Exhaust Emission Standards for 2012 and Later Model Year Snowmobiles, 35946-35952 [E8-14411]

Download as PDF 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. jlentini on PROD1PC65 with RULES 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. VerDate Aug<31>2005 18:16 Jun 24, 2008 Jkt 214001 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 PO 00000 Frm 00064 Fmt 4700 Sfmt 4700 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– E:\FR\FM\25JNR1.SGM 25JNR1 Federal Register / Vol. 73, No. 123 / Wednesday, June 25, 2008 / Rules and Regulations 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 jlentini on PROD1PC65 with RULES 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 .......................... .......................... .......................... .......................... 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 VerDate Aug<31>2005 18:16 Jun 24, 2008 Jkt 214001 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 PO 00000 Frm 00065 Fmt 4700 Sfmt 4700 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 E:\FR\FM\25JNR1.SGM 25JNR1 Federal Register / Vol. 73, No. 123 / Wednesday, June 25, 2008 / Rules and Regulations • 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 jlentini on PROD1PC65 with RULES 1 ‘‘Control of Emissions from Nonroad Large Spark-Ignition Engines; and Recreational Engines VerDate Aug<31>2005 18:16 Jun 24, 2008 Jkt 214001   × 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</GPH> 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. PO 00000 Frm 00066 Fmt 4700 Sfmt 4725 E:\FR\FM\25JNR1.SGM 25JNR1 ER25JN08.004</GPH> 35948 Federal Register / Vol. 73, No. 123 / Wednesday, June 25, 2008 / Rules and Regulations 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. jlentini on PROD1PC65 with RULES 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. VerDate Aug<31>2005 18:16 Jun 24, 2008 Jkt 214001 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. 35949 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, PO 00000 Frm 00067 Fmt 4700 Sfmt 4700 E:\FR\FM\25JNR1.SGM 25JNR1 jlentini on PROD1PC65 with RULES 35950 Federal Register / Vol. 73, No. 123 / Wednesday, June 25, 2008 / Rules and Regulations 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. VerDate Aug<31>2005 18:16 Jun 24, 2008 Jkt 214001 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 PO 00000 Frm 00068 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 25JNR1 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. VerDate Aug<31>2005 18:16 Jun 24, 2008 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 PO 00000 Frm 00069 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 25JNR1 ER25JN08.006</GPH> 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 Frm 00070 Fmt 4700 Sfmt 4700 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