[Federal Register Volume 71, Number 83 (Monday, May 1, 2006)]
[Proposed Rules]
[Pages 25727-25731]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3929]



  Federal Register / Vol. 71, No. 83 / Monday, May 1, 2006 / Proposed 
Rules  

[[Page 25727]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 80

[EPA-HQ-OAR-2006-0224; FRL-8161-8]
RIN 2060-AN78


Technical Amendments to the Highway and Nonroad Diesel 
Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to correct, amend, and revise certain 
provisions of the Highway Diesel Rule, and the Nonroad Diesel Rule. 
This action proposes to correct additional errors and omissions from 
the previous rules, and make minor changes to the regulations to assist 
entities with regulatory compliance. Further, this action also proposes 
technical amendments resulting from discussions with various diesel 
stakeholders. These technical amendments would: provide a temporary 
increase in the sulfur testing tolerance, revise the designate and 
track provisions to account for non-petroleum diesel fuels (i.e., 
biodiesel) and fuel that meets the California Air Resources Board's 
diesel fuel standards, and amend the alternative defense provisions to 
account for conductivity additives and red dye. This proposed action is 
intended to help facilitate compliance with the diesel fuel regulations 
and ensure a smooth transition to ultra low sulfur diesel fuel.

DATES: Comments must be received on or before May 31, 2006. If a 
hearing is requested, the request must be received by May 16, 2006. If 
we receive a request for a public hearing, we will publish information 
related to the timing and location of the hearing and the timing of a 
new deadline for public comments.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2006-0224 by one of the following methods:
     http://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     E-mail: [email protected].
     Fax: (734) 214-4816.
     Mail: Air Docket, Environmental Protection Agency, 
Mailcode: 6102T, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
     Hand Delivery: EPA Docket Center, (EPA/DC) EPA West, Room 
B102, 1301 Constitution Ave., NW., Washington, DC. 20004. Such 
deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2006-0224. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site 
is an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through http://www.regulations.gov your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses. For additional information about EPA's public 
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in http://www.regulations.gov or in hard copy at the EPA Docket Center 
(EPA/DC), Public Reading Room, Room B102, EPA West Building, 1301 
Constitution Avenue, NW., Washington, DC. The EPA Docket Center Public 
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through 
Friday, except on government holidays. You can reach the Air Docket by 
telephone at (202) 566-1742 and by facsimile at (202) 566-1741. You may 
be charged a reasonable fee for photocopying docket materials, as 
provided in 40 CFR part 2.

FOR FURTHER INFORMATION CONTACT: Tia Sutton, U.S. EPA, National Vehicle 
and Fuels Emission Laboratory, Assessment and Standards Division, 2000 
Traverwood Dr., Ann Arbor, MI 48105; telephone (734) 214-4018, fax 
(734) 214-4816, e-mail [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does This Action Apply to Me?

    This action will affect companies and persons that produce, import, 
distribute, or sell highway and/or nonroad diesel fuel. Affected 
Categories and entities include the following:

------------------------------------------------------------------------
                               NAICS    Examples of potentially affected
          Category             Code a               entities
------------------------------------------------------------------------
Industry...................     324110  Petroleum refiners.
Industry...................     422710  Diesel fuel marketers and
                                         distributors.
Industry...................     484220  Diesel fuel carriers.
------------------------------------------------------------------------
a North American Industry Classification System (NAICS).

    This list is not intended to be exhaustive, but rather provides a 
guide regarding entities likely to be affected by this action. To 
determine whether particular activities may be affected by this action, 
you should carefully examine the regulations. You may direct questions 
regarding the applicability of this action as noted in FOR FURTHER 
INFORMATION CONTACT.

B. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
http://www.regulations.gov or e-mail. Clearly mark the part or all of 
the information that you claim to be CBI. For CBI information in a disk 
or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM 
as CBI and then identify electronically within the disk or CD ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    2. Tips for Preparing Your Comments. When submitting comments, 
remember to:
     Identify the rulemaking by docket number and other 
identifying information (subject heading, Federal Register date and 
page number).

[[Page 25728]]

     Follow directions--The agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
     Explain why you agree or disagree; suggest alternatives 
and substitute language for your requested changes.
     Describe any assumptions and provide any technical 
information and/or data that you used.
     Provide specific examples to illustrate your concerns, and 
suggest alternatives.
     Explain your views as clearly as possible, avoiding the 
use of profanity or personal threats.
     Make sure to submit your comments by the comment period 
deadline identified.

C. How Can I Get Copies of This Document?

    See the direct final rule EPA has published in the ``Rules and 
Regulations'' section of this Federal Register for information about 
accessing these documents. The direct final rule also includes detailed 
instructions for sending comments to EPA.

II. Summary of Rule

    The Highway Diesel rule, published on January 18, 2001 (66 FR 
5002), is a comprehensive national program that will greatly reduce 
emissions from diesel engines by integrating engine and fuel controls 
as a system to gain the greatest air quality benefits. The Nonroad 
Diesel Rule was subsequently published on June 29, 2004 (69 FR 38958). 
The Nonroad Diesel Rule took a similar approach, covering nonroad 
diesel equipment and fuel to further the goal of decreasing harmful 
emissions. In 2005, we published two additional direct final 
rulemakings (70 FR 40889 was published on July 15, 2005 and 70 FR 70498 
was published on November 22, 2005) to make technical amendments to 
those rules. We have chosen to propose a third action to correct 
additional errors and omissions from the previous rules, as well as 
include amendments developed following discussions with stakeholders 
throughout the diesel fuel industry. These discussions resulted in the 
following changes that are being proposed today, such as: (1) Providing 
a temporary increase in the sulfur testing tolerance; (2) revising the 
designate and track provisions to account for non-petroleum diesel 
fuels (i.e., biodiesel) and fuel that meets the California Air 
Resources Board's diesel fuel standards; and, (3) amending the 
alternative defense provisions to account for conductivity additives 
and red dye. The proposed clarifications and corrections include: The 
allowance for early motor vehicle diesel credits to be traded across 
Credit Trading Areas, the assignment of Puerto Rico and the U.S. Virgin 
Islands to CTA 1, the allowance of shorter statements on product 
transfer documents (with EPA approval), the clarification that approved 
small refiners who have elected to use the ``gas-for-diesel'' small 
refiner option (Sec.  80.553 and Sec.  80.554) may designate 15 ppm 
diesel fuel as motor vehicle diesel fuel or nonroad, locomotive, and 
marine diesel fuel, and other minor corrections to help facilitate 
compliance with EPA's diesel fuel regulations.
    For further discussion on all of the proposed changes contained in 
this action, see the direct final rule EPA has published in the ``Rules 
and Regulations'' section of this Federal Register. This proposal 
incorporates by reference all of the reasoning, explanation, and 
regulatory text from the direct final rule.
    Because EPA views the provisions of the action as noncontroversial 
and does not expect adverse comment, we are publishing a direct final 
rule in the ``Rules and Regulations'' section of this Federal Register. 
However, we are publishing this notice of proposed rulemaking to serve 
as the proposal to adopt the provisions in the direct final rule if 
adverse comments are filed. If we receive adverse comment on one or 
more distinct amendment, paragraphs, or sections of the direct final 
rulemaking, or receive a request for a hearing within the time frame 
described above, we will publish a timely withdrawal of the proposed 
direct final rule in the Federal Register indicating which provisions 
will become effective and which provisions are being withdrawn due to 
adverse comment. We will address all public comments received in a 
subsequent final rule based on this proposed rule. We will not 
institute a second comment period on this action. Any parties 
interested in commenting must do so at this time. Any distinct 
amendment, paragraph, or section of the direct final rulemaking for 
which we do not receive adverse comment will become effective according 
to the DATES section in the direct final rule, notwithstanding any 
adverse comment on any other distinct amendment, paragraph, or section 
of the rule.

III. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866, (58 FR 51735 (October 4, 1993)) the 
Agency must determine whether the regulatory action is ``significant'' 
and therefore subject to OMB review and the requirements of the 
Executive Order. The Order defines ``significant regulatory action'' as 
one that is likely to result in a rule that may:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    It has been determined that this rule is not a ``significant 
regulatory action'' under the terms of Executive Order 12866 and is 
therefore not subject to OMB review. This action simply corrects errors 
and omissions, provides a temporary increase in the sulfur testing 
tolerance, revises the designate and track provisions to account for 
non-petroleum diesel fuels (i.e., biodiesel) and fuel that meets the 
California Air Resources Board's diesel fuel standards, and amends the 
alternative defense provisions to account for conductivity additives 
and red dye. There are no new costs associated with this rule. 
Therefore, this proposed rule is not subject to the requirements of 
Executive Order 12866. A Final Regulatory Support Document was prepared 
in connection with the original regulations for the Highway Diesel Rule 
and the Nonroad Diesel Rule as promulgated on January 18, 2001 and June 
29, 2004, respectively, and we have no reason to believe that our 
analyses in the original rulemakings were inadequate. The relevant 
analyses are available in the docket for the January 18, 2001 
rulemaking (A-99-061) and the June 29, 2004 rulemaking (OAR-2003-0012 
and A-2001-28) and at the following internet address: http://www.epa.gov/cleandiesel. The original action was submitted to the 
Office of Management

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and Budget for review under Executive Order 12866.

B. Paperwork Reduction Act

    This action does not impose any new information collection burden, 
as it simply corrects errors and omissions, provides a temporary 
increase in the sulfur testing tolerance, revises the designate and 
track provisions to account for non-petroleum diesel fuels (i.e., 
biodiesel) and fuel that meets the California Air Resources Board's 
diesel fuel standards, and amends the alternative defense provisions to 
account for conductivity additives and red dye. However, the Office of 
Management and Budget (OMB) has previously approved the information 
collection requirements contained in the existing regulations of the 
Highway Diesel Rule (66 FR 5002, January 18, 2001) and the Nonroad 
Diesel Rule (69 FR 38958, June 29, 2004) under the provisions of the 
Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and has assigned OMB 
control number 2060-0308 (EPA ICR 1718). A copy of the OMB 
approved Information Collection Request (ICR) may be obtained from 
Susan Auby, Collection Strategies Division; U.S. Environmental 
Protection Agency (2822T); 1200 Pennsylvania Avenue, NW., Washington, 
DC 20460 or by calling (202) 566-1672.
    Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, or disclose or 
provide information to or for a Federal agency. This includes the time 
needed to review instructions; develop, acquire, install, and utilize 
technology and systems for the purposes of collecting, validating, and 
verifying information, processing and maintaining information, and 
disclosing and providing information; adjust the existing ways to 
comply with any previously applicable instructions and requirements; 
train personnel to be able to respond to a collection of information; 
search data sources; complete and review the collection of information; 
and transmit or otherwise disclose the information.
    An agency may not conduct or sponsor, and a person is not required 
to respond to a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for EPA's 
regulations in 40 CFR are listed in 40 CFR part 9.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to prepare a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements under the Administrative 
Procedure Act or any other statute unless the agency certifies that the 
rule will not have a significant economic impact on a substantial 
number of small entities. Small entities include small businesses, 
small organizations, and small governmental jurisdictions.
    For purposes of assessing the impacts of this rule on small 
entities, a small entity is defined as: (1) A small business as defined 
by the Small Business Administration's (SBA) size standards at 13 CFR 
121.201; (2) a small governmental jurisdiction that is a government of 
a city, county, town, school district or special district with a 
population of less than 50,000; and (3) a small organization that is 
any not-for-profit enterprise which is independently owned and operated 
and is not dominant in its field.
    After considering the economic impacts of this proposed rule on 
small entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. This 
proposed rule would not impose any new requirements on small entities 
as it would merely correct errors and omissions, provide a temporary 
increase in the sulfur testing tolerance, revise the designate and 
track provisions to account for non-petroleum diesel fuels (i.e., 
biodiesel) and fuel that meets the California Air Resources Board's 
diesel fuel standards, and amend the alternative defense provisions to 
account for conductivity additives and red dye.
    We continue to be interested in the potential impacts of the 
proposed rule on small entities and welcome comments on issues related 
to such impacts.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Pub. 
L. 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, EPA 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' that 
may result in expenditures to State, local, and tribal governments, in 
the aggregate, or to the private sector, of $100 million or more in any 
one year. Before promulgating an EPA rule for which a written statement 
is needed, section 205 of the UMRA generally requires EPA to identify 
and consider a reasonable number of regulatory alternatives and adopt 
the least costly, most cost-effective, or least burdensome alternative 
that achieves the objectives of the rule. The provisions of section 205 
do not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows EPA to adopt an alternative other than the least 
costly, most cost-effective, or least burdensome alternative if the 
Administrator publishes with the final rule an explanation why that 
alternative was not adopted.
    Before EPA establishes any regulatory requirements that may 
significantly or uniquely affect small governments, including tribal 
governments, it must have developed under section 203 of the UMRA a 
small government agency plan. The plan must provide for notifying 
potentially affected small governments, enabling officials of affected 
small governments to have meaningful and timely input in the 
development of EPA regulatory proposals with significant Federal 
intergovernmental mandates, and informing, educating, and advising 
small governments on compliance with the regulatory requirements.
    This rule contains no Federal mandates (under the regulatory 
provisions of Title II of the UMRA) for State, local, or tribal 
governments or the private sector. The rule imposes no enforceable 
duties on any of these governmental entities. Nothing in the rule would 
significantly or uniquely affect small governments. EPA has determined 
that this rule contains no federal mandates that may result in 
expenditures of more than $100 million to the private sector in any 
single year. This proposed rule merely corrects errors and omissions, 
provides a temporary increase in the sulfur testing tolerance, revises 
the designate and track provisions to account for non-petroleum diesel 
fuels (i.e., biodiesel) and fuel that meets the California Air 
Resources Board's diesel fuel standards, and amends the alternative 
defense provisions to account for conductivity additives and red dye.
    Thus, this rule is not subject to the requirements of sections 202 
and 205 of the UMRA.

E. Executive Order 13132: Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999), requires EPA to develop an accountable process to ensure 
``meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications.'' 
``Policies that have federalism implications'' are defined in the 
Executive Order to include regulations that have ``substantial direct 
effects on the States, on the relationship between the national 
government and

[[Page 25730]]

the States, or on the distribution of power and responsibilities among 
the various levels of government.''
    Under Section 6 of Executive Order 13132, EPA may not issue a 
regulation that has federalism implications, imposes substantial direct 
compliance costs, and is not required by statute. However, if the 
Federal government provides the funds necessary to pay the direct 
compliance costs incurred by State and local governments, or EPA 
consults with State and local officials early in the process of 
developing the regulation, these restrictions do not apply. EPA also 
may not issue a regulation that has federalism implications and that 
preempts State law, unless the Agency consults with State and local 
officials early in the process of developing the regulation.
    Section 4 of the Executive Order contains additional requirements 
for rules that preempt State or local law, even if those rules do not 
have federalism implications (i.e., the rules will not have substantial 
direct effects on the States, on the relationship between the national 
government and the states, or on the distribution of power and 
responsibilities among the various levels of government). Those 
requirements include providing all affected State and local officials 
notice and an opportunity for appropriate participation in the 
development of the regulation. If the preemption is not based on 
express or implied statutory authority, EPA also must consult, to the 
extent practicable, with appropriate State and local officials 
regarding the conflict between State law and Federally protected 
interests within the agency's area of regulatory responsibility.
    This rule does not have federalism implications. It will not have 
substantial direct effects on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government, as 
specified in Executive Order 13132. This direct final rule simply 
corrects errors and omissions, provides a temporary increase in the 
sulfur testing tolerance, revises the designate and track provisions to 
account for non-petroleum diesel fuels (i.e., biodiesel) and fuel that 
meets the California Air Resources Board's diesel fuel standards, and 
amends the alternative defense provisions to account for conductivity 
additives and red dye. Although Section 6 of Executive Order 13132 did 
not apply to the Highway Diesel Rule (66 FR 5002) or the Nonroad Diesel 
Rule (69 FR 38958), EPA did consult with representatives of various 
State and local governments in developing these rules. For this direct 
final action, EPA consulted with representatives of the California Air 
Resources Board and the Western States Petroleum Association (WSPA) for 
the amendments made which will affect refiners and distributors in 
California.

F. Executive Order 13175 Consultation and Coordination With Indian 
Tribal Governments:

    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000), 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal implications.'' This direct final rule does 
not have tribal implications as specified in Executive Order 13175. 
This rule does not have tribal implications. It will not have 
substantial direct effects on tribal governments, on the relationship 
between the Federal government and Indian tribes, or on the 
distribution of power and responsibilities between the Federal 
government and Indian tribes, as specified in Executive Order 13175. 
This rule does not uniquely affect the communities of Indian Tribal 
Governments. Further, no circumstances specific to such communities 
exist that would cause an impact on these communities beyond those 
discussed in the other sections of this rule. This direct final rule 
merely corrects errors and omissions, provides a temporary increase in 
the sulfur testing tolerance, revises the designate and track 
provisions to account for non-petroleum diesel fuels (i.e., biodiesel) 
and fuel that meets the California Air Resources Board's diesel fuel 
standards, and amends the alternative defense provisions to account for 
conductivity additives and red dye. Thus, Executive Order 13175 does 
not apply to this rule.

G. Executive Order 13045: Children's Health Protection

    Executive Order 13045, ``Protection of Children from Environmental 
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997) applies 
to any rule that (1) is determined to be ``economically significant'' 
as defined under Executive Order 12866, and (2) concerns an 
environmental health or safety risk that EPA has reason to believe may 
have a disproportionate effect on children. If the regulatory action 
meets both criteria, the Agency must evaluate the environmental health 
or safety effects of the planned rule on children, and explain why the 
planned regulation is preferable to other potentially effective and 
reasonably feasible alternatives considered by the Agency.
    This proposed rule is not subject to the Executive Order because it 
is not economically significant, and does not involve decisions on 
environmental health or safety risks that may disproportionately affect 
children.

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

    This rule is not a ``significant energy action'' as defined in 
Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 
28355, May 22, 2001) because it is not likely to have a significant 
adverse effect on the supply, distribution or use of energy. This 
action simply proposes to correct errors and omissions, provide a 
temporary increase in the sulfur testing tolerance, revise the 
designate and track provisions to account for non-petroleum diesel 
fuels (i.e., biodiesel) and fuel that meets the California Air 
Resources Board's diesel fuel standards, and amend the alternative 
defense provisions to account for conductivity additives and red dye.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), Public Law 104-113, 12(d) (15 U.S.C. 272 note) 
directs EPA to use voluntary consensus standards in its regulatory 
activities unless to do so would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., materials specifications, test methods, sampling 
procedures, and business practices) that are developed or adopted by 
voluntary consensus standards bodies. The NTTAA directs EPA to provide 
Congress, through OMB, explanations when the Agency decides not to use 
available and applicable voluntary consensus standards.
    This proposed rulemaking does not involve technical standards. 
Therefore, EPA is not considering the use of any voluntary consensus 
standards. This action merely proposes to correct errors and omissions, 
provide a temporary increase in the sulfur testing tolerance, revise 
the designate and track provisions to account for non-petroleum diesel 
fuels (i.e., biodiesel) and fuel that meets the California Air 
Resources Board's diesel fuel standards, and amend the alternative 
defense provisions to account for conductivity

[[Page 25731]]

additives and red dye. Thus, we have determined that the requirements 
of the NTTAA do not apply.

IV. Statutory Provisions and Legal Requirements

    The statutory authority for this action comes from sections 211(c) 
and (i) of the Clean Air Act as amended 42 U.S.C. 7545(c) and (i). This 
action is a rulemaking subject to the provisions of Clean Air Act 
section 307(d). See 42 U.S.C. 7606(d)(1). Additional support for the 
procedural and enforcement related aspects of the rule comes from 
sections 144(a) and 301(a) of the Clean Air Act. 42 U.S.C. 7414(a) and 
7601(a).

List of Subjects in 40 CFR Part 80

    Fuel additives, Imports, Incorporation by reference, Labeling, 
Motor vehicle pollution, Penalties, Reporting and recordkeeping 
requirements.

    Dated: April 20, 2006.
Stephen L. Johnson,
Administrator.
[FR Doc. 06-3929 Filed 4-28-06; 8:45 am]
BILLING CODE 6560-50-P