[Federal Register Volume 73, Number 123 (Wednesday, June 25, 2008)]
[Proposed Rules]
[Pages 35991-35994]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-14414]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 1051
[EPA-HQ-OAR-2008-0124; FRL-8684-5]
Exhaust Emission Standards for 2012 and Later Model Year
Snowmobiles
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: In a November 2002 final rule, we established the first U.S.
[[Page 35992]]
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 accordance with the court
decision, we are proposing to remove 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. In the ``Rules and Regulations'' section
of this Federal Register, we are making this revision as a direct final
rule without a prior proposed rule. If we receive no adverse comment,
we will not take further action on this proposed rule.
DATES: Written comments must be received by July 25, 2008, unless a
public hearing is requested. If a public hearing is requested no later
than July 15, 2008, it will be held at a time and place to be published
in the Federal Register and a new deadline for comments will be
provided.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2008-0124, by mail to Environmental Protection Agency, Mail Code:
6102T, 1200 Pennsylvania Ave., NW., Washington, DC, 20460. Please
include two copies. Comments may also be submitted electronically or
through hand delivery/courier, or a public hearing may be requested, by
following the detailed instructions in the ADDRESSES section of the
direct final rule located in the rules section of this Federal
Register.
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: [email protected].
SUPPLEMENTARY INFORMATION:
I. Why Is EPA Issuing This Proposed Rule?
This document proposes to remove the NOX component from
the Phase 3 snowmobile emission standard equation as required by the
court decision in Bluewater Network v. EPA, 370 F. 3d 1 (D.C.Cir 2004).
We have published a direct final rule making this revision in the
``Rules and Regulations'' section of this Federal Register because we
view this as a relatively noncontroversial action and anticipate no
adverse comment. We have explained our reasons for this action in the
preamble to the direct final rule.
If we receive no adverse comment or a request for a public hearing,
we will not take further action on this proposed rule. Otherwise, we
will withdraw the direct final rule and it will not take effect. We
would address all public comments in any subsequent final rule based on
this proposed rule.
We do not intend to institute a second comment period on this
action. Any parties interested in commenting must do so at this time.
For further information, please see the information provided in the
ADDRESSES section of this document.
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:
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Category NAICS code \a\ Examples of potentially affected entities
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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.
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\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. Summary of Rule
This proposed rule would make a revision to the regulations to
implement the following amendment:
Remove the NOX component from the Phase 3
snowmobile emission standard equation.
For additional discussion of the proposed rule change, see the
direct final rule EPA has published in the ``Rules and Regulations''
section of today's Federal Register. This proposal incorporates by
reference all the reasoning, explanation, and regulatory text from the
direct final rule. Furthermore, elsewhere in today's Federal Register,
EPA is publishing an Advance Notice of Proposed Rulemaking which
describes EPA's current thinking with regard to potential new
requirements for C3 marine engines and identifies and discusses a
number of important issues upon which EPA is seeking comment.
IV. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
This proposed rule 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
proposed 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 proposed
rule.
B. Paperwork Reduction Act
This action does not impose any new information collection burden.
This proposed rule merely removes the NOX component from the
snowmobile Phase 3 emission standards equation, as directed by the
court's ruling. 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 2060-0388, 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
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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 proposed rule on
small entities, a small entity is defined as: (1) A small business that
meet 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 proposed 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 proposed rule merely removes the NOX component from
the snowmobile Phase 3 emission standards equation, as directed by the
court's ruling. We have therefore concluded that today's proposed rule
will not affect regulatory burden for all affected small entities. We
continue to be interested in the potential impacts of the proposed rule
on small entities and welcome comments on issues related to such
impacts.
D. Unfunded Mandates Reform Act
This proposed rule contains no federal mandates for state, local,
tribal governments, or the private sector as defined by the provisions
of Title II of the UMRA. The proposed rule imposes no enforceable
duties on any of these governmental entities. This proposed rule
contains no regulatory requirements that would significantly or
uniquely affect small governments. EPA has determined that this
proposed rule contains no federal mandates that may result in
expenditures of more than $100 million to the private sector in any
single year. This proposed rule merely removes the NOX
component from the snowmobile Phase 3 emission standards equation, as
directed by the court's ruling. See the direct final rule EPA has
published in the ``Rules and Regulations'' section of today's Federal
Register for a more extensive discussion of UMRA policy.
E. Executive Order 13132: Federalism
This proposed 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 proposed rule merely
removes the NOX component from the snowmobile Phase 3
emission standards equation, as directed by the court's ruling. See the
direct final rule EPA has published in the ``Rules and Regulations''
section of today's Federal Register for a more extensive discussion of
Executive Order 13132.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This proposed 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 proposed 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
proposed rule merely removes the NOX component from the
snowmobile Phase 3 emission standards equation, as directed by the
court's ruling. Thus, Executive Order 13175 does not apply to this
rule. See the direct final rule EPA has published in the ``Rules and
Regulations'' section of today's Federal Register for a more extensive
discussion of Executive Order 13132.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
This proposed rule is not subject to the Executive Order because it
is not economically significant, and does not involve decisions on
environmental health or safety risks that may disproportionately affect
children. See the direct final rule EPA has published in the ``Rules
and Regulations'' section of today's Federal Register for a more
extensive discussion of Executive Order 13045.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This proposed 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
proposed rule merely removes the NOX component from the
snowmobile Phase 3 emission standards equation, as directed by the
court's ruling.
I. National Technology Transfer and Advancement Act
This proposed rule does not involve technical standards. Therefore,
EPA is not considering the use of any voluntary consensus standards.
This proposed rule merely removes the NOX
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component from the snowmobile Phase 3 emission standards equation, as
directed by the court's ruling. Thus, we have determined that the
requirements of the NTTAA do not apply. See the direct final rule EPA
has published in the ``Rules and Regulations'' section of today's
Federal Register for a more extensive discussion of NTTAA policy.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
EPA has determined that this proposed 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. See the direct final rule EPA has published in the ``Rules
and Regulations'' section of today's Federal Register for a more
extensive discussion of Executive Order 13045.
K. 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 notice
of proposed 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.
[FR Doc. E8-14414 Filed 6-24-08; 8:45 am]
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