[Federal Register Volume 76, Number 20 (Monday, January 31, 2011)]
[Notices]
[Pages 5425-5427]
[FR Doc No: 2011-2091]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2010-0385]

Qualification of Drivers; Exemption Applications; Vision

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to exempt 24 individuals from the
vision requirement in the Federal Motor Carrier Safety Regulations
(FMCSRs). The exemptions will enable these individuals to operate
commercial motor vehicles (CMVs) in interstate commerce without meeting
the prescribed vision standard. The Agency has concluded that granting
these exemptions will provide a level of safety that is equivalent to,
or greater than, the level of safety maintained without the exemptions
for these CMV drivers.

DATES: The exemptions are effective January 31, 2011. The exemptions
expire on January 31, 2013.

FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director, Medical
Programs,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA, Department of
Transportation, 1200 New Jersey Avenue, SE., Room W64-224, Washington,
DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m. Monday through
Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Electronic Access

    You may see all the comments online through the Federal Document
Management System (FDMS) at http://www.regulations.gov.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The FDMS is available 24 hours each day, 365
days each year. If you want acknowledgment that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the acknowledgement page that appears after submitting
comments on-line.
    Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review DOT's Privacy Act Statement for the FDMS published in
the Federal Register on January 17, 2008 (73 FR 3316), or you may visit
http://edocket.access.gpo.gov/2008/pdf/E8-785.pdf.

Background

    On December 14, 2010, FMCSA published a notice of receipt of
exemption applications from certain individuals, and requested comments
from the public (75 FR 77942). That notice listed 24 applicants' case
histories. The 24 individuals applied for exemptions from the vision
requirement in 49 CFR 391.41(b)(10), for drivers who operate CMVs in
interstate commerce.
    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
for a 2-year period if it finds ``such exemption would likely achieve a
level of safety that is equivalent to, or greater than, the level that
would be achieved absent such exemption.'' The statute also allows the
Agency to renew exemptions at the end of the 2-year period.
Accordingly, FMCSA has evaluated the 24 applications on their merits
and made a determination to grant exemptions to each of them.

Vision and Driving Experience of the Applicants

    The vision requirement in the FMCSRs provides:
    A person is physically qualified to drive a commercial motor
vehicle if that person has distant visual acuity of at least 20/40
(Snellen) in each eye without corrective lenses or visual acuity
separately corrected to 20/40 (Snellen) or better with corrective
lenses, distant binocular acuity of a least 20/40 (Snellen) in both
eyes with or

without corrective lenses, field of vision of at least 70[deg] in the
horizontal meridian in each eye, and the ability to recognize the
colors of traffic signals and devices showing standard red, green, and
amber (49 CFR 391.41(b)(10)).
    FMCSA recognizes that some drivers do not meet the vision standard,
but have adapted their driving to accommodate their vision limitation
and demonstrated their ability to drive safely. The 24 exemption
applicants listed in this notice are in this category. They are unable
to meet the vision standard in one eye for various reasons, including
amblyopia, complete loss of vision, retinal detachment, macular
degeneration, aphakia, corneal scarring, traumatic neuropathy, optic
neuropathy, macular scarring, displaced pupil, and prosthesis. In most
cases, their eye conditions were not recently developed. 17 of the
applicants were either born with their vision impairments or have had
them since childhood. The 7 individuals who sustained their vision
conditions as adults have had them for periods ranging from 9 to 45
years.
    Although each applicant has one eye which does not meet the vision
standard in 49 CFR 391.41(b)(10), each has at least 20/40 corrected
vision in the other eye, and in a doctor's opinion, has sufficient
vision to perform all the tasks necessary to operate a CMV. Doctors'
opinions are supported by the applicants' possession of valid
commercial driver's licenses (CDLs) or non-CDLs to operate CMVs. Before
issuing CDLs, States subject drivers to knowledge and skills tests
designed to evaluate their qualifications to operate a CMV.
    All of these applicants satisfied the testing standards for their
State of residence. By meeting State licensing requirements, the
applicants demonstrated their ability to operate a commercial vehicle,
with their limited vision, to the satisfaction of the State. While
possessing a valid CDL or non-CDL, these 24 drivers have been
authorized to drive a CMV in intrastate commerce, even though their
vision disqualified them from driving in interstate commerce. They have
driven CMVs with their limited vision for careers ranging from 3\1/2\
to 50 years. In the past 3 years, 6 of the drivers were involved in
crashes or convicted of moving violations in a CMV.
    The qualifications, experience, and medical condition of each
applicant were stated and discussed in detail in the December 14, 2010
notice (75 FR 77942).

Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the vision standard in 49 CFR 391.41(b)(10) if the exemption is
likely to achieve an equivalent or greater level of safety than would
be achieved without the exemption. Without the exemption, applicants
will continue to be restricted to intrastate driving. With the
exemption, applicants can drive in interstate commerce. Thus, our
analysis focuses on whether an equal or greater level of safety is
likely to be achieved by permitting each of these drivers to drive in
interstate commerce as opposed to restricting him or her to driving in
intrastate commerce.
    To evaluate the effect of these exemptions on safety, FMCSA
considered not only the medical reports about the applicants' vision,
but also their driving records and experience with the vision
deficiency.
    To qualify for an exemption from the vision standard, FMCSA
requires a person to present verifiable evidence that he/she has driven
a commercial vehicle safely with the vision deficiency for the past 3
years. Recent driving performance is especially important in evaluating
future safety, according to several research studies designed to
correlate past and future driving performance. Results of these studies
support the principle that the best predictor of future performance by
a driver is his/her past record of crashes and traffic violations.
Copies of the studies may be found at Docket Number FMCSA-1998-3637.
    We believe we can properly apply the principle to monocular
drivers, because data from the Federal Highway Administration's (FHWA)
former waiver study program clearly demonstrate the driving performance
of experienced monocular drivers in the program is better than that of
all CMV drivers collectively (See 61 FR 13338, 13345, March 26, 1996).
The fact that experienced monocular drivers demonstrated safe driving
records in the waiver program supports a conclusion that other
monocular drivers, meeting the same qualifying conditions as those
required by the waiver program, are also likely to have adapted to
their vision deficiency and will continue to operate safely.
    The first major research correlating past and future performance
was done in England by Greenwood and Yule in 1920. Subsequent studies,
building on that model, concluded that crash rates for the same
individual exposed to certain risks for two different time periods vary
only slightly (See Bates and Neyman, University of California
Publications in Statistics, April 1952). Other studies demonstrated
theories of predicting crash proneness from crash history coupled with
other factors. These factors--such as age, sex, geographic location,
mileage driven and conviction history--are used every day by insurance
companies and motor vehicle bureaus to predict the probability of an
individual experiencing future crashes (See Weber, Donald C.,
``Accident Rate Potential: An Application of Multiple Regression
Analysis of a Poisson Process,'' Journal of American Statistical
Association, June 1971). A 1964 California Driver Record Study prepared
by the California Department of Motor Vehicles concluded that the best
overall crash predictor for both concurrent and nonconcurrent events is
the number of single convictions. This study used 3 consecutive years
of data, comparing the experiences of drivers in the first 2 years with
their experiences in the final year.
    Applying principles from these studies to the past 3-year record of
the 24 applicants, four of the applicants were convicted for a moving
violation and three of the applicants were involved in a crash. All the
applicants achieved a record of safety while driving with their vision
impairment, demonstrating the likelihood that they have adapted their
driving skills to accommodate their condition. As the applicants' ample
driving histories with their vision deficiencies are good predictors of
future performance, FMCSA concludes their ability to drive safely can
be projected into the future.
    We believe that the applicants' intrastate driving experience and
history provide an adequate basis for predicting their ability to drive
safely in interstate commerce. Intrastate driving, like interstate
operations, involves substantial driving on highways on the interstate
system and on other roads built to interstate standards. Moreover,
driving in congested urban areas exposes the driver to more pedestrian
and vehicular traffic than exists on interstate highways. Faster
reaction to traffic and traffic signals is generally required because
distances between them are more compact. These conditions tax visual
capacity and driver response just as intensely as interstate driving
conditions. The veteran drivers in this proceeding have operated CMVs
safely under those conditions for at least 3 years, most for much
longer. Their experience and driving records lead us to believe that
each applicant is capable of operating in interstate commerce as safely
as he/she has been performing in intrastate

commerce. Consequently, FMCSA finds that exempting these applicants
from the vision standard in 49 CFR 391.41(b)(10) is likely to achieve a
level of safety equal to that existing without the exemption. For this
reason, the Agency is granting the exemptions for the 2-year period
allowed by 49 U.S.C. 31136(e) and 31315 to the 24 applicants listed in
the notice of December 14, 2010 (75 FR 77942).
    We recognize that the vision of an applicant may change and affect
his/her ability to operate a CMV as safely as in the past. As a
condition of the exemption, therefore, FMCSA will impose requirements
on the 24 individuals consistent with the grandfathering provisions
applied to drivers who participated in the Agency's vision waiver
program.
    Those requirements are found at 49 CFR 391.64(b) and include the
following: (1) That each individual be physically examined every year
(a) by an ophthalmologist or optometrist who attests that the vision in
the better eye continues to meet the standard in 49 CFR 391.41(b)(10),
and (b) by a medical examiner who attests that the individual is
otherwise physically qualified under 49 CFR 391.41; (2) that each
individual provide a copy of the ophthalmologist's or optometrist's
report to the medical examiner at the time of the annual medical
examination; and (3) that each individual provide a copy of the annual
medical certification to the employer for retention in the driver's
qualification file, or keep a copy in his/her driver's qualification
file if he/she is self-employed. The driver must also have a copy of
the certification when driving, for presentation to a duly authorized
Federal, State, or local enforcement official.

Discussion of Comments

    FMCSA received one comment in this proceeding. The comment was
considered and discussed below.
    The Pennsylvania Department of Transportation stated that it was in
favor of granting a Federal vision exemption to Bobby Sawyers.

Conclusion

    Based upon its evaluation of the 24 exemption applications, FMCSA
exempts, Gary S. Alvarez, Wayne D. Bost, James M. Brasher, Marcus L.
Conner, Joseph L. Dahlman, Brett K. Hasty, Fredrick A. Irby, Matthew B.
Lairamore, Garry D. Layton, Boynton L. Manuel, Anthony W. Miller,
Wesley G. Moore, Rocky Moorhead, Gary J. Peterson, Bernard J. Phillips,
Michael J. Roberts, Alvaro F. Rodriguez, Bobby W. Sawyers, Lynn R.
Schraeder, John R. Shaver, Myron A. Smith, Ricky L. Watts, Cameron R.
Whitford, and Olen L. Williams, Jr. from the vision requirement in 49
CFR 391.41(b)(10), subject to the requirements cited above (49 CFR
391.64(b)).
    In accordance with 49 U.S.C. 31136(e) and 31315, each exemption
will be valid for 2 years unless revoked earlier by FMCSA. The
exemption will be revoked if: (1) The person fails to comply with the
terms and conditions of the exemption; (2) the exemption has resulted
in a lower level of safety than was maintained before it was granted;
or (3) continuation of the exemption would not be consistent with the
goals and objectives of 49 U.S.C. 31136 and 31315.
    If the exemption is still effective at the end of the 2-year
period, the person may apply to FMCSA for a renewal under procedures in
effect at that time.

    Issued on: January 26, 2011.
Larry W. Minor,
Associate Administrator, Office of Policy.
[FR Doc. 2011-2091 Filed 1-28-11; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 79, Number 150 (Tuesday, August 5, 2014)]
[Notices]
[Pages 45443-45444]
[FR Doc No: 2014-18467]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-R10-OAR-2013-0788; FRL-9914-65-OEI]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; Federal Implementation Plans Under the Clean
Air Act for Indian Reservations in Idaho, Oregon, and Washington
(Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency has submitted an
information collection request (ICR), Federal Implementation Plans
under the Clean Air Act for Indian Reservations in Idaho, Oregon, and
Washington (EPA ICR No. 2020.06, OMB Control No. 2060-0558) to the
Office of Management

and Budget (OMB) for review and approval in accordance with the
Paperwork Reduction Act (44 U.S.C. 3501 et seq.). This is a proposed
extension of the ICR, which is currently approved through August 31,
2014. Public comments were previously requested via the Federal
Register (79 FR 14704) on March 17, 2014 during a 60-day comment
period. This notice allows for an additional 30 days for public
comments. A fuller description of the ICR is given below, including its
estimated burden and cost to the public. 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.

DATES: Additional comments may be submitted on or before September 4,
2014.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2013-0788, to (1) EPA online using www.regulations.gov (our
preferred method), by email to<EMAIL_ADDRESS>or by mail to:
Paul Koprowski, Environmental Protection Agency Region 10, Office of
Air, Waste and Toxics, Oregon Operations Office, 805 SW Broadway, Suite
500, Portland, OR 97205; and (2) OMB by mail to: Office of Information
and Regulatory Affairs, Office of Management and Budget (OMB),
Attention: Desk Officer for EPA, 725 17th Street NW., Washington, DC
20503.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Paul Koprowski, Environmental
Protection Agency Region 10, Office of Air, Waste and Toxics, Oregon
Operations Office, 805 SW Broadway, Suite 500, Portland, OR, 97205;
telephone number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; email
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Supporting documents, which explain in
detail the information that the EPA will be collecting, are available
in the public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, WJC West,
Room 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Abstract: EPA promulgated Federal Implementation Plans (FIPs) under
the Clean Air Act for Indian reservations located in Idaho, Oregon, and
Washington in 40 CFR part 49 (70 FR 18074, April 8, 2005). The FIPs in
the final rule, also referred to as the Federal Air Rules for Indian
Reservations in Idaho, Oregon, and Washington (FARR), include
information collection requirements associated with the fugitive
particulate matter rule in Sec.  49.126, the woodwaste burner rule in
Sec.  49.127; the rule for limiting sulfur in fuels in Sec.  49.130;
the rule for open burning in Sec.  49.131; the rules for general open
burning permits, agricultural burning permits, and forestry and
silvicultural burning permits in Sec. Sec.  49.132, 49.133, and 49.134;
the registration rule in Sec.  49.138; and the rule for non-Title V
operating permits in Sec.  49.139. EPA uses this information to manage
the activities and sources of air pollution on the Indian reservations
in Idaho, Oregon, and Washington. EPA believes these information
collection requirements are appropriate because they will enable EPA to
develop and maintain accurate records of air pollution sources and
their emissions, track emissions trends and changes, identify potential
air quality problems, allow EPA to issue permits or approvals, and
ensure appropriate records are available to verify compliance with
these FIPs. The information collection requirements listed above are
all mandatory. Regulated entities can assert claims of business
confidentiality and EPA will address these claims in accordance with
the provisions of 40 CFR part 2, subpart B.
    Respondents/Affected Entities: Entities potentially affected by
this action include owners and operators of emission sources in all
industry groups and tribal, federal, and local governments, located on
the identified Indian reservations.
    Obligation to Respond: Mandatory.
    Estimated Number of Respondents: 1,681.
    Frequency of Response: Annual and on occasion.
    Estimated Total Annual Hour Burden: 5,069. Burden is defined at 5
CFR 1320.03(b).
    Estimated Total Annual Cost: $330,752. This includes an estimated
labor cost of $330,752, and no capital investment and operation and
maintenance costs.
    Changes in the estimates: There is a decrease of 1,176 hours in the
total estimated burden currently identified in the OMB Inventory of
Approved ICR Burdens. This decrease is the result of a number of
changes. It reflects adjustments to the burden estimates for this
collection using consultation input, historical data, and experience
with implementing the FARR. Some components of the burden estimates
increased and some components decreased. In most cases, the burden
estimates decreased based on input from the source consultations. For
some provisions the estimates of the number of respondents decreased.
Some estimates changed based on additional information EPA has gained
through implementing the rules.

Spencer W. Clark,
Acting Director, Collection Strategies Division.
[FR Doc. 2014-18467 Filed 8-4-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: August 5, 2008 (Volume 73, Number 151)]
[Notices]
[Page 45506-45508]
[DOCID:fr05au08-97]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58251; File No. SR-FINRA-2008-041]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing and Immediate Effectiveness of
Proposed Rule Change Relating To Making the Portfolio Margin Pilot
Permanent

July 30, 2008.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on July 25, 2008, Financial Industry Regulatory Authority, Inc.
(``FINRA'') (f/k/a National Association of Securities Dealers, Inc.
(``NASD'')) filed with the Securities and Exchange Commission (``SEC''
or ``Commission'') the proposed rule change as described in Items I,
II, and III below, which Items have been substantially prepared by
FINRA. FINRA has designated the proposed rule change as constituting a
``non-controversial'' rule change under paragraph (f)(6) of Rule 19b-4
under the Act,\3\ which renders the proposal effective upon receipt of
this filing by the Commission. The Commission is publishing this notice
to solicit comments on the proposed rule change from interested
persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    FINRA proposes to make permanent the portfolio margin pilot program
set forth in NASD Rule 2520(g) and Incorporated NYSE Rule 431(g).\4\
The

portfolio margin pilot program permits members to margin certain
products according to a prescribed portfolio margin methodology and is
set to expire on July 31, 2008. There is no change to the rule text
with this proposed rule change.
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    \4\ The current FINRA rulebook consists of two sets of rules:
(1) NASD Rules and (2) rules incorporated from NYSE (``Incorporated
NYSE Rules''). While the NASD Rules generally apply to all FINRA
members, the Incorporated NYSE Rules apply only to members of both
FINRA and the NYSE, referred to as Dual Members.
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II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, FINRA included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. FINRA has prepared summaries, set forth in sections A,
B, and C below, of the most significant aspects of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    On February 12, 2007, FINRA (then known as NASD) filed SR-NASD-
2007-013 for immediate effectiveness to establish a portfolio margin
pilot program that permits member firms to elect to margin certain
products according to a prescribed portfolio margin methodology.\5\ The
portfolio margin pilot program is substantially similar to margin rule
amendments by the NYSE and the Chicago Board Options Exchange
(``CBOE''), which were approved by the Commission.\6\ Consistent with
the amended NYSE and CBOE portfolio margin programs, the pilot, as
proposed in SR-NASD-2007-013, started on April 2, 2007 and ended on
July 31, 2007. The pilot program was extended for a one-year period to
July 31, 2008, also consistent with the NYSE and CBOE portfolio margin
programs.\7\
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    \5\ See Exchange Act Release No. 55471 (March 14, 2007), 72 FR
13149 (March 20, 2007) (Notice of Filing and Immediate Effectiveness
of SR-NASD-2007-013).
    \6\ See Exchange Act Release No. 54918 (December 12, 2006), 71
FR 75790 (December 18, 2006) (SR-NYSE-2006-13, relating to further
amendments to the NYSE's portfolio margin pilot program); Exchange
Act Release No. 54125 (July 11, 2006), 71 FR 40766 (July 18, 2006)
(SR-NYSE-2005-93, relating to amendments to the NYSE's portfolio
margin pilot program); Exchange Act Release No. 52031 (July 14,
2005) 70 FR 42130 (July 21, 2005) (SR-NYSE-2002-19, relating to the
NYSE's original portfolio margin pilot). See also Exchange Act
Release No. 54919 (December 12, 2006), 71 FR 75781 (December 18,
2006) (SR-CBOE-2006-14, relating to amendments to the CBOE's
portfolio margin pilot); Exchange Act Release No. 52032 (July 14,
2005) 70 FR 42118 (July 21, 2005) (SR-CBOE-2002-03, relating to the
CBOE's original portfolio margin pilot).
    \7\ See Exchange Act Release No. 56108 (July 19, 2007) 72 FR
41375 (July 27, 2007) (Notice of Filing and Immediate Effectiveness
of SR-NASD-2007-045). See also Exchange Act Release No. 56107 (July
19, 2007) 72 FR 41377 (July 27, 2007) (Notice of Filing and
Immediate Effectiveness of SR-NYSE-2007-56, relating to extension of
the NYSE portfolio margin pilot program to July 31, 2008) and
Exchange Act Release No. 56109 (July 19, 2007) 72 FR 41365 (July 27,
2007) (Notice of Filing and Immediate Effectiveness of SR-CBOE-2007-
75, relating to extension of the CBOE portfolio margin pilot program
to July 31, 2008).
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    FINRA is proposing to make permanent the pilot program contained in
NASD Rule 2520(g) and Incorporated NYSE Rule 431(g). FINRA has not
encountered any problems or difficulties relating to the pilot program
since its inception and believes that the program better aligns margin
requirements with the actual risk of hedged products. For these
reasons, FINRA proposes to adopt the portfolio margin program on a
permanent basis.
    FINRA has filed the proposed rule change for immediate
effectiveness. The implementation date of the proposed rule change is
August 1, 2008.
2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with the
provisions of Section 15A(b)(6) of the Act,\8\ which requires, among
other things, that FINRA rules must be designed to prevent fraudulent
and manipulative acts and practices, to promote just and equitable
principles of trade, and, in general, to protect investors and the
public interest. FINRA believes making the portfolio margin program
permanent is appropriate as the program better aligns the margin
requirements with actual risk.
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    \8\ 15 U.S.C. 78o-3(b)(6).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    FINRA does not believe that the proposed rule change will result in
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    Written comments were neither solicited nor received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Because the forgoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days after the date of the filing, or such
shorter time as the Commission may designate if consistent with the
protection of investors and the public interest, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \9\ and Rule 19b-
4(f)(6) thereunder.\10\
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    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to provide the Commission
with written notice of its intent to file the proposed rule change,
along with a brief description and text of the proposed rule change,
at least five business days prior to the date of filing of the
proposed rule change, or such shorter time as designated by the
Commission. FINRA has fulfilled this requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) normally may
not become operative prior to 30 days after the date of filing.
However, Rule 19b-4(f)(6)(iii) permits the Commission to designate a
shorter time if such action is consistent with the protection of
investors and the public interest. FINRA requests that the Commission
waive the 30-day operative delay, which would make the change operative
upon filing. The Commission believes that waiving the 30-day operative
delay is consistent with the protection of investors and the public
interest because such waiver will allow the customer portfolio
margining program to continue uninterrupted as it would otherwise
expire on July 31, 2008.\11\ Accordingly, the Commission designates the
proposed rule change effective upon filing with the Commission.
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    \11\ For purposes only of waiving the operative delay for this
proposal, the Commission has considered the proposed rule's impact
on efficiency, competition and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File

Number SR-FINRA-2008-041 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090.

All submissions should refer to File Number SR-FINRA-2008-041. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/
rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room, 100 F Street,
NE., Washington, DC 20549 on official business days between the hours
of 10 a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of FINRA. All comments
received will be posted without change; the Commission does not edit
personal identifying information from submissions. You should submit
only information that you wish to make available publicly. All
submissions should refer to File Number SR-FINRA-2008-041 and should be
submitted on or before August 26, 2008.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-17890 Filed 8-4-08; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 83, Number 190 (Monday, October 1, 2018)]
[Notices]
[Pages 49383-49384]
[FR Doc No: 2018-21331]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9984-60-ORD]

Human Studies Review Board; Notification of Public Meetings

AGENCY: Environmental Protection Agency.

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA), Office of the
Science Advisor announces two separate public meetings of the Human
Studies Review Board (HSRB) to advise the Agency on the ethical and
scientific review of research involving human subjects.

DATES: A virtual public meeting will be held on Tuesday, October 23,
2018, from 1:00 p.m. to approximately 5:30 p.m. Eastern Time. A
separate, subsequent teleconference meeting is planned for Thursday,
December 13th, 2018, from 2 p.m. to approximately 3:30 p.m. Eastern
Time for the HSRB to finalize its Report of the October 23, 2018
meeting and review other possible topics.

ADDRESSES: All of these meetings will be conducted entirely by
telephone and on the internet using Adobe Connect. For detailed access
information visit the HSRB website: http://www2.epa.gov/osa/human-studies-review-board.

FOR FURTHER INFORMATION CONTACT: Any member of the public who wishes to
receive further information should contact the HSRB Designated Federal
Official (DFO), Thomas O'Farrell on telephone number<PHONE_NUMBER>;
fax number:<PHONE_NUMBER>; email address: [email protected]; or
mailing address: Environmental Protection Agency, Office of the Science
Advisor, Mail code 8105R, 1200 Pennsylvania Avenue NW, Washington, DC
20460.

SUPPLEMENTARY INFORMATION: Meeting access. These meetings will be open
to the public. The full Agenda and meeting materials will be available
at the HSRB website: http://www2.epa.gov/osa/human-studies-review-board
. For questions on document availability, or if you do not have access
to the internet, consult with the DFO, Thomas O'Farrell, listed under
FOR FURTHER INFORMATION CONTACT.
    Special accommodations. For information on access or services for
individuals with disabilities, or to request accommodation of a
disability, please contact the DFO listed under FOR FURTHER INFORMATION
CONTACT at least 10 days prior to the meeting to give EPA as much time
as possible to process your request.

How may I participate in this meeting?

    The HSRB encourages the public's input. You may participate in
these meetings by following the instructions in this section.
    1. Oral comments. To pre-register to make oral comments, please
contact the DFO, Thomas O'Farrell, listed under FOR FURTHER INFORMATION
CONTACT. Requests to present oral comments during the meeting will be
accepted up to Noon Eastern Time on Tuesday, October 16, 2018, for the
October 23, 2018 meeting and up to Noon Eastern Time on Thursday,
December 6, 2018 for the December 13, 2018 meeting. To the extent that
time permits, interested persons who have not pre-registered may be
permitted by the HSRB Chair to present oral comments during either
meeting at the designated time on the agenda. Oral comments before the
HSRB are generally limited to five minutes per individual or
organization. If additional time is available, further public comments
may be possible.
    2. Written comments. Submit your written comments prior to the
meetings. For the Board to have the best opportunity to review and
consider your comments as it deliberates, you should submit your
comments via email or Fax by Noon Eastern Time on Tuesday, October 16,
2018, for the October 23, 2018 meeting and by Noon Eastern Time on
Thursday, December 6, 2018 for the

December 13, 2018 meeting. If you submit comments after these dates,
those comments will be provided to the HSRB members, but you should
recognize that the HSRB members may not have adequate time to consider
your comments prior to their discussion. You should submit your
comments to the DFO, Thomas O'Farrell listed under FOR FURTHER
INFORMATION CONTACT. There is no limit on the length of written
comments for consideration by the HSRB.

Background

    The HSRB is a Federal advisory committee operating in accordance
with the Federal Advisory Committee Act 5 U.S.C. App. 2 section 9. The
HSRB provides advice, information, and recommendations on issues
related to scientific and ethical aspects of third-party human subjects
research that are submitted to the Office of Pesticide Programs (OPP)
to be used for regulatory purposes.
    Topic for discussion. On October 23, 2018, the Human Studies Review
Board will consider a protocol titled ``A Study for Measurement of
Potential Dermal and Inhalation Exposure During Antimicrobial
Applications Involving Immersion, Dip, and Soak'' submitted by the
Antimicrobial Exposure Assessment Task Force.
    The Agenda and meeting materials for this topic will be available
in advance of the meeting at http://www2.epa.gov/osa/human-studies-review-board.
    On December 13, 2018, the HSRB will review and finalize their draft
Final Report from the October 23, 2018 meeting, in addition to other
topics that may come before the Board. The HSRB may also discuss
planning for future HSRB meetings. The agenda and the draft report will
be available prior to the meeting at http://www2.epa.gov/osa/human-studies-review-board.
    Meeting minutes and final reports. Minutes of these meetings,
summarizing the matters discussed and recommendations made by the HSRB,
will be released within 90 calendar days of the meeting. These minutes
will be available at http://www2.epa.gov/osa/human-studies-review-board. In addition, information regarding the HSRB's Final Report, will
be found at http://www2.epa.gov/osa/human-studies-review-board or from
Thomas O'Farrell listed under FOR FURTHER INFORMATION CONTACT.

    Dated: September 19, 2018.
 Jennifer Orme-Zavaleta,
EPA Science Advisor.
[FR Doc. 2018-21331 Filed 9-28-18; 8:45 am]
 BILLING CODE 6560-50-P


45 Day Notice Version Release Date: 12/ 8/ 00 Hearing Date: 1/ 25/ 01 1 PROPOSED REGULATION ORDER AMENDMENTS TO THE CALIFORNIA ZERO EMISSION VEHICLE REGULATION Amend section 1962, title 13, California Code of Regulations, to read as follows:

§ 1962. Zero Emission Vehicle Standards for New 2003 and Subsequent Model Passenger Cars, Light Duty Trucks and Medium Duty Vehicles.

( a) ZEV Emission Standard. The Executive Officer shall certify new 2003 and subsequent model passenger cars, light duty trucks and medium duty vehicles as ZEVs if the vehicles produce zero exhaust emissions of any criteria pollutant ( or precursor pollutant) under any and all possible operational modes and conditions. Incorporation of a fuel fired heater shall not preclude a vehicle from being certified as a ZEV provided: ( 1) the fuel fired heater cannot be operated at ambient temperatures above 40oF, ( 2) the heater is demonstrated to have zero fuel evaporative emissions under any and all possible operational modes and conditions, and ( 3) the emissions of any pollutant from the fuel fired heater when operated at an ambient temperature between 68oF and 86oF do not exceed the emission standard for that pollutant for a ULEV under section 1961( a)( 1).

A vehicle that would meet the emissions standards for a ZEV except that it uses a fuelfired heater that can be operated at ambient temperatures above 40oF, that cannot be demonstrated to have zero fuel evaporative emissions under any and all possible operation modes and conditions, or that has emissions of any pollutant exceeding the emission standard for that pollutant for a ULEV under section 1961( a)( 1), shall be certified based on the emission level of the fuel fired heater.

( b) Percentage ZEV Requirements.

( 1) General Percentage ZEV Requirement. The minimum percentage ZEV requirement for each manufacturer in 2003 and subsequent model years is listed that at least 10% in the table below as the percentage of the PCs and LDT1s produced by the manufacturer and delivered for sale in California that must be ZEVs, subject to the conditions in this section 1962( b). A manufacturer's volume of PCs and LDT1s produced and delivered for sale in California will be averaged for the 1997, 1998, and 1999 model years to determine the California PC and LDT1 production volume for the 2003 to 2005 ZEV requirements. For subsequent threeyear periods following 2003 to 2005, a manufacturer's California PC and LDT1 production volume will be based on a three year average of the manufacturer's volume of PCs and LDT1s produced and delivered for sale in California in the prior fourth, fifth and sixth years ( e. g. 2006 to 2008 model year ZEV requirements will be based on California PC and LDT1 production volumes for 2000 to 2002 model years). This production averaging is used to determine ZEV requirements only, and has no effect on a manufacturer's size determination. In applying the ZEV 45 Day Notice Version Release Date: 12/ 8/ 00 Hearing Date: 1/ 25/ 01 2 requirement, a PC or LDT1 that is produced by a small volume manufacturer, but is marketed in California by another manufacturer under the other manufacturer's nameplate, shall be treated as having been produced by the marketing manufacturer.

Model Years Minimum ZEV Requirement 2003 through 2008 10 percent 2009 through 2011 11 percent 2012 through 2014 12 percent 2015 through 2017 14 percent 2018 and subsequent 16 percent ( 1)( 2) Basic Requirements for Large Volume, Intermediate Volume, Independent Low Volume, and Small Volume Manufacturers.

( A) Large Volume Manufacturers. In 2003 and subsequent through 2008 model years, a large volume manufacturer must meet at least 40% 20% of its ZEV requirement with ZEVs, full ZEV allowance vehicles, extended range HEVs, or ZEV credits generated by such vehicles, and at least another 20% with ZEVs, extended range HEVs, advanced technology PZEVs, or credits generated by such vehicles. The remainder of the large volume manufacturer's ZEV requirement may be met using partial ZEV allowance vehicles PZEVs or credits generated by such vehicles. As the ZEV requirement increases over time ( from 10% in 2003 to 16% in 2018), the maximum portion of the ZEV requirement that may be satisfied by 0.2 allowance PZEVs, or credits generated by such vehicles, is limited to 6% of the manufacturer's applicable California PC and LDT1 production volume; advanced technology PZEVs or credits generated by such vehicles may be used to meet up to one half of the manufacturer's remaining ZEV requirement.

( B) Intermediate Volume Manufacturers. In 2003 and subsequent model years, an intermediate volume manufacturer may meet its ZEV requirement with up to 100 percent partial ZEV allowance vehicles or credits generated by such vehicles.

( C) Small Volume Manufacturers and Independent Low Volume Manufacturers. A small volume manufacturer or an independent low volume manufacturer is not required to meet the percentage ZEV requirements. However, a small volume manufacturer or an independent low volume manufacturer may earn and market credits for the ZEVs, extended range HEVs or ZEV allowance vehicles PZEVs it produces and delivers for sale in California.

( 2)( 3) Counting ZEVs, Extended Range HEVs, and ZEV Allowance Vehicles PZEVs in Fleet Average NMOG Calculations. Vehicles certified as ZEVs and as full ZEV allowance vehicles shall be counted as ZEVs fFor the purposes of calculating a manufacturer's fleet average NMOG value and NMOG credits under sections 1961( b) and ( c), a vehicle certified as a ZEV or as an extended range HEV is counted as one ZEV, and a Partial ZEV allowance vehicles shall be PZEV is counted as one SULEVs certified to the 150,000 mile standards for the purpose of 45 Day Notice Version Release Date: 12/ 8/ 00 Hearing Date: 1/ 25/ 01 3 calculating a manufacturer's fleet average NMOG value and NMOG credits under sections 1961( b) and ( c), regardless of any ZEV or PZEV multipliers.

( 3)( 4) Implementation Prior to 2003 Model Year. Prior to the 2003 model year, a manufacturer that voluntarily produces vehicles meeting the ZEV emission standards applicable to 2003 and subsequent model year vehicles may certify the vehicles to those standards and requirements for purposes of calculating fleet average NMOG exhaust emission values and NMOG credits under sections 1961( b) and ( c), and for calculating ZEV credits as set forth in section 1962( d)( g).

( 4)( 5) Changes in Small Volume, Independent Low Volume, and Intermediate Volume Manufacturer Status. In 2003 and subsequent model years, if a small volume manufacturer's average California production volume exceeds 4,500 units of new PCs, LDTs, and MDVs based on the average number of vehicles produced and delivered for sale for the three previous consecutive model years, or if an independent low volume manufacturer's average California production volume exceeds 10,000 units of new PCs, LDTs, and MDVs based on the average number of vehicles produced and delivered for sale for the three previous consecutive model years, or if an intermediate volume manufacturer's average California production volume exceeds 35,000 60,000 units of new PCs, LDTs, and MDVs based on the average number of vehicles produced and delivered for sale for the three previous consecutive model years, the manufacturer shall no longer be treated as a small volume, independent low volume, or intermediate volume manufacturer, as applicable, and shall comply with the ZEV requirements for independent low volume, intermediate volume or large volume manufacturers, as applicable, beginning with the fourth sixth model year after the last of the three consecutive model years. If a manufacturer's average California production volume falls below 4,500, 10,000 or 35,000 60,000 units of new PCs, LDTs, and MDVs, as applicable, based on the average number of vehicles produced and delivered for sale for the three previous consecutive model years, the manufacturer shall be treated as a small volume, independent low volume, or intermediate volume manufacturer, as applicable, and shall be subject to the requirements for a small volume, independent low volume, or intermediate volume manufacturer beginning with the next model year. In determining small volume manufacturer status, vehicles produced by one manufacturer and marketed in California by another manufacturer under the other manufacturer's nameplate shall be treated as part of the California production volume of the sales of the marketing manufacturer.

( c) Partial and Full ZEV Allowance Vehicles ( PZEVs).

( 1) This section 1962( c) sets forth the criteria for identifying vehicles delivered for sale in California as partial or full ZEV allowance vehicles PZEVs. A partial ZEV allowance vehicle PZEV is a vehicle that is delivered for sale in California and that cannot be certified as a ZEV but qualifies for a partial PZEV allowance of at least 0.2 but less than 1.0. A full ZEV allowance vehicle is a vehicle that is delivered for sale in California and that qualifies for a ZEV allowance of 1.0. An extended range HEV is not treated as a PZEV, and is instead subject to the ZEV multipliers in section 1962( d). 45 Day Notice Version Release Date: 12/ 8/ 00 Hearing Date: 1/ 25/ 01 4 ( 2) Baseline Partial PZEV Allowance. In order for a vehicle to be eligible to receive a partial or full PZEV allowance, the manufacturer must demonstrate compliance with all of the following requirements. A qualifying vehicle will receive a baseline partial PZEV allowance of 0.2.

( A) Certify the vehicle to the 150,000 mile SULEV exhaust emission standards for PCs and LDTs in section 1961( a)( 1) ( for model years 2003 through 2006, existing SULEV intermediate compliance standards shall apply to all PZEVs);

( B) Certify the vehicle to the evaporative emission standards in section 1976( b)( 1)( E) (" zero" evaporative emissions standards);

( C) Certify that the vehicle will meet the applicable on board diagnostic requirements in section 1968.1 for 150,000 miles; and ( D) Extend the performance and defects warranty period set forth in sections 2037( b)( 2) and 2038( b)( 2) to 15 years or 150,000 miles, whichever occurs first.

( 3) Zero Emission VMT Partial PZEV Allowance.

( A) A vehicle that meets the requirements of section 1962( c)( 2) and has zero emission vehicle miles traveled (" VMT") capability will generate an additional PZEV allowance, not to exceed 0.6, according to the following equation:

Zero Emission VMT Partial PZEV Allowance = 0.6 x Zero Emission VMT Factor where zero emission VMT factor is the ratio of the zero emission miles the vehicle travels to the total miles traveled per trip.

( B) The zero emission VMT factor in the above equation is to be calculated as follows, with the urban all electric range ( AER) determined in accordance with section E. 3.( 2)( a) of the " California Exhaust Emission Standards and Test Procedures for 2003 and Subsequent Model Zero Emission Vehicles, and 2001 and Subsequent Model Hybrid Electric Vehicles, in the Passenger Car, Light Duty Truck and Medium Duty Vehicle Classes," incorporated by reference in section 1962( e)( h):

Urban All Electric Range Zero emission VMT Factors:

< 20 miles 0.0

20 miles to < 100 50 miles ( 30 5 + [ 0.5 x Urban AER])/ 80 30

100 50 miles 1.0 45 Day Notice Version Release Date: 12/ 8/ 00 Hearing Date: 1/ 25/ 01 5 ( C) As an alternative to determining the zero emission VMT factor in accordance with the preceding section 1962( c)( 3)( B), a manufacturer may submit for Executive Officer approval an alternative procedure for determining the zero emission VMT potential of the vehicle as a percent of total VMT, along with an engineering evaluation that adequately substantiates the zero emission VMT determination. For example, an alternative procedure may provide that a vehicle with zero emissions of one regulated pollutant ( e. g. NOx) and not another ( e. g. NMOG) will qualify for a zero emission VMT factor of 0.5. Upon approval of the alternative procedure, the Executive Officer shall assign a zero emission VMT factor not to exceed 1.0.

( D) The Executive Officer shall approve an additional 0.1 zero emission VMT partial ZEV allowance for an HEV with an all electric range greater than 20 miles if the manufacturer demonstrates to the reasonable satisfaction of the Executive Officer that the HEV is equipped with software and/ or other strategies that would promote maximum use of off vehicle charging, and that the strategies employed are reasonably reliable and tamper proof. In no event, however, may the total zero emission VMT ZEV allowance for an HEV under section 1962( c)( 3) exceed 0.6.

( 4) Partial PZEV Allowance for Advanced ZEV Componentry. A vehicle that does not qualify for any zero emission VMT partial PZEV allowance under section 1962( c)( 3) shall qualify for an advanced componentry partial PZEV allowance of 0.1 0.25, if the manufacturer demonstrates to the reasonable satisfaction of the Executive Officer that the vehicle is equipped with advanced ZEV componentry such as an advanced battery integral to the operation of the vehicle power train or an electric power train.

( 5) Partial PZEV Allowance for Low Fuel Cycle Emissions. A vehicle that uses fuel( s) with very low fuel cycle emissions shall receive a partial PZEV allowance not to exceed 0.2. In order to receive the fuel cycle partial PZEV allowance, a manufacturer must demonstrate to the Executive Officer, using peer reviewed studies or other relevant information, that NMOG emissions associated with the fuel( s) used by the vehicle ( on a grams/ mile basis) are lower than or equal to 0.01 grams/ mile. Fuel cycle emissions must be calculated based on near term production methods and infrastructure assumptions, and the uncertainty in the results must be quantified. The fuel cycle partial ZEV allowance is calculated according to the following formula:

Partial ZEV Fuel Cycle Allowance = 0.2 x [( percent of VMT using fuel( s) meeting the requirements of the preceding paragraph)/ 100]

A manufacturer's demonstration to the Executive Officer that a vehicle qualifies for a fuel cycle partial ZEV allowance shall include test results and/ or empirical data supporting the estimate of the relative proportion of VMT while operating on fuel( s) with very low fuel cycle emissions.

( 6) Calculation of Combined PZEV Allowance for a Vehicle. The combined PZEV allowance for a qualifying vehicle in a particular model year is the sum of: the PZEV allowances listed in this section 1962( c)( 6), multiplied by any PZEV introduction phase in multiplier or PZEV high efficiency multiplier listed in section 1962( c)( 7) ( if a 2005 model year PZEV qualifies 45 Day Notice Version Release Date: 12/ 8/ 00 Hearing Date: 1/ 25/ 01 6 for both multipliers listed in section 1962( c)( 7), the product of the two multipliers is used as the PZEV multiplier).

( A) The baseline PZEV allowance of 0.2 for vehicles meeting the criteria in section 1962( c)( 2);

( B) The zero emission VMT PZEV allowance, if any, determined in accordance with section 1962( c)( 3), not to exceed 0.6;

( C) The advanced ZEV componentry PZEV allowance, if any, determined in accordance with section 1962( c)( 4), not to exceed 0.1 0.25; and ( D) The fuel cycle emissions PZEV allowance, if any, determined in accordance with section 1962( c)( 5), not to exceed 0.2.

( 7) PZEV Multipliers.

( A) PZEV Introduction Phase In Multiplier. Each 2000 through 2005 model year PZEV that is produced and delivered for sale in California qualifies for a PZEV introduction phase in multiplier as follows:

MY 2000 2003 MY 2004 MY 2005 Multiplier 4.0 2.0 1.33 ( B) PZEV High Efficiency Multiplier. A PZEV qualifies for a full high efficiency multiplier in accordance with section 1962( e) starting with the 2005 model year.

( d) Generation and Use of ZEV Credits; Calculation of Penalties. A manufacturer that produces and delivers for sale in California ZEVs, full ZEV allowance vehicles, or partial ZEV allowance vehicles in a given model year exceeding the manufacturer's ZEV requirement set forth in section 1962( b) shall earn ZEV credits in accordance with this section 1962( d).

( 1)( d) Qualification for ZEV Multipliers.

( A)( 1) 1996 1998 Model Year ZEV Multipliers.

1.( A) 1996 1998 Model Year ZEV Multiplier Based on Vehicle Range. 1996 1998 model year ZEVs shall qualify for a ZEV multiplier based on vehicle range as follows:

Vehicle Range ( miles) ZEV Multiplier Model Years 1996 and 1997 Model Year 1998 45 Day Notice Version Release Date: 12/ 8/ 00 Hearing Date: 1/ 25/ 01 7 2 any

100 3

70

130 Range shall be determined in accordance with section 9. f.( 2)( a) of the " California Exhaust Emission Standards and Test Procedures for 1988 Through 2000 Model Passenger Cars, Light Duty Trucks and Medium Duty Vehicles," incorporated by reference in section 1960.1( k).

2.( B) 1996 1998 Model Year ZEV Multiplier Based on Specific Energy of Battery. 1996 1998 model year ZEVs shall qualify for a ZEV multiplier based on specific energy of the battery as follows:

ZEV Multiplier Specific Energy of Battery ( w hr/ kg)

2 any 3

40 3.( C) A 1996 1998 model year ZEV may qualify for a ZEV multiplier according to section 1962( d)( 1)( A) 1. or section 1962( d)( 1)( A) 2.( B), but not both. For purposes of calculating a manufacturer's fleet average NMOG value under section 1960.1( g)( 2), each ZEV that qualifies for a ZEV multiplier shall be counted as one vehicle.

( B)( 2) 1999 2007 2000 Model Year ZEV Multiplier Calculation for Extended Electric Range Vehicles. 1. Each ZEV and full ZEV allowance vehicle that is produced and delivered for sale in California in the 1999 to  2007 2000 model years and that has an extended electric range shall qualify for a ZEV multiplier as follows:

All electric range MY 1999 2000 MY 2001  2002 MY 2003 2005 MY 2006 2007 100 175 6 10 4 6 2 4 1 2 ZEV multipliers under the above schedule will be determined by linear interpolation between the values shown in the above schedule. Range shall be determined in accordance with Ssection E. 3.( 2)( a) of the " California Exhaust Emission Standards and Test Procedures for 2003 and Subsequent Model Zero Emission Vehicles, and 2001 and Subsequent Model Hybrid Electric Vehicles, in the Passenger Car, Light Duty Truck and Medium Duty Vehicle Classes," incorporated by reference in section 1962( e)( h). ZEVs that have a refueling time of less than 10 minutes and a range of 100 miles or more shall be counted as having unlimited all electric range, and shall consequently earn the maximum allowable ZEV multiplier for a specific model year. ZEVs that have a range of 80 to 99 miles shall qualify for ZEV multipliers in the 1999 2002 2000 model years in accordance with the following equation: 45 Day Notice Version Release Date: 12/ 8/ 00 Hearing Date: 1/ 25/ 01 8 ZEV multiplier = ( minimum allowable ZEV multiplier per above table for a model year) x ( AER equivalent to a 10 minute recharge/ 100) x 0.5.

( b) For purposes of calculating a manufacturer's fleet average NMOG value under sections 1960.1( g)( 2) and 1961( b) and ( c), title 13, CCR, each extended electric range ZEV shall be counted as one vehicle.

( 3) ZEV Multipliers for 2001 and Subsequent Model Years.

( A) ZEV Phase In Multiplier. Each 2001 to 2005 model year ZEV and extended range HEV that is placed in service in California qualifies for a ZEV phase in multiplier as follows:

MY 2001 2002 MY 2003 2005 Multiplier 4.0 1.25 ( B) ZEV Discount Multiplier for NEVs. Each 2004 and subsequent model year NEV that is produced and delivered for sale in California is subject to a ZEV discount multiplier for NEVs as follows:

MY 2004  MY 2005 MYs 2006 and Subsequent Discount Multiplier 0.5 0.15 ( C) ZEV Extended Electric Range Multiplier.

1. Basic Multiplier Schedule. Each 2001 and subsequent model year ZEV and extended range HEV that is placed in service in California and that has an extended urban electric range qualifies for a ZEV extended electric range multiplier as follows:

Urban All Electric Range Multiplier < 50 miles 1

50 miles to < 275 miles ( Urban AER 25)/ 25

275 miles 10 To determine the applicable ZEV range for an extended range HEV, the tested urban all electric range shall be multiplied by a factor of 3.5. 45 Day Notice Version Release Date: 12/ 8/ 00 Hearing Date: 1/ 25/ 01 9 2. Fast refueling.

a. A ZEV with the demonstrated capability to accept fuel or electric charge until achieving at least 95% SOC or rated fuel capacity in 10 minutes or less when starting from all operationally allowable SOC or fuel states is counted as having unlimited zero emission range and qualifies for the maximum allowable ZEV extended electric range multiplier.

b. A ZEV with the demonstrated capacity to accept fuel or electric charge equivalent to at least 60 miles of UDDS range when starting from 20% SOC in less than 10 minutes is counted as having 60 additional miles ( up to a 275 mile maximum) of UDDS range in the range multiplier determination in section 1962( d)( 3)( C) 1.

3. Multiplier Phase Down. Starting with the 2005 model year, the ZEV extended electric range multiplier is phased down to one half of its value in accordance with section 1962( e)( 4).

( D) Combined ZEV Multiplier. Starting with the 2001 model year, the combined ZEV multiplier for each ZEV and extended range HEV in a specific model year is the product of:

1. The ZEV phase in multiplier if any as set forth in section 1962( d)( 3)( A);

2. In the case of a NEV, the ZEV discount multiplier for NEVs if any as set forth in section 1962( d)( 3)( B);

3. The extended electric range multiplier if any as set forth in section 1962( d)( 3)( C); and 4. The high efficiency multiplier if any as set forth in section 1962( f).

( 2)( E) Effect of ZEV Multipliers. In calculating the number of ZEVs and full ZEV allowance vehicles extended range HEVs produced and delivered for sale in California by a manufacturer in a model year and the ZEV credits from such vehicles, the number of ZEVs and full ZEV allowance vehicles extended range HEVs qualifying for a particular ZEV multiplier shall be multiplied by the combined ZEV multiplier.

( e) ZEV and PZEV High Efficiency Multipliers ( 1) Eligibility. Beginning with the 2005 model year, both ZEVs and PZEVs are eligible for a high efficiency multiplier. A NEV or other vehicle unable to maintain the speed and time tolerances contained in 40 CFR 86.115 00 ( b)( 1) and ( 2) ( as effective July 1, 2000) for at least one cycle of both the UDDS and HFEDS is not eligible to earn an efficiency multiplier. A vehicle earning an efficiency multiplier value of less than 1.00 pursuant to section 1962( c)( 3) will be treated as having an efficiency multiplier of 1. 45 Day Notice Version Release Date: 12/ 8/ 00 Hearing Date: 1/ 25/ 01 10 ( 2) Calculation of CMPEG Rating. For all vehicle types, a CMPEG ( California miles per equivalent gallon) rating is determined as follows:

( A) For gasoline fueled vehicles and HEVs with < 20 mile zero emission range, CMPEG = Combined Fuel Economy determined in accordance with 40 CFR Part 600 = 1/ [. 55 / ( EPA city mpg, unadjusted) + .45 / ( EPA highway mpg, unadjusted)].

( B) For BEVs and off vehicle charge capable HEVs with > 20 mile zero emission range, CMPEG = [ 33,705 AC whr/ gal / (. 55 ( AC whr/ mile UDDS) + .45 ( AC whr/ mile HFEDS))] where AC whr/ mile values are determined in accordance with section E. 3. " Determination of All Electric Range Urban," and " Determination of All Electric Range Highway" of the " California Exhaust Emission Standards and Test Procedures for 2003 and Subsequent Model Zero Emission Vehicles, and 2001 and Subsequent Model Hybrid Electric Vehicles, in the Passenger Car, Light Duty Truck and Medium Duty Vehicle Classes," as incorporated by reference in section 1962( h). Qualifying HEV CMPEG determination shall be based solely on electric mode operating efficiency for vehicles that are able to maintain test cycle speed and time tolerances for the entire zero emission range test.

( C) For vehicles operating on an alternative fuel, including CNG, alcohol, or hydrogen, CMPEG = Combined Fuel Economy as determined in accordance with 40 CFR Part 600. Alternate fuel vehicle CMPEG shall not be compensated with the federal ( 1/ 0.15) " fuel content" factor used in determining average fuel economy.

( D) For flexible fuel or dual fuel vehicles, CMPEG is the lowest of the federal combined fuel economy values determined for any fuel or fuel mixture on which the vehicle is certified to operate.

( 3) Determining the high efficiency multiplier. A high efficiency multiplier is determined based on the following table.

Vehicle Type Efficiency Multiplier PCs or LDTs 0 3750 lbs. loaded vehicle weight And fewer than 4 designated passenger seats E = CMPEG/ ( 1.6 * 27.5)

PCs or LDTs 0 3750 lbs. loaded vehicle weight And with 4 or more designated passenger seats E = CMPEG/ ( 1.4 * 27.5)

LDTs 3751 5750 lbs. loaded vehicle weight And fewer than 4 designated passenger seats E = CMPEG/ ( 1.25 * 27.5)

LDTs 3751 5750 lbs. loaded vehicle weight And with 4 or more designated passenger seats E = CMPEG/ ( 1.05 * 27.5)

LDTs and LEV I MDVs 5751 lbs. loaded vehicle weight to 8500 lbs. gross vehicle weight E = CMPEG/ ( 0.75 * 27.5) 45 Day Notice Version Release Date: 12/ 8/ 00 Hearing Date: 1/ 25/ 01 11 ( 4) Phasing in the High Efficiency Multiplier for ZEVs. For ZEVs and extended range HEVs, the high efficiency multiplier is phased in, and the extended electric range multiplier is phased down to one half of its initial value, by multiplying the multipliers by the values in the following schedule:

MY 2004 MY 2005 MY 2006 MY 2007 MYs 2008 and Subsequent Range Multiplier 1.0 0.875 0.75 0.625 0.5 Efficiency Multiplier 0.0 .25 .5 .75 1.0 ( f) In Service Warranty Multiplier for ZEVs and PZEVs With

20 Mile Zero Emission Range. Except in the case of a NEV, an additional ZEV or PZEV multiplier will be earned by a ZEV or a PZEV with

20 mile zero emission range whose zero emission energy storage or conversion system is under an original warranty from the vehicle manufacturer beyond three years of service and is registered for operation on public roads in California. Manufacturers will receive 0.1 times the original ZEV credit earned by the vehicle ( including multipliers other than the ZEV phase in multiplier in section 1962( d)( 3)( A) and the PZEV introduction phase in multiplier in section 1962( c)( 7)) on a year by year basis beginning in the fourth year. The warranty multiplier is reported and earned in the year following each continuous year of service.

( g) Generation and Use of ZEV Credits; Calculation of Penalties.

( 1) A manufacturer that produces and delivers for sale in California ZEVs or PZEVs in a given model year exceeding the manufacturer's ZEV requirement set forth in section 1962( b) shall earn ZEV credits in accordance with this section 1962( g).

( 3)( 2) ZEV Credit Calculations.

( A) Credits from ZEVs and Full ZEV Allowance Vehicles Extended Range HEVs. An full ZEV allowance vehicle extended range HEV shall be is treated as a ZEV in calculating and applying ZEV credits. The amount of ZEV credits earned by a manufacturer in a given model year from ZEVs shall be expressed in units of g/ mi NMOG, and shall be equal to the number of ZEVs produced and delivered for sale in California that the manufacturer applies towards meeting the ZEV requirements for the model year ( at least 40% of the ZEV requirement for a large volume manufacturer) subtracted from the number of ZEVs produced and delivered for sale in California by the manufacturer in the model year and then multiplied by the NMOG fleet average requirement for PCs and LDT1s for that model year.

( B) Credits from Partial ZEV Allowance Vehicles PZEVs. The amount of ZEV credits from partial ZEV allowance vehicles PZEVs earned by a manufacturer in a given model year shall be expressed in units of g/ mi NMOG, and shall be equal to the total number of PZEV allowances from partial ZEV allowance vehicles PZEVs produced and delivered for sale in 45 Day Notice Version Release Date: 12/ 8/ 00 Hearing Date: 1/ 25/ 01 12 California that the manufacturer applies towards meeting its ZEV requirement for the model year ( a number not to exceed 60% of the ZEV requirement for large volume manufacturers) subtracted from the total number of PZEV allowances from partial ZEV allowance vehicles PZEVs produced and delivered for sale in California by the manufacturer in the model year and then multiplied by the NMOG fleet average requirement for PCs and LDT1s for that model year.

( C) The number of credits from a manufacturer's [ i] ZEVs and full ZEV allowance vehicles extended range HEVs, [ ii] advanced technology PZEVs, and [ iii] all other PZEVs shall each be maintained separately from the number of credits from the manufacturer's partial ZEV allowance vehicles.

( 4)( 3) ZEV Credits for MDVs and LDTs other than LDT1s. ZEVs, extended range HEVs and PZEVs classified as MDVs or as LDTs other than LDT1s may be counted toward the ZEV requirement for PCs and LDT1s, and included in the calculation of ZEV credits as specified in this section 1962( d)( g) if the manufacturer so designates.

( 4) ZEV Credits for Advanced Technology Demonstration Programs. A vehicle placed in a California advanced technology demonstration program may earn ZEV credits even if it is not " delivered for sale." To earn such credits, the manufacturer must demonstrate to the reasonable satisfaction of the Executive Officer, prior to certification, that the vehicles will be regularly used in applications appropriate to evaluate issues related to safety, infrastructure, fuel specifications or public education. Such a vehicle is eligible to receive the same allowances and credits that it would have earned if placed in service.

( 5) ZEV Credits for Transportation Systems. A ZEV or extended range HEV placed as part of a transportation system may earn additional ZEV credits, which may used in the same manner as credits from advanced technology PZEVs. To earn such credits, the manufacturer must demonstrate to the reasonable satisfaction of the Executive Officer, prior to certification, that the vehicle will be used as a part of an innovative transportation system that will effectively link homes, transit systems and jobs ( e. g. a station car). Such systems are to be designed to evaluate the benefits and issues related to the shared use of ZEVs, and the application of new technologies such as reservation management, card systems, depot management, location management, charge billing and real time wireless information systems. The additional ZEV credit may not exceed the original ZEV credit earned by the vehicle, including multipliers other than the ZEV phase in multiplier in section 1962( d)( 3)( A).

( 5)( 6) Submittal of ZEV Credits. A manufacturer may meet the ZEV requirements in any given model year by submitting to the Executive Officer a commensurate amount of ZEV credits consistent with section 1962( b). These credits may be earned previously by the manufacturer or acquired from another manufacturer. The amount of ZEV credits required to be submitted shall be calculated according to the criteria set forth in this section 1962( d)( g).

( 6)( 7) Requirement to Make Up a ZEV Deficit. 45 Day Notice Version Release Date: 12/ 8/ 00 Hearing Date: 1/ 25/ 01 13 ( A) General. A manufacturer that produces and delivers for sale in California fewer ZEVs than required in a given model year shall make up the deficit by the end of the next model year by submitting to the Executive Officer a commensurate amount of ZEV credits, except that credits generated from PZEVs may be used to offset deficits for two model years. The amount of ZEV credits required to be submitted shall be calculated by ( A) [ i] adding the number of ZEVs and extended range HEVs produced and delivered for sale in California by the manufacturer for the model year to the number of ZEV allowances from partial ZEV allowance vehicles produced and delivered for sale in California by the manufacturer for the model year ( not to exceed 60% of for a large volume manufacturer's ZEV requirement, not to exceed that permitted under section 1962( b)( 2)), ( B) [ ii] subtracting that total from the number of ZEVs required to be produced and delivered for sale in California by the manufacturer for the model year, and ( C) [ iii] multiplying the resulting value by the fleet average requirements for PCs and LDT1s for the model year in which the deficit is incurred.

( B) Additional Time to Make Up ZEV Deficits for the 2003 2004 Model Years.

1. Model Year 2003 ZEV Deficits. A manufacturer that produces, and delivers for sale in California, model year 2003 or earlier PZEVs that generate at least twice as many credits as are necessary to take full advantage of the manufacturer's 60% PZEV option for the 2003 model year has through the 2007 model year to fully exercise its option to meet an additional 20% of its ZEV requirement for the 2003 model year with credits from advanced technology PZEVs.

2. Model Year 2004 ZEV Deficits. A manufacturer that qualifies under section 1962( g)( 7)( B) 1., and produces, and delivers for sale in California, model year 2004 or earlier PZEVs that generate at least twice as many credits as are necessary to take full advantage of the manufacturer's 60% PZEV option for the 2003 and 2004 model years, has through the 2008 model year to fully exercise its option to meet an additional 20% of its ZEV requirement for the 2004 model year with credits from advanced technology PZEVs.

( 7)( 8) Penalty for Failure to Meet ZEV Requirements. Any manufacturer that fails to produce and deliver for sale in California the required number of ZEVs or submit an appropriate amount of ZEV credits and does not make up ZEV deficits within the specified time period shall be subject to the Health and Safety Code section 43211 civil penalty applicable to a manufacturer that sells a new motor vehicle that does not meet the applicable emission standards adopted by the state board. The cause of action shall be deemed to accrue when the ZEV deficits are not balanced by the end of the specified time period. For the purposes of Health and Safety Code section 43211, the number of vehicles not meeting the state board's standards shall be calculated according to the following equation, provided that no more than 60% the percentage of a large volume manufacturer's ZEV requirement for a given model year that may be satisfied with partial ZEV allowance vehicles or ZEV credits from such vehicles may not exceed the percentages permitted under section 1962( b)( 2)( A):

( No. of ZEVs required to be produced and delivered for sale in California for the model year)  ( No. of ZEVs produced and delivered for sale in California for the model year)  45 Day Notice Version Release Date: 12/ 8/ 00 Hearing Date: 1/ 25/ 01 14 ( No. of ZEV allowances from partial ZEV allowance vehicles produced and delivered for sale in California for the model year)  [( Amount of ZEV credits submitted for the model year) / ( the fleet average requirement for PCs and LDT1s for the model year)].

( e)( h) Test Procedures. The certification requirements and test procedures for determining compliance with the this section 1962 are set forth in " California Exhaust Emission Standards and Test Procedures for 2003 and Subsequent Model Zero Emission Vehicles, and 2001 and Subsequent Model Hybrid Electric Vehicles, in the Passenger Car, Light Duty Truck and Medium Duty Vehicle Classes," adopted by the state board on August 5, 1999, and last amended [ Insert date of amendment] , which is incorporated herein by reference.

( i) ZEV Specific Definitions. The following definitions apply to this section 1962.

( 1) " Advanced technology PZEV" means any PZEV with an allowance of 0.4 or higher ( before the application of any multipliers).

( 2) " Battery electric vehicle" means any vehicle that operates solely by use of a battery or battery pack, or that is powered primarily through the use of an electric battery or battery pack but uses a flywheel or capacitor that stores energy produced by the electric motor or through regenerative braking to assist in vehicle operation.

( 3) " Extended range HEV" means an HEV that meets the criteria in section 1962( c)( 2) for a PZEV allowance of 0.2 and has a minimum urban zero emissions range of at least 20 miles attributable to off vehicle recharging.

( 4) " Neighborhood electric vehicle" means a motor vehicle that meets the definition of Low Speed Vehicle either in section 385.5 of the Vehicle Code or in 49 CFR 571.500 ( as it existed on July 1, 2000), and is certified to zero emission vehicle standards.

( 5) " Placed in service" means having been sold or leased to an end user and not to a dealer or other distribution chain entity, and having been individually registered for on road use by the California Department of Motor Vehicles.

( f)( j) Abbreviations. The following abbreviations are used in this section 1962:

" AER" means all electric range. " BEV" means battery electric vehicle. " CMPEG" means California miles per equivalent gallon. " HEV" means hybrid electric vehicle. " HFDES" means highway fuel economy driving cycle. " LDT" means light duty truck. " LDT1" means a light truck with a loaded vehicle weight of 0 3750 pounds. " MDV" means medium duty vehicle. " Non Methane Organic Gases" or " NMOG" means the total mass of oxygenated and non 45 Day Notice Version Release Date: 12/ 8/ 00 Hearing Date: 1/ 25/ 01 15 oxygenated hydrocarbon emissions. " NEV" means neighborhood electric vehicle. " NOx" means oxides of nitrogen. " PC" means passenger car. " PZEV" means any vehicle that is delivered for sale in California and that qualifies for a partial ZEV allowance of at least 0.2. " SOC" means state of charge. " SULEV" means super ultra low emission vehicle. " UDDS" means urban dynamometer driving cycle. " ULEV" means ultra low emission vehicle. " VMT" means vehicle miles traveled. " ZEV" means zero emission vehicle.

Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43104 and 43105, Health and Safety Code. Reference: Sections 39002, 39003, 39667, 43000, 43009.5, 43013, 43018, 43100, 43101, 43101.5, 43102, 43104, 43105, 43106, 43107, 43204, and 43205.5, Health and Safety Code.

Amend title 13, CCR, section 1900 to read as follows:

1900. Definitions.

[ Subsections ( a)( 1) through ( 17)  No change]

( 18) " Intermediate volume manufacturer" means any pre 2001 model year manufacturer with California sales between 3,001 and 35,000 60,000 new light and medium duty vehicles per model year based on the average number of vehicles sold by the manufacturer each model year from 1989 to 1993; any 2001 through 2002 model year manufacturer with California sales between 4,501 and 35,000 60,000 new light and medium duty vehicles per model year based on the average number of vehicles sold by the manufacturer each model year from 1989 to 1993; and any 2003 and subsequent model year manufacturer with California sales between 4,501 and 35,000 60,000 new light and medium duty vehicles based on the average number of vehicles sold for the three previous consecutive model years for which a manufacturer seeks certification. For a manufacturer certifying for the first time in California, model year sales shall be based on projected California sales.

( 19) " Large volume manufacturer" means any 2000 and subsequent model year manufacturer that is not a small volume manufacturer, or an independent low volume manufacturer, or an intermediate manufacturer.

( 20) " Independent low volume manufacturer" means a manufacturer with California annual sales of less than 10,000 new passenger cars, light duty trucks and medium duty vehicles following aggregation of sales pursuant to this section 1900( a)( 20). Annual sales shall be determined as the average number or sales sold for the three previous consecutive model years for 45 Day Notice Version Release Date: 12/ 8/ 00 Hearing Date: 1/ 25/ 01 16 which a manufacturer seeks certification; however, for a manufacturer certifying for the first time in California, annual sales shall be based on projected California sales for the model year. The annual sales from different firms shall be aggregated in the following situations:

( A) Vehicles produced by two or more firms, one of which is 10% or greater part owned by another;

( B) Vehicles produced by any two or more firms if a third party has equity ownership of 10% or more in each of the firms;

( C) Vehicles produced by two or more firms having a common corporate officer( s) who is ( are) responsible for the overall direction of the companies;

( D) Vehicles imported or distributed by all firms where the vehicles are manufactured by the same entity and the importer or distributor is an authorized agent of the entity.

Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, and 43104 Health and Safety Code. Reference: Sections 39002, 39003, 39010, 39500, 40000, 43000, 43013, 43100, 43101, 43101.5, 43102, 43104, 43106, and 43204, Health and Safety Code.

Amend section 1960.1( k), Title 13, California Code of Regulation, to read as follows:

( k) The test procedures for determining compliance with these standards are set forth in " California Exhaust Emission Standards and Test Procedures for 1981 through 1987 Model Passenger Cars, Light Duty Trucks, and Medium Duty Vehicles," adopted by the state board on November 23, 1976, as last amended May 20, 1987, and in " California Exhaust Emission Standards and Test Procedures for 1988 through 2000 Model Passenger Cars, Light Duty Trucks, and Medium Duty Vehicles," adopted by the state board on May 20, 1987 as last amended August 5, 1999, both which are incorporated herein by reference, and in " California Exhaust Emission Standards and Test Procedures for 2001 and Subsequent Model Passenger Cars, Light Duty Trucks, and Medium Duty Vehicles," as incorporated by reference in section 1961( d). The test procedures for determining the compliance of 2001 through 2006 model year hybrid electric vehicles with the standards set forth in this section are set forth in " California Exhaust Emission Standards and Test Procedures for 2003 and Subsequent Model Zero Emission Vehicles, and 2001 and Subsequent Model Hybrid Electric Vehicles, in the Passenger Car, Light Duty Truck, and Medium Duty Vehicle Classes, as incorporated by reference in section 1962( e)( h).

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Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43104 and 43105, Health and Safety Code. Reference: Sections 39002, 39003, 39667, 43000, 43009.5, 43013, 43018, 43100, 43101, 43101.5, 43102, 43104, 43105, 43106, 43107, 43204, and 43205.5, Health and Safety Code. 45 Day Notice Version Release Date: 12/ 8/ 00 Hearing Date: 1/ 25/ 01 17 Amend section 1961( a)( 8)( B) and 1961( d), title 13, California Code of Regulations, to read as follows:

( 8) Requirements for Vehicles Certified to the Optional 150,000 Mile Standards.

( A) Requirement to Generate Additional Fleet Average NMOG Credit. A vehicle that is certified to the 150,000 mile standards in section 1961( a) shall generate additional NMOG fleet average credit as set forth in 1961( b)( 1) or additional vehicle equivalent credits as set forth in 1961( b)( 2) provided that the manufacturer extends the warranty on high cost parts to 8 years or 100,000 miles, whichever occurs first, and agrees to extend the limit on high mileage in use testing to 105,000 miles.

( B) Requirement to Generate a Partial ZEV Allowance. A vehicle that is certified to the 150,000 mile SULEV standards shall also generate a partial ZEV allocation according to the criteria set forth in section C. 3 of the " California Exhaust Emission Standards and Test Procedures for 2003 and Subsequent Model Zero Emission Vehicles, and 2001 and Subsequent Model Hybrid Electric Vehicles, in the Passenger Car, Light Duty Truck and Medium Duty Vehicle Classes," incorporated by reference in section 1962( e)( h)."

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( d) Test Procedures. The certification requirements and test procedures for determining compliance with the emission standards in this section are set forth in the " California Exhaust Emission Standards and Test Procedures for 2001 and Subsequent Model Passenger Cars, Light Duty Trucks, and Medium Duty Vehicles," adopted on August 5, 1999, which is incorporated herein by reference. In the case of hybrid electric vehicles, the certification requirements and test procedures for determining compliance with the emission standards in this section are set forth in the " California Exhaust Emission Standards and Test Procedures for 2003 and Subsequent Model Zero Emission Vehicles, and 2001 and Subsequent Model Hybrid Electric Vehicles, in the Passenger Car, Light Duty Truck and Medium Duty Vehicle Classes," incorporated by reference in section 1962( e)( h).

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Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43104 and 43105, Health and Safety Code. Reference: Sections 39002, 39003, 39667, 43000, 43009.5, 43013, 43018, 43100, 43101, 43101.5, 43102, 43104, 43105, 43106, 43107, 43204, and 43205.5, Health and Safety Code.