Calcium chloride solution can be added to speed the hardening of concrete. For example, in 		cold weather it is desirable to speed up the hardening process and produced higher heat of 		hydration.

3.	Suppose you were in charge of building a skyscraper.  What would be your 	choice for aggregate and why?

		The aggregate would depend upon how the concrete is to be used in the building.  			Lightweight aggregates like shale are used for insulating properties.  However, normal 		weight aggregate would be required for strength.  Availability and economy of aggregate 		are important, too.

CONCRETE 					NAME__KEY________________________
QUIZ 3

1.	What will happen to concrete if it dries out too quickly?

		Concrete will most likely crack due to drying shrinkage.  The hydration reaction which 		strengthens concrete will be halted from lack of water resulting in weaker concrete.

2.	Suppose you were to be the chief designer in charge of building a concrete 	ship to carry people overseas.  What aggregate might you choose to put in 	your concrete and why?

		A lightweight aggregate would be desirable for building a ship needing to float.  However, 		the boat would be dangerous because of poor tensile properties of concrete.  It would have 		to be reinforced to be safe.

3.	Explain what the dormancy period of fresh concrete is.  How do contractors 	make use of the dormancy period?

		The dormancy period of fresh concrete is the period during which the concrete is in a 		plastic state and the reaction is very, very slow.  This state lasts from 1 to 3 hours and 		allows contractors to transport concrete to the job site and consolidate it before it hardens.  		After the dormancy period, the hydration reaction accelerates, and the concrete sets and 		becomes hard.

4.	Explain how can you measure the consistency of freshly mixed concrete?

		A slump test can be performed on freshly mixed concrete to determine its consistency.  		This is done by pouring it into an inverted cup with the bottom cut out.  Once the cup is 		removed, the concrete is observed.  It is desirable that the concrete stay 50-75% of its 		original height for good workability.

CONCRETE 						NAME__KEY__________________
QUIZ 4

1.	Briefly discuss the importance of a proper water to cement ratio.

		The water to cement ratio determines the strength of concrete.  The less water that is used to 		obtain a workable concrete, the more strength the resulting hardened concrete will have.  		However, remember that workability is lost if water to cement ratio is too low.

2.	Explain the purpose of a superplasticizer in making concrete.

		A superplasticizer is an admixture which is used to make concrete more workable with the 		use of less water.  Using a superplasticizer will result in a stronger concrete because less 		water is used.

3.	Why should gloves be worn when mixing concrete?  Be specific.

		Gloves should be worn while mixing concrete because one of the products of the hydration 		reaction is calcium hydroxide, a base.  In fact, upon mixing concrete, the pH rises to 12 		which means the solution is strongly basic.  This can burn, irritate, and dry out the skin.

4.	Water is important in making concrete, however, it can also be harmful to 	concrete.  Explain this statement.

		Water transports harmful substances that lead to concrete degradation.  Water is the central 		issue in freeze-thaw damage of concrete.

                                   Glossary
Accelerators:  Admixtures that decrease the setting time by increasing the rate of hydration.
Admixture:  A material other than water, aggregates, or cement that is used as an ingredient of 	concrete or mortar to control setting and early hardening, workability, or to provide 	additional cementing properties.
Aggregate:  Inert solid bodies such as crushed rock, sand, gravel.
Binder:  Hardened cement paste.
Bleed:  To have water seep to the surface of the cement paste due to settling.
Calcination:  Decomposition due to the loss of bound water and carbon dioxide.
Cement:  Finely powdered mixtures of inorganic compounds which when combined with water 	hardens with hydration.
Cement paste:  Cement plus water.  When the mass has reacted with water and developed 	strength it is called hardened cement paste.
Clay:  Type of soil consisting of very fine particles.
Clinker:  The material that emerges from the cement kiln after burning.  It is in the form of dark, 	porous nodules which are ground with a small amount of gypsum to give cement.
Compression:  Forces acting inwardly on a body.
Concrete:  A hard compact building material formed when a mixture of cement, sand, gravel, and 	water undergoes hydration.
Cure:  To keep concrete moist during initial hardening.
Deformation:  The process of  changing the dimensions of a structure by applying a force.
Dormancy  period:  Time period that concrete retains it workability.
Elasticity:  The ability of a material to return to its original shape after being stretched.
Forms:  Holders in which concrete is placed to harden.
Gypsum:  Calcium sulfate dihydrate, CaSO4.2H2O added to cement to regulate setting.
Hydration:  The reaction of cement with water to form a chemical compound.
Kiln:  High temperature oven.
Limestone:  Mineral rock of calcium carbonate.
Mortar:  Cement paste mixed with sand.
Pozzolan cement:  Volcanic rock powdered and used in making hydraulic cement.
Porosity:  The amount of empty space in concrete.
Portland cement:  A cement consisting predominantly of calcium silicates which reacts with 	water to form a hard mass.
Retardants:  Admixtures that increase the setting time by slowing down hydration.
Set:  Transformation of cement paste or concrete from a fluid-like consistency to a stiff mass.
Slump test:  Test used to determine workability.
Tension:  The stress resulting from elongation.
Workability:  How easily fresh concrete can be placed and consolidated in forms.


[Federal Register Volume 86, Number 175 (Tuesday, September 14, 2021)]
[Proposed Rules]
[Pages 51044-51045]
[FR Doc No: 2021-19181]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 281 and 282

[EPA-R04-UST-2020-0611; FRL-8781-01-R4]

Alabama: Final Approval of State Underground Storage Tank Program
Revisions, Codification, and Incorporation by Reference

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The State of Alabama (Alabama or State) has applied to the
Environmental Protection Agency (EPA) for final approval of revisions
to its Underground Storage Tank Program (UST Program) under subtitle I
of the Resource Conservation and Recovery Act (RCRA). Pursuant to RCRA,
the EPA is proposing to approve revisions to Alabama's UST Program.
This action is based on the EPA's determination that the State's
revisions satisfy all requirements for UST program approval. This
action also proposes to codify Alabama's revised UST Program and to
incorporate by reference the State statutes and regulations that we
have determined meet the requirements for approval.

DATES: Comments on this proposed rule must be received on or before
October 14, 2021.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-R04-
UST-2020-0611, by either of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov
(our preferred method). Follow the online instructions for submitting
comments.
     Email<EMAIL_ADDRESS>Include the Docket ID No. EPA-
R04-UST-2020-0611 in the subject line of the message.
    Instructions: Submit your comments, identified by Docket ID No.
EPA-R04-UST-2020-0611, via the Federal eRulemaking Portal at https://www.regulations.gov. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
https://www.regulations.gov. The EPA may publish any comment received
to its public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and

should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit: https://www.epa.gov/dockets/commenting-epa-dockets.
    Out of an abundance of caution for members of the public and our
staff, the public's access to the EPA Region 4 Offices is by
appointment only to reduce the risk of transmitting COVID-19. We
encourage the public to submit comments via https://www.regulations.gov
or via email. The EPA encourages electronic comment submittals, but if
you are unable to submit electronically or need other assistance,
please contact Terry Self, the contact listed in the FOR FURTHER
INFORMATION CONTACT provision below. The index of the docket and all
publicly available docket materials for this action are available for
review on the https://www.regulations.gov website. The EPA encourages
electronic reviewing of these documents, but if you are unable to
review these documents electronically, please contact Terry Self to
schedule an appointment to view the documents at the Region 4 Offices.
Interested persons wanting to examine these documents should make an
appointment at least two weeks in advance. EPA Region 4 requires all
visitors to adhere to the COVID-19 protocol. Please contact Terry Self
for the COVID-19 protocol requirements for your appointment.
    Please also contact Terry Self if you need assistance in a language
other than English or if you are a person with disabilities who needs a
reasonable accommodation at no cost to you. For further information on
EPA Docket Center services and the current status, please visit us
online at https://www.epa.gov/dockets.
    The EPA continues to carefully and continuously monitor information
from the Centers for Disease Control and Prevention (CDC), local area
health departments, and our Federal partners so that we can respond
rapidly as conditions change regarding COVID-19.

FOR FURTHER INFORMATION CONTACT: Terry Self, RCRA Programs and Cleanup
Branch, Land, Chemicals and Redevelopment Division, U.S. Environmental
Protection Agency, Region 4, Atlanta Federal Center, 61 Forsyth Street
SW, Atlanta, Georgia 30303-8960; Phone number:<PHONE_NUMBER>, email
address<EMAIL_ADDRESS>Please contact Terry Self by phone or
email for further information.

SUPPLEMENTARY INFORMATION: For additional information, see the direct
final rule published in the ``Rules and Regulations'' section of this
issue of the Federal Register.

List of Subjects in 40 CFR Parts 281 and 282

    Administrative practice and procedure, Environmental protection,
Hazardous substances, Incorporation by reference, Indian country,
Petroleum, Reporting and recordkeeping requirements, State program
approval, and Underground storage tanks.

    Authority: This document is issued under the authority of
sections 2002(a), 9004, and 7004(b) of the Solid Waste Disposal Act,
as amended, 42 U.S.C. 6912, 6991c, 6991d, and 6991e.

    Dated: August 30, 2021.
John Blevins,
Acting Regional Administrator, Region 4.
[FR Doc. 2021-19181 Filed 9-13-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: August 30, 2006 (Volume 71, Number 168)]
[Rules and Regulations]
[Page 51481-51489]
[DOCID:fr30au06-16]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 9 and 86

[EPA-HQ-OAR-2005-0474; FRL-8214-9]
RIN 2060-AN70

Amendments to Regulations for Heavy-Duty Diesel Engines

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: In a rule published January 18, 2001, EPA promulgated several
new standards for heavy-duty highway diesel engines and vehicles
beginning in model year 2007. In this rulemaking we are making some
technical amendments to the regulations to correct typographical
errors, revise references, remove old provisions, and to revise some
provisions regarding deterioration factors to be identical to those for
nonroad diesel engines certified under the Tier 4 rule, published June
29, 2004.

DATES: This direct final rule is effective on October 30, 2006 without
further notice, unless we receive adverse comments by September 29,
2006 or receive a request for a public hearing by September 14, 2006.
If we receive any adverse comments on this direct final rule, or on one
or more amendments in this direct final rule, or receive a request for
a hearing within the time frame described above, we will publish a
timely withdrawal in the Federal Register informing the public that
this rule, or the provisions of this rule that are the subject of
adverse comment, will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2005-0474, by one of the following methods:
     http://www.regulations.gov: Follow the on-line instructions for

submitting comments.
     E-mail<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: U.S. Environmental Protection Agency, EPA West
Building, 1200 Pennsylvania Ave., NW., Room: B108 Mail Code: 6102T,
Washington, DC 20460. Deliveries are only accepted during the Docket's
normal hours of operation from 8:30 a.m. to 4:30 p.m., Monday through
Friday, except on government holidays. If your Docket requires the
submission of multiple copies, please insert the following here:
     [rtrif] Please include a total of copies.
     [rtrif] If the NPRM involves an ICR that will be submitted to OMB
for review and approval under 5 CFR 1320.11, then you must also include
the following language pursuant to 1320.11(a): ``In addition, please
mail a copy of your comments on the information collection provisions
to the Office of Information and Regulatory Affairs, Office of
Management and Budget (OMB), Attn: Desk Officer for EPA, 725 17th St.,
NW., Washington, DC 20503.''
     Hand Delivery: EPA Docket Center (Air Docket), U.S.
Environmental Protection Agency, EPA West Building, 1301 Constitution
Avenue, NW., Room: B108, Mail Code: 6102T, Washington, DC. Such
deliveries are only accepted during the Docket's normal hours of
operation from 8:30 a.m. to 4:30 p.m., Monday through Friday, except on
government holidays, and special arrangements should be made for
deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2005-0474. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://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
http://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 http://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 http://www.epa.gov/epahome/dockets.htm
.

    Docket: All documents in the docket are listed in the
http://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 http://www.regulations.gov or in hard copy at the EPA Docket Center (EPA/

DC), Air Docket, Public Reading Room, Room B108, EPA West Building,
1301 Constitution Avenue, NW., Washington, DC. The EPA Docket Center
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, except on government holidays. You can reach the Air Docket by
telephone at<PHONE_NUMBER> and by facsimile at<PHONE_NUMBER>. You may
be charged a reasonable fee for photocopying docket materials, as
provided in 40 CFR part 2.

FOR FURTHER INFORMATION CONTACT: Zuimdie Guerra, Assessment and
Standards Division, e-mail<EMAIL_ADDRESS>voice-mail (734)
214-4387.

SUPPLEMENTARY INFORMATION:

I. General Information

    EPA is publishing this rule without a prior proposal because we
view this action as noncontroversial and anticipate no adverse comment.
However, in the ``Proposed Rules'' section of today's Federal Register
publication, we are publishing a separate document that will serve as
the proposal to adopt the provisions in this Direct Final Rule if
adverse comments are filed. This rule will be effective on October 30,
2006 without further notice unless we receive adverse comment by
September 29, 2006 or a request for a public hearing by September 14,
2006. If we receive adverse comment on one more distinct provisions of
this rule, we will publish a timely withdrawal in the Federal Register
indicating which provisions are being withdrawn due to adverse comment.
We may address all adverse comments in a subsequent final rule based on
the proposed rule. We will not institute a second comment period on
this action. Any parties interested in commenting must do so at this
time. Any distinct provisions of today's rulemkaing for which we do not
receive adverse comment will become effective on the date set out
above, notwithstanding any adverse comment on any other distinct
provisions of today's rule.

A. Regulated Entities

    This action will affect companies that manufacture and certify
heavy-duty highway diesel engines in the United States.

----------------------------------------------------------------------------------------------------------------
           Category             NAICS Code \a\              Examples of potentially affected entities
----------------------------------------------------------------------------------------------------------------
Industry.....................  336112..........  Engine and Truck Manufacturers.
Industry.....................  33612...........  Heavy-duty Engine and Truck Manufacturers.
----------------------------------------------------------------------------------------------------------------
\a\ North American Industry Classification System (NAICS).

    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.

B. How Can I Get Copies of This Document?

    1. Docket. EPA has established an official public docket for this
action under Air Docket Number EPA-HQ-OAR-2005-0474. The official
public docket consists of the documents specifically referenced in this
action, any public comments received, and other information related to
this action. 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. The official
public docket is the collection of materials that is available for
public viewing at the Air Docket in the EPA Docket Center (EPA/DC), EPA
West Building, Room B108, 1301 Constitution Ave., NW., Washington, DC.
The EPA Docket Center 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<PHONE_NUMBER>, and the
telephone number for the Air Docket is<PHONE_NUMBER>.
    2. Electronic Access. This direct final rule is available
electronically from the EPA Internet Web site. This service is free of
charge, except for any cost incurred for internet connectivity. The
electronic version of this final rule is made available on the date of
publication on the primary Web site listed below. The EPA Office of
Transportation and Air Quality also publishes Federal Register notices
and related documents on the secondary Web site listed below.
    1. http://www.epa.gov/docs/fedrgstr/EPA-AIR (either select desired

date or use Search features).
    2. http://www.epa.gov/otaq (look in What's New or under the

specific rulemaking topic).
    Please note that due to differences between the software used to
develop the documents and the software into which the document may be
downloaded, format changes may occur.

C. How and To Whom Do I Submit Comments?

    You may summit comments on this direct final rule as described in
this section. You should note that we are also publishing a notice of
proposed rulemaking in the ``Proposed Rules'' section of today's
Federal Register, which matches the substance of this direct final
rule. Your comments on this direct final rule will be considered to
also be applicable to that notice of proposed rulemaking. If we receive
any

adverse comments on this direct final rule or receive a request for a
hearing within the time frame described above, we will publish a timely
withdrawal in the Federal Register informing the public that this rule,
or the provisions of this rule receiving adverse comment, will not take
effect. We may then take final action in a final rule based on the
accompanying proposal. We will not institute a second comment period.
    You may submit comments electronically, by mail, by facsimile, or
through hand delivery/courier. To ensure proper receipt by EPA,
identify the appropriate docket identification number in the subject
line on the first page of your comment. Please ensure that your
comments are submitted within the specified comment period. Comments
received after the close of the comment period will be marked ``late.''
EPA is not required to consider these late comments.
    1. Electronically. If you submit an electronic comment as
prescribed below, EPA recommends that you include your name, mailing
address, and an e-mail address or other contact information in the body
of your comment. Also include this contact information on the outside
of any disk or CD ROM you submit, and in any cover letter accompanying
the disk or CD ROM. This ensures that you can be identified as the
submitter of the comment and allows EPA to contact you in case EPA
cannot read your comment due to technical difficulties or needs further
information on the substance of your comment. EPA's policy is that EPA
will not edit your comment, and any identifying or contact information
provided in the body of a comment will be included as part of the
comment that is placed in the official public docket, and made
available in EPA's electronic public docket. 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.
    i. EPA dockets. Your use of EPA's electronic public docket to
submit comments to EPA electronically is EPA's preferred method for
receiving comments directly to EPA Dockets at http://www.regulations.gov and

follow the online instructions for submitting comments. Once in the
system, select ``search,'' and then key in Docket ID No. EPA-HQ-OAR-
2005-0474. The system is an ``anonymous access'' system, which means
EPA will not know your identity, e-mail address, or other contact
information unless you provide it in the body of your comment.
    ii. E-mail. Comments may be sent by electronic mail (e-mail) to
<EMAIL_ADDRESS>Attention Air Docket ID No. EPA-HQ-OAR-2005-0474.

In contrast to EPA's electronic public docket, EPA's e-mail system is
not an ``anonymous access'' system. If you send an e-mail comment
directly to the Docket without going through EPA's electronic public
docket, EPA's e-mail system automatically captures your e-mail address.
E-mail addresses that are automatically captured by EPA's e-mail system
are included as part of the comment that is placed in the official
public docket, and made available in EPA's electronic public docket.
    iii. Disk or CD ROM. You may submit comments on a disk or CD ROM
that you mail to the mailing address identified in ADDRESSES above.
These electronic submissions will be accepted in WordPerfect or ASCII
file format. Avoid the use of special characters and any form of
encryption.
    2. By Mail. Send two copies of your comments to: U.S. Environmental
Protection Agency, EPA West Building, 1200 Pennsylvania Ave., NW.,
Room: B108 Mail Code: 6102T, Washington, DC 20460, Attention Docket ID
No. EPA-HQ-OAR-2005-0474.
    3. By Hand Delivery or Courier. Deliver your comments to: EPA
Docket Center (Air Docket), U.S. Environmental Protection Agency, EPA
West Building, 1301 Constitution Avenue, NW., Room: B108 Mail Code:
6102T, Washington, DC, Attention Air Docket ID No. EPA-HQ-OAR-2005-
0474. Such deliveries are only accepted during the Docket's normal
hours of operation as identified in Unit I.
    4. By Facsimile. Fax your comments to:<PHONE_NUMBER>, Attention
Docket ID No. EPA-HQ-OAR-2005-0474.

II. Summary of Rule

    EPA is making the following minor amendments to correct
typographical errors, revise references, restore sections, conciliate
provisions with our nonroad engine regulations and remove old
provisions:
     Removing several sections that describe regulatory
requirements for model years before 1996, and before 2001 for Selective
Enforcement Auditing. Discontinuing publication of these sections does
not affect the manufacturers' responsibility to continue meeting
standards for any vehicles or engines that may still be operating
within the regulatory useful life.
     Revising the provisions for certification fees in part 86
subpart J and referring to part 85 subpart Y, since they have been
completely replaced in part 85 starting with the 2004 model year.
     Adding a provision to part 86 to require manufacturers of
all types of engines, vehicles, and motorcycles to name an agent for
service of process in the United States. This provision does not place
additional burden on engine, vehicle, and motorcycle manufacturers
because they already need to do this to comply with our certification
requirements. This simply formalizes an existing policy to allow us to
ensure that we will have a person in the United States who is able to
speak for the company and receive communication regarding any aspect of
our effort to certify engines and oversee compliance of certified
products. This applies to Sec.  86.007-21, Sec.  86.416-80, Sec.
86.437-78, and Sec.  86.1844-01.
     Re-publishing Sec.  86.004-28(c)(4)(iii)(B) to establish
deterioration factor provisions applicable to a highway heavy-duty
engine identical to the options available to nonroad certified heavy-
duty diesel engines certified under 40 CFR 1039.240. The new provisions
establish additive deterioration factors as the default but require the
use of multiplicative deterioration factors if, based on good
engineering judgment, they are more appropriate for a particular engine
family.
     Re-publishing Sec.  86.007-11(a)(2)(v) to correct a
typographical error in the equation.
     Adding paragraph (j) to Sec.  86.007-35 to ensure that the
recently added provision that allows labeling flexibility to heavy-duty
engines extends to 2007 and later model years. EPA inadvertently forgot
to add this provision to the 2007 model year regulations.
     Revising Sec.  86.1213-94 to reference the fuel
specifications in part 86, subpart N. This avoids a duplication of
regulatory text and does not change the applicable test procedures in
any way.
     Republishing Sec.  86.1360(c), which was removed in the
migration of test procedures to 40 CFR part 1065. This paragraph needs
to be added back because there is a reference to it in Sec.  86.1370-
2007 and in Sec.  86.1380-2004.
     Revising Sec.  86.1806-01 to properly cite the
incorporation by reference of several technical standards related to
on-board diagnostics. These documents are formally incorporated by
reference in Sec.  86.1, so the text in Sec.  86.1806-01 is revised to
describe how the standards apply, with a straightforward reference to
Sec.  86.1 for the full description of the standards with instructions
for readers to obtain the documents.
     Revising the language in CFR Sec.  86.1806-04(j) and Sec.
86.1806-05(j) to correctly refer to LDVs, LDTs and

heavy-duty vehicles weighing 14,000 pounds GVWR or less. Inadvertently
we referenced ``heavy-duty engines weighing 14,000 pounds GVWR or
less'' instead of LDVs, LDTs and heavy-duty vehicles weighing 14,000
pounds GVWR or less.
     Correcting a mistake made in the 2004 Heavy-Duty rule that
revised Sec.  86.1840-01. This rule revision included only paragraphs
(a) and (b) and therefore paragraphs (c) and (d) were omitted from
Sec.  86.1840-01. EPA had no intention of removing paragraphs (c) and
(d). This rule is adding these two paragraphs back.
    EPA does not expect that these minor revisions will have any
adverse cost impact to the manufacturers. There are no testing costs
associated with the revisions. There is no environmental impact
associated with this regulatory action because this rulemaking does not
change the heavy-duty highway diesel engine emission standards that
manufacturers have to meet; it simply makes some minor amendments to
the regulations.

III. 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 (EO) 12866 (58 FR 51735, October 4, 1993) and
is therefore not subject to review under the EO.
    This direct final rule is not a significant regulatory action as it
merely makes a slight revision to the regulations to correct
typographical errors, revise references, restore sections, conciliate
provisions with our nonroad engine regulations and remove old
provisions for highway heavy-duty diesel engines. There are no new
costs associated with this rule.

B. Paperwork Reduction Act

    This proposed rule does not include any new collection
requirements, as it merely makes a slight revision to the regulations
to correct typographical errors, revise references, restore sections,
conciliate provisions with our nonroad engine regulations and remove
old provisions for highway heavy-duty diesel engines. There are no new
paperwork requirements associated with this rule. The information
collection requirements (ICR) for the original heavy-duty diesel
engines and vehicles rulemaking were approved by the Office of
Management and Budget (OMB) under the Paperwork Reduction Act, 44
U.S.C. 3501 et seq. and assigned OMB control number 2060-0104, EPA ICR
number 0783.47. 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

    EPA has determined that it is not necessary to prepare a regulatory
flexibility analysis in connection with this direct final rule.
    For purposes of assessing the impacts of this final 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 final rule on
small entities, EPA has concluded 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 proposed rule on small entities.'' 5 U.S.C. 603
and 604. Thus, an agency may conclude 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 makes a slight revision to the
regulations to correct typographical errors, revise references, restore
sections, conciliate provisions with our nonroad engine regulations and
remove old provisions for highway heavy-duty diesel engines. We have
therefore concluded that today's final rule will relieve regulatory
burden for all 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 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 as defined by the provisions of Title II of the UMRA. The
rule imposes no enforceable duties on any of these governmental
entities. Nothing in the rule would significantly or uniquely affect
small governments. EPA has determined that this rule contains no
regulatory requirements that might significantly or uniquely affect
small governments.
    This direct final rule merely makes a slight revision to the
regulations to correct typographical errors, revise references, restore
sections, conciliate provisions with our nonroad engine regulations and
remove old provisions for highway heavy-duty diesel engines. Thus,
today's rule is not subject to the requirements of sections 202 and 205
of the UMRA.

E. Executive Order 13132: Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 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 makes
a slight revision to the regulations to correct typographical errors,
revise references, restore sections, conciliate provisions with our
nonroad engine regulations and remove old provisions for highway heavy-
duty diesel engines.

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 makes a slight revision to the regulations to correct
typographical errors, revise references, restore sections, conciliate
provisions with our nonroad engine regulations and remove old
provisions for highway heavy-duty diesel engines. 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, and does not involve decisions on
environmental health or safety risks that may disproportionately affect
children.

H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use

    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 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 makes a slight revision to the regulations to
correct typographical errors, revise references, restore sections,
conciliate provisions with our nonroad engine regulations and remove
old provisions for highway heavy-duty diesel engines. Thus, we have
determined that the requirements of the NTTAA do not apply.

J. 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 October 30, 2006.

K. Statutory Authority

    The statutory authority for this action comes from section 202 of
the Clean Air Act as amended (42 U.S.C. 7521). 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

40 CFR Part 9

    Reporting and recordkeeping requirements.

40 CFR Part 86

    Environmental protection, Administrative practice and procedure,
Air pollution control, Motor vehicle pollution, Reporting and
recordkeeping requirements.

    Dated: August 24, 2006.
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 set forth below.

PART 9--OMB APPROVALS UNDER THE PAPERWORK REDUCTION ACT

0
1. The authority citation for part 9 continues to read as follows:

    Authority: 7 U.S.C. 135 et seq., 136-136y; 15 U.S.C. 2001, 2003,
2005, 2006, 2601-2671; 21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33
U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, 1321, 1326, 1330,
1342, 1344, 1345(d) and (e), 1361; E.O. 11735, 38 FR 21243, 3 CFR,
1971-1975 Comp. p. 973; 42 U.S.C. 241, 242b, 243, 246, 300f, 300g,
300g-1, 300g-2, 300g-3, 300g-4, 300g-5, 300g-6, 300j-1, 300j-2,
300j-3, 300j-4, 300j-9, 1857 et seq., 6901-6992k, 7401-7671q, 7542,
9601-9657, 11023, 11048.

0
2. Section 9.1 is amended by removing from the table the following
entries:

86.085-13                                       86.091-21     86.092-15
86.090-14                                       86.091-23     86.092-23
86.090-21                                       86.091-28     86.092-24
86.090-25                                       86.091-30     86.092-26
86.090-26                                       86.092-14     86.092-35
86.091-15                                     ............  86.094-7--86
                                                                 .094-9
86.094-24(a)(3)(iii)                            86.608-96    86.1313-84
86.094-35                                       86.609-84    86.1313-87
86.095-24                                       86.609-96    86.1313-90
86.113-82                                       86.612-84    86.1313-91
86.113-87                                       86.908-01    86.1314-84
86.113-90                                       86.909-93    86.1316-84
86.113-91                                      86.1003-97    86.1316-90
86.135-82                                      86.1008-90    86.1319-84
86.135-90                                      86.1008-96    86.1321-84
86.135-94                                      86.1009-84    86.1321-90
86.144-90                                      86.1009-96    86.1327-84
86.608.88                                      86.1213-85    86.1327-88
86.608.90                                      86.1213-87    86.1327-90

PART 86--CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES
AND ENGINES

0
3. The authority citation for part 86 continues to read as follows:

    Authority: 42 U.S.C. 7401-7671q.

Subpart A--[Amended]

0
4. Subpart A is amended by removing the following sections:

        86.084-40                86.091-11               86.092-35
         86.085-1                86.091-15               86.093-11
        86.085-13                86.091-21               86.093-35
        86.088-10                86.091-23                86.094-8
         86.090-1                86.091-28               86.094-11
         86.090-9                86.091-30               86.094-24
        86.090-14                86.091-35               86.094-35
        86.090-21                 86.092-1               86.094-38
        86.090-22                86.092-14               86.095-24
        86.090-24                86.092-15
        86.090-25                86.092-23
        86.090-26                86.092-24
         86.091-9                86.092-26

0
5. Section 86.004-28 is amended by redesignating the paragraph
(c)(4)(iii)(B)(iv) as (c)(4)(iii)(B)(4) and revising paragraphs
(c)(4)(iii)(B)(1) and (c)(4)(iii)(B)(2) to read as follows:

Sec.  86.004-28  Compliance with emission standards.

* * * * *
    (c) * * *
    (4) * * *
    (iii) * * *
    (B) * * *
    (1) Additive deterioration factor for exhaust emissions. Except as
specified in paragraph (c)(4)(iii)(B)(2) of this section, use an
additive deterioration factor for exhaust emissions. An additive
deterioration factor for a pollutant is the difference between exhaust
emissions at the end of the useful life and exhaust emissions at the
low-hour test point. In these cases, adjust the official emission
results for each tested engine at the selected test point by adding the
factor to the measured emissions. If the factor is less than zero, use
zero. Additive deterioration factors must be specified to one more
decimal place than the applicable standard.
    (2) Multiplicative deterioration factor for exhaust emissions. Use
a multiplicative deterioration factor if good engineering judgment
calls for the deterioration factor for a pollutant to be the ratio of
exhaust emissions at the end of the useful life to exhaust emissions at
the low-hour test point. For example, if you use aftertreatment
technology that controls emissions of a pollutant proportionally to
engine-out emissions, it is often appropriate to use a multiplicative
deterioration factor. Adjust the official emission results for each
tested engine at the selected test point by multiplying the measured
emissions by the deterioration factor. If the factor is less than one,
use one. A multiplicative deterioration factor may not be appropriate
in cases where testing variability is significantly greater than
engine-to-engine variability. Multiplicative deterioration factors must
be specified to one more significant figure than the applicable
standard.
* * * * *

0
6. Section 86.007-11 is amended by revising paragraph (a)(2)(v) to read
as follows:

Sec.  86.007-11  Emission standards and supplemental requirements for
2007 and later model year heavy-duty engines and vehicles.

* * * * *
    (a) * * *
    (2) * * *
    (v) Determine your engine's brake-specific emissions using the
following calculation, which weights the emissions from the cold-start
and hot-start test intervals:

[GRAPHIC] [TIFF OMITTED] TR30AU06.001

* * * * *

0
7. Section 86.007-21 is amended by adding paragraph (q) to read as
follows:

Sec.  86.007-21  Application for certification.

* * * * *
    (q) The manufacturer must name an agent for service of process
located in the United States. Service on this agent constitutes service
on you or any of your officers or employees for any action by EPA or
otherwise by the United States related to the requirements of this
part.

0
8. Section 86.007-35 is amended by adding paragraph (j) to read as
follows:

Sec.  86.007-35  Labeling.

* * * * *
    (j) The Administrator may approve in advance other label content
and formats provided the alternative label contains information
consistent with this section.

Subpart B--[Amended]

0
9. Subpart B is amended by removing the following sections:

86.106-90
86.106-94
86.107-90
86.109-90
86.113-91
86.114-79
86.116-90
86.117-90
86.120-82
86.121-82
86.127-90
86.127-94
86.130-78
86.131-90
86.132-90
86.133-90
86.138-90
86.140-82
86.140-90
86.143-90
86.144-90

Subpart E--[Amended]

0
10. Subpart E is amended by removing the following sections:

86.401-90
86.410-80

0
11. Section 86.416-80 is amended by adding paragraph (a)(2)(ix) to read
as follows:

Sec.  86.416-80  Application for certification.

    (a) * * *
    (2) * * *
    (ix) The name of an agent for service of process located in the
United States. Service on this agent constitutes service on you or any
of your officers or employees for any action by EPA or otherwise by the
United States related to the requirements of this part.
* * * * *

0
12. Section 86.437-78 is amended by adding paragraph (b)(1)(iii) to
read as follows:

Sec.  86.437-78  Certification.

* * * * *
    (b) * * *
    (1) * * *
    (iii) The name of an agent for service of process located in the
United States. Service on this agent constitutes service on you or any
of your officers or employees for any action by EPA or otherwise by the
United States related to the requirements of this part.
* * * * *

Subpart F--[Amended]

0
13. Subpart F is amended by removing the following sections:

86.513-87
86.513-90
86.519-78
86.529-78

Subpart G--[Amended]

0
14. Subpart G is amended by removing the following sections:

86.602-97
86.603-97
86.608-88
86.608-90
86.608-96
86.608-97
86.609-84
86.609-96
86.609-97
86.610-96
86.612-84

Subpart J--[Amended]

0
15. Subpart J is revised to read as follows:

Subpart J--Fees for the Motor Vehicle and Engine Compliance Program

Sec.  86.901  Assessment of fees.

    See 40 CFR part 85, subpart Y, for the applicable fees associated
with certifying engines and vehicles under this part.

Subpart K--[Amended]

0
16. Subpart K is amended by removing the following sections:

86.1002-84
86.1002-97
86.1003-97
86.1008-90
86.1008-96
86.1008-97
86.1009-84
86.1009-96
86.1009-97
86.1010-96
86.1012-84

Subpart M--[Amended]

0
17. Subpart M is amended by removing the following sections:

86.1206-90
86.1207-90
86.1213-04
86.1213-90
86.1217-90
86.1227-90
86.1230-85
86.1232-90
86.1233-90
86.1235-85
86.1238-90
86.1243-90

0
18. Section 86.1213-94 is revised to read as follows:

Sec.  86.1213-94  Fuel specifications.

    Use the fuels specified in subpart N of this part for evaporative
emission testing.

Subpart N--[Amended]

0
19. Subpart N is amended by removing the following sections:

86.1306-90
86.1311-90
86.1313-91
86.1314-84
86.1316-90
86.1319-84
86.1321-90
86.1327-90
86.1327-94
86.1330-84
86.1337-90
86.1344-90

0
20. Section 86.1360-2007 is amended by adding paragraph (c) to read as
follows:

Sec.  86.1360-2007  Supplemental emission test; test cycle and
procedures.

* * * * *
    (c) Determining engine speeds. (1) The engine speeds A, B and C,
referenced in the table in paragraph (b)(1) of this section, and speeds
D and E, referenced in Sec.  86.1380, must be determined as follows:

Speed A = nlo + 0.25 x (nhi-nlo)
Speed B = nlo + 0.50 x (nhi-nlo)
Speed C = nlo + 0.75 x (nhi-nlo)
Speed D = nhi
Speed E = nlo + 0.15 x (nhi-nlo)

Where: nhi = High speed as determined by calculating 70% of
the maximum power. The highest engine speed where this power value
occurs on the power curve is defined as nhi.
nlo = Low speed as determined by calculating 50% of the
maximum power. The lowest engine speed where this power value occurs on
the power curve is defined as nlo.
Maximum power = the maximum observed power calculated according to the
engine mapping procedures defined in Sec.  86.1332.
* * * * *

Subpart P--[Amended]

0
21. Subpart P is amended by removing the following sections:

86.1501-90
86.1504-90
86.1505-84
86.1505-90
86.1506-90
86.1513-90

Subpart S--[Amended]

0
22. Section 86.1806-01 is amended by revising paragraphs (e)
introductory text, (f)(2), (f)(3), and (h) to read as follows:

Sec.  86.1806-01  On-board diagnostics.

* * * * *
    (e) Storing of computer codes. The emission control diagnostic
system shall record and store in computer memory diagnostic trouble
codes and diagnostic readiness codes indicating the status of the
emission control system. These codes shall be available through the
standardized data link connector per SAE J1979 specifications as
described in paragraph (h) of this section.
* * * * *
    (f) * * *
    (2) The following data in addition to the required freeze frame
information shall be made available on demand through the serial port
on the standardized data link connector, if the information is
available to the on-board computer or can be determined using
information available to the on-board computer: Diagnostic trouble
codes, engine coolant temperature, fuel control system status (closed
loop, open loop, other), fuel trim, ignition timing advance, intake air
temperature, manifold air pressure, air flow rate, engine RPM, throttle
position sensor output value, secondary air status (upstream,
downstream, or atmosphere), calculated load value, vehicle speed, and
fuel pressure. The signals shall be provided in standard units based on
SAE specifications described in paragraph (h) of this section. Actual
signals shall be clearly identified separately from default value or
limp home signals.
    (3) For all emission control systems for which specific on-board
evaluation tests are conducted (catalyst, oxygen sensor, etc.), the
results of the most recent test performed by the vehicle, and the
limits to which the system is compared shall be available through the
standardized data link connector per SAE J1979 specifications as
described in paragraph (h) of this section.
* * * * *
    (h) Reference materials. The emission control diagnostic system
shall provide for standardized access and conform with the following
standards that we incorporate by reference in Sec.  86.1:
    (1) Except as specified in paragraph (h)(2) of this section, SAE
J1850 ``Class B Data Communication Network Interface,'' (July 1995)
shall be used as the on-board to off-board communications protocol. All
emission related messages sent to the scan tool over a J1850 data link
shall use the Cyclic Redundancy Check and the three byte header, and
shall not use inter-byte separation or checksums.
    (2) ISO 9141-2 February 1994 ``Road vehicles--Diagnostic systems--
Part 2: CARB requirements for interchange of digital information,'' may
be used as an alternative to SAE J1850 as the on-board to off-board
communications protocol.
    (3) Basic diagnostic data (as specified in Sec. Sec.  86.094-17(e)
and (f)) shall be provided in the format and units in SAE J1979 July
1996 E/E Diagnostic Test Modes.''
    (4) Diagnostic trouble codes shall be consistent with SAE J2012
July 1996 ``Recommended Practices for Diagnostic Trouble Code
Definitions.''
    (5) The connection interface between the OBD system and test
equipment and diagnostic tools shall meet the functional requirements
of SAE J1962 January 1995 ``Diagnostic Connector.''
* * * * *

0
23. Section 86.1806-04 is amended by revising paragraph (j) to read as
follows:

Sec.  86.1806-04  On-board diagnostics.

* * * * *
    (j) California OBDII compliance option. For light-duty vehicles,
light-duty trucks, and heavy-duty vehicles weighing 14,000 pounds GVWR
or less, demonstration of compliance with California OBD II
requirements (Title 13 California Code of Regulations Sec.  1968.2 (13
CCR 1968.2)), as modified, approved and filed on April 21, 2003, shall
satisfy the requirements of this section, except that compliance with
13 CCR 1968.2(e)(4.2.2)(C), pertaining to 0.02 inch evaporative leak
detection, and 13 CCR 1968.2(d)(1.4), pertaining to tampering
protection, are not required to satisfy the requirements of this
section. Also, the deficiency provisions of 13 CCR 1968.2(i) do not
apply. The deficiency provisions of paragraph (i) of this section and
the evaporative leak detection requirement of paragraph (b)(4) of this
section apply to manufacturers selecting this paragraph for
demonstrating compliance. In addition, demonstration of compliance with
13 CCR 1968.2(e)(16.2.1)(C), to the extent it applies to the
verification of proper alignment between the camshaft and crankshaft,
applies only to vehicles equipped with variable valve timing.
* * * * *

0
24. Section 86.1806-05 is amended by revising paragraph (j) to read as
follows:

Sec.  86.1806-05  On-board diagnostics.

* * * * *
    (j) California OBDII compliance option. For light-duty vehicles,
light-duty trucks, and heavy-duty vehicles weighing 14,000 pounds GVWR
or less, demonstration of compliance with California OBDII requirements
(Title 13 California Code of Regulations Sec.  1968.2 (13 CCR 1968.2)),
as modified, approved and filed on April 21, 2003, shall satisfy the
requirements of this section, except that compliance with 13 CCR
1968.2(e)(4.2.2)(C), pertaining to 0.02 inch evaporative leak
detection, and 13 CCR 1968.2(d)(1.4), pertaining to tampering
protection, are not required to satisfy the requirements of this
section. Also, the deficiency provisions of 13 CCR 1968.2(i) do not
apply. The deficiency provisions of paragraph (i) of this section and
the evaporative leak detection requirement of paragraph (b)(4) of this
section apply to manufacturers selecting this paragraph for
demonstrating compliance. In addition, demonstration of compliance with
13 CCR 1968.2(e)(16.2.1)(C), to the extent it applies to the
verification of proper alignment between the camshaft and crankshaft,
applies only to vehicles equipped with variable valve timing.
* * * * *

0
25. Section 86.1840-01 is amended by adding paragraphs (c) and (d) to
read as follows:

Sec.  86.1840-01  Special test procedures.

* * * * *

    (c) Manufacturers of vehicles equipped with periodically
regenerating trap oxidizer systems must propose a procedure for testing
and certifying such vehicles including SFTP testing for the review and
approval of the Administrator. The manufacturer must submit its
proposal before it begins any service accumulation or emission testing.
The manufacturer must provide with its submittal, sufficient
documentation and data for the Administrator to fully evaluate the
operation of the trap oxidizer system and the proposed certification
and testing procedure.
    (d) The provisions of paragraph (a) and (b) of this section also
apply to MDPVs.

0
26. Section 86.1844-01 is amended by adding paragraph (d)(17) to read
as follows:

Sec.  86.1844-01  Information requirements: Application for
certification and submittal of information upon request.

* * * * *
    (d) * * *
    (17) The name of an agent for service of process located in the
United States. Service on this agent constitutes service on you or any
of your officers or employees for any action by EPA or otherwise by the
United States related to the requirements of this part.
* * * * *
 [FR Doc. E6-14429 Filed 8-29-06; 8:45 am]

BILLING CODE 6560-50-P


shoreline erosion rates and could promote revegetation of some shallow
shoreline areas that could further reduce erosion over time. This
change would not result in any material adverse impacts to water
quality. In hot dry years, higher water levels in late summer and early
fall would make more water available for releases to maintain
downstream DO and avoid fish kills. During any periods of declared
severe to exceptional drought, GRDA's proposed Drought Plan would
provide additional protection for downstream water quality. A reduction
in water level fluctuations in Grand Lake should have positive effects
on fisheries and other aquatic resources by providing more stable
shallow-water habitat and cover, especially for juvenile fishes, and
through increased plant growth and establishment in wetland areas,
including emergent and submerged vegetation. Fish occupying the project
tailwater and river downstream would likely benefit from water quality
improvements in hot, dry years and during any declared severe to
exceptional drought as discussed above.
    Higher elevations at Grand Lake in late summer and early fall would
provide a significant benefit to recreation by increasing the water
surface area available for boating, improving access at public and
private launching facilities, and likely decreasing shallow-water
boating hazards. Higher seasonal water elevations would likely provide
minor aesthetic improvements in some areas that were dewatered and
devoid of vegetation in the past.
    While we have not identified any definitive significant short-term
or long-term negative effects to resources that would likely occur with
operation under the proposed rule curve, commenters have expressed
concern regarding flooding effects and affects to cultural and historic
resources.
    Flood-related issues. As discussed earlier, most flood-related
issues raised by commenters in this proceeding were reviewed during the
Commission's processing of GRDA's temporary variance requests in 2015
and 2016 which involved the same changes in reservoir elevations.
Staff's findings on the flood-related issues were presented in the
temporary variance orders. In the Water Quantity section above, staff
summarizes those findings that would allow the same rule curve change
each year for the remaining term of the license. To the extent
commenters address flooding concerns that are not related to the
pending amendment, the Commission will perform a comprehensive review
of the project and any proposed future operation in the upcoming
relicensing proceeding. That proceeding is the appropriate forum to
identify and address issues that are separate from GRDA's amendment
application.
    Cultural and historic resource protection. We found in our analysis
that the proposed permanent rule curve change would occur within the
project's existing fluctuation limits and therefore, would be unlikely
to affect any new lands. No land-clearing or land-disturbing activities
would be required for this amendment. In addition, less fluctuating
water levels should reduce the chances of erosion affecting cultural or
historic resources in near-shore areas. Cultural and historic
properties located on or near the shoreline would potentially be
inundated for a longer period during the amendment, providing more
cover and helping to prevent exposure. If anything, keeping water
levels higher during the late summer and early fall period, when more
people are present, would reduce the potential for artifact collection
or looting. GRDA's agreement to prepare specific plans in consultation
with the Oklahoma SHPO and Oklahoma AS if either agency determines that
historic properties might be affected would further protect cultural
and historic resources.
7.1.1 Staff-Recommended Measures
    Along with its proposed changes to the rule curve, GRDA proposes a
Storm Plan that would provide for assessment of risks of upstream and
downstream flooding during high precipitation events and a process to
proactively and collaboratively manage these events. A Storm Plan was
in place during the 2015 and 2016 temporary variance periods, and was
successful in aiding communication related to high precipitation events
within the basin and managing project facilities during those events.
Under the current proposal, the Storm Plan would be in effect each year
for the remainder of the license period. We recommend that any approval
of GRDA's proposed amendment incorporate the Storm Plan.
    GRDA also proposes a Drought Plan that would help protect
downstream water quality and fisheries, as well as generation at its
downstream Markham Ferry Project and Salina Pumped Storage Project if a
severe to exceptional drought is declared and reservoir elevations fall
below the rule curve. The Drought Plan would be in effect each year for
the remainder of the license period. We recommend that any approval of
GRDA's proposal incorporate the Drought Plan.

    We recommend that any approval of GRDA's proposal incorporate the
annual reporting requirement that is a condition of Oklahoma DEQ's June
30, 2016 401 certification. The requirement should mirror paragraph (E)
of the Commission's August 12, 2016 order approving the temporary rule
curve variance for 2016, which required GRDA to notify Oklahoma DEQ, at
the same time it notifies other agencies pursuant to DO mitigation
plans approved under Article 403, of any significant DO deficiencies or
DO mitigation, so that Oklahoma DEQ can track GRDA's progress in
maintaining state water quality standards. In addition to Oklahoma
DEQ's ongoing annual reporting requirement, Oklahoma DEQ also included
three other mandatory WQC conditions: (1) that the certification does
not authorize any discharge or dredging; (2) that the reservoir be
maintained between elevations 742 and 744 feet as requested by GRDA;
and (3) that emergency and routine maintenance will be as permitted by
the Corps. We have no objections to these conditions being added to the
license in any order approving the proposed amendment.

7.2 Consistency With Comprehensive Plans

    Section 10(a)(2) of the FPA, 16 U.S.C. 803(a)(2)(A), requires the
Commission to consider the extent to which a project is consistent with
federal or state comprehensive plans for improving, developing, or
conserving a waterway or waterways affected by the project. We reviewed
6 qualifying comprehensive plans that are applicable to the proposed
action at the Pensacola Project No. 1494, located in Oklahoma. The
proposed action is consistent with all of the reviewed comprehensive
plans.
Oklahoma
Department of the Army, Corps of Engineers. Little Rock District and
Tulsa District. 1991. Arkansas River Basin, Arkansas and Oklahoma,
feasibility report. Little Rock, Arkansas, and Tulsa, Oklahoma. May
1991.
Oklahoma Department of Wildlife Conservation. U.S. Fish and Wildlife
Service. 1989. Eastern Oklahoma wetlands plan: Lower Mississippi Valley
joint venture--North American waterfowl management plan. Oklahoma City,
Oklahoma. August 1989.
Oklahoma Water Resources Board. 1997. Update of the Oklahoma
comprehensive water plan. Publication Number 139. Oklahoma City,
Oklahoma. February 1997.
Oklahoma Water Resources Board. 2002. Oklahoma's water quality
standards and implementation of Oklahoma's water quality standards.
Oklahoma Administrative Code, Title 785, Chapters 45 and 46 effective
July 1, 2002. Oklahoma City, Oklahoma.
Oklahoma Tourism & Recreation Department. 2001 Statewide Comprehensive
Outdoor Recreation Plan (SCORP): The public recreation estate. Oklahoma
City, Oklahoma.
United States
U.S. Fish and Wildlife Service. 1989. Fisheries USA: The recreational
fisheries policy of the U.S. Fish and Wildlife Service. Washington, DC.

8.0 Finding of No Significant Impact

    Based on information, analysis, and evaluations contained in this
EA, we find that approval of the proposed rule curve amendment, to
include the mandatory conditions stipulated by Oklahoma DEQ in its 401
certification, would not constitute a major federal action
significantly affecting the quality of the human environment.

9.0 Literature Cited

FERC (Federal Energy Regulatory Commission). 2009. Environmental
Assessment for shoreline management plan for the Pensacola Project,
issued August 14, 2009. Federal Energy Regulatory Commission,
Washington, DC.
FERC. 2007. Final Environmental Assessment for application for non-
project use of project lands and waters (commercial marina) at the
Pensacola Project, issued October 18, 2007. Federal Energy
Regulatory Commission, Washington, DC.
FERC. 1996. Environmental Assessment for application for amendment
of license to modify rule curve, issued December 3, 1996. Federal
Energy Regulatory Commission, Washington, DC.
FERC. 1991. Environmental Assessment for licensing of Pensacola
Project, issued November 19, 1991. Federal Energy Regulatory
Commission, Washington, DC.
GRDA (Grand River Dam Authority). 2016. Application for non-capacity
amendment of license, including possible temporary variance for 2016
for the Pensacola Project. Dated and filed May 6, 2016.
GRDA (Grand River Dam Authority). 2015. Recreation plan monitoring
report for the Pensacola Project. Dated and filed April 1, 2015.
GRDA. 2008a. Application for shoreline management plan for the
Pensacola Project. Filed July 21, 2008; as cited in FERC 2009.
GRDA. 2008b. Environmental assessment of habitable structures on
Grand Lake. Filed December 23, 2008; as cited in FERC 2009.
Oklahoma WRB (Oklahoma Water Resources Board). 2012. Grand Watershed
Planning Report. Versions 1.1. OWRB, Oklahoma City. https://www.owrb.ok.gov/supply/ocwp/pdf_ocwp/WaterPlanUpdate/regionalreports/OCWP_Grand_Region_Report.pdf. Accessed December 20,
2016.
Oklahoma WRB. 2009. Hydrographic Survey of Grand Lake: Final Report.
Dated August 19, 2009. Available at: https://www.owrb.ok.gov/
studies/reports/reports_pdf/GrandLake_hydrographicsurvey.pdf.
Accessed November 28, 2016.
U.S. Department of the Interior, Bureau of Reclamation. 1988.
Assistant Commissioner, Engineering and Research Technical
Memorandum No. 11 (ACER 11), Downstream Hazard Classification
Guidelines. December 1988.
USGS (United States Geological Survey). 2016. Data collected at USGS
gage 07190500 Neosho River Near Langley, OK. Available at: http://nwis.waterdata.usgs.gov/ok/nwis/uv?site_no=07190500. Accessed
November 28, 2016.
USGS. 2016. Figure available at: http://goto.arcgisonline.com/maps/World_Topo_Map. Accessed November 25, 2016.
Environmental Systems Research Institute: Geographic Information
Systems (ESRI-GIS). 2016. National Hydrography Dataset. Available
at: http://nhd.usgs.gov/. Accessed November 25, 2016.

10.0 List of Preparers

Mark Carter--Recreation, Land Use and Aesthetics (Environmental
Biologist; B.S. Fisheries Science; M.S. Natural Resources and
Environmental Sciences)
Jeremy Jessup, PE--Water Quantity and Flows (Civil Engineer; B.S.
and M.S. Civil and Infrastructure Engineering)
Rebecca Martin--Terrestrial Resources, Wetlands, and Endangered
Species (Environmental Biologist; B.S. Environmental Earth Science;
M.S. Biology)
Kurt Powers--Cultural and Historic Resources (Wildlife Biologist;
B.A. Environmental Science and Foreign Affairs; M.S. Environmental
Science and Engineering)
James Puglisi, PE--Water Quantity and Flows (Senior Civil Engineer;
B.S. and M.S. Civil Engineering)
B. Peter Yarrington-Water Quantity and Quality, Fisheries and
Aquatic Resources (Fisheries Biologist; B.S. Aquatic Ecology, M.S.
Fisheries Science and Taxonomy)

[FR Doc. 2017-00566 Filed 1-11-17; 8:45 am]
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[Federal Register: December 10, 2008 (Volume 73, Number 238)]
[Notices]
[Page 75097-75099]
[DOCID:fr10de08-48]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2003-0200; FRL-8389-8]

Fenamiphos; Amendment to Use Deletion and Product Cancellation
Order

AGENCY:  Environmental Protection Agency (EPA).

ACTION:  Notice.

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

SUMMARY:  This notice announces EPA's amendment to the order for the
cancellation of products, voluntarily requested by the registrant and
accepted by the Agency, of products containing the pesticide
fenamiphos, pursuant to section 6(f)(1) of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA), as amended. This amendment
follows a June 11, 2008 Federal Register Amendment to Use Deletion and
Product Cancellation Order which extended the deadline for persons
other than the registrant to sell and distribute two fenamiphos
products, Nemacur 10% Turf and Ornamental Nematicide (EPA Reg. No. 432-
1291) and Nemacur 3 Emulsifiable Systemic Insecticide-Nematicide (EPA
Reg. No. 264-731), from May 31, 2008, until November 30, 2008. These
are the last fenamiphos products registered for use in the United
States. The Agency subsequently received a request from an end user to
extend the sale and distribution deadline for Nemacur 3. The Agency
will extend the deadline for persons other than the registrant to sell
and distribute Nemacur 3 Emulsifiable Systemic Insecticide-Nematicide
(EPA Reg. No. 264-731) until March 31, 2009.

DATES:  This amendment is effective December 10, 2008.

FOR FURTHER INFORMATION CONTACT:  Eric Miederhoff, Special Review and
Reregistration Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general, and may be of
interest to a wide range of stakeholders including environmental, human
health, and agricultural advocates; the chemical industry; pesticide
users; and members of the public interested in the sale, distribution,
or use of pesticides. Since others also may be interested, the Agency
has not attempted to describe all the specific entities that may be
affected by this action. If you have any questions regarding the
applicability of this action to a particular entity, consult the person
listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Copies of this Document and Other Related Information?

    1. Docket. EPA has established a docket for this action under
docket identification (ID) number EPA-HQ-OPP-2003-0200. Publicly
available docket materials are available either in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the Office of Pesticide Programs (OPP) Regulatory Public
Docket in Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal
Dr., Arlington, VA. The hours of operation of this Docket Facility are
from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal
holidays. The Docket Facility telephone number is<PHONE_NUMBER>.
    2. Electronic access. You may access this Federal Register document
electronically through the EPA Internet under the Federal Register
listings athttp://www.epa.gov/fedrgstr.

II. What Action is the Agency Taking?

    This notice announces the amendment of the June 11, 2008 amendment
to the use deletion and product cancellation order of fenamiphos
products registered under section 3 of FIFRA. The affected registration
is listed by registration number in Table 1 of this unit.

                  Table 1.--Fenamiphos Product Affected
------------------------------------------------------------------------
          EPA Registration Number                   Product Name
------------------------------------------------------------------------
264-731                                     Nemacur 3 Emulsifiable
                                             Systemic Insecticide-
                                             Nematicide
------------------------------------------------------------------------

    Table 2 of this unit includes the name and address of record for
the registrant of the product in Table 1 of this unit, by EPA company
number.

                Table 2.--Registrant of Affected Products
------------------------------------------------------------------------
            EPA Company Number                Company Name and Address
------------------------------------------------------------------------
264                                         Bayer CropScience
                                            2 T.W. Alexander Drive
                                            P.O. Box 12014
                                            Research Triangle Park, NC
                                             27709
------------------------------------------------------------------------

    On December 10, 2003, EPA published a Use Deletion and Product
Cancellation Order (68 FR 68901) (FRL-7332-5). The order prohibited,
among other things, the manufacture and distribution of fenamiphos by
Bayer Corporation, the sole technical ingredient registrant, after May
31, 2007. The deadline established for Bayer Corporation followed a
production cap on the manufacture of fenamiphos, which limited
fenamiphos production to 500,000 pounds of active ingredient for the
year ending May 31, 2003, and reduced production by 20% each subsequent
year during the 5-year phase-out period. The order also prohibited the
sale and distribution of fenamiphos by persons other than the
registrant after May 31, 2008.
    In a June 11, 2008 Federal Register Amendment to Use Deletion and
Product Cancellation Order, the Agency extended the May 31, 2008
deadline through November 30, 2008. This action was taken in response
to a request from the sole fenamiphos technical registrant, Bayer
Environmental Science, to extend the deadline to allow distributors to
sell existing stockpiles of Nemacur 10% Turf and Ornamental Nematicide
(EPA Reg. No. 432-1291) and Nemacur 3 Emulsifiable Systemic
Insecticide-Nematicide (EPA Reg. No. 264-731) to end users.
    On November 19, 2008, the Agency received a request from an end
user, Maui Pineapple, to extend the deadline for sale and distribution
of Nemacur 3 Emulsifiable Systemic Insecticide-Nematicide (EPA Reg. No.
264-731) from November 30, 2008, to March 31, 2009. The request stated
that due to a substantial decrease in production, the end user would be
unable to utilize their existing stocks of Nemacur 3. They requested
the extension to enable them to sell their Nemacur 3 to a distributor
who would in turn, sell and distribute the material to other end users.
    In the case of fenamiphos, the original May 31, 2008 deadline was
established to provide a reasonable amount of time for the material to
work through the channels of trade following the cessation of sale and
distribution of fenamiphos products by the registrant, Bayer
Environmental Science, on May 31, 2007. Extending the deadline for
distributors to sell and distribute Nemacur 3 Emulsifiable Systemic
Insecticide-Nematicide will neither conflict with the Agency's
application of the guidelines outlined in PR Notice 97-7, nor will it
introduce more fenamiphos into the pesticide use cycle than had been
stipulated by the terms of the 5-year phase-out. Allowing additional
time for distributors to sell the Nemacur 3 to end users will ensure
that this product is utilized in accordance with the approved labeling
requirements. Today's action extends the deadline for persons other
than the registrant to sell and distribute Nemacur 3 Emulsifiable
Systemic Insecticide-Nematicide (EPA Reg. No. 264-731) for 4 months,
until March 31, 2009. End users with existing stocks of products
containing fenamiphos may continue to use these products until their
stocks are exhausted, provided that the use complies with EPA-approved
product label requirements for the respective products.

III. Amended Order

    Pursuant to FIFRA section 6(a), EPA hereby amends the June 11, 2008
order to allow persons other than the registrant to sell and distribute
the fenamiphos product identified in Table 1 of Unit II., until March
31, 2009. Accordingly, the Agency hereby orders that the sale and
distribution of products containing fenamiphos is prohibited provided,
however, that persons other than the registrant are permitted to sell
and distribute existing stocks of Nemacur 3 Emulsifiable Systemic
Insecticide-Nematicide (EPA Reg. No. 264-731) until March 31, 2009. The
Agency further orders that end users with existing stocks of products
containing fenamiphos may continue to use these products until their
stocks are exhausted, provided that the use complies with EPA-approved
product label requirements for the respective products.

IV. What is the Agency's Authority for Taking this Action?

    Section 6(a)(1) of FIFRA provides that the Administrator may permit
the continued sale and use of existing stocks of a pesticide whose
registration is suspended or canceled under this section, or section 3
or 4, to such extent, under such conditions, and for such uses as the
Administrator determines that such sale or use is not inconsistent with
the purposes of this Act.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: November 25, 2008.
Steven Bradbury,
Director, Special Review and Reregistration Division, Office of
Pesticide Programs.

[FR Doc. E8-29223 Filed 12-9-08; 8:45 am]

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