Exhaust Emission Standards for 2012 and Later Model Year Snowmobiles, 35946-35952 [E8-14411]
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35946
Federal Register / Vol. 73, No. 123 / Wednesday, June 25, 2008 / Rules and Regulations
implemented. Thus, Executive Order
13175 does not apply to this rule.
G. Executive Order 13045: ‘‘Protection
of Children From Environmental Health
Risks and Safety Risks’’
(62 FR 19885, April 23, 1997) applies
to any rule that: (1) Is determined to be
‘‘economically significant’’ as defined
under Executive Order 12866, and (2)
concerns an environmental health or
safety risk that EPA has reason to
believe may have a disproportionate
effect on children. If the regulatory
action meets both criteria, the Agency
must evaluate the environmental health
or safety effects of the planned rule on
children, and explain why the planned
regulation is preferable to other
potentially effective and reasonably
feasible alternatives considered by the
Agency. EPA interprets Executive Order
13045 as applying only to those
regulatory actions that are based on
health or safety risks, such that the
analysis required under section 5–501 of
the Order has the potential to influence
the regulation. This rule is not subject
to Executive Order 13045 because it
does not establish an environmental
standard intended to mitigate health or
safety risks.
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H. Executive Order 13211 (Energy
Effects)
This rule is not subject to Executive
Order 13211, ‘‘Actions Concerning
Regulations That Significantly Affect
Energy Supply, Distribution, or Use’’ (66
FR 28355 (May 22, 2001)) because it is
not a significant regulatory action under
Executive Order 12866.
I. National Technology Transfer
Advancement Act
As noted in the proposed rule,
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (‘‘NTTAA’’), Public Law
104–113, section 12(d) (15 U.S.C. 272
note) directs EPA to use voluntary
consensus standards in its regulatory
activities unless to do so would be
inconsistent with applicable law or
otherwise impractical. Voluntary
consensus standards are technical
standards (e.g., materials specifications,
test methods, sampling procedures, and
business practices) that are developed or
adopted by voluntary consensus
standards bodies. The NTTAA directs
EPA to provide Congress, through OMB,
explanations when the Agency decides
not to use available and applicable
voluntary consensus standards. This
action does not involved technical
standards. Therefore, EPA did not
consider the use of any voluntary
consensus standards.
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J. Executive Order 12898: Federal
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations
Executive Order 12898 (59 FR 7629
(Feb. 16, 1994)) establishes federal
executive policy on environmental
justice. Its main provision directs
federal agencies, to the greatest extent
practicable and permitted by law, to
make environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations and low-income
populations in the United States. EPA
has determined that this final rule will
not have disproportionately high and
adverse human health or environmental
effects on minority or low-income
populations because it does not affect
the level of protection provided to
human health or the environment. This
rule applies to one facility and
withdraws a rule that was not
implemented.
K. The Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. Section 804
exempts from section 801 the following
types of rules (1) rules of particular
applicability; (2) rules relating to agency
management or personnel; and (3) rules
of agency organization, procedure, or
practice that do not substantially affect
the rights or obligations of non-agency
parties. 5 U.S.C. 804(3). EPA is not
required to submit a rule report
regarding today’s action under section
801 because it is a rule of particular
applicability and does not impose any
new requirements.
List of Subjects in 40 CFR Part 261
Environmental protection, Hazardous
waste, Recycling, Waste treatment and
disposal, Recycling.
Dated: June 19, 2008.
Stephen L. Johnson,
Administrator.
For the reasons set forth in the
preamble, parts 261 of chapter I of title
40 of the Code of Federal Regulations
are amended as follows:
I
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PART 261—IDENTIFICATION AND
LISTING OF HAZARDOUS WASTE
1. The authority citation for part 261
continues to read as follows:
I
Authority: 42 U.S.C. 6905, 6912(a), 6921,
6922, 6924(y) and 6938.
2. Section 261.4 paragraph (b)(16) is
removed and reserved.
I
[FR Doc. E8–14403 Filed 6–24–08; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 1051
[EPA–HQ–OAR–2008–0124; FRL–8684–6]
RIN 2060–A088
Exhaust Emission Standards for 2012
and Later Model Year Snowmobiles
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
SUMMARY: In a November 2002 final
rule, we established the first U.S.
emission standards for new
snowmobiles. Subsequent litigation
regarding that final rule resulted in a
court decision which requires us to:
remove the oxides of nitrogen (NOX)
component from the Phase 3
snowmobile standards set to take effect
in 2012, and; clarify the evidence and
analysis upon which the Phase 3 carbon
monoxide (CO) and hydrocarbon (HC)
standards were based. In this action, we
are removing the NOX component from
the Phase 3 emission standard
calculation. We are deferring action on
the 2012 CO and HC emission standards
portion of the court’s remand to a
separate rulemaking action.
DATES: This rule is effective on August
25, 2008 without further notice, unless
EPA receives adverse comment by July
25, 2008 or a request for a public
hearing by July 15, 2008. If a hearing is
requested by this date, it will be held at
a time and place to be published in the
Federal Register. After the hearing, the
docket for this rulemaking will remain
open for an additional 30 days to
receive comments. If a hearing is held,
EPA will publish a document in the
Federal Register extending the
comment period for 30 days after the
hearing. If EPA receives adverse
comments or a request for public
hearing, it will publish a timely
withdrawal of the direct final rule in
Federal Register and inform the public
that the rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
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OAR–2008–0124, by one of the
following methods:
• https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
• E-mail: a-and-r-docket@epa.gov.
• Fax: (202) 566–1741.
• Mail: Environmental Protection
Agency, Mail Code: 6102T, 1200
Pennsylvania Ave., NW., Washington,
DC, 20460. Please include two copies.
• Hand Delivery: EPA Docket Center
(Air Docket), U.S. Environmental
Protection Agency, EPA West Building,
1301 Constitution Avenue, NW., Room:
3334 Mail Code: 6102T, Washington,
DC. Such deliveries are only accepted
during the Docket’s normal hours of
operation, and special arrangements
should be made for deliveries of boxed
information.
Instructions: Direct your comments to
Docket ID No. EPA–HQ–OAR–2008–
0124. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov or e-mail. The
www.regulations.gov Web site is an
‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through https://
www.regulations.gov your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
Category
Industry
Industry
Industry
Industry
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a North
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses. For additional information
about EPA’s public docket visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
Docket: 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. Publicly available docket
materials are available either
electronically in https://
www.regulations.gov or in hard copy at
the EPA Docket Center, EPA/DC, EPA
West, Room 3334, 1301 Constitution
Avenue, NW., Washington, DC. The
Public Reading Room is open from 8:30
a.m. 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 Docket
is (202) 566–1742.
Public Hearing: To request a public
hearing, contact John Mueller at (734)
214–4275 or mueller.john@epa.gov. If a
public hearing is held, persons wishing
to testify must submit copies of their
testimony to the docket and to John
Mueller at the address below, no later
than 10 days prior to the hearing.
FOR FURTHER INFORMATION CONTACT: John
Mueller, Assessment and Standards
Division, Office of Transportation and
NAICS code a
..........................
..........................
..........................
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333618
336999
811310
421110
35947
Air Quality, 2000 Traverwood Drive,
Ann Arbor, MI 48105; telephone
number: (734) 214–4275; fax number:
(734) 214–4050; e-mail address:
mueller.john@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Why Is EPA Using a Direct Final
Rule?
We are publishing this as a direct
final rule because we view this as a
noncontroversial action. We are simply
removing the NOX component from the
Phase 3 snowmobile emission standard
equation as required by the court
decision. However, in the ‘‘Proposed
Rules’’ section of today’s Federal
Register, we are publishing a separate
document that will serve as the
proposed rule to consider adoption of
the provisions in this direct final rule if
adverse comments or a request for a
public hearing are received on this
action. We will not institute a second
comment period on this action. Any
parties interested in commenting must
do so at this time. For further
information about commenting on this
rule, see the ADDRESSES section of this
document.
If EPA receives adverse comment or a
request for a public hearing, we will
publish a timely withdrawal in the
Federal Register informing the public
that this direct final rule will not take
effect. We would address all public
comments in any subsequent final rule
based on the proposed rule.
II. Does This Action Apply to Me?
This action will affect companies that
manufacture, sell, or import into the
United States new snowmobiles and
new spark-ignition engines for use in
snowmobiles. This action may also
affect companies and persons that
rebuild or maintain these engines.
Affected categories and entities include
the following:
Examples of potentially affected entities
Manufacturers of new nonroad spark-ignition engines.
Snowmobile manufacturers.
Engine repair and maintenance.
Independent commercial importers of vehicles and parts.
American Industry Classification System (NAICS).
This table is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
regulated by this action. To determine
whether particular activities may be
affected by this action, you should
carefully examine the regulations. You
may direct questions regarding the
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applicability of this action as noted in
FOR FURTHER INFORMATION CONTACT.
III. What Should I Consider as I
Prepare My Comments for EPA?
A. Submitting CBI. Do not submit
Confidential Business Information (CBI)
to EPA through https://
www.regulations.gov or e-mail. Clearly
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mark the part or all of the information
that you claim to be CBI. For CBI
information in a disk or CD ROM that
you mail to EPA, mark the outside of the
disk or CD ROM as CBI and then
identify electronically within the disk or
CD ROM the specific information that is
claimed as CBI. In addition to one
complete version of the comment that
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• Explain why you agree or disagree;
suggest alternatives and substitute
language for your requested changes.
• Describe any assumptions and
provide any technical information and/
or data that you used.
• If you estimate potential costs or
burdens, explain how you arrived at
your estimate in sufficient detail to
allow for it to be reproduced.
• Provide specific examples to
illustrate your concerns, and suggest
alternatives.
• Explain your views as clearly as
possible, avoiding the use of profanity
or personal threats.
• Make sure to submit your
comments by the comment period
deadline identified.
IV. Summary of Rule
In November 2002, we adopted
emission standards for new
( HC + NOX )STD − 15
COSTD
1 −
× 100 + 1 −
150
400
The two main advanced technologies
we anticipated being used to meet the
Phase 3 standards (direct or semi-direct
injection 2-stroke engines, and 4-stroke
engines) tend to have rather different
emissions profiles, and the equation was
designed to allow manufacturers to use
varying mixes of these technologies as
the market would allow, while still
achieving substantial emission
reductions. The Phase 3 standard
equation in essence requires nominal 50
percent reductions in CO and HC
compared to uncontrolled levels, which
are 150 g/kW-hr for HC and 400 g/kWhr for CO. However, the equation is
structured such that mixes of CO and
HC reductions can be used. In
conjunction with a straight HC limit of
75 g/kW-hr (ensuring at least 50
reduction in HC) and a corporate
average CO standard that could not
exceed 275 g/kW-hr (ensuring at least
approximately 30 reduction in CO), the
equation allows up to 70 percent
reductions of HC and 30 percent
reductions of CO, as long as the
percentage reduction of both pollutants
combined is at least 100 percent. As
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1 ‘‘Control of Emissions from Nonroad Large
Spark-Ignition Engines; and Recreational Engines
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× 100 ≥ 100
previously mentioned, the Phase 3
equation also contained a NOX
component. We did not want the
anticipated increased use of 4-stroke
engines (which tend to have higher NOX
emissions as compared to 2-stroke
engines) to result in fleet average
increases in snowmobile NOX
emissions. Thus, we included in the
Phase 3 equation a NOX term that was
intended to cap NOX emissions, and a
‘‘¥15’’ term that was intended to
account for NOX emissions from
existing 4-stroke engines. See 67 FR
68272–68275.
Following the promulgation of the
November 2002 final rule, Bluewater
Network, Environmental Defense and
the International Snowmobile
Manufacturers Association petitioned
for review of the rule in the Court of
Appeals for the District of Columbia.
The court upheld much of the rule and
rationale, but made two determinations
requiring further action by EPA. See
Bluewater Network v. EPA, 370 F. 3d 1
(D.C.Cir 2004) First, the court vacated
the NOX portion of the Phase 3
standards, stating that EPA did not have
HCSTD
1 − 150
COSTD
× 100 + 1 − 400
snowmobiles.1 The program contained
three phases of standards. The Phase 1
standards, effective with the 2006 model
year, and the Phase 2 standards,
effective with the 2010 model year,
contained limits for CO and HC
emissions. The Phase 3 standards,
effective with the 2012 model year, also
contained a NOX component in addition
to CO and HC components, effectively
creating separate HC+NOX and CO
emission standards for 2012 and later
model years. Each set of these standards
permits emissions averaging among a
manufacturer’s engine families.
The form of the Phase 3 standards
also differed from the Phase 1 and 2
standards. While the Phase 1 and 2
standards simply contained numerical
limits for CO and HC, the Phase 3
standards were in the form of an
equation, as follows:
authority to adopt NOX standards for
snowmobiles under the section 214(a)(4)
of the Clean Air Act. Second, the court
remanded the CO and HC portions of
the Phase 3 standards for us to clarify
the evidence and analysis upon which
the standards are based. Today’s action
pertains to the first portion of the court’s
ruling. In contrast to today’s action,
addressing the remand of the 2012 CO
and HC emission standards will require
more deliberate study. Thus, we will be
addressing those standards in a separate
rulemaking action; we are not
addressing them here. Our intention is
to release a Notice of Proposed
Rulemaking in the 2009 timeframe, with
a Final Rule in the 2010 timeframe.
Today’s action consists of
modifications to the Phase 3 emission
standard equation shown above. In that
equation (40 CFR 1051.103), we are
removing both the component requiring
addition of NOX emissions to HC
emissions (the HC component remains)
and the component reducing that sum
by 15, to read as follows:
× 100 ≥ 100
ER25JN08.005
includes information claimed as CBI, a
copy of the comment that does not
contain the information claimed as CBI
must be submitted for inclusion in the
public docket. Information so marked
will not be disclosed except in
accordance with procedures set forth in
40 CFR Part 2.
B. Tips for Preparing Your Comments.
When submitting comments, remember
to:
• Identify the rulemaking by docket
number and other identifying
information (subject heading, Federal
Register date and page number).
• Follow directions—The agency may
ask you to respond to specific questions
or organize comments by referencing a
Code of Federal Regulations (CFR) part
or section number.
(Marine and Land-Based); Final Rule,’’ 67 FR
68242, November 8, 2002.
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We note that by removing both the
‘‘NOX’’ and the ‘‘¥15’’ terms we are
effectively maintaining the stringency of
the HC and CO limits relative to
baseline levels (nominal 50 percent
reductions of HC and CO, or up to 70
percent reductions of HC and 30 percent
reductions of CO) as they were
originally promulgated.
V. Statutory and Executive Order
Reviews
A. Executive Order 12866: Regulatory
Planning and Review
This action is not a ‘‘significant
regulatory action’’ under the terms of
Executive Order 12866 (58 FR 51735,
October 4, 1993) and is therefore not
subject to review under the Executive
Order. This direct final rule merely
removes the NOX component from the
snowmobile Phase 3 emission standards
equation, as directed by the court’s
ruling. There are no new costs
associated with this rule.
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B. Paperwork Reduction Act
This action does not impose any new
information collection burden. This
direct final rule merely revises the
snowmobile Phase 3 emissions equation
by removing the NOX component.
However, the Office of Management and
Budget (OMB) has previously approved
the information collection requirements
contained in the existing regulations [40
CFR part 1051] under the provisions of
the Paperwork Reduction Act, 44 U.S.C.
3501 et seq. and has assigned OMB
control number 2060–0338, EPA ICR
number 1695. A copy of the OMB
approved Information Collection
Request (ICR) may be obtained from
Susan Auby, Collection Strategies
Division; U.S. Environmental Protection
Agency (2822T); 1200 Pennsylvania
Ave., NW., Washington, DC 20460 or by
calling (202) 566–1672.
Burden means the total time, effort, or
financial resources expended by persons
to generate, maintain, retain, or disclose
or provide information to or for a
Federal agency. This includes the time
needed to review instructions; develop,
acquire, install, and utilize technology
and systems for the purposes of
collecting, validating, and verifying
information, processing and
maintaining information, and disclosing
and providing information; adjust the
existing ways to comply with any
previously applicable instructions and
requirements; train personnel to be able
to respond to a collection of
information; search data sources;
complete and review the collection of
information; and transmit or otherwise
disclose the information.
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An agency may not conduct or
sponsor, and a person is not required to
respond to a collection of information
unless it displays a currently valid OMB
control number. The OMB control
numbers for EPA’s regulations in 40
CFR are listed in 40 CFR part 9.
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C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA)
generally requires an agency to prepare
a regulatory flexibility analysis of any
rule subject to notice and comment
rulemaking requirements under the
Administrative Procedure Act or any
other statute unless the agency certifies
that the rule will not have a significant
economic impact on a substantial
number of small entities. Small entities
include small businesses, small
organizations, and small governmental
jurisdictions.
For purposes of assessing the impacts
of this final rule on small entities, a
small entity is defined as: (1) A small
business that meets the definition for
business based on SBA size standards at
13 CFR 121.201; (2) a small
governmental jurisdiction that is a
government of a city, county, town,
school district or special district with a
population of less than 50,000; and (3)
a small organization that is any not-forprofit enterprise which is independently
owned and operated and is not
dominant in its field.
After considering the economic
impacts of today’s final rule on small
entities, I certify that this action will not
have a significant economic impact on
a substantial number of small entities.
In determining whether a rule has a
significant economic impact on a
substantial number of small entities, the
impact of concern is any significant
adverse economic impact on small
entities, since the primary purpose of
the regulatory flexibility analyses is to
identify and address regulatory
alternatives ‘‘which minimize any
significant economic impact of the rule
on small entities.’’ 5 U.S.C. 603 and 604.
Thus, an agency may certify that a rule
will not have a significant economic
impact on a substantial number of small
entities if the rule relieves regulatory
burden, or otherwise has a positive
economic effect on all of the small
entities subject to the rule.
This direct final rule merely removes
the NOX component from the
snowmobile Phase 3 regulations. We
have therefore concluded that today’s
final rule will not affect regulatory
burden for all affected small entities.
Law 104–4, establishes requirements for
federal agencies to assess the effects of
their regulatory actions on state, local,
and tribal governments and the private
sector. Under section 202 of the UMRA,
EPA generally must prepare a written
statement, including a cost-benefit
analysis, for proposed and final rules
with ‘‘federal mandates’’ that may result
in expenditures to state, local, and tribal
governments, in the aggregate, or to the
private sector, of $100 million or more
in any one year. Before promulgating an
EPA rule for which a written statement
is needed, section 205 of the UMRA
generally requires EPA to identify and
consider a reasonable number of
regulatory alternatives and to adopt the
least costly, most cost-effective, or least
burdensome alternative that achieves
the objectives of the rule. The
provisions of section 205 do not apply
when they are inconsistent with
applicable law. Moreover, section 205
allows EPA to adopt an alternative other
than the least costly, most cost-effective,
or least burdensome alternative if the
Administrator publishes with the final
rule an explanation of why such an
alternative was adopted.
Before EPA establishes any regulatory
requirements that may significantly or
uniquely affect small governments,
including tribal governments, it must
have developed under section 203 of the
UMRA a small government agency plan.
The plan must provide for notifying
potentially affected small governments,
enabling officials of affected small
governments to have meaningful and
timely input in the development of EPA
regulatory proposals with significant
federal intergovernmental mandates,
and informing, educating, and advising
small governments on compliance with
the regulatory requirements.
This rule contains no federal
mandates for state, local, or tribal
governments, or the private sector as
defined by the provisions of Title II of
the UMRA. The rule imposes no
enforceable duties on any of these
governmental entities. This rule
contains no regulatory requirements that
would significantly or uniquely affect
small governments. EPA has determined
that this rule contains no federal
mandates that may result in
expenditures of more than $100 million
to the private sector in any single year.
This direct final rule merely removes
the NOX component from the
snowmobile Phase 3 regulations. This
rule is not subject to the requirements
of sections 202 and 205 of UMRA.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA), Public
E. Executive Order 13132: Federalism
Executive Order 13132, entitled
‘‘Federalism’’ (64 FR 43255, August 10,
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1999), requires EPA to develop an
accountable process to ensure
‘‘meaningful and timely input by State
and local officials in the development of
regulatory policies that have federalism
implications.’’ ‘‘Policies that have
federalism implications’’ are defined in
the Executive Order to include
regulations that have ‘‘substantial direct
effects on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government.’’
Under section 6 of Executive Order
13132, EPA may not issue a regulation
that has federalism implications, that
imposes substantial direct compliance
costs, and that is not required by statute,
unless the Federal government provides
the funds necessary to pay the direct
compliance costs incurred by State and
local governments, or EPA consults with
State and local officials early in the
process of developing the regulation.
EPA also may not issue a regulation that
has federalism implications and that
preempts State law, unless the agency
consults with State and local officials
early in the process of developing the
regulation.
Section 4 of the Executive Order
contains additional requirements for
rules that preempt State or local law,
even if those rules do not have
federalism implications (i.e., the rules
will not have substantial direct effects
on the States, on the relationship
between the national government and
the states, or on the distribution of
power and responsibilities among the
various levels of government). Those
requirements include providing all
affected State and local officials notice
and an opportunity for appropriate
participation in the development of the
regulation. If the preemption is not
based on express or implied statutory
authority, EPA also must consult, to the
extent practicable, with appropriate
State and local officials regarding the
conflict between State law and
Federally protected interests within the
agency’s area of regulatory
responsibility.
This rule does not have federalism
implications. It will not have substantial
direct effects on the States, on the
relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132. This direct final
rule merely removes the NOX
component from the snowmobile Phase
3 regulations. Thus, Executive Order
13132 does not apply to this rule.
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F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
Executive Order 13175, entitled
‘‘Consultation and Coordination with
Indian Tribal Governments’’ (59 FR
22951, November 6, 2000), requires EPA
to develop an accountable process to
ensure ‘‘meaningful and timely input by
tribal officials in the development of
regulatory policies that have tribal
implications.’’ ‘‘Policies that have tribal
implications’’ is defined in the
Executive Order to include regulations
that have ‘‘substantial direct effects on
one or more Indian tribes, on the
relationship between the Federal
government and the Indian tribes, or on
the distribution of power and
responsibilities between the Federal
government and Indian tribes.’’
This rule does not have tribal
implications. It will not have substantial
direct effects on tribal governments, on
the relationship between the Federal
government and Indian tribes, or on the
distribution of power and
responsibilities between the Federal
government and Indian tribes, as
specified in Executive Order 13175.
This rule does not uniquely affect the
communities of Indian Tribal
Governments. Further, no circumstances
specific to such communities exist that
would cause an impact on these
communities beyond those discussed in
the other sections of this rule. This
direct final rule merely removes the
NOX component from the snowmobile
Phase 3 regulations. Thus, Executive
Order 13175 does not apply to this rule.
G. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
Executive Order 13045, ‘‘Protection of
Children from Environmental Health
Risks and Safety Risks’’ (62 FR 19885,
April 23, 1997) applies to any rule that
(1) is determined to be ‘‘economically
significant’’ as defined under Executive
Order 12866, and (2) concerns an
environmental health or safety risk that
EPA has reason to believe may have a
disproportionate effect on children. If
the regulatory action meets both criteria,
section 5–501 of the Order directs the
Agency to evaluate the environmental
health or safety effects of the planned
rule on children, and explain why the
planned regulation is preferable to other
potentially effective and reasonably
feasible alternatives considered by the
Agency.
This rule is not subject to the
Executive Order because it is not
economically significant as defined in
Executive Order 12866, and because the
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Fmt 4700
Sfmt 4700
Agency does not have reason to believe
the environmental health or safety risks
addressed by this action present a
disproportionate risk to children. This
direct final rule merely removes the
NOX component from the snowmobile
Phase 3 regulations.
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This rule is not a ‘‘significant energy
action’’ as defined in Executive Order
13211, ‘‘Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001) because it is not likely to have
a significant adverse effect on the
supply, distribution or use of energy.
This direct final rule merely removes
the NOX component from the
snowmobile Phase 3 regulations.
I. National Technology Transfer and
Advancement Act
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (‘‘NTTAA’’), Public Law
104–113, section 12(d) (15 U.S.C. 272
note) directs EPA to use voluntary
consensus standards in its regulatory
activities unless doing so would be
inconsistent with applicable law or
otherwise impractical. Voluntary
consensus standards are technical
standards (such as materials
specifications, test methods, sampling
procedures, and business practices) that
are developed or adopted by voluntary
consensus standards bodies. NTTAA
directs EPA to provide Congress,
through OMB, explanations when the
Agency decides not to use available and
applicable voluntary consensus
standards.
This direct final rule does not involve
technical standards. This direct final
rule merely removes the NOX
component from the snowmobile Phase
3 regulations. Therefore, EPA did not
consider the use of any voluntary
consensus standards.
J. Executive Order 12898: Federal
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations
Executive Order 12898 (59 FR 7629
(Feb. 16, 1994)) establishes federal
executive policy on environmental
justice. Its main provision directs
federal agencies, to the greatest extent
practicable and permitted by law, to
make environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
E:\FR\FM\25JNR1.SGM
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Federal Register / Vol. 73, No. 123 / Wednesday, June 25, 2008 / Rules and Regulations
populations and low-income
populations in the United States.
EPA has determined that this rule will
not have disproportionately high and
adverse human health or environmental
effects on minority or low-income
populations because it does not affect
the level of protection provided to
human health or the environment. This
direct final rule merely removes the
NOX component from the snowmobile
Phase 3 regulations.
K. Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801 et seq., as amended by the
Small Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to Congress and the
Comptroller General of the United
States. We will submit a report
containing this rule and other required
information to the U.S. Senate, the U.S.
House of Representatives, and the
Comptroller General of the United
States before publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2). This direct
final rule is effective on August 25,
2008.
L. Statutory Authority
The statutory authority for this action
comes from section 213 of the Clean Air
Act as amended (42 U.S.C. 7547). This
action is a rulemaking subject to the
provisions of Clean Air Act section
307(d). See 42 U.S.C. 7607(d).
List of Subjects in 40 CFR Part 1051
Environmental protection,
Administrative practice and procedure,
Air pollution control, Confidential
business information, Imports,
Penalties, Reporting and recordkeeping
requirements, Warranties.
Dated: June 19, 2008.
Stephen L. Johnson,
Administrator.
For the reasons set out in the
preamble, title 40, chapter I of the Code
of Federal Regulations is amended as
follows:
I
PART 1051—CONTROL OF EMISSIONS
FROM RECREATIONAL ENGINES AND
VEHICLES
1. The authority citation for part 1051
continues to read as follows:
I
Authority: 42 U.S.C. 7401–7671q.
2. Section 1051.103 is amended by
revising paragraphs (a)(1) including
Table 1 and (a)(2) to read as follows:
I
§ 1051.103 What are the exhaust emission
standards for snowmobiles?
35951
(1) Follow Table 1 of this section for
exhaust emission standards. You may
generate or use emission credits under
the averaging, banking, and trading
(ABT) program for HC and CO
emissions, as described in subpart H of
this part. This requires that you specify
a family emission limit for each
pollutant you include in the ABT
program for each engine family. These
family emission limits serve as the
emission standards for the engine family
with respect to all required testing
instead of the standards specified in this
section. An engine family meets
emission standards even if its family
emission limit is higher than the
standard, as long as you show that the
whole averaging set of applicable engine
families meets the applicable emission
standards using emission credits, and
the vehicles within the family meet the
family emission limit. The phase-in
values specify the percentage of your
U.S.-directed production that must
comply with the emission standards for
those model years. Calculate this
compliance percentage based on a
simple count of your U.S.-directed
production units within each certified
engine family compared with a simple
count of your total U.S.-directed
production units. Table 1 also shows the
maximum value you may specify for a
family emission limit, as follows:
(a) * * *
TABLE 1 OF § 1051.103.—EXHAUST EMISSION STANDARDS FOR SNOWMOBILES (G/KW-HR)
Emission standards
Phase
1
1
2
3
1 See
..............
..............
..............
..............
2006 ................................................
2007–2009 ......................................
2010 and 2011 ................................
2012 and later .................................
50
100
100
100
CO
100
100
75
(1)
HC
275
275
275
(1)
CO
........................
........................
........................
150
........................
........................
........................
400
§ 1051.103(a)(2).
(2) For Phase 3, the HC and CO
standards are defined by a functional
relationship. Choose your corporate
average HC and CO standards for each
year according to the following criteria:
(i) Prior to production, select the HC
standard and CO standard (specified as
g/kW-hr) so that the combined percent
reduction from baseline emission levels
is greater than or equal to 100 percent;
HCSTD
1 − 150
jlentini on PROD1PC65 with RULES
HC
Maximum allowable family
emission limits
(ii) Your corporate average HC
standard may not be higher than 75 g/
kW-hr.
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Jkt 214001
COSTD
× 100 + 1 − 400
× 100 ≥ 100
(iii) Your corporate average CO
standard may not be higher than 275 g/
kW-hr.
(iv) You may use the averaging and
banking provisions of subpart H of this
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Fmt 4700
Sfmt 4700
that is, that the standards comply with
the following equation:
part to show compliance with these HC
and CO standards at the end of the
model year under paragraph (a)(2)(i) of
this section. You must comply with
E:\FR\FM\25JNR1.SGM
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ER25JN08.006
Phase
Phase
Phase
Phase
Phase-in
(percent)
Model year
35952
Federal Register / Vol. 73, No. 123 / Wednesday, June 25, 2008 / Rules and Regulations
these final corporate average emission
standards.
*
*
*
*
*
I 3. Section 1051. 740 is amended by
revising paragraph (b)(4) to read as
follows:
§ 1051.740 Are there special averaging
provisions for snowmobiles?
*
*
*
*
*
(b) * * *
(4) For generating early Phase 3
credits, you may generate credits for HC
or CO separately as described:
(i) To determine if you qualify to
generate credits in accordance with
paragraphs (b)(1) through (3) of this
section, you must meet the credit trigger
level. For HC this value is 75 g/kW-hr.
For CO this value is 200 g/kW-hr.
(ii) HC and CO credits for Phase 3 are
calculated relative to 75 g.kW-hr and
200 g/kW-hr values, respectively.
*
*
*
*
*
[FR Doc. E8–14411 Filed 6–24–08; 8:45 am]
BILLING CODE 6560–50–P
GENERAL SERVICES
ADMINISTRATION
41 CFR Parts 301–11 and 302–17
[FTR Amendment 2008–04; FTR Case 2008–
303; Docket 2008–0002, Sequence 2]
RIN 3090–AI50
Federal Travel Regulation; Relocation
Allowances; Relocation Income Tax
(RIT) Allowance Tax Tables
Office of Governmentwide
Policy, General Services Administration
(GSA).
ACTION: Final rule.
jlentini on PROD1PC65 with RULES
AGENCY:
SUMMARY: The General Services
Administration (GSA) has determined
that it will no longer publish the
Federal, State, and Puerto Rico tax
tables needed for calculating the
relocation income tax (RIT) allowance
in the Federal Register. These tax
tables, for use in calculating the annual
RIT allowance to be paid to relocating
Federal employees, will be treated like
changes to other tables of rates that
implement long-standing policies, such
as the domestic per diems, relocation
mileage, and travel mileage rates, and be
posted in a Federal Travel Regulation
(FTR) bulletin. GSA will continue to
publish policy changes in the Federal
Register as amendments to the Federal
Travel Regulation.
DATES: Effective Date: June 25, 2008.
FOR FURTHER INFORMATION CONTACT: For
clarification of content, contact Mr. Ed
VerDate Aug<31>2005
18:16 Jun 24, 2008
Jkt 214001
Davis, Office of Governmentwide Policy
(M), Office of Travel, Transportation
and Asset Management (MT), General
Services Administration at (202) 208–
7638 or e-mail at ed.davis@gsa.gov. For
information pertaining to status or
publication schedules, contact the
Regulatory Secretariat (VPR), Room
4041, GS Building, Washington, DC
20405, (202) 501–4755. Please cite FTR
Amendment 2008–04; FTR Case 2008–
303.
SUPPLEMENTARY INFORMATION:
B. Summary of the Issues Involved
A. Background
C. Changes to Current FTR
In previous years, the General
Services Administration (GSA), Office
of Governmentwide Policy published
the annual tax tables for Federal, State,
and Puerto Rico used for calculating the
RIT allowance to be paid to relocating
Federal employees, in the Federal
Register. These tax tables have been
located in 41 CFR part 302–17 as
Appendices A through D.
This final rule informs Government
agencies that the Federal, State, and
Puerto Rico tax tables (41 CFR part 302–
17, Appendices A through D) will no
longer appear in the Federal Register or
in 41 CFR part 302–17. From now on,
these tax tables will be published
similar to other tables of rates that
implement long-standing policies, such
as the domestic per diems, relocation
mileage, and travel mileage rates, and
appear as Federal Travel Regulation
(FTR) bulletins. You may find the FTR
bulletins with the annual RIT
allowances at www.gsa.gov/ftrbulletin.
The tax table will also be published at
www.gsa.gov/relo. This final rule
removes Appendices A through D of 41
CFR part 302–17, adds a new section to
that part that will provide a cross
reference to the tax tables, and amends
references to part 302–17 Appendices A
through D in applicable sections of the
FTR.
These tax tables are developed from
several sources of information (e.g., the
IRS, individual state taxing authorities,
and the Commonwealth of Puerto Rico
Department of the Treasury). GSA has
determined that publishing these tax
tables annually in the Federal Register
is a time consuming and costly process
that will no longer be needed when this
same information is posted as FTR
bulletins. As a result of the newly
implemented process, the information
will be available to the agency and
relocating employees in a more timely
manner. As part of GSA mission to serve
its Federal customers as quickly as
permitted, this change in delivering the
RIT Allowance Tables is now
implemented by this final rule.
This final rule removes Appendices A
through D of 41 CFR part 302–17 and
adds a new section 302–17.14 to that
part which will serve as a crossreference to the location of the calendar
2008 RIT Tables and all subsequent
changes to the RIT Allowance Tables in
FTR bulletins. This information will be
able to be accessed at both www.gsa.gov/
ftrbulletin and www.gsa.gov/relo. This
final rule also amends numerous
sections in FTR part 301–11, 302–17.5,
302–17.8, and 302–17.10.
PO 00000
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Fmt 4700
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This final rule is a response to agency
personnel who process relocation
vouchers and must delay the
reimbursements because they are
waiting for the most current RIT
Allowance Tables to be published. By
moving to the FTR bulletin process, this
information will be available for the
calculation of reimbursements much
earlier in the calendar year and will
therefore benefit both agencies and their
relocating employees.
D. Executive Order 12866
This final rule is excepted from the
definition of ‘‘regulation’’ or ‘‘rule’’
under Section 3(d)(3) of Executive Order
12866, Regulatory Planning and Review,
dated September 30, 1993 and,
therefore, was not subject to review
under Section 6(b) of that executive
order.
E. Regulatory Flexibility Act
This final rule is not required to be
published in the Federal Register for
notice and comment; therefore, the
Regulatory Flexibility Act, 5 U.S.C. 601,
et seq., does not apply.
F. Paperwork Reduction Act
The Paperwork Reduction Act does
not apply because the changes to the
FTR do not impose recordkeeping or
information collection requirements, or
the collection of information from
offerors, contractors, or members of the
public that require the approval of the
Office of Management and Budget under
44 U.S.C. 3501, et seq.
G. Small Business Regulatory
Enforcement Fairness Act
This final rule is also exempt from
congressional review prescribed under 5
U.S.C. 801 since it relates solely to
agency management and personnel.
List of Subjects in 41 CFR Parts 301–11
and 302–17
Government Employees, Relocation,
Travel and Transportation Expenses.
E:\FR\FM\25JNR1.SGM
25JNR1
Agencies
[Federal Register Volume 73, Number 123 (Wednesday, June 25, 2008)]
[Rules and Regulations]
[Pages 35946-35952]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-14411]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 1051
[EPA-HQ-OAR-2008-0124; FRL-8684-6]
RIN 2060-A088
Exhaust Emission Standards for 2012 and Later Model Year
Snowmobiles
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: In a November 2002 final rule, we established the first U.S.
emission standards for new snowmobiles. Subsequent litigation regarding
that final rule resulted in a court decision which requires us to:
remove the oxides of nitrogen (NOX) component from the Phase
3 snowmobile standards set to take effect in 2012, and; clarify the
evidence and analysis upon which the Phase 3 carbon monoxide (CO) and
hydrocarbon (HC) standards were based. In this action, we are removing
the NOX component from the Phase 3 emission standard
calculation. We are deferring action on the 2012 CO and HC emission
standards portion of the court's remand to a separate rulemaking
action.
DATES: This rule is effective on August 25, 2008 without further
notice, unless EPA receives adverse comment by July 25, 2008 or a
request for a public hearing by July 15, 2008. If a hearing is
requested by this date, it will be held at a time and place to be
published in the Federal Register. After the hearing, the docket for
this rulemaking will remain open for an additional 30 days to receive
comments. If a hearing is held, EPA will publish a document in the
Federal Register extending the comment period for 30 days after the
hearing. If EPA receives adverse comments or a request for public
hearing, it will publish a timely withdrawal of the direct final rule
in Federal Register and inform the public that the rule will not take
effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
[[Page 35947]]
OAR-2008-0124, by one of the following methods:
https://www.regulations.gov: Follow the on-line
instructions for submitting comments.
E-mail: a-and-r-docket@epa.gov.
Fax: (202) 566-1741.
Mail: Environmental Protection Agency, Mail Code: 6102T,
1200 Pennsylvania Ave., NW., Washington, DC, 20460. Please include two
copies.
Hand Delivery: EPA Docket Center (Air Docket), U.S.
Environmental Protection Agency, EPA West Building, 1301 Constitution
Avenue, NW., Room: 3334 Mail Code: 6102T, Washington, DC. Such
deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2008-0124. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
https://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through https://
www.regulations.gov or e-mail. The www.regulations.gov Web site is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through https://www.regulations.gov your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at https://www.epa.gov/
epahome/dockets.htm.
Docket: 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.
Publicly available docket materials are available either electronically
in https://www.regulations.gov or in hard copy at the EPA Docket Center,
EPA/DC, EPA West, Room 3334, 1301 Constitution Avenue, NW., Washington,
DC. The Public Reading Room is open from 8:30 a.m. 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 Docket is (202) 566-1742.
Public Hearing: To request a public hearing, contact John Mueller
at (734) 214-4275 or mueller.john@epa.gov. If a public hearing is held,
persons wishing to testify must submit copies of their testimony to the
docket and to John Mueller at the address below, no later than 10 days
prior to the hearing.
FOR FURTHER INFORMATION CONTACT: John Mueller, Assessment and Standards
Division, Office of Transportation and Air Quality, 2000 Traverwood
Drive, Ann Arbor, MI 48105; telephone number: (734) 214-4275; fax
number: (734) 214-4050; e-mail address: mueller.john@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Why Is EPA Using a Direct Final Rule?
We are publishing this as a direct final rule because we view this
as a noncontroversial action. We are simply removing the NOX
component from the Phase 3 snowmobile emission standard equation as
required by the court decision. However, in the ``Proposed Rules''
section of today's Federal Register, we are publishing a separate
document that will serve as the proposed rule to consider adoption of
the provisions in this direct final rule if adverse comments or a
request for a public hearing are received on this action. We will not
institute a second comment period on this action. Any parties
interested in commenting must do so at this time. For further
information about commenting on this rule, see the ADDRESSES section of
this document.
If EPA receives adverse comment or a request for a public hearing,
we will publish a timely withdrawal in the Federal Register informing
the public that this direct final rule will not take effect. We would
address all public comments in any subsequent final rule based on the
proposed rule.
II. Does This Action Apply to Me?
This action will affect companies that manufacture, sell, or import
into the United States new snowmobiles and new spark-ignition engines
for use in snowmobiles. This action may also affect companies and
persons that rebuild or maintain these engines. Affected categories and
entities include the following:
------------------------------------------------------------------------
Examples of potentially
Category NAICS code \a\ affected entities
------------------------------------------------------------------------
Industry....................... 333618 Manufacturers of new
nonroad spark-ignition
engines.
Industry....................... 336999 Snowmobile
manufacturers.
Industry....................... 811310 Engine repair and
maintenance.
Industry....................... 421110 Independent commercial
importers of vehicles
and parts.
------------------------------------------------------------------------
\a\ North American Industry Classification System (NAICS).
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. To determine whether particular activities may be affected by
this action, you should carefully examine the regulations. You may
direct questions regarding the applicability of this action as noted in
FOR FURTHER INFORMATION CONTACT.
III. What Should I Consider as I Prepare My Comments for EPA?
A. Submitting CBI. Do not submit Confidential Business Information
(CBI) to EPA through https://www.regulations.gov or e-mail. Clearly mark
the part or all of the information that you claim to be CBI. For CBI
information in a disk or CD ROM that you mail to EPA, mark the outside
of the disk or CD ROM as CBI and then identify electronically within
the disk or CD ROM the specific information that is claimed as CBI. In
addition to one complete version of the comment that
[[Page 35948]]
includes information claimed as CBI, a copy of the comment that does
not contain the information claimed as CBI must be submitted for
inclusion in the public docket. Information so marked will not be
disclosed except in accordance with procedures set forth in 40 CFR Part
2.
B. Tips for Preparing Your Comments. When submitting comments,
remember to:
Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
Follow directions--The agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
Explain why you agree or disagree; suggest alternatives
and substitute language for your requested changes.
Describe any assumptions and provide any technical
information and/or data that you used.
If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
Provide specific examples to illustrate your concerns, and
suggest alternatives.
Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
Make sure to submit your comments by the comment period
deadline identified.
IV. Summary of Rule
In November 2002, we adopted emission standards for new
snowmobiles.\1\ The program contained three phases of standards. The
Phase 1 standards, effective with the 2006 model year, and the Phase 2
standards, effective with the 2010 model year, contained limits for CO
and HC emissions. The Phase 3 standards, effective with the 2012 model
year, also contained a NOX component in addition to CO and
HC components, effectively creating separate HC+NOX and CO
emission standards for 2012 and later model years. Each set of these
standards permits emissions averaging among a manufacturer's engine
families.
---------------------------------------------------------------------------
\1\ ``Control of Emissions from Nonroad Large Spark-Ignition
Engines; and Recreational Engines (Marine and Land-Based); Final
Rule,'' 67 FR 68242, November 8, 2002.
---------------------------------------------------------------------------
The form of the Phase 3 standards also differed from the Phase 1
and 2 standards. While the Phase 1 and 2 standards simply contained
numerical limits for CO and HC, the Phase 3 standards were in the form
of an equation, as follows:
[GRAPHIC] [TIFF OMITTED] TR25JN08.004
The two main advanced technologies we anticipated being used to
meet the Phase 3 standards (direct or semi-direct injection 2-stroke
engines, and 4-stroke engines) tend to have rather different emissions
profiles, and the equation was designed to allow manufacturers to use
varying mixes of these technologies as the market would allow, while
still achieving substantial emission reductions. The Phase 3 standard
equation in essence requires nominal 50 percent reductions in CO and HC
compared to uncontrolled levels, which are 150 g/kW-hr for HC and 400
g/kW-hr for CO. However, the equation is structured such that mixes of
CO and HC reductions can be used. In conjunction with a straight HC
limit of 75 g/kW-hr (ensuring at least 50 reduction in HC) and a
corporate average CO standard that could not exceed 275 g/kW-hr
(ensuring at least approximately 30 reduction in CO), the equation
allows up to 70 percent reductions of HC and 30 percent reductions of
CO, as long as the percentage reduction of both pollutants combined is
at least 100 percent. As previously mentioned, the Phase 3 equation
also contained a NOX component. We did not want the
anticipated increased use of 4-stroke engines (which tend to have
higher NOX emissions as compared to 2-stroke engines) to
result in fleet average increases in snowmobile NOX
emissions. Thus, we included in the Phase 3 equation a NOX
term that was intended to cap NOX emissions, and a ``-15''
term that was intended to account for NOX emissions from
existing 4-stroke engines. See 67 FR 68272-68275.
Following the promulgation of the November 2002 final rule,
Bluewater Network, Environmental Defense and the International
Snowmobile Manufacturers Association petitioned for review of the rule
in the Court of Appeals for the District of Columbia. The court upheld
much of the rule and rationale, but made two determinations requiring
further action by EPA. See Bluewater Network v. EPA, 370 F. 3d 1
(D.C.Cir 2004) First, the court vacated the NOX portion of
the Phase 3 standards, stating that EPA did not have authority to adopt
NOX standards for snowmobiles under the section 214(a)(4) of
the Clean Air Act. Second, the court remanded the CO and HC portions of
the Phase 3 standards for us to clarify the evidence and analysis upon
which the standards are based. Today's action pertains to the first
portion of the court's ruling. In contrast to today's action,
addressing the remand of the 2012 CO and HC emission standards will
require more deliberate study. Thus, we will be addressing those
standards in a separate rulemaking action; we are not addressing them
here. Our intention is to release a Notice of Proposed Rulemaking in
the 2009 timeframe, with a Final Rule in the 2010 timeframe.
Today's action consists of modifications to the Phase 3 emission
standard equation shown above. In that equation (40 CFR 1051.103), we
are removing both the component requiring addition of NOX
emissions to HC emissions (the HC component remains) and the component
reducing that sum by 15, to read as follows:
[GRAPHIC] [TIFF OMITTED] TR25JN08.005
[[Page 35949]]
We note that by removing both the ``NOX'' and the ``-
15'' terms we are effectively maintaining the stringency of the HC and
CO limits relative to baseline levels (nominal 50 percent reductions of
HC and CO, or up to 70 percent reductions of HC and 30 percent
reductions of CO) as they were originally promulgated.
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
This action is not a ``significant regulatory action'' under the
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is
therefore not subject to review under the Executive Order. This direct
final rule merely removes the NOX component from the
snowmobile Phase 3 emission standards equation, as directed by the
court's ruling. There are no new costs associated with this rule.
B. Paperwork Reduction Act
This action does not impose any new information collection burden.
This direct final rule merely revises the snowmobile Phase 3 emissions
equation by removing the NOX component. However, the Office
of Management and Budget (OMB) has previously approved the information
collection requirements contained in the existing regulations [40 CFR
part 1051] under the provisions of the Paperwork Reduction Act, 44
U.S.C. 3501 et seq. and has assigned OMB control number 2060-0338, EPA
ICR number 1695. A copy of the OMB approved Information Collection
Request (ICR) may be obtained from Susan Auby, Collection Strategies
Division; U.S. Environmental Protection Agency (2822T); 1200
Pennsylvania Ave., NW., Washington, DC 20460 or by calling (202) 566-
1672.
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
An agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedure Act or any other statute unless the agency certifies that the
rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small organizations, and small governmental jurisdictions.
For purposes of assessing the impacts of this final rule on small
entities, a small entity is defined as: (1) A small business that meets
the definition for business based on SBA size standards at 13 CFR
121.201; (2) a small governmental jurisdiction that is a government of
a city, county, town, school district or special district with a
population of less than 50,000; and (3) a small organization that is
any not-for-profit enterprise which is independently owned and operated
and is not dominant in its field.
After considering the economic impacts of today's final rule on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. In
determining whether a rule has a significant economic impact on a
substantial number of small entities, the impact of concern is any
significant adverse economic impact on small entities, since the
primary purpose of the regulatory flexibility analyses is to identify
and address regulatory alternatives ``which minimize any significant
economic impact of the rule on small entities.'' 5 U.S.C. 603 and 604.
Thus, an agency may certify that a rule will not have a significant
economic impact on a substantial number of small entities if the rule
relieves regulatory burden, or otherwise has a positive economic effect
on all of the small entities subject to the rule.
This direct final rule merely removes the NOX component
from the snowmobile Phase 3 regulations. We have therefore concluded
that today's final rule will not affect regulatory burden for all
affected small entities.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for federal agencies to assess the
effects of their regulatory actions on state, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``federal mandates'' that
may result in expenditures to state, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
one year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and to
adopt the least costly, most cost-effective, or least burdensome
alternative that achieves the objectives of the rule. The provisions of
section 205 do not apply when they are inconsistent with applicable
law. Moreover, section 205 allows EPA to adopt an alternative other
than the least costly, most cost-effective, or least burdensome
alternative if the Administrator publishes with the final rule an
explanation of why such an alternative was adopted.
Before EPA establishes any regulatory requirements that may
significantly or uniquely affect small governments, including tribal
governments, it must have developed under section 203 of the UMRA a
small government agency plan. The plan must provide for notifying
potentially affected small governments, enabling officials of affected
small governments to have meaningful and timely input in the
development of EPA regulatory proposals with significant federal
intergovernmental mandates, and informing, educating, and advising
small governments on compliance with the regulatory requirements.
This rule contains no federal mandates for state, local, or tribal
governments, or the private sector as defined by the provisions of
Title II of the UMRA. The rule imposes no enforceable duties on any of
these governmental entities. This rule contains no regulatory
requirements that would significantly or uniquely affect small
governments. EPA has determined that this rule contains no federal
mandates that may result in expenditures of more than $100 million to
the private sector in any single year. This direct final rule merely
removes the NOX component from the snowmobile Phase 3
regulations. This rule is not subject to the requirements of sections
202 and 205 of UMRA.
E. Executive Order 13132: Federalism
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10,
[[Page 35950]]
1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' are defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
Under section 6 of Executive Order 13132, EPA may not issue a
regulation that has federalism implications, that imposes substantial
direct compliance costs, and that is not required by statute, unless
the Federal government provides the funds necessary to pay the direct
compliance costs incurred by State and local governments, or EPA
consults with State and local officials early in the process of
developing the regulation. EPA also may not issue a regulation that has
federalism implications and that preempts State law, unless the agency
consults with State and local officials early in the process of
developing the regulation.
Section 4 of the Executive Order contains additional requirements
for rules that preempt State or local law, even if those rules do not
have federalism implications (i.e., the rules will not have substantial
direct effects on the States, on the relationship between the national
government and the states, or on the distribution of power and
responsibilities among the various levels of government). Those
requirements include providing all affected State and local officials
notice and an opportunity for appropriate participation in the
development of the regulation. If the preemption is not based on
express or implied statutory authority, EPA also must consult, to the
extent practicable, with appropriate State and local officials
regarding the conflict between State law and Federally protected
interests within the agency's area of regulatory responsibility.
This rule does not have federalism implications. It will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132. This direct final rule merely
removes the NOX component from the snowmobile Phase 3
regulations. Thus, Executive Order 13132 does not apply to this rule.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (59 FR 22951, November 6, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' ``Policies that have tribal
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects on one or more Indian tribes, on
the relationship between the Federal government and the Indian tribes,
or on the distribution of power and responsibilities between the
Federal government and Indian tribes.''
This rule does not have tribal implications. It will not have
substantial direct effects on tribal governments, on the relationship
between the Federal government and Indian tribes, or on the
distribution of power and responsibilities between the Federal
government and Indian tribes, as specified in Executive Order 13175.
This rule does not uniquely affect the communities of Indian Tribal
Governments. Further, no circumstances specific to such communities
exist that would cause an impact on these communities beyond those
discussed in the other sections of this rule. This direct final rule
merely removes the NOX component from the snowmobile Phase 3
regulations. Thus, Executive Order 13175 does not apply to this rule.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
Executive Order 13045, ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997) applies
to any rule that (1) is determined to be ``economically significant''
as defined under Executive Order 12866, and (2) concerns an
environmental health or safety risk that EPA has reason to believe may
have a disproportionate effect on children. If the regulatory action
meets both criteria, section 5-501 of the Order directs the Agency to
evaluate the environmental health or safety effects of the planned rule
on children, and explain why the planned regulation is preferable to
other potentially effective and reasonably feasible alternatives
considered by the Agency.
This rule is not subject to the Executive Order because it is not
economically significant as defined in Executive Order 12866, and
because the Agency does not have reason to believe the environmental
health or safety risks addressed by this action present a
disproportionate risk to children. This direct final rule merely
removes the NOX component from the snowmobile Phase 3
regulations.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This rule is not a ``significant energy action'' as defined in
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001) because it is not likely to have a significant
adverse effect on the supply, distribution or use of energy. This
direct final rule merely removes the NOX component from the
snowmobile Phase 3 regulations.
I. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, section 12(d) (15 U.S.C.
272 note) directs EPA to use voluntary consensus standards in its
regulatory activities unless doing so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (such as materials specifications, test
methods, sampling procedures, and business practices) that are
developed or adopted by voluntary consensus standards bodies. NTTAA
directs EPA to provide Congress, through OMB, explanations when the
Agency decides not to use available and applicable voluntary consensus
standards.
This direct final rule does not involve technical standards. This
direct final rule merely removes the NOX component from the
snowmobile Phase 3 regulations. Therefore, EPA did not consider the use
of any voluntary consensus standards.
J. Executive Order 12898: Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order 12898 (59 FR 7629 (Feb. 16, 1994)) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority
[[Page 35951]]
populations and low-income populations in the United States.
EPA has determined that this rule will not have disproportionately
high and adverse human health or environmental effects on minority or
low-income populations because it does not affect the level of
protection provided to human health or the environment. This direct
final rule merely removes the NOX component from the
snowmobile Phase 3 regulations.
K. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as amended by
the Small Business Regulatory Enforcement Fairness Act of 1996,
generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to Congress and the Comptroller General of the United
States. We will submit a report containing this rule and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States before publication of the
rule in the Federal Register. A major rule cannot take effect until 60
days after it is published in the Federal Register. This action is not
a ``major rule'' as defined by 5 U.S.C. 804(2). This direct final rule
is effective on August 25, 2008.
L. Statutory Authority
The statutory authority for this action comes from section 213 of
the Clean Air Act as amended (42 U.S.C. 7547). This action is a
rulemaking subject to the provisions of Clean Air Act section 307(d).
See 42 U.S.C. 7607(d).
List of Subjects in 40 CFR Part 1051
Environmental protection, Administrative practice and procedure,
Air pollution control, Confidential business information, Imports,
Penalties, Reporting and recordkeeping requirements, Warranties.
Dated: June 19, 2008.
Stephen L. Johnson,
Administrator.
0
For the reasons set out in the preamble, title 40, chapter I of the
Code of Federal Regulations is amended as follows:
PART 1051--CONTROL OF EMISSIONS FROM RECREATIONAL ENGINES AND
VEHICLES
0
1. The authority citation for part 1051 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
0
2. Section 1051.103 is amended by revising paragraphs (a)(1) including
Table 1 and (a)(2) to read as follows:
Sec. 1051.103 What are the exhaust emission standards for
snowmobiles?
(a) * * *
(1) Follow Table 1 of this section for exhaust emission standards.
You may generate or use emission credits under the averaging, banking,
and trading (ABT) program for HC and CO emissions, as described in
subpart H of this part. This requires that you specify a family
emission limit for each pollutant you include in the ABT program for
each engine family. These family emission limits serve as the emission
standards for the engine family with respect to all required testing
instead of the standards specified in this section. An engine family
meets emission standards even if its family emission limit is higher
than the standard, as long as you show that the whole averaging set of
applicable engine families meets the applicable emission standards
using emission credits, and the vehicles within the family meet the
family emission limit. The phase-in values specify the percentage of
your U.S.-directed production that must comply with the emission
standards for those model years. Calculate this compliance percentage
based on a simple count of your U.S.-directed production units within
each certified engine family compared with a simple count of your total
U.S.-directed production units. Table 1 also shows the maximum value
you may specify for a family emission limit, as follows:
Table 1 of Sec. 1051.103.--Exhaust Emission Standards for Snowmobiles (g/kW-hr)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Emission standards Maximum allowable family
Phase-in ---------------------------------- emission limits
Phase Model year (percent) -------------------------------
HC CO HC CO
--------------------------------------------------------------------------------------------------------------------------------------------------------
Phase 1............................... 2006.......................... 50 100 275 .............. ..............
Phase 1............................... 2007-2009..................... 100 100 275 .............. ..............
Phase 2............................... 2010 and 2011................. 100 75 275 .............. ..............
Phase 3............................... 2012 and later................ 100 (\1\) (\1\) 150 400
--------------------------------------------------------------------------------------------------------------------------------------------------------
1 See Sec. 1051.103(a)(2).
(2) For Phase 3, the HC and CO standards are defined by a
functional relationship. Choose your corporate average HC and CO
standards for each year according to the following criteria:
(i) Prior to production, select the HC standard and CO standard
(specified as g/kW-hr) so that the combined percent reduction from
baseline emission levels is greater than or equal to 100 percent; that
is, that the standards comply with the following equation:
[GRAPHIC] [TIFF OMITTED] TR25JN08.006
(ii) Your corporate average HC standard may not be higher than 75
g/kW-hr.
(iii) Your corporate average CO standard may not be higher than 275
g/kW-hr.
(iv) You may use the averaging and banking provisions of subpart H
of this part to show compliance with these HC and CO standards at the
end of the model year under paragraph (a)(2)(i) of this section. You
must comply with
[[Page 35952]]
these final corporate average emission standards.
* * * * *
0
3. Section 1051. 740 is amended by revising paragraph (b)(4) to read as
follows:
Sec. 1051.740 Are there special averaging provisions for snowmobiles?
* * * * *
(b) * * *
(4) For generating early Phase 3 credits, you may generate credits
for HC or CO separately as described:
(i) To determine if you qualify to generate credits in accordance
with paragraphs (b)(1) through (3) of this section, you must meet the
credit trigger level. For HC this value is 75 g/kW-hr. For CO this
value is 200 g/kW-hr.
(ii) HC and CO credits for Phase 3 are calculated relative to 75
g.kW-hr and 200 g/kW-hr values, respectively.
* * * * *
[FR Doc. E8-14411 Filed 6-24-08; 8:45 am]
BILLING CODE 6560-50-P