[Federal Register Volume 73, Number 123 (Wednesday, June 25, 2008)]
[Proposed Rules]
[Pages 35991-35994]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-14414]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 1051

[EPA-HQ-OAR-2008-0124; FRL-8684-5]


Exhaust Emission Standards for 2012 and Later Model Year 
Snowmobiles

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: In a November 2002 final rule, we established the first U.S.

[[Page 35992]]

emission standards for new snowmobiles. Subsequent litigation regarding 
that final rule resulted in a court decision which requires us to: 
Remove the oxides of nitrogen (NOX) component from the Phase 
3 snowmobile standards set to take effect in 2012, and; clarify the 
evidence and analysis upon which the Phase 3 carbon monoxide (CO) and 
hydrocarbon (HC) standards were based. In accordance with the court 
decision, we are proposing to remove the NOX component from 
the Phase 3 emission standard calculation. We are deferring action on 
the 2012 CO and HC emission standards portion of the court's remand to 
a separate rulemaking action. In the ``Rules and Regulations'' section 
of this Federal Register, we are making this revision as a direct final 
rule without a prior proposed rule. If we receive no adverse comment, 
we will not take further action on this proposed rule.

DATES: Written comments must be received by July 25, 2008, unless a 
public hearing is requested. If a public hearing is requested no later 
than July 15, 2008, it will be held at a time and place to be published 
in the Federal Register and a new deadline for comments will be 
provided.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2008-0124, by mail to Environmental Protection Agency, Mail Code: 
6102T, 1200 Pennsylvania Ave., NW., Washington, DC, 20460. Please 
include two copies. Comments may also be submitted electronically or 
through hand delivery/courier, or a public hearing may be requested, by 
following the detailed instructions in the ADDRESSES section of the 
direct final rule located in the rules section of this Federal 
Register.

FOR FURTHER INFORMATION CONTACT: John Mueller, Assessment and Standards 
Division, Office of Transportation and Air Quality, 2000 Traverwood 
Drive, Ann Arbor, MI 48105; telephone number: (734) 214-4275; fax 
number: (734) 214-4050; e-mail address: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Why Is EPA Issuing This Proposed Rule?

    This document proposes to remove the NOX component from 
the Phase 3 snowmobile emission standard equation as required by the 
court decision in Bluewater Network v. EPA, 370 F. 3d 1 (D.C.Cir 2004). 
We have published a direct final rule making this revision in the 
``Rules and Regulations'' section of this Federal Register because we 
view this as a relatively noncontroversial action and anticipate no 
adverse comment. We have explained our reasons for this action in the 
preamble to the direct final rule.
    If we receive no adverse comment or a request for a public hearing, 
we will not take further action on this proposed rule. Otherwise, we 
will withdraw the direct final rule and it will not take effect. We 
would address all public comments in any subsequent final rule based on 
this proposed rule.
    We do not intend to institute a second comment period on this 
action. Any parties interested in commenting must do so at this time. 
For further information, please see the information provided in the 
ADDRESSES section of this document.

II. Does This Action Apply to Me?

    This action will affect companies that manufacture, sell, or import 
into the United States new snowmobiles and new spark-ignition engines 
for use in snowmobiles. This action may also affect companies and 
persons that rebuild or maintain these engines. Affected categories and 
entities include the following:

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                   Category                    NAICS code \a\                          Examples of potentially affected entities
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Industry.....................................          333618  Manufacturers of new nonroad spark-ignition engines.
Industry.....................................          336999  Snowmobile manufacturers.
Industry.....................................          811310  Engine repair and maintenance.
Industry.....................................          421110  Independent commercial importers of vehicles and parts.
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\a\ North American Industry Classification System (NAICS).

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated 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.

III. Summary of Rule

    This proposed rule would make a revision to the regulations to 
implement the following amendment:
     Remove the NOX component from the Phase 3 
snowmobile emission standard equation.
    For additional discussion of the proposed rule change, see the 
direct final rule EPA has published in the ``Rules and Regulations'' 
section of today's Federal Register. This proposal incorporates by 
reference all the reasoning, explanation, and regulatory text from the 
direct final rule. Furthermore, elsewhere in today's Federal Register, 
EPA is publishing an Advance Notice of Proposed Rulemaking which 
describes EPA's current thinking with regard to potential new 
requirements for C3 marine engines and identifies and discusses a 
number of important issues upon which EPA is seeking comment.

IV. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    This proposed rule is not a ``significant regulatory action'' under 
the terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and 
is therefore not subject to review under the Executive Order. This 
proposed rule merely removes the NOX component from the 
snowmobile Phase 3 emission standards equation, as directed by the 
court's ruling. There are no new costs associated with this proposed 
rule.

B. Paperwork Reduction Act

    This action does not impose any new information collection burden. 
This proposed rule merely removes the NOX component from the 
snowmobile Phase 3 emission standards equation, as directed by the 
court's ruling. However, the Office of Management and Budget (OMB) has 
previously approved the information collection requirements contained 
in the existing regulations [40 CFR part 1051] under the provisions of 
the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and has assigned 
OMB control number 2060-0388, EPA ICR number 1695. 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 Ave., NW., Washington, DC 
20460 or by calling (202) 566-1672.
    Burden means the total time, effort, or financial resources 
expended by persons

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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 proposed rule on 
small entities, a small entity is defined as: (1) A small business that 
meet the definition for business based on 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 today's proposed rule on 
small entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. In 
determining whether a rule has a significant economic impact on a 
substantial number of small entities, the impact of concern is any 
significant adverse economic impact on small entities, since the 
primary purpose of the regulatory flexibility analyses is to identify 
and address regulatory alternatives ``which minimize any significant 
economic impact of the rule on small entities.'' 5 U.S.C. 603 and 604. 
Thus, an agency may certify that a rule will not have a significant 
economic impact on a substantial number of small entities if the rule 
relieves regulatory burden, or otherwise has a positive economic effect 
on all of the small entities subject to the rule.
    This proposed rule merely removes the NOX component from 
the snowmobile Phase 3 emission standards equation, as directed by the 
court's ruling. We have therefore concluded that today's proposed rule 
will not affect regulatory burden for all affected small entities. 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

    This proposed rule contains no federal mandates for state, local, 
tribal governments, or the private sector as defined by the provisions 
of Title II of the UMRA. The proposed rule imposes no enforceable 
duties on any of these governmental entities. This proposed rule 
contains no regulatory requirements that would significantly or 
uniquely affect small governments. EPA has determined that this 
proposed 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 removes the NOX 
component from the snowmobile Phase 3 emission standards equation, as 
directed by the court's ruling. See the direct final rule EPA has 
published in the ``Rules and Regulations'' section of today's Federal 
Register for a more extensive discussion of UMRA policy.

E. Executive Order 13132: Federalism

    This proposed 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 proposed rule merely 
removes the NOX component from the snowmobile Phase 3 
emission standards equation, as directed by the court's ruling. See the 
direct final rule EPA has published in the ``Rules and Regulations'' 
section of today's Federal Register for a more extensive discussion of 
Executive Order 13132.

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

    This proposed 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 proposed 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 
proposed rule merely removes the NOX component from the 
snowmobile Phase 3 emission standards equation, as directed by the 
court's ruling. Thus, Executive Order 13175 does not apply to this 
rule. See the direct final rule EPA has published in the ``Rules and 
Regulations'' section of today's Federal Register for a more extensive 
discussion of Executive Order 13132.

G. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks

    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. See the direct final rule EPA has published in the ``Rules 
and Regulations'' section of today's Federal Register for a more 
extensive discussion of Executive Order 13045.

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

    This proposed 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 
proposed rule merely removes the NOX component from the 
snowmobile Phase 3 emission standards equation, as directed by the 
court's ruling.

I. National Technology Transfer and Advancement Act

    This proposed rule does not involve technical standards. Therefore, 
EPA is not considering the use of any voluntary consensus standards. 
This proposed rule merely removes the NOX

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component from the snowmobile Phase 3 emission standards equation, as 
directed by the court's ruling. Thus, we have determined that the 
requirements of the NTTAA do not apply. See the direct final rule EPA 
has published in the ``Rules and Regulations'' section of today's 
Federal Register for a more extensive discussion of NTTAA policy.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    EPA has determined that this proposed rule will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because it does not 
affect the level of protection provided to human health or the 
environment. See the direct final rule EPA has published in the ``Rules 
and Regulations'' section of today's Federal Register for a more 
extensive discussion of Executive Order 13045.

K. Statutory Authority

    The statutory authority for this action comes from section 213 of 
the Clean Air Act as amended (42 U.S.C. 7547). This action is a notice 
of proposed rulemaking subject to the provisions of Clean Air Act 
section 307(d). See 42 U.S.C. 7607(d).

List of Subjects in 40 CFR Part 1051

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Confidential business information, Imports, 
Penalties, Reporting and recordkeeping requirements, Warranties.

    Dated: June 19, 2008.
Stephen L. Johnson,
Administrator.
 [FR Doc. E8-14414 Filed 6-24-08; 8:45 am]
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