agency must declare that the Director of the Federal Register has
approved incorporation by reference of a publication into a regulation.
In this rule, the agency is amending the incorporation by reference
provision at Sec.  575.3, Matter incorporated by reference, to include
a centralized index of all of the publications incorporated into Part
575. This is not intended to alter the substance any references, but
merely to centralize all of the incorporation by references contained
in Part 575. Also in this final rule we are updating the existing
information in Sec.  575.3 to include updated language in regard to
incorporation of materials by reference, including new procedures for
retrieving materials from the National Archives and Records
Administration and a new format indicating the sections where
incorporated materials are referenced.
    Finally, this final rule also makes a number of changes to the
regulatory text throughout the various sections of Parts 575. This is
being done to standardize the reference to industry consensus standards
incorporated by reference throughout Part 575, and to provide internal
cross references back to the centralized incorporation by reference
section, 49 CFR 575.3, so that readers understand where they can find
all materials incorporated by reference in Part 575.

XIV. Regulatory Notices and Analyses

A. Executive Order 12866 and DOT Regulatory Policies and Procedures

    Executive Order 12866, ``Regulatory Planning and Review'' (58 FR
51735, Oct. 4, 1993), provides for making determinations whether a
regulatory action is ``significant'' and therefore subject to Office of
Management and Budget (OMB) review and to the requirements of the
Executive Order. The Order defines a ``significant regulatory action''
as one that is likely to result in a rule that may:
    (1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local or Tribal governments or communities;
    (2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
    (4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
    We have considered the impact of this rulemaking action under
Executive Order 12866 and the Department of Transportation's regulatory
policies and procedures. The annual effect on the economy of this
rulemaking depends on consumer and manufacturer responses to the
program. However, this rulemaking is significant due to public interest
in the issues. Therefore, this document was reviewed by the Office of
Management and Budget under E.O. 12866, ``Regulatory Planning and
Review.''
    This document would amend 49 CFR Part 575 by adding a new section
for requirements pursuant to the National Tire Fuel Efficiency Consumer
Information Program. The agency has prepared a Final Regulatory Impact
Analysis (FRIA) and placed it in the docket and on the agency's Web
site. If 1 percent of the targeted tire population (1.4 million) are
improved at an average cost of $3 per tire, the annual cost of NHTSA's
final rule is estimated to be $9.3 million. This includes annual
testing costs of $3.7 million, annual reporting costs of around
$113,000, annual costs to the Federal government of $1.3 million, and
annual costs of $4.2 million to improve tires. In the first year, NHTSA
anticipates one-time costs of $34.8 million, including the same costs
noted above except changes in initial testing costs of $33.1 million,
no one-time costs to improve tires (NHTSA only assumes this as a
subsequent annual cost, not an initial cost), and reporting start-up
costs of almost $400,000. For a further explanation of the estimated
costs, see the FRIA provided in the docket for this proposal.

B. National Environmental Policy Act

    We have reviewed this rule for the purposes of the National
Environmental Policy Act and determined that it would

not have a significant impact on the quality of the human environment.

C. Regulatory Flexibility Act

    Pursuant to the Regulatory Flexibility Act (5 U.S.C. 601 et seq.,
as amended by the Small Business Regulatory Enforcement Fairness Act
(SBREFA) of 1996), whenever an agency is required to publish a notice
of rulemaking for any proposed or final rule, it must prepare and make
available for public comment a regulatory flexibility analysis that
describes the effect of the rule on small entities (i.e., small
businesses, small organizations, and small governmental jurisdictions).
The Small Business Administration's regulations at 13 CFR part 121
define a small business, in part, as a business entity ``which operates
primarily within the United States.'' 13 CFR 121.105(a). No regulatory
flexibility analysis is required if the head of an agency certifies the
rule will not have a significant economic impact on a substantial
number of small entities.
    In compliance with the Regulatory Flexibility Act NHTSA has
evaluated the effects of this final rule on small entities. The head of
the agency has certified that this final rule would not have a
significant economic impact on a substantial number of small entities.
The following is NHTSA's statement providing the factual basis for the
certification (5 U.S.C. 605(b)). Tire manufacturers are not small
entities. Out of the 60,000 entities that sell tires, there are a
substantial number of tire dealers/retailers that are small entities.
Since this final rule does not finalize any requirements pertaining to
tire retailers, this final rule would not have a significant economic
impact on a substantial number of small entities.

D. Executive Order 13132 (Federalism)

    NHTSA has examined today's final rule pursuant to Executive Order
13132 (64 FR 43255, August 10, 1999). Executive Order 13132 requires
agencies to determine the federalism implications of a proposed rule.
    As noted in section II.C.7 above, Section 111 of EISA contains both
an express preemption provision and a savings provision that address
the relationship of the national tire fuel efficiency consumer
information program to be established under that section with State and
local tire fuel efficiency consumer information programs. Section 111
provides:

    Nothing in this section prohibits a State or political
subdivision thereof from enforcing a law or regulation on tire fuel
efficiency consumer information that was in effect on January 1,
2006. After a requirement promulgated under this section is in
effect, a State or political subdivision thereof may adopt or
enforce a law or regulation on tire fuel efficiency consumer
information enacted or promulgated after January 1, 2006, if the
requirements of that law or regulation are identical to the
requirement promulgated under this section. Nothing in this section
shall be construed to preempt a State or political subdivision
thereof from regulating the fuel efficiency of tires (including
establishing testing methods for determining compliance with such
standards) not otherwise preempted under this chapter.\339\
---------------------------------------------------------------------------

    \339\ 49 U.S.C. 32304A(e).

    In the NPRM, NHTSA sought public comment on the scope of Section
111 generally, and in particular on whether, and to what extent,
Section 111 would or would not preempt tire fuel consumer information
regulations that the administrative agencies of the State of California
may promulgate in the future pursuant to California's Assembly Bill 844
(AB 844).\340\ Given the ambiguity of the statutory language regarding
preemption, the agency sent a copy of the NPRM directly to the State of
California, the National Governor's Association, the National
Conference of State Legislatures, the Council of State Governments, and
the National Association of Attorneys General. Of these organizations,
only the California Energy Commission submitted comments on the NPRM. A
summary of all comments the agency received on this issue is presented
here.
---------------------------------------------------------------------------

    \340\ Cal. Pub. Res. Code Sec. Sec.  25770-25773; 2003 Cal.
Legis. Serv. Ch. 645 (A.B. 844) (West). This California legislation
mandated that the California Energy Commission (CEC) develop and
implement both a tire efficiency program and a corresponding
consumer information program, and was passed on October 1, 2003.
---------------------------------------------------------------------------

    Tire Rack commented that it believes NHTSA's proposed tire fuel
efficiency consumer information program and the California's AB 844 are
complementary regulations as currently proposed and can coexist.\341\
Tire Rack stated that the NHTSA regulations will provide consumers with
the ability to compare and contrast a tire's influence on vehicle fuel
consumption in great detail (as well as information on safety and
durability), where the State of California bill identifies tires that
offer the lowest rolling resistance in their size, as well as assures
meaningful data will be available to tire dealers and consumers. Tire
Rack also pointed out that both proposed regulations specify ratings
based on the same tire characteristic (RRF) and test procedure (ISO
28580). Additionally, Tire Rack noted that California's AB 844 includes
LT-sized tires fitted to many Jeeps, pickup trucks and sport utility
vehicles used for personal transportation in the State of California.
---------------------------------------------------------------------------

    \341\ Tire Rack Comments, Docket No. NHTSA-2008-0121-0026.1 at
2.
---------------------------------------------------------------------------

    The California Energy Commission (CEC) commented that a review of
general preemption principles and the legislative history of the
preemption provision in EISA section 111 provide ample evidence that
California is not preempted from implementing a tire fuel efficiency
consumer information program.\342\ CEC commented that California did
have a law on tire fuel efficiency consumer information in effect on
January 1, 2006. That law directs the Commission to develop a
replacement tire efficiency program. Thus, CEC commented that the plain
meaning of the express preemption clause is that California may develop
and implement such a program without running afoul of Federal law.
Further, CEC commented that California is the only State that had
adopted a tire efficiency consumer information law by January 1, 2006.
Thus, CEC stated that in order to give any practical effect to the
savings clause, Congress must have intended California's program to be
exempt from the preemption that was imposed on the other States.
Additionally, CEC pointed to a House Committee on Energy and Commerce
Report on the language which stated that ``[t]his language would exempt
from preemption the 2003 California law that requires the California
Energy Commission to develop a comprehensive tire energy efficiency
program.''\343\ CEC recognized that this House Report was prepared in
response to language that was not enacted,\344\ but commented that
because the language the non-enacted bill contained is identical to
that which was ultimately adopted in EISA one year later, the House
Report is compelling evidence that Congress intended the savings clause
to apply to California. Thus, CEC requested that NHTSA conclude that
the savings clause in 49 U.S.C., Sec.  32304A allows California to
implement its statutory mandate to develop a replacement tire
efficiency program.
---------------------------------------------------------------------------

    \342\ CEC Comments, Docket No. NHTSA-2008-0121-0033 at 2-4.
    \343\ H.R. Rep. No. 109-537, 2d Sess., p. 6 (2006).
    \344\ See H.R. 5632, 109th Cong., 2d Sess. (2006).
---------------------------------------------------------------------------

    In contrast, RMA commented that EISA, in combination with other
Federal law, preempts California from promulgating tire fuel efficiency
information regulations under AB 844.\345\ RMA commented that CEC's
Staff Draft Proposal, which made public CEC's proposed regulations
under AB

844, conflicts with NHTSA's NPRM, and would undermine the Federal
program and lead to fewer environmental benefits derived from either
program. RMA commented that California's AB 844 and NHTSA have the same
goals relating to environmental policy and consumer education with
regard to fuel economy, but use different means. RMA stated that
compliance with both NHTSA's and California's proposed regulations is
impractical, if not impossible and that NHTSA's regulations should,
therefore, preempt California's regulations. RMA stated that because
NHTSA proposed a graded rating system while California is proposing a
binary ratings system,\346\ NHTSA's and California's differing
proposals would create two rating systems on tires sold in California
with separate labels displaying ratings on different scales. RMA
commented that two dissimilar ratings will only serve to confuse rather
than educate consumers. Further, RMA commented that the California rule
must be preempted because it would interfere with NHTSA's sole
authority to regulate tire safety. Finally, RMA commented that by
attempting to regulate fuel efficiency through tire labels,
California's standards practically impose a fuel efficiency standard
and impermissibly intrude in a field already occupied by the Federal
government. For these and other reasons detailed in RMA's comments, RMA
urged NHTSA to determine that the proposed rules preempt California
State regulation under AB 844, other than regulations that are
identical to the Federal regulations.
---------------------------------------------------------------------------

    \345\ RMA Comments, Docket No. NHTSA-2008-0121-0036.1 at 15; RMA
Comments Appendix 3, Docket No. NHTSA-2008-0121-0036.4 at 19-40.
    \346\ California is proposing to designate all tires with
rolling resistance values within 15 percent of tires with the lowest
rolling resistance as fuel efficient. RMA noted that this, in
effect, creates a two rating system--fuel efficient tires and all
other tires.
---------------------------------------------------------------------------

    Given that California has not promulgated final regulations yet,
NHTSA believes that it is premature to consider the applicability of
the EISA section 111 preemption provision. Moreover, NHTSA notes that
it is ultimately a court, not NHTSA, which would determine whether or
not future regulations established by the State of California are
preempted under Federal law.

E. Executive Order 12988 (Civil Justice Reform)

    Pursuant to Executive Order 12988, ``Civil Justice Reform,'' \347\
NHTSA has considered whether this rulemaking would have any retroactive
effect. This proposed rule does not have any retroactive effect.
---------------------------------------------------------------------------

    \347\ 61 FR 4729 (Feb. 7, 1996).
---------------------------------------------------------------------------

F. Unfunded Mandates Reform Act

    Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA)
requires Federal agencies to prepare a written assessment of the costs,
benefits, and other effects of a proposed or final rule that includes a
Federal mandate likely to result in the expenditure by State, local, or
Tribal governments, in the aggregate, or by the private sector, of more
than $100 million in any one year (adjusted for inflation with base
year of 1995). Adjusting this amount by the implicit gross domestic
product price deflator for 2008 results in $133 million (108.483/81.536
= 1.33).
    Before promulgating a rule for which a written statement is needed,
section 205 of the UMRA generally requires NHTSA to identify and
consider a reasonable number of regulatory alternatives and adopt the
least costly, most cost-effective, or least burdensome alternative that
achieves the objectives of the rule. The provisions of section 205 do
not apply when they are inconsistent with applicable law. Moreover,
section 205 allows NHTSA to adopt an alternative other than the least
costly, most cost-effective, or least burdensome alternative if the
agency publishes with the final rule an explanation why that
alternative was not adopted.
    This final rule will not result in the expenditure by State, local,
or Tribal governments, in the aggregate, of more than $133 million
annually, and will not result in the expenditure of that magnitude by
tire manufacturers and/or tire retailers.

G. Paperwork Reduction Act

    Under the procedures established by the Paperwork Reduction Act of
1995 (PRA), a person is not required to respond to a collection of
information by a Federal agency unless the collection displays a valid
OMB control number. The final rule establishes a new consumer
information program at 49 CFR Part 575.106, Tire fuel efficiency
consumer information program. Tire manufacturers would provide data to
NHTSA under a reporting requirement. For this new regulation, NHTSA is
submitting to OMB a request for approval of the following collection of
information.
    In compliance with the PRA, this notice announces that the
Information Collection Request (ICR) abstracted below has been
forwarded to OMB for review and comment. The ICR describes the nature
of the information collections and their expected burden. This is a
request for an amendment of an existing collection.
    Agency: National Highway Traffic Safety Administration (NHTSA).
    Title: 49 CFR Part 575.106, Tire fuel efficiency consumer
information program.
    Type of Request: New collection.
    OMB Clearance Number: Not assigned.
    Form Number: The collection of this information will not use any
standard forms.
    Requested Expiration Date of Approval: Three years from the date of
approval.
Summary of the Collection of Information
    NHTSA is adding a new requirement in Part 575 which would require
tire manufacturers and tire brand name owners to rate all replacement
passenger car tires for fuel efficiency (i.e., rolling resistance),
safety (i.e., wet traction), and durability (i.e., treadwear), and
submit reports to NHTSA regarding the ratings. The ratings for safety
and durability are based on test procedures specified under the UTQGS
traction and treadwear ratings requirements. This information would be
used by consumers of replacement passenger car tires to compare tire
fuel efficiency across different tires and examine any tradeoffs
between fuel efficiency (i.e., rolling resistance), safety (i.e., wet
traction), and durability (i.e., treadwear) in making their purchase
decisions.
Description of the Need for the Information and Use of the Information
    NHTSA needs the information to provide consumers information to
allow them to compare tire fuel efficiency across different tires and
examine any tradeoffs between fuel efficiency (i.e., rolling
resistance), safety (i.e., wet traction), and durability (i.e.,
treadwear) in making their purchase decisions.
Description of the Likely Respondents (Including Estimated Number, and
Proposed Frequency of Response to the Collection of Information)
    There are approximately 28 manufacturers of replacement tires sold
in the United States who would be required to report annually.
Estimate of the Total Annual Reporting and Recordkeeping Burden
Resulting From the Collection of Information
    NHTSA estimates that there are 28 tire manufacturers that will be
required to report. Each of these will need to set up the software in a
computer program to combine the testing information, organize it for
NHTSA's use, etc. We

estimate this cost to be a one-time charge of about $10,000 per
company. Based on the costs used in the Early Warning Reporting
Regulation analysis,\348\ we estimate the annual cost per report per
tire manufacturer to be $287. There are also computer maintenance costs
of keeping the data up to date, etc. as tests come in throughout the
year. In the EWR analysis, we estimated costs of $3,755 per year per
company. Thus, the total annual cost is estimated to be $4,042 per
company. Thus the total costs would be $280,000 + $113,176 = $393,176
for the first year and $113,176 as an annual cost for the 28 tire
manufacturers.
---------------------------------------------------------------------------

    \348\ Preliminary Regulatory Evaluation, Tread Act Amendments to
Early Warning Reporting Regulation Part 579 and Defect and
Noncompliance Part 573, August 2008 (Docket No. 2008-0169-0007.1).
---------------------------------------------------------------------------

    The largest portion of the cost burden imposed by the tire fuel
efficiency program arises from the testing necessary to determine the
ratings that should be assigned to the tires. As detailed in of the
FRIA, our revised per-SKU costs to test for rolling resistance,
traction, and treadwear amount to $1,180 (i.e., $180 + $500 + $500).
This would result in testing costs of $22,420,000 in the first year
(19,000 SKUs) and $3,801,960 in subsequent years (3,222 new SKUs
annually).
    The estimated annual cost to the Federal government is $1.28
million. This cost includes $730,000 for enforcement testing, and about
$550,000 annually to set up and keep up to date a Web site that
includes the information reported to NHTSA.
    Comments are invited on:
     Whether the collection of information is necessary for the
proper performance of the functions of the Department, including
whether the information will have practical utility.
     Whether the Department's estimate for the burden of the
information collection is accurate.
     Ways to minimize the burden of the collection of
information on respondents, including the use of automated collection
techniques or other forms of information technology.
    A comment to OMB is most effective if OMB receives it within 30
days of publication. Send comments to the Office of Information and
Regulatory Affairs, Office of Management and Budget, 725 17th Street,
NW., Washington, DC 20503, Attn: NHTSA Desk Officer. PRA comments are
due within 30 days following publication of this document in the
Federal Register.
    The agency recognizes that the amendment to the existing collection
of information contained in today's final rule may be subject to
revision in response to public comments and the OMB review.

H. Executive Order 13045

    Executive Order 13045 \349\ applies to any rule that: (1) Is
determined to be economically significant as defined under E.O. 12866,
and (2) concerns an environmental, health or safety risk that NHTSA has
reason to believe may have a disproportionate effect on children. If
the regulatory action meets both criteria, we must evaluate the
environmental health or safety effects of the proposed rule on
children, and explain why the proposed regulation is preferable to
other potentially effective and reasonably feasible alternatives
considered by us.
---------------------------------------------------------------------------

    \349\ 62 FR 19885 (Apr. 23, 1997).
---------------------------------------------------------------------------

    This rule does not pose such a risk for children. The primary
effects of this rule are to conserve energy by educating consumers to
make better informed tire purchasing decisions.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) requires NHTSA to evaluate and use existing voluntary
consensus standards in its regulatory activities unless doing so would
be inconsistent with applicable law (e.g., the statutory provisions
regarding NHTSA's vehicle safety authority) or otherwise impractical.
    Voluntary consensus standards are technical standards developed or
adopted by voluntary consensus standards bodies. Technical standards
are defined by the NTTAA as ``performance-based or design-specific
technical specification and related management systems practices.''
They pertain to ``products and processes, such as size, strength, or
technical performance of a product, process or material.''
    Examples of organizations generally regarded as voluntary consensus
standards bodies include the American Society for Testing and Materials
(ASTM), the Society of Automotive Engineers (SAE), and the American
National Standards Institute (ANSI). If NHTSA does not use available
and potentially applicable voluntary consensus standards, we are
required by the Act to provide Congress, through OMB, an explanation of
the reasons for not using such standards.
    The rule establishes test procedures for a national tire fuel
efficiency rating system for replacement passenger car tires to assist
consumers in making more educated tire purchasing decisions. For
purposes of the fuel efficiency rating determination, NHTSA will base
the rating determination on a rolling resistance test method ISO
28580:2009(E), Tyre Rolling Resistance measurement method--Single point
test and measurement result correlation--Designed to facilitate
international cooperation and, possibly, regulation building. The ISO
is a worldwide federation of national standards bodies that prepares
standards through technical committees comprised of international
organizations, governmental and non-governmental, in liaison with
ISO.\350\ Standards developed by ISO are voluntary consensus standards.
---------------------------------------------------------------------------

    \350\ ISO Central Secretariat, 1, ch. de la Voie-Creuse, Case
postale 56, CH-1211 Geneva 20, Switzerland, Telephone +41 22 749 01
11, Fax +41 22 733 34 30, http://www.iso.org.
---------------------------------------------------------------------------

J. Executive Order 13211

    Executive Order 13211\351\ applies to any rule that: (1) Is
determined to be economically significant as defined under E.O. 12866,
and is likely to have a significant adverse effect on the supply,
distribution, or use of energy; or (2) that is designated by the
Administrator of the Office of Information and Regulatory Affairs as a
significant energy action. If the regulatory action meets either
criterion, we must evaluate the adverse energy effects of the proposed
rule and explain why the proposed regulation is preferable to other
potentially effective and reasonably feasible alternatives considered
by NHTSA.
---------------------------------------------------------------------------

    \351\ 66 FR 28355 (May 18, 2001).
---------------------------------------------------------------------------

    The rule establishes test procedures for a national tire fuel
efficiency rating program for the purpose of educating consumers about
the effect of tires on fuel efficiency, safety and durability, which if
successful, will likely reduce the rolling resistance of replacement
passenger car tires and, thus, reduce the consumption of petroleum.
Therefore, this final rule will not have any adverse energy effects.
Accordingly, this rulemaking action is not designated as a significant
energy action.

K. Regulation Identifier Number (RIN)

    The Department of Transportation assigns a regulation identifier
number (RIN) to each regulatory action listed in the Unified Agenda of
Federal Regulations. The Regulatory Information Service Center
publishes the Unified Agenda in April and October of each year. You may
use the RIN contained in the heading at the beginning of this document
to find this action in the Unified Agenda.

L. Plain Language

    Executive Order 12866 requires each agency to write all rules in
plain language. Comments from RMA indicated that it was confused about
what was being proposed in certain respects due to preamble typos and
alleged inconsistencies between the preamble and the proposed
regulatory text. NHTSA has clarified the proposals in this preamble and
has eliminated any inconsistencies between the preamble and the final
regulatory text. NHTSA has attempted to use plain language in
promulgating this final rule.

M. Privacy Act

    Anyone is able to search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an organization, business, labor union, etc.). You may review DOT's
complete Privacy Act statement in the Federal Register published on
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit
http://www.dot.gov/privacy.html.

List of Subjects in 49 CFR Part 575

    Consumer protection, Incorporation by reference, Motor vehicle
safety, Reporting and recordkeeping requirements, Tires.

0
In consideration of the foregoing, NHTSA is amending 49 CFR Part 575 as
follows:

PART 575--CONSUMER INFORMATION

0
1. Revise the authority citation of Part 575 to read as follows:

    Authority: 49 U.S.C. 32302, 32304A, 30111, 30115, 30117, 30123,
30166, and 30168, Pub. L. 104-414, 114 Stat. 1800, Pub. L. 109-59,
119 Stat. 1144, Pub. L. 110-140, 121 Stat. 1492, 15 U.S.C. 1232(g);
delegation of authority at 49 CFR 1.50.

0
2. Revise Sec.  575.1 to read as follows:

Subpart A--General

Sec.  575.1  Scope.

    This part contains National Highway Traffic Safety Administration
regulations relating to consumer information.

0
3. Revise Sec.  575.2 (a) and (c) to read as follows:

Sec.  575.2  Definitions.

    (a) Statutory definitions.--(1) All terms used in this part,
subject to paragraph (a)(2) of this section, that are defined in 49
U.S.C. 30102, are used as defined therein.
    (2) All terms used in Subpart D of this part that are defined in 15
U.S.C. 1231, are used as defined therein.
* * * * *
    (c) Definitions used in this part.
    Owners manual means the document which contains the manufacturers
comprehensive vehicle operating and maintenance instructions, and which
is intended to remain with the vehicle for the life of the vehicle.
    Skid number means the frictional resistance measured in accordance
with ASTM E 274 (incorporated by reference, see Sec.  575.3) at 40
miles per hour, omitting water delivery as specified in paragraph 7.1
of ASTM E 274 (incorporated by reference, see Sec.  575.3).

0
4. Revise Sec.  575.3 to read as follows:

Sec.  575.3  Matter incorporated by reference.

    (a) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that
specified in this section, the National Highway Traffic Safety
Administration (NHTSA) must publish notice of change in the Federal
Register and the material must be available to the public. All approved
material is available for inspection at the NHTSA Technical Information
Services Reading Room (http://www.nhtsa.dot.gov/cars/problems/trd/),
1200 New Jersey Avenue, SE., Washington, DC 20590<PHONE_NUMBER>), and
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-
locations.html. All approved material is also available from the
sources listed below. If you experience difficulty obtaining the
standards referenced below, contact NHTSA's Office of Rulemaking, 1200
New Jersey Avenue, SE., Washington, DC 20590, phone number: (202) 366-
0846.
    (b) International Organization for Standardization (ISO), 1, ch. de
la Voie-Creuse, CP 56, CH-1211 Geneva 20, Switzerland, +41 22 749 01
11, http://www.iso.org/iso/home.htm. All ISO materials are also
available from the U.S. ISO member, American National Standards
Institute (ANSI), 25 West 43rd Street, Fourth Floor, New York, NY
10036-7417,<PHONE_NUMBER>, http://www.ansi.org/.
    (1) International Organization for Standardization (ISO), ISO
28580:2009(E) (``ISO 28580''), ``Passenger car, truck and bus tyres--
Methods of measuring rolling resistance--Single point test and
correlation of measurement results,'' First edition (July 1, 2009), IBR
approved for Sec.  575.106.
    (2) [Reserved]
    (c) American Society for Testing and Materials (ASTM), 100 Barr
Harbor Drive, PO Box C700, West Conshohocken, PA 19428-2959, 610-832-
9500, http://www.astm.org/.
    (1) ASTM E 1136-93 (Reapproved 2003) (``ASTM E 1136''), ``Standard
Specification for a Radial Standard Reference Test Tire'' (July 1993),
IBR approved for Sec.  575.104.
    (2) ASTM E 1337-90 (Reapproved 2002) (``ASTM E 1337''), ``Standard
Test Method for Determining Longitudinal Peak Braking Coefficient of
Paved Surfaces Using a Standard Reference Test Tire'' (April 1990), IBR
approved for Sec.  575.106.
    (d) The following standards are not available from the original
publisher or a standards reseller. As indicated in paragraph (a) of
this section, the standards are available for inspection at the NHTSA
Technical Information Services Reading Room (http://www.nhtsa.dot.gov/
cars/problems/trd/), 1200 New Jersey Avenue, SE., Washington, DC 20590
(888-327-4236), and at NARA. For information on the availability of
this material at NARA, call<PHONE_NUMBER>, or go to: http://
www.archives.gov/federal-register/cfr/ibr-locations.html. If you
experience difficulty obtaining the standards referenced below, contact
NHTSA's Office of Rulemaking, 1200 New Jersey Avenue, SE., Washington,
DC 20590, phone number<PHONE_NUMBER>.
    (1) ASTM E 274-79 (``ASTM E 274''), ``Standard Test Method for Skid
Resistance of Paved Surfaces Using a Full-Scale Tire'' (February 1980),
IBR approved for Sec.  575.104.
    (2) ASTM F 377-74 (``ASTM F 377''), ``Standard Method for
Calibration of Braking Force for Testing of Pneumatic Tires'' (March
1974), IBR approved for Sec.  575.104.

0
5. Amend Sec.  575.104 by revising paragraphs (e)(2)(ix)(C),
(f)(1)(ii), (f)(1)(iii), (f)(1)(iv), (f)(1)(v), and (f)(1)(vii), to
read as follows:

Sec.  575.104  Uniform tire quality grading standards.

* * * * *
    (e) * * *
    (2) * * *
    (ix) * * *
    (C) Determine the course severity adjustment factor by dividing the
base course wear rate for the course monitoring tires (see Note to this
paragraph) by the average wear rate for the four course monitoring
tires.
    Note to paragraph (e)(2)(ix)(C): The base wear rate for the course
monitoring

tires will be obtained by the government by running the tire specified
in ASTM E 1136 (incorporated by reference, see Sec.  575.3) course
monitoring tires for 6,400 miles over the San Angelo, Texas, UTQGS test
route 4 times per year, then using the average wear rate from the last
4 quarterly CMT tests for the base course wear rate calculation. Each
new base course wear rate will be published in the Federal Register.
The course monitoring tires used in a test convoy must be no more than
one year old at the commencement of the test and must be used within
two months after removal from storage.
* * * * *
    (f) * * *
    (1) * * *
    (ii) The standard tire is the tire specified in ASTM E 501
(incorporated by reference, see Sec.  575.3).
    (iii) The pavement surface is wetted in accordance with paragraph
4.7, ``Pavement Wetting System,'' of ASTM E 274 (incorporated by
reference, see Sec.  575.3).
    (iv) The test apparatus is a test trailer built in conformity with
the specifications in paragraph 4, ``Apparatus,'' of ASTM E 274
(incorporated by reference, see Sec.  575.3). The test apparatus is
instrumented in accordance with paragraph 4.5 of that method, except
that the ``wheel load'' in paragraph 4.3 and tire and rim
specifications in paragraph 4.4 of that method are as specified in the
procedures in paragraph (f)(2) of this section for standard and
candidate tires.
    (v) The test apparatus is calibrated in accordance with ASTM F 377
(incorporated by reference, see Sec.  575.3), with the trailer's tires
inflated to 24 psi and loaded to 1,085 pounds.
* * * * *
    (vii) A standard tire is discarded in accordance with ASTM E 501
(incorporated by reference, see Sec.  575.3).

* * * * *

0
6. Add Sec.  575.106 to subpart B to read as follows:

Sec.  575.106  Tire fuel efficiency consumer information program.

    (a) Scope. This section requires tire manufacturers, tire brand
name owners, and tire retailers to provide information indicating the
relative performance of replacement passenger car tires in the areas of
fuel efficiency, safety, and durability.
    (b) Purpose. The purpose of this section is to aid consumers in
making better educated choices in the purchase of passenger car tires.
    (c) Application. This section applies to replacement passenger car
tires. However, this section does not apply to light truck tires, deep
tread, winter-type snow tires, space-saver or temporary use spare
tires, tires with nominal rim diameters of 12 inches or less, or to
limited production tires as defined in Sec.  575.104(c)(2). Tire
manufacturers may comply with the requirements in this Sec.  575.106 as
an alternative to complying with the requirements in Sec.
575.104(d)(1)(i)(A) and (B).
    (d) Definitions.--(1) All terms used in this section that are
defined in Section 32101 of Title 49, United States Code, are used as
defined therein.
    (2) As used in this section:
    Brand name owner means a person, other than a tire manufacturer,
who owns or has the right to control the brand name of a tire or a
person who licenses another to purchase tires from a tire manufacturer
bearing the licensor's brand name.
    CT means a pneumatic tire with an inverted flange tire and rim
system in which the rim is designed with rim flanges pointed radially
inward and the tire is designed to fit on the underside of the rim in a
manner that encloses the rim flanges inside the air cavity of the tire.
    Dealer means a person selling and distributing new motor vehicles
or motor vehicle equipment primarily to purchasers that in good faith
purchase the vehicle or equipment other than for resale.
    Distributor means a person primarily selling and distributing motor
vehicles or motor vehicle equipment for resale.
    Lab alignment tires or LATs means the reference tires which the
reference lab will test to be used to align other rolling resistance
machines with the reference lab in accordance with the machine
alignment procedure in ISO 28580 (incorporated by reference, see Sec.
575.3), section 10.
    Light truck (LT) tire means a tire designated by its manufacturer
as primarily intended for use on lightweight trucks or multipurpose
passenger vehicles.
    Passenger car tire means a tire intended for use on passenger cars,
multipurpose passenger vehicles, and trucks, that have a gross vehicle
weight rating (GVWR) of 10,000 pounds or less.
    Reference lab means the laboratory or laboratories that the
National Highway Traffic Safety Administration designates and which
maintains and operates a rolling resistance test machine to test LATs
for rolling resistance so that other testing laboratories may correlate
the results from its rolling resistance test machine in accordance with
the machine alignment procedure in ISO 28580 (incorporated by
reference, see Sec.  575.3), section 10.
    Replacement passenger car tire means any passenger car tire other
than a passenger car tire sold as original equipment on a new vehicle.
    Size designation means the alpha-numeric designation assigned by a
manufacturer that identifies a tire's size. This can include
identifications of tire class, nominal width, aspect ratio, tire
construction, and wheel diameter.
    Stock keeping unit or SKU means the alpha-numeric designation
assigned by a manufacturer to uniquely identify a tire product. This
term is sometimes referred to as a product code, a product identifier,
or a part number.
    Tire line or tire model means the entire name used by a tire
manufacturer to designate a tire product, including all prefixes and
suffixes as they appear on the sidewall of a tire.
    Tire retailer means a dealer or distributor of new replacement
passenger car tires sold for use on passenger cars, multipurpose
passenger vehicles, and trucks, that have a gross vehicle weight rating
(GVWR) of 10,000 pounds or less.
    (e) Requirements.--(1) Information. (i) Requirements for tire
manufacturers. Subject to paragraph (e)(1)(iii) of this section, each
manufacturer of tires, or in the case of tires marketed under a brand
name, each brand name owner shall provide rating information for each
tire of which it is the manufacturer or brand name owner in the manner
set forth in paragraphs (e)(1)(i)(A) through (C) of this section. The
ratings for each tire shall be only those specified in paragraph (e)(2)
of this section. For the purposes of this section, each tire of a
different SKU is to be rated separately. Each tire shall be able to
achieve the level of performance represented by each rating.
    (A) Ratings. Each tire shall be rated with the words, letters,
symbols, and figures specified in paragraph (e)(2) of this section.
    (B) Tire label. [Reserved.]
    (C) Reporting requirements. The information collection requirements
contained in this section have been approved by the Office of
Management and Budget under the provisions of the Paperwork Reduction
Act (44 U.S.C. 3501 et seq.) and are awaiting an assigned OMB Control
Number.
    (1) Subject to paragraph (e)(1)(iii) of this section, manufacturers
of tires or, in the case of tires marketed under a brand name, brand
name owners of tires subject to this section shall submit to NHTSA
electronically, either directly or through an agent, the following data
for

each rated replacement passenger car tire:
    (i) Rolling resistance rating, as determined in paragraph (e)(2)(i)
of this section.
    (ii) Wet traction rating, as determined in paragraph (e)(2)(ii) of
this section.
    (iii) Treadwear rating, as determined in paragraph (e)(2)(iii) of
this section.
    (2) Format of data submitted. The information required under
paragraph (e)(1)(i)(C)(1) of this section shall be submitted to NHTSA
as extra columns in the electronic data submission required under
section 26 of Part 579.
    (3) Exempted tires. Manufacturers of tires or, in the case of tires
marketed under a brand name, brand name owners of tires subject to this
section shall submit to NHTSA all tire lines, size designations, and
stock keeping units it manufactures which are exempted from this
section (Sec.  575.106) as determined under paragraph (c) of this
section. Where a manufacturer is required to report ratings under this
section, the information required in this paragraph may be submitted
with the ratings information reported in accordance with paragraph
(e)(1)(i)(C)(1) of this section. Where a manufacturer of tires, or in
the case of tires marketed under a brand name, brand name owners of
tires only manufactures tires that are exempt from this section under
paragraph (c) of this section, that manufacturer shall submit a one-
time statement listing the tire lines, size designations, and stock
keeping units it manufactures, and certifying that none of the tires it
manufactures are required to be rated under this section.
    (4) New ratings information. Whenever the tire manufacturer, or in
the case of tires marketed under a brand name, the brand name owner
receives information that would determine new or different information
required under paragraph (e)(1)(i)(C)(1) of this section for a tire,
the tire manufacturer or brand name owner shall submit the new ratings
information to NHTSA on or before the date 30 calendar days after
receipt by the manufacturer or brand name owner of the new information,
whichever comes first.
    (5) Voluntary submission of data. Manufacturers of tires or, in the
case of tires marketed under a brand name, brand name owners of tires
not subject to this section may submit to NHTSA data meeting the
requirements of paragraphs (e)(1) and (2) of this section for any tire
they wish to have included in the database of information available to
consumers on NHTSA's Web site.
    (ii) Requirements for tire retailers. Subject to paragraph
(e)(1)(iii) of this section, each tire retailer shall provide rating
information for each passenger car tire offered for sale in the manner
set forth in this section.
    (iii) Date for compliance. The requirements of paragraphs (e)(1)(i)
and (e)(1)(ii) of this section will be implemented as indicated in a
forthcoming final rule. These dates will be announced in the Federal
Register.
    (2) Performance.--(i) Fuel efficiency. [Reserved.]
    (ii) Traction. [Reserved.]
    (iii) Treadwear. [Reserved.]
    (f) Fuel efficiency rating conditions and procedures.--(1)
Conditions. (i) Measurement of rolling resistance force under the test
procedure specified in paragraph (f)(2) of this section shall be made
using either the force or the torque method.
    (ii) The test procedure specified in paragraph (f)(2) of this
section shall be carried out on an 80-grit roadwheel surface.
    (iii) The machine alignment procedure specified in section 10 of
the test procedure specified in paragraph (f)(2) of this section shall
be conducted using pairs of the LATs specified in paragraph (f)(1)(iv)
of this section, and tested by the reference lab.
    (iv) Lab alignment tires. The LATs to be used in the machine
alignment procedure in section 10 of the test procedure specified in
paragraph (f)(2) of this section will be specified in this section in a
forthcoming final rule.
    (v) Break-in procedure for bias ply tires. Before starting the
rolling resistance testing under the test procedure specified in
paragraph (f)(2) of this section on a bias ply replacement passenger
car tire, the tire shall be broken in by running it for one (1) hour
with the speed, loading, and inflation pressure as specified in
paragraphs (f)(1)(v)(A), (f)(1)(v)(B), and (f)(1)(v)(C) of this
section. After the one hour break-in, allow the tire to cool for two
(2) hours and re-adjust to the required ISO 28580 (incorporated by
reference, see Sec.  575.3) test inflation pressure, and verify 10
minutes after the adjustment is made. After break-in, the bias ply tire
should follow the 30 minute warm-up procedure of ISO 28580
(incorporated by reference, see Sec.  575.3).
    (A) Speed. The speed shall be 80 kilometer per hour (kph).
    (B) Loading. The tire loading shall be 80 percent of the maximum
tire load capacity.
    (C) Inflation pressure. The inflation pressure shall be 210
kilopascals (kPa) for standard load tires, or 250 kPA for reinforced or
extra load tires.
    (2) Procedure. The test procedure shall be as specified in ISO
28580 (incorporated by reference, see Sec.  575.3), except that the
conditions specified in paragraph (f)(1) of this section shall be used.
    (g) Traction rating conditions and procedures. (1) Conditions. Test
conditions are as specified in Sec.  575.104(f)(1), subject to the
changes in paragraphs (g)(1)(i) through (g)(1)(iii) of this section to
additionally measure the peak coefficient of friction.
    (i) The sampling rate of the data acquisition is to be no less than
100 Hertz in accordance with Section <IP_ADDRESS> of ASTM E 1337
(incorporated by reference, see Sec.  575.3).
    (ii) The rate of brake application shall be sufficient to control
the time interval between initial brake application and peak
longitudinal force to be between 0.3 and 0.5 seconds, and shall be
determined in accordance with Section 6.3.2 of ASTM E 1337
(incorporated by reference, see Sec.  575.3).
    (iii) The peak coefficient of friction (or peak braking
coefficient) shall be determined in accordance with Section 12 of ASTM
E 1337 (incorporated by reference, see Sec.  575.3) for each dataset.
    (iv) The slide coefficient of friction will be determined in
accordance with Sec.  575.104(f)(2)(iii).
    (2) Procedure. (i) Prepare two standard tires as specified in Sec.
575.104(f)(2)(i).
    (ii) Mount the tires on the test apparatus described in Sec.
575.104(f)(1)(iv) and load each tire to 1,085 pounds.
    (iii) Tow the trailer on the asphalt test surface specified in
Sec.  575.104(f)(1)(i) at a speed of 40 mph, lock one trailer wheel,
and record the slide and peak coefficient of friction on the tire
associated with that wheel.
    (iv) Repeat the test on the concrete surface, locking the same
wheel.
    (v) Repeat the tests specified in paragraphs (g)(2)(iii) and (iv)
of this section for a total of 10 measurements on each test surface.
    (vi) Repeat the procedures specified in paragraphs (g)(2)(iii)
through (v) of this section, locking the wheel associated with the
other standard tire.
    (vii) Average the 20 measurements taken on the asphalt surface to
find the standard tire average peak coefficient of friction for the
asphalt surface. Average the 20 measurements taken on the concrete
surface to find the standard tire average peak coefficient of friction
for the concrete surface. The standard tire average peak coefficient of
friction so determined may be used in the computation of adjusted peak
coefficients of friction for more than one candidate tire.
    (viii) Average the 20 measurements taken on the asphalt surface to
find the

standard tire average slide coefficient of friction for the asphalt
surface. Average the 20 measurements taken on the concrete surface to
find the standard tire average slide coefficient of friction for the
concrete surface. The standard tire average slide coefficient of
friction so determined may be used in the computation of adjusted slide
coefficients of friction for more than one candidate tire.
    (ix) Prepare two candidate tires of the same SKU in accordance with
paragraph (g)(2)(i) of this section, mount them on the test apparatus,
and test one of them according to the procedures of paragraphs
(g)(2)(ii) through (v) of this section, except load each tire to 85
percent of the test load specified in Sec.  575.104(h). For CT tires,
the test inflation of candidate tires shall be 230 kPa. Candidate tire
measurements may be taken either before or after the standard tire
measurements used to compute the standard tire traction coefficient.
Take all standard tire and candidate tire measurements used in
computation of a candidate tire's adjusted peak coefficient and
adjusted slide coefficient of friction within a single three-hour
period. Average the 10 measurements taken on the asphalt surface to
find the candidate tire average peak coefficient and average slide
coefficient of friction for the asphalt surface. Average the 10
measurements taken on the concrete surface to find the candidate tire
average peak coefficient of friction for the concrete surface. Average
the 10 measurements taken on the concrete surface to find the candidate
tire average slide coefficient of friction for the concrete surface.
    (x) Repeat the procedures specified in paragraph (g)(2)(viii) of
this section, using the second candidate tire as the tire being tested.
    (h) Treadwear rating conditions and procedures.--(1) Conditions.
Test conditions are as specified in Sec.  575.104(e)(1).
    (2) Procedure. Test procedure is as specified in Sec.
575.104(e)(2).

David L. Strickland,
Administrator.
[FR Doc. 2010-6907 Filed 3-25-10; 11:15 am]
BILLING CODE P


[Federal Register Volume 79, Number 167 (Thursday, August 28, 2014)]
[Proposed Rules]
[Page 51287]
[FR Doc No: 2014-20505]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2014-0417 FRL-9913-14-Region 9]

Revisions to the California State Implementation Plan, Imperial
County Air Pollution Control District and Shasta County Air Quality
Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the Imperial County Air Pollution Control District
(ICAPCD) and the Shasta County Air Quality Management District (SHAQMD)
portion of the California State Implementation Plan (SIP). We are
proposing to approve local rules regarding enhanced monitoring under
the Clean Air Act (CAA or the Act).

DATES: Any comments on this proposal must arrive by September 29, 2014.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2014-0417, by one of the following methods:
    1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-
line instructions.
    2. Email<EMAIL_ADDRESS>    3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA
94105-3901.
    Instructions: All comments will be included in the public docket
without change and may be made available online at www.regulations.gov,
including any personal information provided, unless the comment
includes Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Information that you
consider CBI or otherwise protected should be clearly identified as
such and should not be submitted through www.regulations.gov or email.
www.regulations.gov is an ``anonymous access'' system, and EPA will not
know your identity or contact information unless you provide it in the
body of your comment. If you send email directly to EPA, your email
address will be automatically captured and included as part of the
public comment. If EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, EPA may not be
able to consider your comment. Electronic files should avoid the use of
special characters, any form of encryption, and be free of any defects
or viruses.
    Docket: Generally, documents in the docket for this action are
available electronically at www.regulations.gov and in hard copy at EPA
Region IX, 75 Hawthorne Street, San Francisco, California 94105-3901.
While all documents in the docket are listed at www.regulations.gov,
some information may be publicly available only at the hard copy
location (e.g., copyrighted material, large maps), 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: Vanessa Graham, EPA Region IX, (415)
947-4120<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: This proposal addresses local rules for
ICAPCD Rule 910, Enhanced Monitoring and SHAQMD Rule 3:8, Enhanced
Monitoring and Compliance Certification for Major Sources as Defined by
Title V. In the Rules and Regulations section of this Federal Register,
we are approving these local rules in a direct final action without
prior proposal because we believe these SIP revisions are not
controversial. If we receive adverse comments, however, we will publish
a timely withdrawal of the direct final rule and address the comments
in subsequent action based on this proposed rule. Please note that if
we receive adverse comment on an amendment, paragraph, or section of
this rule and if that provision may be severed from the remainder of
the rule, we may adopt as final those provisions of the rule that are
not the subject of an adverse comment.
    We do not plan to open a second comment period, so anyone
interested in commenting should do so at this time. If we do not
receive adverse comments, no further activity is planned. For further
information, please see the direct final action.

    Dated: May 23, 2014.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2014-20505 Filed 8-27-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: September 20, 2010 (Volume 75, Number 181)]
[Notices]
[Page 57269-57271]
[DOCID:fr20se10-43]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP10-477-000]

Southern LNG Company, LLC; Notice of Intent To Prepare an
Environmental Assessment for the Proposed LNG Truck Loading Project and
Request for Comments on Environmental Issues, and Notice of Public
Scoping Meeting

September 13, 2010.
    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental assessment (EA) that will
discuss the environmental impacts of the LNG Truck Loading Project
involving construction and operation of facilities by Southern LNG
Company, LLC (Southern) in Chatham County, Georgia. This EA will be
used by the Commission in its decision-making process to make a public
interest determination whether the project is in the public convenience
and necessity.
    This notice announces the opening of the scoping process the
Commission will use to gather input from the public and interested
agencies on the project. Your input will help the Commission staff
determine what issues need to be evaluated in the EA. Please note that
the scoping period will close on October 13, 2010.
    Comments may be submitted in written form or verbally. Further
details on how to submit written comments are provided in the Public
Participation section of this notice. In lieu of or in addition to
sending written comments, the Commission invites you to attend the
public scoping meeting scheduled as follows:

FERC Public Scoping Meeting, LNG Truck Loading Project, September 29,
2010, 7 p.m., Hilton Garden Inn Savannah Midtown, 5711 Abercorn Street,
Savannah, Georgia 31405.

    This notice is being sent to the Commission's current environmental
mailing list for this project. State and local government
representatives are asked to notify their constituents of this planned
project and encourage them to comment on their areas of concern.
    A fact sheet prepared by the FERC entitled ``An Interstate Natural
Gas Facility on My Land? What Do I Need To Know?'' is available for
viewing on the FERC Web site (http://www.ferc.gov). This fact sheet
addresses a number of typically-asked questions, including the use of
eminent domain and how to participate in the Commission's proceedings.

Summary of the Proposed Project

    Southern seeks to abandon by removal a portion of the existing
truck loading facilities at its existing Elba Island Liquefied Natural
Gas (LNG) Terminal located on Elba Island in Chatham County, Georgia.
Southern also proposes to reactivate, expand, and modify the remainder
of its existing truck loading facilities at the Terminal. The proposed
activities would be completed in two phases: Phase I would include
removal of certain out-dated facilities and construction of two loading
facilities; Phase II would include an expansion of the trucking
facilities to provide two additional loading bays.
    Southern intends to operate and lease the truck loading facilities
to Southeast LNG Distribution Company, LLC (Southeast LNG), a joint
venture between El Paso Corporation and a subsidiary of AGL Resources
Inc. Southeast LNG would distribute LNG by truck from the Elba Island
Terminal to end users throughout the Southeast, to peak shaving
facilities in Georgia and as an alternative fuel for use by heavy-duty
vehicles. Southeast LNG anticipates distribution from about ten trucks
per day at the start of reactivation and ramping up over a 10-year
period to about 58 trucks per day. Southern proposes to commence
construction during the second quarter of 2011, with an in-service date
of November 2012.
    The general location of the project facilities is shown in Appendix
1.\1\
---------------------------------------------------------------------------

    \1\ The appendices referenced in this notice are not being
printed in the Federal Register. Copies of appendices were sent to
all those receiving this notice in the mail and are available at
http://www.ferc.gov using the link called ``eLibrary'' or from the
Commission's Public Reference Room, 888 First Street, NE.,
Washington, DC 20426, or call<PHONE_NUMBER>. For instructions on
connecting to eLibrary, refer to the last page of this notice.
---------------------------------------------------------------------------

Land Requirements for Construction

    All land disturbance would occur on 2.20 acres within the existing
Elba Island LNG Terminal. The new facilities would replace those
authorized as part of the original terminal construction.

The EA Process

    The National Environmental Policy Act (NEPA) requires the
Commission to take into account the environmental impacts that could
result from an action whenever it considers the issuance of a
Certificate of Public Convenience and Necessity. NEPA also requires us
\2\ to discover and address concerns the public may have about
proposals. This process is referred to as ``scoping''. The main goal of
the scoping process is to focus the analysis in the EA on the important
environmental issues. By this notice, the Commission requests public
comments on the scope of the issues to address in the EA. All comments
received will be considered during the preparation of the EA.
---------------------------------------------------------------------------

    \2\ ``We'', ``us'', and ``our'' refer to the environmental staff
of the Commission's Office of Energy Projects.
---------------------------------------------------------------------------

    In the EA we will discuss impacts that could occur as a result of
the construction and operation of the proposed project under these
general headings:
     Geology and soils;
     Land use;
     Water resources, fisheries, and wetlands;
     Cultural resources;
     Vegetation and wildlife;
     Air quality and noise;
     Endangered and threatened species; and
     Public safety.
    We will also evaluate reasonable alternatives to the proposed
project or portions of the project, and make recommendations on how to
lessen or avoid impacts on the various resource areas.

    Our independent analysis of the issues will be presented in the EA.
The EA will be placed in the public record and, depending on the
comments received during the scoping process, may be published and
distributed to the public. A comment period will be allotted if the EA
is published for review. We will consider all comments on the EA before
we make our recommendations to the Commission. To ensure your comments
are considered, please carefully follow the instructions in the Public
Participation section beginning on page 5.
    We are already involved in discussions with other jurisdictional
agencies to identify their issues and concerns. These agencies include,
but are not limited to, the U.S. Department of Transportation's
Pipeline and Hazardous Materials Safety Administration and the Georgia
Department of Transportation. With this notice, we are asking agencies
with jurisdiction and/or special expertise with respect to
environmental issues to formally cooperate with us in the preparation
of the EA. These agencies may choose to participate once they have
evaluated the proposal relative to their responsibilities. Agencies
that would like to request cooperating agency status should follow the
instructions for filing comments provided under the Public
Participation section of this notice.

Consultations Under Section 106 of the National Historic Preservation
Act

    In accordance with the Advisory Council on Historic Preservation's
implementing regulations for section 106 of the National Historic
Preservation Act, we are using this notice to initiate consultation
with the Georgia State Historic Preservation Office, and to solicit its
views and those of other government agencies, interested Indian tribes,
and the public on the project's potential effects on historic
properties.\3\ We will define the project-specific Area of Potential
Effects (APE) in consultation with the SHPO as the project is further
developed. On natural gas facility projects, the APE at a minimum
encompasses all areas subject to ground disturbance (examples include
construction right-of-way, contractor/pipe storage yards, compressor
stations, and access roads). Our EA for this project will document our
findings on the impacts on historic properties and summarize the status
of consultations under section 106.
---------------------------------------------------------------------------

    \3\ The Advisory Council on Historic Preservation's regulations
are at Title 36 of the Code of Federal Regulations, Part 800.
Historic properties are defined in those regulations as any
prehistoric or historic district, site, building, structure, or
object included in or eligible for inclusion in the National
Register for Historic Places.
---------------------------------------------------------------------------

Currently Identified Environmental Issues

    We have already identified several issues that we think deserve
attention based on a preliminary review of the proposed facilities, the
results of the public open house hosted by Southern on August 24, 2010,
and the environmental information provided by Southern. This
preliminary list of issues may be changed based on your comments and
our analysis.
     Public safety, and
     Public concern over LNG trucking on local highways.
    While we will address concerns related to LNG trucking in the EA,
it is important for commentors to understand that the FERC has no
jurisdiction over truck transport of LNG.

Public Participation

    You can make a difference by providing us with your specific
comments or concerns about the project. Your comments should focus on
the potential environmental effects, reasonable alternatives, and
measures to avoid or lessen environmental impacts. The more specific
your comments, the more useful they will be. To ensure that your
comments are timely and properly recorded, please send your comments so
that they will be received in Washington, DC on or before October 13,
2010.
    For your convenience, there are three methods which you can use to
submit written comments to the Commission. In all instances please
reference the project docket number (CP10-477-000) with your
submission. The Commission encourages electronic filing of comments and
has expert eFiling staff available to assist you at<PHONE_NUMBER> or
<EMAIL_ADDRESS>    (1) You may file your comments electronically by using the eComment
feature, which is located on the Commission's Web site at http://
www.ferc.gov under the link to Documents and Filings. An eComment is an
easy method for interested persons to submit brief, text-only comments
on a project;
    (2) You may file your comments electronically by using the eFiling
feature, which is located on the Commission's Web site at http://
www.ferc.gov under the link to Documents and Filings. With eFiling you
can provide comments in a variety of formats by attaching them as a
file with your submission. New eFiling users must first create an
account by clicking on ``eRegister.'' You will be asked to select the
type of filing you are making. A comment on a particular project is
considered a ``Comment on a Filing; '' or
    (3) You may file a paper copy of your comments at the following
address:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street NE., Room 1A, Washington, DC 20426.

Environmental Mailing List

    The environmental mailing list includes federal, state, and local
government representatives and agencies; elected officials;
environmental and public interest groups; Native American Tribes; other
interested parties; and local libraries and newspapers. This list also
includes all affected landowners (as defined in the Commission's
regulations) who are potential right-of-way grantors, whose property
may be used temporarily for project purposes, or who own homes within
certain distances of aboveground facilities, and anyone who submits
comments on the project. We will update the environmental mailing list
as the analysis proceeds to ensure that we send the information related
to this environmental review to all individuals, organizations, and
government entities interested in and/or potentially affected by the
proposed project.
    If the EA is published for distribution, copies will be sent to the
environmental mailing list for public review and comment. If you would
prefer to receive a paper copy of the document instead of the compact-
disk version or would like to remove your name from the mailing list,
please return the attached Information Request (appendix 2).

Becoming an Intervenor

    In addition to involvement in the EA scoping process, you may want
to become an ``intervenor'' which is an official party to the
Commission's proceeding. Intervenors play a more formal role in the
process and are able to file briefs, appear at hearings, and be heard
by the courts if they choose to appeal the Commission's final ruling.
An intervenor formally participates in the proceeding by filing a
request to intervene. Instructions for becoming an intervenor are
included in the User's Guide under the ``e-filing'' link on the
Commission's Web site.

Additional Information

    Additional information about the project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC Web site at http://www.ferc.gov using the

``eLibrary'' link. Click on the eLibrary link, click on ``General
Search'' and enter the docket number, excluding the last three digits
in the Docket Number field (i.e., CP10-477). Be sure you have selected
an appropriate date range. For assistance, please contact FERC Online
Support at<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>,
or for TTY, contact<PHONE_NUMBER>. The eLibrary link also provides
access to the texts of formal documents issued by the Commission, such
as orders, notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. Go to http://www.ferc.gov/esubscribenow.htm.
    Finally, public meetings or site visits will be posted on the
Commission's calendar located at http://www.ferc.gov/EventCalendar/
EventsList.aspx along with other related information.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-23361 Filed 9-17-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 87 (Tuesday, May 5, 2020)]
[Notices]
[Pages 26701-26702]
[FR Doc No: 2020-09510]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4529-DR; Docket ID FEMA-2020-0001]

New Mexico; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of New Mexico (FEMA-4529-DR), dated April 5,
2020, and related determinations.

DATES: The declaration was issued April 5, 2020.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated April 5, 2020, the President issued a major disaster declaration
under the authority of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42

U.S.C. 5121 et seq. (the ``Stafford Act''), as follows:

    I have determined that the emergency conditions in the State of
New Mexico resulting from the Coronavirus Disease 2019 (COVID-19)
pandemic beginning on January 20, 2020, and continuing, are of
sufficient severity and magnitude to warrant a major disaster
declaration under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''). Therefore, I declare that such a major disaster exists in
the State of New Mexico.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide assistance for emergency
protective measures (Category B), including direct Federal
assistance, under the Public Assistance program throughout the
State. Consistent with the requirement that Federal assistance be
supplemental, any Federal funds provided under the Stafford Act for
Public Assistance will be limited to 75 percent of the total
eligible costs.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, George A. Robinson, of FEMA is
appointed to act as the Federal Coordinating Officer for this major
disaster.
    The following areas of the State of New Mexico have been designated
as adversely affected by this major disaster:

    Emergency protective measures (Category B) not authorized under
other Federal statutes, including direct Federal assistance, under
the Public Assistance program at 75 percent federal funding for all
areas in the State of New Mexico.

(The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050, Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.)

Pete Gaynor,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2020-09510 Filed 5-4-20; 8:45 am]
 BILLING CODE 9111-23-P


[Federal Register Volume 86, Number 215 (Wednesday, November 10, 2021)]
[Notices]
[Pages 62526-62527]
[FR Doc No: 2021-24565]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL--9222-01-OA]

Notification of a Public Meetings of the Science Advisory Board
Per- and Polyfluoroalkyl Substances (PFAS) Review Panel

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) Science Advisory
Board (SAB) Staff Office announces four public meetings of the SAB per-
and polyfluoroalkyl substances (PFAS) Review Panel (PFAS Review Panel)
to review EPA's Proposed Approaches to the Derivation of a Draft
Maximum Contaminant Level Goal for Perfluorooctanoic Acid (PFOA) in
Drinking Water; EPA's Proposed Approaches to the Derivation of a Draft
Maximum Contaminant Level Goal for Perfluorooctanesulfonic Acid (PFOS)
in Drinking Water; EPA's Analysis of Cardiovascular Disease Risk
Reduction as a Result of Reduced PFOA and PFOS Exposure in Drinking
Water; and EPA's Draft Framework for Estimating Noncancer Health Risks
Associated with Mixtures of PFAS.

DATES: The public meetings of the Science Advisory Board PFAS Review
Panel will be held on Thursday, December 16, 2021, from 12:00 noon to
5:00 p.m. (Eastern Time), Tuesday, January 4, 2022, from 12:00 noon to
5:00 p.m. (Eastern Time), Thursday, January 6, 2022, from 12:00 noon to
5:00 p.m. (Eastern Time), and Friday, January 7, 2022, from 11:00 a.m.
to 4:00 p.m. (Eastern Time).

ADDRESSES: The meetings will be conducted virtually. Please refer to
the SAB website at https://sab.epa.gov for details on how to access the
meetings.

FOR FURTHER INFORMATION CONTACT: Any member of the public who wants
further information concerning the public meetings may contact Dr.
Suhair Shallal, Designated Federal Officer (DFO), via telephone/voice
mail<PHONE_NUMBER>, or email at [email protected]. General
information concerning the SAB can be found on the EPA website at
https://sab.epa.gov.

SUPPLEMENTARY INFORMATION:
    Background: The SAB was established pursuant to the Environmental
Research, Development, and Demonstration Authorization Act (ERDDAA),
codified at 42 U.S.C. 4365, to provide independent scientific and
technical advice to the EPA Administrator on the scientific and
technical basis for agency positions and regulations. The SAB is a
Federal Advisory Committee chartered under the Federal Advisory
Committee Act (FACA), 5 U.S.C., App. 2. The SAB will comply with the
provisions of FACA and all appropriate SAB Staff Office procedural
policies. Pursuant to FACA and EPA policy, notice is hereby given that
the SAB per- and polyfluoroalkyl substances (PFAS) Review Panel (PFAS
Review Panel) will hold four public meetings to review and provide
comments on the (1) the health effects data to inform the derivation of
proposed Maximum Contaminant Level Goals (MCLG) for PFOA and PFOS; (2)
the analysis of health risk reduction benefits of potential decreases
in drinking water concentrations of PFOA and PFOS and (3) approaches to
assess the cumulative risk among mixtures of PFAS.
    Technical Contacts: Any technical questions concerning EPA's
document titled, ``Proposed Approaches to the Derivation of a Draft
Maximum Contaminant Level Goal for Perfluorooctanoic Acid in Drinking
Water'' and ``Proposed Approaches to the Derivation of a Draft Maximum
Contaminant Level Goal for Perfluorooctanesulfonic Acid in Drinking
Water'' should be directed to Brittany Jacobs at
[email protected]. Any technical questions concerning EPA's
document titled, ``Analysis of Cardiovascular Disease Risk Reduction as
a Result of Reduced PFOA and PFOS Exposure in Drinking Water'' should
be directed to Morgan McCabe at [email protected]. Any technical
questions concerning EPA's document titled, ``Draft Framework for
Estimating Noncancer Health Risks Associated with Mixtures of PFAS''
should be directed to Colleen Flaherty ([email protected]) and/
or Jason Lambert ([email protected]).
    Availability of Meeting Materials: Prior to the meetings, the
agenda and other meeting materials for each meeting will be placed on
the SAB website at https://sab.epa.gov.
    Procedures for Providing Public Input: Public comment for
consideration by EPA's federal advisory committees and panels has a
different purpose from public comment provided to EPA program offices.
Therefore, the process for submitting comments to a federal advisory
committee is different from the process used to submit comments to an
EPA program office.
    Federal advisory committees and panels, including scientific
advisory committees, provide independent advice to the EPA. Members of
the public can submit relevant comments pertaining to the committee's
charge or meeting materials. Input from the public to the SAB PFAS
Review Panel will have the most impact if it provides specific
scientific or technical information or analysis for the SAB PFAS Review
Panel to consider or if it relates to the clarity or accuracy of the
technical information. Members of the public wishing to provide comment
should contact the DFO directly.
    Oral Statements: In general, individuals or groups requesting an
oral presentation at a public meeting will be limited to three minutes.
Persons interested in providing oral statements on December 16, 2021,
should contact Dr. Sue Shallal, DFO, via email at the contact
information noted above by December 9, 2021, to be placed on the list
of registered speakers.
    Written Statements: Written statements will be accepted throughout
the advisory process; however, for timely consideration by SAB RFT
Review Panel members, statements should be received in the SAB Staff

Office by December 30, 2021, for consideration at the public
meeting(s). Written statements should be supplied to the DFO via email
at the contact information above. Submitters are requested to provide a
signed and unsigned version of each document because the SAB Staff
Office does not publish documents with signatures on its websites.
Members of the public should be aware that their personal contact
information, if included in any written comments, may be posted to the
SAB website. Copyrighted material will not be posted without explicit
permission of the copyright holder.
    Accessibility: For information on access or services for
individuals with disabilities, please contact Dr. Shallal at the phone
number or email address noted above, preferably at least ten days prior
to the meeting, to give the EPA as much time as possible to process
your request.

V Khanna Johnston,
Deputy Director, EPA Science Advisory Board Staff Office.
[FR Doc. 2021-24565 Filed 11-9-21; 8:45 am]
BILLING CODE 6560-50-P