California State Motor Vehicle Pollution Control Standards; Notice of Waiver of Clean Air Act Preemption; California's 2010 Model Year Heavy-Duty Vehicle and Engine On-Board Diagnostic Standards, 52042-52043 [E8-20732]

Download as PDF 52042 Federal Register / Vol. 73, No. 174 / Monday, September 8, 2008 / Notices Electronic Access. You may access this Federal Register document electronically through the EPA Internet under the ‘‘Federal Register’’ listings at https://www.epa.gov/fedrgstr/. Dated: August 12, 2008. Molly A. O’Neill, Assistant Administrator and Chief Information Officer. [FR Doc. E8–20733 Filed 9–5–08; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [FRL–8708–1] California State Motor Vehicle Pollution Control Standards; Notice of Waiver of Clean Air Act Preemption; California’s 2010 Model Year HeavyDuty Vehicle and Engine On-Board Diagnostic Standards Environmental Protection Agency (EPA). ACTION: Notice regarding waiver of clean air act preemption. mstockstill on PROD1PC66 with NOTICES AGENCY: SUMMARY: By this decision, issued under section 209(b) of the Clean Air Act, as amended, (Act), 42 U.S.C. 7543(b), the Environmental Protection Agency (EPA) is granting California its request for a waiver Clean Air Act preemption for its 2010 and later model year heavy-duty vehicle and engine on-board diagnostic (OBD) requirements. ADDRESSES: The Agency’s Decision Document, containing an explanation of the Deputy Assistant Administrator’s decision, as well as all documents relied upon in making that decision, including those submitted to EPA by CARB, are available at EPA’s Air and Radiation Docket and Information Center (Air Docket). Materials relevant to this decision are contained in Docket No. EPA–HQ–OAR–2006–0844. The docket is located at the Air Docket, EPA West, Room 3334, 1301 Constitution Avenue, NW., Washington, DC 20460, and may be viewed between 8 a.m. and 5:30 p.m., Monday through Friday. The telephone is (202) 566–1742. A reasonable fee may be charged by EPA for copying docket material. Additionally, an electronic version of the public docket is available through the Federal government’s electronic public docket and comment system. You may access EPA dockets at https:// www.regulations.gov. After opening the https://www.regulations.gov Web site, select ‘‘Environmental Protection Agency’’ from the pull-down Agency list, then scroll to ‘‘Keyword or ID’’ and enter EPA–HQ–OAR–2006–0844 to VerDate Aug<31>2005 18:07 Sep 05, 2008 Jkt 214001 I have decided to grant California a waiver of Clean Air Act preemption pursuant to section 209(b) of the Act for its 2010 and later model year heavy-duty vehicle and engine OBD requirements.1 Section 209(b) of the Act provides that, if certain criteria are met, the Administrator shall waive preemption for California to enforce new motor vehicle emission standards and accompanying enforcement procedures. The criteria include consideration of whether California arbitrarily and capriciously determined that its standards are, in the aggregate, at least as protective of public health and welfare as the applicable Federal standards; whether California needs State standards to meet compelling and extraordinary conditions; and whether California’s standards are consistent with section 202(a) of the Act. As further explained in the Decision Document supporting today’s decision, although EPA did receive comment on California’s request, the Agency finds there is an insufficient basis to deny California its waiver request based on the criteria set forth in section 209(b) of the Act. In its request letter to EPA, the California Air Resources Board (CARB) stated that the OBD requirements will not cause the California standards, in the aggregate, to be less protective of public health and welfare than the applicable Federal standards. EPA received no information during this proceeding that questioned whether CARB’s OBD requirements are less protective than applicable Federal standards. I cannot find that CARB’s OBD regulations would cause the California motor vehicle emission standards, in the aggregate, to be less protective of public health and welfare than applicable Federal standards. CARB has repeatedly demonstrated, with respect to traditional pollution concerns, (i.e. not including global climate change), the existence of compelling and extraordinary conditions in California.2 EPA has not received any adverse comments to suggest that California no longer suffers from serious and unique air pollution problems. Because EPA has not received adverse public comment, or any other relevant information, challenging the need for CARB’s own motor vehicle pollution control program based on lack of compelling and extraordinary conditions for the purposes of this waiver request, I cannotdeny the waiver based on a lack of compelling and extraordinary conditions. CARB stated in its request letters that the amendments do not raise any concerns of inadequate leadtime or impose any inconsistent certification requirements. EPA received comment suggesting that EPA not necessarily deny the ultimate granting of CARB’s waiver request, but rather that EPA defer making a decision in order to ‘‘maximize the opportunities for full alignment and harmonization between the EPA and ARB OBD programs for HDOH engines, and to reduce the prospects that other states will elect to opt into the ARB OBD program, which, from an emissions inventory perspective, will not be materially different from the EPA OBD program.’’ EPA notes that its notice of proposed rulemaking for heavy-duty vehicle and engine OBD was published on January 24, 2007 but a final rule has not been completed.3 Although EPA remains sensitive to the issues raised by the commenter, such comments do not include data or other basis by which to 1 The CARB Board approved the OBD standards by Resolution 05–38 on July 21, 2005 and the California Office of Administrative Law approved the regulations on February 15, 2006. 2 EPA recently denied California its request for a waiver for its new motor vehicle greenhouse gas standards. See 73 FR 12156 (March 6, 2008). 3 72 FR 3200 (January 24, 2007). view documents in the record of this California request. Although a part of the official docket, the public docket does not include Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Electronic copies of this Notice and the accompanying Decision Document are available via the Internet on the Office of Transportation and Air Quality (OTAQ) Web site and looking at the path entitled https://www.epa.gov/ OTAQ. Users can find these documents by accessing the OTAQ web and looking at the path entitled Federal Register Notices. The electronic Federal Register version of the Notice is made available on the day of publication on the primary Web site https://epa.gov/docs/fedrgstr/ EPA-AIR. Please note that due to the differences between the software used to develop the documents and the software into the documents may be downloaded, changes in format, page length, etc., may occur. FOR FURTHER INFORMATION CONTACT: David Dickinson, Compliance and Innovative Strategies Division, U.S. Environmental Protection Agency, Ariel Rios Building (6405J), 1200 Pennsylvania Avenue, NW., Washington, DC 20460. Telephone: (202) 343–9256. E-Mail Address: Dickinson.David@EPA.GOV SUPPLEMENTARY INFORMATION: PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 E:\FR\FM\08SEN1.SGM 08SEN1 Federal Register / Vol. 73, No. 174 / Monday, September 8, 2008 / Notices demonstrate the feasibility of CARB’s OBD requirements. I cannot find that CARB’s OBD regulations, as noted, would cause the California motor vehicle emission standards to be inconsistent with section 202(a). A full explanation of EPA’s decision, including our review of comments received, is contained in a Decision Document which may be obtained as explained above. My decision will affect not only persons in California but also the manufacturers outside the State who must comply with California’s requirements in order to produce heavyduty vehicles and engines for sale in California. For this reason, I hereby determine and find that this is a final action of national applicability. As with past waiver decisions, this action is not a rule as defined by Executive Order 12866. Therefore, it is exempt from review by the Office of Management and Budget as required for rules and regulations by Executive Order 12866. In addition, this action is not a rule as defined in the Regulatory Flexibility Act, 5 U.S.C. 601(2). Therefore, EPA has not prepared a supporting regulatory flexibility analysis addressing the impact of this action on small business entities. Finally, the Administrator has delegated the authority to make determinations regarding waivers under section 209(b) of the Act to the Assistant Administrator for Air and Radiation. Dated: August 13, 2008. Robert J. Meyers, Principal Deputy Assistant Administrator, Office of Air and Radiation. [FR Doc. E8–20732 Filed 9–5–08; 8:45 am] BILLING CODE 6560–50–P FEDERAL COMMUNICATIONS COMMISSION Notice of Public Information Collection(s) Being Reviewed by the Federal Communications Commission for Extension Under Delegated Authority, Comments Requested mstockstill on PROD1PC66 with NOTICES August 27, 2008. SUMMARY: As part of its continuing effort to reduce paperwork burden and as required by the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501– 3520), the Federal Communications Commission invites the general public and other Federal agencies to comment on the following information collection(s). Comments are requested concerning (a) whether the proposed collection of information is necessary VerDate Aug<31>2005 17:59 Sep 05, 2008 Jkt 214001 for the proper performance of the functions of the Commission, including whether the information shall have practical utility; (b) the accuracy of the Commission’s burden estimate; (c) ways to enhance the quality, utility, and clarity of the information collected; and (d) ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology. An agency may not conduct or sponsor a collection of information unless it displays a currently valid OMB control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act that does not display a valid OMB control number. DATES: Written PRA comments should be submitted on or before November 7, 2008. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the contact listed below as soon as possible. ADDRESSES: You may submit all PRA comments by e-mail or U.S. post mail. To submit your comments by e-mail, send them to PRA@fcc.gov. To submit your comments by U.S. mail, mark them to the attention of Cathy Williams, Federal Communications Commission, Room 1–C823, 445 12th Street, SW., Washington, DC 20554. FOR FURTHER INFORMATION CONTACT: For additional information about the information collection(s), contact Cathy Williams at (202) 418–2918 or send an e-mail to PRA@fcc.gov. SUPPLEMENTARY INFORMATION: OMB Control Number: 3060–0474. Title: Section 74.1263, Time of Operation. Form Number: Not applicable. Type of Review: Extension of a currently approved collection. Respondents: Business and other for profit entities; not-for-profit institutions. Number of Respondents/Responses: 75. Estimated Time per Response: 0.5 hours. Frequency of Response: On occasion reporting requirement. Total Annual Burden: 38 hours. Total Annual Costs: None. Nature of Response: Required to obtain or retain benefits. The statutory authority for this collection of information is contained in 154(i), 303 and 308 of the Communications Act of 1934, as amended. Confidentiality: No need for confidentiality required for this collection of information. PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 52043 Privacy Impact Assessment(s): No impact(s). Needs and Uses: 47 CFR 74.1263(c) requires licensees of FM translator or booster stations to notify the Commission of its intent to discontinue operations for 30 or more consecutive days. In addition, licensees must notify the Commission within 48 hours of the station’s return to operation. 47 CFR 74.1263(d) requires FM translator or booster station licensees to notify the Commission of its intent to permanently discontinue operations and to forward the station license to the FCC for cancellation. FCC staff uses this data to keep records up-to-date. These notifications inform FCC staff that frequencies are not being used for a specified amount of time and that frequencies have become available for other users. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. E8–20737 Filed 9–5–08; 8:45 am] BILLING CODE 6712–01–P FEDERAL COMMUNICATIONS COMMISSION Public Information Collection Requirement Submitted to OMB for Review and Approval, Comments Requested August 26, 2008. SUMMARY: The Federal Communications Commission, as part of its continuing effort to reduce paperwork burden, invites the general public and other Federal agencies to take this opportunity to comment on the following information collection, as required by the Paperwork Reduction Act of 1995, Public Law 104–13. An agency may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act (PRA) that does not display a valid control number. Comments are requested concerning (a) whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; (b) the accuracy of the Commission’s burden estimate; (c) ways to enhance the quality, utility, and clarity of the information collected; and (d) ways to minimize the burden of the collection of information on the respondents, including the use of automated E:\FR\FM\08SEN1.SGM 08SEN1

Agencies

[Federal Register Volume 73, Number 174 (Monday, September 8, 2008)]
[Notices]
[Pages 52042-52043]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-20732]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8708-1]


California State Motor Vehicle Pollution Control Standards; 
Notice of Waiver of Clean Air Act Preemption; California's 2010 Model 
Year Heavy-Duty Vehicle and Engine On-Board Diagnostic Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice regarding waiver of clean air act preemption.

-----------------------------------------------------------------------

SUMMARY: By this decision, issued under section 209(b) of the Clean Air 
Act, as amended, (Act), 42 U.S.C. 7543(b), the Environmental Protection 
Agency (EPA) is granting California its request for a waiver Clean Air 
Act preemption for its 2010 and later model year heavy-duty vehicle and 
engine on-board diagnostic (OBD) requirements.

ADDRESSES: The Agency's Decision Document, containing an explanation of 
the Deputy Assistant Administrator's decision, as well as all documents 
relied upon in making that decision, including those submitted to EPA 
by CARB, are available at EPA's Air and Radiation Docket and 
Information Center (Air Docket). Materials relevant to this decision 
are contained in Docket No. EPA-HQ-OAR-2006-0844. The docket is located 
at the Air Docket, EPA West, Room 3334, 1301 Constitution Avenue, NW., 
Washington, DC 20460, and may be viewed between 8 a.m. and 5:30 p.m., 
Monday through Friday. The telephone is (202) 566-1742. A reasonable 
fee may be charged by EPA for copying docket material.
    Additionally, an electronic version of the public docket is 
available through the Federal government's electronic public docket and 
comment system. You may access EPA dockets at https://
www.regulations.gov. After opening the https://www.regulations.gov Web 
site, select ``Environmental Protection Agency'' from the pull-down 
Agency list, then scroll to ``Keyword or ID'' and enter EPA-HQ-OAR-
2006-0844 to view documents in the record of this California request. 
Although a part of the official docket, the public docket does not 
include Confidential Business Information (CBI) or other information 
whose disclosure is restricted by statute.
    Electronic copies of this Notice and the accompanying Decision 
Document are available via the Internet on the Office of Transportation 
and Air Quality (OTAQ) Web site and looking at the path entitled http:/
/www.epa.gov/OTAQ. Users can find these documents by accessing the OTAQ 
web and looking at the path entitled Federal Register Notices. The 
electronic Federal Register version of the Notice is made available on 
the day of publication on the primary Web site https://epa.gov/docs/
fedrgstr/EPA-AIR. Please note that due to the differences between the 
software used to develop the documents and the software into the 
documents may be downloaded, changes in format, page length, etc., may 
occur.

FOR FURTHER INFORMATION CONTACT: David Dickinson, Compliance and 
Innovative Strategies Division, U.S. Environmental Protection Agency, 
Ariel Rios Building (6405J), 1200 Pennsylvania Avenue, NW., Washington, 
DC 20460. Telephone: (202) 343-9256. E-Mail Address: 
Dickinson.David@EPA.GOV

SUPPLEMENTARY INFORMATION: I have decided to grant California a waiver 
of Clean Air Act preemption pursuant to section 209(b) of the Act for 
its 2010 and later model year heavy-duty vehicle and engine OBD 
requirements.\1\
---------------------------------------------------------------------------

    \1\ The CARB Board approved the OBD standards by Resolution 05-
38 on July 21, 2005 and the California Office of Administrative Law 
approved the regulations on February 15, 2006.
---------------------------------------------------------------------------

    Section 209(b) of the Act provides that, if certain criteria are 
met, the Administrator shall waive preemption for California to enforce 
new motor vehicle emission standards and accompanying enforcement 
procedures. The criteria include consideration of whether California 
arbitrarily and capriciously determined that its standards are, in the 
aggregate, at least as protective of public health and welfare as the 
applicable Federal standards; whether California needs State standards 
to meet compelling and extraordinary conditions; and whether 
California's standards are consistent with section 202(a) of the Act.
    As further explained in the Decision Document supporting today's 
decision, although EPA did receive comment on California's request, the 
Agency finds there is an insufficient basis to deny California its 
waiver request based on the criteria set forth in section 209(b) of the 
Act.
    In its request letter to EPA, the California Air Resources Board 
(CARB) stated that the OBD requirements will not cause the California 
standards, in the aggregate, to be less protective of public health and 
welfare than the applicable Federal standards. EPA received no 
information during this proceeding that questioned whether CARB's OBD 
requirements are less protective than applicable Federal standards. I 
cannot find that CARB's OBD regulations would cause the California 
motor vehicle emission standards, in the aggregate, to be less 
protective of public health and welfare than applicable Federal 
standards.
    CARB has repeatedly demonstrated, with respect to traditional 
pollution concerns, (i.e. not including global climate change), the 
existence of compelling and extraordinary conditions in California.\2\ 
EPA has not received any adverse comments to suggest that California no 
longer suffers from serious and unique air pollution problems. Because 
EPA has not received adverse public comment, or any other relevant 
information, challenging the need for CARB's own motor vehicle 
pollution control program based on lack of compelling and extraordinary 
conditions for the purposes of this waiver request, I cannotdeny the 
waiver based on a lack of compelling and extraordinary conditions.
---------------------------------------------------------------------------

    \2\ EPA recently denied California its request for a waiver for 
its new motor vehicle greenhouse gas standards. See 73 FR 12156 
(March 6, 2008).
---------------------------------------------------------------------------

    CARB stated in its request letters that the amendments do not raise 
any concerns of inadequate leadtime or impose any inconsistent 
certification requirements. EPA received comment suggesting that EPA 
not necessarily deny the ultimate granting of CARB's waiver request, 
but rather that EPA defer making a decision in order to ``maximize the 
opportunities for full alignment and harmonization between the EPA and 
ARB OBD programs for HDOH engines, and to reduce the prospects that 
other states will elect to opt into the ARB OBD program, which, from an 
emissions inventory perspective, will not be materially different from 
the EPA OBD program.'' EPA notes that its notice of proposed rulemaking 
for heavy-duty vehicle and engine OBD was published on January 24, 2007 
but a final rule has not been completed.\3\ Although EPA remains 
sensitive to the issues raised by the commenter, such comments do not 
include data or other basis by which to

[[Page 52043]]

demonstrate the feasibility of CARB's OBD requirements. I cannot find 
that CARB's OBD regulations, as noted, would cause the California motor 
vehicle emission standards to be inconsistent with section 202(a).
---------------------------------------------------------------------------

    \3\ 72 FR 3200 (January 24, 2007).
---------------------------------------------------------------------------

    A full explanation of EPA's decision, including our review of 
comments received, is contained in a Decision Document which may be 
obtained as explained above.
    My decision will affect not only persons in California but also the 
manufacturers outside the State who must comply with California's 
requirements in order to produce heavy-duty vehicles and engines for 
sale in California. For this reason, I hereby determine and find that 
this is a final action of national applicability.
    As with past waiver decisions, this action is not a rule as defined 
by Executive Order 12866. Therefore, it is exempt from review by the 
Office of Management and Budget as required for rules and regulations 
by Executive Order 12866.
    In addition, this action is not a rule as defined in the Regulatory 
Flexibility Act, 5 U.S.C. 601(2). Therefore, EPA has not prepared a 
supporting regulatory flexibility analysis addressing the impact of 
this action on small business entities.
    Finally, the Administrator has delegated the authority to make 
determinations regarding waivers under section 209(b) of the Act to the 
Assistant Administrator for Air and Radiation.

    Dated: August 13, 2008.
Robert J. Meyers,
Principal Deputy Assistant Administrator, Office of Air and Radiation.
[FR Doc. E8-20732 Filed 9-5-08; 8:45 am]
BILLING CODE 6560-50-P