$ The equipment's total fuel capacity is recorded to the nearest gallon in the field equip_ in. tank_ cap. Fuel capacity is to be determined by the following hierarchy; labeling found directly on the physical tank( s), OEM service manual, replacement part manual( s), owner's manual, and as a last resort a drain and fill of all the unit's tank( s). If this information can not be determined, the value " 0" shall be entered in this field.

$ The engine exhaust emission certification family designation shall be recorded in the field equip_ in. eng_ fam. If this information can not be determined, the value " NULL" shall be entered in this field. Appendix A. 1 Mobile Source Observation Data Entry Instructions for Kansas City PM Vehicle Testing $ The engine evaporative emission certification family designation shall be recorded in the field equip_ in. evap_ fam. If this information can not be determined, the value " NULL" shall be entered in this field.

$ The allowable values for the equipment drive train description are found in the field drv_ trn. dvr_ trn of the table drv_ trn. dbf and are described in the associated field dvr_ trn. drv_ trn_ d. The correct value for the unit's drive train shall be reported in the field equip_ in. drv_ trn.. If this information is not known, the value " NULL" shall be entered in this field.

$ The engine series or product line name shall be entered into the field engine. engseries. If this information is not known, the value " NULL" shall be entered in this field.

$ An appropriate value for engine service class shall be selected from eng_ clas. eng_ class and shall be recorded in the field equip_ in. eng_ class. If this information is unknown or cannot be determined, the value " NULL" shall be entered in this field.

$ The engine model year shall be recorded in the field equip_ in. eng_ mod_ yr. If the actual date is not reported on the engine or in supporting literature about that particular engine, the value " 0" shall be recorded in the field. In general the SI vehicle model_ year shall correspond with the engine model year. That assumption may not hold however with the CI vehicles. If this information is not readily apparent leave the field blank.

$ The type of aftercooling found on the engine shall be reported in the field equip_ in. cooling. If the engine is not equipped with an aftercooling device, then " NONE" shall be recorded. If it is not known whether the engine has aftercooling as normally configured, the value " NULL" shall be recorded.

$ The method of fuel injection shall be recorded in the field equip_ in. fi_ meth The allowable values for fuel injection method are found in the field fi_ met. fi_ meth in the table fi_ meth. dbf and are described in the field fi_ meth. fi_ meth_ d.. While most diesel engines are covered by the DI and IDI values, the contractror is encouraged to identify the fuel injection method as specifically as possible. If this information is unknown or cannot be determined for the test engine, the value " NULL" shall be entered in this field.

$ The engine manufacturer specified fuel injection pressure for the fuel injection system, if present, on the test engine shall be recorded in the field equip_ in. fi_ press. If this information is unknown, the value " NULL" shall be entered in this field.

$ The value " YES" shall be recorded in the field equip_ in. except if there is anything which is known to be or is obviously exceptional about an engine or piece of test equipment which would cause the test unit to be an outlier in most statistical analyses involving the equipment or engine. Otherwise, the value " NO" shall be recorded in the equip_ in. except field.

$ A brief description of the quality or qualities which would make an engine or piece of test equipment exceptional shall be entered in the field equip_ in. ex_ comm. This field is used in conjunction with the equip_ in. except field. Otherwise, the equip_ in. ex_ comm field shall be left blank.

$ If an engine or piece of test equipment is to be tested with a particulate trap or filter in place, then the value " YES" shall be recorded in the field equip_ in. parttrap otherwise the value " NO" shall be recorded Appendix A. 1 Mobile Source Observation Data Entry Instructions for Kansas City PM Vehicle Testing instead. If this information is unavailable or cannot be determined, then the value " NUL" shall be entered in the equip_ in. parttrap field.

$ The value " 4" shall be recorded in the field equip_ in. eng_ cycl for engines with a four cycle system. The value " 2" shall be recorded for engines with a two cycle system.

$ The engine manufacturer's specified maximum power value ( in units of brake specific horsepower) at rated engine speed shall be recorded in the field equip_ in. ratedpower. If this information is unknown or cannot be determined from the engine or in supporting literature about that particular engine, the value " 0" shall be recorded in the field.

$ The engine manufacturer's specified rated engine speed ( in units of rpm) shall be recorded in the field equip_ in. ratedspeed. If this information is unknown or cannot be determined from the engine or in the service information about that particular engine, the value " 0" shall be recorded in the field.

$ The engine's peak torque shall be reported in foot  pounds into the field equip_ in. peaktorque.

$ The engine's speed where peak torque is obtained shall be reported in rpms into the field equip_ in. peakspeed.

$ The engine's fuel rate at peak torque speed in lbs per hour shall be reported into the field equip_ in. peakfrate.

$ The engine's fuel rate at rated speed in lbs per hour shall be reported into the field equip_ in. ratedfrate.

$ The engine manufacturer's specified engine speed ( in units of rpm) for engine idle operation shall be recorded in the field equip_ in. idle_ rpm. If this information is unknown or cannot be determined from the engine or in supporting literature about that particular engine, the value " 0" shall be recorded in the field.

$ If the number of times that the test engine has been rebuilt is known or can be determined, that number shall be recorded in the field equip_ in. rebuild_ ct. If this information is unknown or cannot be determined from the engine or owner/ operator, then the null value " 99" shall be recorded in the field.

$ The date of the last engine rebuild shall be recorded in the field equip_ in. rebuild_ dt. If the last rebuild date cannot be determined or no rebuild has occurred the field shall be left blank.

$ For the last rebuild of the test engine only, if the reason that the test engine was rebuilt is known or can be determined, then that reason shall be described in the field equip_ in. rebuildwhy. If the reason is unknown or cannot be determined or if the engine has never been rebuilt, then the equip_ in. rebuildwhy field shall be left blank.

$ A brief description of the technical configuration and capabilities, power take off, power " bulge", etc., of the test equipment/ engine and shall be recorded in the field equip_ in. tech_ confg. If this information cannot be determined for the test equipment/ engine or if the relevant information has already been reported elsewhere in another field , then the equip_ in. tech_ confg field shall be left blank.

$ A brief description of any electronic interface which may connect the equipment's speed/ torque controls Appendix A. 1 Mobile Source Observation Data Entry Instructions for Kansas City PM Vehicle Testing with an engine component which commands torque directly from the engine shall be recorded in the field equip_ in. elec_ cont. If this information is unknown or cannot be determined for the test equipment/ engine or if the equipment has no electronic controls, then the equip_ in. modifs field shall be left blank.

$ Any significant post OEM additions or modifications made to the test equipment/ engine shall be described in the field equip_ in. modifs. If this information is unknown or cannot be determined for the test equipment/ engine, then the equip_ in. modifs field shall be left blank.

$ The allowable values to categorize a vehicle's transmission are found in the field tran_ typ. tran_ type. The correct value for the vehicle shall be reported in the field equip_ in. tran_ type.

$ The number of fuel injectors per cylinder shall be reported in the field equip_ in. injectors. Typical values are as follows " 0" for carbureted engines, " 1" for most SI and CI engines, etc.

$ This represents what method, if any, was used to introduce supplemental air into the exhaust stream. Legal values are found and defined by AIR_ INJ translation table. " NO" shall be recorded in the field equip_ in. air_ inj when no supplemental air was introduced. Other legal values are listed below:

" YES"  Has air injected " PUMP"  Air injected by pump " PULSE"  Air injected by pulse $ The allowable values to indicate the catalyst control configuration are " YES" or " NO". The correct value for the vehicle shall be reported in the field equip_ in. closedloop. If this information is not known, the value " NUL" shall be entered in this field.

$ " SI" shall be reported for spark ignition engines and " CI" shall be reported for compression ignition in the field equip_ in. ignition.

$ " NUL" shall be recorded in the field equip_ in. overdrive.

$ " NUL" shall be recorded in the field equip_ in. creeper.

! " NUL" shall be recorded in the field equip_ in. lockup.

! " NULL" shall be reported in the field equip_ in. gears.

! For the FTP test vehicles, Vehicle Curb weight, ( as defined ' CFR86.082 2) is the weight of the vehicle with all fluids at their nominal ( full) capacity, including fuel. The value is not the same as the equivalent test weight. There is, however, an exception for " incomplete" vehicles in the above CFR quote. A chassis destined to become a camper is an example of such a vehicle. In the case of an " incomplete" curb weight is specified by the manufacturer. The contractor shall follow the definition where it applies. In general vehicle curb weight shall be determined by weighing the vehicle and adding an estimated additional weight that would occur if the vehicle's fuel tanks were full. That value shall be reported in the field equip_ in. curbweight. For computational purposes, the default weight for a gallon of gasoline fuel shall be 6.1 pounds. " 999999" shall be entered into the field equip_ in. curbweight for the I/ M240 test vehicles. Appendix A. 1 Mobile Source Observation Data Entry Instructions for Kansas City PM Vehicle Testing ! If the vehicle has air conditioning " YES" shall be entered into the field equip_ in. ac. If the vehicle has no air conditioning, then " NO" is entered. If you do not known if the vehicle has air conditioning, " NUL" shall be entered into the field equip_ in. ac.

! An appropriate value shall be selected from the field canister. canister and entered into the field equip_ in. canister.

! If there is no exhaust gas recirculation, the value entered in the field equip_ in. egr shall be " NO". If the engine has exhaust gas recirculation, the value shall be " YES". If its is unknown the value entered shall be " NULL".

! " NULL" shall be reported in the field equip_ in. egr_ type only if the equip_ in. egr field contains either a " NO" or " NUL". If the engine hasexhaust gas recirculation then either " HOT" for hot air recirculation, " COOLED" for cool air recirculation shall be reported in the equip_ in. egr_ type.

! The gross vehicle weight rating ( GVWR) shall be entered into the field equip_ in. gvwr.

! The gross combined weight rating ( GCWR) shall be entered into the field equip_ in. gcwr.

! The field equip_ in. comments shall be used to identify/ explain anything a vehicle was rejected from the test program. Otherwise the fields shall be left blank.

! The ownership of the vehicle shall be reported into the field equip_ in. ownership. The legal values are either " PRIVATE"  privately owned vehicle; " RENTAL"  rented vehicle; or " GOVT"  owned by local, state, or federal government.

! Where the vehicle is stored shall be reported into the field equip_ in. depot. The legal values shall be selected from the table site. site.

! The engine's NOx certification standard shall be reported into the field equip_ in. cert_ nox.

! The engine's PM certification standard shall be reported into the field equip_ in. cert_ pm.

TEST FUEL BATCHES:

Test fuel properties are stored in the fields of the table fbat_ in. dbf. Each fuel batch shall if know shall have its own unique record and is populated as follows;

! The laboratory fuel batch identifier shall be recorded in field fbat_ in. fbatch_ id.

! If the fuel manufacture has provided the laboratory a unique identifier for the test fuel that shall be recorded in the field fbat_ in. mfg_ batch.

! If the test fuel is a fuel oil its centane number as measured by ASTM D 613 shall be recorded in the field fbat_ in. cetane_ num, otherwise " 0" shall be entered into the field. Appendix A. 1 Mobile Source Observation Data Entry Instructions for Kansas City PM Vehicle Testing ! If the test fuel is a fuel oil its centane index as measured by ASTM D 976 shall be recorded in the field fbat_ in. cetane_ idx. If it is not the value 0 shall be entered.

! If the centare number was increased by a " cetane improver" the amount of improvement is recorded in the field fbat_ in. cetane_ imp. If no cetane improver was use " 0" shall be recorded in the field fbat_ in. cetane_ imp.

! The name of the " cetane improver", if used shall be recorded in the field fbat_ in. cetane_ typ. If no cetane improver was used the " NONE" shall be reported in the field fbat_ in. cetane_ typ.

! The concentration of sulfur in the test fuel in ppm shall be reported in the field fbat_ in. sulfur.

! If an additive was used to increase the amount of sulfur in the test fuel the additive's chemical name shall be entered into the field fbat_ in. sulf_ agent.

! The concentration of nitrogen in the test fuel in ppm shall be reported in the field fbat_ in. nitrogen. If it is not known the value " 99999" shall be entered into the field.

! The mass percent of total aromatics as measured by ASTM D 5185 shall be reported in the field fbat_ in. tarom.

! The mass percent of mono cyclic aromatics as measured by ASTM D 5185 shall be reported in the field fbat_ in. marom.

! The mass percent of poly cyclic aromatics as measured by ASTM D 5185 shall be reported in the field fbat_ in. parom.

! The test fuel's distillation properties as measured with ASTM D 86 shall be entered into the appropriate fields of fbat_ in. IBP, fbat_ in. t10, fabatch. t50, fbat_ in. t90, fbat_ in. ep, fbat_ in. residue, fbat_ in. loss, and fbat_ in. recovery.

! The test fuel's relative density as specific gravity at 60 ° F shall be entered into the field fbat_ in. spec_ grav.

! The test fuel's relative density as Degrees API at 60 ° F shall be entered into the field fbat_ in. api_ grav.

! The test fuel's viscosity in centistokes as measure by ASTM D 455 at 100 ° F shall be entered into the field fbat_ in. viscosity. If the viscosity is unknown or the fuel is a gasoline the value " 0" shall be entered into the field.

! The test fuel's flashpoint in ° F and as measured by ASTM D 93 shall be recorded in the field fbat_ in. flash. If it is unknown the value " 9999" shall be entered into the field.

! The test fuel's pour point in ° F and as measured by ASTM D 97 shall be recorded in the field Appendix A. 1 Mobile Source Observation Data Entry Instructions for Kansas City PM Vehicle Testing fbat_ in. pour. If it is unknown the value " 9999" shall be entered into the field.

! The test fuel's hydrogen to carbon ratio on a mole to mole basis shall be reported in the field fbat_ in. hcratio. If the ratio is unknown the value " 9.999" shall be entered into the field.

! The test fuel's oxygen content on a weight percent basis shall be reported in the field fbat_ in. oxygen.

! The compound contributing the oxygen on the test fuel shall be reported in the field fbat_ in. oxy_ type. If there is no oxygen in the test fuel that " NONE" shall be reported in the field fbat_ in. oxy_ type.

! The weight percent of any additive package added to the fuel, other than cetane improvers, shall be reported in the field fbat_ in. addditives. If the fuel is a gasoline the field shall be left blank.

! The test fuel's lubricity in grams and as measured by ASTM D 6078 shall be entered into the field fbat_ in. lubric_ g. If it is unknown the value " 99999" shall be entered.

! The test fuel's lubricity in millimeters of scar wear and as measured by ASTM D 6079 shall be entered into the field fbat_ in. lubric_ mm. If it is unknown the value " 9.99" shall be entered.

! The test fuel's net heat of combustion in BTUs/ pound of fuel shall be reported in the field fbat_ in. heat.

! If the fuel is a diesel fuel, the test fuel's ash expressed in weight percent and as measured by ASTM D 482 shall be reported in the field fbat_ in. ash.

! " 0" shall be recorded in the field fbat_ in. mon and fbat_ in. ron fi the fuel is a diesel fuel. If the fuel is a gasoline the motor octane will be entered in the former and the research octane shall be entered in the latter.

! If the fuel is a gasoline the its RVP shall be recorded in the field fbat_ in. rvp. If it is a diesel fuel the value " 99.9" shall be entered.

! The grams of carbon per pound of test fuel in dry air shall be reported in the field fbat_ in. fen_ c.

! The weight fraction carbon of the test fuel shall be reported in the field fbat_ in. wgt_ fractn.

! The aromatic content of the test fuel in volume percent and as measured by ASTM D 1319 shall be reported in the field fbat_ in. comp_ aroma.

! The olefin content of the test fuel in volume percent and as measured by ASTM D 1319 shall be reported in the field fbat_ in. comp_ olefn.

! The saturate content of the test fuel in volume percent and as measured by ASTM D 1319 shall be reported in the field fbat_ in. comp_ sat.

! If the test fuel is the certification gasoline " 60" shall be reported in the field fbat_ in. fuel_ id. If the test Appendix A. 1 Mobile Source Observation Data Entry Instructions for Kansas City PM Vehicle Testing fuel is the certification diesel fuel " 96" shall be reported in the field fbat_ in. fuel_ id. If the fuel is tank fuel the field dyno_ in. fuel_ id shall be " 0".

! " KC_ PM" shall be entered in the field equip_ in. wa_ id.

! The cloud measurement of the test fuel shall be reportin the field fbat_ in. cloud.

FTP LABORATORY TESTING: The FTP shall be run as a three phase test. The laboratory test level information shall be reported in the table structure headed by dyno_ in. dbf for laboratory values and are to be populated for the tests as follows:

! The laboratory test identifier shall be recorded in field dyno_ in. ctr_ tst_ id.

! " FTP" shall be reported in the field dyno_ in. test_ proc.

! " KC_ PM" shall be entered into the field dyno_ in. wa_ id.

! " FTP" shall be reported in the field dyno_ in. sched_ id.

! The initial FTP shall have the value . F. entered into the field dyno_ in. replicate. The second FTP for the test vehicles shall have the value . T. entered into the field dyno_ in. replicate.

! If the test fuel is the certification gasoline " 60" shall be reported in the field dyno_ in. fuel_ id. If the test fuel is the certification diesel fuel " 96" shall be reported in the field dyno_ in. fuel_ id. If the fuel is tank fuel the field dyno_ in. fuel_ id shall be " 0".

! The value entered into equip_ in. veh_ ms_ id for this vehicle shall be reported in the field dyno_ in. ms_ id.

! The test date and time of day shall be reported into the fields dyno_ in. test_ date and dyno_ in. test_ tod respectively following the format specified for them.

! " ANNARBOR" shall be reported in the field dyno_ in. site if tests were performed in Michigan. If test were performed in Kansas City then " KANSASCITY " shall be reported.

! 75 ° F shall be reported in the field dyno_ in. nom_ temp.

! 50 grains of water per pound of dry air at 60 ° F shall be reported in the field dyno_ in. nom_ humid.

! " 0" shall be entered into the field dyno_ in. disable.

! FTP composite emissions (' 86.144 90) for THC, CO, NOx, and CO2 shall be reported in the fields dyno_ in. thc, dyno_ in. co, dyno_ in. co2, and dyno_ in. nox. Appendix A. 1 Mobile Source Observation Data Entry Instructions for Kansas City PM Vehicle Testing ! FTP composite fuel economy in miles per gallon shall be entered into the field dyno_ in. mpg.

! The vehicle's ETW shall be entered into the field dyno_ in. testwght.

! The dynamometer's indicated road load horse power at 50 miles per hour shall be entered into the field dyno_ in. road_ hp.

! " NO" shall be entered into the field dyno_ in. ac_ hp.

! An appropriate value shall be selected from the dynotype. dynotype and shall be entered into the field dyno_ in. dynotype.

! The vehicle's odometer reading at the start of the test shall be entered into the field dyno_ in. odometer.

! The appropriate value to represent the tests preconditioning be selected from the field precond. precond and shall be reported in the field dyno_ in. precond.

! The ambient temperature in degrees F at the start of the test shall reported in the field dyno_ in. int_ temp.

! The barometric pressure in inches of mercury at the start of the test shall be entered into the field dyno_ in. init_ baro.

! The humidity in grains of water per pound of dry air at the start of the test shall entered into the field dyno_ in. init_ humid.

The field dynob_ in. resultgrp shall be left blank.

FTP composite emissions (' 86.144 90) for methane shall be reported in the table format tmeas_ in. dbf. The fields shall be populated as follows:

! " METHANE" shall be reported as tmeas_ in. meas_ id if being measured.

! The laboratory test id shall be reported in the field tmeas_ in. ctr_ tst_ id and the same as that in dyno_ in. ctr_ tst_ id.

! The composite methane emissions in grams per mile shall be reported in the field tmeas_ in. measure.

FTP dynamometer brake horse power hours shall be reported in the table format tmeas_ in. dbf. The fields shall be populated as follows:

! " BHPH" shall be reported as tmeas_ in. meas_ id.

! The laboratory test id shall be reported in the field tmeas_ in. ctr_ tst_ id and the same as that in dyno_ in. ctr_ tst_ id. Appendix A. 1 Mobile Source Observation Data Entry Instructions for Kansas City PM Vehicle Testing ! The amount of work performed by the vehicle , as measured by the dynamometer for the entire test shall be reported in the field tmeas_ in. measure in units of brake horsepower hours.

For SI vehicles the test level total particulate (' 86.110 90) shall be reported in the table format tmeas_ in. dbf. The fields shall be populated as follows:

! " PMT_ CFR110" shall be reported as tmeas_ in. meas_ id.

! The laboratory test id shall be reported in the field tmeas_ in. ctr_ tst_ id and the same as that in dynob_ in. ctr_ tst_ id.

! Test level emissions in milligrams per mile for the particulate emissions shall be reported in the field tmeas_ in. measure.

Bag ( phase) level test data shall be reported for laboratory values in the table format bag_ in. dbf where the fields shall be populated as follows:

! The bag ( phase) number, " 1" , " 2" or " 3" shall be reported in the field bag_ in. bag_ num.

! The laboratory test id used for the test level information shall be reported in bag_ in. ctr_ tst_ id and the same as that in dyno_ in. ctr_ tst_ id.

! The average barometric pressure in inches of mercury shall be reported in the field bag_ in. bag_ baro.

! The average test cell temperature in degrees F shall be reported in the field bag_ in. bag_ temp.

! The average test cell humidity in grains of water per pound of dry air at 60 ° F shall be reported in the field bag_ in. bag_ humid.

! The total simulated distance traveled by the vehicle per phase in miles shall be reported in the field bag_ in. bag_ dist.

! Total hydrocarbon shall be reported as grams per mile in the field bag_ in. bag_ thc.

! Carbon monoxide shall be reported as grams per mile in the field bag_ in. bag_ co.

! Carbon dioxide shall be reported as grams per mile in the field bag_ in. bag_ co2.

! Oxides of nitrogen shall be reported as grams per mile in the field bag_ in. bag_ nox.

! The vehicle's fuel consumption in miles per gallon per phase shall be reported in the field bag_ in. bag_ mpg.

The phase ( bag) level methane emissions shall be reported in the table format bmeas_ in. dbf. The fields Appendix A. 1 Mobile Source Observation Data Entry Instructions for Kansas City PM Vehicle Testing shall be populated as follows:

! The phase ( bag) number shall be reported in the field bmeas_ in. bag_ num.

! " METHANE" shall be reported as bmeas_ in. meas_ id if measured.

! The laboratory test id shall be reported in the field bmeas_ in. ctr_ tst_ id and the same as that in dyno_ in. ctr_ tst_ id.

! The phase ( bag) methane emissions in grams per mile shall be reported in the field bmeas_ in. measure.

The phase ( bag) level amount of work exerted by the dyno in brake horsepower hour emissions shall be reported in the table format bmeas_ in. dbf. The fields shall be populated as follows:

! The phase ( bag) number shall be reported in the field bmeas_ in. bag_ num.

! " BHPH" shall be reported as bmeas_ in. meas_ id.

! The laboratory test id shall be reported in the field bmeas_ in. ctr_ tst_ id and the same as that in dyno_ in. ctr_ tst_ id.

! The phase ( bag) work performed by the dynamometer in brake horsepower hour shall be reported in the field bmeas_ in. measure.

For SI vehicles the phase ( bag) level total particulate (' 86.110 90) shall be reported in the table format bmeas_ in. dbf. The fields shall be populated as follows:

! The phase ( bag) number shall be reported in the field bmeas_ in. bag_ num.

! " PMT_ CFR110" shall be reported as bmeas_ in. meas_ id.

! The laboratory test id shall be reported in the field bmeas_ in. ctr_ tst_ id and the same as that in dynob_ in. ctr_ tst_ id.

! Test level emissions in milligrams per mile for the particulate emissions shall be reported in the field bmeas_ in. measure.

Second by second emission data for the laboratory test measurement shall be reported in the table format time_ in. dbf where the fields shall be populated as follows:

! The accumulated test time in seconds shall be reported in the field time_ in. dynosecs.

! The laboratory test id shall be reported in the field time_ in. ctr_ tst_ id and the same as that in dyno_ in. ctr_ tst_ id. Appendix A. 1 Mobile Source Observation Data Entry Instructions for Kansas City PM Vehicle Testing ! The average speed for the measured unit of time ( 1 second) shall be reported in miles per hour in the field time_ in. speed.

! The simulated distance traveled by the vehicle for the measured unit of time ( 1 second) in miles shall be reported in the field time_ in. dist.

! Total hydrocarbon for the measured unit of time ( 1 second) shall be reported in grams per second in the field time_ in. r_ thc.

! Carbon monoxide for the measured unit of time ( 1 second) shall be reported in grams per second in the field time_ in. r_ co.

! Oxides of nitrogen for the measured unit of time ( 1 second) shall be reported in grams per second in the field time_ in. r_ nox.

! Carbon dioxide for the measured unit of time ( 1 second) shall be reported in grams per second in the field time_ in. r_ co2.

! Total hydrocarbon accumulated to this time in grams shall be reported in the field time_ in. w_ thc.

! Carbon monoxide accumulated to this time in grams shall be reported in the field time_ in. w_ co.

! Oxides of nitrogen accumulated to this time in grams shall be reported in the field time_ in. w_ nox.

! Carbon dioxide accumulated to this time in grams shall be reported in the field time_ in. w_ co2.

! The phase number shall be reported in the field time_ in. test_ phase.

The second by second level amount of work exerted by the dyno in brake horsepower hour emissions shall be reported in the table format rmeas_ in. dbf. The fields shall be populated as follows:

! The accumulated test time in seconds shall be reported in the field rmeas_ in. dynosecs.

! " BHPH" shall be reported as rmeas_ in. meas_ id.

! The laboratory test id shall be reported in the field rmeas_ in. ctr_ tst_ id and the same as that in dyno_ in. ctr_ tst_ id.

! The phase ( bag) work performed by the dynamometer in brake horsepower hour shall be reported in the field bmeas_ in. rep_ meas.

FTP PEMS TESTING: The test level information shall be reported in the table format road_ in. dbf for PEMS values and are to populated for the as follows: Appendix A. 1 Mobile Source Observation Data Entry Instructions for Kansas City PM Vehicle Testing ! The laboratory test identifier shall be recorded in field road_ in. ctr_ tst_ id. This must be different from that used in the laboratory delivery tables and unique overall.

! " DROVE" shall be reported in the field road_ in. test_ proc.

! " KC_ PM" shall be entered into the field road_ in. wa_ id.

! The initial FTP shall have the value . F. entered into the field road_ in. replicate. The second FTP for the test vehicles shall have the value . T. entered into the field road_ in. replicate.

! The same value use to populate the field dynob_ in. fuel shall be used to populate the field road_ in. fuel.

! The value entered into equip_ in. veh_ ms_ id for this vehicle shall be reported in the field road_ in. ms_ id ! The test date and time of day shall be reported into the fields road_ in. test_ date and road_ in. test_ tod respectively.

! " 0" shall be entered into the field road_ in. disable.

! AFTP" shall be reported in the field road_ in. route.

! A unique identifier for the specific version and model of SEMTECH shall be entered into the field road_ in. instrsys.

! The vehicle's ETW shall be entered into the field road_ in. actweight.

! The average ambient temperature in degrees F shall be reported in the field road_ in. avg_ temp.

! The average humidity in of water per pound of dry air at 60 ° F shall be reported in the field road_ in. avg_ humid.

! The average barometric pressure in inches of mercury shall be reported in the field road_ in. avg_ baro.

! The vehicle's odometer reading at the start of the test shall be entered into the field road_ in. odometer.

! The appropriate value, selected from precond. precond, to represent the tests preconditioning shall be reported in the table road_ in. precond.

! Total test time in minutes, including the ten minute soak shall be entered into the field road_ in. timeonroad.

! The total test distance in miles for the FTP shall be entered in to the field road_ in. distance.

! The total work performed by the engine. calculated by SEMTECH, and in brake horsepower hours shall Appendix A. 1 Mobile Source Observation Data Entry Instructions for Kansas City PM Vehicle Testing be entered into the field road_ in. totalwork.

! " 0" shall be entered into the field road_ in. gallons.

! The phase emissions in grams for THC shall be reported in the field road_ in. w_ thc.

! The phase emissions in grams for CO shall be reported in the field road_ in. w_ co.

! The phase emissions in grams for CO 2 shall be reported as in the field road_ in. w_ co2.

! The phase emissions in grams for O 2 shall be reported as in the field road_ in. w_ o2.

! The phase emissions in grams for NO x shall be reported as in the field road_ in. w_ no.

Bag ( phase) level test data shall be reported for SEMTECH values in the table format phase_ in. dbf where the fields shall be populated as follows:

! The laboratory test identifier shall be recorded in field phase_ in. ctr_ tst_ id and the same as that in road_ in. ctr_ tst_ id.

! The bag ( phase) number, " 1" , A2" or A3" shall be entered into the field phase_ in. phase_ no.

! The average ambient temperature in degrees F shall be reported in the field phase_ in. avg_ temp.

! The average humidity in of water per pound of dry air at 60 ° F shall be reported in the field phase_ in. avg_ humid.

! The average barometric pressure in inches of mercury shall be reported in the field phase_ in. avg_ baro.

! Total test time in minutes, including the ten minute soak shall be entered into the field phase_ in. timeonroad.

! The total test distance in miles for the FTP shall be entered in to the field phase_ in. distance.

! The total work performed by the engine, as calculated by SEMTECH, and in brake horsepower hour shall be entered into the field phase_ in. totalwork.

! The gallons of fuels for this phase shall be entered into the field phase_ in. gallons.

! The phase emissions in grams for THC shall be reported in the field phase_ in. w_ thc.

! The phase emissions in grams for CO shall be reported in the field phase_ in. w_ co.

! The phase emissions in grams for CO 2 shall be reported as in the field phase_ in. w_ co2. Appendix A. 1 Mobile Source Observation Data Entry Instructions for Kansas City PM Vehicle Testing ! The phase emissions in grams for O 2 shall be reported as in the field phase_ in. w_ o2.

! The phase emissions in grams for NO x shall be reported as in the field phase_ in. w_ no.

! The start emissions shall be reported as " YES" in the field phase_ in. start_ emis for phase 1 and 3. The start emissions shall be reported as " NO" in the field phase_ in. start_ emis for phase 2.

! AAMBT" shall be reported in the field phase_ in. veh_ state for phase 1, AOPERA" shall be reported in the field phase_ in. veh_ state for phase 2, and ATRANS" shall be reported in the field phase_ in. veh_ state for phase 3.

Second by second emission data for the SEMTECH shall be reported in the table format rtime_ in. dbf where the fields shall be populated as follows:

! The laboratory test id shall be reported in the field rtime_ in. ctr_ tst_ id and the same as that in road_ in. ctr_ tst_ id.

! The accumulated test time in seconds shall be reported in the field rtime_ in. roadsecs.

! The phase number shall be reported in the field rtime_ in. phase_ no.

! The average vehicle speed for the measured unit of time ( 1 second) shall be reported in miles per hour in the field rtime_ in. roadspeed.

! The average engine vehicle speed for the measured unit of time ( 1 second) shall be reported in rpm in the field rtime_ in. enginerpm.

! The average engine torque for the measured unit of time ( 1 second) shall be reported in foot pounds in the field rtime_ in. roadtorque.

! The average ambient temperature for the measured unit of time ( 1 second) shall be reported in degrees F in the field rtime_ in. roadtemp.

! Total hydrocarbon for the measured unit of time ( 1 second) shall be reported in grams per second in the field rtime_ in. r_ thc.

! Carbon monoxide for the measured unit of time ( 1 second) shall be reported in grams per second in the field rtime_ in. r_ co.

! Oxides of Nitrogen for the measured unit of time ( 1 second) shall be reported in grams per second in the field rtime_ in. r_ no.

! Carbon dioxide for the measured unit of time ( 1 second) shall be reported in grams per second in the field time_ in. r_ co2. Appendix A. 1 Mobile Source Observation Data Entry Instructions for Kansas City PM Vehicle Testing ! Oxygen for the measured unit of time ( 1 second) shall be reported in grams per second in the field rtime_ in. r_ o2.

LA92  LABORATORY TESTING: The LA92 shall be run as a three phase test. The test level information shall be reported as the same as the FTP data in the table format dyno_ in. dbf for laboratory values except that;

! " LA92" shall be reported in the field dyno_ in. test_ proc.

! The appropriate value for the preconditioning, " 505HS", " LA4" or " FTP", shall be reported in the field dyno_ in. precond depending on if any preconditioning was performed to keep the vehicle " fully warmed."

! The LA92 is a three phase ( bag) test with physical bags, therefore the test level emissions and the phase ( bag) level emissions for THC, CO, NOx, and CO 2 are equivalent and shall be reported the same in dyno_ in. dbf and bag_ in. dbf respectively. " 1, 2 or 3" shall be reported in the field bag_ in. bag_ num.

! Second by second data shall be reported the same as for an FTP.

LA92  SEMTECH TESTING: The test level information shall be reported in the table format road_ in. dbf for SEMTECH values and are same as the FTP data except that;

! " LA92" shall be reported in the field road_ in. route.

! The total test distance in miles for the LA92 shall be entered in to the field road_ in. distance.

! The road_ in. gallons value shall be the same value entered into the field phase_ in. gallons.

! LA92 emissions in grams for THC in the field road_ in. w_ thc shall be reported the same as the emissions reported in phase_ in. w_ thc.

! LA92 emissions in grams for CO in the field road_ in. w_ co shall be reported the same as the emissions reported in phase_ in. w_ co.

! LA92 emissions in grams for CO 2 in the field road_ in. w_ co2 shall be reported the same as the emissions reported in phase_ in. w_ co2.

! LA92 emissions in grams for O 2 in the field road_ in. w_ o2 shall be reported the same as the emissions reported in phase_ in. w_ o2.

! LA92 emissions in grams for NOx in the field road_ in. w_ no shall be reported the same as the emissions reported in phase_ in. w_ no. Appendix A. 1 Mobile Source Observation Data Entry Instructions for Kansas City PM Vehicle Testing The bag( phase) level test data shall be reported in the table format phase_ in. dbf for SEMTECH values and are same as the FTP data except that;

! The bag ( phase) number shall be " 1" shall be reported in the field phase_ in. bag_ num.

! The start emissions shall be reported as " NO" in the field phase_ in. start_ emis.

! " OPERA" shall be reported in the field phase_ in. veh_ state.

SEMTECH FIELD DATA The field data for all the light duty vehicles are recorded and the same manner as in the laboratory. To capture the length of time the vehicle is sampled the table actty_ in. dbf is populated in the following manner;

! The sampling period shall be identified by the contractor by a unique character string in the field actty_ in. ctr_ tst_ id.

! " KC_ PM" shall be entered into the field actty_ in. wa_ id.

! The value entered in equip_ in. veh_ ms_ id for this vehicle is entered into the field actty_ in. ms_ id ! The date and time of the installation is entered into the field actty_ in. install_ dt.

! If the vehicle has an hour meter it's value shall be entered into the field actty_ in. install_ hrm.

! If this vehicle has been sampled before under the same procurement the field actty_ in. replicate shall be >. T.'. Otherwise the field shall be marked as >. F.'

! If the odometer reading at the time of the installation shall be entered into the field actty_ in. instal_ odm.

! At the end of the sample period the data and time shall be entered into the field actty_ in. unstall_ dt, the odometer reading inactty_ in. unstal_ odm, and the hour meter reader in the the fieldactty_ in. unstl_ hrm.

The sample shall capture the concept of trips, which are periods between engine on and engine off where the engine is running. That data shall be captured in the table trip_ in. dbf and populated as follows;

! A unique identifier for each trip shall be entered into the field trip_ in. ctr_ tst_ id.

! The value of the trips associated sample with the shall be captured by recording its actty_ in. ctr_ tst_ id in trip_ in. activityid. Appendix A. 1 Mobile Source Observation Data Entry Instructions for Kansas City PM Vehicle Testing ! A gross fuel identifier that is appropriate from the fuel. fuel_ id shall be entered into the field trip_ in. fuel_ id.

! If fuel analysis information is available the fuel batch identifier for the fuel analysis data captured in the table fbat_ in. dbf is entered into the field trip_ in. fbatch_ id.

! The date and time of the beginning of the trip shall be recorded in the field trip_ in. tstart_ dt.

! The date and time of the end of the trip shall be recorded in the field trip_ in. tend_ dt.

! A unique identifier of the vehicle operator shall be entered into the field trip_ in. operatortp.

! Any change in the instrument configuration done for this trip shall be done so with a unique instrument configuration character string in the field trip_ in. ins_ config.

! An estimate of vehicle load in passengers in the case of motor vehicle shall be recorded in the field trip_ in. passengers.

! An estimate of the vehicle's payload including passengers and cargo shall be estimated to the nearest pound in the fiel trip_ in. payload.

The second by second data shall be captured in the table rtime_ in. dbf and shall be populated as follows;

! The value of the trip_ in. ctr_ tst_ id shall be entered into the field rtime_ in. ctr_ tst_ id.

! The value of the trips associated sample shall be captured by recording its rtime_ in. ctr_ tst_ id in trip_ in. activityid.

! The running sequential time in seconds shall be recorded in the field rtime_ in. trip_ secs.

! The one second average vehicle speed in miles per hour for the associated rtime_ in. trip_ secs shall be recorded in the field rtime_ in. trip_ speed.

! The one second average engine speed in rpm for the associated rtime_ in. trip_ secs shall be recorded in the field rtime_ in. trip_ rpm.

! The one second average engine torque in foot pounds for the associated rtime_ in. trip_ secs shall be recorded in the field rtime_ in. trip_ torq.

! The one second average engine torque in foot pounds for the associated rtime_ in. trip_ secs shall be recorded in the field rtime_ in. trip_ torq.

! The one second average ambient air temperature in degrees F for the associated rtime_ in. trip_ secs shall be recorded in the field rtime_ in. trip_ tempf. Appendix A. 1 Mobile Source Observation Data Entry Instructions for Kansas City PM Vehicle Testing ! The one second average ambient air temperature in degrees C for the associated rtime_ in. trip_ secs shall be recorded in the field rtime_ in. trip_ temp.

! The one second average barometer in inches of mercury for the associated rtime_ in. trip_ secs shall be recorded in the field rtime_ in. trip_ baro.

! The one second average barometer in kPa for the associated rtime_ in. trip_ secs shall be recorded in the field rtime_ in. inst_ baro.

! The one second average humidity in grains of water per pound of dry air for the associated rtime_ in. trip_ secs shall be recorded in the field rtime_ in. trip_ humid.

! The one second average latitude in degrees for the associated rtime_ in. trip_ secs shall be recorded in the field rtime_ in. trip_ lat.

! The one second average longitude in degrees for the associated rtime_ in. trip_ secs shall be recorded in the field rtime_ in. trip_ long.

! The one second average altitude in feet for the associated rtime_ in. trip_ secs shall be recorded in the field rtime_ in. trip_ alt.

! The one second average grade in percent for the associated rtime_ in. trip_ secs shall be recorded in the field rtime_ in. trip_ grade.

! The one second average mass air flow thru the vehicle's engine in standard cubic feet per second for the associated rtime_ in. trip_ secs shall be recorded in the field rtime_ in. trip_ massf.

! The one second engine fuel rate in pounds per second for the associated rtime_ in. trip_ secs shall be recorded in the field rtime_ in. fuel_ rate.

! The one second thc, co, nox, and oxygen emission in grams for the associated rtime_ in. trip_ secs shall be recorded in the fields rtime_ in. trip_ thc, rtime_ in. trip_ co, rtime_ in. trip_ co2, rtime_ in. trip_ nox, and rtime_ in. trip_ o2.

! The one second engine coolant temperature in degrees F for the associated rtime_ in. trip_ secs shall be recorded in the field rtime_ in. eng_ cool.

! The one second engine oil temperature in degrees F for the associated rtime_ in. trip_ secs shall be recorded in the field rtime_ in. eng_ oil.

Non core measurements at the second by second level are recorded in the table pmeas_ in. dbf. They are recorded by entering into each record;

! The value of the trip_ in. ctr_ tst_ id shall be entered into the field pmeas_ in. ctr_ tst_ id. Appendix A. 1 Mobile Source Observation Data Entry Instructions for Kansas City PM Vehicle Testing ! The value of the trips associated sample shall be captured by recording its pmeas_ in. ctr_ tst_ id in trip_ in. activityid.

! The running sequential time in seconds shall be recorded in the field pmeas_ in. trip_ secs.

The associated value for pmeas_ in. meas_ id for the various analytes measured on a second by second basis are found in the attached table;

Measurement meas_ id Units AC Compressor On or off ac_ on_ off None AC Load ac_ load watts Throttle Position throttle_ p percent Exhaust Temperature ( degrees F) exh_ temp Degrees F Intake Manifold Pressure intake_ mfp Inches of Mercury Transmission Gear trans_ gear None The measurements themselves shall be stored in the field pmeas_ in. meas_ value. The ac compressor status shall be characterizes as " 0" as off and " 1" as on. The transmission gear shall be characterized by  1 for reverse, 0 for neutral, 1, 2,3 etc for forward gears. Appendix B Contract: GS 10F 0036K, Task Order: 1104 Lead PR Number: PR CI 04 10377 Appendix B Sample Size Estimation As mentioned in the proposal, the sample size was derived in three steps, as described below.

73. Estimate initial sample size ( n SRS). The initial sample size was calculated under the following assumptions:

 The sample will be large enough that large sample theory applies, i. e., the sampling distribution of the mean( s) will be approximately normal.  Vehicles would be drawn from the population using simple random sampling ( SRS).  The objective is to estimate the fleet average PM emissions rate ( g/ mi), to within 20% margin of error ( E) at a 95% level of confidence ( associated t statistic is 1.96).  The population variance is estimated by a coefficient of variation ( CV) of 250%. This value is intended to be conservative, adopted from a study in Denver that included winter as well as summer measurements in a sample heavily weighted towards older vehicles.

The initial estimate is thus calculated as:

vehicles 600 20 . 0 96 . 1 5 . 2 2 2 2 2 2 2 SRS =   =   = E t CV n 78. Estimate the effective sample size ( n strat). The effective sample size reflects the expected gain in precision from use of the age by vehicle class stratification. It is calculated as 78 . 0 9014 . 0 7000 . 0 deff where , deff 2 SRS mean, 2 strat mean, SRS strat = = =   =

s s n n This result suggests that the proposed stratified sampling should allow us to achieve the stated precision objective with ~ 20% fewer vehicles than we would expect using SRS, i. e., with 480 as opposed to 600 vehicles. The " design effect" ( deff) represents the reduction in the variance of the mean achieved through stratification. Note that variances in the equation are the estimated variances of the sampling distribution of the mean, not the population variance. For this analysis, the estimated variances were calculated using a set of data collected in the SCAQMD ( Norbeck et al. 1998). The data used represent a subset of vehicles identified as " normal" emitters, as these vehicles were recruited randomly in the context of the NCHRP. Thus, we assume that these vehicles give a rough indication of the relative sizes of the age class and vehicle class strata, as defined in Tables 1 and 2 below.

Our estimated variance of the mean under SRS assumptions is simply the estimated population variance divided by the total sample size, or Appendix B Contract: GS 10F 0036K, Task Order: 1104 Lead PR Number: PR CI 04 10377 1 Kish, L. ( 1965). Survey Sampling. John Wiley & Sons, New York. n s s 2 SRS 2 SRS mean, =

where the estimated population variance is calculated using the available data but disregarding the age classes under which it was collected. We estimate variance of the mean under stratification ( s2 mean, strat) by calculating a weighted variance from the variances of the mean in each stratum h ( s2 mean, h), as follows ( Kish, 1965) 1:

= =   =

      = 6 1 2 , mean 2 6 1 2 2 2 , h h h h h h h strat mean s W n s W s The stratum weight W h is intended to serve as an estimate of the relative size of the stratum, and is this case was calculated as number of observations in each stratum from the SCAQMD dataset, here denoted as m h.

= = 6 1 h h h h m m W 79. Allocate the Effective Sample among Strata. To divide the proposed sample among the six strata, again using the observations from the SCAQMD data ( m h) as a guide. We have used Neyman allocation, which assigns sub samples based on the product of the stratum size m h and stratum standard deviation s h. This allocation is designed to optimize the resulting precision for the given total sample size. The optimal sample within each stratum n h, opt is given as

        =

= 6 1 strat opt ,

h h h h h h m s m s n n Finally, the raw optimal stratum samples were rounded and adjusted slightly to reduce larger differences between strata given by the optimization. Final adjusted stratum samples are denoted as n h, adj and presented in Table 2. Appendix B Contract: GS 10F 0036K, Task Order: 1104 Lead PR Number: PR CI 04 10377 Table 1. Definition of Strata by Vehicle and Age Class Stratum ( h) Vehicle Class Age Class3 1 Truck 1 Pre 1981 2 Truck 1981 19904 3 Truck 1991 and newer 4 Car 2 Pre 1981 5 Car 1981 19904 6 Car 1991 and newer 1 Includes LDGT1 and LDGT2 vehicle classes. 2 Includes LDGV vehicle classes. 3 Following Norbeck et al. ( 1998) and Cadle et al. ( 1999). 4 Authors designated two strata, 1981 85 and 1986 90. These were collapsed, due to a close similarity in mean PM rates.

Table 2 Estimated Sample Size and Allocation Among Age and Vehicle Class Strata Allocation Stratum mh mean Varianc e ( s2 h) St d.

De v.

( s h) CV Var(

mean)(

s 2 m ea n ,

h) SE ( smean, h) Wh n h, opt n h, adj n h,

a dj (

%)

1 2 30.34 556.95 26.

30 0.

78 278.48 16.69 0.0222 40.52 50 1 0.

4 2 15 9.30 165.66 1 2.

87 1.

38 11.04 3.32 0.167 165.78 140 2 9.

2 3 22 3.15 9.59 3.

10 0.

98 0.44 0.66 0.244 58.50 70 1 4.

6 4 2 25.00 482.34 21.

9 0.

88 241. 15.53 0.0222 37.72 40 8 . 3 Appendix B Contract: GS 10F 0036K, Task Order: 1104 Lead PR Number: PR CI 04 10377 6 1 7 5 15 3.22 10.56 3.

25 1.

01 0.70 0.84 0.167 41.86 50 1 0.

4 6 34 1.93 21.58 4 .

65 2.

41 0.63 0.80 0.378 135.62 130 2 7.

1 Total 90 480 Notation:

Std. Dev. = Standard Deviation CV = Coefficient of variation, defined as Std. Dev./ mean. Var( mean) = Variance of the sampling distribution of the mean, = variance/ n for each stratum. SE = Standard Error of the mean, defined as SE/  n. W = stratum weight, defined as n/  n, for each stratum. n h, opt = raw sub sample in each stratum as assigned by Neyman allocation. n h, adj = rounded sub sample in each stratum. Appendix C Contract: GS 10F 0036K, Task Order: 1104 Lead PR Number: PR CI 04 10377 Appendix D Contract: GS 10F 0036K, Task Order: 1104 Lead PR Number: PR CI 04 10377 Appendice D  OTAG's Government Furnished Property List Instrument Manufacturer EPA ID S/ N Cost Diesel Particulate Monitor ( DPM), Model 1105A Rupprecht &

Pataschnick Co.,

Inc. 792787 1105A201479907 $ 39,647 with computer DPM Computer and Monitor ? 79278 7 2 79278 7 3 032333021 H051J7000434 See DPM Dewpoint Generator,

Model DG 1, Plus auxiliary Equipment:

Hot Plate, Model 1103 Dewpoint Monitor,

Model M170 Sable Systems,

Inc. Jenway Visala n/ a n/ a n/ a DG0101 03 1248 X3550014 $ 4,290 $ 895 $ 2,495 Real Time Particulate Mass Monitor, Model RPM 101 Booker Systems,

Ltd. n/ a yet n/ a $ 53,000 DataRam 4000 Thermo MIE Inc. 793003 D055 $ 10,550 Portable Emission Measurement Systems ( PEMS) Sensors, Inc.

Semtech  D  2 Semtech  G  6 n/ a yet $ 25,000  $ 40,000 depending on model type Appendix D Contract: GS 10F 0036K, Task Order: 1104 Lead PR Number: PR CI 04 10377 Three Light Duty Vehicles for Round Robin Testing Various Manufacturers n/ a yet $ 5,000  $ 20,000 depending on model Portable Activity Measurement Systems ( PAMS) approximately 10 units n/ a yet $ 300 per unit Auxiliaries KT1 Plus Compressor Kaeser n/ a n/ a $ 2,500 Heated Sample Valve System Burkert n/ a n/ a $ 4,500 Valve Control System EPA n/ a n/ a $ 1,200 Heated Lines and Controllers Unique Products n/ a n/ a $ 12,000 n/ a  Not Assigned Appendix D Contract: GS 10F 0036K, Task Order: 1104 Lead PR Number: PR CI 04 10377 Appenidces D  ORD's Government Furnished Property ( Dynamometer and Other Equipment)

Item Manufacturer Model # Serial ( ID) # EPA #

Trailer Haulmark G816B3 102 4XSGB1629Y G022365 Instrument rack,

( 42" x71" x28")

CO2 Instrument Horiba AIA 210 569687041 911710 CO( H) Instrument Horiba AIA 210 56884301 911711 Nox Instrument Horiba CLA220 573834033 969210 Hydrocarbon Instrument Horiba FIA236 850624012 Hydrocarbon Instrument Horiba FIA34A 850584012 Hydrocarbon Instrument Horiba OPE435 850658077 CO Instrument,

optical Horiba AIA23AS 850988014 CO Instrument,

electronics Horiba OPE135 850658014 Digital Meter LFE Appendix D Contract: GS 10F 0036K, Task Order: 1104 Lead PR Number: PR CI 04 10377 Meter, temperature Omega DP205TC Meter, temperature Omega DP205TC 3081342 Meter, temperature Omega DP205TC 3081329 2 Meters, digital Newport 2AP2 Meter, digital Cole Parmer 7350 38 17524 17 1287 Pressure Transducer Data Instruments SA 3488 0017 Temperature Controller Unique Products 223 1531 6336 Temperature Controller Unique Products 223 1531 Computer Mitsuba 1239933 n/ a 928752 Monitor Dell D1028L 66746JA56K Computer mouse Kentronix 10017631 Printer Hewitt Packard Deskjet 932C NX0C61SOHZ Keyboard Chicony KB5181 TCK3C08137 Monitor Axion CL 1566 CB266AS0074 4 Instrument Rack ( 24" x24" x74") Appendix D Contract: GS 10F 0036K, Task Order: 1104 Lead PR Number: PR CI 04 10377 Heated Line Unique Products S11B4240TM AA1 Temperature Controller Unique Products 223 1531 4878 Temperature Controller Unique Products Refrigerator Whirlpool EL05CCXJW EE0218193 Chair Chair VGA distribution amplifier Extron P/ 2 DA2 Plus 249005 Headphones David Clark Co. H5030 12511G 01 Headphones David Clark Co. H5040 16298G 03 Headphones David Clark Co. H5030 Readout box Tylan RO32 FP901021 Mass Flow Controller Tylan FC280 AW801070 Instrument Rack ( 74" x24" x24") Appendix D Contract: GS 10F 0036K, Task Order: 1104 Lead PR Number: PR CI 04 10377 Monitor Mitsuba CM43 353JR000U006 44 Drivers Aid Horiba SADA 2040 270188 9443501 911694 Computer Hewlett Packard VL2 3436A00341 Digital Readout box Tylan RO28 F0604019 Mass Flow Controller Tylan FC280 AW801200 Mass Flow Controller Tylan FC280 AW801201 Mass Flow Controller Tylan FC280 AW805124 Mass Flow Controller Tylan FC280 AW507001 Keyboard Qtronix QX901 903000755 Rack Power Strip Flexiduct BR06010 NXX300120 Rack Power Strip Flexiduct SP12410 BXX300022 Instrument manuals in 3 ring binder Winch, electric Dayton 4Z327A Appendix D Contract: GS 10F 0036K, Task Order: 1104 Lead PR Number: PR CI 04 10377 Regulator, gas National Welders 3104C Regulator, gas National Welders HPT270C A217254 Regulator, gas National Welders HPT270 125

590 DK Regulator, gas National Welders HPT2700 E227323 Regulator, gas Nox 660 Regulator, gas National Welders HPT272C KY37784 Regulator, gas National Welders GPT2700 GA33049 Regulator, gas National Welders HPT270C FZ13512 Bag Rack w/ 8 Tedlar bags Horiba Air Pump Metal Bellows MB 21 10545 Air Pump Thomas 1107CM75 0000187 Air Pump Gast 0523 V191QG582DX 9802803610 Air Pump Gast 0523 V191QG582DX 9812011058 Appendix D Contract: GS 10F 0036K, Task Order: 1104 Lead PR Number: PR CI 04 10377 Air Pump Gast 0523 V191QG588DX 1002119130 Air Pump Thomas 607CA22 Air Pump Thomas 607CA22 Air Pump Thomas 607CA22 Relay and Solenoid Rack Temperature Controller Unique Products 223 2219 13202 Temperature Controller Unique Products 223 2219J 7813 Temperature Controller Unique Products 223 1531 4748 Heated Line, 20' x 1/ 4 " Unique Products Heated Line, 20' x 1/ 4" Unique Products Heated Line, 20' x 1/ 4" Unique Products Heated Line, 50' x 3/ 8" Unique Products Heated Filter Unique Products FLT1584BB6 AAJ 000 13203 Appendix D Contract: GS 10F 0036K, Task Order: 1104 Lead PR Number: PR CI 04 10377 Heated Filter ( on order) Cyclone, ss ( on order) URG Cyclone, ss ( on order) URG ( 2) Power Cables,

50' 240V, 50 amp Condenser Tecumsek AE3Y14AA 9A1768096 ( 2) Winches Dayton 4Z327A Miscellaneous tools Miscellaneous office supplies Miscellaneous electrical supplies Miscellaneous tubing Miscellaneous swaglock fittings Miscellaneous hardware Space heater Appendix D Contract: GS 10F 0036K, Task Order: 1104 Lead PR Number: PR CI 04 10377 Miscellaneous padlocks Item Manufacturer Model # Serial ( ID) # EPA #

Trailer Fruehauf C6HE Y2 DLR503307 807534 Air Cooler C810B 12936 Air Compressor 2800061DUA0 01 45929NSO423 02 Air Compressor Motor Dayton 6K827L C63GKE

4555J977 Positive Displacement Pump ( PDP) Suterbilt 5 LP 5085736 PDP Motor GE MOTORS 5KC184BB211 NPY300 Dynamometer ( Electronic controller, rolls,

and flywheels Clayton CTE 50 RLC 175 807535 1 carpenter's level,

4' 15 trailer jack stands Appendix D Contract: GS 10F 0036K, Task Order: 1104 Lead PR Number: PR CI 04 10377 Weight calibration set, 45lb., 10 lb.

and arbor 5 pieces of 18"

chain 2 Ramps, aluminum ( 8' x12')

Fan Hartzell Fan motor Reliance CS C56E1768MDZ Muffler Burgess Manning BEO 3.5 52 170 0 4 Aluminum ramps ( 7.5' x 18") Metro Trailer Manuf.

Aluminum ramp ( 2' x12')

8" OD Tunnel,

stainless steel, 10'

and 12' sections Flexible tube,

3" x14' braided,

stainless steel Appendix D Contract: GS 10F 0036K, Task Order: 1104 Lead PR Number: PR CI 04 10377 4" OD Tunnel,

stainless steel sections, total ~ 8'

Flexible tube ( 4" x4'

) Filter housing ( 2' x2'

aluminum)

Tube elbow,

stainless steel ( 8" x24")

Winch Dayton 6X190B X1059057 Winch post, 6'

aluminum Water pump FP6121 00 1E95B Floor Jack ( 6) Dilution tunnel support stands ( 2) Jack stands for ramps Dilution air heater Unique Products 507574 8014 Steel Toolbox,

36" x18" x18" Payload Appendix D Contract: GS 10F 0036K, Task Order: 1104 Lea ( 4) Metal Leg stands ( 26) silicon boots, 11"

( 5) Nylon, rachet style tie down straps Wire cable with hooks, 8'

( 5) 2000 lb chain binders ( 1) 5400 lb chain binder Nustar Power Pusher 44518 933311 ( 6) Straps, load binder Appendix D Contract: GS 10F 0036K, Task Order: 1104 Lea


[Federal Register: August 6, 2009 (Volume 74, Number 150)]
[Notices]
[Page 39372-39373]
[DOCID:fr06au09-99]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60408; File No. SR-MSRB-2009-11]

Self-Regulatory Organizations; Municipal Securities Rulemaking
Board; Notice of Filing and Immediate Effectiveness of Amendments to
Rule A-3, on Membership on the Board, Rule A-4, on Meetings of the
Board, Rule A-5, on Officers and Employees of the Board, and Rule A-6,
on Committees of the Board

July 30, 2009.
    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 29, 2009, the Municipal Securities Rulemaking Board (``MSRB''
or ``Board''), filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II
and III below, which Items have been substantially prepared by the
MSRB. The MSRB has filed the proposal pursuant to Section
19(b)(3)(A)(iii) of the Act,\3\ and Rule 19b-4(f)(3) thereunder,\4\
which renders the proposal effective upon filing with the Commission.
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(3).
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Board has been reviewing its Administrative Rules and by-laws
to ensure that they are consistent with current good corporate
governance practices. Pursuant to this review, the MSRB is filing
amendments to Rule A-3, on membership on the Board, Rule A-4, on
meetings of the Board, Rule A-5, on officers and employees of the
Board, and Rule A-6, on committees of the Board. The text of the
proposed rule change is available on the MSRB's Web site at http://
www.msrb.org/msrb1/sec.asp, at the MSRB's principal office, and at the
Commission's Public Reference Room.

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

    In its filing with the Commission, the MSRB 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. The MSRB 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
    The Board has been reviewing its Administrative Rules and by-laws
to ensure that they are consistent with current good corporate
governance practices. Among other things, Rule A-3, on membership on
the Board, states that the Board will be composed of 15 members and it
describes the types of groups that will be represented on the Board
(i.e., public representatives, broker-dealer representatives and bank
representatives). The Board considered the possibility of two persons
associated with the same firm being seated on the Board due to a
merger, consolidation or similar corporate action of Board members'
firms or other change in circumstances. The Board decided to add new
section (g) to Rule A-3 to prohibit two persons associated with the
same firm from serving as members of the Board at the same time. The
proposed rule change also revises the language in Rule A-3(c)(iv) to
restore language that was inadvertently deleted from the rule in recent
amendments.\5\ The revised language now reads as was intended in the
previous proposed rule change.
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 57500 (March 14,
2008), 73 FR 15244 (March 21, 2008). See also File No. SR-MSRB-2008-
02.
---------------------------------------------------------------------------

    Rule A-5, on officers and employees of the Board, among other
things, describes the procedure for the election of officers. Rule A-
5(b) notes that vacancies in office shall be filled as soon as
practicable by vote of the Board members. The proposed rule change adds
language to Rule A-5(b) to provide for an election to fill a vacancy if
a Board member elected to a Board office becomes unable to take the
position (e.g., by resignation) prior to the commencement of the term.
    The proposed rule change also revises the language in Rules A-3, A-
4, on meetings of the Board, A-5 and A-6, on committees of the Board,
to ensure gender neutrality by replacing the word ``Chairman'' with the
word ``Chair.''
2. Statutory Basis
    The MSRB believes that the proposed rule change is consistent with
the requirements of Section 15B(b)(2)(I) of the Act,\6\ which
authorizes the MSRB to adopt rules that provide for the operation and
administration of the MSRB. The MSRB believes that the proposed rule
change is consistent with this provision because it is concerned solely
with the operation and administration of the MSRB.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78o-4(b)(2)(I).
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

    The MSRB does not believe the proposed rule change will impose any
burden on competition not necessary or appropriate in furtherance of
the purposes of the Act since it only applies to the operation and
administration of the MSRB.

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 on the
proposed rule change.

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

    The proposed rule change has become effective pursuant to Section
19(b)(3)(A)(iii) of the Act \7\ and Rule 19b-4(f)(3) thereunder \8\
because it is concerned solely with the operation and administration of
the MSRB. 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.\9\
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 17 CFR 240.19b-4(f)(3).
    \9\ See Section 19(b)(3)(C) of the Act, 15 U.S.C. 78s(b)(3)(C).
---------------------------------------------------------------------------

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-MSRB-2009-11 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-MSRB-2009-11. 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 the MSRB. 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-MSRB-2009-11 and should be
submitted on or before August 27, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
---------------------------------------------------------------------------

    \10\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-18764 Filed 8-5-09; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 85, Number 134 (Monday, July 13, 2020)]
[Notices]
[Pages 41999-42000]
[FR Doc No: 2020-15011]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2018-E-4404]

Determination of Regulatory Review Period for Purposes of Patent
Extension; CARTIVA

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA or the Agency) has
determined the regulatory review period for CARTIVA and is publishing
this notice of that determination as required by law. FDA has made the
determination because of the submission of an application to the
Director of the U.S. Patent and Trademark Office (USPTO), Department of
Commerce, for the extension of a patent which claims that medical
device.

DATES: Anyone with knowledge that any of the dates as published (in
SUPPLEMENTARY INFORMATION) are incorrect may submit either electronic
or written comments and ask for a redetermination by September 11,
2020. Furthermore, any interested person may petition FDA for a
determination regarding whether the applicant for extension acted with
due diligence during the regulatory review period by January 11, 2021.
See ``Petitions'' in the SUPPLEMENTARY INFORMATION section for more
information.

ADDRESSES: You may submit comments as follows. Please note that late,
untimely filed comments will not be considered. Electronic comments
must be submitted on or before September 11, 2020. The https://www.regulations.gov electronic filing system will accept comments until
11:59 p.m. Eastern Time at the end of September 11, 2020. Comments
received by mail/hand delivery/courier (for written/paper submissions)
will be considered timely if they are postmarked or the delivery
service acceptance receipt is on or before that date.

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2018-E-4404 for ``Determination of Regulatory Review Period for
Purposes of Patent Extension; CARTIVA.'' Received comments, those filed
in a timely manner (see ADDRESSES), will be placed in the docket and,
except for those submitted as ``Confidential Submissions,'' publicly
viewable at https://www.regulations.gov or at the Dockets Management
Staff between 9 a.m. and 4 p.m., Monday through Friday,<PHONE_NUMBER>.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit

both copies to the Dockets Management Staff. If you do not wish your
name and contact information to be made publicly available, you can
provide this information on the cover sheet and not in the body of your
comments and you must identify this information as ``confidential.''
Any information marked as ``confidential'' will not be disclosed except
in accordance with Sec.  10.20 (21 CFR 10.20) and other applicable
disclosure law. For more information about FDA's posting of comments to
public dockets, see 80 FR 56469, September 18, 2015, or access the
information at: https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852,<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Beverly Friedman, Office of Regulatory
Policy, Food and Drug Administration, 10903 New Hampshire Ave., Bldg.
51, Rm. 6250, Silver Spring, MD 20993,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    The Drug Price Competition and Patent Term Restoration Act of 1984
(Pub. L. 98-417) and the Generic Animal Drug and Patent Term
Restoration Act (Pub. L. 100-670) generally provide that a patent may
be extended for a period of up to 5 years so long as the patented item
(human drug product, animal drug product, medical device, food
additive, or color additive) was subject to regulatory review by FDA
before the item was marketed. Under these acts, a product's regulatory
review period forms the basis for determining the amount of extension
an applicant may receive.
    A regulatory review period consists of two periods of time: A
testing phase and an approval phase. For medical devices, the testing
phase begins with a clinical investigation of the device and runs until
the approval phase begins. The approval phase starts with the initial
submission of an application to market the device and continues until
permission to market the device is granted. Although only a portion of
a regulatory review period may count toward the actual amount of
extension that the Director of USPTO may award (half the testing phase
must be subtracted as well as any time that may have occurred before
the patent was issued), FDA's determination of the length of a
regulatory review period for a medical device will include all of the
testing phase and approval phase as specified in 35 U.S.C.
156(g)(3)(B).
    FDA has approved for marketing the medical device CARTIVA. CARTIVA
is approved for use in the treatment of patients with painful
degenerative or post-traumatic arthritis (hallux limitus or hallux
rigidus) in the first metatarsophalangeal joint with or without the
presence of mild hallux valgus. Subsequent to this approval, the USPTO
received a patent term restoration application for CARTIVA (U.S. Patent
No. 5,981,826) from Cartiva, Inc., and the USPTO requested FDA's
assistance in determining this patent's eligibility for patent term
restoration. In a letter dated June 12, 2019, FDA advised the USPTO
that this medical device had undergone a regulatory review period and
that the approval of CARTIVA represented the first permitted commercial
marketing or use of the product. Thereafter, the USPTO requested that
FDA determine the product's regulatory review period.

II. Determination of Regulatory Review Period

    FDA has determined that the applicable regulatory review period for
CARTIVA is 2,407 days. Of this time, 1,979 days occurred during the
testing phase of the regulatory review period, while 428 days occurred
during the approval phase. These periods of time were derived from the
following dates:
    1. The date a clinical investigation on humans involving the device
was begun: November 30, 2009. The applicant claims that the date of the
beginning of the testing phase of the regulatory review period was
October 27, 2009. However, records indicate that the period beginning
on the date a clinical investigation on humans involving the device was
begun was November 30, 2009, which represents the beginning of the
testing phase of the regulatory review period.
    2. The date an application was initially submitted with respect to
the device under section 515 of the FD&C Act (21 U.S.C. 360e): May 1,
2015. The applicant claims May 13, 2015, as the date the premarket
approval application (PMA) for CARTIVA (PMA 150017) was initially
submitted. However, FDA records indicate that PMA 150017 was submitted
on May 1, 2015.
    3. The date the application was approved: July 1, 2016. FDA has
verified the applicant's claim that PMA 150017 was approved on July 1,
2016. This determination of the regulatory review period establishes
the maximum potential length of a patent extension. However, the USPTO
applies several statutory limitations in its calculations of the actual
period for patent extension. In its application for patent extension,
this applicant seeks 1,429 days of patent term extension.

III. Petitions

    Anyone with knowledge that any of the dates as published are
incorrect may submit either electronic or written comments and, under
21 CFR 60.24, ask for a redetermination (see DATES). Furthermore, as
specified in Sec.  60.30 (21 CFR 60.30), any interested person may
petition FDA for a determination regarding whether the applicant for
extension acted with due diligence during the regulatory review period.
To meet its burden, the petition must comply with all the requirements
of Sec.  60.30, including but not limited to: Must be timely (see
DATES), must be filed in accordance with Sec.  10.20, must contain
sufficient facts to merit an FDA investigation, and must certify that a
true and complete copy of the petition has been served upon the patent
applicant. (See H. Rept. 857, part 1, 98th Cong., 2d sess., pp. 41-42,
1984.) Petitions should be in the format specified in 21 CFR 10.30.
    Submit petitions electronically to https://www.regulations.gov at
Docket No. FDA-2013-S-0610. Submit written petitions (two copies are
required) to the Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

    Dated: July 7, 2020.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2020-15011 Filed 7-10-20; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register: June 6, 2007 (Volume 72, Number 108)]
[Rules and Regulations]
[Page 31183-31185]
[DOCID:fr06jn07-7]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2007-0091, FRL-8322-5]

Findings of Failure To Attain; State of Arizona, Phoenix
Nonattainment Area; State of California, Owens Valley Nonattainment
Area; Particulate Matter of 10 Microns or Less

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is finalizing its findings that the Phoenix Planning Area
(Phoenix nonattainment area) and the Owens Valley Planning Area (Owens
Valley nonattainment area) did not attain the 24-hour National Ambient
Air Quality Standard (NAAQS) for particulate matter of 10 microns or
less (PM-10) by the deadline mandated in the Clean Air Act (CAA or the
Act), December 31, 2006. These findings are based on monitored air
quality data for the PM-10 NAAQS from 2004 through September 2006.
    Several Indian tribes have reservations located within the
boundaries of the Phoenix and Owens Valley nonattainment areas. EPA
implements CAA provisions for determining whether such areas have
attained the NAAQS by the applicable attainment deadline. After
affording the affected tribal leaders the opportunity to consult with
EPA on its proposed actions, the Agency is also finding that

the tribal areas have failed to attain the 24-hour PM-10 NAAQS.
    As a result of these failures to attain findings, Arizona and
California must submit by December 31, 2007, plan provisions that
provide for attainment of the 24-hour PM-10 NAAQS and that achieve 5
percent annual reductions in PM-10 or PM-10 precursor emissions as
required by CAA section 189(d).

DATES: Effective Date: This rule is effective on July 6, 2007.

ADDRESSES: EPA has established docket number EPA-R09-OAR-2007-0091 for
this action. The index to the docket is available electronically at
http://www.regulations.gov and in hard copy at EPA Region 9, 75

Hawthorne Street, San Francisco, California. While all documents in the
docket are listed in the index, some information may be publicly
available only at the hard copy location (e.g., copyrighted material),
and some may not be publicly available in either location (e.g., CBI).
To inspect the hard copy materials, please schedule an appointment
during normal business hours with the contact listed in the FOR FURTHER
INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: For Phoenix issues contact Doris Lo,
EPA Region IX,<PHONE_NUMBER><EMAIL_ADDRESS>for Owens Valley
issues contact Larry Biland, EPA Region IX,<PHONE_NUMBER>,
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we,''
``us,'' or ``our'' are used, we mean EPA.

I. Proposed Action and Subsequent Air Quality Data

    On March 23, 2007, EPA proposed to find that the Phoenix and Owens
Valley nonattainment areas failed to attain the 24-hour PM-10 NAAQS by
the CAA deadline, December 31, 2006. For details on the background and
air quality data supporting these proposed findings, please see the
proposed rule. 72 FR 13725.
    In our proposed rule we noted that the data on which we based our
proposed findings of failure to attain were collected from January 2004
through September 2006. EPA normally uses three complete calendar years
of data to determine an area's attainment status. However, when less
data are sufficient to unambiguously establish nonattainment, 40 CFR
part 50, appendix K, section 2.3(c) allows EPA to determine that a
monitor is in violation of the PM-10 NAAQS. In the case of the Phoenix
and Owens Valley nonattainment areas, two years and nine months of data
were available at the time of the proposed rule and clearly indicated
that the areas were in violation of the 24-hour PM-10 NAAQS. Thereafter
Arizona and California have submitted data for October through December
2006 to EPA's Air Quality System (AQS) database. These data indicate
that there have been no additional exceedances of the PM-10 standard in
the Phoenix and Owens Valley areas.\1\ Therefore, the inclusion of
these data does not affect EPA's proposed nonattainment findings for
these areas.
---------------------------------------------------------------------------

    \1\ Table 1 in the proposed rule (``Phoenix Nonattainment Area
PM-10 Data Summary 2004-2006 Sites in Violation of the 24-hour PM-10
NAAQS'') provides details on the number of observed and estimated
exceedances recorded at five monitoring sites in the Phoenix
nonattainment area from January 2004 through September 2006. 72 FR
at 13725. While the attainment status of the monitors did not change
based on the inclusion of data from October through December 2006,
we no longer consider one of the sites listed in Table 1, Higley
(AQS 04-013-4006), to be in violation of the NAAQS. As
indicated in footnote 2 of the proposed rule, EPA has concurred with
several of Arizona's requests to exclude certain exceedances of the
24-hour PM-10 NAAQS from consideration in our nonattainment finding
because these exceedances were due to exceptional or natural events.
Id. Since we prepared the proposed rule, EPA has also concurred with
Arizona's request to exclude two exceedance days at the Higley
monitor (April 14 and 15, 2006) as being due to natural events.
(March 14, 2007 letter to Nancy C. Wrona, Arizona Department of
Environmental Quality from Sean Hogan, EPA). When these exceedances
are excluded, the average annual estimated number of exceedances at
Higley drops from 1.2 per year to 1.0 per year. The standard is
attained when the estimated number of exceedances is less than or
equal to one per year. See 40 CFR 50.6(a). However, even with the
exclusion of the Higley data, the Phoenix nonattainment area is
still in violation of the 24-hour PM-10 NAAQS based on the
exceedances listed in Table 1 for the other four sites.
---------------------------------------------------------------------------

II. Public Comments and EPA Responses

    By letters dated March 15, 2007, EPA invited the Indian tribes
located within the boundaries of the Phoenix and Owens Valley
nonattainment areas to consult with us on the proposed findings. We
received no response from the tribes. Moreover, EPA did not receive any
adverse comments regarding the findings of failure to attain. Below is
a summary of the comments we received and our responses.
    Comments regarding Phoenix: In general, commenters agreed with
EPA's proposed nonattainment finding for the Phoenix nonattainment
area. Two commenters wanted EPA to impose sanctions because the area
has received attainment date extensions and has still failed to achieve
the attainment deadline.
    Response: The consequence of the Phoenix nonattainment area's
failure to attain the 24-hour PM-10 standard by December 31, 2006 is a
finding of failure to attain that results in new PM-10 planning
requirements and deadlines. See CAA sections 179(c) and 189(d). Under
the CAA, failure to meet attainment deadlines does not result in the
imposition of sanctions. However, under CAA section 179(a) and (b), if
EPA determines that Arizona fails to submit a new plan by December 31,
2007, or determines that such a plan is incomplete, or if EPA
disapproves such a plan in whole or in part, the Agency must impose
offset or highway sanctions unless the deficiency has been corrected
within 18 months.
    Comment regarding Owens Valley: EPA received comments on the
history of the Owens Valley nonattainment area's PM-10 nonattainment
problem and the controls undertaken and committed to by the City of Los
Angeles.
    Response: EPA appreciates the information. The Great Basin Unified
Air Pollution Control District and the City of Los Angeles will need to
continue to work together to attain the PM-10 standard in the Owens
Valley nonattainment area.

III. EPA Action

    EPA is finding that the Phoenix and Owens Valley nonattainment
areas did not attain the 24-hour PM-10 NAAQS by the December 31, 2006
attainment deadline.
    Under section 189(d) of the Act, serious PM-10 nonattainment areas
that fail to attain are required to submit within 12 months of the
applicable attainment date, ``plan revisions which provide for
attainment of the PM-10 air quality standard and, from the date of such
submission until attainment, for an annual reduction in PM-10 or PM-10
precursor emissions within the area of not less than 5 percent of the
amount of such emissions as reported in the most recent inventory
prepared for such area.''
    In accordance with CAA section 179(d)(3), the attainment deadline
applicable to an area that misses the serious area attainment date is
as soon as practicable, but no later than 5 years from the publication
date of the nonattainment finding notice. EPA may, however, extend the
attainment deadline to the extent it deems appropriate for a period no
greater than 10 years from the publication date, ``considering the
severity of nonattainment and the availability and feasibility of
pollution control measures.'' In addition to the attainment
demonstration and 5 percent requirements, the plans under section
189(d) for the Phoenix and Owens Valley nonattainment areas must

address all applicable requirements of the CAA, including sections
110(a), 172(c), 176(c) and 189(c)(1).
    Because the applicable attainment date for both nonattainment areas
was December 31, 2006, under section 189(d), the submittal deadline for
the plans will be December 31, 2007.

IV. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
in and of itself establishes no new requirements, it merely notes that
the air quality in the Phoenix nonattainment area and the Owens Valley
nonattainment area did not meet the federal health standard for PM-10
by the CAA deadline. Accordingly, the Administrator certifies that this
rule will not have a significant economic impact on a substantial
number of small entities under the Regulatory Flexibility Act (5 U.S.C.
601 et seq.). Because this rule does not in and of itself establish new
requirements, EPA believes that it is questionable whether a
requirement to submit a SIP revision constitutes a federal mandate. The
obligation for a State to revise its SIP arises out of sections 110(a),
179(d), and 189(d) of the CAA and is not legally enforceable by a court
of law, and at most is a condition for continued receipt of highway
funds. Therefore, it is possible to view an action requiring such a
submittal as not creating any enforceable duty within the meaning of
section 421(5)(9a)(I) of the Unfunded Mandates Reform Act (UMRA) (2
U.S.C. 658(a)(I)). Even if it did, the duty could be viewed as falling
within the exception for the condition of Federal assistance under
section 421(5)(a)(i)(I) of UMRA (2 U.S.C. 658(5)(a)(i)(I)). Therefore,
today's action does not contain any unfunded mandate or significantly
or uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4).
    Several Indian tribes have reservations located within the
boundaries of the Phoenix and Owens Valley nonattainment areas. EPA is
responsible for the implementation of federal Clean Air Act programs in
Indian country, including findings of failure to attain. EPA has
notified the affected tribal officials and consulted with all
interested tribes, as provided for by Executive Order 13175 (65 FR
67249, November 9, 2000). EPA contacted each tribe and gave them the
opportunity to enter into consultation on a government-to-government
basis. This action also does not have Federalism implications because
it does 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 (64 FR 43255, August
10, 1999). This action does not in and of itself create any new
requirements and does not alter the relationship or the distribution of
power and responsibilities established in the Clean Air Act. This rule
also is not subject to Executive Order 13045, ``Protection of Children
from Environmental Health Risks and Safety Risks'' (62 FR 19885, April
23, 1997), because it is not economically significant. Because these
findings of failure to attain are factual determinations based on air
quality considerations, the requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) do not apply. This rule does not impose an information collection
burden under the provisions of the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA 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 prior
to 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).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by August 6, 2007. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Volatile organic
compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: May 24, 2007.
Jane Diamond,
Acting Regional Administrator, Region IX.
[FR Doc. E7-10857 Filed 6-5-07; 8:45 am]

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