Emission level = FEL Production UL i i i ( ) × ( ) × ( )           ( ) × ( )               UL oduction i i i i Pr Where: FELi = The FEL to which the engine family is certified. ULi = The useful life of the engine family. Productioni = The number of vehicles in the engine family. (2) Use production projections for initial certification, and actual production volumes to determine compliance at the end of the model year. (e)( 1) Maintain and keep five types of properly organized and indexed records for each group and for each emission family: (i) Model year and EPA emission family. (ii) FEL. (iii) Useful life. (iv) Projected production volume for the model year. (v) Actual production volume for the model year. (2) Keep paper records of this information for three years from the due date for the end of year report. You may use any additional storage formats or media if you like. (3) Follow paragraphs (f) through (i) of this section to send us the information you must keep. (4) We may ask you to keep or send other information necessary to implement this subpart. (f) Include the following information in your applications for certification: (1) A statement that, to the best of your belief, you will not have a negative credit balance for any type of recreational vehicle or engine when all credits are calculated. This means that if you believe that your average emission level will be above the standard (i. e., that you will have a deficit for the model year), you must have banked credits pursuant to paragraph (j) of this section to offset the deficit. (2) Detailed calculations of projected emission credits (zero, positive, or negative) based on production projections. If you project a credit deficit, state the source of credits needed to offset the credit deficit. (g) At the end of each model year, send an end of year report. (1) Make sure your report includes three things: (i) Calculate in detail your average emission level and any emission credits based on actual production volumes. (ii) If your average emission level is above the allowable average standard, state the source of credits needed to offset the credit deficit. (2) Base your production volumes on the point of first retail sale. This point is called the final product purchase location. (3) Send end of year reports to the Designated Officer within 120 days of the end of the model year. If you send reports later, you are violating the Clean Air Act. (4) If you generate credits for banking pursuant to paragraph (j) of this section and you do not send your end of year reports within 120 days after the end of the model year, you may not use or trade the credits until we receive and review your reports. You may not use projected credits pending our review. (5) You may correct errors discovered in your end of year report, including errors in calculating credits according to the following table:

If. . . And if. . . Then we . . .

(i) Our review discovers an error in your end of year report that increases your credit bal ance. the discovery occurs within 180 days of re ceipt. restore the credits for your use.

(ii) You discover an error in your report that increases your credit balance. the discovery occurs within 180 days of re ceipt. restore the credits for your use.

VerDate Aug< 2,> 2002 18: 43 Aug 13, 2002 Jkt 197001 PO 00000 Frm 00054 Fmt 4701 Sfmt 4702 E:\ FR\ FM\ 14AUP2. SGM pfrm17 PsN: 14AUP2 EP14AU02.000</ GPH> 53103 Federal Register / Vol. 67, No. 157 / Wednesday, August 14, 2002 / Proposed Rules If. . . And if. . . Then we . . .

(iii) We or you discover an error in your report that increases your credit balance. the discovery occurs more than 180 days after receipt. do not restore the credits for your use.

(iv) We discover an error in your report that reduces your credit balance. at any time after receipt ................................. reduce your credit balance.

(h) Include in each report a statement certifying the accuracy and authenticity of its contents. (i) We may void a certificate of conformity for any emission family if you do not keep the records this section requires or give us the information when we ask for it. (j) You may include motorcycles that you certify with HC+ NOX emissions below 0.8 g/ km in the following optional early banking program: (1) To include a motorcycle in the early banking program, assign it an emission rate of 0.8 g/ km when calculating your average emission level for compliance with the Tier 1 standards. (2)( i) Calculate bankable credits from the following equation: Bonus credit = Y x [ (0.8 g/ kmÑ Certfied emission level) ]x [( Production volume of engine family) x (Useful life) ]

(ii) The value of Y is defined by the model year and emission level, as shown in the following table:

Model year Multiplier (Y) for use in MY 2010 or later corporate averaging If your certified emission level is less than 0.8 g/ km, but greater than 0.4 g/ km, then Y = . . . If your certified emission level is less than 0.4 g/ km, then Y = . . .

2003 through 2006 ................................................................................................................ 1.5 3.0 2007 ....................................................................................................................................... 1.375 2.5 2008 ....................................................................................................................................... 1.250 2.0 2009 ....................................................................................................................................... 1.125 1.5 (3) Credits banked under this paragraph (j) may be used for compliance with any 2010 or later model year standards as follows: (i) If your average emission level is above the average standard, calculate your credit deficit according to the following equation, rounding to the nearest tenth of a gram: Deficit = (Emission Level ¥ Average Standard) x (Total Annual Production) (ii) Credits deficits may be offset using banked credits. Subpart F—[ Amended]

11. A new § 86.513Ð 2004 is added to subpart F to read as follows:

§ 86.513– 2004 Fuel and engine lubricant specifications.

Section 86.513Ð 2004 includes text that specifies requirements that differ from § 86.513Ð 94. Where a paragraph in § 86.513Ð 94 is identical and applicable to § 86.513Ð 2004, this may be indicated by specifying the corresponding paragraph and the statement ``[ Reserved]. For guidance see § 86.513Ð 94.'' Where a corresponding paragraph of § 86.513Ð 94 is not applicable, this is indicated by the statement ``[ Reserved]. '' (a) Gasoline. (1) Gasoline having the following specifications will be used by the Administrator in exhaust emission testing of gasoline fueled motorcycles. Gasoline having the following specifications or substantially equivalent specifications approved by the Administrator, shall be used by the manufacturer for emission testing except that the octane specifications do not apply.

TABLE 1 OF § 86.513– 2004.— GASOLINE TEST FUEL SPECIFICATIONS Item Procedure Value Distillation Range: 1. Initial boiling point, ° C ................................................................................. ASTM D 86– 97 ........................... 23.9— 35.0. 1 2. 10% point, ° C .............................................................................................. ASTM D 86– 97 ........................... 48.9— 57.2 3. 50% point, ° C .............................................................................................. ASTM D 86– 97 ........................... 93.3— 110.0. 4. 90% point, ° C .............................................................................................. ASTM D 86– 97 ........................... 148.9— 162.8. 5. End point, ° C ............................................................................................... ASTM D 86– 97 ........................... 212.8. Hydrocarbon composition: 1. Olefins, volume % ....................................................................................... ASTM D 1319– 98 ....................... 10 maximum. 2. Aromatics, volume % .................................................................................. ASTM D 1319– 98 ....................... 35 minimum. 3. Saturates ..................................................................................................... ASTM D 1319– 98 ....................... Remainder. Lead (organic), g/ liter ............................................................................................. ASTM D 3237 ............................. 0.013 maximum. Phosphorous, g/ liter ................................................................................................ ASTM D 3231 ............................. 0.005 maximum. Sulfur, weight % ..................................................................................................... ASTM D 1266 ............................. 0.08 maximum. Volatility (Reid Vapor Pressure), kPa ..................................................................... ASTM D 3231 ............................. 55.2 to 63.4. 1 1 For testing at altitudes above 1 219 m, the specified volatility range is 52 to 55 kPa and the specified initial boiling point range is 23.9 to 40.6 C.

VerDate Aug< 2,> 2002 18: 43 Aug 13, 2002 Jkt 197001 PO 00000 Frm 00055 Fmt 4701 Sfmt 4702 E:\ FR\ FM\ 14AUP2. SGM pfrm17 PsN: 14AUP2 53104 Federal Register / Vol. 67, No. 157 / Wednesday, August 14, 2002 / Proposed Rules (2) Unleaded gasoline and engine lubricants representative of commercial fuels and engine lubricants which will be generally available though retail outlets shall be used in service accumulation. (3) The octane rating of the gasoline used shall be no higher than 4.0. Research octane numbers above the minimum recommended by the manufacturer. (4) The Reid Vapor Pressure of the gasoline used shall be characteristic of commercial gasoline fuel during the season in which the service accumulation takes place. (b) through (d) [Reserved]. For guidance see § 86.513Ð 94. 12. Section 86.544Ð 90 is amended by revising the text preceding the formula to read as follows:

§ 86.544– 90 Calculations; exhaust emissions. The final reported text results, with oxides of nitrogen being optional for model years prior to 2006 and required for 2006 and later model years, shall be computed by use of the following formula (The results of all emission tests shall be rounded, in accordance with ASTM E29Ð 90 (incorporated by reference in § 86.1), to the number of places to the right of the decimal point indicated by expressing the applicable standard to three significant figures.): * * * * *

Subpart I     [Amended]

13. Section 86.884Ð 14 is amended by revising the equation in paragraph (a) to read as follows:

§ 86.884– 14 Calculations. (a) * * * * * * * *

N N/ s m = ×     ( ) ( ) 100 1 1 100 L L s m /

PART 90— CONTROL OF EMISSIONS FROM NONROAD SPARK IGNITION ENGINES 14. The authority for part 90 continues to read as follows:

Authority: 42 U. S. C. 7521, 7522, 7523, 7524, 7525, 7541, 7542, 7543, 7547, 7549, 7550, and 7601( a).

Subpart A—[ Amended]

15. Section 90.1 as proposed at 66 FR 51181 is amended by adding a new paragraph (f) to read as follows:

§ 90.1 Applicability.

* * * * * (f) This part also applies to engines under 50 cc used in highway motorcycles if the manufacturer uses the provisions of 40 CFR 86.447Ð 2006 to meet the emission standards in this part instead of the requirements of 40 CFR part 86. Compliance with the provisions of this part is a required condition of that exemption.

Subchapter U— Air Pollution Controls 16. Part 1045 is added to subchapter U as proposed at 66 FR 51189 to read as follows:

PART 1045— CONTROL OF EMISSIONS FROM SPARK IGNITION MARINE VESSELS Subpart A— Determining How to Follow This Part Sec. 1045.1 Does this part apply to me? 1045.5 Are any of my vessels excluded from the requirements of this part? 1045.10 What main steps must I take to comply with this part? 1045.15 Do any other regulation parts affect me? 1045.20 Can I certify just the fuel system instead of the entire vessel?

Subpart B— Emission Standards and Related Requirements 1045.105 What evaporative emission standards must my vessels meet? 1045.115 What other requirements must my vessels meet? 1045.120 What warranty requirements apply to me? 1045.125 What maintenance instructions must I give to buyers? 1045.130 What installation instructions must I give to vessel manufacturers? 1045.135 How must I label and identify the vessels and fuel systems I produce? 1045.140 What interim provisions apply only for a limited time? 1045.145 What provisions apply to noncertifying manufacturers?

Subpart C— Certifying Emission Families 1045.201 What are the general requirements for submitting a certification application? 1045.205 How must I prepare my application? 1045.215 What happens after I complete my application? 1045.225 How do I amend my application to include a new or modified product? 1045.230 How do I select emission families? 1045.235 How does testing fit with my application for a certificate of conformity? 1045.240 How do I determine if my emission family complies with emission standards? 1045.245 What records must I keep and make available to EPA? 1045.250 When may EPA deny, revoke, or void my certificate of conformity? Subpart D—[ Reserved]

Subpart E— Testing In use Engines 1045.401 What provisions apply for in use testing of vessels?

Subpart F— Test Procedures 1045.501 What equipment and general procedures must I use to test my vessels? 1045.505 How do I test for diurnal evaporative emissions? 1045.506 How do I test my fuel tank for permeation emissions?

Subpart G— Compliance Provisions 1045.601 What compliance provisions apply to these vessels?

Subpart H— Averaging, Banking, and Trading for Certification 1045.701 General provisions. 1045.705 How do I average emission levels? 1045.710 How do I generate and bank emission credits? 1045.715 How do I trade or transfer emission credits? 1045.720 How do I calculate my average emission level or emission credits? 1045.725 What information must I keep? 1045.730 What information must I report?

Subpart I— Definitions and Other Reference Information 1045.801 What definitions apply to this part? 1045.805 What symbols, acronyms, and abbreviations does this part use? 1045.810 What materials does this part reference? 1045.815 How should I request EPA to keep my information confidential? 1045.820 How do I request a public hearing?

Authority: 42 U. S. C. 7401Ð 7671( q).

Subpart A— Determining How To Follow This Part § 1045.1 Does this part apply to me? (a) This part applies to you if you manufacture or import new sparkignition marine vessels (defined in § 1045.801) or part of a fuel system for such vessels (defined in § 1045.801), unless we exclude the vessels under § 1045.5. You should read § 1045.145 to determine whether we require all manufacturers to meet a specific requirement. (b) See 40 CFR part 90 to meet exhaust emission requirements for spark ignition marine engines. Note that 40 CFR part 90 does not apply to all spark ignition marine engines. (c) Note in subpart G of this part that 40 CFR part 1068 applies to everyone, including anyone who manufactures, owns, operates, or repairs any of the vessels this part covers. (d) You need not follow this part for vessels produced before the 2008 model year, unless you certify voluntarily. See § 1045.105, § 1045.145, and the definition of model year in § 1045.801 VerDate Aug< 2,> 2002 18: 43 Aug 13, 2002 Jkt 197001 PO 00000 Frm 00056 Fmt 4701 Sfmt 4702 E:\ FR\ FM\ 14AUP2. SGM pfrm17 PsN: 14AUP2 EP14AU02.001</ MATH> 53105 Federal Register / Vol. 67, No. 157 / Wednesday, August 14, 2002 / Proposed Rules for more information about the timing of new requirements. (e) See §§ 1045.801 and 1045.805 for definitions and acronyms that apply to this part. (f) For now, ignore references to engines, which will apply when we establish exhaust emission standards in this part for spark ignition marine engines.

§ 1045.5 Are any of my vessels excluded from the requirements of this part?

(a) The requirements of this part do not apply to either of two types of marine vessels: (1) Hobby vessels. (2) Vessels fueled with diesel fuel, LPG, natural gas, or other fuel that is not a volatile liquid fuel. (b) See part 1068, subpart C, of this chapter for exemptions of specific vessels. (c) We may require you to label a vessel if this section excludes it and other requirements in this chapter do not apply (for example, hobby vessels). (d) Send the Designated Officer a written request with supporting documentation if you want us to determine whether this part covers or excludes certain vessels. Excluding engines from this part's requirements does not affect other requirements that may apply to them.

§ 1045.10 What main steps must I take to comply with this part?

(a) Every new vessel subject to the standards in this part must be covered by a certificate of conformity before it is sold, offered for sale, introduced into commerce, distributed or delivered for introduction into commerce, or imported into the United States. For evaporative emissions, either the vessel manufacturer or the fuel system manufacturer must apply for a certificate of conformity for each new model year. (b) To get a certificate of conformity and comply with its terms, you must do three things: (1) Show that each vessel will meet one of the individual emission standards and other requirements in subpart B of this part. You may also need to meet a corporate average emission standard (see § 1045.105). (2) Apply for certification (see subpart C of this part). (3) Follow our instructions throughout this part. (c) Subpart F of this part and 40 CFR part 86 describe the procedures you must follow to test your vessels. Subpart F of this part and § 1045.20 describe cases for which you may test the fuel system alone instead of testing the entire vessel. (d) Subpart G of this part and 40 CFR part 1068 of this chapter describe requirements and prohibitions that apply to manufacturers, owners, operators, repairers, and all others associated with spark ignition marine vessels.

§ 1045.15 Do any other regulation parts affect me?

(a) Part 86 of this chapter describes how to measure evaporative emissions. Subpart F of this part describes how to apply part 86 of this chapter to show you meet this part's emission standards. (b) Part 1068 of this chapter describes general provisions, including these seven areas: (1) Prohibited acts and penalties for manufacturers and others. (2) Rebuilding and other aftermarket changes. (3) Exemptions for certain vessels. (4) Importing vessels. (5) Selective enforcement audits of your production. (6) Defect reporting and recall. (7) Procedures for public hearing. (c) Other parts of this chapter affect you if referenced in this part.

§ 1045.20 Can I certify just the fuel system instead of the entire vessel?

(a) You may certify only the fuel system if you manufacture part or all of the system for a vessel. Vessels using certified fuel systems do not need to be certified separately. (b) If you certify a fuel system, you must do two things: (1) Use good engineering judgment to ensure the engine will comply with emission standards after it is installed in a vessel. (2) Comply with § 1045.130. (c) Do not use the provisions of this section to circumvent emission standards or other requirements of this part. Subpart B— Emission Standards and Related Requirements § 1045.105 What evaporative emission standards must my vessels meet?

Beginning January 1, 2008, each new vessel and new portable fuel tank must be certified to the emission standards of paragraphs (a) and (b) of this section (except as allowed by paragraph (c) of this section). Vessel manufacturers may certify vessels directly or use fuel systems certified by fuel system manufacturers. (a) Diurnal Emissions. Diurnal emissions from your vessel may not exceed 1.1 grams per gallon per day as measured according to the diurnal evaporative test procedures in subpart F of this part. You may use the averaging provisions in Subpart H of this part to show you meet the standards of this paragraph (a). Emission standards described in this paragraph apply to marine vessels with installed fuel tanks; they do not apply to portable fuel tanks, which are addressed in paragraph (c) of this section. (b) Permeation emissions. Permeation emissions may not exceed the following standards: (1) Permeation emissions from your vessel's fuel tank( s) may not exceed 0.08 grams per gallon per day as measured according to the tank permeation test procedures in subpart F of this part. (2) Permeation emissions from your vessel's fuel lines may not exceed 5 grams per square meter per day as measured according to the fuel line permeation test procedures in subpart F of this part. Use the inside diameter of the hose to determine the surface area of the hose. (c) You may certify portable fuel tanks to the diurnal emission standards in paragraph (a) of this section by meeting the following design criteria: (1) The tank may include no more than two vents, which must be readily sealable for pressures up 3 psig. (2) All vents and the fuel line connection to the engine must seal automatically when disconnected. (d) You may certify vessels and fuel systems using the control technologies shown in the following tables `` by design. '' This means the design of these technologies certifies them to the standards specified in paragraph (a) of this section:

VerDate Aug< 2,> 2002 18: 43 Aug 13, 2002 Jkt 197001 PO 00000 Frm 00057 Fmt 4701 Sfmt 4702 E:\ FR\ FM\ 14AUP2. SGM pfrm17 PsN: 14AUP2 53106 Federal Register / Vol. 67, No. 157 / Wednesday, August 14, 2002 / Proposed Rules TABLE 1 OF § 1045.105.— DIURNAL LEVELS FOR DESIGN CERTIFICATION If the diurnal control technology is . . . Then you may design certify with a diurnal emission level of . . .

1. Open vented fuel tank ................................................................................................................................................ 1.5 g/ gal/ test.

2. A sealed fuel tank with a pressure relief valve that would open at a pressure of 0.5 psi ........................................ 1.3 g/ gal/ test.

3. A sealed insulated fuel tank (R value of 15 or better) with a limited flow orifice with a maximum cross sectional area defined by the following equation: Area in mm 2 = 0.04 × fuel tank capacity in gallons (Example: A 20 gallon tank with an orifice no more than 1.0 mm in diameter.) 1.3 g/ gal/ test.

4. A sealed fuel tank with a pressure relief valve that would open at a pressure of 1.0 psi ........................................ 1.1 g/ gal/ test.

5. A sealed fuel tank with a pressure relief valve that would open at a pressure of 1.5 psi ........................................ 0.9 g/ gal/ test.

6. A sealed fuel tank with a pressure relief valve that would open at a pressure of 2.0 psi ........................................ 0.7 g/ gal/ test.

7. A sealed fuel tank with a pressure relief valve that would open at a pressure of 0.5 psi, and with a volume compensating bag made from a low permeability material 1 with a bag volume equal to at least 25 percent of the volume of the fuel tank. 0.5 g/ gal/ test.

8. A sealed bladder fuel tank made from a low permeability ........................................................................................ 0.1 g/ gal/ test.

1 Permeability of 5 g/ m 2 /day or less.

TABLE 2 OF § 1045.105.— TANK PERMEATION LEVELS FOR DESIGN CERTIFICATION If the tank permeability control technology is . . . Then you may design certify with a tank emission level of . . .

1. A metal fuel tank with no non metal gaskets or with gaskets made from a low permeability material 1 .................. 0.08 g/ gal/ test day.

2. A metal fuel tank with non metal gaskets with an exposed surface area of 1000 mm 2 or less ............................... 0.08 g/ gal/ test day.

1 Permeability of 10 g/ m 2 /day or less.

TABLE 3 OF § 1045.105.— FUEL AND VENT LINE PERMEATION LEVELS FOR DESIGN CERTIFICATION If the fuel line and vent line permeability control technology is . . . Then you may design certify with a fuel line permeation emission level of . . .

Hose meeting SAE 2260 Category 1 permeation level 1 ............................................................................................... 5 g/ m 2 /test day.

1 Hose must also meet U. S. Coast Guard Regulations.

(e) We may establish additional design certification options based on test data.

§ 1045.115 What other requirements must my vessels meet?

(a) through (d) [Reserved] (e) Prohibited controls. You may not do either of the following things: (1) You may not design engines or vessels with an emission control system that emits any noxious or toxic substance that the engine would not emit during operation in the absence of such a system, except as specifically permitted by regulation. (2) You may not design engines or vessels with an emission control system that is unsafe. For example, emission controls must comply with all applicable U. S. Coast Guard regulations. (f) Defeat devices. You may not equip your vessels with a defeat device. A defeat device is an auxiliary emission control device or other control feature that degrades emission controls under conditions you may reasonably expect the vessel to encounter during normal operation and use. (g) Evaporative technology. Make sure (by testing or engineering analysis) that technologies used to meet evaporative emission standards keep working for at least 30 days while the boat or engine is not used. Design them to last for the full useful life. The useful life for evaporative controls is ten years. (h) Fuel tank location. The test procedures in subpart F of this part do not represent the experience of a vessel with the fuel tank exposed to direct sunlight (sun exposure can cause much greater fuel temperature swings, which would increase evaporative emissions). If you design your vessel this way, you must show that you meet emission standards by measuring emissions with a test that incorporates the effect of the sun's radiant heat. Note: This requirement does not apply to portable fuel tanks.

§ 1045.120 What warranty requirements apply to me?

(a) You must warrant to the ultimate buyer that the new vessel meets two conditions: (1) You have designed, built, and equipped it to meet the requirements of this part. (2) It is free from defects in materials and workmanship that may keep it from meeting these requirements. (b) Your emission related warranty for evaporative controls must be valid for at least 50 percent of the useful life in years. You may offer a warranty more generous than we require. This warranty may not be shorter than any published or negotiated warranty you offer for the vessel or any of its components.

VerDate Aug< 2,> 2002 18: 43 Aug 13, 2002 Jkt 197001 PO 00000 Frm 00058 Fmt 4701 Sfmt 4702 E:\ FR\ FM\ 14AUP2. SGM pfrm17 PsN: 14AUP2 53107 Federal Register / Vol. 67, No. 157 / Wednesday, August 14, 2002 / Proposed Rules § 1045.125 What maintenance instructions must I give to buyers? Give the ultimate buyer of each new vessel written instructions for properly maintaining and using the vessel, including the emission control system.

§ 1045.130 What installation instructions must I give to vessel manufacturers? (a) If you sell a certified fuel system for someone else to install in a sparkignition marine vessel, give the buyer of the fuel system written instructions for installing it consistent with the requirements of this part. Make sure these instructions have the following information: (1) Include the heading: `` Emissionrelated installation instructions. '' (2) State: `` Failing to follow these instructions when installing a certified fuel system in a spark ignition marine vessel violates federal law (40 CFR 1068.105( b)), subject to fines or other penalties as described in the Clean Air Act. ''. (3) Describe any other instructions to make sure the installed fuel system will operate according to design specifications in your application for certification. (4) State: `` If you obscure the fuel system's emission label, you must attach a duplicate label to your vessel, as described in 40 CFR 1068.105.''. (b) You do not need installation instructions for fuel systems you install in your own vessel.

§ 1045.135 How must I label and identify the vessels and fuel systems I produce? (a) [Reserved] (b) At the time of manufacture, add a permanent label identifying each tank. To meet labeling requirements, do three things: (1) Attach the label in one piece so it is not removable without being destroyed or defaced. (2) Design and produce it to be durable and readable for the vessel's entire life. (3) Write it in block letters in English. (c) On your fuel tank label, do ten things: (1) Include the heading `` EMISSION CONTROL INFORMATION. '' (2) Include your full corporate name and trademark. (3) State: `` THIS VESSEL IS CERTIFIED TO OPERATE ON [specify operating fuel or fuels]. ''. (4) State the date of manufacture [DAY (optional), MONTH, and YEAR]. (5) State: `` THIS VESSEL MEETS U. S. ENVIRONMENTAL PROTECTION AGENCY REGULATIONS FOR [MODEL YEAR] VESSELS]. ''. (6) Include EPA's standardized designation for the emission family. (7) Include the model number (or part number) of the fuel tank. (8) Include the part number( s) of the fuel lines. (9) Include the fuel tank capacity in U. S. gallons. (10) Describe other information on proper maintenance and use. (11) Identify any other emission standards to which you have certified the vessel. (d) You may combine the EPA emission control label with the label required by the U. S. Coast Guard. If you are unable to meet the exact labeling requirements described in paragraph (c) of this section for your combined label, you may ask us to modify the requirements consistent with the intent of this section. (e) Some vessels may not have enough space for a label with all the required information. In this case, we may allow you to omit some of the information required if you print it in the owner's manual instead. (f) If you are unable to meet these labeling requirements, you may ask us to modify them consistent with the intent of this section. (g) If you obscure the fuel tank label while installing the tank in the vessel, you must place a duplicate label on the vessel. If someone else installs the fuel tank in a vessel, give them duplicate labels if they ask for them (see 40 CFR 1068.105). (h) Non metallic fuel lines must be labeled with the name of the fuel line manufacturer and with a permeability classification.

§ 1045.140 What interim provisions apply only for a limited time?

From 2004 to 2007, if you certify to an FEL below the average standard in § 1045.105( a), you may generate early credits. Calculate credits according to § 1045.720( b) by replacing `` Average Standard'' with 1.1 g/ gallon and `` Emission Level'' with the FEL to which the emission family is certified.

§ 1045.145 What provisions apply to noncertifying manufacturers?

(a) General requirements. The following general requirements apply to non certifying manufacturers: (1) Every manufacturer is responsible for compliance with the requirements of this part that apply to manufacturers. However, if one manufacturer complies with a requirement, then we will consider all manufacturers to have complied with that specific requirement. (2) Where more than one entity meets the definition of manufacturer for a particular vessel and any one of the manufacturers obtains a certificate of conformity covering the whole vessel, the requirements of subparts C and H of this part and subparts E and F of part 1068 of this chapter apply to the manufacturer that holds the certificate of conformity. Other manufacturers must meet the requirements of subparts C and H of this part and subparts E and F of part 1068 of this chapter only if we say so. In this case, we will allow a reasonable time to meet the requirements that apply. (b) Requirements for permeability treatment. If you treat fuel tanks or fuel lines to reduce permeability but do not hold the certificate, you must keep records of the treatment process for three years after the treatment occurs. You must make these records available to us if we request them. (c) Requirements for fuel system or emission control components. If you manufacture a fuel system component or an emission control component or fuel lines used to reduce permeability but do not hold the certificate, we may require you to keep records of your manufacturing process for three years after the component is manufactured. You must make these records available to us if we request them. (d) Requirements for emission test data. If a certifying manufacturer uses your emission test data to certify, we may require you to give us a signed statement verifying that your tests were conducted using the test procedures in this part.

Subpart C— Certifying Emission Families § 1045.201 What are the general requirements for submitting a certification application? (a) Send us an application for a certificate of conformity for each emission family. Each application is valid for only one model year. (b) The application must not include false or incomplete statements or information (see § 1045.250). We may choose to ask you to send us less information than we specify in this subpart, but this would not change your recordkeeping requirements. (c) Use good engineering judgment for all decisions related to your application (see § 1068.005 of this chapter). (d) An authorized representative of your company must approve and sign the application.

§ 1045.205 How must I prepare my application? In your application, you must do all the following things: (a) Describe the emission family's specifications and other basic VerDate Aug< 2,> 2002 18: 43 Aug 13, 2002 Jkt 197001 PO 00000 Frm 00059 Fmt 4701 Sfmt 4702 E:\ FR\ FM\ 14AUP2. SGM pfrm17 PsN: 14AUP2 53108 Federal Register / Vol. 67, No. 157 / Wednesday, August 14, 2002 / Proposed Rules parameters of the design. List the types of fuel you intend to use to certify the emission family (for example, gasoline or methanol). (b) Explain how the emission control system operates. Describe in detail all the system's components, auxiliary emission control devices, and all fuelsystem components you will install on any production or test system. Explain how you determined that the emissioncontrol system comply with the requirements of § 1045.115, including why any auxiliary emission control devices are not defeat devices (see § 1045.115( f)). Do not include detailed calibrations for components unless we ask for them. (c) Describe the vessels, engines, tanks, and/ or hoses you selected for testing and the reasons for selecting them. (d) Describe any special or alternate test procedures you used (see § 1045.501). (e) [Reserved] (f) List the specifications of the test fuel to show that it falls within the required ranges we specify in 40 CFR part 1065, subpart C. (g) Identify the emission family's useful life. (h) Propose maintenance and use instructions for the ultimate buyer (see § 1045.125). (i) Propose emission related installation instructions if you sell fuel systems for someone else to install in a vessel (see § 1045.130). (j) Propose an emission control label. (k) Present emission data for HC to show you meet the emission standards we specify in § 1045.105. (l) Report all test results, including those from invalid tests or from any nonstandard tests. (m) [Reserved] (n) Describe all adjustable operating parameters. (o) If you conducted testing, state that you conducted your emission tests according to the specified procedures and test parameters using the fuels described in the application to show you meet the requirements of this part. (p) If you did not conduct testing, state how your emission family meets the requirements for design certification. (q) State unconditionally that all the vessels in the emission family comply with the requirements of this part, other referenced parts, and the Clean Air Act (42 U. S. C. 7401 et seq.). (r) Include estimates of vessel (or fuel system) production. (s) Add other information to help us evaluate your application if we ask for it. § 1045.215 What happens after I complete my application? (a) If any of the information in your application changes after you submit it, amend it as described in § 1045.225. (b) We may decide that we cannot approve your application unless you revise it. (1) If you inappropriately use the provisions of § 1045.230( c) or (d) to define a broader or narrower emission family, we will require you to redefine your emission family. (2) If your proposed label is inconsistent with § 1045.135, we will require you to change it (and tell you how, if possible). (3) If you require or recommend maintenance and use instructions inconsistent with § 1045.125, we will require you to change them. (4) If we find any other problem with your application, we will tell you how to correct it. (c) If we determine your application is complete and shows you meet all the requirements, we will issue a certificate of conformity for your emission family for that model year. If we deny the application, we will explain why in writing. You may then ask us to hold a hearing to reconsider our decision (see § 1045.820).

§ 1045.225 How do I amend my application to include a new or modified product? (a) You must amend your application for certification before you take either of the following actions: (1) Add a vessel, engine, or fuel system to a certificate of conformity. (2) Make a design change for a certified emission family that may affect emissions or an emission related part over the lifetime of the vessel, engine, or fuel system. (b) Send the Designated Officer a request to amend the application for certification for an emission family. In your request, do all of the following: (1) Describe the model or configuration you are adding or changing. (2) Include engineering evaluations or reasons why the original testing is or is not still appropriate. (3) If the original testing for the emission family is not appropriate to show compliance for the new or modified vessel, include new test data showing that the new or modified product meets the requirements of this part. (c) You may start producing the new or modified product anytime after you send us your request. (d) You must give us test data within 30 days if we ask for more testing, or stop production if you are not able do this. (e) If we determine that the certificate of conformity would not cover your new or modified product, we will send you a written explanation of our decision. In this case, you may no longer produce these vessels, engines, or fuel systems, though you may ask for a hearing for us to reconsider our decision (see § 1045.820).

§ 1045.230 How do I select emission families?

(a) Divide your product line into groups of vessels (or fuel systems) that you expect to have similar emission characteristics. These groups are call emission families. (b) You need a separate emission family for each model year.

§ 1045.235 How does testing fit with my application for a certificate of conformity?

This section describes how to do testing in your effort to apply for a certificate of conformity. (a) Test your vessels using the procedures and equipment specified in subpart F of this part. (1) For evaporative testing, you may test the fuel system without the vessel. (2) For exhaust testing, test the engine without the vessel. (b) Select from each emission family a test vessel for each fuel type with a configuration you believe is most likely to exceed an applicable standard (e. g., the diurnal evaporative standard). Using good engineering judgment, consider the emission levels of all regulated constituents over the full useful life of the vessel. (c) You may submit emission data for equivalent emission families from previous years instead of doing new tests, but only if the data shows that the test vessel would meet all the requirements for the latest models. We may require you to do new emission testing if we believe the latest models could be substantially different from the previously tested vessel. (d) We may choose to measure emissions from any of your test vessels. (1) If we do this, you must provide the test vessel at the location we select. We may decide to do the testing at your plant or any other facility. If we choose to do the testing at your plant, you must schedule it as soon as possible and make available the instruments and equipment we need. This provision does not apply for evaporative emission testing for manufacturers that use the design certification provisions for all of the products under § 1045.105( d). (2) If we measure emissions on one of your test vessels, the results of that testing become the official data for the vessel. Unless we later invalidate this VerDate Aug< 2,> 2002 18: 43 Aug 13, 2002 Jkt 197001 PO 00000 Frm 00060 Fmt 4701 Sfmt 4702 E:\ FR\ FM\ 14AUP2. SGM pfrm17 PsN: 14AUP2 53109 Federal Register / Vol. 67, No. 157 / Wednesday, August 14, 2002 / Proposed Rules data, we may decide not to consider your data in determining if your emission family meets the emission standards. (e) We may allow you to certify vessels using existing data from vessels with similarly designed fuel systems that you did not manufacture. In those cases, you are not required to emissiontest your vessels or fuel systems. (f) For fuel tanks that are designcertified based on permeability treatments for plastic fuel tanks, you do not need to test each emission family. However, you must use good engineering judgment to determine permeation rates for the tanks. Good engineering judgment requires that at least one fuel tank be tested for each set of treatment conditions. For example, if you treat tanks made from the same material using the identical tretament process, but that are in different emission families, then you would only need to test one tank.

§ 1045.240 How do I determine if my emission family complies with emission standards? (a) Your emission family complies with the applicable numerical emission standards in § 1045.105 if all emissiondata vessels representing that family have test results showing emission levels at or below all applicable standards, provided you also comply with the average emission standard for your total production. (b) Your emission family does not comply if any emission data vessel representing that family has test results showing emission levels above the applicable standards from § 1045.105. (c) If your average emission level is above an applicable standard, then all of emission families with emission levels above the average standard are noncompliant.

§ 1045.245 What records must I keep and make available to EPA? (a) Organize and maintain the following records to keep them readily available; we may review these records at any time: (1) A copy of all applications and any summary information you sent us. (2) Any of the information we specify in § 1045.205 that you did not include in your application. (3) A detailed history of each emission data vessel. In each history, describe the test vessel's construction, including its origin and buildup, steps you took to ensure that it represents production vessels, any components you built specially for it, and all emission related components. (b) Keep data from routine emission tests for one year after we issue the associated certificate of conformity. Keep all other information specified in paragraph (a) of this section for eight years after we issue your certificate. (c) Store these records in any format and on any media, as long as you can promptly send us organized, written records in English if we ask for them. (d) Send us copies of any vessel maintenance instructions or explanations if we ask for them.

§ 1045.250 When may EPA deny, revoke, or void my certificate of conformity?

(a) We may deny your application for certification if your emission data vessels fail to comply with emission standards or other requirements. Our decision may be based on any information available to us. If we deny your application, we will explain why in writing. (b) In addition, we may deny your application or revoke your certificate if you do any of the following: (1) Refuse to comply with any testing or reporting requirements. (2) Submit false or incomplete information (paragraph (d) of this section applies if this is fraudulent). (3) Render inaccurate any test data. (4) Deny us from completing authorized activities despite our presenting a warrant or court order (see § 1068.020 of this chapter). (5) Produce vessels for importation into the United States at a location where local law prohibits us from carrying out authorized activities. (c) We may void your certificate if you do not keep the records we require or do not give us information when we ask for it. (d) We may void your certificate if we find that you committed fraud to get it. This means intentionally submitting false or incomplete information. (e) If we deny your application or revoke or void your certificate, you may ask for a hearing (see § 1045.820). Any such hearing will be limited to substantial and factual issues.

Subpart D—[ Reserved]

Subpart E— Testing In use Engines § 1045.401 What provisions apply for inuse testing of vessels?

We may conduct in use testing of any vessel (or part of a vessel) subject to the standards of this part. If we determine that a substantial number of vessels do not comply with the regulations of this part, we may order the manufacturer to conduct a recall as specified in 40 CFR part 1068. Subpart F— Test Procedures § 1045.501 What equipment and general procedures must I use to test my vessels?

(a) Diurnal testing. Use the equipment specified in 40 CFR part 86 subpart B (i. e., the procedures used to measure diurnal evaporative emissions for gasoline fueled highway vehicles). Use the procedures specified in § 1045.505 to measure diurnal emissions. (1) These provisions require placing your vessel or fuel system within a sealed, temperature controlled enclosure called a SHED (Sealed Housing for Evaporative Determination). (2) You must include a fan to maintain a minimum wind speed of 5 miles per hour across the tank. (b) Permeation testing. Use the following equipment and procedures for measuring permeation emissions: (1) For fuel tank permeation, see § 1045.506. (2) For fuel line permeation, see SAE J1527 (incorporated by reference in § 1045.810). Alternatively, you may use the equipment and procedures specified in SAE J1737 (incorporated by reference in § 1045.810), except that all tests must be conducted at 23 C ± 2 C. (c) Special or alternate procedures. You may use special or alternate procedures, as described in § 1065.010 of this chapter.

§ 1045.505 How do I test for diurnal evaporative emissions?

Measure evaporative emissions by placing the preconditioned vessel or fuel system within a sealed, temperature controlled SHED and recording the concentration of fuel vapors within the SHED as the temperature cycles between 22.2 C and 35.6 C. (a) Preconditioning and test preparation. To prepare your vessel or fuel system, follow these seven steps: (1) To precondition the tank, fill it to its nominal capacity and allow it to soak at 30 C ± 5 C for one month. Note: You may omit this step; however, if you omit this step, you may not correct measured emissions for permeation that occurs during the test. (2) Determine the tank's fuel capacity in gallons as configured in the vessel (using at least three significant figures). (3) Fill the fuel tank with the test fuel to its capacity. If you fill the tank within the SHED, do not spill any fuel. (4) Allow the tank and its contents to equilibrate to 22.2 C ± 1 C within the SHED. (5) Connect a fuel siphon to the tank outlet and drain 60 percent of the fuel. You may vent the tank before draining it. Do not spill any fuel.

VerDate Aug< 2,> 2002 18: 43 Aug 13, 2002 Jkt 197001 PO 00000 Frm 00061 Fmt 4701 Sfmt 4702 E:\ FR\ FM\ 14AUP2. SGM pfrm17 PsN: 14AUP2 53110 Federal Register / Vol. 67, No. 157 / Wednesday, August 14, 2002 / Proposed Rules (6) Close the SHED and set the temperature control to 22.2 F. Allow the SHED to equilibrate for two hours. (7) If the fuel tank vent will have an attached vent hose when installed in the vessel, attach a vent hose representative of the shortest length of vent hose that will be used when the tank is installed in the vessel. You may attach the hose at any time before you start the test run (§ 1045.505( b)). (b) Test run. To measure emissions from your vessel or fuel system, follow these six steps: (1) Ensure that the measured temperature within the SHED is 22.2 ± 0.2 C. (2) Ventilate the SHED. (3) Seal the SHED and record the hydrocarbon concentration within the SHED. This is the zero hour value. (4) Begin the temperature cycle in Table 1 of § 1045.505. Run the temperature cycle three times. (5) Record the hydrocarbon concentration at the end of each temperature cycle. (6) Use the calculation procedures of 40 CFR 86.143Ð 96 to calculate the mass emissions for each of the three 24 hour temperature cycles. The highest of the these three is the official test result. If you precondition the tank as specified in § 1045.505( a)( 1), you may correct these results by subtracting the permeation emissions from the total, consistent with good engineering judgment.

TABLE 1 OF § 1045.505— 24 HOUR TEMPERATURE CYCLE FOR EMISSION TESTING Time (hours) Temperature ( C)

0 .................................................... 22.2 1 .................................................... 22.5 2 .................................................... 23.6 3 .................................................... 26.6 4 .................................................... 29.5 5 .................................................... 31.8 6 .................................................... 34.0 7 .................................................... 34.8 8 .................................................... 35.5 9 .................................................... 35.6 10 .................................................. 35.3 11 .................................................. 34.4 12 .................................................. 33.5 13 .................................................. 31.8 14 .................................................. 30.0 15 .................................................. 28.6 16 .................................................. 27.1 17 .................................................. 26.1 18 .................................................. 25.0 19 .................................................. 24.3 20 .................................................. 23.7 21 .................................................. 23.3 22 .................................................. 22.8 23 .................................................. 22.5 24 .................................................. 22.2 § 1045.506 How do I test my fuel tank for permeation emissions?

Measure permeation emissions by weighing a sealed fuel tank before and after a temperature controlled soak. (a) Preconditioning. To precondition your fuel tank, follow these six steps: (1) Fill the tank and allow it to soak at 30 C ± 10 C for 60 days. (2) Determine the tank's fuel capacity as configured in the vessel to the nearest tenth of a gallon. (3) Fill the fuel tank with the test fuel to its capacity. If you fill the tank within the SHED, do not spill any fuel. (4) Allow the tank and its contents to equilibrate to 40 C ± 2 C. (5) Seal the fuel tank using nonpermeable fittings, such as metal or Teflon TM . (b) Test run. To measure emissions from your fuel tank, follow these nine steps: (1) Weigh the sealed fuel tank, and record the weight to the nearest 0.1 grams. (You may use less precise weights, provided that the difference in mass from the start of the test to the end of the test has at least three significant figures.) (2) Carefully place the tank within the temperature controlled container or SHED. Do not spill any fuel. (3) Close the container or SHED and record the time. (4) Ensure that the measured temperature within the container or SHED is 40 C ± 2 C. (5) Leave the tank in the container or SHED for 10 to 30 days, consistent with good engineering judgment (based on the expected permeation rate). (6) Hold the temperature of the container or SHED to 40 C ± 2 C and record at least daily. (7) At the end of the soak period, weigh the sealed fuel tank and record the weight to the nearest 0.1 grams. (You may use less precise weights, provided that the difference in mass from the start of the test to the end of the test has at least three significant figures.) (8) Subtract the weight of the tank at the end of the test from the weight of the tank at the beginning of the test, and divide the difference by the capacity of the fuel tank. Divide this gram/ gallon value by the number of test days to calculate the gram/ gallon/ test day emission rate. Example: If a 20.4 gallon tank weighed 31782.3 grams at the beginning of the test, weighed 31760.2 grams after soaking for 25.03 days, then the gram/ gallon/ test day emission rate would be: (31882.3 gÑ 31760.2 g) / 20.4 gal / 25.03 test days = 0.239 g/ gal/ test day (9) Round your result to the same number of decimal places as the standard.

Subpart G— Compliance Provisions § 1045.601 What compliance provisions apply to these vessels?

Vessel manufacturers, as well as owners, operators, and rebuilders of these vessels, and all other persons, must observe the requirements and prohibitions in part 1068 of this chapter.

Subpart H— Averaging, Banking, and Trading for Certification § 1045.701 General provisions.

(a) You may average, bank, and trade emission credits for certification as described in this subpart to meet the average standards of this part. You must comply with the averaging requirements if you certify with an emission level higher than the applicable average standard. Participation in banking and trading is voluntary. Note: Some standards, such as the tank permeation standard, do not allow you to comply on average. (b) The definitions of Subpart I of this part apply to this subpart. The following definitions also apply: (1) Average standard means the standard that applies on average to all your vessels, engines, or fuel systems that are subject to this part (except portable fuel tanks). (2) Broker means any entity that facilitates a trade between a buyer and seller. (3) Buyer means the entity that receives credits as a result of trade or transfer. (4) FEL means the familiy emission limit to which an emission family is certified (5) Group means a group of vessels having the same evaporative control technology, model year, and fuel tank capacity. (6) Reserved credits means credits generated but not yet verified by EPA in the end of year report review. (7) Seller means the entity that provides credits during a trade or transfer. (8) Transfer means to convey control of credits an individual tank generatesÑ (i) From a certifying tank manufacturer to a vessel manufacturer that buys the tank; or (ii) To a certifying tank manufacturer from a vessel manufacturer that buys the tank. (c) Do not include any exported vessel, engine, or tank in the certification averaging, banking, and VerDate Aug< 2,> 2002 18: 43 Aug 13, 2002 Jkt 197001 PO 00000 Frm 00062 Fmt 4701 Sfmt 4702 E:\ FR\ FM\ 14AUP2. SGM pfrm17 PsN: 14AUP2 53111 Federal Register / Vol. 67, No. 157 / Wednesday, August 14, 2002 / Proposed Rules trading program. Include only vessels, engines, or fuel tanks certified under this part.

§ 1045.705 How do I average emission levels? (a) As specified in subpart B of this part, certify each emission family that you are including the averaging program to an FEL. (b) Calculate a preliminary average emission level according to § 1045.720 using projected production volumes for your application for certification. (c) After the end of your model year, calculate a final average emission level according to § 1045.720 using actual production volumes. (d) If your preliminary average emission level is below the allowable average standard, see § 1045.710 for information about generating and banking emission credits. These credits will be considered reserved until verified by EPA during the end of year report review.

§ 1045.710 How do I generate and bank emission credits? (a) If your average emission level is below the average standard, you may calculate credits according to § 1045.720. (b) You may generate credits if you are a certifying manufacturer. You may hold them if you are a fuel tank or vessel manufacturer (c) You may bank unused emission credits, but only after the end of the calendar year and after we have reviewed your end of year reports. (d) During the calendar year and before you send in your end of year report, you may consider reserved any credits you originally designate for banking during certification. You may redesignate these credits for trading or transfer in your end of year report, but they are not valid to demonstrate compliance until verified. (e) You may use for averaging or trading any credits you declared for banking from the previous calendar year that we have not reviewed. But, we may revoke these credits laterÑ following our review of your end of year report or audit actions. For example, this could occur if we find that credits are based on erroneous calculations; or that emission levels are misrepresented, unsubstantiated, or derived incorrectly in the certification process.

§ 1045.715 How do I trade or transfer emission credits?

(a) You may trade only banked credits, not reserved credits. (b) Whether or not you hold a certificate, you may transfer unbanked credits to a manufacturer that is supplying a fuel tank to you or a vessel manufacturer that is buying a fuel tank from you. (c) How you handle unused transferred credits at the end of a model year depends on whether or not you hold a certificate. (1) If you hold a certificate, you may bank these credits. (2) If you do not hold a certificate, you may not bank these credits; you may only transfer them to a certificate holder. (d) If a negative credit balance results from a credit trade or transfer, both buyers and sellers are liable, except in cases involving fraud. We may void the certificates of all emission families participating in a negative trade. (1) If you buy credits but have not caused the negative credit balance, you must only supply more credits equivalent to the amount of invalid credits you used. (2) If you caused the credit shortfall, you may be subject to the requirements of § 1045.730( b)( 6).

§ 1045.720 How do I calculate my average emission level or emission credits?

(a) Calculate your average emission level for each model year according to the following equation and round it to the nearest tenth of a gram per gallon. Use consistent units throughout the calculation. (1) Calculate the average emission level as:

Emission level = FEL Capacity Production Production Capacity i i i i ( ) × ( ) × ( )           ( ) × ( )               i i i Where: FELi = The FEL to which the engine family is certified. Capacityi = The capacity of the fuel tanks. Productioni = The number of fuel tanks produced in that model year with a capacity of Capacityi. (2) Sum the emissions for each unique combination of emission family and fuel tank capacity. (3) Use production projections for initial certification, and actual production volumes to determine compliance at the end of the model year. (b) If your average emission level is below the average standard, calculate credits available for banking according to the following equation and round them to the nearest tenth of a gram:

Credit Average standard Emission level Production Capacity i i = ( ) [ ] × ( ) × ( )             i (c) If your average emission level is above the average standard, calculate your preliminary credit deficit according to the following equation, rounding to the nearest tenth of a gram:

Deficit Emission level Average standard Production Capacity i i = ( ) [ ] × ( ) × ( )             i § 1045.725 What information must I keep?

(a) Maintain and keep five types of properly organized and indexed records for each group and for each emission family: (1) Model year and EPA emission family. (2) Bin standard. (3) Fuel tank capacity. (4) Projected production volume for the model year.

VerDate Aug< 2,> 2002 18: 43 Aug 13, 2002 Jkt 197001 PO 00000 Frm 00063 Fmt 4701 Sfmt 4702 E:\ FR\ FM\ 14AUP2. SGM pfrm17 PsN: 14AUP2 EP14AU02.002</ MATH> EP14AU02.003</ MATH> EP14AU02.004</ MATH> 53112 Federal Register / Vol. 67, No. 157 / Wednesday, August 14, 2002 / Proposed Rules (5) Actual production volume for the model year. (b) Keep paper records of this information for three years from the due date for the end of year report. You may use any additional storage formats or media if you like. (c) Follow § 1045.730 to send us the information you must keep. (d) We may ask you to keep or send other information necessary to implement this subpart.

§ 1045.730 What information must I report? (a) Include the following information in your applications for certification: (1) A statement that, to the best of your belief, you will not have a negative credit balance when all credits are calculated. This means that if you believe that your average emission level will be above the standard (i. e., that you will have a deficit for the model year), you must have banked credits (or project to have traded credits) to offset the deficit. (2) Detailed calculations of projected emission credits (zero, positive, or negative) based on production projections. (i) If you project a credit deficit, state the source of credits needed to offset the credit deficit. (ii) If you project credits, state whether you will reserve them for banking or transfer them. (b) At the end of each model year, send an end of year report. (1) Make sure your report includes three things: (i) Calculate in detail your average emission level and any emission credits (zero, positive, or negative) based on actual production volumes. (ii) If your average emission level is above the allowable average standard, state the source of credits needed to offset the credit deficit. (iii) If your average emission level is below the allowable average standard, state whether you will reserve the credits for banking or transfer them. (2) Base your production volumes on the point of first retail sale. This point is called the final product purchase location. (3) Send end of year reports to the Designated Officer within 120 days of the end of the model year. If you send reports later, you are violating the Clean Air Act. (4) If you generate credits for banking and you do not send your end of year reports within 120 days after the end of the model year, you may not use or trade the credits until we receive and review your reports. You may not use projected credits pending our review. (5) You may correct errors discovered in your end of year report, including errors in calculating credits according to the following table:

If. . . And if. . . Then we. . .

(i) Our review discovers an error in your endof year report that increases your credit balance the discovery occurs within 180 days of receipt restore the credits for your use.

(ii) You discover an error in your report that increases your credit balance. the discovery occurs within 180 days of receipt restore the credits for your use.

(iii) We or you discover an error in your report that increases your credit balance. the discovery occurs more than 180 days after receipt. do not restore the credits for your use.

(iv) We discover an error in your report that reduces your credit balance. at any time after receipt .................................... reduce your credit balance.

(6) If our review of your end of yearreport shows a negative balance, you may buy credits to bring your credit balance to zero. But you must buy 1.1 credits for each 1.0 credit needed. If enough credits are not available to bring your credit balance to zero, we may void the certificates for all families certified to standards above the allowable average. (c) Within 90 days of any credit trade or transfer, you must send the Designated Officer a report of the trade or transfer that includes three types of information: (1) The corporate names of the buyer, seller, and any brokers. (2) Information about the credits that depends on whether you trade or transfer them. (i) For trades, describe the banked credits being traded. (ii) For transfers, calculate the credits in detail and identify the source or use of the credits. (3) Copies of contracts related to credit trading or transfer from the buyer, seller, and broker, as applicable. (d) Include in each report a statement certifying the accuracy and authenticity of its contents. (e) We may void a certificate of conformity for any emission family if you do not keep the records this section requires or give us the information when we ask for it.

Subpart I— Definitions and Other Reference Information § 1045.801 What definitions apply to this part?

The definitions in this section apply to this part. The definitions apply to all subparts unless we note otherwise. All undefined terms have the meaning the Act gives to them. The definitions follow: Act means the Clean Air Act, as amended, 42 U. S. C. 7401 et seq. Adjustable parameter means any device, system, or element of design that someone can adjust (including those which are difficult to access) and that, if adjusted, may affect emissions or vessel performance during emission testing or normal in use operation. Aftertreatment means relating to any system, component, or technology mounted downstream of the exhaust valve or exhaust port whose design function is to reduce exhaust emissions. Auxiliary emission control device means any element of design that senses temperature, engine rpm, boat speed, transmission gear, atmospheric pressure, manifold pressure or vacuum, or any other parameter to activate, modulate, delay, or deactivate the operation of any part of the emissioncontrol system. This also includes any other feature that causes in use emissions to be higher than those measured under test conditions, except as we allow under this part. Broker means any entity that facilitates a trade of emission credits between a buyer and seller. Calibration means the set of specifications and tolerances specific to a particular design, version, or application of a component or assembly capable of functionally describing its operation over its working range.

VerDate Aug< 2,> 2002 18: 43 Aug 13, 2002 Jkt 197001 PO 00000 Frm 00064 Fmt 4701 Sfmt 4702 E:\ FR\ FM\ 14AUP2. SGM pfrm17 PsN: 14AUP2 53113 Federal Register / Vol. 67, No. 157 / Wednesday, August 14, 2002 / Proposed Rules Capacity means the maximum volume of liquid fuel that a fuel tank can hold when installed in a vessel. Certification means obtaining a certificate of conformity for an emission family that complies with the emission standards and requirements in this part. Compression ignition means relating to a type of reciprocating, internalcombustion vessel that is not a sparkignition vessel. Crankcase emissions means airborne substances emitted to the atmosphere from any part of the vessel crankcase's ventilation or lubrication systems. The crankcase is the housing for the crankshaft and other related internal parts. Designated Officer means the Manager, Engine Compliance Programs Group (6403Ð J), U. S. Environmental Protection Agency, 1200 Pennsylvania Ave., Washington, DC 20460. Emission control system means any device, system, or element of design that controls or reduces the regulated emissions from an vessel. Emission data vessel means a vessel, engine, or fuel system that is tested for certification. Emission family means a group of vessels, engines or fuel systems with similar emission characteristics, as specified in § 1045.230. Emission related maintenance means maintenance that substantially affects emissions or is likely to substantially affect emissions deterioration. Fuel system means any or all of the components involved in transporting, metering, and mixing the fuel from the fuel tank to the combustion chamber( s), including the fuel tank, fuel tank cap, fuel pump, fuel filters, fuel lines, carburetor or fuel injection components, and all fuel system vents. Good engineering judgment has the meaning we give it in § 1068.005 of this chapter. Hobby vessel means a recreational vessel that is a reduced scale model vessel that is not capable of transporting a person. Hydrocarbon (HC) means the hydrocarbon group on which the emission standards are based for each fuel type. For gasoline and LPG fueled vessels, HC means total hydrocarbon (THC). For natural gas fueled vessels, HC means nonmethane hydrocarbon (NMHC). For alcohol fueled vessels, HC means total hydrocarbon equivalent (THCE). Identification number means a unique specification (for example, model number/ serial number combination) that allows someone to distinguish a particular vessel from other similar vessels. Manufacturer has the meaning given in section 216( 1) of the Act. In general, this term includes any person who manufactures a vessel, engine, or fuel system component for sale in the United States or otherwise introduces a new vessel, engine, or fuel system component into commerce in the United States. This includes importers and entities that treat fuel system components to reduce permeability. Maximum test power means the power output observed with the maximum fueling rate possible at the maximum test speed. Maximum test speed means the speed specified by 40 CFR 1065.515. Model year means one of the following things: (1) For freshly manufactured vessels (see definition of `` new vessel, '' paragraph (1), of this section), model year means one of the following: (i) Calendar year. (ii) Your annual new model production period if it is different than the calendar year. This must include January 1 of the calendar year for which the model year is named. It may not begin before January 2 of the previous calendar year and it must end by December 31 of the named calendar year. (2) For a vessel modified by an importer (not the original vessel manufacturer) who has a certificate of conformity for the imported vessel (see definition of `` new vessel, '' paragraph (2), of this section), model year means one of the following: (i) The calendar year in which the importer finishes modifying and labeling the vessel. (ii) Your annual production period for producing vessels if it is different than the calendar year; follow the guidelines in paragraph (1)( ii) of this definition. (3) For a vessel you import that does not meet the criteria in paragraphs (1) or (2) of the definition of `` new vessel'' in this section, model year means the calendar year in which the manufacturer completed the original assembly of the vessel. In general, this applies to used vessels that you import without conversion or major modification. New vessel means any of the following things: (1) A freshly manufactured vessel for which the ultimate buyer has never received the equitable or legal title. The vessel is no longer new when the ultimate buyer receives this title or the product is placed into service, whichever comes first. (2) An imported vessel covered by a certificate of conformity issued under this part, where someone other than the original manufacturer modifies the vessel after its initial assembly and holds the certificate. The vessel is no longer new when it is placed into service. (3) An imported nonroad vessel that is not covered by a certificate of conformity issued under this part at the time of importation. Noncompliant vessel means a vessel, engine, or fuel system that was originally covered by a certificate of conformity, but is not in the certified configuration or otherwise does not comply with the conditions of the certificate. Nonconforming vessel means a vessel, engine, or fuel system not covered by a certificate of conformity that would otherwise be subject to emission standards. Nonroad means relating to nonroad engines or nonroad vehicles. Nonroad engine has the meaning given in § 1068.025 of this chapter. Oxides of nitrogen means nitric oxide (NO) and nitrogen dioxide (NO2). Oxides of nitrogen are expressed quantitatively as if the NO were in the form of NO2 (assume a molecular weight for oxides of nitrogen equivalent to that of NO2). Physically adjustable range means the entire range over which a vessel parameter can be adjusted, except as modified by § 1045.115( c). Placed into service means used for its intended purpose. Portable fuel tank means a fuel tank that has a permanently affixed handle, has a fuel capacity no greater than 12 gallons, and is not permanently mounted to a marine vessel. Propulsion marine engine means a marine engine that moves a vessel through the water or directs the vessel's movement. Revoke means to discontinue the certificate for an emission family. If we revoke a certificate, you must apply for a new certificate before continuing to produce the affected vessels. This does not apply to vessels you no longer possess. Round means to round numbers according to ASTM E29Ð 93a, which is incorporated by reference (see § 1045.810), unless otherwise specified. Scheduled maintenance means adjusting, repairing, removing, disassembling, cleaning, or replacing components or systems that is periodically needed to keep a part from failing or malfunctioning. It also may mean actions you expect are necessary to correct an overt indication of failure or malfunction for which periodic maintenance is not appropriate.

VerDate Aug< 2,> 2002 18: 43 Aug 13, 2002 Jkt 197001 PO 00000 Frm 00065 Fmt 4701 Sfmt 4702 E:\ FR\ FM\ 14AUP2. SGM pfrm17 PsN: 14AUP2 53114 Federal Register / Vol. 67, No. 157 / Wednesday, August 14, 2002 / Proposed Rules Spark ignition means relating to a type of engine with a spark plug (or other sparking device) and with operating characteristics significantly similar to the theoretical Otto combustion cycle. Spark ignition engines usually use a throttle to regulate intake air flow to control power during normal operation. Spark ignition marine vessel means marine vessel that is powered by a spark ignition engine. Stoichiometry means the proportion of a mixture of air and fuel such that the fuel is fully oxidized with no remaining oxygen. For example, stoichiometric combustion in gasoline vessels typically occurs at an air fuel mass ratio of about 14.7. Suspend means to temporarily discontinue the certificate for an emission family. If we suspend a certificate, you may not sell vessels from that emission family unless we reinstate the certificate or approve a new one. Test sample means the collection of vessels selected from the population of an emission family for emission testing. Test vessel means a vessel, engine, or fuel system in a test sample. Total Hydrocarbon Equivalent means the sum of the carbon mass contributions of non oxygenated hydrocarbons, alcohols and aldehydes, or other organic compounds that are measured separately as contained in a gas sample, expressed as petroleumfueled vessel hydrocarbons. The hydrogen to carbon ratio of the equivalent hydrocarbon is 1.85: 1. Ultimate buyer means ultimate purchaser. Ultimate purchaser means, with respect to any new nonroad equipment or new nonroad vessel, the first person who in good faith purchases such new nonroad equipment or new nonroad vessel for purposes other than resale. United States means the States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, American Samoa, the U. S. Virgin Islands, and the Trust Territory of the Pacific Islands. U. S. directed production volume means the number of vessel units, subject to the requirements of this part, produced by a manufacturer for which the manufacturer has a reasonable assurance that sale was or will be made to ultimate buyers in the Unites States. Useful life means the period during which the vessel or engine is designed to properly function in terms of reliability and fuel consumption, without being remanufactured, specified as a number of hours of operation or calendar years. It is the period during which a new vessel or new engine is required to comply with all applicable emission standards. Vessel means marine vessel as defined in the General Provisions of the United States Code, 1 U. S. C. 3. Void means to invalidate a certificate or an exemption. If we void a certificate, all the vessels produced under that emission family for that model year are considered noncompliant, and you are liable for each vessel produced under the certificate and may face civil or criminal penalties or both. If we void an exemption, all the vessels produced under that exemption are considered uncertified (or nonconforming), and you are liable for each vessel produced under the exemption and may face civil or criminal penalties or both. You may not produce any additional vessels using the voided exemption. Volatile liquid fuel means any fuel other than diesel or biodiesel that is a liquid at atmospheric pressure.

§ 1045.805 What symbols, acronyms, and abbreviations does this part use? The following symbols, acronyms, and abbreviations apply to this part: ° C degrees Celsius. ASTM American Society for Testing and Materials. ATV all terrain vessel. cc cubic centimeters. CO carbon monoxide. CO2 carbon dioxide. EPA Environmental Protection Agency. FEL Family emission limit. g/ kW hr grams per kilowatt hour. LPG liquefied petroleum gas. m meters. mm Hg millimeters of mercury. NMHC nonmethane hydrocarbon. NMHCE nonmethane hydrocarbon equivalent. NOX oxides of nitrogen (NO and NO2). psig pounds per square inch of gauge pressure. rpm revolutions per minute. SAE Society of Automotive Engineers SHED Sealed Housing for Evaporative Determination. SI spark ignition. THC total hydrocarbon. THCE total hydrocarbon equivalent U. S. United States U. S. C. United States Code.

§ 1045.810 What materials does this part reference? We have incorporated by reference the documents listed in this section. The Director of the Federal Register approved the incorporation by reference as prescribed in 5 U. S. C. 552( a) and 1 CFR part 51. Anyone may inspect copies at U. S. EPA, OAR, Air and Radiation Docket and Information Center, 401 M Street, SW., Washington, DC 20460; or Office of the Federal Register, 800 N. Capitol St., NW., 7th Floor, Suite 700, Washington, DC. (a) ASTM material. Table 1 of § 1045.810 lists material from the American Society for Testing and Materials that we have incorporated by reference. The first column lists the number and name of the material. The second column lists the sections of this part where we reference it. The second column is for information only and may not include all locations. Anyone may receive copies of these materials from American Society for Testing and Materials, 1916 Race St., Philadelphia, PA 19103. Table 1 follows:

TABLE 1 OF § 1045.810.— ASTM MATERIALS Document number and name Part 1045 reference ASTM E29– 93a, Standard Practice for Using Significant Digits in Test Data to Determine Conformance with Specifications. 1045.240, 1045.315, 1045.345, 1045.410, 1045.415.

(b) ISO material. [Reserved] (c) SAE material. [Reserved]

§ 1045.815 How should I request EPA to keep my information confidential?

(a) Clearly show what you consider confidential by marking, circling, bracketing, stamping, or some other method. We will store your confidential information as described in 40 CFR part 2. Also, we will disclose it only as specified in 40 CFR part 2. (b) If you send us a second copy without the confidential information, we will assume it contains nothing confidential whenever we need to release information from it. (c) If you send us information without claiming it is confidential, we may make it available to the public without further notice to you, as described in 40 CFR 2.204.

§ 1045.820 How do I request a public hearing?

(a) File a request for a hearing with the Designated Officer within 15 days of a decision to deny, suspend, revoke, or void your certificate. If you ask later, we may give you a hearing for good cause, but we do not have to. (b) Include the following in your request for a public hearing: (1) State which emission family is involved.

VerDate Aug< 2,> 2002 18: 43 Aug 13, 2002 Jkt 197001 PO 00000 Frm 00066 Fmt 4701 Sfmt 4702 E:\ FR\ FM\ 14AUP2. SGM pfrm17 PsN: 14AUP2 53115 Federal Register / Vol. 67, No. 157 / Wednesday, August 14, 2002 / Proposed Rules (2) State the issues you intend to raise. We may limit these issues, as described elsewhere in this part. (3) Summarize the evidence supporting your position and state why you believe this evidence justifies granting or reinstating the certificate. (c) We will hold the hearing as described in 40 CFR part 1068, subpart F.

PART 1051— CONTROL OF EMISSIONS FROM RECREATIONAL ENGINES AND VEHICLES 17. The authority citation for part 1051 as proposed at 66 FR 51219 continues to read as follows:

Authority: 42 U. S. C. 7401Ð 7671( q).

Subpart A—[ Amended]

18. Section 1051.1 as proposed at 66 FR 51220 is amended by adding a new paragraph (e) to read as follows: § 1051.1 Does this part apply to me?

* * * * * (e) This part also applies to engines under 50 cc used in highway motorcycles if the manufacturer uses the provisions of 40 CFR 86.447Ð 2006 to meet the emission standards in this part instead of the requirements of 40 CFR part 86. Compliance with the provisions of this part is a required condition of that exemption.

PART 1068— GENERAL COMPLIANCE PROVISIONS FOR NONROAD PROGRAMS 19. The authority citation for part 1068 as proposed at 66 FR 51252 continues to read as follows:

Authority: 42 U. S. C. 7401Ð 7671( q). Subpart A—[ Amended]

20. Section 1068.1 as proposed at 66 FR 51253 is amended by revising paragraph (a) to read as follows:

§ 1068.1 Does this part apply to me?

(a) The provisions of this part apply to everyone with respect to the following engines or to equipment using the following engines: (1) Marine vessels powered by sparkignition engines we regulate under 40 CFR 1045. (2) Large nonroad spark ignition engines we regulate under 40 CFR part 1048. (3) Snowmobiles, all terrain vehicles, and off highway motorcycles we regulate under 40 CFR part 1051. * * * * * [FR Doc. 02Ð 19437 Filed 8Ð 13Ð 02; 8: 45 am]

BILLING CODE 6560– 50– P VerDate Aug< 2,> 2002 18: 43 Aug 13, 2002 Jkt 197001 PO 00000 Frm 00067 Fmt 4701 Sfmt 4702 E:\ FR\ FM\ 14AUP2. SGM pfrm17 PsN: 14AUP2


[Federal Register Volume 81, Number 112 (Friday, June 10, 2016)]
[Notices]
[Pages 37605-37606]
[FR Doc No: 2016-13789]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2016-D-1248]

Oncology Drugs for Companion Animals; Draft Guidance for
Industry; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
the availability of a draft guidance for industry (GFI) #237 entitled
``Oncology Drugs for Companion Animals.'' The guidance provides
recommendations for sponsors of investigational oncology drugs for use
in companion animals (e.g., dogs, cats, and horses), discusses the
contents of a new animal drug application (NADA) for certain oncology
drugs, and provides recommendations on how to address human user safety
concerns.

DATES: Although you can comment on any guidance at any time (see 21 CFR
10.115(g)(5)), to ensure that the Agency considers your comment on this
draft guidance before it begins work on the final version of the
guidance, submit either electronic or written comments on the draft
guidance by August 9, 2016.

ADDRESSES: You may submit comments as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to http://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 http://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): Division of Dockets Management (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Division of
Dockets Management, 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-2016-D-1248 for ``Oncology Drugs for Companion Animals.'' Received
comments will be placed in the docket and, except for those submitted
as ``Confidential Submissions,'' publicly viewable at http://www.regulations.gov or at the Division of Dockets Management between 9
a.m. and 4 p.m., Monday through Friday.
     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 http://www.regulations.gov.
Submit both copies to the Division of Dockets Management. 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 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: http://www.fda.gov/regulatoryinformation/dockets/default.htm.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to http://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 Division of Dockets Management, 5630 Fishers
Lane, Rm. 1061, Rockville, MD 20852.
    Submit written requests for single copies of the guidance to the
Policy and Regulations Staff (HFV-6), Center for Veterinary Medicine,
Food and Drug Administration, 7519 Standish Pl., Rockville, MD 20855.
Send one self-addressed adhesive label to assist that office in
processing your requests. See the SUPPLEMENTARY INFORMATION section for
electronic access to the draft guidance document.

FOR FURTHER INFORMATION CONTACT: Christopher Loss, Center for
Veterinary Medicine (HFV-116), Food and Drug Administration, 7500
Standish Pl., Rm. N310, Rockville, MD 20855,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a draft guidance for industry
#237 entitled ``Oncology Drugs for Companion Animals.'' This guidance
document makes recommendations to sponsors of investigational oncology
drugs for use in companion animals (e.g., dogs, cats, and horses). The
guidance discusses the contents of the target animal safety,
effectiveness, and labeling technical sections of an NADA for oncology
drugs administered as single agents. The guidance also includes
recommendations on how to address human user safety concerns.
    In the guidance, FDA recommends that sponsors of multi-drug
regimens contact the Center for Veterinary Medicine (CVM) to discuss a
product development plan. While sponsors may choose alternate pathways
for approval, the Agency is recommending that sponsors first discuss
their proposed study plans with CVM, especially if they choose to use
an alternative pathway for approval. The Agency encourages sponsors to
schedule a presubmission conference with CVM as they begin to make
their investigational plans to ensure that they are completely informed
on the requirements contained in the statute and regulations.

II. Significance of Guidance

    This level 1 draft guidance is being issued consistent with FDA's
good guidance practices regulation (21 CFR 10.115). The draft guidance,
when finalized, will represent the current thinking of FDA on oncology
drugs for companion animals. It does not establish any rights for any
person and is not binding on FDA or the public. You can use an
alternative approach if it satisfies the requirements of the applicable
statutes and regulations.

III. Electronic Access

    Persons with access to the Internet may obtain the draft guidance
at either http://www.fda.gov/AnimalVeterinary/GuidanceComplianceEnforcement/GuidanceforIndustry/default.htm or http://www.regulations.gov.

    Dated: June 7, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-13789 Filed 6-9-16; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register: February 7, 2007 (Volume 72, Number 25)]
[Notices]
[Page 5698-5699]
[DOCID:fr07fe07-76]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2149-131]

Public Utility District No. 1 of Douglas County, WA; Notice of
Intent To File License Application, Filing of Pre-Application Document,
Commencement of Licensing Proceeding, Scoping, Solicitation of Comments
on the Pad and Scoping Document, and Identification Issues and
Associated Study Requests

January 29, 2007.
    a. Type of Filing: Notice of Intent to File License Application for
a New License and Commencing Licensing Proceeding.
    b. Project No.: 2149-131.
    c. Dated Filed: December 1, 2006.
    d. Submitted By: Public Utility District No. 1 of Douglas County,
Washington (Douglas County PUD).
    e. Name of Project: Wells Hydroelectric Project.
    f. Location: The project is located on the Columbia River near the
towns of Pateros and Brewster in Okanogan County, Washington. There are
232.7 acres of federal lands located within the project boundary that
are administered by the Bureau of Land Management, U.S. Army Corps of
Engineers, or the Bureau of Reclamation.
    g. Filed Pursuant to: 18 CFR Part 5 of the Commission's
Regulations.
    h. Potential Applicant Contact: William C. Dobbins, Manager,
Douglas County PUD, 1151 Valley Mall Parkway, East Wenatchee, WA 98802.
    i. FERC Contact: Bob Easton at<PHONE_NUMBER> or e-mail at
<EMAIL_ADDRESS>
    j. We are asking Federal, State, local, and tribal agencies with
jurisdiction and/or special expertise with respect to environmental
issues to cooperate with us in the preparation of the environmental
document. Agencies who would like to request cooperating status should
follow the instructions for filing comments described in paragraph o
below. Cooperating agencies should note the Commission's policy that
agencies that cooperate in the preparation of the environmental
document cannot also intervene. See, 94 FERC 61,076 (2001).
    k. With this notice, we are initiating informal consultation with:
(a) The U.S. Fish and Wildlife Service and/or NOAA Fisheries under
section 7 of the Endangered Species Act and the joint agency
regulations thereunder at 50 CFR, Part 402 and (b) the State Historic
Preservation Officer, as required by

section 106, National Historical Preservation Act, and the implementing
regulations of the Advisory Council on Historic Preservation at 36 CFR
800.2.
    l. With this notice, we are designating Douglas County PUD as the
Commission's non-federal representative for carrying out informal
consultation, pursuant to section 7 of the Endangered Species Act and
section 106 of the National Historic Preservation Act.
    m. Douglas County PUD filed a Pre-Application Document (PAD;
including a proposed process plan and schedule) with the Commission,
pursuant to 18 CFR 5.6 of the Commission's regulations.
    n. A copy of the PAD is available for review at the Commission in
the Public Reference Room or may be viewed on the Commission's Web site
(http://www.ferc.gov), using the ``eLibrary'' link. Enter the docket

number, excluding the last three digits in the docket number field to
access the document. For assistance, contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at 1-866-208-3676, of for TTY,

(202) 502-8659. A copy is also available for inspection and
reproduction at the address in paragraph h.
    Register online at http://ferc.gov/esubscribenow.htm to be notified

via e-mail of new filing and issuances related to this or other pending
projects. For assistance, contact FERC Online Support.
    o. With this notice, we are soliciting comments on the PAD and
Scoping Document 1 (SD1), as well as study requests. All comments on
the PAD and SD1, and study requests should be sent to the address above
in paragraph h. In addition, all comments on the PAD and SD1, study
requests, requests for cooperating agency status, and all
communications to and from Commission staff related to the merits of
the potential application (original and eight copies) must be filed
with the Commission at the following address: Magalie R. Salas,
Secretary, Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426. All filings with the Commission must include on
the first page, the project name (Wells Hydroelectric Project) and
number (P-2149-131), and bear the heading ``Comments on Pre-Application
Document,'' ``Study Requests,'' ``Comments on Scoping Document 1,''
``Request for Cooperating Agency Status,'' or ``Communications to and
from Commission Staff.'' Any individual or entity interested in
submitting study requests, commenting on the PAD or SD1, and any agency
requesting cooperating status must do so by April 2, 2007.
    Comments on the PAD and SD1, study requests, requests for
cooperating agency status, and other permissible forms of
communications with the Commission may be filed electronically via the
Internet in lieu of paper. The Commission strongly encourages
electronic filings. See 18 CFR 385.2001(a)(1)(iii) and the instructions
on the Commission's Web site (http://www.ferc.gov) under the ``e-

filing'' link.
    p. Although our current intent is to prepare an environmental
assessment (EA), there is the possibility that an Environmental Impact
Statement (EIS) will be required. Nevertheless, this meeting will
satisfy the NEPA scoping requirements, irrespective of whether an EA or
EIS is issued by the Commission.

Scoping Meetings

    Commission staff will hold two scoping meetings in the vicinity of
the project at the time and place noted below. The daytime meeting will
focus on resource agency, Indian tribes, and non-governmental
organization concerns, while the evening meeting is primarily for
receiving input from the public. We invite all interested individuals,
organizations, and agencies to attend one or both of the meetings, and
to assist staff in identifying particular study needs, as well as the
scope of environmental issues to be addressed in the environmental
document. The times and locations of these meetings are as follows:
    Daytime Scoping Meeting:
    Date: Wednesday, February 28, 2007.
    Time: 9 a.m.
    Location: Douglas County PUD Auditorium, 1151 Valley Mall Parkway,
East Wenatchee, Washington.
    Evening Scoping Meeting:
    Date: Wednesday, February 28, 2007.
    Time: 7 p.m.
    Location: Columbia Cove Community Center, 601 West Cliff Avenue,
Brewster, Washington.
    SD1, which outlines the subject areas to be addressed in the
environmental document, was mailed to the individuals and entities on
the Commission's mailing list. Copies of SD1 will be available at the
scoping meetings, or may be viewed on the Web at http://www.ferc.gov,

using the ``eLibrary'' link. Follow the directions for accessing
information in paragraph n. Based on all oral and written comments, a
Scoping Document 2 (SD2) may be issued. SD2 may include a revised
process plan and schedule, as well as a list of issues, identified
through the scoping process.

Site Visit

    The potential applicant and Commission staff will conduct a site
visit of the project on Tuesday, February 27, 2007, starting at 9 a.m.
All participants should meet at the Wells Dam Visitors Center off of
U.S. Highway 97. All participants are responsible for their own
transportation. Anyone with questions about the site visit should
contact Ms. Mary Mayo of Douglas County PUD at<PHONE_NUMBER> on or
before February 21, 2007.

Meeting Objectives

    At the scoping meetings, staff will: (1) Initiate scoping of the
issues; (2) review and discuss existing conditions and resource
management objectives; (3) review and discuss existing information and
identify preliminary information and study needs; (4) review and
discuss the process plan and schedule for pre-filing activity that
incorporates the time frames provided for in Part 5 of the Commission's
regulations and, to the extent possible, maximizes coordination of
Federal, State, and tribal permitting and certification processes; and
(5) discuss the appropriateness of any federal or state agency or
Indian tribe acting as a cooperating agency for development of an
environmental document.
    Meeting participants should come prepared to discuss their issues
and/or concerns. Please review the PAD in preparation for the scoping
meetings. Directions on how to obtain a copy of the PAD and SD1 are
included in item n. of this document.

Meeting Procedures

    The meetings will be recorded by a stenographer and will become
part of the formal record of the Commission proceeding on the project.

Magalie R. Salas,
Secretary.
 [FR Doc. E7-1912 Filed 2-6-07; 8:45 am]

BILLING CODE 6717-01-P