California State Motor Vehicle Pollution Control Standards; Waiver of Federal Preemption for Amendments to California's Exhaust Emission Standards and Test Procedures for On-Road Motorcycles and Motorcycle Engines; Notice of Decision, 44027-44029 [E6-12546]
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hsrobinson on PROD1PC69 with NOTICES
Federal Register / Vol. 71, No. 149 / Thursday, August 3, 2006 / Notices
CFR 264.118–.120; 40 CFR 264.142(a),
40 CFR 264.143(a); 40 CFR 264.144(a);
40 CFR 264.145(a); 40 CFR 264.147; 40
CFR 264.148; 40 CFR 264.149; 40 CFR
264.150; 40 CFR 265.12(a)–(b); 40 CFR
265.13(a)(1), (b)–(c); 40 CFR 265.15(d);
40 CFR 265.16(d); 40 CFR 265.19; 40
CFR 265.51–54; 40 CFR 265.56; 40 CFR
265.73–.74; 40 CFR 265.112; 40 CFR
265.113(a), (b), (d); 40 CFR 265.115; 40
CFR 265.116; 40 CFR 265.118–.120; 40
CFR 264.142(a); 40 CFR 265.143(a); 40
CFR 265.144(a); 40 CFR 265.145(a); 40
CFR 265.147; 40 CFR 265.148; 40 CFR
265.149; 40 CFR 265.150; 40 CFR part
264, subpart H; 40 CFR part 265, subpart
H; 40 CFR 270.30; was approved 06/06/
2006; OMB Number 2050–0120; expires
06/30/2009.
EPA ICR No. 1951.03; NESHAP for
Paper and Other Web Coating Renewal;
in 40 CFR part 63, subpart JJJJ; was
approved 06/13/2006; OMB Number
2060–0511; expires 06/30/2009.
EPA ICR No. 1954.03; NESHAP for
the Surface Coating of Large Household
and Commercial Appliances; in 40 CFR
part 63, subpart NNNN, (Renewal); was
approved 06/13/2006; OMB Number
2060–0457; expires 06/30/2009.
EPA ICR No. 1976.03; NESHAP for
Reinforced Plastic Composites
Production (Renewal); in 40 CFR part
63, subpart WWWW; was approved 06/
12/2006; OMB Number 2060–0509;
expires 06/30/2009.
EPA ICR No. 2022.03; NESHAP for
Brick and Structural Clay
Manufacturing (Renewal); in 40 CFR
part 63, subpart JJJJJ; was approved 06/
13/2006; OMB Number 2060–0508;
expires 06/30/2009.
EPA ICR No. 2040.03; NESHAP for
Refractory Products Manufacturing
(Renewal); in 40 CFR part 63, subpart
SSSSS; was approved 06/12/2006; OMB
Number 2060–0515; expires 06/30/2009.
EPA ICR No. 2071.03; NESHAP for
Printing, Coating and Dyeing of Fabrics
and Other Textiles (Renewal); in 40 CFR
part 63, subpart OOOO; was approved
06/12/2006; OMB Number 2060–0522;
expires 06/30/2009.
EPA ICR No. 2211.01; Focus Group
Research for Fuel Economy Label
Designs; was approved 06/09/2006;
OMB Number 2060–0581; expires 08/
31/2006.
EPA ICR No. 2228.01; Reformulated
Gasoline Commingling Provisions; in 40
CFR part 80.78; was approved 06/09/
2006; OMB Number 2060–0587; expires
11/30/2006.
EPA ICR No. 1591.21; Regulation of
Fuel and Fuel Additives: Refiner and
Importer Quality Assurance
Requirements for Downstream Oxygen
Blending and Requirements for
Disposition of Pipeline Interfaces (Direct
VerDate Aug<31>2005
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Final Rule); in 40 CFR 80.69; 40 CFR
80.74; 40 CFR 80.77; 40 CFR 80.84; 40
CFR 80.104; 40 CFR 80.213; 40 CFR
80.365; 40 CFR 80.840; was approved
07/12/2006; OMB Number 2060–0277;
expires 10/31/2007.
EPA ICR No. 2104.02; Brownfields
Programs—Revitalization Grantee
Reporting (Renewal); was approved 07/
05/2006; OMB Number 2050–0192;
expires 07/31/2009.
EPA ICR No. 0575.10; Health and
Safety Data Reporting; Submission of
Lists and Copies of Health and Safety
Studies; in 40 CFR part 716; was
approved 07/06/2006; OMB Number
2070–0004; expires 07/31/2009.
EPA ICR No. 2055.02; Data
Submissions for the Voluntary
Children’s Chemical Evaluation
Program (VCCEP); was approved 07/09/
2006; OMB Number 2070–0165; expires
07/31/2009.
EPA ICR No. 2014.03; Reporting and
Recordkeeping Requirements of the
HCFC Allowance System (Renewal); in
40 CFR part 82.23, 40 CFR part 82.24;
was approved 07/10/2006; OMB
Number 2060–0498; expires 07/31/2009.
EPA ICR No. 2184.02; Inclusion of
Delaware and New Jersey in the Clean
Air Interstate Rule (Final Rule); in 40
CFR 51.123(c)(1), (c)(3), (e)(2), (e)(4)(ii);
40 CFR 51.124(c), (e)(2); 40 CFR 51.125
(a)(1); 40 CFR 96.140; 40 CFR 96.143(a);
was approved 07/10/2006; OMB
Number 2060–0584; expires 07/31/2009.
Comment Filed
EPA ICR No. 0328.12; Spill
Prevention, Control and
Countermeasure (SPCC) Plants
(Proposed Rule); OMB Number 2050–
0021; in 40 CFR 112.3(e); 40 CFR
112.4(a), (e)–(f); 40 CFR 112.5(a); 40 CFR
112.7(a)–(i); OMB filed comments on
06/12/2006.
EPA ICR No. 0783.50; Cold
Temperature Hydrocarbon Emissions
Standards for Light-Duty Vehicles,
Light-Duty Trucks, and Medium-Duty
Passenger Vehicles (Proposed Rule); in
40 CFR part 85, subparts R, S, T, V, W,
and Y; 40 CFR part 86, subparts B, E, F,
G, H, J, K, L, O, P, R, and S; 40 CFR part
600, subparts A, B, D, and F; OMB filed
comments on 06/23/2006.
EPA ICR No. 1989.03; Revised NPDES
and Effluent Limitation Guidelines for
Concentrated Animal Feeding
Operations in Response to Waterkeeper
Decision (Proposed Rule); in 40 CFR
122, 40 CFR 122.21(i)(1)(i–xi), 40 CFR
122.21(f), 40 CFR 122.21(f)(1), 40 CFR
122.21(f)(7), 40 CFR 122.23(f)(1–3), 40
CFR 122.23(g–h), 40 CFR
122.28(b)(3)(iv), 40 CFR 122.41, 40 CFR
122.42(e)(1), 40 CFR 122.42(e)(1)(i–iv),
40 CFR 122.42(e)(4), 40 CFR
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122.42(e)(3), 40 CFR 122.62, 40 CFR
122.62(b)(2–4), 40 CFR 123, 40 CFR
123.25, 40 CFR 123.40, 40 CFR
123.25(a)(22, 27, 30, 31, 33, 34), 40 CFR
123.26(b), 40 CFR 123.42(e)(3–4), 40
CFR 123.42(e)(4)(i–vi), 40 CFR 123.62,
40 CFR 123.62(a), 40 CFR 123.62(b)(1),
40 CFR 412, 40 CFR 412(a)(1)(i–iii), 40
CFR 412.37(b), 40 CFR 412.37(b)(1–6),
40 CFR 412.37(c), 40 CFR 412.37(c)(1–
9); OMB filed comments on 07/11/2006.
Short Term Extensions
EPA ICR No. 2212.01; MBE/WBE
Utilization under Federal Grants,
Cooperative, Agreements and
Interagency Agreements; OMB Number
2090–0025; on 06/29/2006 OMB
extended the expiration date to 08/31/
2006.
EPA ICR No. 1842.04; Notice of Intent
for Storm Water Discharges Associated
with Construction Activity under a
NPDES General Permit; OMB Number
2040–0188; on 06/29/2006 OMB
extended the expiration date to 09/30/
2006.
EPA ICR No. 0226.17; applications for
NPDES Discharge Permits and the
Sewage Sludge Management Permits;
OMB Number 2040–0086; on 06/29/
2006 OMB extended the expiration date
to 09/30/2006.
EPA ICR No. 1820.03; NPDES Storm
Water Program Phase II; OMB Number
2040–0211; on 06/29/2006 OMB
extended the expiration date to 09/30/
2006.
EPA ICR No. 2003.02; NESHAP for
Integrated Iron and Steel Manufacturing
(Final Rule); OMB Number 2060–0517;
on 06/29/2006 OMB extended the
expiration date to 08/30/2006.
Dated: July 27, 2006.
Oscar Morales,
Director, Collection Strategies Division.
[FR Doc. E6–12540 Filed 8–2–06; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[AMS–FRL–8205–4]
California State Motor Vehicle
Pollution Control Standards; Waiver of
Federal Preemption for Amendments
to California’s Exhaust Emission
Standards and Test Procedures for OnRoad Motorcycles and Motorcycle
Engines; Notice of Decision
Environmental Protection
Agency.
ACTION: Notice of Decision Regarding
Waiver of Federal Preemption for
California Motorcycle Emission
Standards.
AGENCY:
E:\FR\FM\03AUN1.SGM
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44028
Federal Register / Vol. 71, No. 149 / Thursday, August 3, 2006 / Notices
hsrobinson on PROD1PC69 with NOTICES
SUMMARY: The California Air Resources
Board (CARB) requested that the
Environmental Protection Agency (EPA)
confirm CARB’s finding that
amendments to its on-road motorcycle
and motorcycle engines exhaust
emission regulations, approved by
CARB on October 22, 1999, are within
the scope of previous Clean Air Act
Section 209(b) waivers of federal
preemption. Instead of confirming
CARB’s request that the amendments
are within the scope of a previously
granted waiver of federal preemption
EPA is, by today’s action, granting a full
waiver of federal preemption.
ADDRESSES: The Agency’s Decision
Document, containing an explanation of
the Assistant Administrator’s decision,
as well as all documents relied upon in
making that decision, including those
submitted to EPA by CARB, are
contained in the public docket. The
official public docket is the collection of
materials that is available for public
viewing. The EPA Docket Center Public
Reading Room is open from 8:30 to 4:30
p.m., Monday through Friday, excluding
legal holidays. The telephone number
for the Public Reading Room is (202)
566–1744, and the telephone number for
the Air and Radiation Docket is (202)
566–1743. The reference number for this
docket is EPA–HQ–OAR–2004–0486.
The location of the Docket Center is the
Environmental Protection Agency,
(EPA/DC) EPA West, Room B102, 1301
Constitution Ave., NW., Washington,
D.C. Copies of the Decision Document
for this determination can also be
obtained by contacting David Dickinson
as noted below, or can be accessed on
the EPA’s Office of Transportation and
Air Quality Web site, also noted below.
FOR FURTHER INFORMATION CONTACT:
David Dickinson, Attorney-Advisor,
Certification and Compliance Division,
(6405J), U.S. Environmental Protection
Agency, 1200 Pennsylvania Avenue,
NW., Washington, DC 20460.
Telephone: (202) 343–9256, FAX: (202)
343–2804, e-mail:
Dickinson.David@EPA.GOV.
SUPPLEMENTARY INFORMATION:
I. Obtaining Electronic Copies of
Documents
Electronic copies of this Notice and
the accompanying Decision Document
are available via the Internet on the
Office of Transportation and Air Quality
(OTAQ) Web site (https://www.epa.gov/
OTAQ). Users can find these documents
by accessing the OTAQ Home Page and
looking at the path entitled
‘‘Chronological List of All OTAQ
Regulations.’’ This service is free of
charge, except for any cost you already
VerDate Aug<31>2005
15:20 Aug 02, 2006
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incur for Internet connectivity. The
official Federal Register version of the
Notice is made available on the day of
publication on the primary Web site
(https://www.epa.gov/docs/fedrgstr/EPA–
AIR/).
Please note that due to differences
between the software used to develop
the documents and the software into
which the documents may be
downloaded, changes in format, page
length, etc. may occur.
Docket: EPA has established a docket
for this action under Docket ID No.
EPA–HQ–OAR–2004–0486. All
documents in the docket are listed in
the https://www.regulations.gov index.
Although listed in the index, some
information is not publicly available,
e.g., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy at the
Docket Center noted above.
II. Determination
I have determined that CARB’s
amendments to its on-highway
motorcycle and motorcycle engine
regulations constitute new standards
and therefore require a new waiver of
federal preemption rather than
confirmation that the amendments are
within the scope of a prior waiver
issued under section 209(b) of the Clean
Air Act (Act), 42 U.S.C. 7543(b), granted
by EPA to CARB.1 The amendments to
the regulations, outlined in CARB’s
request letter 2, and fully described in
CARB’s submissions, provide for: (1) A
combined level of hydrocarbon (HC)
and oxides of nitrogen (NOX) emissions
as HC + NOX for 2004 and subsequent
model years (in comparison to the
preexisting on-road Class III motorcycle
HC-only standard); (2) two tiers of
standard (Tier-1 and -2), with a Tier-1
1 EPA previously granted CARB a waiver of
federal preemption for California’s exhaust
emission standards and test procedures for 1978
and subsequent model year motorcycles at 41 FR
44209 (October 7, 1976) and 43 FR 998 (January 5,
1978). EPA also confirmed that a subsequent
amendment to the HC exhaust standard for certain
small volume manufacturers for the 1982 model
year was within the scope of a previously granted
waiver at 47 FR 23204 (May 27, 1982). Finally, EPA
also confirmed that CARB’s HC exhaust standards
for 1984 and subsequent model year Class III
motorcycles (280 cc and above) was within the
scope of a previously granted waiver at 53 FR 6195
(March 1, 1988). EPA also previously waiver federal
preemption for California’s evaporative emission
standards and test procedures for motorcycles and
confirmed subsequent amendments as within the
scope of previously granted waivers at 47 FR 1015
(January 8, 1982); 47 FR 23204 (May 27, 1982); 53
FR 6195 (March 1, 1988); and 53 FR 36116
(September 16, 1988).
2 Docket entry EPA–HQ–OAR 2004–0486–0002,
letter to EPA, from CARB, dated June 18, 2003.
PO 00000
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standard of 1.4 g/km for HC + NOX for
model years 2004 through 2007 and a
Tier-2 standard of 0.08 for HC + NOX for
model year 2008 and beyond; (3)
retention of corporate averaging for
Class III engine families but an addition
of a not-to-exceed cap limit for each
emission level from each engine family;
and (4) a new definition of ‘‘small
volume manufacturer’’ that applies in
model year 2008 and beyond and
clarification of the definition for
‘‘motorcycle engine.’’
In a June 18, 2003 letter to EPA, CARB
notified EPA of the above-described
amendments to its motorcycle
regulations and asked EPA to confirm
that these amendments are within-thescope of EPA’s previous waivers. EPA
can make such a confirmation if certain
conditions are present. Specifically, if
California acts to amend a previously
waived standard or accompanying
enforcement procedure, the amendment
may be considered within-the-scope of
a previously granted waiver provided
that it does not undermine California’s
determination that its standards, in the
aggregate, are as protective of public
health and welfare as applicable Federal
standards, does not affect the
consistency with section 202(a) of the
Act, and raises no new issues affecting
EPA’s previous waiver.3
In its request letter, CARB stated that
the amendments will not cause the
California standards, in the aggregate, to
be less protective of public health and
welfare than the applicable Federal
standards. Regarding consistency with
section 202(a), CARB stated that the
amendments do not raise any concerns
of inadequate leadtime or technological
feasibility or impose any inconsistent
certification requirements (compared to
the Federal requirements). Finally,
CARB stated that the amendments raise
no new issues affecting the prior EPA
authorization determinations.
Because EPA believed it possible that
CARB’s amendments do in fact raise
‘‘new issues’’ as they impose new more
stringent standards, EPA offered the
opportunity for a public hearing, and
requested public comments, on these
new standards, as the Act requires us to
do, by publication of a Federal Register
notice to such effect on November 21,
2005.4 There was no request for a public
hearing, nor were any comments
received on the CARB standards at
issue. Therefore, EPA has made this
3 Decision Document accompanying scope of
waiver determination in 51 FR 12391 (April 10,
1986).
4 70 FR 70073 (November 21, 2005).
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Federal Register / Vol. 71, No. 149 / Thursday, August 3, 2006 / Notices
hsrobinson on PROD1PC69 with NOTICES
determination based on the information
submitted by CARB in its request.
EPA’s analysis finds that the criteria
for granting a full waiver have been met
for these amendments. A full
explanation of EPA’s decision is
contained in a Decision Document
which may be obtained from EPA as
noted above.
My decision will affect not only
persons in California but also the
manufacturers outside the State who
must comply with California’s
requirements in order to produce
vehicles for sale in California. For this
reason, I hereby determine and find that
this is a final action of national
applicability.
Under section 307(b)(1) of the Act,
judicial review of this final action may
be sought only in the United States
Court of Appeals for the District of
Columbia Circuit. Petitions for review
must be filed by October 2, 2006. Under
section 307(b)(2) of the Act, judicial
review of this final action may not be
obtained in subsequent enforcement
proceedings.
As with past waiver decisions, this
action is not a rule as defined by
Executive Order 12866. Therefore, it is
exempt from review by the Office of
Management and Budget as required for
rules and regulations by Executive
Order 12866.
In addition, this action is not a rule
as defined in the Regulatory Flexibility
Act, 5 U.S.C. 601(2). Therefore, EPA has
not prepared a supporting regulatory
flexibility analysis addressing the
impact of this action on small business
entities.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, does not apply
because this action is not a rule, for
purposes of 5 U.S.C. 804(3).
Finally, the Administrator has
delegated the authority to make
determinations regarding waivers under
section 209(b) of the Act to the Assistant
Administrator for Air and Radiation.
Dated: July 27, 2006.
William L. Wehrum,
Acting Assistant Administrator, Office of Air
and Radiation.
[FR Doc. E6–12546 Filed 8–2–06; 8:45 am]
FEDERAL COMMUNICATIONS
COMMISSION
[Report No. 2783]
Petitions for Reconsideration of Action
in Rulemaking Proceeding
July 27, 2006.
Petitions for Reconsideration have
been filed in the Commission’s
Rulemaking proceeding listed in this
Public Notice and published pursuant to
47 CFR 1.429(e). The full text of these
documents is available for viewing and
copying in Room CY–B402, 445 12th
Street, SW., Washington, DC or may be
purchased from the Commission’s copy
contractor, Best Copy and Printing, Inc.
(BCPI) (1–800–378–3160). Oppositions
to these petitions must be filed by
August 18, 2006. See Section 1.4(b)(1) of
the Commission’s rules (47 CFR
1.4(b)(1)). Replies to an opposition must
be filed within 10 days after the time for
filing oppositions have expired.
Subject: In the Matter of Amendment
of Parts 1, 21, 73, 74 and 101 of the
Commission’s Rules to Facilitate the
Provision of Fixed and Mobile
Broadband Access, Educational And
Other Advanced Services in the 2150–
2162 and 2500–2690 MHz Bands (WT
Docket No. 03–66).
Part 1 of the Commission’s Rules—
Further Competitive Bidding Procedures
(WT Docket No. 03–67).
Amendment of Parts 21 and 74 to
Enable Multipoint Distribution Service
and the Instructional Television Fixed
Service to Engage in Fixed Two-Way
Transmissions (MM Docket No. 97–
217).
Amendment of Parts 21 and 74 of the
Commission’s Rules with Regard to
Licensing in the Multipoint Distribution
Service and in the Instructional
Television Fixed Service for the Gulf of
Mexico (WT Docket No. 02–68).
Promoting Efficient Use of Spectrum
through Elimination of Barriers to the
Development of Secondary Markets (WT
Docket No. 00–230).
Review of the Spectrum Sharing Plan
among Non-Geostationary Satellite Orbit
Mobile Satellite Service Systems in the
1.6/2.4 GHz Bands (IB Docket No. 02–
364).
Number of Petitions Filed: 10.
BILLING CODE 6560–50–P
Marlene H. Dortch,
Secretary.
[FR Doc. E6–12545 Filed 8–2–06; 8:45 am]
BILLING CODE 6712–01–P
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44029
FEDERAL RESERVE SYSTEM
Change in Bank Control Notices;
Acquisition of Shares of Bank or Bank
Holding Companies
The notificants listed below have
applied under the Change in Bank
Control Act (12 U.S.C. 1817(j)) and
§ 225.41 of the Board’s Regulation Y (12
CFR 225.41) to acquire a bank or bank
holding company. The factors that are
considered in acting on the notices are
set forth in paragraph 7 of the Act (12
U.S.C. 1817(j)(7)).
The notices are available for
immediate inspection at the Federal
Reserve Bank indicated. The notices
also will be available for inspection at
the office of the Board of Governors.
Interested persons may express their
views in writing to the Reserve Bank
indicated for that notice or to the offices
of the Board of Governors. Comments
must be received not later than August
18, 2006.
A. Federal Reserve Bank of
Minneapolis (Jacqueline G. King,
Community Affairs Officer) 90
Hennepin Avenue, Minneapolis,
Minnesota 55480-0291:
1. Jon W. Neumann, Hawley,
Minnesota; to acquire voting shares of
First Hawley Bancshares, Inc., Hawley,
Minnesota, and thereby indirectly
acquire voting shares of First National
Bank, Hawley, Minnesota.
Board of Governors of the Federal Reserve
System, July 28, 2006.
Robert deV. Frierson,
Deputy Secretary of the Board.
[FR Doc. E6–12487 Filed 8–2–06; 8:45 am]
BILLING CODE 6210–01–S
FEDERAL RESERVE SYSTEM
Formations of, Acquisitions by, and
Mergers of Bank Holding Companies
The companies listed in this notice
have applied to the Board for approval,
pursuant to the Bank Holding Company
Act of 1956 (12 U.S.C. 1841 et seq.)
(BHC Act), Regulation Y (12 CFR Part
225), and all other applicable statutes
and regulations to become a bank
holding company and/or to acquire the
assets or the ownership of, control of, or
the power to vote shares of a bank or
bank holding company and all of the
banks and nonbanking companies
owned by the bank holding company,
including the companies listed below.
The applications listed below, as well
as other related filings required by the
Board, are available for immediate
inspection at the Federal Reserve Bank
indicated. The application also will be
E:\FR\FM\03AUN1.SGM
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]]>Agencies
[Federal Register Volume 71, Number 149 (Thursday, August 3, 2006)]
[Notices]
[Pages 44027-44029]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-12546]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[AMS-FRL-8205-4]
California State Motor Vehicle Pollution Control Standards;
Waiver of Federal Preemption for Amendments to California's Exhaust
Emission Standards and Test Procedures for On-Road Motorcycles and
Motorcycle Engines; Notice of Decision
AGENCY: Environmental Protection Agency.
ACTION: Notice of Decision Regarding Waiver of Federal Preemption for
California Motorcycle Emission Standards.
-----------------------------------------------------------------------
[[Page 44028]]
SUMMARY: The California Air Resources Board (CARB) requested that the
Environmental Protection Agency (EPA) confirm CARB's finding that
amendments to its on-road motorcycle and motorcycle engines exhaust
emission regulations, approved by CARB on October 22, 1999, are within
the scope of previous Clean Air Act Section 209(b) waivers of federal
preemption. Instead of confirming CARB's request that the amendments
are within the scope of a previously granted waiver of federal
preemption EPA is, by today's action, granting a full waiver of federal
preemption.
ADDRESSES: The Agency's Decision Document, containing an explanation of
the Assistant Administrator's decision, as well as all documents relied
upon in making that decision, including those submitted to EPA by CARB,
are contained in the public docket. The official public docket is the
collection of materials that is available for public viewing. The EPA
Docket Center Public Reading Room is open from 8:30 to 4:30 p.m.,
Monday through Friday, excluding legal holidays. The telephone number
for the Public Reading Room is (202) 566-1744, and the telephone number
for the Air and Radiation Docket is (202) 566-1743. The reference
number for this docket is EPA-HQ-OAR-2004-0486. The location of the
Docket Center is the Environmental Protection Agency, (EPA/DC) EPA
West, Room B102, 1301 Constitution Ave., NW., Washington, D.C. Copies
of the Decision Document for this determination can also be obtained by
contacting David Dickinson as noted below, or can be accessed on the
EPA's Office of Transportation and Air Quality Web site, also noted
below.
FOR FURTHER INFORMATION CONTACT: David Dickinson, Attorney-Advisor,
Certification and Compliance Division, (6405J), U.S. Environmental
Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460.
Telephone: (202) 343-9256, FAX: (202) 343-2804, e-mail:
Dickinson.David@EPA.GOV.
SUPPLEMENTARY INFORMATION:
I. Obtaining Electronic Copies of Documents
Electronic copies of this Notice and the accompanying Decision
Document are available via the Internet on the Office of Transportation
and Air Quality (OTAQ) Web site (https://www.epa.gov/OTAQ). Users can
find these documents by accessing the OTAQ Home Page and looking at the
path entitled ``Chronological List of All OTAQ Regulations.'' This
service is free of charge, except for any cost you already incur for
Internet connectivity. The official Federal Register version of the
Notice is made available on the day of publication on the primary Web
site (https://www.epa.gov/docs/fedrgstr/EPA-AIR/).
Please note that due to differences between the software used to
develop the documents and the software into which the documents may be
downloaded, changes in format, page length, etc. may occur.
Docket: EPA has established a docket for this action under Docket
ID No. EPA-HQ-OAR-2004-0486. All documents in the docket are listed in
the https://www.regulations.gov index. Although listed in the index,
some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, will be publicly available only
in hard copy at the Docket Center noted above.
II. Determination
I have determined that CARB's amendments to its on-highway
motorcycle and motorcycle engine regulations constitute new standards
and therefore require a new waiver of federal preemption rather than
confirmation that the amendments are within the scope of a prior waiver
issued under section 209(b) of the Clean Air Act (Act), 42 U.S.C.
7543(b), granted by EPA to CARB.\1\ The amendments to the regulations,
outlined in CARB's request letter \2\, and fully described in CARB's
submissions, provide for: (1) A combined level of hydrocarbon (HC) and
oxides of nitrogen (NOX) emissions as HC + NOX
for 2004 and subsequent model years (in comparison to the preexisting
on-road Class III motorcycle HC-only standard); (2) two tiers of
standard (Tier-1 and -2), with a Tier-1 standard of 1.4 g/km for HC +
NOX for model years 2004 through 2007 and a Tier-2 standard
of 0.08 for HC + NOX for model year 2008 and beyond; (3)
retention of corporate averaging for Class III engine families but an
addition of a not-to-exceed cap limit for each emission level from each
engine family; and (4) a new definition of ``small volume
manufacturer'' that applies in model year 2008 and beyond and
clarification of the definition for ``motorcycle engine.''
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\1\ EPA previously granted CARB a waiver of federal preemption
for California's exhaust emission standards and test procedures for
1978 and subsequent model year motorcycles at 41 FR 44209 (October
7, 1976) and 43 FR 998 (January 5, 1978). EPA also confirmed that a
subsequent amendment to the HC exhaust standard for certain small
volume manufacturers for the 1982 model year was within the scope of
a previously granted waiver at 47 FR 23204 (May 27, 1982). Finally,
EPA also confirmed that CARB's HC exhaust standards for 1984 and
subsequent model year Class III motorcycles (280 cc and above) was
within the scope of a previously granted waiver at 53 FR 6195 (March
1, 1988). EPA also previously waiver federal preemption for
California's evaporative emission standards and test procedures for
motorcycles and confirmed subsequent amendments as within the scope
of previously granted waivers at 47 FR 1015 (January 8, 1982); 47 FR
23204 (May 27, 1982); 53 FR 6195 (March 1, 1988); and 53 FR 36116
(September 16, 1988).
\2\ Docket entry EPA-HQ-OAR 2004-0486-0002, letter to EPA, from
CARB, dated June 18, 2003.
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In a June 18, 2003 letter to EPA, CARB notified EPA of the above-
described amendments to its motorcycle regulations and asked EPA to
confirm that these amendments are within-the-scope of EPA's previous
waivers. EPA can make such a confirmation if certain conditions are
present. Specifically, if California acts to amend a previously waived
standard or accompanying enforcement procedure, the amendment may be
considered within-the-scope of a previously granted waiver provided
that it does not undermine California's determination that its
standards, in the aggregate, are as protective of public health and
welfare as applicable Federal standards, does not affect the
consistency with section 202(a) of the Act, and raises no new issues
affecting EPA's previous waiver.\3\
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\3\ Decision Document accompanying scope of waiver determination
in 51 FR 12391 (April 10, 1986).
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In its request letter, CARB stated that the amendments will not
cause the California standards, in the aggregate, to be less protective
of public health and welfare than the applicable Federal standards.
Regarding consistency with section 202(a), CARB stated that the
amendments do not raise any concerns of inadequate leadtime or
technological feasibility or impose any inconsistent certification
requirements (compared to the Federal requirements). Finally, CARB
stated that the amendments raise no new issues affecting the prior EPA
authorization determinations.
Because EPA believed it possible that CARB's amendments do in fact
raise ``new issues'' as they impose new more stringent standards, EPA
offered the opportunity for a public hearing, and requested public
comments, on these new standards, as the Act requires us to do, by
publication of a Federal Register notice to such effect on November 21,
2005.\4\ There was no request for a public hearing, nor were any
comments received on the CARB standards at issue. Therefore, EPA has
made this
[[Page 44029]]
determination based on the information submitted by CARB in its
request.
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\4\ 70 FR 70073 (November 21, 2005).
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EPA's analysis finds that the criteria for granting a full waiver
have been met for these amendments. A full explanation of EPA's
decision is contained in a Decision Document which may be obtained from
EPA as noted above.
My decision will affect not only persons in California but also the
manufacturers outside the State who must comply with California's
requirements in order to produce vehicles for sale in California. For
this reason, I hereby determine and find that this is a final action of
national applicability.
Under section 307(b)(1) of the Act, judicial review of this final
action may be sought only in the United States Court of Appeals for the
District of Columbia Circuit. Petitions for review must be filed by
October 2, 2006. Under section 307(b)(2) of the Act, judicial review of
this final action may not be obtained in subsequent enforcement
proceedings.
As with past waiver decisions, this action is not a rule as defined
by Executive Order 12866. Therefore, it is exempt from review by the
Office of Management and Budget as required for rules and regulations
by Executive Order 12866.
In addition, this action is not a rule as defined in the Regulatory
Flexibility Act, 5 U.S.C. 601(2). Therefore, EPA has not prepared a
supporting regulatory flexibility analysis addressing the impact of
this action on small business entities.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, does not
apply because this action is not a rule, for purposes of 5 U.S.C.
804(3).
Finally, the Administrator has delegated the authority to make
determinations regarding waivers under section 209(b) of the Act to the
Assistant Administrator for Air and Radiation.
Dated: July 27, 2006.
William L. Wehrum,
Acting Assistant Administrator, Office of Air and Radiation.
[FR Doc. E6-12546 Filed 8-2-06; 8:45 am]
BILLING CODE 6560-50-P
