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    <VOL>91</VOL>
    <NO>133</NO>
    <DATE>Tuesday, July 14, 2026</DATE>
    <UNITNAME>Contents</UNITNAME>
    <CNTNTS>
        <AGCY>
            <EAR>
                Agriculture
                <PRTPAGE P="iii"/>
            </EAR>
            <HD>Agriculture Department</HD>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Animal and Plant Health Inspection Service</P>
            </SEE>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Food and Nutrition Administration</P>
            </SEE>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Foreign Agricultural Service</P>
            </SEE>
        </AGCY>
        <AGCY>
            <EAR>Animal</EAR>
            <HD>Animal and Plant Health Inspection Service</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Agency Information Collection Activities; Proposals, Submissions, and Approvals:</SJ>
                <SJDENT>
                    <SJDOC>Importation of Live Swine (from Certain Regions), Pork, and Pork Products, </SJDOC>
                    <PGS>43077-43078</PGS>
                    <FRDOCBP>2026-14122</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>National Animal Health Reporting System and Handling Swine with Potential Vesicular Disease, </SJDOC>
                    <PGS>43078-43079</PGS>
                    <FRDOCBP>2026-14121</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Centers Medicare</EAR>
            <HD>Centers for Medicare &amp; Medicaid Services</HD>
            <CAT>
                <HD>NOTICES</HD>
                <DOCENT>
                    <DOC>Agency Information Collection Activities; Proposals, Submissions, and Approvals, </DOC>
                    <PGS>43093-43095</PGS>
                    <FRDOCBP>2026-14087</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Children</EAR>
            <HD>Children and Families Administration</HD>
            <CAT>
                <HD>RULES</HD>
                <DOCENT>
                    <DOC>Designated Placement Requirements under Titles IV-E and IV-B for LGBTQI+ Children; Rescission, </DOC>
                    <PGS>43045-43048</PGS>
                    <FRDOCBP>2026-14131</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Civil Rights</EAR>
            <HD>Civil Rights Commission</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Hearings, Meetings, Proceedings, etc.:</SJ>
                <SJDENT>
                    <SJDOC>Georgia Advisory Committee, </SJDOC>
                    <PGS>43081</PGS>
                    <FRDOCBP>2026-14141</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Michigan Advisory Committee, </SJDOC>
                    <PGS>43080-43081</PGS>
                    <FRDOCBP>2026-14144</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Montana Advisory Committee;  Cancellation, </SJDOC>
                    <PGS>43080</PGS>
                    <FRDOCBP>2026-14085</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Virginia Advisory Committee, </SJDOC>
                    <PGS>43081-43082</PGS>
                    <FRDOCBP>2026-14143</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Coast Guard</EAR>
            <HD>Coast Guard</HD>
            <CAT>
                <HD>RULES</HD>
                <SJ>Safety Zone:</SJ>
                <SJDENT>
                    <SJDOC>Charleston Harbor, Charleston, SC, </SJDOC>
                    <PGS>43041-43042</PGS>
                    <FRDOCBP>2026-14127</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Dyes Inlet, Silverdale, WA, </SJDOC>
                    <PGS>43039-43040</PGS>
                    <FRDOCBP>2026-14113</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Commerce</EAR>
            <HD>Commerce Department</HD>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Industry and Security Bureau</P>
            </SEE>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>International Trade Administration</P>
            </SEE>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>National Oceanic and Atmospheric Administration</P>
            </SEE>
        </AGCY>
        <AGCY>
            <EAR>Committee Implementation</EAR>
            <HD>Committee for the Implementation of Textile Agreements</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Determination:</SJ>
                <SJDENT>
                    <SJDOC>Textile and Apparel Commercial Availability Provision of the Dominican Republic-Central America-United States Free Trade Agreement, </SJDOC>
                    <PGS>43088-43089</PGS>
                    <FRDOCBP>2026-14111</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Defense Department</EAR>
            <HD>Defense Department</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Licenses; Exemptions, Applications, Amendments, etc.:</SJ>
                <SJDENT>
                    <SJDOC>Spyris Holdings Inc., </SJDOC>
                    <PGS>43089</PGS>
                    <FRDOCBP>2026-14094</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Drug</EAR>
            <HD>Drug Enforcement Administration</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Decision and Order:</SJ>
                <SJDENT>
                    <SJDOC>Barlow St-Clair Lynch, MD, </SJDOC>
                    <PGS>43110-43111</PGS>
                    <FRDOCBP>2026-14136</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>David Enright, MD, </SJDOC>
                    <PGS>43111-43112</PGS>
                    <FRDOCBP>2026-14135</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Shane Lydon, MD, </SJDOC>
                    <PGS>43112-43114</PGS>
                    <FRDOCBP>2026-14137</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Education Department</EAR>
            <HD>Education Department</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Agency Information Collection Activities; Proposals, Submissions, and Approvals:</SJ>
                <SJDENT>
                    <SJDOC>Campus Safety and Security Survey, </SJDOC>
                    <PGS>43090</PGS>
                    <FRDOCBP>2026-14153</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>eZ-Audit: Electronic Submission of Financial Statements and Compliance Audits, </SJDOC>
                    <PGS>43089-43090</PGS>
                    <FRDOCBP>2026-14159</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Energy Department</EAR>
            <HD>Energy Department</HD>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Federal Energy Regulatory Commission</P>
            </SEE>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Change in Control:</SJ>
                <SJDENT>
                    <SJDOC>Commonwealth LNG, LLC, </SJDOC>
                    <PGS>43091-43092</PGS>
                    <FRDOCBP>2026-14124</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Environmental Protection</EAR>
            <HD>Environmental Protection Agency</HD>
            <CAT>
                <HD>RULES</HD>
                <SJ>Pesticide Tolerance; Exemptions, Petitions, Revocations, etc.:</SJ>
                <SJDENT>
                    <SJDOC>Bacteriophage Active Against Xanthomonas campestris pv. vesicatoria_EcoPhage and Bacteriophage Active Against Pseudomonas syringae pv. tomato_EcoPhage, </SJDOC>
                    <PGS>43042-43045</PGS>
                    <FRDOCBP>2026-14114</FRDOCBP>
                </SJDENT>
            </CAT>
            <CAT>
                <HD>PROPOSED RULES</HD>
                <DOCENT>
                    <DOC>Amendments and Nonconformance Penalties for Model Year 2027 and Later Heavy-Duty Highway Engines and Amendments to Inducement Provisions for SCR-Equipped Diesel Engines, </DOC>
                    <PGS>43154-43297</PGS>
                    <FRDOCBP>2026-14112</FRDOCBP>
                </DOCENT>
                <SJ>Approval of State Coal Combustion Residuals Permit Program:</SJ>
                <SJDENT>
                    <SJDOC>Alabama, </SJDOC>
                    <PGS>43054-43066</PGS>
                    <FRDOCBP>2026-14118</FRDOCBP>
                </SJDENT>
                <SJ>Hazardous and Solid Waste Management System:</SJ>
                <SJDENT>
                    <SJDOC>Disposal of Coal Combustion Residuals from Electric Utilities; Federal CCR Permit Program; General Permit Provisions, </SJDOC>
                    <PGS>43051-43054</PGS>
                    <FRDOCBP>2026-14115</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Federal Aviation</EAR>
            <HD>Federal Aviation Administration</HD>
            <CAT>
                <HD>RULES</HD>
                <SJ>Airworthiness Directives:</SJ>
                <SJDENT>
                    <SJDOC>Bombardier, Inc., Airplanes, </SJDOC>
                    <PGS>43025-43032</PGS>
                    <FRDOCBP>2026-14110</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Textron Aviation Inc. Airplanes, </SJDOC>
                    <PGS>43033-43034</PGS>
                    <FRDOCBP>2026-14109</FRDOCBP>
                </SJDENT>
            </CAT>
            <CAT>
                <HD>PROPOSED RULES</HD>
                <SJ>Airworthiness Directives:</SJ>
                <SJDENT>
                    <SJDOC>Leonardo S.p.a Helicopters, </SJDOC>
                    <PGS>43049-43051</PGS>
                    <FRDOCBP>2026-14108</FRDOCBP>
                </SJDENT>
            </CAT>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Environmental Assessments; Availability, etc.:</SJ>
                <SJDENT>
                    <SJDOC>SpaceX Starship Reentry Contingency Operations in the Pacific Ocean and Additional Starship Landing Trajectory, </SJDOC>
                    <PGS>43144</PGS>
                    <FRDOCBP>2026-14148</FRDOCBP>
                </SJDENT>
                <DOCENT>
                    <DOC>Operating Limitations at Chicago O'Hare International Airport, </DOC>
                    <PGS>43144</PGS>
                    <FRDOCBP>2026-14147</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Federal Communications</EAR>
            <HD>Federal Communications Commission</HD>
            <CAT>
                <HD>PROPOSED RULES</HD>
                <SJ>Radio Broadcasting Services:</SJ>
                <SJDENT>
                    <SJDOC>Whitehall, MI, </SJDOC>
                    <PGS>43066-43067</PGS>
                    <FRDOCBP>2026-14134</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Federal Energy</EAR>
            <HD>Federal Energy Regulatory Commission</HD>
            <CAT>
                <HD>NOTICES</HD>
                <DOCENT>
                    <DOC>Combined Filings, </DOC>
                    <PGS>43093</PGS>
                    <FRDOCBP>2026-14126</FRDOCBP>
                </DOCENT>
                <DOCENT>
                    <DOC>Meetings; Sunshine Act, </DOC>
                    <PGS>43092-43093</PGS>
                    <FRDOCBP>2026-14125</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>
                Federal Railroad
                <PRTPAGE P="iv"/>
            </EAR>
            <HD>Federal Railroad Administration</HD>
            <CAT>
                <HD>PROPOSED RULES</HD>
                <DOCENT>
                    <DOC>Certification of Dispatchers, </DOC>
                    <PGS>43068-43069</PGS>
                    <FRDOCBP>2026-14160</FRDOCBP>
                </DOCENT>
                <DOCENT>
                    <DOC>Certification of Signal Employees, </DOC>
                    <PGS>43069</PGS>
                    <FRDOCBP>2026-14161</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Fish</EAR>
            <HD>Fish and Wildlife Service</HD>
            <CAT>
                <HD>RULES</HD>
                <DOCENT>
                    <DOC>Rescinding the Definition of ``Harm'' under the Endangered Species Act, </DOC>
                    <PGS>43300-43317</PGS>
                    <FRDOCBP>2026-14195</FRDOCBP>
                </DOCENT>
            </CAT>
            <CAT>
                <HD>PROPOSED RULES</HD>
                <SJ>Endangered and Threatened Species:</SJ>
                <SJDENT>
                    <SJDOC>90-Day Findings for 10 Species, </SJDOC>
                    <PGS>43069-43076</PGS>
                    <FRDOCBP>2026-14098</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Food and Drug</EAR>
            <HD>Food and Drug Administration</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Guidance:</SJ>
                <SJDENT>
                    <SJDOC>Formal Meetings between FDA and Sponsors or Requestors of Over-the-Counter Monograph Drugs, </SJDOC>
                    <PGS>43098-43100</PGS>
                    <FRDOCBP>2026-14120</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Psychedelic Drugs: Considerations for Clinical Investigations, </SJDOC>
                    <PGS>43101-43103</PGS>
                    <FRDOCBP>2026-14158</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Topical Dermatologic Corticosteroids:  In Vivo Bioequivalence, </SJDOC>
                    <PGS>43100-43101</PGS>
                    <FRDOCBP>2026-14119</FRDOCBP>
                </SJDENT>
                <SJ>Hearings, Meetings, Proceedings, etc.:</SJ>
                <SJDENT>
                    <SJDOC>Considerations for Potential Future Therapeutic Use of Psychedelic Drugs, </SJDOC>
                    <PGS>43095-43098</PGS>
                    <FRDOCBP>2026-14155</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Food and Nutrition</EAR>
            <HD>Food and Nutrition Administration</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Food Distribution Program:</SJ>
                <SJDENT>
                    <SJDOC>Value of Donated Foods from July 1, 2026 through June 30, 2027, </SJDOC>
                    <PGS>43079-43080</PGS>
                    <FRDOCBP>2026-14123</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Foreign Agricultural</EAR>
            <HD>Foreign Agricultural Service</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Determination of Total Amounts of Fiscal Year 2027 World Trade Organization Tariff-Rate Quotas:</SJ>
                <SJDENT>
                    <SJDOC>Raw Cane Sugar and Certain Sugars, Syrups and Molasses, </SJDOC>
                    <PGS>43080</PGS>
                    <FRDOCBP>2026-14096</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Foreign Assets</EAR>
            <HD>Foreign Assets Control Office</HD>
            <CAT>
                <HD>NOTICES</HD>
                <DOCENT>
                    <DOC>Sanctions Action, </DOC>
                    <PGS>43150-43151</PGS>
                    <FRDOCBP>2026-14093</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Health and Human</EAR>
            <HD>Health and Human Services Department</HD>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Centers for Medicare &amp; Medicaid Services</P>
            </SEE>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Children and Families Administration</P>
            </SEE>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Food and Drug Administration</P>
            </SEE>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Health Resources and Services Administration</P>
            </SEE>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>National Institutes of Health</P>
            </SEE>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Refugee Resettlement Office</P>
            </SEE>
        </AGCY>
        <AGCY>
            <EAR>Health Resources</EAR>
            <HD>Health Resources and Services Administration</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>National Vaccine Injury Compensation Program:</SJ>
                <SJDENT>
                    <SJDOC>List of Petitions Received, </SJDOC>
                    <PGS>43105-43106</PGS>
                    <FRDOCBP>2026-14099</FRDOCBP>
                </SJDENT>
                <SJ>Request for Information:</SJ>
                <SJDENT>
                    <SJDOC>Training and Care Delivery Models for Safe Administration of Potential FDA-Approved Psychedelic Therapies in Ambulatory Clinical Settings, </SJDOC>
                    <PGS>43103-43105</PGS>
                    <FRDOCBP>2026-14146</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Homeland</EAR>
            <HD>Homeland Security Department</HD>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Coast Guard</P>
            </SEE>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>U.S. Citizenship and Immigration Services</P>
            </SEE>
            <CAT>
                <HD>NOTICES</HD>
                <DOCENT>
                    <DOC>Rescission of Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition against National Origin Discrimination Affecting Limited English Proficient Persons, </DOC>
                    <PGS>43108</PGS>
                    <FRDOCBP>2026-14128</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Indian Affairs</EAR>
            <HD>Indian Affairs Bureau</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Indian Gaming:</SJ>
                <SJDENT>
                    <SJDOC>Approval by Operation of Law of the Wyandotte Nation and State of Kansas Gaming Compact, </SJDOC>
                    <PGS>43109-43110</PGS>
                    <FRDOCBP>2026-14130</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Industry</EAR>
            <HD>Industry and Security Bureau</HD>
            <CAT>
                <HD>RULES</HD>
                <DOCENT>
                    <DOC>Enhanced Favorable Treatment for the United Arab Emirates under the Export Administration Regulations, </DOC>
                    <PGS>43034-43039</PGS>
                    <FRDOCBP>2026-14132</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Interior</EAR>
            <HD>Interior Department</HD>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Fish and Wildlife Service</P>
            </SEE>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Indian Affairs Bureau</P>
            </SEE>
        </AGCY>
        <AGCY>
            <EAR>International Trade Adm</EAR>
            <HD>International Trade Administration</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Antidumping or Countervailing Duty Investigations, Orders, or Reviews:</SJ>
                <SJDENT>
                    <SJDOC>Certain Steel Nails from the Sultanate of Oman, </SJDOC>
                    <PGS>43084-43086</PGS>
                    <FRDOCBP>2026-14145</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Common Alloy Aluminum Sheet from India, </SJDOC>
                    <PGS>43082-43084</PGS>
                    <FRDOCBP>2026-14138</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Stilbenic Optical Brightening Agents from Taiwan, </SJDOC>
                    <PGS>43086-43088</PGS>
                    <FRDOCBP>2026-14140</FRDOCBP>
                </SJDENT>
                <SJ>Sales at Less Than Fair Value; Determinations, Investigations, etc.:</SJ>
                <SJDENT>
                    <SJDOC>Truck Bed Covers from The People's Republic of China, </SJDOC>
                    <PGS>43084</PGS>
                    <FRDOCBP>2026-14097</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>International Trade Com</EAR>
            <HD>International Trade Commission</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Investigations; Determinations, Modifications, and Rulings, etc.:</SJ>
                <SJDENT>
                    <SJDOC>Crepe Paper from China, </SJDOC>
                    <PGS>43110</PGS>
                    <FRDOCBP>2026-14149</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Justice Department</EAR>
            <HD>Justice Department</HD>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Drug Enforcement Administration</P>
            </SEE>
        </AGCY>
        <AGCY>
            <EAR>National Institute</EAR>
            <HD>National Institutes of Health</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Licenses; Exemptions, Applications, Amendments, etc.:</SJ>
                <SJDENT>
                    <SJDOC>Government-Owned Inventions, </SJDOC>
                    <PGS>43106-43107</PGS>
                    <FRDOCBP>2026-14133</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>National Oceanic</EAR>
            <HD>National Oceanic and Atmospheric Administration</HD>
            <CAT>
                <HD>RULES</HD>
                <DOCENT>
                    <DOC>Rescinding the Definition of ``Harm'' under the Endangered Species Act, </DOC>
                    <PGS>43300-43317</PGS>
                    <FRDOCBP>2026-14195</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Nuclear Regulatory</EAR>
            <HD>Nuclear Regulatory Commission</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Licenses; Exemptions, Applications, Amendments, etc.:</SJ>
                <SJDENT>
                    <SJDOC>Applications for Amendments to Facility Operating Licenses Involving Proposed No Significant Hazards Consideration Determination and Containing Sensitive Unclassified Non-Safeguards Information and Order Imposing Procedures for Access to Sensitive Unclassified Non-Safeguards Information, </SJDOC>
                    <PGS>43114-43118</PGS>
                    <FRDOCBP>2026-14116</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>
                Pipeline
                <PRTPAGE P="v"/>
            </EAR>
            <HD>Pipeline and Hazardous Materials Safety Administration</HD>
            <CAT>
                <HD>PROPOSED RULES</HD>
                <SJ>Pipeline Safety:</SJ>
                <SJDENT>
                    <SJDOC>Crimson Pipeline LP's Petition for Declaratory Order Regarding the Requirements for Baseline Integrity Assessments, </SJDOC>
                    <PGS>43067-43068</PGS>
                    <FRDOCBP>2026-14193</FRDOCBP>
                </SJDENT>
            </CAT>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Permits; Applications, Issuances, etc.:</SJ>
                <SJDENT>
                    <SJDOC>Hazardous Materials, </SJDOC>
                    <PGS>43144-43150</PGS>
                    <FRDOCBP>2026-14154</FRDOCBP>
                      
                    <FRDOCBP>2026-14156</FRDOCBP>
                      
                    <FRDOCBP>2026-14157</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Postal Regulatory</EAR>
            <HD>Postal Regulatory Commission</HD>
            <CAT>
                <HD>NOTICES</HD>
                <DOCENT>
                    <DOC>New Postal Products, </DOC>
                    <PGS>43118-43119</PGS>
                    <FRDOCBP>2026-14142</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Refugee</EAR>
            <HD>Refugee Resettlement Office</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Change in Eligibility Period:</SJ>
                <SJDENT>
                    <SJDOC>Refugee Cash Assistance and Refugee Medical Assistance, </SJDOC>
                    <PGS>43107-43108</PGS>
                    <FRDOCBP>2026-14095</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Securities</EAR>
            <HD>Securities and Exchange Commission</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Application:</SJ>
                <SJDENT>
                    <SJDOC>Coatue Innovative Strategies Fund and Coatue Management, LLC, </SJDOC>
                    <PGS>43138-43139</PGS>
                    <FRDOCBP>2026-14091</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Elevation Series Trust and CresAlta Investment Management, Inc., </SJDOC>
                    <PGS>43121</PGS>
                    <FRDOCBP>2026-14089</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>VALIC Co. I and the Variable Annuity Life Insurance Co., </SJDOC>
                    <PGS>43134-43135</PGS>
                    <FRDOCBP>2026-14088</FRDOCBP>
                </SJDENT>
                <SJ>Self-Regulatory Organizations; Proposed Rule Changes:</SJ>
                <SJDENT>
                    <SJDOC>Cboe Exchange, Inc., </SJDOC>
                    <PGS>43121-43123, 43135-43138</PGS>
                    <FRDOCBP>2026-14104</FRDOCBP>
                      
                    <FRDOCBP>2026-14106</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Financial Industry Regulatory Authority, Inc., </SJDOC>
                    <PGS>43127-43129</PGS>
                    <FRDOCBP>2026-14105</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>ICE Clear Credit LLC, </SJDOC>
                    <PGS>43139</PGS>
                    <FRDOCBP>2026-14103</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>MEMX LLC, </SJDOC>
                    <PGS>43123-43127</PGS>
                    <FRDOCBP>2026-14100</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>MIAX PEARL, LLC, </SJDOC>
                    <PGS>43139-43142</PGS>
                    <FRDOCBP>2026-14101</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Texas Stock Exchange LLC, </SJDOC>
                    <PGS>43129-43134</PGS>
                    <FRDOCBP>2026-14102</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>The Depository Trust Co., </SJDOC>
                    <PGS>43119-43121</PGS>
                    <FRDOCBP>2026-14107</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Susquehanna</EAR>
            <HD>Susquehanna River Basin Commission</HD>
            <CAT>
                <HD>NOTICES</HD>
                <DOCENT>
                    <DOC>Grandfathering Registration, </DOC>
                    <PGS>43143</PGS>
                    <FRDOCBP>2026-14150</FRDOCBP>
                </DOCENT>
                <DOCENT>
                    <DOC>Minor Modification Approval, </DOC>
                    <PGS>43143</PGS>
                    <FRDOCBP>2026-14152</FRDOCBP>
                </DOCENT>
                <DOCENT>
                    <DOC>Projects Approved for Consumptive Uses of Water, </DOC>
                    <PGS>43142-43143</PGS>
                    <FRDOCBP>2026-14151</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Transportation Department</EAR>
            <HD>Transportation Department</HD>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Federal Aviation Administration</P>
            </SEE>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Federal Railroad Administration</P>
            </SEE>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Pipeline and Hazardous Materials Safety Administration</P>
            </SEE>
        </AGCY>
        <AGCY>
            <EAR>Treasury</EAR>
            <HD>Treasury Department</HD>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Foreign Assets Control Office</P>
            </SEE>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>United States Mint</P>
            </SEE>
        </AGCY>
        <AGCY>
            <EAR>U.S. Citizenship</EAR>
            <HD>U.S. Citizenship and Immigration Services</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Agency Information Collection Activities; Proposals, Submissions, and Approvals:</SJ>
                <SJDENT>
                    <SJDOC>Request for the Return of Original Documents, </SJDOC>
                    <PGS>43108-43109</PGS>
                    <FRDOCBP>2026-14139</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>U.S. Mint</EAR>
            <HD>United States Mint</HD>
            <CAT>
                <HD>NOTICES</HD>
                <DOCENT>
                    <DOC>Prices for 2026 United States Mint Gold and Silver Products, </DOC>
                    <PGS>43151</PGS>
                    <FRDOCBP>2026-14129</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <PTS>
            <HD SOURCE="HED">Separate Parts In This Issue</HD>
            <HD>Part II</HD>
            <DOCENT>
                <DOC>Environmental Protection Agency, </DOC>
                <PGS>43154-43297</PGS>
                <FRDOCBP>2026-14112</FRDOCBP>
            </DOCENT>
            <HD>Part III</HD>
            <DOCENT>
                <DOC>Commerce Department, National Oceanic and Atmospheric Administration, </DOC>
                <PGS>43300-43317</PGS>
                <FRDOCBP>2026-14195</FRDOCBP>
            </DOCENT>
            <DOCENT>
                <DOC>Interior Department, Fish and Wildlife Service, </DOC>
                <PGS>43300-43317</PGS>
                <FRDOCBP>2026-14195</FRDOCBP>
            </DOCENT>
        </PTS>
        <AIDS>
            <HD SOURCE="HED">Reader Aids</HD>
            <P>Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws.</P>
            <P>To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription.</P>
        </AIDS>
    </CNTNTS>
    <VOL>91</VOL>
    <NO>133</NO>
    <DATE>Tuesday, July 14, 2026</DATE>
    <UNITNAME>Rules and Regulations</UNITNAME>
    <RULES>
        <RULE>
            <PREAMB>
                <PRTPAGE P="43025"/>
                <AGENCY TYPE="F">DEPARTMENT OF TRANSPORTATION</AGENCY>
                <SUBAGY>Federal Aviation Administration</SUBAGY>
                <CFR>14 CFR Part 39</CFR>
                <DEPDOC>[Docket No. FAA-2025-3435; Project Identifier MCAI-2025-01602-T; Amendment 39-23410; AD 2026-14-09]</DEPDOC>
                <RIN>RIN 2120-AA64</RIN>
                <SUBJECT>Airworthiness Directives; Bombardier, Inc., Airplanes</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Aviation Administration (FAA), DOT.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Final rule.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The FAA is superseding Airworthiness Directive (AD) 2025-17-12, which applied to all Bombardier, Inc., Model CL-600-1A11 (600) and CL-600-2A12 (601) airplanes and certain Model CL-600-2B16 (601-3A, 601-3R, and 604 Variants) airplanes. AD 2025-17-12 required revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations. Since the FAA issued AD 2025-17-12, the FAA has determined that certain serial numbers for affected Model CL-600-2B16 (604 Variants) airplanes are not included in the applicability of AD 2025-17-12. This AD continues to require the actions specified in AD 2025-17-12 and adds airplanes to the applicability. The FAA is issuing this AD to address the unsafe condition on these products.</P>
                </SUM>
                <EFFDATE>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>This AD is effective August 18, 2026.</P>
                    <P>The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of October 31, 2025 (90 FR 46330, September 26, 2025).</P>
                </EFFDATE>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P/>
                    <P>
                        <E T="03">AD Docket:</E>
                         You may examine the AD docket at 
                        <E T="03">regulations.gov</E>
                         under Docket No. FAA-2025-3435; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this final rule, the mandatory continuing airworthiness information (MCAI), any comments received, and other information. The street address for Docket Operations is U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.
                    </P>
                    <P>
                        <E T="03">Material Incorporated by Reference:</E>
                    </P>
                    <P>
                        • For Bombardier material identified in this AD, contact Bombardier Business Aircraft Customer Response Center, 400 Côte-Vertu Road West, Dorval, Québec H4S 1Y9, Canada; telephone 514-855-2999; email 
                        <E T="03">ac.yul@aero.bombardier.com;</E>
                         website 
                        <E T="03">https://my.bombardier.com/.</E>
                    </P>
                    <P>
                        • You may view this material at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206-231-3195. It is also available at 
                        <E T="03">regulations.gov</E>
                         under Docket No. FAA-2025-3435.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Brenda L. Buitrago, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: 516-228-7300; email: 
                        <E T="03">9-avs-nyaco-cos@faa.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">Background</HD>
                <P>The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to supersede AD 2025-17-12, Amendment 39-23122 (90 FR 46330, September 26, 2025) (AD 2025-17-12). AD 2025-17-12 applied to all Bombardier, Inc., Model CL-600-1A11 (600) and CL-600-2A12 (601) airplanes and certain Model CL-600-2B16 (601-3A, 601-3R, and 604 Variants) airplanes. AD 2025-17-12 required revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations.</P>
                <P>
                    The NPRM was published in the 
                    <E T="04">Federal Register</E>
                     on October 21, 2025 (90 FR 48414). The NPRM was prompted by AD CF-2024-16, dated May 23, 2024 (Transport Canada AD CF-2024-16) (also referred to as the MCAI), issued by Transport Canada, which is the aviation authority for Canada. The MCAI states that new or more restrictive airworthiness limitations have been developed.
                </P>
                <P>In the NPRM, the FAA proposed to continue to require the actions specified in AD 2025-17-12 and add airplanes to the applicability. The FAA is issuing this AD to address new or more restrictive limitations. Failure to comply with these new or more restrictive limitations could adversely affect the continued airworthiness of the airplane.</P>
                <P>
                    You may examine the MCAI in the AD docket at 
                    <E T="03">regulations.gov</E>
                     under Docket No. FAA-2025-3435.
                </P>
                <HD SOURCE="HD1">Discussion of Final Airworthiness Directive</HD>
                <HD SOURCE="HD1">Comments</HD>
                <P>The FAA received comments from an anonymous commenter who supported the NPRM without change.</P>
                <P>The FAA also received comments from Bombardier and the Citizens Rulemaking Alliance. The following presents those comments and the FAA's responses.</P>
                <HD SOURCE="HD1">Request To Expand the Applicability</HD>
                <P>Bombardier requested that the FAA expand the applicability of the proposed AD to include Model CL-600-2B16 (604 Variant) airplanes, serial numbers (S/Ns) 6193 through 6202 and 6204. Paragraph (c)(3) of the proposed AD specifies S/Ns 6050 through 6192 inclusive.</P>
                <P>
                    The FAA does not agree with this request. The adjusted serial number range of Model CL-600-2B16 (604 Variant) airplanes would address airplanes not delivered with Revision 10 of the Bombardier Challenger 650 Time Limit Maintenance Check (TLMC), Publication No. CH 650 TLMC. However, this AD addresses the Model CL-600-2B16 (604 Variant) airplanes not delivered with Revision 9 of the Bombardier Challenger 650 TLMC, Publication No. CH 650 TLMC. To add airplanes and mandate Revision 10 of the TLMC would expand the AD scope beyond what was proposed in the original notice and would necessitate reissuing the notice, reopening the period for public comment, considering additional comments subsequently received, and issuing a final rule. In light of this, and in consideration of the amount of time that has already elapsed, the FAA has determined that further delay of this AD would not be in the interest of safety. However, the FAA may consider additional action, including further rulemaking, on this 
                    <PRTPAGE P="43026"/>
                    issue. The FAA has not changed this AD in this regard.
                </P>
                <HD SOURCE="HD1">Request To Revise the Service Information</HD>
                <P>Bombardier requested that the FAA mandate the latest revisions of the TLMC documents: Bombardier Challenger 600 TLMC, Publication No. PSP 605, Revision 40, dated September 30, 2025; Bombardier Challenger 601 TLMC, Publication No. PSP 601-5, Revision 47, dated September 30, 2025; Bombardier Challenger 601 TLMC, Publication No. PSP 601A-5, Revision 43, dated September 30, 2025. Bombardier also requested that the FAA refer to the latest revision of the TLMCs instead of the temporary revisions (TRs) identified in the proposed AD because all of the TRs have been published and included in the last published revision of the TLMC.</P>
                <P>The FAA does not agree with these requests. Mandating the newest TLMC revisions would expand the AD scope beyond the original notice. However, the FAA may consider further rulemaking on this issue. The FAA also provides the following clarification for the requirement to incorporate the information specified in the TRs. If operators incorporate the newest TLMC revisions into the maintenance or inspection program, as applicable, they are in compliance with the requirement to incorporate the TRs, provided the TLMC contains the same information as specified in the TRs.</P>
                <P>Similarly, if operators incorporate later TLMC revisions into the maintenance or inspection program, as applicable, they are in compliance with the requirement to incorporate the TLMCs specified in this AD, provided the language is identical to the information specified in the TLMCs identified in this AD. The FAA has not changed this AD in this regard.</P>
                <HD SOURCE="HD1">Request To Justify Forgoing Notice and Comment or Issue an NPRM</HD>
                <P>The Citizens Rulemaking Alliance requested that the FAA either provide its justification for finding good cause to bypass notice and comment procedures, or convert this action to an NPRM and stay the effective date for non-critical compliance elements. The commenter asserted the FAA has not adequately justified use of the good cause exemption to bypass notice and comment and the 30-day delayed effective date.</P>
                <P>
                    The FAA notes the comment was submitted in response to an NPRM for which the FAA provided a 45-day comment period. This final rule is effective 35 days after its publication in the 
                    <E T="04">Federal Register</E>
                    . Therefore, no change to this AD is necessary.
                </P>
                <HD SOURCE="HD1">Request To Make Incorporation by Reference (IBR) Materials Reasonably Available</HD>
                <P>The Citizens Rulemaking Alliance requested that the FAA make IBR material available and free to the public during the comment period. The commenter asserted that this AD incorporates by reference proprietary service information that is not reasonably available to the public.</P>
                <P>
                    The FAA's practices comply with 5 U.S.C. 552(a) of the Administrative Procedure Act and 1 CFR part 51. The FAA makes IBR materials available in the AD docket when the final rule is published in the 
                    <E T="04">Federal Register</E>
                    , following formal approval of the IBR by the Office of the Federal Register. Materials may only be posted before the final rule's publication if they are already publicly available or if there is written consent from the owner of the IBR material. All relevant materials incorporated by reference will be accessible in the AD docket on 
                    <E T="03">Regulations.gov</E>
                    , which the public can access without registration or fees.
                </P>
                <P>The FAA also provides summaries and access details in the preamble and regulatory text, makes materials available for inspection at FAA and National Archives and Records Administration (NARA) offices, offers publisher contact information, and obtains formal IBR approval from the Office of the Federal Register. These efforts are intended to ensure that all IBR materials meet the “reasonably available” standard required by 1 CFR part 51. The FAA did not change this AD as a result of this comment.</P>
                <HD SOURCE="HD1">Request To Comply With the Paperwork Reduction Act (PRA)</HD>
                <P>The Citizens Rulemaking Alliance requested that the FAA revise the AD to comply with the PRA if reporting is required or remove or suspend any reporting provisions until PRA requirements are satisfied. If reporting is intended to be voluntary, the commenter requested the FAA clarify that in the AD.</P>
                <P>The FAA notes this AD does not require reporting. If an AD were to require reporting, the preamble of the AD would include a paragraph titled “Paperwork Reduction Act” that would provide the applicable OMB control number, required PRA statements, and the estimated time to collect the required information (burden). Any costs associated with the reporting requirement would be included in the Costs of Compliance section in the preamble of the AD. Therefore, the FAA did not change this AD as a result of this comment.</P>
                <HD SOURCE="HD1">Request To Consider Impact on Small Entities</HD>
                <P>The Citizens Rulemaking Alliance requested that the FAA either provide the factual basis for its Regulatory Flexibility Act (RFA) certification that the AD will not have a significant economic impact on a substantial number of small entities, or prepare an initial regulatory flexibility analysis.</P>
                <P>The FAA provides the following clarification. The RFA of 1980 (5 U.S.C. 601-612), as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121) and the Small Business Jobs Act of 2010 (Pub. L. 111-240), requires Federal agencies to consider the effects of the regulatory action on small business and other small entities and to minimize any significant economic impact. The term “small entities” comprises small businesses and not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000.</P>
                <HD SOURCE="HD2">Small Entities to Which This AD Applies</HD>
                <P>The FAA used the definition of small entities in the RFA for this analysis. The RFA defines small entities as small businesses, small governmental jurisdictions, or small organizations. In 5 U.S.C. 601(3), the RFA defines “small business” to have the same meaning as “small business concern” under section 3 of the Small Business Act. The Small Business Act authorizes the Small Business Administration (SBA) to define “small business” by issuing regulations.</P>
                <P>
                    The SBA (2023) has established size standards for various types of economic activities, or industries, under the North American Industry Classification System (NAICS). These size standards generally define small businesses based on the number of employees or annual receipts. The SBA definition of a small business applies to the parent company and all affiliates as a single entity. To identify small entities, the FAA first identified the primary NAICS of the entity or parent company, and then used data from different sources (
                    <E T="03">e.g.,</E>
                     company annual reports, Bureau of Transportation Statistics) to determine whether the entity meets the applicable size standard. The following table provides the SBA size standards for all industries with at least 1 impacted domestic entity and the estimated 
                    <PRTPAGE P="43027"/>
                    number of affected small entities within each NAICS industry.
                </P>
                <GPOTABLE COLS="6" OPTS="L2,nj,i1" CDEF="s15,r100,r35,12,12,12">
                    <TTITLE>
                        Small Business Size Standards and Estimated Number of Small Entities 
                        <SU>1</SU>
                    </TTITLE>
                    <BOXHD>
                        <CHED H="1">
                            NAICS
                            <LI>code</LI>
                        </CHED>
                        <CHED H="1">Description</CHED>
                        <CHED H="1">Size standard</CHED>
                        <CHED H="1">
                            Number of
                            <LI>entities</LI>
                        </CHED>
                        <CHED H="1">
                            Number of
                            <LI>small entities</LI>
                        </CHED>
                        <CHED H="1">
                            Percent
                            <LI>small</LI>
                            <LI>entities</LI>
                        </CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">112990</ENT>
                        <ENT>All Other Animal Production</ENT>
                        <ENT>$2.75 million</ENT>
                        <ENT>1</ENT>
                        <ENT>0</ENT>
                        <ENT>0</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">115112</ENT>
                        <ENT>Soil Preparation, Planting, and Cultivating</ENT>
                        <ENT>$9.5 million</ENT>
                        <ENT>1</ENT>
                        <ENT>1</ENT>
                        <ENT>100</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">211120</ENT>
                        <ENT>Crude Petroleum Extraction</ENT>
                        <ENT>1,250 employees</ENT>
                        <ENT>1</ENT>
                        <ENT>1</ENT>
                        <ENT>100</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">236118</ENT>
                        <ENT>Residential Remodelers</ENT>
                        <ENT>$45.0 million</ENT>
                        <ENT>1</ENT>
                        <ENT>1</ENT>
                        <ENT>100</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">237120</ENT>
                        <ENT>Oil and Gas Pipeline and Related Structures Construction</ENT>
                        <ENT>$45.0 million</ENT>
                        <ENT>1</ENT>
                        <ENT>1</ENT>
                        <ENT>100</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">321113</ENT>
                        <ENT>Sawmills</ENT>
                        <ENT>550 employees</ENT>
                        <ENT>1</ENT>
                        <ENT>1</ENT>
                        <ENT>100</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">325180</ENT>
                        <ENT>Other Basic Inorganic Chemical Manufacturing</ENT>
                        <ENT>1,000 employees</ENT>
                        <ENT>1</ENT>
                        <ENT>0</ENT>
                        <ENT>0</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">332410</ENT>
                        <ENT>Power Boiler and Heat Exchanger Manufacturing</ENT>
                        <ENT>750 employees</ENT>
                        <ENT>1</ENT>
                        <ENT>0</ENT>
                        <ENT>0</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">332510</ENT>
                        <ENT>Hardware Manufacturing</ENT>
                        <ENT>750 employees</ENT>
                        <ENT>1</ENT>
                        <ENT>1</ENT>
                        <ENT>100</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">333111</ENT>
                        <ENT>Farm Machinery and Equipment Manufacturing</ENT>
                        <ENT>1,250 employees</ENT>
                        <ENT>1</ENT>
                        <ENT>0</ENT>
                        <ENT>0</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">334519</ENT>
                        <ENT>Other Measuring and Controlling Device Manufacturing</ENT>
                        <ENT>600 employees</ENT>
                        <ENT>1</ENT>
                        <ENT>0</ENT>
                        <ENT>0</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">335220</ENT>
                        <ENT>Major Household Appliance Manufacturing</ENT>
                        <ENT>1,500 employees</ENT>
                        <ENT>1</ENT>
                        <ENT>0</ENT>
                        <ENT>0</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">336110</ENT>
                        <ENT>Automobile and Light Duty Motor Vehicle Manufacturing</ENT>
                        <ENT>1,500 employees</ENT>
                        <ENT>2</ENT>
                        <ENT>1</ENT>
                        <ENT>50</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">336411</ENT>
                        <ENT>Aircraft Manufacturing</ENT>
                        <ENT>1,500 employees</ENT>
                        <ENT>1</ENT>
                        <ENT>1</ENT>
                        <ENT>100</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">336412</ENT>
                        <ENT>Aircraft Engine and Engine Parts Manufacturing</ENT>
                        <ENT>1,500 employees</ENT>
                        <ENT>2</ENT>
                        <ENT>0</ENT>
                        <ENT>0</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">336510</ENT>
                        <ENT>Railroad Rolling Stock Manufacturing</ENT>
                        <ENT>1,500 employees</ENT>
                        <ENT>1</ENT>
                        <ENT>0</ENT>
                        <ENT>0</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">336611</ENT>
                        <ENT>Ship Building and Repairing</ENT>
                        <ENT>1,300 employees</ENT>
                        <ENT>1</ENT>
                        <ENT>0</ENT>
                        <ENT>0</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">339112</ENT>
                        <ENT>Surgical and Medical Instrument Manufacturing</ENT>
                        <ENT>1,000 employees</ENT>
                        <ENT>1</ENT>
                        <ENT>0</ENT>
                        <ENT>0</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">423860</ENT>
                        <ENT>Transportation Equipment and Supplies (except Motor Vehicle) Merchant Wholesalers</ENT>
                        <ENT>175 employees</ENT>
                        <ENT>2</ENT>
                        <ENT>2</ENT>
                        <ENT>100</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">441110</ENT>
                        <ENT>New Car Dealers</ENT>
                        <ENT>200 employees</ENT>
                        <ENT>1</ENT>
                        <ENT>0</ENT>
                        <ENT>0</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">441227</ENT>
                        <ENT>Motorcycle, ATV, and All Other Motor Vehicle Dealers</ENT>
                        <ENT>$40.0 million</ENT>
                        <ENT>2</ENT>
                        <ENT>2</ENT>
                        <ENT>100</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">441330</ENT>
                        <ENT>Automotive Parts and Accessories Retailers</ENT>
                        <ENT>$28.5 million</ENT>
                        <ENT>1</ENT>
                        <ENT>0</ENT>
                        <ENT>0</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">445110</ENT>
                        <ENT>Supermarkets and Other Grocery Retailers (except Convenience Retailers)</ENT>
                        <ENT>$40.0 million</ENT>
                        <ENT>1</ENT>
                        <ENT>0</ENT>
                        <ENT>0</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">481211</ENT>
                        <ENT>Nonscheduled Chartered Passenger Air Transportation</ENT>
                        <ENT>1,500 employees</ENT>
                        <ENT>76</ENT>
                        <ENT>76</ENT>
                        <ENT>100</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">481212</ENT>
                        <ENT>Nonscheduled Chartered Freight Air Transportation</ENT>
                        <ENT>1,500 employees</ENT>
                        <ENT>2</ENT>
                        <ENT>2</ENT>
                        <ENT>100</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">481219</ENT>
                        <ENT>Other Nonscheduled Air Transportation</ENT>
                        <ENT>$25.0 million</ENT>
                        <ENT>1</ENT>
                        <ENT>1</ENT>
                        <ENT>100</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">485111</ENT>
                        <ENT>Mixed Mode Transit Systems</ENT>
                        <ENT>$29.0 million</ENT>
                        <ENT>1</ENT>
                        <ENT>0</ENT>
                        <ENT>0</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">485999</ENT>
                        <ENT>All Other Transit and Ground Passenger Transportation</ENT>
                        <ENT>$19.0 million</ENT>
                        <ENT>1</ENT>
                        <ENT>1</ENT>
                        <ENT>100</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">487990</ENT>
                        <ENT>Scenic and Sightseeing Transportation, Other</ENT>
                        <ENT>$25.0 million</ENT>
                        <ENT>1</ENT>
                        <ENT>1</ENT>
                        <ENT>100</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">488190</ENT>
                        <ENT>Other Support Activities for Air Transportation</ENT>
                        <ENT>$40.0 million</ENT>
                        <ENT>2</ENT>
                        <ENT>2</ENT>
                        <ENT>100</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">488510</ENT>
                        <ENT>Freight Transportation Arrangement</ENT>
                        <ENT>$20.0 million</ENT>
                        <ENT>2</ENT>
                        <ENT>0</ENT>
                        <ENT>0</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">516120</ENT>
                        <ENT>Television Broadcasting Stations</ENT>
                        <ENT>$47.0 million</ENT>
                        <ENT>1</ENT>
                        <ENT>1</ENT>
                        <ENT>100</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">518210</ENT>
                        <ENT>Computing Infrastructure Providers, Data Processing, Web Hosting, and Related Services</ENT>
                        <ENT>$40.0 million</ENT>
                        <ENT>1</ENT>
                        <ENT>1</ENT>
                        <ENT>100</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">522299</ENT>
                        <ENT>International, Secondary Market, and All Other Nondepository Credit Intermediation</ENT>
                        <ENT>$47.0 million</ENT>
                        <ENT>1</ENT>
                        <ENT>1</ENT>
                        <ENT>100</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">523910</ENT>
                        <ENT>Miscellaneous Intermediation</ENT>
                        <ENT>$47.0 million</ENT>
                        <ENT>2</ENT>
                        <ENT>2</ENT>
                        <ENT>100</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">523940</ENT>
                        <ENT>Portfolio Management and Investment Advice</ENT>
                        <ENT>$47.0 million</ENT>
                        <ENT>4</ENT>
                        <ENT>4</ENT>
                        <ENT>100</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">523991</ENT>
                        <ENT>Trust, Fiduciary and Custody Activities</ENT>
                        <ENT>$47.0 million</ENT>
                        <ENT>1</ENT>
                        <ENT>0</ENT>
                        <ENT>0</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">524126</ENT>
                        <ENT>Direct Property and Casualty Insurance Carriers</ENT>
                        <ENT>1,500 employees</ENT>
                        <ENT>1</ENT>
                        <ENT>0</ENT>
                        <ENT>0</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">524210</ENT>
                        <ENT>Insurance Agencies and Brokerages</ENT>
                        <ENT>$15.0 million</ENT>
                        <ENT>1</ENT>
                        <ENT>1</ENT>
                        <ENT>100</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">525990</ENT>
                        <ENT>Other Financial Vehicles</ENT>
                        <ENT>$40.0 million</ENT>
                        <ENT>1</ENT>
                        <ENT>1</ENT>
                        <ENT>100</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">531210</ENT>
                        <ENT>Offices of Real Estate Agents and Brokers</ENT>
                        <ENT>$15.0 million</ENT>
                        <ENT>1</ENT>
                        <ENT>0</ENT>
                        <ENT>0</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">532411</ENT>
                        <ENT>Commercial Air, Rail, and Water Transportation Equipment Rental and Leasing</ENT>
                        <ENT>$45.5 million</ENT>
                        <ENT>1</ENT>
                        <ENT>1</ENT>
                        <ENT>100</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">532490</ENT>
                        <ENT>Other Commercial and Industrial Machinery and Equipment Rental and Leasing</ENT>
                        <ENT>$40.0 million</ENT>
                        <ENT>2</ENT>
                        <ENT>2</ENT>
                        <ENT>100</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">541320</ENT>
                        <ENT>Landscape Architectural Services</ENT>
                        <ENT>$9.0 million</ENT>
                        <ENT>1</ENT>
                        <ENT>1</ENT>
                        <ENT>100</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">541512</ENT>
                        <ENT>Computer Systems Design Services</ENT>
                        <ENT>$34.0 million</ENT>
                        <ENT>1</ENT>
                        <ENT>0</ENT>
                        <ENT>0</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">541611</ENT>
                        <ENT>Administrative Management and General Management Consulting Services</ENT>
                        <ENT>$24.5 million</ENT>
                        <ENT>1</ENT>
                        <ENT>1</ENT>
                        <ENT>100</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">541618</ENT>
                        <ENT>Other Management Consulting Services</ENT>
                        <ENT>$19.0 million</ENT>
                        <ENT>1</ENT>
                        <ENT>1</ENT>
                        <ENT>100</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">551112</ENT>
                        <ENT>Offices of Other Holding Companies</ENT>
                        <ENT>$45.5 million</ENT>
                        <ENT>1</ENT>
                        <ENT>0</ENT>
                        <ENT>0</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">561499</ENT>
                        <ENT>All Other Business Support Services</ENT>
                        <ENT>$21.5 million</ENT>
                        <ENT>1</ENT>
                        <ENT>0</ENT>
                        <ENT>0</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">562920</ENT>
                        <ENT>Materials Recovery Facilities</ENT>
                        <ENT>$25.0 million</ENT>
                        <ENT>1</ENT>
                        <ENT>0</ENT>
                        <ENT>0</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">621111</ENT>
                        <ENT>Offices of Physicians (except Mental Health Specialists)</ENT>
                        <ENT>$16.0 million</ENT>
                        <ENT>1</ENT>
                        <ENT>1</ENT>
                        <ENT>100</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">621910</ENT>
                        <ENT>Ambulance Services</ENT>
                        <ENT>$22.5 million</ENT>
                        <ENT>1</ENT>
                        <ENT>0</ENT>
                        <ENT>0</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">622110</ENT>
                        <ENT>General Medical and Surgical Hospitals</ENT>
                        <ENT>$47.0 million</ENT>
                        <ENT>1</ENT>
                        <ENT>0</ENT>
                        <ENT>0</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">624190</ENT>
                        <ENT>Other Individual and Family Services</ENT>
                        <ENT>$16.0 million</ENT>
                        <ENT>1</ENT>
                        <ENT>1</ENT>
                        <ENT>100</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">624410</ENT>
                        <ENT>Child Care Services</ENT>
                        <ENT>$9.5 million</ENT>
                        <ENT>1</ENT>
                        <ENT>1</ENT>
                        <ENT>100</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">711211</ENT>
                        <ENT>Sports Teams and Clubs</ENT>
                        <ENT>$47.0 million</ENT>
                        <ENT>1</ENT>
                        <ENT>1</ENT>
                        <ENT>100</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">721110</ENT>
                        <ENT>Hotels (except Casino Hotels) and Motels</ENT>
                        <ENT>$40.0 million</ENT>
                        <ENT>1</ENT>
                        <ENT>1</ENT>
                        <ENT>100</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">721120</ENT>
                        <ENT>Casino Hotels</ENT>
                        <ENT>$40.0 million</ENT>
                        <ENT>1</ENT>
                        <ENT>0</ENT>
                        <ENT>0</ENT>
                    </ROW>
                    <ROW>
                        <PRTPAGE P="43028"/>
                        <ENT I="01">811310</ENT>
                        <ENT>Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance</ENT>
                        <ENT>$12.5 million</ENT>
                        <ENT>1</ENT>
                        <ENT>0</ENT>
                        <ENT>0</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">812332</ENT>
                        <ENT>Industrial Launderers</ENT>
                        <ENT>$47.0 million</ENT>
                        <ENT>1</ENT>
                        <ENT>0</ENT>
                        <ENT>0</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">813110</ENT>
                        <ENT>Religious Organizations</ENT>
                        <ENT>$13.0 million</ENT>
                        <ENT>1</ENT>
                        <ENT>0</ENT>
                        <ENT>0</ENT>
                    </ROW>
                    <ROW RUL="n,n,n,s">
                        <ENT I="01">N/A</ENT>
                        <ENT>Government Jurisdiction</ENT>
                        <ENT>50,000 population</ENT>
                        <ENT>1</ENT>
                        <ENT>0</ENT>
                        <ENT>0</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">Total</ENT>
                        <ENT O="xl"/>
                        <ENT/>
                        <ENT>149</ENT>
                        <ENT>117</ENT>
                        <ENT>79</ENT>
                    </ROW>
                    <TNOTE>
                        <SU>1</SU>
                         Source: Sources: SBA, Table of Small Business Size Standards (2023). 
                        <E T="03">sba.gov;</E>
                         Dun &amp; Bradstreet D&amp;B Hoovers, retrieved June 6, 2026. 
                        <E T="03">app.hoovers.dnb.com;</E>
                         Rocketreach, retrieved June 6, 2026. 
                        <E T="03">rocketreach.co;</E>
                         Zoominfo, retrieved June 6, 2026. 
                        <E T="03">zoominfo.com;</E>
                         Prospeo, retrieved June 6, 2026. 
                        <E T="03">prospeo.io.</E>
                    </TNOTE>
                </GPOTABLE>
                <HD SOURCE="HD2">Projected Reporting, Recordkeeping, and Other Compliance Requirements</HD>
                <P>The FAA estimates the total cost of the maintenance or inspection program actions required from this AD to be $7,650. Since operators incorporate maintenance or inspection program changes for their affected fleet(s), the FAA has determined that a per-entity estimate is more accurate than a per-airplane estimate. The following table provides the estimated per-entity compliance cost by each affected NAICS industry.</P>
                <GPOTABLE COLS="5" OPTS="L2,nj,i1" CDEF="s100,15,25,12,12">
                    <TTITLE>
                        Average Cost of Compliance per Small Entity 
                        <SU>1</SU>
                    </TTITLE>
                    <BOXHD>
                        <CHED H="1">NAICS industry</CHED>
                        <CHED H="1">
                            Number of
                            <LI>small entities</LI>
                        </CHED>
                        <CHED H="1">
                            Average
                            <LI>revenue</LI>
                            <LI>($)</LI>
                        </CHED>
                        <CHED H="1">
                            Average cost
                            <LI>as a percent</LI>
                            <LI>of revenue</LI>
                        </CHED>
                        <CHED H="1">
                            Range of cost
                            <LI>as a percent</LI>
                            <LI>of revenue</LI>
                        </CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">Administrative Management and General Management Consulting Services</ENT>
                        <ENT>1</ENT>
                        <ENT>$251,230</ENT>
                        <ENT>3.05</ENT>
                        <ENT>3.05-3.05</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Aircraft Manufacturing</ENT>
                        <ENT>1</ENT>
                        <ENT>89,460,000,000</ENT>
                        <ENT>0.00</ENT>
                        <ENT>0-0</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">All Other Transit and Ground Passenger Transportation</ENT>
                        <ENT>1</ENT>
                        <ENT>2,510,000</ENT>
                        <ENT>0.30</ENT>
                        <ENT>0.3-0.3</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Automobile and Light Duty Motor Vehicle Manufacturing</ENT>
                        <ENT>1</ENT>
                        <ENT>2,220,000</ENT>
                        <ENT>0.34</ENT>
                        <ENT>0.34-0.34</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Child Care Services</ENT>
                        <ENT>1</ENT>
                        <ENT>6,160,000</ENT>
                        <ENT>0.12</ENT>
                        <ENT>0.12-0.12</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Commercial Air, Rail, and Water Transportation Equipment Rental and Leasing</ENT>
                        <ENT>1</ENT>
                        <ENT>71,600</ENT>
                        <ENT>10.68</ENT>
                        <ENT>10.68-10.68</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Computing Infrastructure Providers, Data Processing, Web Hosting, and Related Services</ENT>
                        <ENT>1</ENT>
                        <ENT>19,250,000</ENT>
                        <ENT>0.04</ENT>
                        <ENT>0.04-0.04</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Crude Petroleum Extraction</ENT>
                        <ENT>1</ENT>
                        <ENT>28,780,000</ENT>
                        <ENT>0.03</ENT>
                        <ENT>0.03-0.03</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Hardware Manufacturing</ENT>
                        <ENT>1</ENT>
                        <ENT>50,030,000</ENT>
                        <ENT>0.02</ENT>
                        <ENT>0.02-0.02</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Hotels (except Casino Hotels) and Motels</ENT>
                        <ENT>1</ENT>
                        <ENT>36,970,000</ENT>
                        <ENT>0.02</ENT>
                        <ENT>0.02-0.02</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Insurance Agencies and Brokerages</ENT>
                        <ENT>1</ENT>
                        <ENT>3,250,000</ENT>
                        <ENT>0.24</ENT>
                        <ENT>0.24-0.24</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">International, Secondary Market, and All Other Nondepository Credit Intermediation</ENT>
                        <ENT>1</ENT>
                        <ENT>2,500,000</ENT>
                        <ENT>0.31</ENT>
                        <ENT>0.31-0.31</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Landscape Architectural Services</ENT>
                        <ENT>1</ENT>
                        <ENT>6,560,000</ENT>
                        <ENT>0.12</ENT>
                        <ENT>0.12-0.12</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Miscellaneous Intermediation</ENT>
                        <ENT>2</ENT>
                        <ENT>13,140,000</ENT>
                        <ENT>0.76</ENT>
                        <ENT>0.03-1.5</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Motorcycle, ATV, and All Other Motor Vehicle Dealers</ENT>
                        <ENT>2</ENT>
                        <ENT>357,755</ENT>
                        <ENT>2.40</ENT>
                        <ENT>1.61-3.2</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Nonscheduled Chartered Freight Air Transportation</ENT>
                        <ENT>2</ENT>
                        <ENT>9,805,000</ENT>
                        <ENT>0.18</ENT>
                        <ENT>0.04-0.32</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Nonscheduled Chartered Passenger Air Transportation</ENT>
                        <ENT>76</ENT>
                        <ENT>7,155,127</ENT>
                        <ENT>0.47</ENT>
                        <ENT>0.01-3.44</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Offices of Physicians (except Mental Health Specialists)</ENT>
                        <ENT>1</ENT>
                        <ENT>9,060,000</ENT>
                        <ENT>0.08</ENT>
                        <ENT>0.08-0.08</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Oil and Gas Pipeline and Related Structures Construction</ENT>
                        <ENT>1</ENT>
                        <ENT>10,780,000</ENT>
                        <ENT>0.07</ENT>
                        <ENT>0.07-0.07</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Other Commercial and Industrial Machinery and Equipment Rental and Leasing</ENT>
                        <ENT>2</ENT>
                        <ENT>400,305</ENT>
                        <ENT>2.18</ENT>
                        <ENT>1.42-2.94</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Other Financial Vehicles</ENT>
                        <ENT>1</ENT>
                        <ENT>22,720,000</ENT>
                        <ENT>0.03</ENT>
                        <ENT>0.03-0.03</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Other Individual and Family Services</ENT>
                        <ENT>1</ENT>
                        <ENT>999,000</ENT>
                        <ENT>0.77</ENT>
                        <ENT>0.77-0.77</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Other Management Consulting Services</ENT>
                        <ENT>1</ENT>
                        <ENT>147,490</ENT>
                        <ENT>5.19</ENT>
                        <ENT>5.19-5.19</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Other Nonscheduled Air Transportation</ENT>
                        <ENT>1</ENT>
                        <ENT>1,100,000</ENT>
                        <ENT>0.70</ENT>
                        <ENT>0.7-0.7</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Other Support Activities for Air Transportation</ENT>
                        <ENT>2</ENT>
                        <ENT>1,969,810</ENT>
                        <ENT>1.00</ENT>
                        <ENT>0.22-1.78</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Portfolio Management and Investment Advice</ENT>
                        <ENT>4</ENT>
                        <ENT>6,604,335</ENT>
                        <ENT>3.24</ENT>
                        <ENT>0.03-10.36</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Residential Remodelers</ENT>
                        <ENT>1</ENT>
                        <ENT>435,450</ENT>
                        <ENT>1.76</ENT>
                        <ENT>1.76-1.76</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Sawmills</ENT>
                        <ENT>1</ENT>
                        <ENT>2,490,000</ENT>
                        <ENT>0.31</ENT>
                        <ENT>0.31-0.31</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Scenic and Sightseeing Transportation, Other</ENT>
                        <ENT>1</ENT>
                        <ENT>6,846,561</ENT>
                        <ENT>0.11</ENT>
                        <ENT>0.11-0.11</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Soil Preparation, Planting, and Cultivating</ENT>
                        <ENT>1</ENT>
                        <ENT>2,370,000</ENT>
                        <ENT>0.32</ENT>
                        <ENT>0.32-0.32</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Sports Teams and Clubs</ENT>
                        <ENT>1</ENT>
                        <ENT>21,270,000</ENT>
                        <ENT>0.04</ENT>
                        <ENT>0.04-0.04</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Television Broadcasting Stations</ENT>
                        <ENT>1</ENT>
                        <ENT>1,060,000</ENT>
                        <ENT>0.72</ENT>
                        <ENT>0.72-0.72</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Transportation Equipment and Supplies (except Motor Vehicle) Merchant Wholesalers</ENT>
                        <ENT>2</ENT>
                        <ENT>1,711,740</ENT>
                        <ENT>7.27</ENT>
                        <ENT>0.23-14.3</ENT>
                    </ROW>
                    <TNOTE>
                        <SU>1</SU>
                         Source: Sources: SBA, Table of Small Business Size Standards (2023). 
                        <E T="03">sba.gov;</E>
                         Dun &amp; Bradstreet D&amp;B Hoovers, retrieved June 6, 2026. 
                        <E T="03">app.hoovers.dnb.com;</E>
                         Rocketreach, retrieved June 6, 2026. 
                        <E T="03">rocketreach.co;</E>
                         Zoominfo, retrieved June 6, 2026. 
                        <E T="03">zoominfo.com;</E>
                         Prospeo, retrieved June 6, 2026. 
                        <E T="03">prospeo.io.</E>
                    </TNOTE>
                </GPOTABLE>
                <PRTPAGE P="43029"/>
                <HD SOURCE="HD2">Significant Alternatives Considered</HD>
                <P>The FAA evaluated the alternative of not promulgating this AD but ultimately deemed that this alternative would create a significant safety hazard. The FAA is issuing this AD to address unsafe conditions, and this AD is necessary to maintain safety in air commerce.</P>
                <HD SOURCE="HD2">RFA Conclusions</HD>
                <P>Based on average compliance costs, the FAA has determined that the financial impacts of this AD are not disproportionate to small entities. The FAA did not change this AD as a result of this comment.</P>
                <HD SOURCE="HD1">Request To Provide Additional Cost Information</HD>
                <P>The Citizens Rulemaking Alliance requested that the FAA provide transparent cost assumptions including airplane downtime, logistical constraints, and supply chain risks.</P>
                <P>The FAA recognizes that, in doing the actions required by an AD, operators might incur indirect costs in addition to the direct costs. The FAA considered the impact that this AD will have on affected operators and determined this AD will not trigger any downtime costs, logistical constraints, or supply chain risks because revising the existing maintenance or inspection program, as applicable, is an administrative action that can be performed without impacting operations. Since the FAA has assessed and disclosed all known costs of the AD requirements in the Costs of Compliance section of the proposed AD, and the commenter did not provide additional cost data for the FAA to consider in its cost analysis, the FAA determined that the existing analysis is complete. The FAA did not change this AD as a result of this comment.</P>
                <HD SOURCE="HD1">Conclusion</HD>
                <P>These products have been approved by the civil aviation authority of another country and are approved for operation in the United States. Pursuant to the FAA's bilateral agreement with this State of Design Authority, that authority has notified the FAA of the unsafe condition described in the MCAI referenced above. The FAA reviewed the relevant data, considered any comments received, and determined that air safety requires adopting this AD as proposed. Accordingly, the FAA is issuing this AD to address the unsafe condition on these products. Except for minor editorial changes, this AD is adopted as proposed in the NPRM. None of the changes will increase the economic burden on any operator.</P>
                <HD SOURCE="HD1">Material Incorporated by Reference Under 1 CFR Part 51</HD>
                <P>This AD requires the following Bombardier material, which the Director of the Federal Register approved for incorporation by reference as of October 31, 2025 (90 FR 46333, September 26, 2025):</P>
                <P>• Section 5-10-00, “Airworthiness Limitations,” of Bombardier Challenger 600 Time Limits/Maintenance Checks (TLMC), Publication No. PSP 605, Revision 39, dated January 8, 2018. (For obtaining these sections of Bombardier Challenger 600 TLMC, Publication No. PSP 605, use Document Identification No. CH 600 TLMC.)</P>
                <P>• Section 5-10-00, “Airworthiness Limitations,” of Bombardier Challenger 601 TLMC, Publication No. PSP 601-5, Revision 46, dated January 8, 2018. (For obtaining these sections of Bombardier Challenger 601 TLMC, Publication No. PSP 601-5, use Document Identification No. CH 601 TLMC.)</P>
                <P>• Section 5-10-00, “Airworthiness Limitations,” of Bombardier Challenger 601 TLMC, Publication No. PSP 601A-5, Revision 42, dated January 8, 2018. (For obtaining these sections of Bombardier Challenger 601 TLMC, Publication No. PSP 601A-5, use Document Identification No. CH 601 TLMC-1.)</P>
                <P>• Part 2, “Airworthiness Limitations,” of Bombardier Challenger 604 TLMC, Publication No. CH 604 TLMC, Revision 33, dated November 22, 2022. (The document identification number for ordering Bombardier Challenger 604 TLMC, Publication No. CH 604 TLMC is incorrectly identified as “CH 600 TLMC” on page 2 of the TLMC. For obtaining Part 2 of Bombardier Challenger 604 TLMC, Publication No. CH 604 TLMC, use Document Identification No. CH 604 TLMC.)</P>
                <P>• Part 2, “Airworthiness Limitations,” of Bombardier Challenger 605 TLMC, Publication No. CH 605 TLMC, Revision 22, dated November 22, 2022.</P>
                <P>• Part 2, “Airworthiness Limitations,” of Bombardier Challenger 650 TLMC, Publication No. CH 650 TLMC, Revision 9, dated November 22, 2022.</P>
                <P>• Temporary Revision No. 5-2-5, dated October 16, 2023, which includes new Task 32-51-04-101*, “Discard of the Nosewheel-Steering Control Potentiometer Coupling Setscrews, Part No. B0201102-2-220 (A/C 6194 and Subs or Post SB 650-32-007).”</P>
                <P>• Temporary Revision No. 5-2-29, dated October 25, 2023, which includes new Task 32-51-04-101*, “Discard of the Nosewheel-Steering Control Potentiometer Coupling Setscrews, Part No. B0201102-2-220 (Post SB 605-32-010).”</P>
                <P>• Temporary Revision No. 5-2-73, dated October 25, 2023, which includes new Task 32-51-04-101*, “Discard of the Nosewheel-Steering Control Potentiometer Coupling Setscrews, Part No. B0201102-2-220 (Post SB 604-32-033).”</P>
                <P>• Temporary Revision No. TR 5-164, dated December 23, 2022, which includes new Task 53-10-01-102*, “Forward Pressure Bulkhead Cap Angle—Aft Side.”</P>
                <P>• Temporary Revision No. TR 5-165, dated October 25, 2023.</P>
                <P>• Temporary Revision No. TR 5-268, dated December 23, 2022, which includes new Task 53-10-01-103*, “Forward Pressure Bulkhead Cap Angle—Aft Side.”</P>
                <P>• Temporary Revision No. TR 5-269, dated October 25, 2023.</P>
                <P>• Temporary Revision No. TR 5-282, dated December 23, 2022, which includes new Task 53-10-01-103*, “Forward Pressure Bulkhead Cap Angle—Aft Side.”</P>
                <P>• Temporary Revision No. TR 5-283, dated October 25, 2023.</P>
                <P>(The asterisk (or “one star”) with the last three digits of the task numbers listed above indicates that the task is an airworthiness limitation task.)</P>
                <P>
                    This material is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the 
                    <E T="02">ADDRESSES</E>
                     section.
                </P>
                <HD SOURCE="HD1">Costs of Compliance</HD>
                <P>The FAA estimates that this AD affects 573 airplanes of U.S. registry and 390 operators. The FAA estimates the following costs to comply with this AD:</P>
                <P>The FAA estimates the total cost per operator for the retained actions from AD 2025-17-12 to be $7,650 (90 work-hours × $85 per work-hour).</P>
                <P>The FAA has determined that revising the maintenance or inspection program takes an average of 90 work-hours per operator, although the agency recognizes that this number may vary from operator to operator. Since operators incorporate maintenance or inspection program changes for their affected fleet(s), the FAA has determined that a per-operator estimate is more accurate than a per-airplane estimate. Therefore, the FAA estimates the total cost per operator for the actions to be $7,650 (90 work-hours × $85 per work-hour).</P>
                <P>
                    The FAA estimates the total industry cost of this AD to be $2,983,500 ($7,650  × 390 operators).
                    <PRTPAGE P="43030"/>
                </P>
                <HD SOURCE="HD1">Authority for This Rulemaking</HD>
                <P>Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. Subtitle VII: Aviation Programs, describes in more detail the scope of the Agency's authority.</P>
                <P>The FAA is issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701: General requirements. Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action.</P>
                <HD SOURCE="HD1">Regulatory Findings</HD>
                <P>This AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect 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.</P>
                <P>For the reasons discussed above, I certify this AD:</P>
                <P>(1) Is not a “significant regulatory action” under Executive Order 12866,</P>
                <P>(2) Will not affect intrastate aviation in Alaska, and</P>
                <P>(3) Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.</P>
                <LSTSUB>
                    <HD SOURCE="HED">List of Subjects in 14 CFR Part 39</HD>
                    <P>Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.</P>
                </LSTSUB>
                <HD SOURCE="HD1">The Amendment</HD>
                <P>Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:</P>
                <PART>
                    <HD SOURCE="HED">PART 39—AIRWORTHINESS DIRECTIVES</HD>
                </PART>
                <REGTEXT TITLE="14" PART="39">
                    <AMDPAR>1. The authority citation for part 39 continues to read as follows:</AMDPAR>
                    <AUTH>
                        <HD SOURCE="HED">Authority:</HD>
                        <P> 49 U.S.C. 106(g), 40113, 44701.</P>
                    </AUTH>
                </REGTEXT>
                <SECTION>
                    <SECTNO>§ 39.13</SECTNO>
                    <SUBJECT>[Amended]</SUBJECT>
                </SECTION>
                <REGTEXT TITLE="14" PART="39">
                    <AMDPAR>2. The FAA amends § 39.13 by:</AMDPAR>
                    <AMDPAR>a. Removing Airworthiness Directive (AD) 2025-17-12, Amendment 39 23122 (90 FR 46330, September 26, 2025); and</AMDPAR>
                    <AMDPAR>b. Adding the following new AD:</AMDPAR>
                    <EXTRACT>
                        <FP SOURCE="FP-2">
                            <E T="04">2026-14-09—Bombardier, Inc.:</E>
                             Amendment 39-23410; Docket No. FAA-2025-3435; Project Identifier MCAI-2025-01602-T.
                        </FP>
                        <HD SOURCE="HD1">(a) Effective Date</HD>
                        <P>This airworthiness directive (AD) is effective August 18, 2026.</P>
                        <HD SOURCE="HD1">(b) Affected ADs</HD>
                        <P>This AD replaces AD 2025-17-12, Amendment 39-23122 (90 FR 46330, September 26, 2025) (AD 2025-17-12).</P>
                        <HD SOURCE="HD1">(c) Applicability</HD>
                        <P>This AD applies to Bombardier, Inc., airplanes identified in paragraphs (c)(1) through (3) of this AD, certificated in any category.</P>
                        <P>(1) All Model CL-600-1A11 (600), CL-600-2A12 (601), and CL-600-2B16 (601-3A and 601-3R Variants) airplanes.</P>
                        <P>(2) Model CL-600-2B16 (604 Variant) airplanes, serial numbers (S/Ns) 5301 through 5665 inclusive and S/Ns 5701 through 6049 inclusive.</P>
                        <P>(3) Model CL-600-2B16 (604 Variant) airplanes, S/Ns 6050 through 6192 inclusive.</P>
                        <HD SOURCE="HD1">(d) Subject</HD>
                        <P>Air Transport Association (ATA) of America Code 05, Time Limits/Maintenance Checks.</P>
                        <HD SOURCE="HD1">(e) Unsafe Condition</HD>
                        <P>This AD was prompted by a determination that new or more restrictive airworthiness limitations are necessary. The FAA is issuing this AD to address new or more restrictive limitations. Failure to comply with these new or more restrictive limitations could adversely affect the continued airworthiness of the airplane.</P>
                        <HD SOURCE="HD1">(f) Compliance</HD>
                        <P>Comply with this AD within the compliance times specified, unless already done.</P>
                        <HD SOURCE="HD1">(g) Retained Revision of the Existing Maintenance or Inspection Program for Certain Airplanes, With Removal of References to S/Ns 5301 Through 6049 Inclusive</HD>
                        <P>This paragraph restates the requirements of paragraph (g) of AD 2025-17-12, with removal of references to S/Ns 5301 through 6049 inclusive. For airplanes identified in paragraphs (c)(1) and (3) of this AD, comply with paragraphs (g)(1) and (2) of this AD.</P>
                        <P>(1) Within 90 days after October 31, 2025 (the effective date of AD 2025-17-12), revise the existing maintenance or inspection program, as applicable, to incorporate the information specified in the applicable time limits/maintenance checks (TLMC) document identified in table 1 to paragraph (g)(1) of this AD. The initial compliance time for doing the tasks is at the time specified in the applicable TLMC document identified in table 1 to paragraph (g)(1) of this AD, or within 90 days after October 31, 2025, whichever occurs later.</P>
                        <GPOTABLE COLS="3" OPTS="L2,nj,i1" CDEF="s150,r100,r100">
                            <TTITLE>
                                Table 1 to Paragraph (
                                <E T="01">g</E>
                                )(1)—TLMC Documents
                            </TTITLE>
                            <BOXHD>
                                <CHED H="1">Applicable airplanes</CHED>
                                <CHED H="1">TLMC section or part</CHED>
                                <CHED H="1">TLMC document</CHED>
                            </BOXHD>
                            <ROW>
                                <ENT I="01">Bombardier, Inc., Model CL-600-1A11 (600) airplanes, serial numbers (S/Ns) 1004 through 1085 inclusive</ENT>
                                <ENT>Section 5-10-00, “Airworthiness Limitations”</ENT>
                                <ENT>
                                    Bombardier Challenger 600 TLMC, Publication No. PSP 605, Revision 39, January 8, 2018.
                                    <SU>1</SU>
                                </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Bombardier, Inc., Model CL-600-2A12 (601) airplanes, S/Ns 3001 through 3066 inclusive</ENT>
                                <ENT>Section 5-10-00, “Airworthiness Limitations”</ENT>
                                <ENT>
                                    Bombardier Challenger 601 TLMC, Publication No. PSP 601-5, Revision 46, January 8, 2018.
                                    <SU>2</SU>
                                </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Bombardier, Inc., Model CL-600-2B16 (601-3A Variant) airplanes, S/Ns 5001 through 5134 inclusive; and Model CL-600-2B16 (601-3R Variant) airplanes, S/Ns 5135 through 5194 inclusive</ENT>
                                <ENT>Section 5-10-00, “Airworthiness Limitations”</ENT>
                                <ENT>
                                    Bombardier Challenger 601 TLMC, Publication No. PSP 601A-5, Revision 42, January 8, 2018.
                                    <SU>3</SU>
                                </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Bombardier, Inc., Model CL-600-2B16 (604 Variant) airplanes, S/Ns 6050 through 6180 inclusive</ENT>
                                <ENT>Part 2, “Airworthiness Limitations”</ENT>
                                <ENT>Bombardier Challenger 650 TLMC, Publication No. CH 650 TLMC, Revision 9, November 22, 2022.</ENT>
                            </ROW>
                            <TNOTE>
                                <SU>1</SU>
                                 For obtaining these sections of Bombardier Challenger 600 TLMC, Publication No. PSP 605, use Document Identification No. CH 600 TLMC.
                            </TNOTE>
                            <TNOTE>
                                <SU>2</SU>
                                 For obtaining these sections of Bombardier Challenger 601 TLMC, Publication No. PSP 601-5, use Document Identification No. CH 601 TLMC.
                            </TNOTE>
                            <TNOTE>
                                <SU>3</SU>
                                 For obtaining these sections of Bombardier Challenger 601 TLMC, Publication No. PSP 601A-5, use Document Identification No. CH 601 TLMC-1.
                            </TNOTE>
                        </GPOTABLE>
                        <PRTPAGE P="43031"/>
                        <P>(2) Within 90 days after October 31, 2025 (the effective date of AD 2025-17-12), revise the existing maintenance or inspection program, as applicable, to incorporate the information specified in the applicable temporary revisions (TRs) identified in table 2 to paragraph (g)(2) of this AD. The initial compliance time for doing the tasks is at the time specified in the applicable TR identified in table 2 to paragraph (g)(2) of this AD, or within 90 days after October 31, 2025, whichever occurs later.</P>
                        <GPOTABLE COLS="3" OPTS="L2,nj,i1" CDEF="s200,r100,r150">
                            <TTITLE>
                                Table 2 to Paragraph (
                                <E T="01">g</E>
                                )(2)—Temporary Revisions
                            </TTITLE>
                            <BOXHD>
                                <CHED H="1">
                                    Applicable
                                    <LI>airplanes</LI>
                                </CHED>
                                <CHED H="1">TR</CHED>
                                <CHED H="1">
                                    Task number and title or life limit part
                                    <LI>number (P/N) and name</LI>
                                </CHED>
                            </BOXHD>
                            <ROW>
                                <ENT I="01">Bombardier, Inc., Model CL-600-1A11 (600) airplanes, S/Ns 1004 through 1085 inclusive</ENT>
                                <ENT>Bombardier Temporary Revision No. TR 5-164, dated December 23, 2022</ENT>
                                <ENT>53-10-01-102 *, Forward Pressure Bulkhead Cap Angle—Aft Side.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Bombardier, Inc., Model CL-600-1A11 (600) airplanes, S/Ns 1004 through 1085 inclusive</ENT>
                                <ENT>Bombardier Temporary Revision No. TR 5-165, dated October 25, 2023</ENT>
                                <ENT>B0201102-2-220, Rudder Pedal Potentiometer Coupling Setscrews.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Bombardier, Inc., Model CL-600-2A12 (601) airplanes, S/Ns 3001 through 3066 inclusive</ENT>
                                <ENT>Bombardier Temporary Revision No. TR 5-268, dated December 23, 2022</ENT>
                                <ENT>53-10-01-103 *, Forward Pressure Bulkhead Cap Angle—Aft Side.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Bombardier, Inc., Model CL-600-2A12 (601) airplanes, S/Ns 3001 through 3066 inclusive</ENT>
                                <ENT>Bombardier Temporary Revision No. TR 5-269, dated October 25, 2023</ENT>
                                <ENT>B0201102-2-220, Rudder Pedal Potentiometer Coupling Setscrews.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Bombardier, Inc., Model CL-600-2B16 (601-3A Variant) airplanes, S/Ns 5001 through 5134 inclusive; and Model CL-600-2B16 (601-3R Variant) airplanes, S/Ns 5135 through 5194 inclusive</ENT>
                                <ENT>Bombardier Temporary Revision No. TR 5-282, dated December 23, 2022</ENT>
                                <ENT>53-10-01-103 *, Forward Pressure Bulkhead Cap Angle—Aft Side.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Bombardier, Inc., Model CL-600-2B16 (601-3A Variant) airplanes, S/Ns 5001 through 5134 inclusive; and Model CL-600-2B16 (601-3R Variant) airplanes, S/Ns 5135 through 5194 inclusive</ENT>
                                <ENT>Bombardier Temporary Revision No. TR 5-283, dated October 25, 2023</ENT>
                                <ENT>B0201102-2-220, Rudder Pedal Potentiometer Coupling Setscrews.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Bombardier, Inc., Model CL-600-2B16 (604 Variant) airplanes, S/Ns 6050 through 6192 inclusive</ENT>
                                <ENT>Bombardier Temporary Revision No. 5-2-5, dated October 16, 2023</ENT>
                                <ENT>32-51-04-101 *, Discard of the Nosewheel-Steering Control Potentiometer Coupling Setscrews, Part No. B0201102-2-220 (A/C 6194 and Subs or Post SB 650-32-007).</ENT>
                            </ROW>
                        </GPOTABLE>
                        <P>
                            <E T="04">Note 1 to table 2 to paragraph (g)(2):</E>
                             The asterisk (or “one star”) with the last three digits of the task numbers listed in table 2 to paragraph (g)(2) of this AD indicates that the task is an airworthiness limitation task.
                        </P>
                        <HD SOURCE="HD1">(h) Retained No Alternative Actions and Intervals, With No Changes</HD>
                        <P>
                            This paragraph restates the requirements of paragraph (i) of AD 2025-17-12, with no changes. After the existing maintenance or inspection program has been revised as required by paragraph (g) of this AD, no alternative actions (
                            <E T="03">e.g.,</E>
                             inspections) or intervals may be used unless the actions or intervals are approved as an alternative method of compliance (AMOC) in accordance with the procedures specified in paragraph (l)(1) of this AD.
                        </P>
                        <HD SOURCE="HD1">(i) New Revision of the Existing Maintenance or Inspection Program for Certain Airplanes</HD>
                        <P>For airplanes identified in paragraph (c)(2) of this AD: Comply with paragraphs (i)(1) and (2) of this AD.</P>
                        <P>(1) Within 90 days after the effective date of this AD, revise the existing maintenance or inspection program, as applicable, to incorporate the information specified in the applicable TLMC document identified in table 3 to paragraph (i)(1) of this AD. The initial compliance time for doing the tasks is at the time specified in the applicable TLMC document identified in table 3 to paragraph (i)(1) of this AD, or within 90 days after the effective date of this AD, whichever occurs later, except as provided by paragraph (j) of this AD.</P>
                        <GPOTABLE COLS="3" OPTS="L2,nj,i1" CDEF="s100,r50,r100">
                            <TTITLE>
                                Table 3 to Paragraph (
                                <E T="01">i</E>
                                )(1)—TLMC Documents
                            </TTITLE>
                            <BOXHD>
                                <CHED H="1">Applicable airplanes</CHED>
                                <CHED H="1">TLMC part</CHED>
                                <CHED H="1">TLMC document</CHED>
                            </BOXHD>
                            <ROW>
                                <ENT I="01">Bombardier, Inc., Model CL-600-2B16 (604 Variant) airplanes, S/Ns 5301 through 5665 inclusive</ENT>
                                <ENT>Part 2, “Airworthiness Limitations”</ENT>
                                <ENT>
                                    Bombardier Challenger 604 TLMC, Publication No. CH 604 TLMC, Revision 33, November 22, 2022.
                                    <SU>1</SU>
                                </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Bombardier, Inc., Model CL-600-2B16 (604 Variant) airplanes, S/Ns 5701 through 6049 inclusive</ENT>
                                <ENT>Part 2, “Airworthiness Limitations”</ENT>
                                <ENT>Bombardier Challenger 605 TLMC, Publication No. CH 605 TLMC, Revision 22, November 22, 2022.</ENT>
                            </ROW>
                            <TNOTE>
                                <SU>1</SU>
                                 The document identification number for ordering Bombardier Challenger 604 TLMC, Publication No. CH 604 TLMC is incorrectly identified as “CH 600 TLMC” on page 2 of the TLMC. For obtaining Part 2 of Bombardier Challenger 604 TLMC, Publication No. CH 604 TLMC, use Document Identification No. CH 604 TLMC.
                            </TNOTE>
                        </GPOTABLE>
                        <P>
                            (2) Within 90 days after the effective date of this AD, revise the existing maintenance or inspection program, as applicable, to incorporate the information specified in the applicable TRs identified in table 4 to paragraph (i)(2) of this AD. The initial compliance time for doing the tasks is at the time specified in the applicable TR identified in table 4 to paragraph (i)(2) of this AD, or within 90 days after the effective date of this AD, whichever occurs later.
                            <PRTPAGE P="43032"/>
                        </P>
                        <GPOTABLE COLS="3" OPTS="L2,nj,i1" CDEF="s100,r75,r150">
                            <TTITLE>
                                Table 4 to Paragraph (
                                <E T="01">i</E>
                                )(2)—Temporary Revisions
                            </TTITLE>
                            <BOXHD>
                                <CHED H="1">Applicable airplanes</CHED>
                                <CHED H="1">TR</CHED>
                                <CHED H="1">Task number and title or life limit P/N and name</CHED>
                            </BOXHD>
                            <ROW>
                                <ENT I="01">Bombardier, Inc., Model CL-600-2B16 (604 Variant) airplanes, S/Ns 5301 through 5665 inclusive</ENT>
                                <ENT>Bombardier Temporary Revision No. 5-2-73, dated October 25, 2023</ENT>
                                <ENT>32-51-04-101 *, Discard of the Nosewheel-Steering Control Potentiometer Coupling Setscrews, Part No. B0201102-2-220 (Post SB 604-32-033).</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Bombardier, Inc., Model CL-600-2B16 (604 Variant) airplanes, S/Ns 5701 through 6049 inclusive</ENT>
                                <ENT>Bombardier Temporary Revision No. 5-2-29, dated October 25, 2023</ENT>
                                <ENT>32-51-04-101 *, Discard of the Nosewheel-Steering Control Potentiometer Coupling Setscrews, Part No. B0201102-2-220 (Post SB 605-32-010).</ENT>
                            </ROW>
                        </GPOTABLE>
                        <P>
                            <E T="04">Note 2 to table 4 to paragraph (i)(2):</E>
                             The asterisk (or “one star”) with the last three digits of the task numbers listed in table 4 to paragraph (i)(2) of this AD indicates that the task is an airworthiness limitation task.
                        </P>
                        <HD SOURCE="HD1">(j) Compliance Time Exception for a Certain Task</HD>
                        <P>For airplanes identified in paragraph (c)(2) of this AD: The initial compliance time for task 27-42-01-110, “Special Detailed Inspection of the Horizontal Stabilizer Trim Actuator (HSTA), P/N 604-92305-7 and Subs (Vendor P/N 8454-3 and Subs),” of section 5-10-40, “Certification Maintenance Requirements,” of Part 2, “Airworthiness Limitations,” of Bombardier Challenger 604 TLMC, Publication No. CH 604 TLMC, Revision 33, dated November 22, 2022; or Bombardier Challenger 605 TLMC, Publication No. CH 605 TLMC, Revision 22, dated November 22, 2022; as applicable, is at the applicable compliance time specified in paragraph (j)(1) or (2) of this AD, or within 90 days after the effective date of this AD, whichever occurs later.</P>
                        <P>(1) For HSTA having P/N 604-92305-3 (vendor P/N 8454-1) or P/N 604-92305-5 (vendor P/N 8454-2) that were replaced with P/N 604-92305-7 (vendor P/N 8454-3) in accordance with paragraph (j) of AD 2015-05-07, Amendment 39-18117 (80 FR 13483, March 16, 2015): Within 12 years after accomplishing the replacement.</P>
                        <P>(2) For HSTA having P/N 604-92305-7 (vendor P/N 8454-3) manufactured before November 1, 2015: Within 12 years from the part entry into service.</P>
                        <HD SOURCE="HD1">(k) New No Alternative Actions or Intervals</HD>
                        <P>
                            After the existing maintenance or inspection program has been revised as required by paragraph (i) of this AD, no alternative actions (
                            <E T="03">e.g.,</E>
                             inspections) or intervals may be used unless the actions or intervals are approved as an AMOC in accordance with the procedures specified in paragraph (l)(1) of this AD.
                        </P>
                        <HD SOURCE="HD1">(l) Additional AD Provisions</HD>
                        <P>The following provisions also apply to this AD:</P>
                        <P>
                            (1) 
                            <E T="03">Alternative Methods of Compliance (AMOCs):</E>
                             The Manager, International Validation Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or responsible Flight Standards Office, as appropriate. If sending information directly to the manager of the International Validation Branch, send it to the attention of the person identified in paragraph (m) of this AD and email to: 
                            <E T="03">AMOC@faa.gov.</E>
                             Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the responsible Flight Standards Office.
                        </P>
                        <P>
                            (2) 
                            <E T="03">Contacting the Manufacturer:</E>
                             For any requirement in this AD to obtain instructions from a manufacturer, the instructions must be accomplished using a method approved by the Manager, International Validation Branch, FAA; or Transport Canada; or Bombardier's Transport Canada Design Approval Organization (DAO). If approved by the DAO, the approval must include the DAO-authorized signature.
                        </P>
                        <HD SOURCE="HD1">(m) Additional Information</HD>
                        <P>
                            For more information about this AD, contact Brenda L. Buitrago, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: 516-228 7300; email: 
                            <E T="03">9-avs-nyaco-cos@faa.gov.</E>
                        </P>
                        <HD SOURCE="HD1">(n) Material Incorporated by Reference</HD>
                        <P>(1) The Director of the Federal Register approved the incorporation by reference (IBR) of the material listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.</P>
                        <P>(2) You must use this material as applicable to do the actions required by this AD, unless this AD specifies otherwise.</P>
                        <P>(3) The following material was approved for IBR on October 31, 2025 (90 FR 46330, September 26, 2025).</P>
                        <P>(i) Section 5-10-00, “Airworthiness Limitations,” of Bombardier Challenger 600 Time Limits/Maintenance Checks (TLMC), Publication No. PSP 605, Revision 39, dated January 8, 2018.</P>
                        <P>
                            <E T="04">Note 3 to paragraph (n)(3)(i)</E>
                            : For obtaining this section of Bombardier Challenger 600 TLMC, Publication No. PSP 605, use Document Identification No. CH 600 TLMC.
                        </P>
                        <P>(ii) Section 5-10-00, “Airworthiness Limitations,” of Bombardier Challenger 601 TLMC, Publication No. PSP 601-5, Revision 46, dated January 8, 2018.</P>
                        <P>
                            <E T="04">Note 4 to paragraph (n)(3)(ii):</E>
                             For obtaining this section Bombardier Challenger 601 TLMC, Publication No. PSP 601-5, use Document Identification No. CH 601 TLMC.
                        </P>
                        <P>(iii) Section 5-10-00, “Airworthiness Limitations,” of Bombardier Challenger 601 TLMC, Publication No. PSP 601A-5, Revision 42, dated January 8, 2018.</P>
                        <P>
                            <E T="04">Note 5 to paragraph (n)(3)(iii):</E>
                             For obtaining this section of Bombardier Challenger 601 TLMC, Publication No. PSP 601A-5, use Document Identification No. CH 601 TLMC-1.
                        </P>
                        <P>(iv) Part 2, “Airworthiness Limitations,” of Bombardier Challenger 604 TLMC, Publication No. CH 604 TLMC, Revision 33, dated November 22, 2022.</P>
                        <P>
                            <E T="04">Note 6 to paragraph (n)(3)(iv):</E>
                             The document identification number for ordering Bombardier Challenger 604 TLMC, Publication No. CH 604 TLMC is incorrectly identified as “CH 600 TLMC” on page 2 of the TLMC. For obtaining Part 2 of Bombardier Challenger 604 TLMC, Publication No. CH 604 TLMC, use Document Identification No. CH 604 TLMC.
                        </P>
                        <P>(v) Part 2, “Airworthiness Limitations,” of Bombardier Challenger 605 TLMC, Publication No. CH 605 TLMC, Revision 22, dated November 22, 2022.</P>
                        <P>(vi) Part 2, “Airworthiness Limitations,” of Bombardier Challenger 650 TLMC, Publication No. CH 650 TLMC, Revision 9, dated November 22, 2022.</P>
                        <P>(vii) Bombardier Temporary Revision No. 5-2-5, dated October 16, 2023.</P>
                        <P>(viii) Bombardier Temporary Revision No. 5-2-29, dated October 25, 2023.</P>
                        <P>(ix) Bombardier Temporary Revision No. 5-2-73, dated October 25, 2023.</P>
                        <P>(x) Bombardier Temporary Revision No. TR 5-164, dated December 23, 2022.</P>
                        <P>(xi) Bombardier Temporary Revision No. TR 5-165, dated October 25, 2023.</P>
                        <P>(xii) Bombardier Temporary Revision No. TR 5-268, dated December 23, 2022.</P>
                        <P>(xiii) Bombardier Temporary Revision No. TR 5-269, dated October 25, 2023.</P>
                        <P>(xiv) Bombardier Temporary Revision No. TR 5-282, dated December 23, 2022.</P>
                        <P>(xv) Bombardier Temporary Revision No. TR 5-283, dated October 25, 2023.</P>
                        <P>
                            (4) For Bombardier material identified in this AD, contact Bombardier Business Aircraft Customer Response Center, 400 Côte-Vertu Road West, Dorval, Québec H4S 1Y9, Canada; telephone 514-855-2999; email 
                            <E T="03">ac.yul@aero.bombardier.com;</E>
                             website 
                            <E T="03">https://my.bombardier.com/.</E>
                        </P>
                        <P>(5) You may view this material at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206-231-3195.</P>
                        <P>
                            (6) You may view this material at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, visit 
                            <E T="03">www.archives.gov/federal-register/cfr/ibr-locations</E>
                             or email 
                            <E T="03">fr.inspection@nara.gov.</E>
                        </P>
                    </EXTRACT>
                    <SIG>
                        <DATED>Issued on July 9, 2026.</DATED>
                        <NAME>Steven W. Thompson,</NAME>
                        <TITLE>Acting Deputy Director, Compliance &amp; Airworthiness Division, Aircraft Certification Service.</TITLE>
                    </SIG>
                </REGTEXT>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-14110 Filed 7-13-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4910-13-P</BILCOD>
        </RULE>
        <RULE>
            <PREAMB>
                <PRTPAGE P="43033"/>
                <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION</AGENCY>
                <SUBAGY>Federal Aviation Administration</SUBAGY>
                <CFR>14 CFR Part 39</CFR>
                <DEPDOC>[Docket No. FAA-2026-7217; Project Identifier AD-2025-01364-A; Amendment 39-23411; AD 2026-14-10]</DEPDOC>
                <RIN>RIN 2120-AA64</RIN>
                <SUBJECT>Airworthiness Directives; Textron Aviation Inc. Airplanes</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Aviation Administration (FAA), DOT.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Final rule.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The FAA is adopting a new airworthiness directive (AD) for certain Textron Aviation Inc., Model 408 airplanes. This AD was prompted by the manufacturer's revision of the aircraft maintenance manual (AMM) to add a detailed inspection for the horizontal stabilizer spar, and change the airplane serial effectivity for the vertical stabilizer spar detailed inspection. This AD requires revising the Airworthiness Limitations Section (ALS) of the existing AMM or instructions for continued airworthiness (ICA) and the existing approved maintenance or inspection program, as applicable. The FAA is issuing this AD to address the unsafe condition on these products.</P>
                </SUM>
                <EFFDATE>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>This AD is effective August 18, 2026.</P>
                </EFFDATE>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        <E T="03">AD Docket:</E>
                         You may examine the AD docket at 
                        <E T="03">regulations.gov</E>
                         under Docket No. FAA-2026-7217; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this final rule, any comments received, and other information. The address for Docket Operations is U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Soban Saeed, Aviation Safety Engineer, FAA, 1801 South Airport Road, Wichita, KS 67209; phone: (316) 946-4123; email: 
                        <E T="03">CCB-COS@faa.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">Background</HD>
                <P>
                    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to certain Textron Aviation Inc., Model 408 airplanes. The NPRM was published in the 
                    <E T="04">Federal Register</E>
                     on April 29, 2026 (91 FR 23023). The NPRM was prompted by a report from Textron Aviation Inc., that an undetected crack could develop in the horizontal and vertical stabilizers forward and aft spars on certain Model 408 airplanes due to a quality escape from the supplier during manufacturing. The NPRM was further prompted by the manufacturer's revision of the AMM to introduce a detailed inspection for the horizontal stabilizer spar, and a revision to the airplane serial effectivity for the vertical stabilizer spar detailed inspection. In the NPRM, the FAA proposed to require revising the ALS of the existing AMM or ICA and the existing approved maintenance or inspection program, as applicable.
                </P>
                <P>The unsafe condition, if not addressed, could result in reduced structural integrity of the airplane or reduced controllability of the airplane with possible loss of control of the airplane. The FAA is issuing this AD to address the unsafe condition on these products.</P>
                <HD SOURCE="HD1">Discussion of Final Airworthiness Directive</HD>
                <HD SOURCE="HD1">Comments</HD>
                <P>The FAA received no comments on the NPRM or on the determination of the costs.</P>
                <HD SOURCE="HD1">Conclusion</HD>
                <P>The FAA reviewed the relevant data, considered any comments received, and determined that air safety requires adopting this AD as proposed. Accordingly, the FAA is issuing this AD to address the unsafe condition on these products. Except for minor editorial changes, this AD is adopted as proposed in the NPRM. None of the changes will increase the economic burden on any operator.</P>
                <HD SOURCE="HD1">Costs of Compliance</HD>
                <P>The FAA estimates that this AD affects 28 airplanes of U.S. registry.</P>
                <P>The FAA estimates the following costs to comply with this AD:</P>
                <GPOTABLE COLS="5" OPTS="L2,nj,i1" CDEF="s40,r50,9,9,11">
                    <TTITLE>Estimated Costs</TTITLE>
                    <BOXHD>
                        <CHED H="1">Action</CHED>
                        <CHED H="1">Labor cost</CHED>
                        <CHED H="1">Parts cost</CHED>
                        <CHED H="1">
                            Cost per
                            <LI>product</LI>
                        </CHED>
                        <CHED H="1">
                            Cost on U.S.
                            <LI>operators</LI>
                        </CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">Revise the ALS</ENT>
                        <ENT>1 work-hour × $85 per hour = $85</ENT>
                        <ENT>$0</ENT>
                        <ENT>$85</ENT>
                        <ENT>$2,380</ENT>
                    </ROW>
                </GPOTABLE>
                <HD SOURCE="HD1">Authority for This Rulemaking</HD>
                <P>Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. Subtitle VII: Aviation Programs, describes in more detail the scope of the Agency's authority.</P>
                <P>The FAA is issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701: General requirements. Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action.</P>
                <HD SOURCE="HD1">Regulatory Findings</HD>
                <P>This AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect 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.</P>
                <P>For the reasons discussed above, I certify that this AD:</P>
                <P>(1) Is not a “significant regulatory action” under Executive Order 12866,</P>
                <P>(2) Will not affect intrastate aviation in Alaska, and</P>
                <P>(3) Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.</P>
                <LSTSUB>
                    <HD SOURCE="HED">List of Subjects in 14 CFR Part 39</HD>
                    <P>Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.</P>
                </LSTSUB>
                <HD SOURCE="HD1">The Amendment</HD>
                <P>Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:</P>
                <PART>
                    <PRTPAGE P="43034"/>
                    <HD SOURCE="HED">PART 39—AIRWORTHINESS DIRECTIVES</HD>
                </PART>
                <REGTEXT TITLE="14" PART="39">
                    <AMDPAR>1. The authority citation for part 39 continues to read as follows:</AMDPAR>
                    <AUTH>
                        <HD SOURCE="HED">Authority:</HD>
                        <P> 49 U.S.C. 106(g), 40113, 44701.</P>
                    </AUTH>
                </REGTEXT>
                <SECTION>
                    <SECTNO>§ 39.13</SECTNO>
                    <SUBJECT>[Amended]</SUBJECT>
                </SECTION>
                <REGTEXT TITLE="14" PART="39">
                    <AMDPAR>2. The FAA amends § 39.13 by adding the following new airworthiness directive:</AMDPAR>
                    <EXTRACT>
                        <FP SOURCE="FP-2">
                            <E T="04">2026-14-10 Textron Aviation Inc.:</E>
                             Amendment 39-23411; Docket No. FAA-2026-7217; Project Identifier AD-2025-01364-A.
                        </FP>
                        <HD SOURCE="HD1">(a) Effective Date</HD>
                        <P>This airworthiness directive (AD) is effective August 18, 2026.</P>
                        <HD SOURCE="HD1">(b) Affected ADs</HD>
                        <P>None.</P>
                        <HD SOURCE="HD1">(c) Applicability</HD>
                        <P>This AD applies to Textron Aviation Inc. Model 408 airplanes, serial numbers -0012 through -0051, certificated in any category.</P>
                        <HD SOURCE="HD1">(d) Subject</HD>
                        <P>Joint Aircraft System Component (JASC) Code 5530, Vertical Stabilizer Structure; 5510, Horizontal Stabilizer Structure.</P>
                        <HD SOURCE="HD1">(e) Unsafe Condition</HD>
                        <P>This AD was prompted by the manufacturer's revision of the aircraft maintenance manual (AMM) to introduce a detailed inspection for the horizontal stabilizer spar, and a change to the airplane serial effectivity for the vertical stabilizer spar detailed inspection. The FAA is issuing this AD to detect and address cracks in the horizontal and vertical stabilizers forward and aft spars. The unsafe condition, if not addressed, could result in reduced structural integrity of the airplane or reduced controllability of the airplane with possible loss of control of the airplane.</P>
                        <HD SOURCE="HD1">(f) Compliance</HD>
                        <P>Comply with this AD within the compliance times specified, unless already done.</P>
                        <HD SOURCE="HD1">(g) Airworthiness Limitations Section (ALS) Revision</HD>
                        <P>Within 150 hours time-in-service or 12 months after the effective date of this AD, whichever occurs first: Revise the ALS of the existing AMM or instructions for continued airworthiness and the existing approved maintenance or inspection program, as applicable, by incorporating the information identified in table 1 to paragraph (g) of this AD.</P>
                        <GPOTABLE COLS="6" OPTS="L2,nj,i1" CDEF="s35,r50,r25,r25,12,r35">
                            <TTITLE>
                                Table 1 to Paragraph (
                                <E T="01">g</E>
                                )—Revised Model 408 Airworthiness Limitation Tasks
                            </TTITLE>
                            <BOXHD>
                                <CHED H="1">Task number</CHED>
                                <CHED H="1">Task title</CHED>
                                <CHED H="1">Interval</CHED>
                                <CHED H="1">
                                    Inspection
                                    <LI>document</LI>
                                </CHED>
                                <CHED H="1">Zone</CHED>
                                <CHED H="1">
                                    Serial
                                    <LI>effectivity</LI>
                                </CHED>
                            </BOXHD>
                            <ROW>
                                <ENT I="01">55-10-00-221</ENT>
                                <ENT>Horizontal Stabilizer Spar Detailed Inspection</ENT>
                                <ENT>1600 flight hours</ENT>
                                <ENT>4-12-MB</ENT>
                                <ENT>351, 352</ENT>
                                <ENT>-0012 through -0040.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">55-30-00-221</ENT>
                                <ENT>Vertical Stabilizer Spar Detailed Inspection</ENT>
                                <ENT>1600 flight hours</ENT>
                                <ENT>4-12-MB</ENT>
                                <ENT>341, 342, 343</ENT>
                                <ENT>-0012 through -0051.</ENT>
                            </ROW>
                        </GPOTABLE>
                        <P>
                            <E T="04">Note 1 to paragraph (g):</E>
                             Additional guidance for accomplishing the actions required by this AD can be found in Textron Aviation Inc. Service Letter SL408-04-01, dated December 8, 2025.
                        </P>
                        <HD SOURCE="HD1">(h) Provisions for Alternative Actions and Intervals</HD>
                        <P>After the action required by paragraph (g) of this AD has been performed, no alternative actions and associated thresholds and intervals are allowed unless they are approved as specified in the provisions of paragraph (i) of this AD.</P>
                        <HD SOURCE="HD1">(i) Alternative Methods of Compliance (AMOCs)</HD>
                        <P>
                            (1) The Manager, Central Certification Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the manager of the Central Certification Branch, send it to the attention of the person identified in paragraph (j)(1) of this AD and email to: 
                            <E T="03">AMOC@faa.gov.</E>
                        </P>
                        <P>(2) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office.</P>
                        <HD SOURCE="HD1">(j) Additional Information</HD>
                        <P>
                            (1) For more information about this AD, contact Soban Saeed, Aviation Safety Engineer, FAA, 1801 South Airport Road, Wichita, KS 67209; phone: (316) 946-4123; email: 
                            <E T="03">CCB-COS@faa.gov.</E>
                        </P>
                        <P>
                            (2) For material identified in this AD that is not incorporated by reference, contact Textron Aviation Inc., P.O. Box 7706, Wichita, KS 67277; phone: (316) 517-6215; email: 
                            <E T="03">citationpubs@txtav.com;</E>
                             website: 
                            <E T="03">ww2.txtav.com/technicalpublications/.</E>
                        </P>
                        <HD SOURCE="HD1">(k) Material Incorporated by Reference</HD>
                        <P>None.</P>
                    </EXTRACT>
                </REGTEXT>
                <SIG>
                    <DATED>Issued on July 9, 2026.</DATED>
                    <NAME>Steven W. Thompson,</NAME>
                    <TITLE>Acting Deputy Director, Compliance &amp; Airworthiness Division, Aircraft Certification Service.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-14109 Filed 7-13-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4910-13-P</BILCOD>
        </RULE>
        <RULE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF COMMERCE</AGENCY>
                <SUBAGY>Bureau of Industry and Security</SUBAGY>
                <CFR>15 CFR Parts 740, 742, and 774</CFR>
                <DEPDOC>[Docket No. 260710-0168]</DEPDOC>
                <RIN>RIN 0694-AK54</RIN>
                <SUBJECT>Enhanced Favorable Treatment for the United Arab Emirates Under the Export Administration Regulations</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Bureau of Industry and Security, Department of Commerce.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Final rule.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        In this final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to provide enhanced favorable treatment for the United Arab Emirates (UAE). Specifically, BIS is removing the UAE from Country Groups D:3 and D:4 and adding the UAE to Country Group A:5. More license exceptions will now be available, including Strategic Trade Authorization (STA) for the UAE Government and approved commercial entities in the UAE. STA will authorize the export, reexport, or transfer (in-country) of military items; certain commercial satellites and spacecraft; and dual-use items useful in, 
                        <E T="03">inter alia,</E>
                         oil and gas production, desalination, and civil nuclear power generation. The UAE Government and approved commercial entities will also have license-free access to advanced computing items, consistent with the May 2025 U.S.-UAE Artificial Intelligence Cooperation framework, without compromising U.S. digital infrastructure buildout.
                    </P>
                </SUM>
                <EFFDATE>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>This rule is effective July 10, 2026.</P>
                </EFFDATE>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        For questions on this rule, contact Philip Johnson, Chief of Staff, Export Administration, at 
                        <E T="03">RPD2@bis.doc.gov</E>
                         or (202) 482-2440.
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">Background</HD>
                <P>
                    For decades, the United States and the UAE have worked together to advance 
                    <PRTPAGE P="43035"/>
                    mutual strategic interests, in particular countering the malign activities of the Islamic Republic of Iran (Iran) and its regional proxies, including Hamas, Hezbollah, and the Houthis. In September 2024, the United States formally designated the UAE as a Major Defense Partner and concluded a framework agreement to bolster U.S. and UAE military interoperability and defense trade. Most recently, the UAE played a key role advancing U.S. interests during Operation Epic Fury. Additionally, the UAE is a critical global commercial and logistics hub, acting as the largest U.S. trading partner in the Middle East and a location of choice for U.S. companies seeking to establish a presence in the region. The UAE is also a major source of foreign direct investment in the United States, valued at over $1 trillion, and benefiting U.S. economic sectors such as artificial intelligence (AI), aviation, metals, and energy.
                </P>
                <P>In light of these close military and commercial ties, the United States and the UAE have long worked together to develop the UAE's own technology protection measures. In May 2025, the United States and the UAE entered into a technology cooperation deal to ensure robust U.S.-UAE cooperation in critical technologies, including AI and semiconductors. Today, the UAE is a regional leader in its implementation of a strategic trade control system that ensures military equipment, chemical and biological items, missile technology, nuclear technology, and other sensitive items are imported, exported, and transshipped in accordance with applicable laws and regulations. BIS maintains an Export Control Officer presence in the UAE and works closely with UAE authorities to monitor trade of sensitive U.S. goods and technology to ensure illicit procurement networks do not take advantage of the UAE's favorable status under the EAR and highly connected multi-modal logistics network to divert such items contrary to U.S. national security and foreign policy interests.</P>
                <HD SOURCE="HD1">Amendments to the EAR</HD>
                <P>Consistent with the close U.S.-UAE military and commercial partnership, and in recognition of the UAE's commitment to implementing effective export controls to protect sensitive technology, BIS is amending the EAR to provide enhanced favorable treatment to the UAE and facilitate secure access by trusted entities in the UAE to some of the most sensitive items subject to the EAR. This rule makes the following amendments to the EAR to accomplish these policy objectives: (1) removes the UAE from Country Groups D:3 (Chemical &amp; Biological) and D:4 (Missile Technology), (2) adds the UAE to Country Group A:5 with eligibility for License Exception STA for the UAE Government and approved commercial entities, and (3) maintains license requirements for advanced computing items destined to or within the UAE, except for UAE Government agencies as well as approved UAE commercial entities and U.S.-headquartered AI entities identified in supplement no. 8 to part 740 and subsidiaries of such U.S.-headquartered AI companies.</P>
                <HD SOURCE="HD2">Status of the UAE Under the EAR Prior to This Final Rule</HD>
                <P>
                    Prior to the effective date of this final rule, the UAE was listed in EAR Country Group B and listed under two Country Group D designations, 
                    <E T="03">i.e.,</E>
                     D:3 and D:4. Placement in Country Group B makes the UAE eligible for certain license exceptions for the export and reexport of commodities, software, and technology subject to the EAR, provided certain conditions are met. In particular, License Exception Shipments to Country Group B Countries (GBS) is available for the export and reexport to the UAE of certain items controlled for National Security Column 2 (NS2) reasons (see §§ 740.4 and 742.4 of the EAR). In addition, License Exception Shipments of Limited Value (LVS) authorizes the export and reexport to the UAE of certain items controlled for national security (NS) or chemical and biological weapons (CB) reasons, subject to certain value limits. License Exception Technology and Software under Restriction (TSR) authorizes the export and reexport to the UAE of NS-controlled software and technology provided certain conditions are met, such as the requirement to obtain a written assurance regarding, 
                    <E T="03">inter alia,</E>
                     reexports of the direct product of such software or technology.
                </P>
                <P>However, while placement in Country Group B gave the UAE benefits, the UAE's placement in Country Group D:3 and D:4 simultaneously imposed certain restrictions on the use of license exceptions for exports or reexports to the UAE. License Exception Temporary Imports, Exports, Reexports, and Transfers (in-country) (TMP) was not available for shipments in transit through the United States destined to the UAE, or for temporary exports to the UAE for marketing or display purposes, for items controlled for CB or missile technology (MT) reasons. For example, a MT-controlled unmanned aerial vehicle (UAV) could not be exported for display at a defense trade show in the UAE under TMP. Likewise, license exceptions GOV and APR were generally unavailable and use of license exceptions TSU and AVS was restricted for the export or reexport of MT-controlled items to the UAE. Additionally, certain provisions of license exceptions ACE and BAG were unavailable for exports and reexports to the UAE.</P>
                <P>The UAE's placement in Country Group D:4 resulted in additional end-use restrictions under § 744.3 of the EAR for the export, reexport, or transfer (in-country) of items to or within the UAE, when such items were intended for use in missile systems, including rockets or UAVs, capable of a range of at least 300 kilometers, or with indeterminate range and payload capabilities. Similar restrictions applied to U.S. persons' support of such missile-related end uses in the UAE under § 744.6 of the EAR.</P>
                <HD SOURCE="HD2">Revisions to Country Group D</HD>
                <P>With this final rule, the UAE is removed from Country Groups D:3 and D:4 in supplement no. 1 to part 740 of the EAR. Additional exports, reexports, and transfers (in-country) of items controlled for CB or MT reasons will now be authorized to the UAE under license exceptions, including TMP, GOV, TSU, AVS, and APR. Additionally, the UAE will not be subject to restrictions on specific activities of U.S. persons related to missile systems under § 744.6(b)(2) of the EAR and the end-use restrictions in § 744.3(a)(1) and (3) related to missile systems will also not apply to exports, reexports, and transfers (in-country) to or within the UAE. Additional provisions of license exceptions ACE and BAG will also be available for the UAE. The removal of the UAE from Country Group D:3 and D:4 does not remove any CCL-based license requirements for the UAE. For example, MT-controlled items will still require an EAR authorization for exports and reexports subject to the EAR, but additional license exceptions will be available for the UAE for such items. The same will also be true for CB-controlled items.</P>
                <HD SOURCE="HD2">Revision to Country Group A</HD>
                <P>
                    To provide for additional license exception eligibility, this final rule adds the UAE to Country Group A:5 in supplement no. 1 to part 740 of the EAR. This rule adds a Footnote 5 to the UAE entry in the Country Group A chart with a reference to new § 740.2(a)(26), which limits the availability of License Exception STA for exports, reexports, and transfers (in-country) to or within the UAE. Specifically, § 740.2(a)(26) 
                    <PRTPAGE P="43036"/>
                    specifies that License Exception STA, under the provisions of paragraph (c)(1), which are available to or within destinations in Country Group A:5, is only available for exports, reexports, or transfers (in-country) to or within the UAE where the ultimate consignee and all end users, as defined in § 748.5(e) and (f), are approved entities listed in supplement no. 8 to part 740—Approved Ultimate Consignee and End Users for Advanced Computing Items and/or License Exception STA in the UAE. With this change, the UAE Government and approved commercial entities in the UAE are now eligible, as specified in supplement no. 8, for exports, reexports, and transfers (in-country) of items controlled for NS, CB, nuclear nonproliferation (NP), regional stability (RS), crime control (CC), and significant items (SI) reasons, including deemed exports and deemed reexports to UAE nationals, provided the terms and conditions of License Exception Strategic Trade Authorization (STA) are met (see § 740.20 of the EAR) and the export, reexport, or transfer (in-country) is not otherwise restricted under any of the general restrictions on the use of license exceptions under § 740.2. This change will allow the UAE Government and approved commercial entities in the UAE to have license-free access, to the extent specified in each entity's entry in supplement no. 8 to part 740, to certain items, including military items, commercial space-related items, and certain advanced dual-use items usable in semiconductor packaging, oil and gas production, and civil nuclear power generation, subject to certain conditions and recordkeeping requirements for authorization under License Exception STA. Use of License Exception STA for exports, reexports, and transfers (in-country) to approved entities in the UAE will support key UAE commercial and infrastructure needs and better equip the UAE defense establishment to support U.S. interests in the Middle East.
                </P>
                <P>Commercial entities in the UAE wishing to become approved for use of License Exception STA may submit a request for an advisory opinion to BIS consistent with the provisions of § 748.3(c). BIS's determination will be based on a case-by-case assessment of U.S. national security and foreign policy interests, including the applicant's compliance capabilities and track record.</P>
                <P>Government agencies of the UAE, including the Ministry of Defense and Armed Forces, are approved recipient entities for full use of License Exception STA (see § 740.20(c)(1)) as of July 10, 2026. This approval of UAE government agencies does not extend to government-owned corporations or contractors/grantees of UAE government agencies. Additionally, the U.S.-headquartered AI companies and their UAE-based subsidiaries specified in the table to paragraph (c) of supplement no. 8 to part 740 are likewise approved recipient entities for full use of License Exception STA. This will allow such entities to receive security equipment, such as thermal imaging cameras, and certain other relevant CCL items to enable data center buildouts in the UAE under License Exception STA.</P>
                <HD SOURCE="HD2">Enforcement of License Requirements for Advanced Computing Items</HD>
                <P>
                    Although § 742.6(a)(6)(iii)(A) of the EAR specifies a worldwide license requirement for certain advanced computing items (ECCNs 3A090.a, 4A090.a, and related “.z” paragraph items), consistent with guidance issued on May 13, 2025 (
                    <E T="03">bis.gov/press-release/department-commerce-announces-rescission-biden-era-artificial-intelligence-diffusion-rule-strengthens</E>
                    ) and May 31, 2026 (
                    <E T="03">https://www.bis.gov/media/documents/bis-guidance-may-31-2026.pdf</E>
                    ), BIS is only enforcing this license requirement to destinations in Country Groups D:1, D:4, or D:5 (excluding those also specified in Country Groups A:5 or A:6), and to entities headquartered in or with an ultimate parent headquartered in Country Group D:5 or Macau, wherever located. With this final rule, the UAE is removed from Country Group D:4 and added to Country Group A:5. Nevertheless, BIS will continue enforcing the license requirement for exports, reexports, and transfers (in-country) of advanced computing items specified in § 742.6(a)(6)(iii)(A) to or within the UAE, except when the ultimate consignee and all end users are UAE Government entities or approved commercial entities listed in supplement no. 8 to part 740 and specified as approved to receive such advanced computing items license-free. Finally, BIS is also maintaining controls on 3A090.b, 4A090.b, and related “.z” paragraph items destined to or within the UAE, except when destined to the UAE Government or approved commercial entities in the UAE. Because the UAE is removed from Country Group D:4 in this final rule, BIS in this final rule is revising § 742.6(a)(6)(iii)(B) of the EAR to retain license requirements for these “.b” advanced computing items for the UAE, except for transactions in which the ultimate consignee and all end users are approved entities listed in supplement no. 8 to part 740 and specified as approved to receive such advanced computing items.
                </P>
                <P>Commercial entities in the UAE seeking approval to receive advanced computing items license-free consistent with § 742.6(a)(6)(iii)(A)-(B), including U.S.-headquartered AI entities, may submit a request for an advisory opinion to BIS consistent with the provisions of § 748.3(c). Approval of U.S.-headquartered AI entities shall extend to the subsidiaries of such approved entities. As of July 10, 2026, UAE government agencies are eligible recipients of advanced computing items license-free. Likewise, two UAE-based AI companies are also approved recipients of such items license-free, as specified in the table to paragraph (b) of supplement no. 8 to part 740. If the two UAE-based AI companies fail to become U.S. companies on or before April 6, 2027, they will need to apply for authorization pursuant to the § 748.3(c) process to maintain their approved status. Finally, certain U.S.-headquartered AI companies and their UAE-based subsidiaries, as listed in the table to paragraph (c) of supplement no. 8 to part 740 are authorized recipients of advanced computing items license-free. However, BIS notes that approval in supplement no. 8 to part 740 does not overcome the end-use and end-user based license requirements in part 744 of the EAR.</P>
                <P>In addition, BIS intends to favorably review export license applications involving the UAE-headquartered company MGX, for the export of semiconductors and servers to the UAE.</P>
                <HD SOURCE="HD1">Export Control Reform Act of 2018</HD>
                <P>On August 13, 2018, the President signed into law the John S. McCain National Defense Authorization Act for Fiscal Year 2019, which included the Export Control Reform Act of 2018 (ECRA) (50 U.S.C. 4801-4852). ECRA provides the legal basis for BIS's principal authorities and serves as the authority under which BIS issues this rule. In particular, Section 1753 of ECRA (50 U.S.C. 4812) authorizes the regulation of exports, reexports, and transfers (in-country) of items subject to U.S. jurisdiction.</P>
                <HD SOURCE="HD1">Rulemaking Requirements</HD>
                <P>1. This rule has been determined to be not significant pursuant to E.O. 12866 and is exempt from the requirements of E.O. 14192 because it is not a significant regulatory action under E.O. 12866.</P>
                <P>
                    2. Notwithstanding any other provision of law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with, a collection of information subject 
                    <PRTPAGE P="43037"/>
                    to the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
                    <E T="03">et seq.</E>
                    ) (PRA), unless that collection of information displays a currently valid Office of Management and Budget (OMB) Control Number. Because additional license exceptions will be available for exports, reexports, and transfers (in-country) to or within the UAE as a result of this final rule, BIS anticipates a decrease in approximately 50 license applications per year, resulting in a decrease in 25 burden hours and a cost savings of $950 under collection 0694-0088. BIS anticipates an increase in burden hours under collection 0694-0137 as a direct result of the increase in use of license exceptions in lieu of submitting applications to BIS for individually-validated licenses. BIS does not anticipate changes in the 0694-0096 or 0607-0152 collections as a result of the changes included in this final rule as records must be kept for shipments under licenses and license exceptions, and exports made under License Exception STA will still require filings in the Automated Export System to the same extent as shipments under a BIS license.
                </P>
                <P>• 0694-0088, “Simplified Network Application Processing System,” which carries a burden- hour estimate of 29.7 minutes for a manual or electronic submission;</P>
                <P>• 0694-0137 “License Exceptions and Exclusions,” which carries a burden-hour estimate average of 1.5 hours per submission;</P>
                <P>• 0694-0096 “Five Year Records Retention Period,” which carries a burden-hour estimate of less than 1 minute; and</P>
                <P>• 0607-0152 “Automated Export System (AES) Program,” which carries a burden-hour estimate of 3 minutes per electronic submission.</P>
                <P>
                    Additional information regarding these collections of information—including all background materials—can be found at 
                    <E T="03">https://www.reginfo.gov/public/do/PRAMain</E>
                     and using the search function to enter either the title of the collection or the OMB Control Number.
                </P>
                <P>3. This rule does not contain policies with federalism implications as that term is defined in Executive Order 13132.</P>
                <P>4. Pursuant to section 1762 of the Export Control Reform Act of 2018, this action is exempt from the Administrative Procedure Act (5 U.S.C. 553) requirements for notice of proposed rulemaking, opportunity for public participation, and delay in effective date.</P>
                <P>
                    5. Because a notice of proposed rulemaking and an opportunity for public comment are not required to be given for this rule by 5 U.S.C. 553, or by any other law, the analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601, 
                    <E T="03">et seq.,</E>
                     are not applicable. Accordingly, no regulatory flexibility analysis is required, and none has been prepared.
                </P>
                <LSTSUB>
                    <HD SOURCE="HED">List of Subjects</HD>
                    <CFR>15 CFR Part 740</CFR>
                    <P>Administrative practice and procedure, Exports, Reporting and recordkeeping requirements.</P>
                    <CFR>15 CFR Part 742</CFR>
                    <P>Exports, Terrorism.</P>
                    <CFR>15 CFR Part 774</CFR>
                    <P>Exports, Reporting and recordkeeping requirements.</P>
                </LSTSUB>
                <P>Accordingly, parts 740, 742, and 774 of the Export Administration Regulations (15 CFR parts 730-774) are amended as follows:</P>
                <PART>
                    <HD SOURCE="HED">PART 740—LICENSE EXCEPTIONS</HD>
                </PART>
                <REGTEXT TITLE="15" PART="740">
                    <AMDPAR>1. The authority citation for 15 CFR part 740 continues to read as follows:</AMDPAR>
                    <AUTH>
                        <HD SOURCE="HED">Authority: </HD>
                        <P>
                            50 U.S.C. 4801-4852; 50 U.S.C. 4601 
                            <E T="03">et seq.;</E>
                             50 U.S.C. 1701 
                            <E T="03">et seq.;</E>
                             22 U.S.C. 7201 
                            <E T="03">et seq.;</E>
                             E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228.
                        </P>
                    </AUTH>
                </REGTEXT>
                <REGTEXT TITLE="15" PART="740">
                    <AMDPAR>2. Section 740.2 is amended by adding paragraph (a)(26) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 740.2</SECTNO>
                        <SUBJECT>Restrictions on all License Exceptions.</SUBJECT>
                        <P>(a) * * *</P>
                        <P>(26) The item being exported, reexported, or transferred (in-country) under License Exception STA is destined to or within the UAE and either the ultimate consignee or any end user is not an approved entity listed in supplement no. 8 to this part and specified as approved for License Exception STA.</P>
                        <STARS/>
                    </SECTION>
                </REGTEXT>
                <REGTEXT TITLE="15" PART="740">
                    <AMDPAR>3. Supplement 1 to part 740—Country Groups is amended by:</AMDPAR>
                    <AMDPAR>a. Revising the table Country Group A by adding an entry for United Arab Emirates; and</AMDPAR>
                    <AMDPAR>b. Revising the table Country Group D by removing the entry for United Arab Emirates, including removing the “X” under the columns [D: 3] Chemical &amp; Biological and [D: 4] Missile Technology for the United Arab Emirates.</AMDPAR>
                    <P>The addition reads as follows:</P>
                    <HD SOURCE="HD1"> Supplement No. 1 to Part 740—Country Groups </HD>
                    <GPOTABLE COLS="7" OPTS="L1,i1" CDEF="s25,15,15,9,9,6,6">
                        <TTITLE>Country Group A</TTITLE>
                        <BOXHD>
                            <CHED H="1">Country</CHED>
                            <CHED H="1">
                                [A:1]
                                <LI>Wassenaar</LI>
                                <LI>participating</LI>
                                <LI>
                                    states 
                                    <SU>1</SU>
                                </LI>
                            </CHED>
                            <CHED H="1">
                                [A:2]
                                <LI>Missile</LI>
                                <LI>technology</LI>
                                <LI>control</LI>
                                <LI>
                                    regime 
                                    <SU>2</SU>
                                </LI>
                            </CHED>
                            <CHED H="1">
                                [A:3]
                                <LI>Australia</LI>
                                <LI>group</LI>
                            </CHED>
                            <CHED H="1">
                                [A:4]
                                <LI>Nuclear</LI>
                                <LI>suppliers</LI>
                                <LI>
                                    group 
                                    <SU>3</SU>
                                </LI>
                            </CHED>
                            <CHED H="1">[A:5]</CHED>
                            <CHED H="1">[A:6].</CHED>
                        </BOXHD>
                        <ROW>
                            <ENT I="22"> </ENT>
                        </ROW>
                        <ROW>
                            <ENT I="28">*         *         *         *         *         *         *         </ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01" O="xl">
                                United Arab Emirates.
                                <SU>5</SU>
                            </ENT>
                            <ENT O="xl"/>
                            <ENT O="xl"/>
                            <ENT O="xl"/>
                            <ENT O="xl"/>
                            <ENT>X</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="22"> </ENT>
                        </ROW>
                        <ROW>
                            <ENT I="28">*         *         *         *         *         *         *         </ENT>
                        </ROW>
                        <TNOTE>   *         *         *         *         *         *</TNOTE>
                        <TNOTE>
                            <SU>1</SU>
                             Country Group A:1 is a list of the Wassenaar Arrangement Participating States, except for Malta, Russia and Ukraine.
                        </TNOTE>
                        <TNOTE>
                            <SU>2</SU>
                             Country Group A:2 is a list of the Missile Technology Control Regime countries, except for Russia.
                        </TNOTE>
                        <TNOTE>
                            <SU>3</SU>
                             Country Group A:4 is a list of the Nuclear Suppliers Group countries, except for the People's Republic of China (PRC), Russia, and Belarus.
                        </TNOTE>
                        <TNOTE>
                            <SU>4</SU>
                             For purposes of this supplement, as well as any other EAR provision that references the Country Groups, the designations for Ukraine also apply to the Crimea region of Ukraine. See § 746.6(c) of the EAR for an exhaustive listing of license exceptions that are available for the Crimea region of Ukraine. The Crimea region of Ukraine includes the land territory in that region as well as any maritime area over which sovereignty, sovereign rights, or jurisdiction is claimed based on purported annexation of that land territory.
                        </TNOTE>
                        <TNOTE>
                            <SU>5</SU>
                             Consistent with § 740.2(a)(26), License Exception STA (see § 740.20) is only available to approved entities in the UAE. See supplement no. 8 to part 740 for a list of approved entities in the UAE eligible for License Exception STA.
                        </TNOTE>
                    </GPOTABLE>
                    <PRTPAGE P="43038"/>
                    <STARS/>
                </REGTEXT>
                <REGTEXT TITLE="15" PART="740">
                    <AMDPAR>4. Add Supplement 8 to Part 740—Approved Ultimate Consignees and End Users for Advanced Computing Items and/or License Exception STA in the UAE to read as follows.</AMDPAR>
                    <HD SOURCE="HD1">Supplement 8 to Part 740—Approved Ultimate Consignees and End Users for Advanced Computing Items and/or License Exception STA in the UAE</HD>
                    <P>
                        This supplement specifies the ultimate consignees and end users in the UAE that may, as specified, receive certain advanced computing items license-free consistent with § 742.6(a)(6)(iii)(A)-(B) or items under License Exception STA, provided that in the case of License Exception STA, the export, reexport, or transfer (in-country) is not otherwise restricted under any of the general restrictions under § 740.2 and meets all of the applicable terms and conditions of License Exception STA. See §§ 740.2(a)(26) and 740.20. Other parties to the transaction, 
                        <E T="03">i.e.,</E>
                         purchaser or intermediate consignee, do not need to be specified in this supplement in order to be parties to transactions made under License Exception STA. Ultimate consignees and end users in the UAE that seek to become approved to receive advanced computing items license-free or for use of License Exception STA by being specified under this supplement, including U.S.-headquartered entities operating in the UAE, may submit a request for an advisory opinion to BIS consistent with the provisions of § 748.3(c). Within 30 days of receiving a request, the Secretary of Commerce, in consultation with the Secretary of State and the Assistant to the President for National Security Affairs, shall determine whether the entity should be approved for addition to this supplement and the scope of any such authorization (
                        <E T="03">i.e.,</E>
                         for the receipt of advanced computing items license-free, for use of License Exception STA, or both). Within 5 days of a determination, BIS will notify the entity requesting the advisory opinion of the determination and, if approved, initiate the process to add the requestor to the approved entities listed in this supplement no. 8 to part 740.
                    </P>
                    <P>
                        (a) 
                        <E T="03">Government agencies.</E>
                         Government agencies of the UAE, including the Ministry of Defense and Armed Forces, are approved entities to receive advanced computing items license-free consistent with § 742.6(a)(6)(iii)(A)-(B) and to receive all other eligible items pursuant to full use of License Exception STA as of July 10, 2026. This approval does not extend to UAE state-owned corporations or to contractors or grantees of UAE government agencies.
                    </P>
                    <P>
                        (b) 
                        <E T="03">Other UAE ultimate consignees and end users.</E>
                         In addition to the government agencies specified in paragraph (a) of this supplement, the ultimate consignees and end users in the UAE specified in the table to paragraph (b) of this supplement may receive items license-free consistent with § 742.6(a)(6)(iii)(A)-(B) and/or under License Exception STA, as specified.
                    </P>
                    <GPOTABLE COLS="4" OPTS="L2,nj,tp0,i1" CDEF="s100,r50,r75,r50">
                        <TTITLE> </TTITLE>
                        <BOXHD>
                            <CHED H="1">Entity</CHED>
                            <CHED H="1">Address</CHED>
                            <CHED H="1">Authorization</CHED>
                            <CHED H="1">
                                <E T="02">Federal Register</E>
                            </CHED>
                        </BOXHD>
                        <ROW>
                            <ENT I="01">Group 42 Holding Ltd d/b/a/G42, including G42 Cloud Technology LLC</ENT>
                            <ENT>[RESERVED]</ENT>
                            <ENT>Advanced Computing Items Consistent with § 742.6(a)(6)(iii)(A)-(B)</ENT>
                            <ENT>
                                91 FR [INSERT FR PAGE NUMBER],
                                <LI>7/10/2026.</LI>
                            </ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Core42 Technology Projects LLC d/b/a/ Core42</ENT>
                            <ENT>[RESERVED]</ENT>
                            <ENT>Advanced Computing Items Consistent with § 742.6(a)(6)(iii)(A)-(B)</ENT>
                            <ENT>
                                91 FR [INSERT FR PAGE NUMBER],
                                <LI>7/10/2026.</LI>
                            </ENT>
                        </ROW>
                    </GPOTABLE>
                    <NOTE>
                        <HD SOURCE="HED">
                            <E T="03">Note 1 to paragraph (b):</E>
                              
                        </HD>
                        <P>The address column is included in the table to assist exporters, reexporters, and transferors to more easily identify the specified entities, but exporters, reexporters, and transferors are advised that an approved ultimate consignee or end user specified in this table may receive an item under License Exception STA at any of their addresses in the UAE.</P>
                    </NOTE>
                    <NOTE>
                        <HD SOURCE="HED">Note 2 to paragraph (b):</HD>
                        <P> Absent subsequent notice by BIS, the authorization provided for G42 and Core42 in this supplement shall automatically expire on April 6, 2027.</P>
                    </NOTE>
                    <P>
                        (c) 
                        <E T="03">Certain U.S.-headquartered AI companies and their subsidiaries.</E>
                         U.S.-headquartered AI companies specified in the table to paragraph (c) of this supplement, as well as their subsidiaries, may, as specified, receive advanced computing items license-free consistent with § 742.6(a)(6)(iii)(A)-(B) and to receive all other eligible items pursuant to full use of License Exception STA.
                    </P>
                    <GPOTABLE COLS="3" OPTS="L2,nj,tp0,i1" CDEF="s25,r75,r75">
                        <TTITLE> </TTITLE>
                        <BOXHD>
                            <CHED H="1">Entity</CHED>
                            <CHED H="1">Authorization</CHED>
                            <CHED H="1">
                                <E T="02">Federal Register</E>
                            </CHED>
                        </BOXHD>
                        <ROW>
                            <ENT I="01">Amazon.com, Inc</ENT>
                            <ENT>Advanced Computing Items Consistent with § 742.6(a)(6)(iii)(A)-(B); License Exception STA</ENT>
                            <ENT>91 FR [INSERT FR PAGE NUMBER], 7/14/2026.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Apple, Inc</ENT>
                            <ENT>Advanced Computing Items Consistent with § 742.6(a)(6)(iii)(A)-(B); License Exception STA</ENT>
                            <ENT>91 FR [INSERT FR PAGE NUMBER], 7/14/2026.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Google LLC</ENT>
                            <ENT>Advanced Computing Items Consistent with § 742.6(a)(6)(iii)(A)-(B); License Exception STA</ENT>
                            <ENT>91 FR [INSERT FR PAGE NUMBER], 7/14/2026.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Meta Platforms, Inc</ENT>
                            <ENT>Advanced Computing Items Consistent with § 742.6(a)(6)(iii)(A)-(B); License Exception STA</ENT>
                            <ENT>91 FR [INSERT FR PAGE NUMBER], 7/14/2026.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Microsoft Corporation</ENT>
                            <ENT>Advanced Computing Items Consistent with § 742.6(a)(6)(iii)(A)-(B); License Exception STA</ENT>
                            <ENT>91 FR [INSERT FR PAGE NUMBER], 7/14/2026.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">OpenAI Group PBC</ENT>
                            <ENT>Advanced Computing Items Consistent with § 742.6(a)(6)(iii)(A)-(B); License Exception STA</ENT>
                            <ENT>91 FR [INSERT FR PAGE NUMBER], 7/14/2026.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Oracle Corporation</ENT>
                            <ENT>Advanced Computing Items Consistent with § 742.6(a)(6)(iii)(A)-(B); License Exception STA</ENT>
                            <ENT>91 FR [INSERT FR PAGE NUMBER], 7/14/2026.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">X.AI LLC</ENT>
                            <ENT>Advanced Computing Items Consistent with § 742.6(a)(6)(iii)(A)-(B); License Exception STA</ENT>
                            <ENT>91 FR [INSERT FR PAGE NUMBER], 7/14/2026.</ENT>
                        </ROW>
                    </GPOTABLE>
                </REGTEXT>
                <PART>
                    <PRTPAGE P="43039"/>
                    <HD SOURCE="HED">PART 742—CONTROL POLICY—CCL BASED CONTROLS</HD>
                </PART>
                <REGTEXT TITLE="15" PART="742">
                    <AMDPAR>6. The authority citation for 15 CFR part 742 is revised to read as follows:</AMDPAR>
                    <AUTH>
                        <HD SOURCE="HED">Authority: </HD>
                        <P>
                            50 U.S.C. 4801-4852; 50 U.S.C. 4601 
                            <E T="03">et seq.;</E>
                             50 U.S.C. 1701 
                            <E T="03">et seq.;</E>
                             22 U.S.C. 3201 
                            <E T="03">et seq.;</E>
                             42 U.S.C. 2139a; 22 U.S.C. 7201 
                            <E T="03">et seq.;</E>
                             22 U.S.C. 7210; Sec. 1503, Pub. L. 108-11, 117 Stat. 559; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; Presidential Determination 2003-23, 68 FR 26459, 3 CFR, 2004 Comp., p. 320; Notice of November 5, 2025, 90 FR 50737 (November 7, 2025).
                        </P>
                    </AUTH>
                </REGTEXT>
                <REGTEXT TITLE="15" PART="742">
                    <AMDPAR>7. § 742.6 is amended by revising paragraph (a)(6)(iii)(B) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 742.6 </SECTNO>
                        <SUBJECT>Regional Stability</SUBJECT>
                        <P>(a) * * *</P>
                        <P>(6) * * *</P>
                        <P>(iii) * * *</P>
                        <P>
                            (B) 
                            <E T="03">License Requirement for the United Arab Emirates (UAE) and Country Groups</E>
                        </P>
                        <P>
                            <E T="03">D:1, D:4, or D:5 (excluding destinations also specified in Country Groups A:5 or A:6).</E>
                             A license is required to export, reexport, or transfer (in-country) items specified in ECCNs 3A001.z.1.b, z.2.b, z.3.b, z.4.b; 3A090.b; 3D001 (for “software” for commodities controlled by 3A001.z.1.b, z.2.b, z.3.b, z.4.b; 3A090.b); 3E001 (for “technology” for commodities controlled by 3A001.z.1.b, z.2.b, z.3.b, z.4.b, or 3A090.b); 4A003.z.1.b, z.2.b; 4A004.z.2; 4A005.z.2; 4A090.b; 4D001 (for “software” for commodities controlled by 4A003.z.1.b, z.2.b, 4A004.z.2, and 4A005.z.2); 4D090 (for “software” for commodities controlled by 4A090.b); 4E001 (for commodities controlled by 4A003.z.1.b, z.2.b, 4A004.z.2, 4A005.z.2, 4A090.b or “software” specified by 4D001 (for 4A003.z.1.b, z.2.b, 4A004.z.2, or 4A005.z.2), or 4D090 (for “software” for commodities controlled by 4A090.b)); 5A002.z.1.b, z.2.b, z.3.b, z.4.b, z.5.b; 5A004.z.1.b, z.2.b; 5A992.z.2; 5D002.z.1.b, z.2.b, z.3.b, z.4.b, z.5.b, z.6.b, z.7.b, z.8.b, and z.9.b; 5D992.z.2; 5E002 (for “technology” for commodities controlled by 5A002.z.1.b, z.2.b, z.3.b, z.4.b, z.5.b or 5A004.z.1.b, z.2.b or “software” specified by 5D002 (for 5A002. z.1.b, z.2.b, z.3.b, z.4.b, z.5.b or 5A004.z.1.b, z.2.b commodities)); or 5E992 (for “technology” for commodities controlled by 5A992.z.2 or “software” controlled by 5D992.z.2.) to or within the UAE or a destination in Country Groups D:1, D:4, or D:5 (excluding destinations also specified in Country Groups A:5 or A:6), except that a license is not required when the ultimate consignee and all end users are approved entities in the UAE listed in supplement no. 8 to part 740 and specified as approved to receive the items covered by this paragraph.
                        </P>
                        <STARS/>
                    </SECTION>
                </REGTEXT>
                <PART>
                    <HD SOURCE="HED">PART 774—THE COMMERCE CONTROL LIST</HD>
                </PART>
                <REGTEXT TITLE="15" PART="774">
                    <AMDPAR>8. The authority citation for 15 CFR part 774 continues to read as follows:</AMDPAR>
                    <AUTH>
                        <HD SOURCE="HED">Authority: </HD>
                        <P>
                            50 U.S.C. 4801-4852; 50 U.S.C. 4601 
                            <E T="03">et seq.;</E>
                             50 U.S.C. 1701 
                            <E T="03">et seq.;</E>
                             10 U.S.C. 8720; 10 U.S.C. 8730(e); 22 U.S.C. 287c, 22 U.S.C. 3201 
                            <E T="03">et seq.;</E>
                             22 U.S.C. 6004; 42 U.S.C. 2139a; 15 U.S.C. 1824; 50 U.S.C. 4305; 22 U.S.C. 7201 
                            <E T="03">et seq.;</E>
                             22 U.S.C. 7210; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228.
                        </P>
                    </AUTH>
                </REGTEXT>
                <REGTEXT TITLE="15" PART="774">
                    <AMDPAR>
                        9. In Supplement No. 1 to part 774, in ECCNs 3A001, 3A090, 3D001, 4A003, 4A004, 4A005, 4A090, 4D001, 4D090, 4E001, 5A002, 5A992, 5A004, 5D002, 5D992, 5E002, 5E992, in the License Requirements section under the Country Chart column wherever the text “To or within destinations specified in Country Groups D:1, D:4, and D:5 of supplement no. 1 to part 740 of the EAR, excluding any destination also specified in Country Groups A:5 or A:6. 
                        <E T="03">See</E>
                         § 742.6(a)(6)(iii)(B) of the EAR” in RS Control(s) paragraph, remove this text and add in its place the text, “To or within the United Arab Emirates or destinations specified in Country Groups D:1, D:4, and D:5 of supplement no. 1 to part 740 of the EAR, excluding any destination also specified in Country Groups A:5 or A:6. 
                        <E T="03">See</E>
                         § 742.6(a)(6)(iii)(B) of the EAR.”
                    </AMDPAR>
                </REGTEXT>
                <SIG>
                    <NAME>Jeffrey I. Kessler,</NAME>
                    <TITLE>Under Secretary for Industry and Security.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-14132 Filed 7-10-26; 11:15 am]</FRDOC>
            <BILCOD>BILLING CODE 3510-33-P</BILCOD>
        </RULE>
        <RULE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF HOMELAND SECURITY</AGENCY>
                <SUBAGY>Coast Guard</SUBAGY>
                <CFR>33 CFR Part 165</CFR>
                <DEPDOC>[Docket Number USCG-2026-0927]</DEPDOC>
                <RIN>RIN 1625-AA00</RIN>
                <SUBJECT>Safety Zone; Dyes Inlet, Silverdale, WA</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Coast Guard, DHS.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Temporary final rule.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Coast Guard is establishing a temporary safety zone for navigable waters on Dyes Inlet, Washington on July 24, 2026. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards associated with an overwater fireworks display. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Sector Puget Sound.</P>
                </SUM>
                <EFFDATE>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>This rule is effective from 9:30 p.m. through 11 p.m. on July 24, 2026.</P>
                </EFFDATE>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        To view documents mentioned in this preamble as being available in the docket, go to 
                        <E T="03">https://www.regulations.gov,</E>
                         type USCG-2026-0927 in the search box and click “Search.” Next, in the Document Type column, select “Supporting &amp; Related Material.”
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        If you have questions about this rule, contact Lieutenant Anthony Pinto, Sector Puget Sound Waterways Management Division, U.S. Coast Guard; telephone 206-827-4839, or email 
                        <E T="03">SectorPugetSoundWWM@uscg.mil.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">I. Table of Abbreviations</HD>
                <EXTRACT>
                    <FP SOURCE="FP-1">CFR Code of Federal Regulations</FP>
                    <FP SOURCE="FP-1">COTP Captain of the Port</FP>
                    <FP SOURCE="FP-1">DHS Department of Homeland Security</FP>
                    <FP SOURCE="FP-1">FR Federal Register</FP>
                    <FP SOURCE="FP-1">NPRM Notice of proposed rulemaking</FP>
                    <FP SOURCE="FP-1">§ Section </FP>
                    <FP SOURCE="FP-1">U.S.C. United States Code</FP>
                </EXTRACT>
                <HD SOURCE="HD1">II. Background and Authority</HD>
                <P>The Coast Guard is issuing this temporary rule under the authority in 5 U.S.C. 553(b)(B). This statutory provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are “impracticable, unnecessary, or contrary to the public interest.” The Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because prompt action is required to respond to potential hazards associated with a fireworks display in Dyes Inlet, Washington. This rule is an annual event in 33 CFR 165.1332; however, the request for this year's safety zone was not received within the timeframe specified in that regulation. It is impracticable to publish an NPRM because we must establish this safety zone by July 24, 2026.</P>
                <P>
                    Therefore, the Coast Guard is issuing this rule under authority in 46 U.S.C. 70034. The Captain of the Port Sector Puget Sound (COTP) has determined that potential safety hazards associated with the fireworks display necessitate 
                    <PRTPAGE P="43040"/>
                    the establishment of the safety zone to protect personnel, vessels, and the marine environment in the navigable waters of Dyes Inlet, Washington, immediately before, during, and after the fireworks display.
                </P>
                <P>
                    For the same reason, the Coast Guard finds that under 5 U.S.C. 553(d)(3), good cause exists for making this rule effective less than 30 days after publication in the 
                    <E T="04">Federal Register</E>
                    .
                </P>
                <HD SOURCE="HD1">III. Discussion of the Rule</HD>
                <P>This rule establishes a safety zone from 9:30 p.m. through 11 p.m. on July 24, 2026. The zone encompasses all navigable waters within a 450-yard radius of a fixed point near the launch site-position 47.6399305556, −122.6943722222 in Dyes Inlet, Washington. The duration of the safety zone is intended to protect personnel, vessels, and the marine environment in these navigable waters before, during, and after the fireworks display. No vessel or person may enter the safety zone without obtaining permission from the COTP or a designated representative.</P>
                <HD SOURCE="HD1">IV. Regulatory Analyses</HD>
                <P>We developed this rule after considering numerous statutes and Executive orders related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive orders.</P>
                <HD SOURCE="HD2">A. Impact on Small Entities</HD>
                <P>The regulatory flexibility analysis provisions of the Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, do not apply to rules that are not subject to notice and comment. Because the Coast Guard has, for good cause, waived the notice and comment requirement that would otherwise apply to this rulemaking, the Regulatory Flexibility Act's flexibility analysis provisions do not apply here.</P>
                <P>
                    Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), if this rule will affect your small business, organization, or governmental jurisdiction and you have questions, contact the person listed in the 
                    <E T="02">FOR FURTHER INFORMATION CONTACT</E>
                     section.
                </P>
                <P>Small businesses may send comments to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards by calling 1-888-REG-FAIR (1-888-734-3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard.</P>
                <HD SOURCE="HD2">B. Collection of Information</HD>
                <P>This rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).</P>
                <HD SOURCE="HD2">C. Federalism and Indian Tribal Governments</HD>
                <P>We have analyzed this rule under Executive Order 13132, Federalism, and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in that Order.</P>
                <P>Also, this rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, 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.</P>
                <HD SOURCE="HD2">D. Unfunded Mandates Reform Act</HD>
                <P>As required by The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538), the Coast Guard certifies that this rule will not result in an annual expenditure of $100,000,000 or more (adjusted for inflation) by a State, local, or tribal government, in the aggregate, or by the private sector.</P>
                <HD SOURCE="HD2">E. Environment</HD>
                <P>
                    We have analyzed this rule under Department of Homeland Security Directive 023-01, Rev. 1, associated implementing instructions, and Environmental Planning COMDTINST 5090.1 (series), which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
                    <E T="03">et seq.</E>
                    ), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment.
                </P>
                <P>This rule involves a safety zone lasting only one and a half (1.5) hours that will prohibit entry within a 450-yard radius of the barge at position 47.6399305556,−122.6943722222 being used by the fireworks display company. It is categorically excluded from further review under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A Record of Environmental Consideration supporting this determination is available in the docket.</P>
                <LSTSUB>
                    <HD SOURCE="HED">List of Subjects in 33 CFR Part 165</HD>
                    <P>Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways.</P>
                </LSTSUB>
                <P>For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows:</P>
                <PART>
                    <HD SOURCE="HED">PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS</HD>
                </PART>
                <REGTEXT TITLE="33" PART="165">
                    <AMDPAR>1. The authority citation for part 165 continues to read as follows:</AMDPAR>
                    <AUTH>
                        <HD SOURCE="HED">Authority:</HD>
                        <P> 46 U.S.C. 70034, 70051; 70124; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; DHS Delegation No. 00170.1, Revision No. 01.4.</P>
                    </AUTH>
                </REGTEXT>
                <REGTEXT TITLE="33" PART="165">
                    <AMDPAR>2. Add § 165.T13-0649 to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 165.T13-0927</SECTNO>
                        <SUBJECT> Safety Zone, Dyes Inlet, Washington.</SUBJECT>
                        <P>
                            (a) 
                            <E T="03">Location.</E>
                             The following area is a safety zone: All waters within a 450-yard radius of 47.6399305556, −122.6943722222 in Dyes Inlet, Washington.
                        </P>
                        <P>
                            (b) 
                            <E T="03">Definitions.</E>
                             As used in this section, 
                            <E T="03">designated representative</E>
                             means a Coast Guard Patrol Commander, including a Coast Guard coxswain, petty officer, or other officer operating a Coast Guard vessel and a Federal, State, and local officer designated by or assisting the Captain of the Port (COTP) Puget Sound in the enforcement of the safety zone.
                        </P>
                        <P>
                            (c) 
                            <E T="03">Regulations.</E>
                             (1) Under the general safety zone regulations in subpart C of this part, you may not enter the safety zone described in paragraph (a) of this section unless authorized by the COTP or the COTP's designated representative.
                        </P>
                        <P>(2) To seek permission to enter, contact the COTP or the COTP's representative on VHF Ch 13 or Ch 16, or Coast Guard Sector Puget Sound Joint Harbor Operations Center (JHOC) via telephone at (206) 217-6002. Those in the safety zone must comply with all lawful orders or directions given to them by the COTP or the COTP's designated representative.</P>
                        <P>
                            (d) 
                            <E T="03">Enforcement period.</E>
                             This rule will be enforced from 9:30 p.m. through 11 p.m. on July 24, 2026.
                        </P>
                    </SECTION>
                </REGTEXT>
                <SIG>
                    <DATED>Dated: July 9, 2026.</DATED>
                    <NAME>Mark A. McDonnell,</NAME>
                    <TITLE>Captain, U.S. Coast Guard, Captain of the Port, Sector Puget Sound.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-14113 Filed 7-13-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 9110-04-P</BILCOD>
        </RULE>
        <RULE>
            <PREAMB>
                <PRTPAGE P="43041"/>
                <AGENCY TYPE="S">DEPARTMENT OF HOMELAND SECURITY</AGENCY>
                <SUBAGY>Coast Guard</SUBAGY>
                <CFR>33 CFR Part 165</CFR>
                <DEPDOC>[Docket Number USCG-2026-0626]</DEPDOC>
                <RIN>RIN 1625-AA00</RIN>
                <SUBJECT>Safety Zone; Charleston Harbor, Charleston, SC</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Coast Guard, Department of Homeland Security.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Temporary final rule.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Coast Guard is establishing a temporary safety zone for navigable waters of the Atlantic Ocean at the Charleston Harbor Entrance Channel, Charleston Harbor, and Cooper River within a 100-yard radius of the SS WRIGHT and all towing vessels supporting its operations. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards associated with the dead ship movement of the SS WRIGHT from the Charleston Harbor Entrance Channel to Detyens Shipyard on the Cooper River in North Charleston, SC. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port, Sector Charleston, or their designated representative.</P>
                </SUM>
                <EFFDATE>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>This rule is effective from 5 a.m. to 5 p.m. on July 15, 2026, while the SS WRIGHT is dead ship towed through the Charleston Harbor.</P>
                </EFFDATE>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        To view available documents, go to 
                        <E T="03">https://www.regulations.gov</E>
                         and search for USCG-2026-0626.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        If you have questions about this rule, contact MST2 Shelby Perry, Sector Charleston Waterways Management Division, U.S. Coast Guard; telephone 843-740-3180, or email 
                        <E T="03">Shellby.G.Perry@uscg.mil.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">I. Table of Abbreviations</HD>
                <EXTRACT>
                    <FP SOURCE="FP-1">CFR Code of Federal Regulations</FP>
                    <FP SOURCE="FP-1">COTP Captain of the Port</FP>
                    <FP SOURCE="FP-1">DHS Department of Homeland Security</FP>
                    <FP SOURCE="FP-1">FR Federal Register</FP>
                    <FP SOURCE="FP-1">NPRM Notice of proposed rulemaking</FP>
                    <FP SOURCE="FP-1">§ Section </FP>
                    <FP SOURCE="FP-1">U.S.C. United States Code</FP>
                </EXTRACT>
                <HD SOURCE="HD1">II. Background and Authority</HD>
                <P>The Coast Guard received notification that the SS WRIGHT would be arriving at the Port of Charleston as a dead ship tow. Due to the vessel being restricted in its ability to maneuver, the vessel will present additional danger to marine traffic attempting to transit the area. Therefore, the COTP is issuing this rule under the authority in 46 U.S.C. 70034, which is needed to protect personnel, vessels, and the marine environment in the navigable waters within the safety zone.</P>
                <P>Because of these potential hazards, the Coast Guard is issuing this rule without prior notice and comment. As is authorized by 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because it is impracticable. The Coast Guard was notified of this event on June 1, 2026, but we must establish this safety zone by July 15, 2026, to protect personnel, vessels, and the marine environment. Therefore, we do not have enough time to solicit and respond to comments.</P>
                <P>
                    For the same reason, the Coast Guard finds that under 5 U.S.C. 553(d)(3), good cause exists for making this rule effective less than 30 days after publication in the 
                    <E T="04">Federal Register</E>
                    .
                </P>
                <HD SOURCE="HD1">III. Discussion of the Rule</HD>
                <P>This rule establishes a safety zone from 5 a.m. to 5 p.m. on July 15, 2026, while the SS WRIGHT is making way through the Charleston Harbor. The safety zone will cover all navigable waters within 100 yards of the SS WRIGHT and all towing vessels supporting its operations. Vessels and persons will not be allowed to enter the zone during this time, unless authorized by the Captain of the Port or their designated representative.</P>
                <HD SOURCE="HD1">IV. Regulatory Analyses</HD>
                <P>We developed this rule after considering numerous statutes and Executive orders related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive orders.</P>
                <HD SOURCE="HD2">A. Impact on Small Entities</HD>
                <P>The regulatory flexibility analysis provisions of the Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, do not apply to rules that are not subject to notice and comment. Because the Coast Guard has, for good cause, waived the notice and comment requirement that would otherwise apply to this rulemaking, the Regulatory Flexibility Act's flexibility analysis provisions do not apply here.</P>
                <P>
                    Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), if this rule will affect your small business, organization, or governmental jurisdiction and you have questions, contact the person listed in the 
                    <E T="02">FOR FURTHER INFORMATION CONTACT</E>
                     section.
                </P>
                <P>Small businesses may send comments to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards by calling 1-888-REG-FAIR (1-888-734-3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard.</P>
                <HD SOURCE="HD2">B. Collection of Information</HD>
                <P>This rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).</P>
                <HD SOURCE="HD2">C. Federalism and Indian Tribal Governments</HD>
                <P>We have analyzed this rule under Executive Order 13132, Federalism, and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in that Order.</P>
                <P>Also, this rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, 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.</P>
                <HD SOURCE="HD2">D. Unfunded Mandates Reform Act</HD>
                <P>As required by The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538), the Coast Guard certifies that this rule will not result in an annual expenditure of $100,000,000 or more (adjusted for inflation) by a State, local, or tribal government, in the aggregate, or by the private sector.</P>
                <HD SOURCE="HD2">E. Environment</HD>
                <P>
                    We have analyzed this rule under Department of Homeland Security Directive 023-01, Rev. 1, associated implementing instructions, and Environmental Planning COMDTINST 5090.1 (series), which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
                    <E T="03">et seq.</E>
                    ), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment.
                </P>
                <P>
                    This rule is a safety zone. This rule involves temporary, moving safety zone on waters of the Atlantic Ocean at the Charleston Harbor Entrance Channel, Charleston Harbor, and Cooper River, 
                    <PRTPAGE P="43042"/>
                    within a 100-yard radius of the SS WRIGHT and all towing vessels supporting its operations until the vessel completes mooring at Detyens Shipyards on the Cooper River in North Charleston, SC. It is categorically excluded from further review under paragraph L60(c) because of the inherent dangers of a dead ship tow occurring throughout the Sector Charleston AOR and the need for immediate response of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A Record of Environmental Consideration supporting this determination is available in the docket.
                </P>
                <LSTSUB>
                    <HD SOURCE="HED">List of Subjects in 33 CFR Part 165</HD>
                    <P>Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways.</P>
                </LSTSUB>
                <P>For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows:</P>
                <PART>
                    <HD SOURCE="HED">PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS</HD>
                </PART>
                <REGTEXT TITLE="33" PART="165">
                    <AMDPAR>1. The authority citation for part 165 continues to read as follows:</AMDPAR>
                    <AUTH>
                        <HD SOURCE="HED">Authority:</HD>
                        <P> 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; DHS Delegation No. 00170.1, Revision No. 01.4.</P>
                    </AUTH>
                </REGTEXT>
                <REGTEXT TITLE="33" PART="165">
                    <AMDPAR>2. Add § 165.T07-0626 to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 165.T07-0626</SECTNO>
                        <SUBJECT> Safety Zone; Charleston Harbor, Charleston, SC.</SUBJECT>
                        <P>
                            (a) 
                            <E T="03">Location.</E>
                             The following area is a safety zone: The moving safety zone will include all navigable waters of the Atlantic Ocean at the Charleston Harbor Entrance Channel, Charleston Harbor, and Cooper River, within a 100-yard radius of the SS WRIGHT and all towing vessels supporting its operations, while transiting to berthing at Detyens Shipyards on the Cooper River in North Charleston, SC.
                        </P>
                        <P>
                            (b) 
                            <E T="03">Definitions.</E>
                             As used in this section, 
                            <E T="03">designated representative</E>
                             means a Coast Guard Patrol Commander, including a Coast Guard coxswain, petty officer, or other officer operating a Coast Guard vessel and a Federal, State, and local officer designated by or assisting the Captain of the Port Charleston (COTP) in the enforcement of the safety zone.
                        </P>
                        <P>
                            (c) 
                            <E T="03">Regulations.</E>
                             (1) Under the general safety zone regulations in subpart C of this part, you may not enter the safety zone described in paragraph (a) of this section unless authorized by the COTP or the COTP's designated representative.
                        </P>
                        <P>(2) To seek permission to enter, contact the COTP or the COTP's representative on VHF-FM channel 16 or by telephone at (833) 453-1621. Those in the safety zone must comply with all lawful orders or directions given to them by the COTP or the COTP's designated representative.</P>
                        <P>
                            (d) 
                            <E T="03">Enforcement period.</E>
                             This section will be enforced from 5 a.m. to 5 p.m. on July 15, 2026, while the SS WRIGHT is making way through the Charleston Harbor.
                        </P>
                    </SECTION>
                </REGTEXT>
                <SIG>
                    <NAME>S.A. Lansing,</NAME>
                    <TITLE>Captain, U.S. Coast Guard, Captain of the Port Sector Charleston. </TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-14127 Filed 7-13-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 9110-04-P</BILCOD>
        </RULE>
        <RULE>
            <PREAMB>
                <AGENCY TYPE="N">ENVIRONMENTAL PROTECTION AGENCY</AGENCY>
                <CFR>40 CFR Part 180</CFR>
                <DEPDOC>[EPA-HQ-OPP-2024-0329; FRL-13363-01-OCSPP]</DEPDOC>
                <SUBJECT>Bacteriophage Active Against Xanthomonas campestris pv. vesicatoria_EcoPhage and Bacteriophage Active Against Pseudomonas syringae pv. tomato_EcoPhage; Exemptions from the Requirement of a Pesticide Tolerance</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Environmental Protection Agency (EPA).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Final rule.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        This regulation establishes exemptions from the requirement of a tolerance for residues of Bacteriophage active against 
                        <E T="03">Xanthomonas campestris</E>
                         pv. 
                        <E T="03">vesicatoria</E>
                        _EcoPhage and Bacteriophage active against 
                        <E T="03">Pseudomonas syringae</E>
                         pv. 
                        <E T="03">tomato</E>
                        _EcoPhage in or on all food or feed commodities. Under the Federal Food, Drug, and Cosmetic Act (FFDCA), EcoPhage Ltd. submitted a petition to EPA requesting exemptions from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of these pesticides when used in accordance with the terms of the exemptions.
                    </P>
                </SUM>
                <EFFDATE>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>This rule is effective on July 14, 2026. Objections and requests for hearings must be received on or before September 14, 2026, and must be filed in accordance with the instructions provided in 40 CFR part 178 (see also Unit I.C. of this document).</P>
                </EFFDATE>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        The docket for this action, identified by docket identification (ID) number EPA-HQ-OPP-2024-0329, is available online at 
                        <E T="03">https://www.regulations.gov.</E>
                         Additional information about dockets generally, along with instructions for visiting the docket center in person, is available at 
                        <E T="03">https://www.epa.gov/dockets.</E>
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Shannon Borges, Biopesticides and Pollution Prevention Division (7511M), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave NW, Washington, DC 20460-0001; telephone number: (202) 566-2422; email address: 
                        <E T="03">Borges.Shannon@epa.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">I. Executive Summary</HD>
                <HD SOURCE="HD2">A. Does this action apply to me?</HD>
                <P>You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. The following list of North American Industrial Classification System (NAICS) codes is not intended to be exhaustive, but rather provides a guide to help readers determine whether this document might apply to them:</P>
                <P>• Crop production (NAICS code 111).</P>
                <P>• Animal production (NAICS code 112).</P>
                <P>• Food manufacturing (NAICS code 311).</P>
                <P>• Pesticide manufacturing (NAICS code 32532).</P>
                <P>
                    If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under 
                    <E T="02">FOR FURTHER INFORMATION CONTACT</E>
                    .
                </P>
                <HD SOURCE="HD2">B. What is EPA's authority for taking this action?</HD>
                <P>
                    EPA is issuing this rulemaking under section 408 of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a. FFDCA section 408(c)(2)(A)(i) allows EPA to establish an exemption from the requirement for a tolerance (the legal limit for a pesticide chemical residue in or on a food) only if EPA determines that the exemption is “safe.” FFDCA section 408(c)(2)(A)(ii) defines “safe” to mean that “there is a reasonable certainty that no harm will result from aggregate exposure to the pesticide chemical residue, including all anticipated dietary exposures and all other exposures for which there is reliable information.” This includes exposure through drinking water and in residential settings but does not include occupational exposure. Pursuant to FFDCA section 408(c)(2)(B), in establishing or maintaining in effect an exemption from the requirement of a tolerance, EPA must take into account the factors set forth in FFDCA section 
                    <PRTPAGE P="43043"/>
                    408(b)(2)(C), which require EPA to give special consideration to exposure of infants and children to the pesticide chemical residue in establishing a tolerance and to “ensure that there is a reasonable certainty that no harm will result to infants and children from aggregate exposure to the pesticide chemical residue. . . .” Additionally, FFDCA section 408(b)(2)(D) requires that the Agency consider, among other things, “available information concerning the cumulative effects of a particular pesticide's residues” and “other substances that have a common mechanism of toxicity.”
                </P>
                <HD SOURCE="HD2">C. How can I file an objection or hearing request?</HD>
                <P>Under FFDCA section 408(g), 21 U.S.C. 346a(g), any person may file an objection to any aspect of this regulation and may also request a hearing on those objections. If you fail to file an objection to the final rule within the time period specified in the final rule, you will have waived the right to raise any issues resolved in the final rule. You must file your objection or request a hearing on this regulation in accordance with the instructions provided in 40 CFR part 178. To ensure proper receipt by EPA, you must identify the docket ID number EPA-HQ-OPP-2024-0329 in the subject line on the first page of your submission. All objections and requests for a hearing must be in writing and must be received by the Hearing Clerk on or before September 14, 2026.</P>
                <P>
                    EPA's Office of Administrative Law Judges (OALJ), in which the Hearing Clerk is housed, urges parties to file and serve documents by electronic means only, notwithstanding any other particular requirements set forth in other procedural rules governing those proceedings. 
                    <E T="03">See</E>
                     “Revised Order Urging Electronic Filing and Service,” dated December 3, 2025, which can be found at 
                    <E T="03">https://www.epa.gov/system/files/documents/2025-12/2025-12-03-order-urging-electronic-filing-and-service.pdf.</E>
                     Although EPA's regulations require submission via U.S. Mail or hand delivery, EPA intends to treat submissions filed via electronic means as properly filed submissions; therefore, EPA believes the preference for submission via electronic means will not be prejudicial. When submitting documents to the OALJ electronically, a person should utilize the OALJ e-filing system at 
                    <E T="03">https://yosemite.epa.gov/oa/eab/eab-alj_upload.nsf.</E>
                </P>
                <P>
                    In addition to filing an objection or hearing request with the Hearing Clerk as described in 40 CFR part 178, please submit a copy of the filing (excluding any Confidential Business Information (CBI)) for inclusion in the public docket at 
                    <E T="03">https://www.regulations.gov.</E>
                     Follow the online instructions for submitting comments. Do not submit electronically any information you consider to be CBI or other information whose disclosure is restricted by statute. If you wish to include CBI in your request, please follow the applicable instructions at 
                    <E T="03">https://www.epa.gov/dockets/commenting-epa-dockets#rules</E>
                     and clearly mark the information that you claim to be CBI. Information not marked confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA without prior notice.
                </P>
                <HD SOURCE="HD1">II. Petitioned for Exemptions</HD>
                <P>
                    In the 
                    <E T="04">Federal Register</E>
                     of August 27, 2024 (89 FR 68571) [EPA-HQ-OPP-2024-0059; FRL-11682-07-OCSPP], EPA issued a document pursuant to FFDCA section 408, 21 U.S.C. 346a, announcing the filing of a pesticide petition (PP 4F9112) by EcoPhage Ltd., 3 Pinchas Sapir St., Ness Ziona, Israel 7403626 (c/o Spring Regulatory Sciences, 6620 Cypresswood Dr., Suite 250, Spring, TX 77379). The petition requested that 40 CFR part 180 be amended by establishing exemptions from the requirement of a tolerance for residues of Bacteriophage active against 
                    <E T="03">Xanthomonas campestris</E>
                     pv. 
                    <E T="03">vesicatoria</E>
                    _EcoPhage and Bacteriophage active against 
                    <E T="03">Pseudomonas syringae</E>
                     pv. 
                    <E T="03">tomato</E>
                    _EcoPhage in or on all food or feed commodities. That document referenced a summary of the petition prepared by the petitioner and was included in the docket for this action.
                </P>
                <P>
                    There was one comment received in response to the notice of filing that was not relevant to bacteriophage in general or to either Bacteriophage active against 
                    <E T="03">Xanthomonas campestris</E>
                     pv. 
                    <E T="03">vesicatoria</E>
                    _EcoPhage or Bacteriophage active against 
                    <E T="03">Pseudomonas syringae</E>
                     pv. 
                    <E T="03">tomato</E>
                    _EcoPhage specifically.
                </P>
                <HD SOURCE="HD1">III. Final Tolerance Actions</HD>
                <HD SOURCE="HD2">A. EPA's Safety Determination</HD>
                <P>
                    EPA evaluated the available toxicological and exposure data on Bacteriophage active against 
                    <E T="03">Xanthomonas campestris</E>
                     pv. 
                    <E T="03">vesicatoria</E>
                    _EcoPhage and Bacteriophage active against 
                    <E T="03">Pseudomonas syringae</E>
                     pv. 
                    <E T="03">tomato</E>
                    _EcoPhage and considered their validity, completeness, and reliability, as well as the relationship of this information to human risk. A full explanation of the data upon which EPA relied and its risk assessment based on those data can be found within the document titled, “Human Health Risk Assessment of Bacteriophages Active Against 
                    <E T="03">Xanthomonas campestris</E>
                     pv. 
                    <E T="03">vesicatoria</E>
                    _ECOPHAGE and 
                    <E T="03">Pseudomonas syringae</E>
                     pv. 
                    <E T="03">tomato</E>
                    _ECOPHAGE, New Active Ingredients in the End-use Product 102839-R Golden-Eco 1000 Proposed for Registration and an Associated Petition Requesting a Tolerance Exemption” or the Bacteriophage active against 
                    <E T="03">Xanthomonas campestris</E>
                     pv. 
                    <E T="03">vesicatoria</E>
                    _EcoPhage and Bacteriophage active against 
                    <E T="03">Pseudomonas syringae</E>
                     pv. 
                    <E T="03">tomato</E>
                    _EcoPhage Human Health Risk Assessment. This document, as well as other relevant information, is available in the docket for this action as described under 
                    <E T="02">ADDRESSES</E>
                    .
                </P>
                <P>
                    The available data and information demonstrated that, with regard to humans, Bacteriophage active against 
                    <E T="03">Xanthomonas campestris pv. vesicatoria</E>
                    _EcoPhage and Bacteriophage active against 
                    <E T="03">Pseudomonas syringae pv. tomato</E>
                    _EcoPhage are not anticipated to be toxic, pathogenic, or infective via any route of exposure. Furthermore, humans, including infants and children, have been exposed to bacteriophage through food and water, where they are commonly found, with no known adverse effects. Significant dietary and non-occupational exposures to residues of Bacteriophage active against 
                    <E T="03">Xanthomonas campestris pv. vesicatoria</E>
                    _EcoPhage and Bacteriophage active against 
                    <E T="03">Pseudomonas syringae pv. tomato</E>
                    _EcoPhage are not expected due to the inability of bacteriophage to persist when the specific bacterial hosts are not present and the sensitivity of bacteriophage to environmental conditions (
                    <E T="03">e.g.,</E>
                     ultraviolet light and heat). Even if dietary and non-occupational exposures to residues of Bacteriophage active against 
                    <E T="03">Xanthomonas campestris pv. vesicatoria</E>
                    _EcoPhage and Bacteriophage active against 
                    <E T="03">Pseudomonas syringae pv. tomato</E>
                    _EcoPhage were to occur, there is not a concern due the lack of potential for adverse effects. Because there are no threshold levels of concern with the toxicity, pathogenicity, or infectivity of Bacteriophage active against 
                    <E T="03">Xanthomonas campestris pv. vesicatoria</E>
                    _EcoPhage and Bacteriophage active against 
                    <E T="03">Pseudomonas syringae pv. tomato</E>
                    _EcoPhage, EPA determined that the additional margin of safety referred to as the Food Quality Protection Act Safety Factor is not necessary to protect infants and children as part of the qualitative assessment conducted.
                </P>
                <P>
                    Based upon its evaluation in the Bacteriophage active against 
                    <E T="03">Xanthomonas campestris</E>
                     pv. 
                    <E T="03">vesicatoria</E>
                    _EcoPhage and Bacteriophage active against 
                    <E T="03">Pseudomonas syringae</E>
                     pv. 
                    <E T="03">tomato</E>
                    _EcoPhage Human Health Risk Assessment, which concludes that 
                    <PRTPAGE P="43044"/>
                    there are no potential risks of concern from aggregate exposure to Bacteriophage active against 
                    <E T="03">Xanthomonas campestris</E>
                     pv. 
                    <E T="03">vesicatoria</E>
                    _EcoPhage and Bacteriophage active against 
                    <E T="03">Pseudomonas syringae</E>
                     pv. 
                    <E T="03">tomato</E>
                    _EcoPhage, EPA determines that there is a reasonable certainty that no harm will result to the U.S. population, including infants and children, from aggregate exposure to residues of Bacteriophage active against 
                    <E T="03">Xanthomonas campestris</E>
                     pv. 
                    <E T="03">vesicatoria</E>
                    _EcoPhage and Bacteriophage active against 
                    <E T="03">Pseudomonas syringae</E>
                     pv. 
                    <E T="03">tomato</E>
                    _EcoPhage. Therefore, exemptions from the requirement of a tolerance are established for residues of Bacteriophage active against 
                    <E T="03">Xanthomonas campestris</E>
                     pv. 
                    <E T="03">vesicatoria</E>
                    _EcoPhage and Bacteriophage active against 
                    <E T="03">Pseudomonas syringae</E>
                     pv. 
                    <E T="03">tomato</E>
                    _EcoPhage in or on all food or feed commodities when used in accordance with label directions and good agricultural practices.
                </P>
                <HD SOURCE="HD2">B. Analytical Enforcement Methodology</HD>
                <P>An analytical method is not required because EPA is establishing exemptions from the requirement of a tolerance without any numerical limitation.</P>
                <HD SOURCE="HD2">C. Conclusion</HD>
                <P>
                    Therefore, exemptions from the requirement of a tolerance are established for residues of Bacteriophage active against 
                    <E T="03">Xanthomonas campestris</E>
                     pv. 
                    <E T="03">vesicatoria</E>
                    _EcoPhage and Bacteriophage active against 
                    <E T="03">Pseudomonas syringae</E>
                     pv. 
                    <E T="03">tomato</E>
                    _EcoPhage in or on all food or feed commodities when used in accordance with label directions and good agricultural practices.
                </P>
                <HD SOURCE="HD1">IV. Statutory and Executive Order Reviews</HD>
                <P>
                    Additional information about these statutes and Executive Orders can be found at 
                    <E T="03">https://www.epa.gov/laws-regulations/and-executive-orders</E>
                    .
                </P>
                <HD SOURCE="HD2">A. Executive Order 12866: Regulatory Planning and Review</HD>
                <P>This action is exempt from review under Executive Order 12866 (58 FR 51735, October 4, 1993), because it establishes or modifies a pesticide tolerance or a tolerance exemption under FFDCA section 408 in response to a petition submitted to the Agency. The Office of Management and Budget (OMB) has exempted these types of actions from review under Executive Order 12866.</P>
                <HD SOURCE="HD2">B. Executive Order 14192: Unleashing Prosperity Through Deregulation</HD>
                <P>Executive Order 14192 (90 FR 9065, February 6, 2025) does not apply because actions that establish a tolerance or tolerance exemption under FFDCA section 408 are exempted from review under Executive Order 12866.</P>
                <HD SOURCE="HD2">C. Paperwork Reduction Act (PRA)</HD>
                <P>
                    This action does not impose an information collection burden under the PRA 44 U.S.C. 3501 
                    <E T="03">et seq.,</E>
                     because it does not contain any information collection activities.
                </P>
                <HD SOURCE="HD2">D. Regulatory Flexibility Act (RFA)</HD>
                <P>
                    This action is not subject to the RFA, 5 U.S.C. 601 
                    <E T="03">et seq.</E>
                     The RFA applies only to rules subject to notice and comment rulemaking requirements under the Administrative Procedure Act (APA), 5 U.S.C. 553, or any other statute. This rule is not subject to the APA but is subject to FFDCA section 408(d), which does not require notice and comment rulemaking to take this action in response to a petition.
                </P>
                <HD SOURCE="HD2">E. Unfunded Mandates Reform Act (UMRA)</HD>
                <P>This action does not contain an unfunded mandate of $100 million or more (in 1995 dollars and adjusted annually for inflation) as described in UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect small governments. The action imposes no enforceable duty on any State, local, or Tribal governments or the private sector.</P>
                <HD SOURCE="HD2">F. Executive Order 13132: Federalism</HD>
                <P>This action does not have federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999), because 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.</P>
                <HD SOURCE="HD2">G. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments</HD>
                <P>This action does not have Tribal implications as specified in Executive Order 13175 (65 FR 67249, November 9, 2000), because it will not have substantial direct effects on tribal governments, on the relationship between the Federal Government and the Indian Tribes, or on the distribution of power and responsibilities between the Federal Government and Indian Tribes.</P>
                <HD SOURCE="HD2">H. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks</HD>
                <P>This action is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), because it is not a significant regulatory action under section 3(f)(1) of Executive Order 12866, and because EPA does not believe the environmental health or safety risks addressed by this action present a disproportionate risk to children.</P>
                <P>
                    However, EPA's 2026 
                    <E T="03">Policy on Children's Health</E>
                     applies to this action. This rule finalizes tolerance actions under the FFDCA, which requires EPA to give special consideration to exposure of infants and children to the pesticide chemical residue in establishing a tolerance or tolerance exemption and to “ensure that there is a reasonable certainty that no harm will result to infants and children from aggregate exposure to the pesticide chemical residue . . .” (FFDCA 408(b)(2)(C)). The Agency's consideration is documented in the pesticide-specific review documents, located in the applicable docket at 
                    <E T="03">https://www.regulations.gov.</E>
                </P>
                <HD SOURCE="HD2">I. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution or Use</HD>
                <P>This action is not subject to Executive Order 13211 (66 FR 28355) (May 22, 2001), because it is not a significant regulatory action under Executive Order 12866.</P>
                <HD SOURCE="HD2">J. National Technology Transfer Advancement Act (NTTAA)</HD>
                <P>This action does not involve technical standards that would require Agency consideration under NTTAA section 12(d), 15 U.S.C. 272.</P>
                <HD SOURCE="HD2">K. Congressional Review Act (CRA)</HD>
                <P>
                    This action is subject to the CRA, 5 U.S.C. 801 
                    <E T="03">et seq.,</E>
                     and EPA will submit a rule report to each House of the Congress and to the Comptroller General of the United States. This action is not a “major rule” as defined by 5 U.S.C. 804(2).
                </P>
                <LSTSUB>
                    <HD SOURCE="HED">List of Subjects in 40 CFR Part 180</HD>
                    <P>Environmental protection, Administrative practice and procedure, Agricultural commodities, Pesticides and pests, Reporting and recordkeeping requirements.</P>
                </LSTSUB>
                <SIG>
                    <PRTPAGE P="43045"/>
                    <DATED>Dated: July 7, 2026.</DATED>
                    <NAME>Edward Messina,</NAME>
                    <TITLE>Director, Office of Pesticide Programs.</TITLE>
                </SIG>
                <P>For the reasons set forth in the preamble, EPA is amending 40 CFR chapter I as follows:</P>
                <PART>
                    <HD SOURCE="HED">PART 180—TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES IN FOOD</HD>
                </PART>
                <REGTEXT TITLE="40" PART="180">
                    <AMDPAR>1. The authority citation for part 180 continues to read as follows:</AMDPAR>
                    <AUTH>
                        <HD SOURCE="HED">Authority:</HD>
                        <P> 21 U.S.C. 321(q), 346a and 371.</P>
                    </AUTH>
                </REGTEXT>
                <REGTEXT TITLE="40" PART="180">
                    <AMDPAR>2. Add §§ 180.1426 and 180.1427 to subpart D to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 180.1426</SECTNO>
                        <SUBJECT>
                             Bacteriophage active against 
                            <E T="0714">Xanthomonas campestris</E>
                             pv. 
                            <E T="0714">vesicatoria</E>
                            _EcoPhage; exemption from the requirement of a tolerance.
                        </SUBJECT>
                        <P>
                            An exemption from the requirement of a tolerance is established for residues of bacteriophage active against 
                            <E T="03">Xanthomonas campestris</E>
                             pv. 
                            <E T="03">vesicatoria</E>
                            _EcoPhage in or on all food or feed commodities when used in accordance with label directions and good agricultural practices.
                        </P>
                    </SECTION>
                    <SECTION>
                        <SECTNO>§ 180.1427</SECTNO>
                        <SUBJECT>
                             Bacteriophage active against 
                            <E T="0714">Pseudomonas syringae</E>
                             pv. 
                            <E T="0714">tomato</E>
                            _EcoPhage; exemption from the requirement of a tolerance.
                        </SUBJECT>
                        <P>
                            An exemption from the requirement of a tolerance is established for residues of bacteriophage active against 
                            <E T="03">Pseudomonas syringae</E>
                             pv. 
                            <E T="03">tomato</E>
                            _EcoPhage in or on all food or feed commodities when used in accordance with label directions and good agricultural practices.
                        </P>
                    </SECTION>
                </REGTEXT>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-14114 Filed 7-13-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 6560-50-P</BILCOD>
        </RULE>
        <RULE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
                <SUBAGY>Administration for Children and Families</SUBAGY>
                <CFR>45 CFR Part 1355</CFR>
                <RIN>RIN 0970-AD19</RIN>
                <SUBJECT>Designated Placement Requirements Under Titles IV-E and IV-B for LGBTQI+ Children; Rescission</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Children's Bureau (CB), Administration on Children, Youth and Families (ACYF), Administration for Children and Families (ACF), Department of Health and Human Services (HHS).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Final rule.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        This rule finalizes the removal of the requirements issued in the 
                        <E T="03">Designated Placement Requirements Under Titles IV-E and IV-B for LGBTQI+ Children</E>
                         final rule that was published on April 30, 2024 (hereafter referred to as the 2024 final rule). The 2024 final rule required title IV-E/IV-B agencies to ensure that a Designated Placement is available for all children who self-identify with an alternative sexual orientation or self-identify as something other than their sex in foster care who request or would benefit from such a placement. Those requirements were never implemented as a result of the decision from the U.S. District Court for the Eastern District of Texas that vacated the 2024 final rule in its entirety. To ensure clarity for the public and regulated entities, ACF is removing the provisions from the Code of Federal Regulations (CFR).
                    </P>
                </SUM>
                <EFFDATE>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>This final rule is effective July 14, 2026.</P>
                </EFFDATE>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Jennifer Haight, Children's Bureau, 202-329-6464, Administration for Children and Families, Department of Health and Human Services, 
                        <E T="03">cbcomments@acf.hhs.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">Table of Contents</HD>
                <EXTRACT>
                    <FP SOURCE="FP-2">I. Statutory Authority</FP>
                    <FP SOURCE="FP-2">II. Background</FP>
                    <FP SOURCE="FP-2">III. 2026 Proposed Rule Comment Summary and Analysis</FP>
                    <FP SOURCE="FP-2">IV. Regulatory Impact Analysis</FP>
                    <FP SOURCE="FP-2">V. Tribal Consultation Statement</FP>
                </EXTRACT>
                <HD SOURCE="HD1">I. Statutory Authority</HD>
                <P>This final rule is published under the authority granted to the Secretary of HHS (the Secretary) by Section 1102 of the Social Security Act (the Act), 42 U.S.C. 1302, which authorizes the Secretary to publish regulations, not inconsistent with the Act, as may be necessary for the efficient administration of the functions entrusted to the Secretary under the Act.</P>
                <HD SOURCE="HD1">II. Background</HD>
                <HD SOURCE="HD2">2024 Designated Placements Final Rule</HD>
                <P>The 2024 final rule (89 FR 34818) added § 1355.22 to 45 CFR part 1355, requiring State and Tribal agencies administering or supervising the administration of titles IV-E and IV-B of the Act (“agencies”) to ensure that a Designated Placement is available for all children who self-identify with an alternative sexual orientation or self-identify as something other than their sex in foster care who request or would benefit from such a placement. It established procedural steps for agencies to implement Designated Placements and added requirements for foster care providers of these placements. The 2024 final rule also amended § 1355.34(c)(2)(i) requiring agencies to monitor compliance with Designated Placement requirements through the Child and Family Services Reviews (CFSR).</P>
                <HD SOURCE="HD2">Legal Challenge</HD>
                <HD SOURCE="HD3">State of Texas v. United States Department of Health &amp; Human Services, 770 F. Supp. 3d 940 (E.D. Tex. 2025)</HD>
                <P>On September 24, 2024, the State of Texas Attorney General's Office (State of Texas) filed a lawsuit against HHS alleging the 2024 final rule:</P>
                <P>• Exceeds HHS's statutory authority,</P>
                <P>• Violates the Spending Clause, and</P>
                <P>• Is arbitrary and capricious.</P>
                <P>
                    The plaintiff asked the court to vacate that final rule and requested an immediate stay of the final rule's effective date under 5 U.S.C. 705. On March 13, 2025, the court concluded that the State of Texas was likely to succeed on the merits of the case because the final rule “violates the [Administrative Procedure Act] APA in two independent ways.” 770 F. Supp. 3d at 948. First, HHS “lacked rulemaking authority to issue the Final Rule,” and second, the 2024 final rule “conflicts with the text of Title IV-E.” 
                    <E T="03">Id.</E>
                     The court stayed the final rule in its entirety nationwide, pending the conclusion of proceedings in that case, finding that the final rule imposed requirements on agencies not authorized by the statutory provisions governing the title IV-E and IV-B programs. 
                    <E T="03">Id.</E>
                     at 948-50. HHS notified agencies of the nationwide stay through emails and an Information Memorandum (IM) ACF-ACYF-CB-IM-25-03 issued April 15, 2025.
                </P>
                <P>
                    On June 13, 2025, the U.S. District Court for the Eastern District of Texas issued a final judgment, vacating the 2024 final rule in its entirety. 
                    <E T="03">See Texas</E>
                     v. 
                    <E T="03">U.S. Dep't of Health &amp; Hum. Servs.,</E>
                     Case No. 6:24-cv-348-JDK (E.D. Tex.), Doc. 37 (filed June 13, 2025) (Order and Final Judgment). For the reasons stated in the initial stay of the 2024 final rule, the court concluded that the rule exceeded HHS's statutory authority and conflicted with the text of title IV-E. The court's decision vacated the final rule in its entirety, meaning that the rule is no longer in effect and has no legal force. Due to the court's final judgment, ACF has not enforced the provisions of the 2024 final rule and notified agencies of the court's decision on November 19, 2025 through ACF-ACYF-CB-IM-25-06.
                    <PRTPAGE P="43046"/>
                </P>
                <HD SOURCE="HD1">III. 2026 Proposed Rule Comment Summary and Analysis</HD>
                <P>On March 6, 2026, ACF published a Notice of Proposed Rulemaking (NPRM, 91 FR 11017) that proposed to remove the requirements instituted by the 2024 final rule. The comment period for the NPRM was open for 30 days and closed on April 6, 2026. In response, we received a total of 1,147 comments consisting of:</P>
                <P>• One letter representing 22 congressional members;</P>
                <P>• Comments from 38 advocacy organizations, providers, religious entities, and university institutions; and</P>
                <P>• 1,108 comments from individuals, approximately 542 of which consisted of two form letters, one in support and one in opposition.</P>
                <P>
                    We also received a number of comments that were out of scope or were duplicate submissions and therefore were not counted and will not be addressed. No comments were received from States, Indian Tribes, Tribal organizations or consortiums, or organizations that represent Tribal interests. The comments are available in the docket for this action at 
                    <E T="03">https://www.regulations.gov/document/ACF-2026-0298-0001/comment.</E>
                     We reviewed and analyzed all of the NPRM comments and considered them in finalizing this rule. Below is a summary of comments received.
                </P>
                <HD SOURCE="HD2">Summary of Comments by Commenter Type</HD>
                <HD SOURCE="HD3">Congressional Members</HD>
                <P>The 22 Members of Congress who submitted a comment are opposed to the 2026 NPRM's proposed recission of the 2024 final rule. The letter stated that this population of children is overrepresented in the foster care system and that ACF has an obligation to act in the best interests of the child and ensure that all foster children have both safe and appropriate placements and safe and proper care. It states that rescinding the 2024 final rule without a proposed alternative that would maintain access to such placements and care threatens the safety and well-being of many foster youth. The letter encourages ACF to engage in rulemaking to ensure all children have meaningful access to foster care placements that are prepared to meet their needs.</P>
                <HD SOURCE="HD3">Advocacy Organizations, Providers, Religious Entities, and University Institutions</HD>
                <P>Of the 38 letters received from advocacy organizations, providers, religious entities, and university institutions (hereafter referred to as organizations), 20 were supportive of the Department's proposal to rescind the 2024 final rule and 18 were opposed. Those organizations that supported the 2026 NPRM concurred with the reasoning stated in the 2026 NPRM; given that the 2024 final rule was vacated by the court, it is important to remove the associated requirements from the Code of Federal Regulations to eliminate uncertainty and provide clarity to regulated entities regarding applicable requirements. Many of these supportive commenters were concerned about government overreach, harm to children and families, religious liberty, discrimination, and the rights of foster parents. They strongly encouraged the Department to move forward with rescinding the 2024 final rule. The 18 letters from organizations that opposed the 2026 NPRM generally expressed concern about removing what they view as protections from this population of foster youth and encouraged the Department to consider adding protections in a future rulemaking.</P>
                <HD SOURCE="HD3">Individual Commenters</HD>
                <P>We received approximately 1,108 comments from individuals, approximately 542 of which consisted of two form letters. Of those, about 508 form letters expressed support for the recission, and approximately 34 expressed opposition to the recission. Additionally, about 514 non-form letters from individuals expressed support, and about 52 non-form letters expressed opposition to the recission.</P>
                <P>In general, the supportive commenters (both via form letter and non-form letter) agreed that it was important to remove the requirements from the 2024 final rule from the CFR to remove uncertainty and provide clarity. Many of these commenters were concerned that if 45 CFR 1355.22 is not removed, it could be used as a form of “non-official guidance” during a future administration and therefore supported the recission. Other reasons for supporting the recission included that it is unconstitutional, it violates the rights of parents and children, it discriminates against religious providers and their strongly held beliefs, and it would reduce the pool of people who can be foster parents.</P>
                <P>In general, those commenters who opposed the recission believe that rescinding the 2024 final rule leaves children more vulnerable and that ACF should strengthen guidance for supportive caregiving environments, expand training for child welfare professionals, support evidence-informed interventions that promote placement stability, and improve data collection to better understand disparities.</P>
                <HD SOURCE="HD3">Analysis of Comments</HD>
                <P>We reviewed and analyzed all of the 2026 NPRM comments and considered them in finalizing this rule. In total, there were 1,147 commenters. Of those, 1,042 commenters supported the 2026 NPRM's proposal to rescind the requirements and 105 commenters opposed. We received no new information from commenters opposing the NPRM that would persuade us to consider keeping the requirements in regulation. Our conclusion, based on the support from commenters and the decision from the court, is that we have sufficient justification and support for rescinding the 2024 final rule. Thus, we are removing 45 CFR 1355.22 and rescinding the amendments to § 1355.34(c)(2)(i) to remove cross references to § 1355.22. This will ensure clarity for the public and agencies. Finalizing the 2026 NPRM's proposal is also in line with the court's decision vacating the 2024 final rule, which rendered it ineffective and unenforceable. Removing the requirements from the Code of Federal Regulations ensures that the regulations are accurate.</P>
                <HD SOURCE="HD1">IV. Regulatory Impact Analysis</HD>
                <HD SOURCE="HD2">Regulatory Planning and Review of Executive Orders 12866, 13563, and 14192</HD>
                <P>Executive Orders 12866 and 13563 direct agencies to assess all benefits and costs of available regulatory alternatives and, when regulation is necessary, to select regulatory approaches that maximize net benefits. The Office of Management and Budget (OMB) has determined that this final rule is a significant regulatory action under section 3(f) of Executive Order 12866. Executive Order 14192 requires that any new incremental costs associated with significant new regulations “shall, to the extent permitted by law, be offset by the elimination of existing costs associated with at least ten prior regulations.” This final rule is considered a deregulatory action as defined by Executive Order 14192.</P>
                <HD SOURCE="HD2">Regulatory Flexibility Analysis</HD>
                <P>
                    The Regulatory Flexibility Act (RFA; 5 U.S.C. 601 
                    <E T="03">et seq.</E>
                    ), as amended by the Small Business Regulatory Enforcement Fairness Act of 1996, requires Federal agencies to determine, to the extent feasible, a rule's impact on small entities, explore regulatory options for reducing any significant impact on a 
                    <PRTPAGE P="43047"/>
                    substantial number of such entities, and explain their regulatory approach. The term “small entities,” as defined in the RFA, comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. HHS considers a rule to have a significant impact on a substantial number of small entities if it has at least a three percent impact on revenue on at least 5 percent of small entities. The Secretary certifies, under 5 U.S.C. 605(b), as enacted by the RFA (Pub. L. 96-354), that this rulemaking will not result in a significant impact on a substantial number of small entities. This rule does not affect small entities because it is applicable only to state and tribal title IV-E/IV-B agencies and those entities are not considered to be small entities for purposes of the Regulatory Flexibility Act. Therefore, an initial regulatory flexibility analysis is not required for this rulemaking.
                </P>
                <HD SOURCE="HD2">Unfunded Mandates Reform Act</HD>
                <P>The Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. L. 104-4) was enacted to avoid imposing unfunded Federal mandates on state, local, and Tribal governments, or on the private sector. Section 202 of UMRA requires that agencies assess anticipated costs and benefits before issuing any rule whose mandates require spending in any one year of $100 million in 1995 dollars, updated annually for inflation. In 2025, that threshold is approximately $193 million. This rulemaking does not contain mandates that will impose spending costs on state, local, or Tribal governments in the aggregate, or on the private sector, in excess of the threshold.</P>
                <HD SOURCE="HD2">Executive Order 13132 on Federalism</HD>
                <P>Executive Order 13132 on Federalism requires that Federal agencies consult with state and local government officials in the development of regulatory policies with Federalism implications. In accordance with section 6 of Executive Order 13132, it is determined that this final rule does not have sufficient federalism implications to warrant the preparation of a federalism summary impact statement.</P>
                <HD SOURCE="HD2">Alternatives Considered</HD>
                <P>There are no alternatives to issuing this final rule because the 2024 final rule was vacated by the court and is not in effect.</P>
                <HD SOURCE="HD2">Assessment of Federal Regulations and Policies on Families</HD>
                <P>The Treasury and General Government Appropriations Act of 1999 (Pub. L. 105-277) requires Federal agencies to determine whether a policy or regulation may negatively affect family well-being (sec. 654, Pub. L. 105-277, 112 Stat. 2681). If the agency determines a policy or regulation negatively affects family well-being, then the agency must prepare an impact assessment addressing seven criteria specified in the law. ACF concluded it is not necessary to prepare a family policymaking assessment because this rulemaking would not have any impact on the autonomy or integrity of the family as an institution.</P>
                <HD SOURCE="HD2">Paperwork Reduction Act</HD>
                <P>This final rule does not affect any information collection requirements subject to review by OMB under the Paperwork Reduction Act of 1995 (PRA), 44 U.S.C. 3501-3520.</P>
                <HD SOURCE="HD2">Costs and Benefits</HD>
                <P>In the 2024 final rule, ACF estimated that the costs to the Federal government would be $10,827,381 over a three fiscal year period (FYs 2027-2029) for agencies to meet the requirements (89 FR 34855-34859). Projected agency costs used to calculate the total are outlined in the 2024 final rule and include increased provider recruitment costs and additional training of caseworkers and supervisors. ACF estimated that the combined total Federal and agency costs over three fiscal years would be $45,743,070. For the purposes of quantifying the economic impacts of the removal of § 1355.22 and amendments to § 1355.34(c)(2)(i), we adopt these estimates as costs that would be incurred under an analytic baseline scenario of no further regulatory action. Compared to this baseline, the impact of this final rule is to avert these costs, resulting in cost savings of a similar magnitude. To quantify the cost savings of the final rule under Executive Order 14192, we adjust the estimates to 2024 dollars using the GDP deflator and calculate present value and annualized cost savings using a 7 percent discount rate, using 2024 as the base year for discounting. Our analysis indicates this deregulatory action if finalized would result in a present value of cost savings of about $35.5 million or annualized cost savings of about $2.5 million.</P>
                <HD SOURCE="HD1">V. Tribal Consultation Statement</HD>
                <P>
                    Executive Order 13175 
                    <E T="03">Consultation and Coordination with Indian Tribal Governments,</E>
                     requires agencies to consult with Indian tribes when regulations have substantial direct effects on one or more Indian tribes, 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 and either impose substantial direct compliance costs on tribes or preempt state law. Similarly, ACF's Tribal Consultation Policy provides that consultation is triggered for a new rule adoption that significantly affects tribes, meaning the new rule adoption has substantial direct effects on one on more Indian tribes, on the amount or duration of ACF program funding, on the delivery of ACF programs or services to one or more Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. The 2024 final rule did not meet either standard for consultation, as indicated in the preamble at 89 FR 34818, and consequently this final rule does not either.
                </P>
                <LSTSUB>
                    <HD SOURCE="HED">List of Subjects in 45 CFR Part 1355</HD>
                    <P>Adoption and foster care, Child welfare, Grant programs—social programs.</P>
                </LSTSUB>
                <P>For the reasons set forth in the preamble, ACF amends 45 CFR part 1355 as follows:</P>
                <PART>
                    <HD SOURCE="HED">PART 1355—GENERAL</HD>
                </PART>
                <REGTEXT TITLE="45" PART="1355">
                    <AMDPAR>1. The authority citation for part 1355 continues to read as follows:</AMDPAR>
                    <AUTH>
                        <HD SOURCE="HED">Authority: </HD>
                        <P>
                            42 U.S.C. 620 
                            <E T="03">et seq.,</E>
                             42 U.S.C. 670 
                            <E T="03">et seq.;</E>
                             42 U.S.C. 1302. 
                        </P>
                    </AUTH>
                </REGTEXT>
                <SECTION>
                    <SECTNO>§ 1355.22</SECTNO>
                    <SUBJECT> [Removed and Reserved]</SUBJECT>
                </SECTION>
                <REGTEXT TITLE="45" PART="1355">
                    <AMDPAR>2. Remove and reserve § 1355.22. </AMDPAR>
                </REGTEXT>
                <REGTEXT TITLE="45" PART="1355">
                    <AMDPAR>3. Amend § 1355.34 by revising paragraph (c)(2)(i) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1355.34 </SECTNO>
                        <SUBJECT>Criteria for determining substantial conformity.</SUBJECT>
                        <STARS/>
                        <P>(c) * * *</P>
                        <P>(2) * * *</P>
                        <P>
                            (i) Provide, for each child, a written case plan to be developed jointly with the child's parent(s) that includes provisions: for placing the child in the least restrictive, most family-like placement appropriate to his/her needs, and in close proximity to the parents' home where such placement is in the child's best interests; for visits with a child placed out of State/Tribal service area at least every 12 months by a caseworker of the agency or of the agency in the State/Tribal service area where the child is placed; and for documentation of the steps taken to 
                            <PRTPAGE P="43048"/>
                            make and finalize an adoptive or other permanent placement when the child cannot return home (sections 422(b)(8)(A)(ii), 471(a)(16) and 475(5)(A) of the Act);
                        </P>
                        <STARS/>
                    </SECTION>
                </REGTEXT>
                <SIG>
                    <NAME>Robert F. Kennedy, Jr.,</NAME>
                    <TITLE>Secretary, Department of Health and Human Services.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-14131 Filed 7-13-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE;P</BILCOD>
        </RULE>
    </RULES>
    <VOL>91</VOL>
    <NO>133</NO>
    <DATE>Tuesday, July 14, 2026</DATE>
    <UNITNAME>Proposed Rules</UNITNAME>
    <PRORULES>
        <PRORULE>
            <PREAMB>
                <PRTPAGE P="43049"/>
                <AGENCY TYPE="F">DEPARTMENT OF TRANSPORTATION</AGENCY>
                <SUBAGY>Federal Aviation Administration</SUBAGY>
                <CFR>14 CFR Part 39</CFR>
                <DEPDOC>[Docket No. FAA-2026-7212; Project Identifier MCAI-2023-00628-R]</DEPDOC>
                <RIN>RIN 2120-AA64</RIN>
                <SUBJECT>Airworthiness Directives; Leonardo S.p.a Helicopters</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Aviation Administration (FAA), DOT.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of proposed rulemaking (NPRM).</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The FAA proposes to supersede Airworthiness Directive (AD) 2021-12-10, which applies to certain Leonardo S.p.a. Model AB139 and AW139 helicopters. AD 2021-12-10 requires installing a placard on the primary stretcher unit. Since the FAA issued AD 2021-12-10, Aerolite (the manufacturer of the stretcher unit), developed a modification of the primary stretcher unit to improve its structural properties. This proposed AD would require the installation of a certain placard depending on the configuration of the primary stretcher unit. The proposed AD would also require revising the existing rotorcraft flight manual (RFM) for the helicopter. This proposed AD would also revise the applicability to only include Leonardo S.p.a. Model AB139 and AW139 helicopters, modified by FAA Supplemental Type Certificate (STC) SR04384NY. The FAA is proposing this AD to address the unsafe condition on these products.</P>
                </SUM>
                <EFFDATE>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>The FAA must receive comments on this NPRM by August 28, 2026.</P>
                </EFFDATE>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, by any of the following methods:</P>
                    <P>
                        • 
                        <E T="03">Federal eRulemaking Portal:</E>
                         Go to 
                        <E T="03">regulations.gov.</E>
                         Follow the instructions for submitting comments.
                    </P>
                    <P>
                        • 
                        <E T="03">Fax:</E>
                         (202) 493-2251.
                    </P>
                    <P>
                        • 
                        <E T="03">Mail:</E>
                         U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.
                    </P>
                    <P>
                        • 
                        <E T="03">Hand Delivery:</E>
                         Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.
                    </P>
                    <P>
                        <E T="03">AD Docket:</E>
                         You may examine the AD docket at 
                        <E T="03">regulations.gov</E>
                         under Docket No. FAA-2026-7212; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this NPRM, the mandatory continuing airworthiness information (MCAI), any comments received, and other information. The street address for Docket Operations is listed above.
                    </P>
                    <P>
                        <E T="03">Material Incorporated by Reference:</E>
                    </P>
                    <P>
                        • For Aerolite material identified in this proposed AD, contact Aerolite AG, Aumühlestrasse 10, CH-6373 Ennetbürgen, Switzerland; phone: +41 (0)41 624 58 58; fax: +41 (0)41 624 58 59; email: 
                        <E T="03">info@aerolite.ch.</E>
                    </P>
                    <P>• You may view this material at the FAA, Airworthiness Products Section, Operational Safety Branch, 10101 Hillwood Parkway, Fort Worth, TX 76177. For information on the availability of this material at the FAA, call (817) 222-5110.</P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Ramasamy Rangan, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: (817) 222-4126; email: 
                        <E T="03">ramasamy.rangan@faa.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">Comments Invited</HD>
                <P>
                    The FAA invites you to send any written relevant data, views, or arguments about this proposal. Send your comments using a method listed under 
                    <E T="02">ADDRESSES</E>
                    . Include “Docket No. FAA-2026-7212; Project Identifier MCAI-2023-00628-R” at the beginning of your comments. The most helpful comments reference a specific portion of the proposal, explain the reason for any recommended change, and include supporting data. The FAA will consider all comments received by the closing date and may amend the proposal because of those comments.
                </P>
                <P>
                    Except for Confidential Business Information (CBI) as described in the following paragraph, and other information as described in 14 CFR 11.35, the FAA will post all comments received, without change, to 
                    <E T="03">regulations.gov</E>
                    , including any personal information you provide. The agency will also post a report summarizing each substantive verbal contact received about this NPRM.
                </P>
                <HD SOURCE="HD1">Confidential Business Information</HD>
                <P>CBI is commercial or financial information that is both customarily and actually treated as private by its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public disclosure. If your comments responsive to this NPRM contain commercial or financial information that is customarily treated as private, that you actually treat as private, and that is relevant or responsive to this NPRM, it is important that you clearly designate the submitted comments as CBI. Please mark each page of your submission containing CBI as “PROPIN.” The FAA will treat such marked submissions as confidential under the FOIA, and they will not be placed in the public docket of this NPRM. Submissions containing CBI should be sent to Ramasamy Rangan, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590. Any commentary that the FAA receives which is not specifically designated as CBI will be placed in the public docket for this rulemaking.</P>
                <HD SOURCE="HD1">Background</HD>
                <P>The FAA issued AD 2021-12-10, Amendment 39-21597 (86 FR 30153, June 7, 2021) (AD 2021-12-10), for all Leonardo S.p.a. Model AB139 and AW139 helicopters, with 3-stretcher kit part number (P/N) 139084-501 installed. AD 2021-12-10 was prompted by an MCAI originated by the European Union Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union. EASA issued EASA AD 2021-0095 dated March 31, 2021 (EASA AD 2021-0095) to correct an unsafe condition identified as a design deficiency which affects the primary stretcher unit of the 3-stretcher kit P/N 139084-501.</P>
                <P>
                    AD 2021-12-10 requires installing a placard on the primary stretcher stating a limitation for the maximum allowable weight of the occupant on the primary stretcher. The FAA issued AD 2021-12-10 to address a design deficiency that 
                    <PRTPAGE P="43050"/>
                    affects the primary stretcher unit of the 3-stretcher kit.
                </P>
                <HD SOURCE="HD1">Actions Since AD 2021-12-10 Was Issued</HD>
                <P>Since the FAA issued AD 2021-12-10, EASA superseded EASA AD 2021-0095 and issued EASA AD 2023-0088, dated April 26, 2023 (EASA AD 2023-0088) (also referred to as the MCAI), for all Leonardo S.p.A. Helicopters Model AB139 and AW139 helicopters, if modified by EASA STC 10017231 Revision 1 or Revision 2, or STC EASA.R.S.01403 (installation of 3-stretcher kit P/N 139084-501). The MCAI states a modification was developed that improves the structural properties of the stretcher and the primary stretcher unit, which is embodied in service. The MCAI further states a modification placard P/N 015390-001 is required to be installed to prevent the (re)installation of an affected stretcher.</P>
                <P>The unsafe condition, if not addressed, could lead to failure of the primary stretcher unit during an emergency landing, which could result in injury to helicopter occupants.</P>
                <P>
                    You may examine the MCAI in the AD docket at 
                    <E T="03">regulations.gov</E>
                     under Docket No. FAA-2026-7212.
                </P>
                <HD SOURCE="HD1">Material Incorporated by Reference Under 1 CFR Part 51</HD>
                <P>The FAA reviewed Aerolite Service Bulletin SB-21-017, Revision D, dated April 11, 2023 (SB-21-017 Rev D). This material specifies procedures for modifying the 3-stretcher unit assembly and installing placards on the primary stretcher unit.</P>
                <P>The FAA also reviewed Aerolite FMS-07-008 Flight Manual Supplement for Agusta Helicopter Model AB/AW139 3-Stretcher Kit P/N 139084-501 EASA.R.S01403, Revision B, dated March 27, 2023. This material specifies procedures for installing a placard on the forward 3-stretcher unit stating the maximum allowable patient weight.</P>
                <P>
                    The FAA also reviewed Aerolite Alert Service Bulletin ASB-21-006, dated March 16, 2021 (ASB-21-006), which the 
                    <E T="04">Federal Register</E>
                     approved ASB-21-006 for incorporation by reference as of June 22, 2021 (86 FR 30153, June 7, 2021).
                </P>
                <P>
                    This material is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the 
                    <E T="02">ADDRESSES</E>
                     section.
                </P>
                <HD SOURCE="HD1">FAA's Determination</HD>
                <P>These products have been approved by the civil aviation authority of another country and are approved for operation in the United States. Pursuant to the FAA's bilateral agreement with this State of Design Authority, that authority has notified the FAA of the unsafe condition described in the MCAI referenced above. The FAA is issuing this NPRM after determining that the unsafe condition described previously is likely to exist or develop on other products of the same type design.</P>
                <HD SOURCE="HD1">Proposed AD Requirements in This NPRM</HD>
                <P>This proposed AD would require the installation of a placard for certain primary stretcher units installed and would require revising the RFM by incorporating a rotorcraft flight manual supplement (RFMS), which incorporates the weight limitation of the stretcher unit or prevents the (re)installation of an affected stretcher, if the primary stretcher has been modified. This proposed AD would also revise the applicability to Leonardo S.p.a. Model AB139 and AW139 helicopters, modified by FAA STC SR04384NY.</P>
                <HD SOURCE="HD1">Costs of Compliance</HD>
                <P>The FAA estimates that this proposed AD, if adopted as proposed, would affect 11 helicopters of U.S. registry.</P>
                <P>The FAA estimates the following costs to comply with this proposed AD:</P>
                <GPOTABLE COLS="5" OPTS="L2,nj,i1" CDEF="s35,r50,9,9,11">
                    <TTITLE>Estimated Costs</TTITLE>
                    <BOXHD>
                        <CHED H="1">Action</CHED>
                        <CHED H="1">Labor cost</CHED>
                        <CHED H="1">
                            Parts
                            <LI>cost</LI>
                        </CHED>
                        <CHED H="1">
                            Cost per
                            <LI>product</LI>
                        </CHED>
                        <CHED H="1">
                            Cost on U.S.
                            <LI>operators</LI>
                        </CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">Install placard</ENT>
                        <ENT>1 work-hour × $85 per hour = $85</ENT>
                        <ENT>$50</ENT>
                        <ENT>$135</ENT>
                        <ENT>$1,485</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Revise the RFM</ENT>
                        <ENT>1 work-hour × $85 per hour = $85</ENT>
                        <ENT>0</ENT>
                        <ENT>85</ENT>
                        <ENT>935</ENT>
                    </ROW>
                </GPOTABLE>
                <HD SOURCE="HD1">Authority for This Rulemaking</HD>
                <P>Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. Subtitle VII: Aviation Programs, describes in more detail the scope of the Agency's authority.</P>
                <P>The FAA is issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701: General requirements. Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action.</P>
                <HD SOURCE="HD1">Regulatory Findings</HD>
                <P>The FAA determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would not have a substantial direct effect 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.</P>
                <P>For the reasons discussed above, I certify this proposed regulation:</P>
                <P>(1) Is not a “significant regulatory action” under Executive Order 12866,</P>
                <P>(2) Would not affect intrastate aviation in Alaska, and</P>
                <P>(3) Would not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.</P>
                <LSTSUB>
                    <HD SOURCE="HED">List of Subjects in 14 CFR Part 39</HD>
                    <P>Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.</P>
                </LSTSUB>
                <HD SOURCE="HD1">The Proposed Amendment</HD>
                <P>Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows:</P>
                <PART>
                    <HD SOURCE="HED">PART 39—AIRWORTHINESS DIRECTIVES</HD>
                </PART>
                <AMDPAR>1. The authority citation for part 39 continues to read as follows:</AMDPAR>
                <AUTH>
                    <HD SOURCE="HED">Authority:</HD>
                    <P> 49 U.S.C. 106(g), 40113, 44701.</P>
                </AUTH>
                <SECTION>
                    <SECTNO>§ 39.13</SECTNO>
                    <SUBJECT>[Amended]</SUBJECT>
                </SECTION>
                <AMDPAR>
                    2. The FAA amends § 39.13 by:
                    <PRTPAGE P="43051"/>
                </AMDPAR>
                <AMDPAR>a. Removing Airworthiness Directive 2021-12-10, Amendment 39-21597 (86 FR 30153, June 7, 2021); and</AMDPAR>
                <AMDPAR>b. Adding the following new airworthiness directive:</AMDPAR>
                <EXTRACT>
                    <FP SOURCE="FP-2">
                        <E T="04">Leonardo S.p.a:</E>
                         Docket No. FAA-2026-7212; Project Identifier MCAI-2023-00628-R.
                    </FP>
                    <HD SOURCE="HD1">(a) Comments Due Date</HD>
                    <P>The FAA must receive comments on this airworthiness directive (AD) by August 28, 2026.</P>
                    <HD SOURCE="HD1">(b) Affected ADs</HD>
                    <P>This AD replaces AD 2021-12-10, Amendment 39-21597 (86 FR 30153, June 7, 2021).</P>
                    <HD SOURCE="HD1">(c) Applicability</HD>
                    <P>This AD applies to all Leonardo S.p.a. Model AB139 and AW139 helicopters, certificated in any category, with FAA Supplemental Type Certificate (STC) SR04384NY installed, as identified in paragraphs (c)(1) or (2) of this AD.</P>
                    <P>(1) Model AB139 and AW139 helicopters having 3-stretcher unit assembly serial number (S/N) up to 30 are Group 1 helicopters.</P>
                    <P>(2) Model AB139 and AW139 helicopters having 3-stretcher unit assembly S/N 31 through 39 and S/N from 1000 through 1002 are Group 2 helicopters.</P>
                    <HD SOURCE="HD1">(d) Subject</HD>
                    <P>Joint Aircraft Service Component (JASC) Code 1100, Placards and markings.</P>
                    <HD SOURCE="HD1">(e) Unsafe Condition</HD>
                    <P>This AD was prompted by the identification of a design deficiency of the primary stretcher unit of the 3-stretcher unit assembly. The FAA is issuing this AD to address and prevent failure of the primary stretcher unit. The unsafe condition, if not addressed, could lead to failure of the primary stretcher unit during an emergency landing with consequent injury to helicopter occupants.</P>
                    <HD SOURCE="HD1">(f) Compliance</HD>
                    <P>Comply with this AD within the compliance times specified, unless already done.</P>
                    <HD SOURCE="HD1">(g) Required Actions</HD>
                    <P>(1) For Group 1 and Group 2 helicopters, that have not been modified in accordance with Procedure Part I or Part II of Aerolite Service Bulletin SB-21-017, Revision D, dated April 11, 2023 (SB-21-017 Rev D), within 30 hours time-in-service (TIS) after the effective date of this AD, install the placard having part number (P/N) 080-0312690-001 on the affected primary stretcher unit in accordance with the Accomplishment Instructions of Aerolite Alert Service Bulletin ASB-21-006, dated March 16, 2021 (ASB-21-006). This placard is not required after accomplishing the modification in accordance with Procedure Part I or Part II of SB-21-017 Rev D.</P>
                    <P>(2) For Group 2 helicopters, that have not been modified in accordance with Procedure Part I or Part II of Aerolite SB-21-017 Rev D, within 25 hours TIS after the effective date of this AD, install the placard having P/N 015390-001 on the affected primary stretcher unit in accordance with the Procedure Part III of SB-21-017 Rev D.</P>
                    <P>(3) For Group 1 and Group 2 helicopters within 30 days after the effective date of this AD, revise the rotorcraft flight manual (RFM) for the helicopter by inserting Aerolite FMS-07-008 Flight Manual Supplement for Agusta Helicopter Model AB/AW139 3-Stretcher Kit P/N 139084-501 EASA.R.S.01403, Revision B, dated March 27, 2023. The owner/operator (pilot) holding at least a private pilot certificate may revise the existing RFM for the helicopter as required by this paragraph and must enter compliance with this requirement into the helicopter maintenance records in accordance with 14 CFR 43.9(a) and 14 CFR 91.417(a)(2)(v). The record must be maintained as required by 14 CFR 91.417, 121.380, or 135.439.</P>
                    <HD SOURCE="HD1">(h) Alternative Methods of Compliance (AMOCs)</HD>
                    <P>
                        (1) The Manager, International Validation Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the manager of the International Validation Branch, send it to the attention of the person identified in paragraph (i) of this AD and email to: 
                        <E T="03">AMOC@faa.gov.</E>
                    </P>
                    <P>(2) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office.</P>
                    <HD SOURCE="HD1">(i) Additional Information</HD>
                    <P>
                        For more information about this AD, contact Ramasamy Rangan, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: (817) 222-4126; email: 
                        <E T="03">ramasamy.rangan@faa.gov.</E>
                    </P>
                    <HD SOURCE="HD1">(j) Material Incorporated by Reference</HD>
                    <P>(1) The Director of the Federal Register approved the incorporation by reference (IBR) of the material listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.</P>
                    <P>(2) You must use this material as applicable to do the actions required by this AD, unless the AD specifies otherwise.</P>
                    <P>(3) The following material was approved for IBR on [DATE 35 DAYS AFTER PUBLICATION OF THE FINAL RULE].</P>
                    <P>(i) Aerolite Service Bulletin SB-21-017, Revision D, dated April 11, 2023.</P>
                    <P>(ii) Aerolite FMS-07-008 Flight Manual Supplement for Agusta Helicopter Model AB/AW139 3-Stretcher Kit P/N 139084-501 EASA.R.S.01403, Revision B, dated March 27, 2023.</P>
                    <P>(4) The following material was approved for IBR on June 22, 2021 (86 FR 30153, June 7, 2021).</P>
                    <P>(i) Aerolite Alert Service Bulletin ASB-21-006, dated March 16, 2021.</P>
                    <P>(ii) [Reserved].</P>
                    <P>
                        (5) For Aerolite material identified in this AD, contact Aerolite AG, Aumühlestrasse 10, CH-6373 Ennetbürgen, Switzerland; phone: +41 (0)41 624 58 58; fax: +41 (0)41 624 58 59; email: 
                        <E T="03">info@aerolite.ch.</E>
                    </P>
                    <P>(6) You may view this material at the FAA, Airworthiness Products Section, Operational Safety Branch, 10101 Hillwood Parkway, Fort Worth, TX 76177. For information on the availability of this material at the FAA, call (817) 222-5110.</P>
                    <P>
                        (7) You may view this material at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, visit 
                        <E T="03">www.archives.gov/federal-register/cfr/ibr-locations</E>
                         or email 
                        <E T="03">fr.inspection@nara.gov.</E>
                    </P>
                </EXTRACT>
                <SIG>
                    <DATED>Issued on July 9, 2026.</DATED>
                    <NAME>Steven W. Thompson,</NAME>
                    <TITLE>Acting Deputy Director, Compliance &amp; Airworthiness Division, Aircraft Certification Service.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-14108 Filed 7-13-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4910-13-P</BILCOD>
        </PRORULE>
        <PRORULE>
            <PREAMB>
                <AGENCY TYPE="N">ENVIRONMENTAL PROTECTION AGENCY</AGENCY>
                <CFR>40 CFR Parts 22, 124, and 257</CFR>
                <DEPDOC>[EPA-HQ-OLEM-2026-4159; FRL-7080.1-01-OLEM]</DEPDOC>
                <RIN>RIN 2050-AH50</RIN>
                <SUBJECT>Hazardous and Solid Waste Management System: Disposal of Coal Combustion Residuals From Electric Utilities; Federal CCR Permit Program; General Permit Provisions</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Environmental Protection Agency (EPA).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Advance notice of proposed rulemaking.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Environmental Protection Agency (EPA) issued a proposed rule on February 20, 2020, to establish a Federal permit program for disposal of coal combustion residuals (CCR). On April 13, 2026, the EPA proposed to establish new compliance pathways that would allow site-specific considerations to be taken into account during permitting for owners or operators of CCR units complying with groundwater monitoring, corrective action, and closure requirements under a federal or participating-State CCR permit. The EPA is considering whether a general permit could be developed to allow such facilities to temporarily obtain permit coverage until an individual permit issued by EPA or an approved state CCR permit program is in effect. This advance notice of proposed rulemaking (ANPRM) does not propose any regulatory requirements or change any existing regulatory requirements.</P>
                </SUM>
                <EFFDATE>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Comments must be received on or before October 13, 2026.</P>
                </EFFDATE>
                <ADD>
                    <PRTPAGE P="43052"/>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>You may send comments, identified by Docket ID No. EPA-HQ-OLEM-2026-4159, by any of the following methods:</P>
                    <P>
                        • 
                        <E T="03">Federal eRulemaking Portal: https://www.regulations.gov/</E>
                         (our preferred method). Follow the online instructions for submitting comments.
                    </P>
                    <P>
                        • 
                        <E T="03">Mail:</E>
                         U.S. Environmental Protection Agency, EPA Docket Center, Office of Land and Emergency Management Docket, Mail Code 28221T, 1200 Pennsylvania Avenue NW, Washington, DC 20460.
                    </P>
                    <P>
                        • 
                        <E T="03">Hand Delivery or Courier:</E>
                         EPA Docket Center, WJC West Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC 20004. The Docket Center's hours of operations are 8:30 a.m.-4:30 p.m., Monday-Friday (except Federal Holidays).
                    </P>
                    <P>
                        <E T="03">Instructions:</E>
                         All submissions received must include the Docket ID No. for this rulemaking. Comments received may be posted without change to 
                        <E T="03">https://www.regulations.gov/,</E>
                         including any personal information provided. For detailed instructions on sending comments and additional information on the rulemaking process, see the “Public Participation” heading of the 
                        <E T="02">SUPPLEMENTARY INFORMATION</E>
                         section of this document.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Jessica Schumacher, Region 5, Land, Chemicals, and Redevelopment Division, Environmental Protection Agency, 1200 Pennsylvania Avenue NW, MC: 5304T, Washington, DC 20460; telephone number: (312) 886-0769; email address: 
                        <E T="03">schumacher.jessica@epa.gov,</E>
                         or Phoebe O'Connor, Office of Resource Conservation and Recovery, Waste Information, Notice, and Generators Division, Environmental Protection Agency, 1200 Pennsylvania Avenue NW, MC: 5304T, Washington, DC 20460; telephone number: (202) 566-1451; email address: 
                        <E T="03">oconnor.phoebe@epa.gov.</E>
                         For more information on this rulemaking please visit 
                        <E T="03">https://www.epa.gov/coal-combustion-residuals.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">I. Public Participation</HD>
                <P>
                    Submit your comments, identified by Docket ID No. EPA-HQ-OLEM-2026-4159, at 
                    <E T="03">https://www.regulations.gov</E>
                     (our preferred method), or the other methods identified in the 
                    <E T="02">ADDRESSES</E>
                     section. Once submitted, comments cannot be edited or removed from the docket. The EPA may publish any comment received to its public docket. Do not submit to EPA's docket at 
                    <E T="03">https://www.regulations.gov</E>
                     any information you consider to be Confidential Business Information (CBI), Proprietary Business Information (PBI), or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (
                    <E T="03">i.e.,</E>
                     on the web, cloud, or other file sharing system). Please visit 
                    <E T="03">https://www.epa.gov/dockets/commenting-epa-dockets</E>
                     for additional submission methods; the full EPA public comment policy; information about CBI, PBI, or multimedia submissions; and general guidance on making effective comments.
                </P>
                <P>Be aware that there are several CCR actions EPA is requesting comment on or recently requested comment on. Please ensure you are commenting on the correct action. This ANPRM is separate from the Hazardous and Solid Waste Management System: Disposal of Coal Combustion Residuals From Electric Utilities; Federal CCR Permit Program; Reopening of Comment Period (“2026 CCR Federal Permit Program Comment Period Reopening”) (May 28, 2026, 91 FR 31684; FRL-7080-06-OLEM; RIN 2050-AH07); comments related to the 2026 CCR Federal Permit Program Comment Period Reopening should be submitted to the Docket ID No. EPA-HQ-OLEM-2019-0361. This ANPRM is also separate from Hazardous and Solid Waste Management System: Disposal of Coal Combustion Residuals From Electric Utilities; Legacy/CCRMU Amendments proposed rule (“2026 Proposed Rule”) (April 13, 2026, 91 FR 18968; FRL-7814.3-01-OLEM; RIN 2050-AH39); the comment period for that action closed on June 29.</P>
                <HD SOURCE="HD1">II. General Information</HD>
                <HD SOURCE="HD2">A. Does this action apply to me?</HD>
                <P>
                    This action may be of interest to electric utilities and independent power producers that fall within the North American Industry Classification System (NAICS) code 221112. The reference to NAICS code 221112 is not intended to be exhaustive but rather provides a guide for readers regarding entities likely to be affected by this action. This discussion lists the types of entities that EPA is now aware could potentially be affected by this action. Other types of entities not described here could also be affected. To determine whether your entity is affected by this action, you should carefully examine the applicability criteria found in § 257.50 of title 40 of the Code of Federal Regulations (CFR). If you have questions regarding the applicability of this action to a particular entity, consult the person listed in the 
                    <E T="02">FOR FURTHER INFORMATION CONTACT</E>
                     section.
                </P>
                <HD SOURCE="HD2">B. What action is the agency taking?</HD>
                <P>An ANPRM is a notice intended to solicit information from the public as the EPA considers proposing an action. The EPA issued a proposed rule on February 20, 2020 (85 FR 9940) (2020 Proposed Rule), to establish a Federal permit program for disposal of CCR. The comment period was extended on April 14, 2020 (85 FR 20625) and May 19, 2020 (85 FR 29878) to close on July 19, 2020, was reopened on July 31, 2020 to close on August 7, 2020 (85 FR 46046), and was reopened on May 28, 2026 to close on June 29, 2026 (91 FR 31684). On April 13, 2026, the EPA proposed to establish new provisions that would allow a CCR permit authority to establish alternative requirements (91 FR 18968; “2026 Proposed Rule”). The EPA is considering whether a general permit could be developed to allow owners and operators of CCR facilities to temporarily obtain permit coverage until an individual permit issued by the EPA or an approved state CCR permit program is in effect, and is requesting comment on this approach. This ANPRM is independent from the 2026 Proposed Rule (April 13, 2026, 91 FR 18968) and progress on the 2026 Proposed Rule is not contingent or otherwise relying on this ANPRM.</P>
                <HD SOURCE="HD2">C. What is the agency's authority for taking this action?</HD>
                <P>This ANPRM solicits comment on potential revisions to the federal CCR regulations, which are established under the authority of sections 1008(a), 2002(a), 4004, and 4005(a) and (d) of the Solid Waste Disposal Act of 1970, as amended, RCRA, as amended by the Hazardous and Solid Waste Amendments of 1984 and the Water Infrastructure Improvements for the Nation (WIIN) Act of 2016, 42 U.S.C. 6907(a), 6912(a), 6944, and 6945(a) and (d).</P>
                <HD SOURCE="HD1">III. Background</HD>
                <HD SOURCE="HD2">A. CCR Regulatory Background</HD>
                <P>
                    On April 17, 2015, the EPA published a final rule creating 40 CFR part 257, subpart D, which established a comprehensive set of minimum Federal requirements for the disposal of CCR in landfills and surface impoundments (80 FR 21302) (2015 CCR Rule or Federal 
                    <PRTPAGE P="43053"/>
                    CCR regulations). The rule established a set of self-implementing regulations that apply directly to CCR units, including requirements for the location, design, operating criteria, recordkeeping, notifications, groundwater monitoring and corrective action, as well as the closure and post-closure care of CCR units. It also required recordkeeping and notifications for CCR units.
                </P>
                <P>In 2016, Congress passed the Water Infrastructure Improvements for the Nation (WIIN) Act, which—among other things—authorized the EPA to issue permits under RCRA for CCR units located in Indian country or in a State that has not been approved to issue its own CCR permits (a “nonparticipating State”). And under the WIIN Act, once an EPA (or State) permit is issued and in effect, the requirements of that permit apply in lieu of the federal regulations. On February 20, 2020, the EPA proposed a rule (85 FR 9940) to establish a Federal CCR permit program.</P>
                <P>
                    On April 13, 2026, the EPA proposed a rule (91 FR 18968; “2026 Proposed Rule”; Docket ID No. EPA-HQ-OLEM-2020-0107) to establish new compliance pathways that would allow a Federal or approved state CCR permit authority to take site-specific conditions into account when establishing permit requirements for groundwater monitoring and corrective action points of compliance, certain cleanup levels for corrective action, and unit closure, including extensions of the closure deadline timeframes for CCR units where CCR is being extracted from the unit for beneficial use during closure. If, after consideration of the public comments, the EPA adopts these provisions, these pathways would be available upon promulgation of a final rule to facilities seeking a Federal permit; it would not be available for facilities located in participating states (
                    <E T="03">i.e.,</E>
                     those with an EPA approved CCR permit program) until the state adopts these provisions into its regulations and the EPA approves the revision. In some states, this process can take years. Consequently, concerns have been raised that the new compliance pathways would not be available to any facility that must comply with the self-implementing regulations while waiting for the state to obtain EPA approval for the new provisions. EPA is considering whether a general permit could be developed to allow such owners or operators of CCR facilities to temporarily obtain permit coverage until their state CCR permit program incorporates these new pathways and is approved. If the EPA decides to establish a general permit, it would be done through a new rulemaking, separate from the CCR rulemakings discussed above. The EPA believes a new rulemaking is more appropriate than folding this action into those pending related rulemaking efforts to differentiate the action and allow for more targeted comments.
                </P>
                <HD SOURCE="HD2">B. General Permits Provisions</HD>
                <P>In the 2020 Proposed Rule, the EPA proposed at 40 CFR 257.127 to establish procedures for issuance of one or more general permits, as an alternative to individual permits. The Agency implements other federal environmental permitting programs that contain general permits, including Clean Water Act National Pollutant Discharge Elimination System (NPDES) permits issued under 40 CFR part 122, which are issued generally to a category of facilities with similar operations.</P>
                <P>
                    For CCR units, the EPA proposed that the Administrator could issue a general CCR permit to an identified category of CCR units involving the same, or substantially similar, operations, which are all subject to the same applicable requirements of subpart D and would require the same permit terms and conditions to achieve compliance with subpart D.
                    <SU>1</SU>
                    <FTREF/>
                     See proposed § 257.127(a). A general permit would be issued when, in the opinion of the Administrator, it would be more appropriate to regulate those units under a general CCR permit than under individual CCR permits. A general CCR permit would be proposed in the 
                    <E T="04">Federal Register</E>
                     and finalized in accordance with the applicable requirements of parts 122 and 124. Through the process proposed at § 257.127, the Administrator could issue a general CCR permit that would be available to an identified category of CCR units and would require the same permit terms and conditions to achieve compliance with subpart D. Once a general permit is final, the owner or operator of eligible CCR units could apply for coverage under the general permit instead of obtaining an individual federal CCR permit.
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         See further discussion at 85 FR 9953 through 9954 (February 20, 2020).
                    </P>
                </FTNT>
                <P>
                    As noted above, a general permit would apply to a defined category of CCR units (
                    <E T="03">e.g.,</E>
                     a surface impoundment closing with waste in place, undergoing corrective action implementing a pump and treat system). Therefore, the EPA is seeking comment on criteria that could be used to define which CCR units would be eligible for general permit coverage, and on the terms and conditions that would achieve compliance with the technical requirements in subpart D applicable to those CCR units.
                    <SU>2</SU>
                    <FTREF/>
                     Furthermore, the EPA is seeking comment on whether, in this circumstance, any general permit coverage should be time limited or temporary, 
                    <E T="03">e.g.,</E>
                     issued with an expiration date or until a permit is issued by an approved state. Additionally, the EPA seeks comments on whether multiple rulemakings would be needed to establish all of the categories of general permits that would be necessary.
                </P>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         See discussion about requirements in a general permit at 85 FR 9954 (February 20, 2020).
                    </P>
                </FTNT>
                <P>The EPA is requesting comment on whether the use of general permits would be effective and appropriate in this circumstance, whether there are categories of CCR units for which general permits may be appropriate, whether the Agency should issue multiple general permits or one general permit for which different categories of facility may be eligible, the information that should be included in the application for coverage, whether public comment on individual applications for a general permit is appropriate, and whether the EPA should be required to issue a determination that coverage under a general permit is appropriate for a particular CCR unit. The EPA also requests input on scope or details of the terms of the general permit. For example, a general permit could apply broadly to any facility that must continue work to comply with the self-implementing regulations while waiting for a permit, provided it had met the regulatory criteria for the new compliance pathway. For example, a facility with a closing CCR surface impoundment located in an approved state that has not received a state CCR permit could be eligible for a temporary general permit that would allow the facility to complete the closure under the new compliance pathway until the state CCR permit authority can evaluate if the closure method was appropriate and accurate.</P>
                <P>
                    Alternatively, EPA could develop criteria to further limit the eligibility for coverage under a general permit (
                    <E T="03">e.g.,</E>
                     limit eligibility to facilities with certain characteristics and features). For example, the general permit could restrict eligibility to CCR units of a certain size or at a certain stage of the closure process, or it could require a facility to also document that it is in substantial compliance with other CCR regulations. EPA seeks comment on other scenarios and conditions for consideration.
                </P>
                <P>
                    EPA also seeks comment on the economic impacts of promulgating regulations for general permits for 
                    <PRTPAGE P="43054"/>
                    certain CCR units, implementation challenges that exist with the self-implementing CCR regulations and how general permits would be useful, alternative options to mitigate these implementation challenges, and health impacts related to general permits compared to individual permits.
                </P>
                <HD SOURCE="HD2">C. What are the next steps EPA will take?</HD>
                <P>EPA intends to carefully review all comments and information received in response to this ANPRM. Once that review is completed EPA will determine whether to pursue a proposed rule to promulgate regulations for general permits for certain CCR units.</P>
                <HD SOURCE="HD1">IV. Statutory and Executive Orders Reviews</HD>
                <P>
                    Additional information about statutes and executive orders can be found at 
                    <E T="03">https://www.epa.gov/laws-regulations/laws-and-executive-orders.</E>
                </P>
                <HD SOURCE="HD2">A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review</HD>
                <P>This action is a significant regulatory action that was submitted to the Office of Management and Budget (OMB) for review. Any changes made in response to OMB recommendations have been documented in the docket.</P>
                <HD SOURCE="HD2">B. Other Statutory and Executive Order Reviews</HD>
                <P>Because this action does not propose or impose any requirements, other statutory and executive order reviews that apply to rulemaking do not apply. Should EPA subsequently determine to pursue a rulemaking, EPA will address the statutes and executive orders as applicable to that rulemaking.</P>
                <P>
                    Nevertheless, the Agency welcomes comments and/or information that would help the Agency to assess any of the following: the potential impact of a rule on small entities pursuant to the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 
                    <E T="03">et seq.</E>
                    ); potential impacts on state, local, or Tribal governments pursuant to the Unfunded Mandates Reform Act (UMRA) (2 U.S.C. 1531-1538); federalism implications pursuant to Executive Order 13132, entitled 
                    <E T="03">Federalism</E>
                     (64 FR 43255, November 2, 1999); availability of voluntary consensus standards pursuant to section 12(d) of the National Technology Transfer and Advancement Act of 1995 (NTTAA), Public Law 104-113; Tribal implications pursuant to Executive Order 13175, entitled 
                    <E T="03">Consultation and Coordination with Indian Tribal Governments</E>
                     (65 FR 67249, November 6, 2000); environmental health or safety effects on children pursuant to Executive Order 13045, entitled 
                    <E T="03">Protection of Children from Environmental Health Risks and Safety Risks</E>
                     (62 FR 19885, April 23, 1997); energy effects pursuant to Executive Order 13211, entitled 
                    <E T="03">Actions Concerning Regulations that Significantly Affect Energy Supply, Distribution, or Use</E>
                     (66 FR 28355, May 22, 2001); paperwork burdens pursuant to the Paperwork Reduction Act (PRA) (44 U.S.C. 3501); The Agency will consider such comments during the development of any subsequent rulemaking.
                </P>
                <SIG>
                    <NAME>Lee Zeldin,</NAME>
                    <TITLE>Administrator.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-14115 Filed 7-13-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 6560-50-P</BILCOD>
        </PRORULE>
        <PRORULE>
            <PREAMB>
                <AGENCY TYPE="S">ENVIRONMENTAL PROTECTION AGENCY</AGENCY>
                <CFR>40 CFR Part 257</CFR>
                <DEPDOC>[EPA-HQ-OLEM-2022-0903; FRL-13387-01-OLEM]</DEPDOC>
                <SUBJECT>Alabama: Approval of State Coal Combustion Residuals Permit Program</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Environmental Protection Agency (EPA).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of availability; request for comments.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Environmental Protection Agency (EPA or the Agency) is proposing to approve the Alabama partial Coal Combustion Residuals (CCR) permit program under the Resource Conservation and Recovery Act (RCRA). After reviewing the CCR permit program application submitted by the Alabama Department of Environmental Management (ADEM) on May 18, 2026, EPA has preliminarily determined that Alabama's partial CCR permit program meets the standard for approval under RCRA. If approved, Alabama's CCR permit program will operate in lieu of the Federal CCR program, with the exception of the specific provisions noted below. EPA is seeking comment on this proposal during a 60-day public comment period and will be holding a virtual public hearing on EPA's preliminary approval of Alabama's partial CCR permit program.</P>
                </SUM>
                <EFFDATE>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        <E T="03">Comments due.</E>
                         Comments must be received on or before September 14, 2026. 
                        <E T="03">Public hearing:</E>
                         EPA will hold a virtual public hearing on September 3, 2026. Please refer to the 
                        <E T="02">SUPPLEMENTARY INFORMATION</E>
                         section for additional information on the public hearing.
                    </P>
                </EFFDATE>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>You may send comments, identified by Docket ID No. EPA-HQ-OLEM-2022-0903, by any of the following methods:</P>
                    <P>
                        • 
                        <E T="03">Federal eRulemaking Portal: https://www.regulations.gov/</E>
                         (our preferred method). Follow the online instructions for submitting comments.
                    </P>
                    <P>
                        • 
                        <E T="03">Mail:</E>
                         U.S. Environmental Protection Agency, EPA Docket Center, Office of Land and Emergency Management (OLEM) Docket, Mail Code 28221T, 1200 Pennsylvania Ave. NW, Washington, DC 20460.
                    </P>
                    <P>
                        • 
                        <E T="03">Hand Delivery or Courier (by scheduled appointment only):</E>
                         EPA Docket Center, WJC West Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC 20004. The Docket Center's hours of operations are 8:30 a.m.-4:30 p.m., Monday-Friday (except Federal holidays).
                    </P>
                    <P>
                        <E T="03">Instructions:</E>
                         All submissions received must include the Docket ID No. for this rulemaking. Comments received may be posted without change to 
                        <E T="03">https://www.regulations.gov/,</E>
                         including any personal information provided. For detailed instructions on sending comments and additional information on the rulemaking process, see the “Public Participation” heading of the 
                        <E T="02">SUPPLEMENTARY INFORMATION</E>
                         section of this document.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Michelle Lloyd, Office of Resource Conservation and Recovery, Waste Identification Notice and Generators Division, U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue NW, Mail Code: 5304T, Washington, DC 20460; telephone number: (202) 566-0560; email address: 
                        <E T="03">lloyd.michelle@epa.gov.</E>
                         For more information on this document please visit 
                        <E T="03">https://www.epa.gov/coal-combustion-residuals.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">Table of Contents</HD>
                <EXTRACT>
                    <FP SOURCE="FP-2">I. Public Participation</FP>
                    <FP SOURCE="FP1-2">A. Written Comments</FP>
                    <FP SOURCE="FP1-2">B. Participation in Virtual Public Hearing</FP>
                    <FP SOURCE="FP-2">II. General Information</FP>
                    <FP SOURCE="FP1-2">A. Overview of Proposed Action</FP>
                    <FP SOURCE="FP1-2">B. Background</FP>
                    <FP SOURCE="FP1-2">C. Statutory Authority</FP>
                    <FP SOURCE="FP-2">III. The Alabama Application</FP>
                    <FP SOURCE="FP-2">IV. EPA Analysis of the Alabama Application</FP>
                    <FP SOURCE="FP1-2">A. Adequacy of the Alabama Permit Program</FP>
                    <FP SOURCE="FP1-2">B. Adequacy of Technical Criteria</FP>
                    <FP SOURCE="FP-2">V. Alabama's Permits Issued Under the State CCR Regulations</FP>
                    <FP SOURCE="FP1-2">
                        A. Alabama's Permits Issued Under the State CCR Regulations Are Not Part of the Permit Program Evidence Under Review
                        <PRTPAGE P="43055"/>
                    </FP>
                    <FP SOURCE="FP1-2">B. Status of Alabama's Previously-Issued Permits Issued Under the State CCR Regulations</FP>
                    <FP SOURCE="FP-2">VI. Proposed Action</FP>
                </EXTRACT>
                <HD SOURCE="HD1">List of Acronyms</HD>
                <EXTRACT>
                    <FP SOURCE="FP-1">ADEM Alabama Department of Environmental Management</FP>
                    <FP SOURCE="FP-1">Admin. Administrative</FP>
                    <FP SOURCE="FP-1">CBI Confidential Business Information</FP>
                    <FP SOURCE="FP-1">CCR coal combustion residuals</FP>
                    <FP SOURCE="FP-1">CCRMU coal combustion residuals management units</FP>
                    <FP SOURCE="FP-1">CFR Code of Federal Regulations</FP>
                    <FP SOURCE="FP-1">Ch. Chapter</FP>
                    <FP SOURCE="FP-1">EMC Environmental Management Commission</FP>
                    <FP SOURCE="FP-1">EPA Environmental Protection Agency</FP>
                    <FP SOURCE="FP-1">MSWLF Municipal Solid Waste Landfill</FP>
                    <FP SOURCE="FP-1">FR Federal Register</FP>
                    <FP SOURCE="FP-1">RCRA Resource Conservation and Recovery Act</FP>
                    <FP SOURCE="FP-1">STAG State and Tribal Assistance Grants</FP>
                    <FP SOURCE="FP-1">SWRMMA Solid Waste and Recyclable Materials Management Act</FP>
                    <FP SOURCE="FP-1">TSD Technical Support Document</FP>
                    <FP SOURCE="FP-1">USWAG Utility Solid Waste Activities Group</FP>
                    <FP SOURCE="FP-1">WIIN Water Infrastructure Improvements for the Nation</FP>
                </EXTRACT>
                <HD SOURCE="HD1">I. Public Participation</HD>
                <HD SOURCE="HD2">A. Written Comments</HD>
                <P>
                    Submit your comments, identified by Docket ID No. EPA-HQ-OLEM-2022-0903, at 
                    <E T="03">https://www.regulations.gov/</E>
                     (our preferred method), or the other methods identified in the 
                    <E T="02">ADDRESSES</E>
                     section. Once submitted, comments cannot be edited or removed from the docket. EPA may publish any comment received to its public docket. Do not submit to EPA's docket at 
                    <E T="03">https://www.regulations.gov/</E>
                     any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (
                    <E T="03">i.e.,</E>
                     on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit 
                    <E T="03">https://www.epa.gov/dockets/commenting-epa-dockets.</E>
                </P>
                <HD SOURCE="HD2">B. Participation in Virtual Public Hearing</HD>
                <P>
                    EPA will begin pre-registering speakers for the hearing upon publication of this document in the 
                    <E T="04">Federal Register</E>
                    . To register to speak at the virtual hearing, please use the online registration form available on EPA's CCR website (
                    <E T="03">https://www.epa.gov/coal-combustion-residuals/us-state-alabama-coal-combustion-residuals-permit-program</E>
                    ) or contact the person listed in the 
                    <E T="02">FOR FURTHER INFORMATION CONTACT</E>
                     section to register to speak at the hearing. The last day to pre-register to speak at the hearing will be September 1, 2026.
                </P>
                <P>
                    EPA will make every effort to follow the schedule as closely as possible on the day of the hearing; however, please plan for the hearing to run either ahead of schedule or behind schedule. Additionally, requests to speak will be taken the day of the hearing according to the procedures specified on EPA's CCR website (
                    <E T="03">https://www.epa.gov/coal-combustion-residuals/us-state-alabama-coal-combustion-residuals-permit-program</E>
                    ) for this hearing. The Agency will make every effort to accommodate all speakers who arrive and register, although preferences on speaking times may not be able to be fulfilled.
                </P>
                <P>
                    Each commenter will have five (5) minutes to provide oral testimony. EPA encourages commenters to provide EPA with a copy of their oral testimony electronically (via email) to the person listed in the 
                    <E T="02">FOR FURTHER INFORMATION CONTACT</E>
                     section. If EPA is anticipating a high attendance, the time allotment per testimony may be shortened to no shorter than three (3) minutes per person to accommodate all those wishing to provide testimony and who have pre-registered. While EPA will make every effort to accommodate all speakers who do not pre-register, opportunities to speak may be limited based upon the number of pre-registered speakers. Therefore, EPA strongly encourages anyone wishing to speak to pre-register. Participation in the virtual public hearing does not preclude any entity or individual from submitting a written comment.
                </P>
                <P>EPA may ask clarifying questions during the oral presentations but will not respond to the presentations at that time. Written statements and supporting information submitted during the comment period will be considered with the same weight as oral comments and supporting information presented at the public hearing. Verbatim transcripts of the hearings and written statements will be included in the docket for this action.</P>
                <P>
                    Please note that any updates made to any aspect of the hearing will be posted online on EPA's CCR website at 
                    <E T="03">https://www.epa.gov/coal-combustion-residuals/us-state-alabama-coal-combustion-residuals-permit-program.</E>
                     While EPA expects the hearing to go forward as set forth above, please monitor our website or contact the person listed in the 
                    <E T="02">FOR FURTHER INFORMATION CONTACT</E>
                     section to determine if there are any updates. EPA does not intend to publish a document in the 
                    <E T="04">Federal Register</E>
                     announcing updates.
                </P>
                <P>
                    If you require the services of an interpreter or special accommodations such as audio description, please pre-register for the hearing with the person listed in the 
                    <E T="02">FOR FURTHER INFORMATION CONTACT</E>
                     section and describe your needs by August 20, 2026. EPA may not be able to arrange accommodations without advance notice.
                </P>
                <HD SOURCE="HD1">II. General Information</HD>
                <HD SOURCE="HD2">A. Overview of Proposed Action</HD>
                <P>
                    On April 17, 2015, EPA published a final rule, creating 40 CFR part 257, subpart D,
                    <SU>1</SU>
                    <FTREF/>
                     which establishes a comprehensive set of minimum Federal requirements for the disposal of CCR in landfills and surface impoundments (80 FR 21302) (Federal CCR regulations). Section 2301 of the 2016 Water Infrastructure Improvements for the Nation (WIIN) Act amended RCRA section 4005 to create a new subsection (d) that requires EPA to establish a Federal CCR permitting program. See 42 U.S.C. 6945(d).
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         Unless otherwise specified, all references to parts 257 and 239 in this document are to title 40 of the Code of Federal Regulations (CFR).
                    </P>
                </FTNT>
                <P>As amended, RCRA section 4005(d) also allows States to seek approval for a State CCR permit program that will operate in lieu of a Federal CCR permit program in the State. The statute provides that within 180 days after a State submits a complete application to the Administrator for approval, EPA shall approve the State permit program if the Administrator determines that the State program requires each CCR unit located in the State to achieve compliance with either the Federal requirements or other State requirements that EPA determines, after consultation with the State, are at least as protective as those included in the Federal CCR regulations. See 42 U.S.C. 6945(d)(1)(B).</P>
                <P>
                    On May 18, 2026, ADEM submitted its State CCR permit program application (Application) to EPA Region 4 requesting approval of the State's partial CCR permit program.
                    <SU>2</SU>
                    <FTREF/>
                     EPA is proposing to approve the majority of the Alabama partial CCR permit program pursuant to RCRA 4005(d)(1)(B). 42 
                    <PRTPAGE P="43056"/>
                    U.S.C. 6945(d)(1)(B). The fact that Alabama is seeking approval of a partial program does not mean it must subsequently apply for full program approval. However, Alabama could apply for revised partial program approval or full program approval at some point in the future if it chooses to do so. If approved, the Alabama CCR permit program would operate in lieu of the Federal CCR program (codified at 40 CFR part 257, subpart D), with the exception of the provisions specifically identified below for which the State is not seeking approval and for which the corresponding provisions of the Federal CCR program would remain in effect.
                    <SU>3</SU>
                    <FTREF/>
                     However, even for the approved provisions, EPA would retain its inspection and enforcement authorities under RCRA sections 3007 and 3008, 42 U.S.C. 6927 and 6928, consistent with EPA's ongoing oversight authority under RCRA. See 42 U.S.C. 6945(d)(4)(B).
                </P>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         Application for CCR Permit Program Approval. Alabama Department of Environmental Management. May 2026.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         While Alabama's regulations will operate in lieu of the Federal CCR regulations after approval, facilities in the State that were issued CCR permits before EPA approval of the State's CCR permit program will not have a Federal permit shield against direct enforcement of the applicable CCR requirements until after each facility's permit is reissued by Alabama after approval of the State's program. 
                        <E T="03">See</E>
                         Unit V.A. below.
                    </P>
                </FTNT>
                <P>
                    EPA has also engaged the Federally recognized Tribe within the State of Alabama in consultation and coordination regarding the program approval for ADEM. EPA sent a letter to the Poarch Band of Creek Indians (PBCI)on May 26, 2026, offering an opportunity for consultation.
                    <SU>4</SU>
                    <FTREF/>
                     The PBCI responded on June 2, 2026, that it would not seek consultation.
                    <SU>5</SU>
                    <FTREF/>
                     If requested, Tribal consultation will continue to be conducted in accordance with the EPA policy on Consultation and Coordination with Indian Tribes (
                    <E T="03">https://www.epa.gov/sites/production/files/2013-08/documents/cons-and-coord-with-indian-tribes-policy.pdf</E>
                    ).
                </P>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         Coal Combustion Residuals (CCR) Tribal Consultation—Poarch Band of Creek Indians. May 2026.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         Response from Poarch Band of Creek Indians regarding Coal Combustion Residuals (CCR) Tribal Consultation. June 2, 2026.
                    </P>
                </FTNT>
                <HD SOURCE="HD2">B. Background</HD>
                <P>CCR are generated from the combustion of coal, including solid fuels classified as anthracite, bituminous coal, subbituminous coal, and lignite, for the purpose of generating steam to power a generator to produce electricity or electricity and other thermal energy by electric utilities and independent power producers. CCR, commonly known as coal ash, include fly ash, bottom ash, boiler slag, and flue gas desulfurization materials. CCR can be sent offsite for disposal or beneficial use, or disposed of in on-site landfills or surface impoundments.</P>
                <P>On April 17, 2015, EPA published a final rule, creating the Federal CCR regulations at 40 CFR part 257, subpart D, which established a comprehensive set of minimum Federal requirements for the disposal of CCR in landfills and surface impoundments (80 FR 21302). The rule created a self-implementing program that regulates the location, design, operating criteria, and groundwater monitoring and corrective action for CCR units, as well as the closure and post-closure care of CCR units. It also requires recordkeeping and notifications for CCR units. EPA has since amended the Federal CCR regulations on August 5, 2016 (81 FR 51802), July 30, 2018 (83 FR 36435), August 28, 2020 (85 FR 53516), November 12, 2020 (85 FR 72506), May 8, 2024 (89 FR 38950), November 8, 2024 (89 FR 88650), and February 10, 2026 (91 FR 5806). More information on these rules is provided in the Technical Support Document (TSD) in the docket for this document.</P>
                <HD SOURCE="HD2">C. Statutory Authority</HD>
                <P>EPA is issuing this proposed action pursuant to RCRA sections 4005(d) and 7004(b)(1). See 42 U.S.C. 6945(d) and 6974(b)(1). As amended by section 2301 of the 2016 WIIN Act, RCRA section 4005(d) instructs EPA to establish a Federal permit program similar to those under RCRA subtitle C and other environmental statutes and authorizes States to develop their own CCR permitting programs that go into effect in lieu of the Federal permit program upon approval by EPA. See 42 U.S.C. 6945(d).</P>
                <P>
                    Under RCRA section 4005(d)(1)(A), 42 U.S.C. 6945(d)(1)(A), States seeking approval of a State CCR program must submit to the Administrator “in such form as the Administrator may establish, evidence of a permit program or other system of prior approval and conditions under state law for regulation by the State of coal combustion residuals units that are located in the state.” The statute provides that EPA shall approve a State CCR permit program if the Administrator determines that the State program will require each CCR unit located in the State to achieve compliance with either: (1) The Federal CCR requirements at 40 CFR part 257, subpart D; or (2) Other State criteria that the Administrator, after consultation with the State, determines to be “at least as protective as” the Federal requirements. 42 U.S.C. 6945(d)(1)(B). The Administrator must make a final determination, after providing for public notice and an opportunity for public comment, within 180 days of receiving a State's complete submittal of the information specified in RCRA section 4005(d)(1)(A).
                    <SU>6</SU>
                    <FTREF/>
                     42 U.S.C. 6945(d)(1)(B). EPA may approve a State CCR permit program in whole or in part. 
                    <E T="03">Id.</E>
                     Once approved, the State permit program operates in lieu of the Federal requirements. 42 U.S.C. 6945(d)(1)(A). In a State with a partial program, only the State requirements that have been approved by EPA operate in lieu of the Federal requirements, and facilities remain responsible for compliance with all remaining Federal requirements in 40 CFR part 257, subpart D.
                </P>
                <FTNT>
                    <P>
                        <SU>6</SU>
                         USEPA 2017. Coal Combustion Residuals State Permit Program Guidance Document; Interim Final, August 2017, Office of Land and Emergency Management, Washington, DC 20460. August. (providing that the 180-day deadline does not start until EPA determines the application is complete).
                    </P>
                </FTNT>
                <P>As noted above, the Federal CCR regulations are self-implementing, meaning that CCR landfills and surface impoundments must comply with the terms of the regulations prior to obtaining a Federal permit or a permit issued by an approved State. Noncompliance with the Federal CCR regulations can be the subject of an enforcement action brought directly against the facility. Once a final CCR permit is issued by an approved State or pursuant to a Federal CCR permit program, however, the terms of the permit apply in lieu of the terms of the Federal CCR regulations and/or requirements in an approved program, and RCRA section 4005(d)(3) provides a permit shield against direct enforcement of the applicable Federal or State CCR regulations (meaning the permit's terms become the enforceable requirements for the permittee).</P>
                <P>RCRA section 7004(b), which applies to all RCRA programs, directs that “public participation in the development, revision, implementation, and enforcement of any . . . program under this chapter shall be provided for, encouraged, and assisted by the Administrator and the States.” 42 U.S.C. 6974(b)(1). Accordingly, EPA considers permitting requirements, requirements for compliance monitoring authority, requirements for enforcement authority, and requirements for intervention in civil enforcement proceedings in evaluating State CCR permit program applications.</P>
                <P>
                    Once a State CCR permit program is approved, the Administrator must review the approved program no less frequently than every 12 years, no later than three years after a revision to an applicable section of 40 CFR part 257, 
                    <PRTPAGE P="43057"/>
                    subpart D, and no later than one year after any unauthorized significant release from a CCR unit located in the State. EPA also must review an approved State CCR permit program at the request of another State alleging that the soil, groundwater, or surface water of the requesting State is or is likely to be adversely affected by a release from a CCR unit in the approved State. See 42 U.S.C. 6945(d)(1)(D)(i)(I) through (IV).
                </P>
                <P>
                    In a State with an approved State CCR permit program, EPA may commence administrative or judicial enforcement actions under RCRA section 3008, 42 U.S.C. 6928, if the State requests assistance or if EPA determines that an EPA enforcement action is likely to be necessary to ensure that a CCR unit is operating in accordance with the criteria of the State's permit program. 42 U.S.C. 6945(d)(4). EPA can enforce any Federal requirements that remain in effect (
                    <E T="03">i.e.,</E>
                     those for which there is no corresponding approved State provision). EPA may also exercise its inspection and information gathering authorities under RCRA section 3007 in a State with an approved program. 42 U.S.C. 6927.
                </P>
                <HD SOURCE="HD1">III. The Alabama Application</HD>
                <P>
                    In 2018, EPA began working with ADEM on a CCR permit program application. As it has with other States, EPA discussed with ADEM the process for EPA to review and approve a State's CCR permit program, ADEM's anticipated timeline for submitting a CCR permit program application to EPA, and ADEM's regulations for issuing permits and technical criteria for CCR units. Alabama's first CCR regulations were promulgated in 2018 and revised over the next several years in response to public comment, discussions between ADEM and EPA, and changes to the Federal CCR regulations. On December 29, 2021, following EPA comment on the State's initial applications,
                    <SU>7</SU>
                    <FTREF/>
                     ADEM submitted a revision to its CCR permit program application to EPA Region 4, requesting approval of the State's partial CCR permit program.
                    <SU>8</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>7</SU>
                         ADEM previously submitted CCR permit program applications on July 12, 2018, and February 26, 2021, before submitting the Application submitted on December 29, 2021, which EPA reviewed at that time.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>8</SU>
                         Application to USEPA Region IV for CCR Permit Program Approval in Accordance with section 4005 of the Resource Conservation and Recovery Act (RCRA) Alabama Department of Environmental Management Land Division-Solid Waste Branch. December 2021.
                    </P>
                </FTNT>
                <P>
                    On August 14, 2023, EPA published notice of its proposal to deny approval of Alabama's December 29, 2021, CCR permit program application (88 FR 55220). In that document, the Agency first presented an analysis of the Alabama CCR permit program application submitted on December 29, 2021, including an analysis of ADEM's statutory authorities for the program and the State's CCR permit program regulations, primarily found at ADEM Administrative Code Chapter 335-13-15, Standards for the Disposal of Coal Combustion Residuals in Landfills and Impoundments. 
                    <E T="03">Id.</E>
                     at 88 FR 55228-55229 (“Unit IV.B EPA's Analysis of the Alabama CCR Regulation”). On June 7, 2024, EPA published notice of final denial of Alabama's CCR permit program (89 FR 48774). In both the proposed and final denial of ADEM's December 29, 2021, application, EPA concluded that Alabama established State CCR regulations that largely mirror the language in the Federal CCR regulations in almost all respects, and, to the extent the provisions are different, the differences in the State regulations are at least as protective as the Federal CCR regulations. However, EPA denied approval of ADEM's December 29, 2021, application based on an evaluation of ADEM's existing State CCR permitting decisions and ADEM's implementation of its regulations as documented in those permits. Specifically, EPA identified deficiencies in Alabama's permits with respect to closure requirements for unlined surface impoundments, groundwater monitoring networks, and corrective action (
                    <E T="03">i.e.,</E>
                     investigation and cleanup) requirements. EPA discussed these issues with ADEM; however, the State agency did not revise its permits or supplement its application to demonstrate how such permits were as protective as the Federal requirements.
                </P>
                <P>After EPA denied Alabama's application, the Agency revised its interpretation of RCRA section 4005(d) to allow existing State CCR permits to be excluded from the State CCR permit program application for purposes of program review at a State's request. See North Dakota Final CCR Permit Program Approval (90 FR 51168, November 17, 2025). If permits are excluded from the CCR permit program approval, all CCR units in a State remain directly subject to the applicable Federal or State CCR regulations and the facilities do not have a Federal permit shield until the State opens the entire permit for public notice and review after the State program is approved by EPA.</P>
                <P>On May 18, 2026, ADEM submitted its current Application to EPA Region 4, again requesting approval of the State's partial CCR permit program. In a letter provided as appendix E to the Application, ADEM indicated that it is no longer requesting EPA approval of the existing CCR permits issued under the State's CCR permit program. ADEM also committed to evaluating and amending the State's existing CCR permits at the time of permit renewal to ensure compliance with the Federally approved State CCR permit program. This approach is discussed further in Unit V. of this document.</P>
                <HD SOURCE="HD1">IV. EPA Analysis of the Alabama Application</HD>
                <P>RCRA section 4005(d) requires EPA to evaluate two components of a State CCR permit program to determine whether it meets the standard for approval: the program itself, and the technical criteria that will be included in each permit issued under the State program. This section discusses EPA's review of both requirements under RCRA section 4005(d) and the criteria EPA uses to conduct this review.</P>
                <P>First, EPA must evaluate the permit program itself (or other system of prior approval and conditions). See 42 U.S.C. 6945(d)(1)(A) through (B). RCRA section 4005(d)(1)(A) directs the State to provide evidence of a State permit program's compliance with RCRA requirements in such form as determined by the Administrator. In turn, RCRA section 4005(d)(1)(B) directs EPA to approve the State program based upon a determination that the program “requires each coal combustion residuals unit located in the state to achieve compliance with the applicable [Federal or State] criteria.” In other words, the statute directs EPA to determine that the State has sufficient authority to require compliance at all CCR units located within the State. See also 42 U.S.C. 6945(d)(1)(D)(ii)(I). To make this determination, EPA evaluates the State's authority to issue permits and impose conditions in those permits, as well as the State's authority to conduct compliance monitoring and enforcement.</P>
                <P>
                    During this review of the State permit program, EPA also determines whether the program contains procedures consistent with the public-participation directive in RCRA section 7004(b). RCRA section 7004(b), which applies to all RCRA programs, directs that “public participation in the development, revision, implementation, and enforcement of any . . . program under this chapter shall be provided for, encouraged, and assisted by the Administrator and the States.” 42 U.S.C. 6974(b)(1). To make this determination, EPA evaluates the State's public participation procedures for issuing permits and for intervention in civil enforcement proceedings.
                    <PRTPAGE P="43058"/>
                </P>
                <P>Although 40 CFR part 239 applies to the approval of State Municipal Solid Waste Landfill (MSWLF) programs under RCRA section 4005(c)(1) rather than EPA's evaluation of CCR permit programs under RCRA section 4005(d), the specific criteria outlined in that regulation provide a helpful framework to examine the relevant aspects of a State's CCR permit program. States are familiar with these criteria because all States have MSWLF programs that have been approved pursuant to these regulations, and the regulations are generally regarded as protective and appropriate.</P>
                <P>Consequently, EPA relied on the four categories of criteria outlined in 40 CFR part 239 as guidelines to evaluate the Alabama CCR permit program: permitting requirements, requirements for compliance monitoring authority, requirements for enforcement authority, and requirements for intervention in civil enforcement proceedings.</P>
                <P>Second, EPA must evaluate the technical criteria that will be included in each permit issued under the State CCR permit program to determine whether they are the same as the Federal criteria, or to the extent they differ, whether the modified criteria are “at least as protective as” the Federal requirements. See 42 U.S.C. 6945(d)(1)(B). Only if both components meet the statutory requirements may EPA approve the program. See 42 U.S.C. 6945(d)(1). EPA makes this determination by comparing the State's technical criteria to the corresponding Federal criteria and, where necessary, evaluating whether different State criteria are at least as protective as the Federal criteria.</P>
                <P>For purposes of this proposed action, EPA reviewed Alabama's most recent CCR permit program application, which is the Application submitted on May 18, 2026. Upon careful review of the Application, and as discussed in more detail below, EPA has preliminarily determined that the State's partial CCR permit program includes all the elements of an adequate State CCR permit program. It also contains all the technical criteria in 40 CFR part 257, subpart D, except for the provisions specifically discussed below that Alabama has not included in its partial CCR permit program. Consequently, EPA is proposing to approve the majority of Alabama's partial CCR permit program. The State's CCR permit program does not encompass the full scope of Federal CCR requirements as presently constituted, and the provisions of the Federal CCR regulations that are not part of Alabama's approved CCR permit program will remain directly applicable to affected CCR units. 42 U.S.C. 6945(d)(1)(B).</P>
                <P>
                    EPA's full analysis of the Alabama CCR permit program, and how the Alabama regulations differ from the Federal requirements, can be found in the Technical Support Document. EPA determined that the Alabama Application was complete and notified Alabama of its determination by letter.
                    <SU>9</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>9</SU>
                         Completeness Letter for the Alabama CCR Permit Program. July 2026.
                    </P>
                </FTNT>
                <HD SOURCE="HD2">A. Adequacy of the Alabama Permit Program</HD>
                <P>
                    Section 4005(d)(1)(A) of RCRA, 42 U.S.C. 6945(d)(1)(A), requires a State seeking State CCR permit program approval to submit to EPA, “in such form as the Administrator may establish, evidence of a permit program or other system of prior approval and conditions under State law for regulation by the State of coal combustion residuals units that are located in the State.” Although the statute directs EPA to establish the form of such evidence, the statute does not require EPA to promulgate regulations governing the process or standard for determining the adequacy of such State programs. EPA, therefore, developed the 
                    <E T="03">Coal Combustion Residuals State Permit Program Guidance Document; Interim Final</E>
                     (82 FR 38685, August 15, 2017) (the “Guidance Document”). The Guidance Document provides recommendations on a process and standards that States may choose to use to apply for EPA approval of its CCR permit programs, based on the standards in RCRA section 4005(d), existing regulations at 40 CFR part 239, and the Agency's experience in reviewing and approving State programs.
                </P>
                <P>EPA evaluated the Alabama CCR permit program using the process, statutory and regulatory standards discussed in Units II.C and IV.A of this preamble. EPA's findings are summarized below and provided in more detail in the Technical Support Document located in the docket supporting this proposed determination.</P>
                <HD SOURCE="HD3">1. Guidelines for Permitting</HD>
                <P>An adequate State CCR permit program must ensure that: (1) Existing and new facilities are permitted or otherwise approved and in compliance with either 40 CFR part 257 or other State criteria; (2) The State has the authority to collect all information necessary to issue permits that are adequate to ensure compliance with relevant 40 CFR part 257, subpart D requirements; and (3) The State has the authority to impose requirements for CCR units adequate to ensure compliance with either 40 CFR part 257, subpart D, or such other State criteria that have been determined and approved by the Administrator to be at least as protective as 40 CFR part 257, subpart D.</P>
                <HD SOURCE="HD3">a. Permit Applications</HD>
                <P>
                    Permit applications for new and existing CCR units, including lateral expansions of such units, in Alabama are subject to the authority of ADEM given in section 22-27-12 of the Code of Alabama 1975, which includes issuing and specifying terms and conditions of permits. ADEM Admin. Code r. 335-13-5-.02(1)(c) requires that all solid waste management of CCR generated from the combustion of coal at electrical utilities and independent power producers shall take place in a CCR unit permitted by ADEM. This provision also outlines the required contents of a permit application by an owner or operator of a CCR unit.
                    <SU>10</SU>
                    <FTREF/>
                     ADEM Admin. Code r. 335-13-5-.02(1)(c)1.(xiii) allows ADEM to request additional information to ensure compliance with all State and Federal requirements.
                </P>
                <FTNT>
                    <P>
                        <SU>10</SU>
                         Application for CCR Permit Program Approval. Alabama Department of Environmental Management. May 2026. Pages 22-23. ADEM staff “review CCR permit applications to ensure that sufficient information, maps, or reports have been submitted to: characterize the geology and hydrogeology at the facility; demonstrate compliance with location restrictions; demonstrate compliance with design criteria; demonstrate compliance with applicable groundwater monitoring requirements (and corrective action, if applicable); and demonstrate compliance with applicable closure and post-closure requirements.”
                    </P>
                </FTNT>
                <HD SOURCE="HD3">b. Draft Permit</HD>
                <P>Once ADEM staff determine that an application meets all applicable requirements, a draft permit is prepared and undergoes public notice and comment in accordance with the procedures discussed in Unit IV.A.2. of this preamble.</P>
                <HD SOURCE="HD3">c. Final Permit Determination</HD>
                <P>
                    In accordance with ADEM Admin. Code r. 335-13-5-.03(2), at the conclusion of the public participation process, ADEM will either: (1) Deny or not issue the permit, stating in writing the reasons for denial and informing the person requesting the permitting action of appeal procedures; (2) Issue the permit, if the application complies with applicable requirements; or (3) Request additional information or additional elements of design for the CCR unit. All final permit determinations are made known to the public, as described more 
                    <PRTPAGE P="43059"/>
                    fully in Unit IV.A.2.e of this document. Under ADEM Admin. Code r. 335-13-5-.02(3), a CCR facility permit is valid for the design life of the CCR facility, but for a period of no longer than ten years.
                </P>
                <HD SOURCE="HD3">d. Permit Revocation, Denial, Suspension, Renewal or Transfer</HD>
                <P>Permits to operate a CCR unit are subject to revocation, denial, or suspension under ADEM Admin. Code r. 335-13-5-.05, if the permittee is found to be in violation of any permit conditions, fails to follow approved operational parameters for the permitted activity, fails to seek a permit modification required by ADEM Admin. Code r. 335-13-5-.06, creates a nuisance, or stops receiving waste as specified by ADEM Admin. Code r. 335-13-15-.07(3)(e).</P>
                <P>In accordance with ADEM Admin. Code r. 335-13-5-.02(4), requests for permit renewals are required to be submitted to ADEM at least 180 days prior to the expiration date of the existing permit. The same permit application elements are required for renewal permit applications as are required for initial CCR permits. ADEM Admin. Code r. 335-13-5-.07 prohibits the transfer of a permit from one person to another without complying with provisions of ADEM Admin. Code r. 335-13-5-.07(1) relating to the transfer of permits. Under ADEM Admin. Code r. 335-13-5-.07(1)(a), a notification must be submitted to ADEM at least 30 days prior to the proposed transfer or name change and must be approved by ADEM.</P>
                <HD SOURCE="HD3">e. Permit Modifications</HD>
                <P>Following the initial issuance of a CCR permit, ADEM may modify a permit after receiving a satisfactory application from the permittee at least 120 days prior to the anticipated change. ADEM Admin. Code r. 335-13-5-.06(3)(a). The application for modification must identify the proposed changes to the permit or plans and include revised plans and narratives for ADEM to review. ADEM Admin. Code r. 335-13-5-.06(1) and (2) describe permit modifications, including modifications of CCR permits, as major or minor. In accordance with ADEM Admin Code r. 335-13-5-.06(1), a permittee must request a major modification for the addition of, or a change in the design of, a liner and/or leachate collection system, as well as for the addition of acreage to the facility boundary, and the addition of disposal acreage where design plans were not previously submitted. Major modifications require a public notice and public comment period under the same procedures as for issuance of initial permits.</P>
                <P>Minor modifications are divided into two categories; those that require public notice and a public comment period and those that do not. ADEM Admin. Code r. 335-13-5-.06(2)(a) lists certain categories of minor modifications that do not require a public notice or comment: corrections of typographical errors and informational changes, certain changes to remove permit conditions, changes by the permittee that increase the frequency, duration or stringency of the actions required by an applicable plan, addition of new groundwater monitoring wells or replacement of existing wells (of similar design and depth), changes in statistical analysis methods, changes in a stormwater conveyance system, and changes in fill sequence. In accordance with ADEM Admin. Code r. 335-13-5-.06(2)(b), minor modifications that require public notice and may require a public hearing include, but are not limited to, the addition of a waste stream, an increase in the average daily volume specified by a permit, addition of an alternative cover material, incorporation of or change to final remedies for facilities (including CCR facilities) undergoing corrective action, changes to permitted final fill elevations, any change to the approved final closure method detailed in an approved closure plan, and the addition of or a design change in an on-site leachate treatment system, unless a permittee demonstrates in accordance with ADEM Admin. Code r. 335-13-5-.06(2)(c) that any of those proposed changes do not substantially alter permit conditions and merely keep a permit current with routine changes to the facility or its operations, similar to other modifications not requiring public notice under ADEM Admin. Code r. 335-13-5-.06(2)(a).</P>
                <P>Additionally, ADEM Admin. Code r. 335-13-5-.06(4) allows ADEM to initiate CCR permit modifications in three instances: (1) When ADEM has determined that a permit contains typographical or informational errors that need to be corrected; (2) When ADEM receives supplemental information regarding a previously approved permitting action that was not available at the time of permit issuance (other than revised regulations, guidance or test methods); and (3) When the standards or rules on which a permit was based have changed by statute, through promulgation of new or amended standards or rules, or by judicial decision after a permit was issued. ADEM-initiated permit modifications require public notice and a public comment period only if the permit modifications are initiated because of changes in State standards or rules.</P>
                <P>EPA has preliminarily determined that the Alabama approach to CCR permit issuance and oversight is adequate, and that this aspect of the Alabama CCR permit program meets the standard for program approval.</P>
                <HD SOURCE="HD3">2. Guidelines for Public Participation</HD>
                <P>Based on RCRA section 7004, 42 U.S.C. 6974, it is EPA's judgment that an adequate State CCR permit program will ensure that: (1) Documents for permit determinations are made available for public review and comment; (2) Final determinations on permit applications are made known to the public; and (3) Public comments on permit determinations are considered. Alabama has adopted public participation opportunities for its CCR permit program that can provide an inclusive dialogue, allowing interested parties to talk openly and frankly about issues within the CCR program and search for mutually agreeable solutions to differences. An overview of the Alabama public participation provisions is provided below.</P>
                <HD SOURCE="HD3">a. Public Notice</HD>
                <P>
                    ADEM Admin. Code r. 335-13-5-.03 requires public notice when issuing an initial CCR permit, renewing a CCR permit, or making any permit modification requiring public notice. ADEM notifies the public by publishing the permit or modification application and preliminary permit determination, draft permit, information on how to obtain a copy of the application, and draft permit on ADEM's website, no less than 35 days prior to the proposed issuance date of the permit action (or hearing date, if a hearing is to be held). Landowners adjacent to the CCR unit, whose information is provided by the facility in the permit or modification application, are sent a copy of the public notice by certified mail. ADEM also maintains a list of interested parties that receive a copy of the notice. The public notice includes detailed information on how the public may submit written comments on the draft permitting action and when the comment period closes. The notice also specifies that written comments received prior to the close of the public comment period will be considered and entered into the public record. The notice provides information on how to find the response to comments and final permit determination, as well as how to be included on ADEM's mailing list of 
                    <PRTPAGE P="43060"/>
                    interested individuals who are emailed legal notices regarding proposed permitting actions.
                </P>
                <HD SOURCE="HD3">b. Option for a Public Hearing</HD>
                <P>
                    In accordance with ADEM Admin. Code r. 335-13-5-.04, ADEM may authorize a public hearing upon receipt of a significant number of technical requests.
                    <SU>11</SU>
                    <FTREF/>
                     Additionally, for initial permit applications, ADEM stated that its practice is to hold a public hearing prior to making a permitting decision regardless of the volume or nature of comments received during the public notice period. If a public hearing is to be held, Alabama asserts that the public notice will be issued not less than 35 days in advance and will include information on the date, time and location of the hearing and who to contact if special accommodations are necessary for an individual to participate in the public hearing. Oral comments received during any public hearing held are given the same consideration as written comments received during the public comment period.
                </P>
                <FTNT>
                    <P>
                        <SU>11</SU>
                         Application for CCR Permit Program Approval. Alabama Department of Environmental Management. May 2026. Page 89: “Technical requests are those that address the conditions of the proposed permit action; the Department's adherence to the applicable environmental laws, rules, and regulations in development of the proposed permit action; or issues that have an impact on the applicant's ability to meet applicable environmental laws, rules, and regulations.”
                    </P>
                </FTNT>
                <HD SOURCE="HD3">c. Public Comment Period</HD>
                <P>Per ADEM Admin. Code r. 335-13-5-.03(1)(b)3., a 35-day public comment period is provided for ADEM to receive comments related to the proposed permitting action. The comment period will be extended to include comments submitted at a public hearing, if one is held on a proposed permitting action, if the hearing is scheduled after the end of the original 35-day comment period. In addition, the public comment period may be extended for good cause to ensure that the public receives adequate notice and has a reasonable opportunity to submit comments on a proposed permitting action. Examples for extension of the comment period may include governmental closures due to disasters or other emergencies, problems or errors in the public notice provided, extreme weather events, or deadlines that fall on State or Federal holidays.</P>
                <HD SOURCE="HD3">d. Consideration of All Public Comments</HD>
                <P>All comments that are received during the comment period are compiled and evaluated by ADEM's Solid Waste Engineering Section staff. If comments are received, comments relating to the technical and regulatory conditions of the draft permit, whether written or presented orally at a public hearing, are responded to and the responses are provided to commenters and become part of the public record.</P>
                <HD SOURCE="HD3">e. Final Permit Determination</HD>
                <P>
                    After consideration of all comments, review of the public hearing record (if a public hearing was held), and applicable regulations, ADEM will make a final determination on the proposed permit action. ADEM will also develop a response to comments, which will become part of the public record. The final permit determination, the permit, and the response to comments will be available to persons electronically via ADEM's eFile service which can be found at 
                    <E T="03">https://www.adem.alabama.gov</E>
                     or by contacting the ADEM Records Manager at 
                    <E T="03">records@adem.alabama.gov.</E>
                     Notification of the final permit determination and response to comments will be mailed to all commenters that did not provide an email address. Commenters who provided ADEM with an email address will be emailed a link to the final determination, the permit, and the response to comments document on ADEM's eFile service.
                </P>
                <HD SOURCE="HD3">f. Challenges To Permit Decisions</HD>
                <P>ADEM Admin. Code ch. 335-2-1 includes procedures for any person aggrieved by any administrative action of ADEM, including permitting actions, to challenge those actions. The procedures include an opportunity to file a request for a hearing before the Alabama Environmental Management Commission (EMC) within 30 days of the relevant permitting action. Within 30 days after the conclusion of such hearing, the EMC must issue an order modifying, approving, or disapproving ADEM's action. The EMC is the governor-appointed State board that sets environmental policy for Alabama. It adopts State environmental regulations and serves as the appellate body that hears administrative appeals for permits issued by ADEM.</P>
                <P>EPA has preliminarily determined that the Alabama approach to public participation requirements provides adequate opportunities for public participation in the CCR permitting process sufficient to meet the standard for program approval.</P>
                <HD SOURCE="HD3">3. Guidelines for Compliance Monitoring Authority</HD>
                <P>An adequate permit program must provide the State with the authority to gather information about compliance, perform inspections, and ensure that information it gathers is suitable for enforcement.</P>
                <P>In accordance with Code of Alabama 1975, section 22-27-12(6) and ADEM Admin. Code r. 335-13-1-.11(2), ADEM is authorized to enter, during reasonable hours, to inspect, investigate, obtain samples, monitor, or observe the transfer, treatment, storage, or disposal of solid waste or examine or copy records (both during and after an inspection has concluded) to determine compliance with applicable rules and regulations. Furthermore, ADEM Admin Code r. 335-13-6-.01 provides for the unannounced periodic inspection of all solid waste facilities, including CCR units, as well as the right of entry.</P>
                <P>
                    EPA has reviewed the Application and determined that the State has authorities and guidelines for inspections, analysis and monitoring, which allow the State to: (1) Verify the accuracy of information submitted by owners or operators of the CCR unit; (2) Verify the adequacy of methods (including sampling) used by owners or operators in developing that information; (3) Produce evidence admissible in an enforcement proceeding; and (4) Receive and ensure proper consideration of information submitted by the public. Overall statutory authority for the State solid waste program is set forth in Code of Alabama 1975, sections 22-27-7, 22-27-9, 22-27-12, 22-22A-5, and 22-22A-8. These statutory provisions, as well as ADEM Admin. Code r. 335-13-1-.11(2) and 335-13-6-.01(2), give ADEM authority during an inspection to obtain all information necessary, including the authority to conduct monitoring and testing, to determine whether the owner/operator is in compliance with CCR requirements. To help ensure compliance inspection consistency, all field inspections for CCR facilities are carried out by State personnel who receive extensive and periodic training. Furthermore, all recommendations for enforcement consideration are submitted for managerial review. State personnel are required to perform complete and comprehensive surveys of the regulated activities and document the results in an inspection report. EPA believes that field inspections, combined with the review of facility files, will allow ADEM to ensure that compliance monitoring is adequate in determining any noncompliance with CCR program requirements. The results of the field inspections are stored in Alabama's publicly accessible eFile system. In addition, the State ensures that it 
                    <PRTPAGE P="43061"/>
                    receives and properly considers information submitted by the public as Alabama places a high priority on addressing public comments and investigating and tracking complaints in ADEM's Complaint Tracking Database.
                </P>
                <P>EPA has preliminarily determined that these compliance monitoring authorities are adequate, and that this aspect of the Alabama CCR permit program meets the standard for program approval.</P>
                <HD SOURCE="HD3">4. Guidelines for Enforcement Authority</HD>
                <P>An adequate State CCR permit program must provide the State with adequate enforcement authority to administer its State CCR permit program, including the authority to: (1) Restrain any person from engaging in activity which may damage human health or the environment, (2) Sue to enjoin prohibited activity, and (3) Sue to recover civil penalties for prohibited activity.</P>
                <P>
                    EPA has reviewed the Application and determined that ADEM has adequate enforcement authority under the State's statutes to immediately address activities which may endanger or cause damage to human health and the environment. Code of Alabama 1975, section 22-22A-5(10) authorizes ADEM to issue, modify, suspend or revoke orders, citations, notices of violation, licenses, certifications or permits. Furthermore, in accordance with Code of Alabama 1975, section 22-27-11(d), the Attorney General (or any district attorney) may bring an action in a court of competent jurisdiction for an injunction to restrain any and all violations of sections 22-27-1 
                    <E T="03">et seq.</E>
                     of the Code of Alabama 1975, or any public nuisance or detriment to public health.
                </P>
                <P>ADEM can sue in superior court for permanent and temporary injunctions, restraining orders, and other relief for activities that violate the State CCR permit program, and the State also may prosecute, defend, or settle actions brought by or against ADEM. See Code of Alabama 1975, section 22-22A-5(12). Code of Alabama 1975, section 22-22A-5(18)c. authorizes ADEM to issue an administrative order assessing civil penalties (up to $25,000.00 per violation), and section 22-22A-5(18)b. authorizes ADEM to commence a civil action in the circuit court to recover a civil penalty for the violation of any provision of law, any rule, regulation or standard promulgated by ADEM and any provision of any order, or any condition of any permit, license, certification or variance issued by ADEM.</P>
                <P>Based on the foregoing, EPA has preliminarily determined that the enforcement authority aspect of the Alabama CCR permit program meets the standard for program approval.</P>
                <HD SOURCE="HD3">5. Intervention in Civil Enforcement Proceedings</HD>
                <P>Based on RCRA section 7004, an adequate CCR State permit program must provide an opportunity for citizen intervention in civil enforcement proceedings. Specifically, the State must either: (1) Provide for citizen intervention as a matter of right; or (2) Have in place a process to: (a) Provide notice and opportunity for public involvement in civil enforcement actions, (b) Investigate and provide responses to citizen complaints about violations, and (c) Not oppose citizen intervention when permissive intervention is allowed by statute, rule, or regulation.</P>
                <P>
                    Alabama has specific authorities under Code of Alabama 1975, section 22-22A-5(18)b. for persons adversely affected by a violation to intervene as a matter of right in any civil action brought by ADEM to recover civil penalties. In addition, Alabama Code 1975, section 22-22A-5(19), which authorizes ADEM to commence a civil action to enjoin a violation, allows any person having an interest which is or may be adversely affected to intervene as a matter of right. Furthermore, the Code of Alabama, 1975, section 22-22A-7(c) entitles any person aggrieved by an administrative action (
                    <E T="03">i.e.,</E>
                     the issuance, denial, modification, or revocation of a Notice of Violation, order, permit citation, license, certification or variance) to an administrative hearing before the Alabama EMC. Lastly, Rule 24(a) of the Alabama Rules of Civil Procedure is virtually identical to rule 24(a) of the Federal Rules of Civil Procedure and allows intervention in an issue: “(1) when a statute confers an unconditional right to intervene; or (2) when the applicant claims an interest relating to the property or transaction which is subject of the action.”
                </P>
                <P>EPA has preliminarily determined that these authorities provide for an adequate level of citizen involvement in the enforcement process, and that this aspect of the Alabama CCR permit program meets the standard for program approval.</P>
                <HD SOURCE="HD3">A. Adequacy of Technical Criteria</HD>
                <P>EPA conducted an analysis of the Alabama CCR permit program Application, including a thorough analysis of Alabama statutory authorities for the CCR program, as well as regulations at ADEM Admin. Code ch. 335-13-15, Standards for the Disposal of Coal Combustion Residuals in Landfills and Impoundments. As noted, Alabama has requested approval of its partial CCR permit program.</P>
                <HD SOURCE="HD3">1. Alabama CCR Units and Resources</HD>
                <P>
                    ADEM has identified 16 CCR units (3 landfills and 13 surface impoundments) in Alabama.
                    <SU>12</SU>
                    <FTREF/>
                     ADEM demonstrated that it has the personnel and funding to administer a permit program that is at least as protective as the Federal requirements.
                    <SU>13</SU>
                    <FTREF/>
                     The State also indicates that the State program is funded from three sources: tipping fees collected for the disposal of solid waste, permitting fees, and civil penalties from enforcement orders. In addition, ADEM has been awarded a total of $1,069,479 from EPA's CCR State and Tribal Assistance Grants (STAG) funding. to develop and implement its CCR permit program. EPA anticipates ADEM will be awarded an additional $203,390 in the upcoming round of funding, for a total of $1,272,869. If EPA receives future appropriations, ADEM may be eligible to receive additional STAG funds for implementation of its CCR permit program. EPA has preliminarily determined that ADEM staffing and funding are adequate for ADEM to administer the CCR permit program, with or without additional Federal grant funds.
                </P>
                <FTNT>
                    <P>
                        <SU>12</SU>
                         For more information on the specific facilities covered by the Alabama CCR Permit Program, see page 16-20 of the Program Description, which is in the State's May 2026 Application.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>13</SU>
                         The discussion on State personnel and funding is included on pages 18-19 of the Program Description, which is in the State's May 2026 Application.
                    </P>
                </FTNT>
                <HD SOURCE="HD3">1. Alabama CCR Regulations</HD>
                <P>As stated above, EPA has preliminarily determined that the portions of the Alabama CCR permit program that were submitted for approval in the Application meet the standard for approval under RCRA section 4005(d)(1)(B)(i), 42 U.S.C. 6945(d)(1)(B)(i). To make this preliminary determination, EPA compared the technical requirements in the Alabama CCR regulations at ADEM Admin. Code ch. 335-13-15 to the Federal CCR regulations at 40 CFR part 257, subpart D to determine whether the State's regulations differ from the Federal requirements, and if so, whether those differences met the standard in RCRA sections 4005(d)(1)(B)(ii) and (C), 42 U.S.C. 6945(d)(1)(B)(ii) and (C).</P>
                <P>
                    ADEM derives its authority to operate the Solid Waste Program in Alabama from the following statutory provisions 
                    <PRTPAGE P="43062"/>
                    of the Code of Alabama, 1975: (1) sections 22-22A-5 and 22-22A-8, which provide ADEM with the authority to administer and enforce the Solid Wastes and Recyclable Materials Management Act (SWRMMA), to adopt and promulgate rules, regulations, and standards through the EMC, and to develop environmental policy for the State; and to serve as the State Agency responsible for administering Federally approved or Federally delegated environmental programs; (2) sections 22-27-7 and 22-27-9, which provide ADEM with authority over the management of solid waste in the State and the permitting and operation of solid waste management facilities; and (3) section 22-27-12, which provides ADEM with the authority to promulgate and adopt rules establishing requirements for the management of solid waste and to issue permits with conditions regarding the management of such solid waste.
                </P>
                <P>ADEM Admin. Code ch. 335-13-15 largely replicates the requirements of 40 CFR part 257, subpart D. In addition to the technical criteria in ADEM Admin. Code ch. 335-13-15, Alabama has adopted State-specific permitting procedures, including public participation requirements, at ADEM Admin. Code ch. 335-13-05. Alabama also has additional reporting and approval requirements for CCR units described more in the Technical Support Document.</P>
                <P>In addition, ADEM's regulations contain provisions, not found in the Federal CCR regulations, allowing variances to be granted from specific provisions of the State's CCR program that are in addition to or more stringent than the Federal CCR regulations. These provisions are found in ADEM Admin. Code r. 335-13-15-.15, which provides that variances may be granted based on the procedures set out in ADEM Admin. Code ch. 335-13-8. In addition to specifying that variances may be granted only from requirements that are in addition to or more stringent than an analogous Federal regulation, ADEM Admin. Code r. 335-13-8-.01 provides that variance requests will not be granted for provisions of the State CCR regulations that are identical to the Federal CCR regulations. A facility must file a petition for variance with ADEM with adequate proof that the variance will not threaten public health or unreasonably create environmental pollution at least 120 days prior to the anticipated change that necessitates a variance. A public notice with the possibility of a public hearing is required for a variance. See ADEM Admin. Code r. 335-13-15-.15, 335-13-8-.12 and 335-13-8-.13. Written approval from ADEM must be received prior to the implementation of the proposed change that necessitates a variance. If at any time ADEM determines that a previously approved variance threatens public health or unreasonably creates environmental pollution, ADEM may revoke the variance.</P>
                <P>Upon approval of the Alabama CCR permit program, ADEM indicated in the Application that it will limit consideration of variances to the following provisions of ADEM Admin. Code ch. 335-13-15 because they are not found in the Federal CCR regulations:</P>
                <P>• ADEM Admin. Code r. 335-13-15-.03(6) which requires a 100-foot buffer from the perimeter of the facility boundary, around wetlands, beaches, or dunes. Disposal or storage practices of solid waste are prohibited within the buffer area.</P>
                <P>• ADEM Admin. Code r. 335-13-15-.05(6)(b) which requires that the disposal area be identified with sufficient boundary markers which are at least visible from one marker to the next.</P>
                <P>• ADEM Admin. Code r. 335-13-15-.05(7)(b) which requires that a minimum of six inches of compacted earth or alternative cover material, as approved by ADEM, be added at the conclusion of each week's operation.</P>
                <P>• ADEM Admin. Code r. 335-13-15-.05(7)(d) which requires that waste be placed onto an appropriate slope not to exceed 4:1 (25 percent).</P>
                <P>• ADEM Admin. Code r. 335-13-15-.07(3)(d)3.(i)(III) which requires that the final grade of the final cover system shall not be less than five percent.</P>
                <P>• ADEM Admin. Code r. 335-13-15-.07(3)(d)3.(i)(IV) which requires that the final grade of the final cover system shall not exceed 25 percent.</P>
                <P>• ADEM Admin. Code r. 335-13-15-.07(3)(d)3.(i)(V) which requires that for slopes longer than 25 feet, horizontal terraces be installed for every 20 feet of rise in elevation or the facility may utilize other erosion control measures approved by ADEM.</P>
                <P>EPA has preliminarily determined that the ADEM variance provisions, which are only applicable to the identified State-only requirements, are at least as protective as the Federal CCR regulations. Alabama identified the State-only provisions for which the variance provisions may apply, and EPA is proposing to limit its approval of ADEM's use of the variance provisions to only those State-only provisions identified above. To clarify the scope of the variance provisions prospectively, EPA expects the State to revise the variance provisions in ADEM Admin. Code r. 335-13-15-.15 to expressly limit such provisions to only the list of eligible, State-only provisions the next time the State revises its CCR regulations.</P>
                <HD SOURCE="HD3">1. Alabama Partial Program</HD>
                <P>ADEM is seeking approval of its partial CCR permit program pursuant to RCRA section 4005(d). ADEM's rules mirror 40 CFR part 257, subpart D, as amended through August 28, 2020 (85 FR 53516), with additional amendments made to 40 CFR 257.102(d)(3)(ii) and 257.103(f)(1)(vi) on November 12, 2020 (85 FR 72506), but excluding certain provisions of the July 30, 2018 Final Rule (83 FR 36435); however, the Federal CCR regulations have changed since then as a result of litigation and the Legacy CCR surface impoundments and CCR management units final rule (89 FR 38985, May 8, 2024) (the 2024 Legacy Rule), and the CCR Management Unit Deadline Extension Rule (91 FR 5806, February 10, 2026). ADEM has not adopted regulations reflecting certain 2018, 2024, or February 2026 changes. Therefore, ADEM has not sought approval of any State regulations that would operate in lieu of these amendments. EPA is proposing approval of only those aspects of Alabama's CCR program that were submitted for approval.</P>
                <P>In the 2024 Legacy Rule, EPA amended certain terms and provisions that apply to all CCR units. It is EPA's understanding that ADEM interprets the provisions in ADEM Admin. Code ch. 335-13-15 the same as EPA interprets these in 40 CFR part 257, subpart D. Therefore, EPA is approving the State's version of these requirements:</P>
                <P>1. Throughout 40 CFR part 257, subpart D, the regulations were amended by removing the phrase “website” and adding in its place the word “website” wherever it appears.</P>
                <P>2. 40 CFR 257.50(c); this amendment revises the scope of applicability to specify that it includes inactive CCR surface impoundments at utilities or power producers regardless of how electricity is currently being produced at the facility.</P>
                <P>3. 40 CFR 257.51; this section was reserved, as the effective date of 40 CFR part 257, subpart D, October 19, 2015, has passed.</P>
                <P>
                    4. 40 CFR 257.52; this amendment clarifies that all CCR units are subject to the requirement to comply with all other Federal, State, Tribal, or local laws or other requirements. In addition, all CCR units continue to be subject to §§ 257.3-1, 257.3-2, and 257.3-3.
                    <PRTPAGE P="43063"/>
                </P>
                <P>5. “Active facility or active electric utilities or independent power producers”; this amendment to 40 CFR 257.53 clarifies that the relevant operational date for any active facility or active electric utilities or independent power producers is on or after October 19, 2015.</P>
                <P>6. “CCR landfill or landfill”; this amendment to 40 CFR 257.53 clarifies that a CCR landfill means an area of land or an excavation that “contains,” rather than “receives,” CCR, and meets the other criteria of the definition.</P>
                <P>7. “CCR surface impoundment or impoundment”; this amendment to 40 CFR 257.53 deleted the words “which is.”</P>
                <P>8. “CCR unit”; this amendment to 40 CFR 257.53 clarifies that this term includes legacy CCR surface impoundments and CCRMU.</P>
                <P>9. “Inactive CCR surface impoundment”, this amendment to 40 CFR 257.53 clarifies that this term is applicable to inactive CCR surface impoundments “located at an active facility.”</P>
                <P>10. “State director”; this amendment to 40 CFR 257.53 clarifies that the State director is the chief administrative officer of the lead State agency responsible for implementing the State program regulating disposal in all CCR units.</P>
                <P>11. “Technically feasible or feasible”; this amendment to 40 CFR 257.53 clarifies that certain requirements of 40 CFR part 257, subpart D refer only to feasible rather than technically feasible. The amendment ensures that these terms are interpreted in the same way.</P>
                <P>12. “Technically infeasible or infeasible”; this amendment to 40 CFR 257.53 clarifies that certain requirements of 40 CFR part 257, subpart D refer only to infeasible rather than technically infeasible. The amendment ensures that these terms are interpreted in the same way.</P>
                <P>13. 40 CFR 257.61(a); this amendment updates a reference to 40 CFR 230.41(a), as the previously referenced provision has since been amended.</P>
                <P>14. 40 CFR 257.80(a); this amendment clarifies that all CCR units are subject to the fugitive dust requirements.</P>
                <P>15. 40 CFR 257.90(a); this amendment clarifies that all CCR units are subject to the groundwater monitoring and corrective action requirements. In addition, it corrects a typographical error.</P>
                <P>16. 40 CFR 257.100(a)(1); this amendment clarifies that inactive CCR surface impoundments, regardless of how the facility produces electricity through non-fuels, are subject to the same compliance deadlines applicable to existing CCR surface impoundments, subject to certain requirements.</P>
                <P>17. 40 CFR 257.104(a); this amendment clarifies that all owners or operators of CCR units that are subject to § 257.102 are subject to the post-closure care requirements, except for those owners and operators of a CCR unit that elect to close the CCR unit by removing CCR.</P>
                <P>First, in the Application, ADEM stated that it is not seeking approval of the following provisions of the State regulations into the Federally approved program:</P>
                <P>1. ADEM Admin. Code r. 335-13-15-.06(6)(h)2.: The State has adopted the groundwater protection standards for cobalt, lead, lithium, and molybdenum found at 40 CFR 257.95(h)(2) but is not seeking approval because the Federal provision has been challenged and is under reconsideration.</P>
                <P>2. ADEM Admin. Code r. 335-13-15-.07(4)(f): This State provision is the analog to the Federal requirement for alternative closure deadlines, found at 40 CFR 257.103(f). ADEM amended ADEM Admin. Code ch. 335-13-15 to reflect EPA's August 28, 2020, Part A rule revisions to 40 CFR 257.103. However, ADEM is not seeking approval for the State analog to 40 CFR 257.103(f) as no Alabama CCR units applied for an alternative closure extension and the deadline for submittals has passed.</P>
                <P>3. Certain general solid waste definitions not applicable to CCR units: Pursuant to ADEM Admin. Code r. 335-13-15-.02, terms not defined in the State's CCR permit program regulations have the meaning given to them in the State's solid waste general provisions at ADEM Admin. Code r. 335-13-1-.03. EPA interprets the State's Application as requesting approval of only those general solid waste definitions from ADEM Admin. Code r. 335-13-1-.03 that are incorporated into the State's CCR permit program regulations pursuant to ADEM Admin. Code r. 335-13-15-.02. All other general solid waste definitions are not within the scope of the Application.</P>
                <P>4. ADEM solid waste regulations unrelated to CCR: While Alabama provided EPA with the State's entire solid waste program regulations for reference, the State did not request EPA approval of State regulations unrelated to the State's CCR partial permit program, such as ADEM Admin. Code ch. 335-13-2 through 335-13-4, ch. 335-13-9 through 335-13-14, and ch. 335-13-16.</P>
                <P>Second, the following list identifies amendments to the requirements in 40 CFR part 257, subpart D that were not included in Alabama's Application and, therefore, these Federal provisions will continue to apply directly to, and remain Federally enforceable for, each CCR unit in Alabama. Meaning, the requirements in ADEM Admin. Code ch. 335-13-15 that do not meet the standard for approval or are not included in the State CCR regulations as of the date of the Proposed Approval, as enumerated below, are not being approved:</P>
                <P>1. “Contains both CCR and liquids”; this additional definition in 40 CFR 257.53 is consistent with the term's plain meaning and dictionary definitions as this term is used in the closure performance standard in § 257.102(d)(2)(i) for CCR surface impoundments. </P>
                <P>2. “Infiltration”; this additional definition in 40 CFR 257.53 is consistent with the term's plain meaning and dictionary definitions to assist in the application of closure performance standards for CCR units.</P>
                <P>3. “Liquids”; this additional definition in 40 CFR 257.53 is consistent with the term's plain meaning and dictionary definitions to assist in the applicability for CCR surface impoundments and the application of closure performance standards for CCR units.</P>
                <P>4. 40 CFR 257.71(d) for alternate liner demonstrations; and</P>
                <P>5. 40 CFR 257.90(g) for suspension of groundwater monitoring requirements based on a no migration demonstration.</P>
                <P>Third, EPA amended certain provisions of the Federal CCR regulations in the 2024 Legacy Rule that apply to all CCR units and are more prescriptive than the requirements in the 2015 CCR Rule. ADEM did not adopt these amendments and did not seek approval of these provisions. Thus, the following Federal provisions will be directly applicable to CCR units in Alabama:</P>
                <P>1. “Operator”; this amendment to 40 CFR 257.53 specifies the definition of operator to include certain other person(s) including those responsible for disposal or otherwise actively engaged in the solid waste management of CCR and person(s) responsible for directing or overseeing groundwater monitoring, closure or post-closure activities at a CCR unit.</P>
                <P>2. “Owner”; this amendment to 40 CFR 257.53 broadened the definition of owner to include person(s) who own a facility, whether in full or in part.</P>
                <P>
                    3. 40 CFR 257.80(b)(6); this amendment specifies that the owner or operator must amend the written fugitive dust control plan no later than 30 days whenever there are certain changes in condition.
                    <PRTPAGE P="43064"/>
                </P>
                <P>4. 40 CFR 257.102(c)(2); this amendment specifies the criteria for complete removal and decontamination activities during the active life and post-closure care period of a CCR unit.</P>
                <P>5. 40 CFR 257.102(d)(2); this amendment specifies that the closure performance standards for drainage and stabilization of a unit when leaving CCR in place apply to all CCR units, including CCR management units (CCRMU) and CCR landfills, where free liquids remain in the unit.</P>
                <P>6. 40 CFR 257.102(f)(2)(ii)(C) and(D); these amendments specify that CCR landfills that intersect with groundwater are eligible for the closure time extensions available to CCR surface impoundments, subject to certain requirements.</P>
                <P>7. 40 CFR 257.104(a)(2), (c)(1) and (3); these amendments specify that an owner or operator closing a CCR unit pursuant to the closure by removal and decontamination standards during the active life and post-closure care period, 40 CFR 257.102(c)(2), must complete groundwater corrective action.</P>
                <P>
                    8. 40 CFR 257.104(g); this amendment specifies that a deed notation, required pursuant to 40 CFR 257.102(i), may be removed after the owner or operator demonstrates that groundwater monitoring concentrations no longer exceed any protection standard (
                    <E T="03">i.e.,</E>
                     the unit must be in detection monitoring) and certain notifications of completion of post-closure care are completed.
                </P>
                <P>9. 40 CFR 257.105(a); this amendment specifies that each file in the operating record must indicate the date the file was placed in the record.</P>
                <P>10. 40 CFR 257.105(e); (f)(1) through (14); (f)(19); (g); (h)(1) through (4); (h)(10) through (11); (h)(13) through (14); (i)(4) through (20); these amendments extend the retention times for certain documents maintained in the operating record.</P>
                <P>11. 40 CFR 257.107(b); this amendment specifies that owners and operators using one website to meet the requirements of multiple environmental rules must delineate the postings for each regulatory program under a separate heading on the combined website.</P>
                <P>12. 40 CFR 257.107(e); (f)(1) through (4); (f)(6) through (13); (f)(18); (g); (h)(1) through (3); (h)(8); (h)(10) through (11); (i)(4) through (20); these amendments extend the retention times for certain documents maintained on the facility's CCR website.</P>
                <P>Fourth, in the 2024 Legacy Rule, EPA added requirements for legacy CCR surface impoundments. ADEM did not adopt these amendments. Thus, any legacy CCR surface impoundments in Alabama will remain directly subject to the following Federal CCR regulations:</P>
                <P>1. 40 CFR 257.50(e); this amended provision specifies that 40 CFR part 257, subpart D applies to electric utilities or independent power producers that ceased producing electricity prior to October 19, 2015, and have a legacy CCR surface impoundment onsite.</P>
                <P>2. “Inactive facility or inactive electric utility or independent power producer”; this added definition to 40 CFR 257.53 specifies the facility where legacy CCR surface impoundments are located.</P>
                <P>3. “Legacy CCR surface impoundment”; this added definition to 40 CFR 257.53 specifies a new type of CCR unit that meets certain criteria.</P>
                <P>4. 40 CFR 257.100(a)(2); EPA amended 40 CFR 257.100(a) to add paragraph (2), which specifies that legacy CCR surface impoundments are subject to all of the requirements applicable to existing CCR surface impoundments, except for the requirements in 40 CFR 257.60 through 257.64 and 257.71.</P>
                <P>5. 40 CFR 257.100(f) through (j); these additional provisions include reporting and technical requirements for legacy CCR surface impoundments.</P>
                <P>6. 40 CFR 257.101(e); this added provision specifies the deadlines when owners or operators of legacy CCR surface impoundments must initiate closure.</P>
                <P>7. 40 CFR 257.101(g); this added provision specifies requirements for deferral to permitting for closures conducted under substantially equivalent regulatory authority.</P>
                <P>8. 40 CFR 257.105(k), 257.106(k), and 257.107(k); these added provisions specify recordkeeping, notification, and CCR website posting requirements for legacy CCR surface impoundments.</P>
                <P>Fifth, in the 2024 Legacy Rule, EPA also added requirements for CCR management units. ADEM did not adopt these provisions. Thus, any CCR management units in Alabama will remain directly subject to the following Federal CCR regulations:</P>
                <P>1. 40 CFR 257.50(d); this amended provision specifies the scope of CCRMU requirements.</P>
                <P>2. “CCR management unit”; this additional definition in 40 CFR 257.53 is for a new type of CCR unit.</P>
                <P>3. “Closed prior to October 19, 2015”; this additional definition in 40 CFR 257.53 specifies the applicability of CCR landfills or surface impoundments that completed closure of the unit in accordance with State law prior to October 19, 2015.</P>
                <P>4. “Critical infrastructure”; this additional definition in 40 CFR 257.53 specifies infrastructure, large buildings, or other structures vital to the success or continuation of current site operations or activities for the public welfare. Under the Federal CCR regulations, CCRMU located under critical infrastructure have the option to defer certain requirements to permitting.</P>
                <P>5. “Inactive CCR landfill”; this additional definition in 40 CFR 257.53 is for a new type of CCR unit related to CCRMU.</P>
                <P>6. “Regulated CCR unit”; this additional definition in 40 CFR 257.53 is a conforming change, which means any new CCR landfill, existing CCR landfill, new CCR surface impoundment, existing CCR surface impoundment, inactive CCR surface impoundment, or legacy CCR surface impoundment. This term specifies that CCRMU are not considered regulated CCR units.</P>
                <P>7. 40 CFR 257.75; this additional section includes requirements for identifying CCRMU.</P>
                <P>8. 40 CFR 257.90(b)(3); this additional provision specifies a deadline for the owners and operators of CCRMU to comply with certain groundwater monitoring requirements.</P>
                <P>
                    9. 40 CFR 257.90(e); EPA amended one sentence in this provision to add an annual groundwater monitoring and corrective action report deadline for CCRMU. ADEM has not adopted this amendment, 
                    <E T="03">see</E>
                     335-13-15-.06(1)(e). Therefore, the majority of this provision, as adopted by ADEM based on the August 28, 2020, version of 40 CFR 257.90(e), is approved for ADEM to administer, but the added deadline for CCRMU will remain the applicable criteria for CCRMU in the State and any CCRMU in the State will remain directly subject to the Federal CCR regulations.
                </P>
                <P>10. 40 CFR 257.95(b); this amended provision adds a deadline for CCRMU to sample and analyze the groundwater for all constituents in 40 CFR part 257, appendix IV.</P>
                <P>11. 40 CFR 257.101(f); this additional provision specifies the deadlines when CCRMU must initiate closure.</P>
                <P>12. 40 CFR 257.101(g) and (h); these include additional requirements for deferral to permitting for closures conducted under substantially equivalent regulatory authority and under critical infrastructure.</P>
                <P>13. 40 CFR 257.102(b)(2)(iii) and (v); these amended provisions renumber paragraph (b)(2)(iii) to (iv) and add new paragraphs (b)(2)(iii) and (v). The added provisions are only applicable to CCRMU.</P>
                <P>
                    14. 40 CFR 257.102(f)(1)(iii); this additional provision specifies when CCR management units must complete closure activities.
                    <PRTPAGE P="43065"/>
                </P>
                <P>15. 40 CFR 257.102(f)(2)(ii)(E) and (F); these additional provisions specify when CCR management units may extend the completion of closure activities.</P>
                <P>16. 40 CFR 257.104(d)(2)(iii); these amended provisions renumber paragraph (d)(2)(iii) to (iv) and add a new paragraph (d)(2)(iii). This added provision is only applicable to CCRMU.</P>
                <P>17. 40 CFR 257.105(f)(25) and (26), 40 CFR 257.106(f)(24) and (25), 40 CFR 257.107(f)(24) and (25); these include additional recordkeeping, notification, and CCR website posting provisions for CCRMU.</P>
                <P>EPA has preliminarily determined that the Alabama CCR regulations contain all of the technical elements of the Federal CCR regulations, including requirements for location restrictions, design and operating criteria, groundwater monitoring and corrective action, closure requirements and post-closure care, recordkeeping, notification, and CCR website posting requirements. The Alabama partial CCR permit program also contains State-specific language, references, definitions, and requirements that differ from the Federal CCR regulations, but which EPA has preliminarily determined to be “at least as protective as” the Federal criteria. These State-specific requirements are also discussed further in sections III.1. and V. of the Technical Support Document.</P>
                <P>The effect of approving a partial State CCR permit program is that, except for the provisions for which EPA has not granted approval, the Alabama partial CCR permit program will operate in lieu of the Federal CCR regulations. For the State provisions that are not approved upon finalization, the corresponding Federal requirements will continue to apply directly to facilities; therefore, facilities in Alabama must comply with both the Federal requirements and the State requirements, to the extent applicable based on the CCR units located at a specific facility. RCRA section 4005(d)(3).</P>
                <HD SOURCE="HD1">V. Alabama's Permits Issued Under the State CCR Regulations</HD>
                <P>Pursuant to Alabama's CCR regulations, requests for initial permits for all existing CCR units in Alabama were required to be filed with ADEM within 180 days after the original effective date of ADEM Admin. Code ch. 335-13-15, which was June 8, 2018. ADEM Admin. Code r. 335-13-5-.02(1)(c). All owners and operators of CCR units within the State applied for a permit. Subsequently, ADEM issued permits for the following CCR facilities: (1) The James H. Miller Electric Generating Plant (Permit #37-51, issued December 18, 2020); (2) Greene County Electric Generating Plant (Permit #32-03, issued December 18, 2020); (3) Gadsden Steam Plant (Permit #28-09, issued December 18, 2020); (4) James M. Barry Electric Generating Plant (Permit #49-35, issued July 1, 2021); (5) E.C. Gaston Electric Generating Plant (Permit #59-16, issued May 25, 2021); (6) Charles R. Lowman Power Plant (Permit #65-06, issued August 30, 2021); (7) Plant Gorgas (Permit #64-12, issued February 28, 2022); and (8) TVA Colbert Plant (Permit #17-11, issued October 25, 2022).</P>
                <HD SOURCE="HD2">A. Alabama's Permits Issued Under the State CCR Regulations Are Not Part of the Permit Program Evidence Under Review</HD>
                <P>As stated above, EPA denied approval of Alabama's 2021 CCR permit program application based on EPA's interpretation at the time that RCRA section 4005(d)(1)(B) requires EPA to review State CCR permits issued prior to a State applying for program approval as part of a State CCR permit program review. EPA interpreted the statute in this manner because the Agency maintained that State CCR permit program review included consideration of permits and implementation of the State program when such information is available prior to approval of the State program. EPA reached the conclusion to deny approval because the Agency determined that Alabama's CCR permits were not as protective as the Federal CCR regulations and recognized that, after approval of the State's CCR permit program, those permits would provide the facilities with a Federal permit shield. Since that time, EPA has revised its interpretation of the statute to only require review of existing State CCR permits as part of the Agency's program review when the State includes currently existing State permits in the application for approval of the State's program. See Proposed Approval of North Dakota CCR Permit Program, 94 FR 20985, 20995 (May 16, 2025) (concluding that EPA did not need to review North Dakota's State CCR permits because the State did not include the existing permits in the application). Where the existing permits are outside the scope of EPA's approval action, the facilities in the State do not obtain a Federal permit shield as a result of EPA's approval of the State program and remain directly subject to the applicable CCR regulations until the State amends and reissues each facility's entire CCR permit with public notice and comment after State program approval. Any deficiencies with a CCR permit issued subsequently under the now-approved program can be identified and addressed at that time, thereby ensuring that each CCR unit in the State is subject to standards at least as protective as the Federal CCR regulations. Therefore, in the circumstance where the State does not seek approval of preexisting permits as part of its permit program approval submission, EPA has concluded that review of those existing permits in making its State program approval decision is unnecessary.</P>
                <P>The statute provides EPA with considerable discretion to define the scope of an approvable State CCR permit program. First, RCRA section 4005(d)(1)(A) directs States seeking approval of a permit program to submit to the Administrator,</P>
                <EXTRACT>
                    <FP>in such form as the Administrator may establish, evidence of a permit program or other system of prior approval and conditions under [S]tate law for regulation by the State of coal combustion residuals units that are located in the State. . .after approval by the Administrator, [such State program] will operate in lieu of regulation of coal combustion residuals units in the State . . . .</FP>
                </EXTRACT>
                <P>Next, RCRA section 4005(d)(1)(B) states that:</P>
                <EXTRACT>
                    <FP>[n]ot later than 180 days after the date on which a State submits the evidence described in subparagraph (A), the Administrator, after public notice and an opportunity for public comment, shall approve, in whole or in part, a [State CCR] permit program . . . if the Administrator determines that the program or other system requires each coal combustion residuals unit located in the State to achieve compliance with—</FP>
                    <P>(i) [the Federal CCR regulations]; or</P>
                    <P>
                        (ii) such other State criteria that the Administrator, after consultation with the state, determines to be at least as protective as the criteria in clause (i) [
                        <E T="03">i.e.,</E>
                         the Federal CCR regulations]. 
                    </P>
                </EXTRACT>
                <P>
                    Taken together, RCRA sections 4005(d)(1)(A) and 4005(d)(1)(B) address both the substantive standard that EPA must use when deciding whether to approve a State CCR permit program application and the procedural steps that trigger EPA's duty to approve such a program. Substantively, the State program must either directly implement the Federal standards for CCR units or be “at least as protective” as those Federal standards. RCRA section 4005(d)(1)(B)(ii). Procedurally, the State must present “evidence of a [CCR] permit program” in “such form as the Administrator may establish.” RCRA section 4005(d)(1)(A). This statutory language expressly affords EPA the discretion to define the contours of a complete State CCR permit program application. EPA's discretion is further reinforced by the fact that RCRA section 
                    <PRTPAGE P="43066"/>
                    4005(d) does not contain an express textual directive requiring the review of individual facility-level permits. RCRA sections 4005(d)(1)(A) and (B) thus provide EPA with the authority to define the process and substance required for an approvable CCR permit program application, including authority to exclude existing permits from review where the State is not requesting review, and EPA is not proposing, to make those permits part of the approved program.
                </P>
                <P>RCRA provides other mechanisms to ensure that State CCR permits issued after State program approval are at least as protective as the Federal CCR regulations without requiring review of State CCR permits during the program approval process. The State CCR program review provisions in RCRA section 4005(d)(1)(D) require EPA to review State CCR permit programs: from time to time, as necessary, but not less frequently than once every 12 years; not later than three years after EPA revises the Federal CCR regulations; not later than one year after the date of an unauthorized significant release (as defined by EPA) from a CCR unit; and, on request of any State that asserts that it is or is likely to be adversely affected by a release or potential release from a CCR unit located in another State. These review provisions provide EPA with sufficient authority to ensure permits issued after approval of Alabama's CCR permit program are as protective as required.</P>
                <P>As discussed in Unit III. of this document, Alabama's current CCR permit program Application does not seek EPA approval of the State's existing CCR permits. ADEM has committed to evaluating the permits after State program approval and modifying them during the permit renewal process as needed to ensure consistency with the Federally approved program. Therefore, EPA's review of the current Application differs from the Agency's consideration of permits in the denial of Alabama's December 29, 2021 CCR permit program application. See 89 FR 48776. This means that all CCR units in Alabama will not obtain a Federal permit shield as a result of EPA's approval of Alabama's permit program and will remain directly subject to the applicable CCR regulations until Alabama amends and reissues those permits after EPA's final approval of the State's CCR permit program, because: (1) Alabama did not have an approved permit program at the time of issuance of those permits, as required by RCRA section 4005(d)(3)(A), and (2) The State did not include the permits in the Application for program approval. Alabama must propose for public notice and comment all existing CCR permits in their entireties and take final action on such permits before those permitted facilities in Alabama will be eligible for the Federal permit shield.</P>
                <P>After approval of the State's CCR permit program, Alabama will have the authority to issue permits that are as protective as the Federal regulations. The State has committed to review and amend its existing permits, as needed, after program approval through the permit renewal process set out in the State CCR permit program regulations, which requires public notice and an opportunity for public comment on proposed CCR permit renewals. Both EPA and citizens will be able to comment on all aspects of such renewal permits if there are concerns that aspects of the permits are not sufficient. Alabama will be required to respond to such comments, and the permits will be subject to the normal administrative and judicial review processes.</P>
                <HD SOURCE="HD2">B. Status of Alabama's Previously-Issued Permits Issued Under the State CCR Regulations</HD>
                <P>Because Alabama has chosen to exclude its previously-issued permits from the scope of its Application for CCR permit program approval, those permits will not become effective under RCRA as a consequence of an EPA final approval action. Thus, any permits issued prior to EPA's approval of the State's partial program would not provide facilities with the Federal permit shield in RCRA sections 4005(d)(3) and (d)(6). 42 U.S.C. 6945(d)(3) and (d)(6). Instead, these permits only become a part of the State's approved program and give rise to the Federal permit shield once renewed or modified “in accordance with” the approved program. 42 U.S.C. 6945(d)(6)(A). Similarly, RCRA section 4005(d)(3)(A) makes clear that in the absence of a permit “under” an approved State program, facilities would still need to directly comply with the applicable regulations, despite having permits issued by Alabama prior to EPA approval of the State permit program. EPA intends to review the amended or renewed permits in conjunction with the program review required by RCRA section 4005(d)(1)(D)(i) and 4005(d)(1)(D)(ii), and the Agency also has the authority to review facility compliance with the applicable CCR regulations at any time prior to issuance of a CCR permit by Alabama after program approval. 42 U.S.C. 6945(d)(1)(D)(i), (ii).</P>
                <HD SOURCE="HD1">VI. Proposed Action</HD>
                <P>EPA has preliminarily determined that the Alabama partial CCR permit program meets the statutory standard for approval. Therefore, in accordance with 42 U.S.C. 6945(d), EPA is proposing to approve the Alabama partial CCR permit program.</P>
                <SIG>
                    <NAME>Lee Zeldin,</NAME>
                    <TITLE>Administrator.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-14118 Filed 7-13-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 6560-50-P</BILCOD>
        </PRORULE>
        <PRORULE>
            <PREAMB>
                <AGENCY TYPE="N">FEDERAL COMMUNICATIONS COMMISSION</AGENCY>
                <CFR>47 CFR Part 73</CFR>
                <DEPDOC>[DA 26-686; MB Docket No. 26-152; FR ID 356089]</DEPDOC>
                <SUBJECT>Radio Broadcasting Services; Whitehall, Michigan</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Communications Commission.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Proposed rule.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        This document requests comments on a proposal to amend the Table of FM Allotments, by substituting Channel 258A for vacant Channel 248A at Whitehall, Michigan. A staff engineering analysis determines that Channel 258A can be allotted to Whitehall consistent with the Commission's minimum distance separation requirements, with a site restriction of 13 kilometers (8.1 miles) northwest of the community. The reference coordinates are 43-28-30 NL and 86-27-38 WL. 
                        <E T="03">See</E>
                          
                        <E T="02">SUPPLEMENTARY INFORMATION</E>
                        .
                    </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Comments must be filed on or before August 24, 2026, and reply comments on or before September 8, 2026.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>Secretary, Federal Communications Commission, 45 L Street NE, Washington, DC 20554.</P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Rolanda F. Smith, Media Bureau, (202) 418-2054, 
                        <E T="03">Rolanda-Faye.Smith@fcc.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    This is a synopsis of the Commission's Notice of Proposed Rule Making, MB Docket No. 26-152, adopted July 7, 2026, and released July 8, 2026. The full text of the Commission decision is available online at 
                    <E T="03">https://www.fcc.gov/ecfs.</E>
                     The full text of this decision can also be downloaded in Word or Portable Document Format (PDF) at 
                    <E T="03">https://www.fcc.gov/edocs.</E>
                     This document does not contain proposed information collection requirements subject to the Paperwork Reduction Act of 1995, Public Law 104-
                    <PRTPAGE P="43067"/>
                    13. In addition, therefore, it does not contain any proposed information collection burden “for small business concerns with fewer than 25 employees,” pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198, 
                    <E T="03">see</E>
                     44 U.S.C. 3506(c)(4). The Commission will publish the required summary of this notice of proposed rulemaking on 
                    <E T="03">https://www.fcc.gov/proposed-rulemakings,</E>
                     pursuant to The Providing Accountability Through Transparency Act, 
                    <E T="03">see</E>
                     5 U.S.C. 553(b)(4).
                </P>
                <P>On March 16, 2026, the Audio Division cancelled the license (Application File No. 0000214859) and deleted the callsign of WLAW-FM, Whitehall, Michigan (DWLAW-FM). Channel 248A at Whitehall is not currently listed in the FM Table since it was occupied by DWLAW-FM. In this instance, vacant Channel 248A at Whitehall cannot be reinstated in the FM Table, because it does not comply with the Commission's minimum distance separation requirements.</P>
                <P>Provisions of the Regulatory Flexibility Act of l980 do not apply to this proceeding.</P>
                <P>
                    Members of the public should note that from the time a notice of proposed rulemaking is issued until the matter is no longer subject to Commission consideration or court review, all 
                    <E T="03">ex parte</E>
                     contacts are prohibited in Commission proceedings, such as this one, which involve channel allotments. 
                    <E T="03">See</E>
                     47 CFR 1.1204(b) for rules governing permissible 
                    <E T="03">ex parte</E>
                     contacts.
                </P>
                <P>
                    For information regarding proper filing procedures for comments, 
                    <E T="03">see</E>
                     47 CFR 1.415 and 1.420.
                </P>
                <LSTSUB>
                    <HD SOURCE="HED">List of Subjects in 47 CFR Part 73</HD>
                    <P>Radio, Radio broadcasting.</P>
                </LSTSUB>
                <SIG>
                    <FP>Federal Communications Commission.</FP>
                    <NAME>James Bradshaw,</NAME>
                    <TITLE>Deputy Division Chief, Audio Division Media Bureau.</TITLE>
                </SIG>
                <HD SOURCE="HD1">Proposed Rules</HD>
                <P>For the reasons discussed in the preamble, the Federal Communications Commission proposes to amend 47 CFR part 73 as follows:</P>
                <PART>
                    <HD SOURCE="HED">PART 73—RADIO BROADCAST SERVICES</HD>
                </PART>
                <AMDPAR>1. The authority citation for part 73 continues to read as follows:</AMDPAR>
                <AUTH>
                    <HD SOURCE="HED">Authority:</HD>
                    <P> 47 U.S.C. 154, 155, 301, 303, 307, 309, 310, 334, 336, 339.</P>
                </AUTH>
                <AMDPAR>2. In § 73.202(b), amend table 1 (Table of FM Allotments) under Michigan by adding the entry for “Whitehall”.</AMDPAR>
                <P>The addition reads as follows:</P>
                <SECTION>
                    <SECTNO>§ 73.202</SECTNO>
                    <SUBJECT> Table of Allotments.</SUBJECT>
                    <STARS/>
                    <P>(b) * * *</P>
                    <GPOTABLE COLS="2" OPTS="L1,i1" CDEF="s50,12">
                        <TTITLE>
                            Table 1 to Paragraph (
                            <E T="01">b</E>
                            )
                        </TTITLE>
                        <TDESC>[U.S. states]</TDESC>
                        <BOXHD>
                            <CHED H="1"> </CHED>
                            <CHED H="1">Channel No.</CHED>
                        </BOXHD>
                        <ROW EXPSTB="01" RUL="s">
                            <ENT I="21">
                                <E T="02">Michigan</E>
                            </ENT>
                        </ROW>
                        <ROW EXPSTB="00">
                            <ENT I="22"> </ENT>
                        </ROW>
                        <ROW>
                            <ENT I="28">*    *    *    *    *</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Whitehall</ENT>
                            <ENT>258A</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="22"> </ENT>
                        </ROW>
                        <ROW>
                            <ENT I="28">*    *    *    *    *</ENT>
                        </ROW>
                    </GPOTABLE>
                </SECTION>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-14134 Filed 7-13-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 6712-01-P</BILCOD>
        </PRORULE>
        <PRORULE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF TRANSPORTATION</AGENCY>
                <SUBAGY>Pipeline and Hazardous Materials Safety Administration</SUBAGY>
                <CFR>49 CFR Part 195</CFR>
                <DEPDOC>[Docket No. PHMSA-2026-2477]</DEPDOC>
                <SUBJECT>Pipeline Safety: Crimson Pipeline LP's Petition for Declaratory Order Regarding the Requirements for Baseline Integrity Assessments</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Pipeline and Hazardous Materials Safety Administration (PHMSA);  U.S. Department of Transportation (DOT).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Pipeline and Hazardous Materials Safety Administration is seeking comment on a Petition for Declaratory Order (Petition) requesting PHMSA issue an order regarding requirements for baseline integrity assessments.</P>
                </SUM>
                <EFFDATE>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Comments are due on or before August 13, 2026.</P>
                </EFFDATE>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>Comments should reference the docket number for the petition request and may be submitted by any of the following methods:</P>
                    <P>
                        • 
                        <E T="03">Web: https://www.regulations.gov.</E>
                         This site allows the public to enter comments on any 
                        <E T="04">Federal Register</E>
                         notice issued by any agency. Follow the online instructions for submitting comments.
                    </P>
                    <P>
                        • 
                        <E T="03">Fax:</E>
                         202-493-2251.
                    </P>
                    <P>
                        • 
                        <E T="03">Mail:</E>
                         Docket Management Facility, U.S. Department of Transportation, 1200 New Jersey Avenue SE, West Building: Room W12-140, Washington, DC 20590-0001.
                    </P>
                    <P>
                        • 
                        <E T="03">Hand Delivery:</E>
                         U.S. Department of Transportation, 1200 New Jersey Avenue SE, West Building: Room W12-140, Washington, DC 20590-0001, between 9:00 a.m. and 5:00 p.m. EST, Monday through Friday, except Federal holidays.
                    </P>
                    <P>
                        • 
                        <E T="03">Instructions:</E>
                         Identify Docket No. PHMSA-2026-2477 at the beginning of your comments. If you submit your comments by mail, submit two copies. Internet users may submit comments at 
                        <E T="03">https://www.regulations.gov.</E>
                         If you would like confirmation that PHMSA received your comments, please include a self-addressed stamped postcard labeled “Comments on PHMSA-2026-2477.” The docket clerk will date stamp the postcard prior to returning it to you via U.S. mail.
                    </P>
                    <P>
                        • 
                        <E T="03">Note:</E>
                         All comments received will be posted without edits to 
                        <E T="03">https://www.regulations.gov,</E>
                         including any personal information provided. Please see the Privacy Act heading for more information. Anyone can use the site to search all comments by the name of the submitting individual or, if the comment was submitted on behalf of an association, business, labor union, etc., the name of the signing individual. Therefore, please review the complete DOT Privacy Act Statement in the 
                        <E T="04">Federal Register</E>
                         at 65 FR 19477 or the Privacy Notice at 
                        <E T="03">https://www.regulations.gov</E>
                         before submitting comments.
                    </P>
                    <P>
                        • 
                        <E T="03">Privacy Act Statement:</E>
                         DOT may solicit comments from the public regarding certain general notices. DOT posts these comments without edit, including any personal information the commenter provides, to 
                        <E T="03">www.regulations.gov,</E>
                         as described in the system of records notice (DOT/ALL- 14 FDMS), which can be reviewed at 
                        <E T="03">www.dot.gov/privacy.</E>
                    </P>
                    <P>
                        • 
                        <E T="03">Confidential Business Information:</E>
                         Confidential Business Information (CBI) is commercial or financial information that is both customarily and actually treated as private by its owner. Under the Freedom of Information Act (5 U.S.C. 552), CBI is exempt from public disclosure. If your comments in response to this notice contain commercial or financial information that is customarily treated as private, that you actually treat as private, and that is relevant or responsive to this notice, it is important that you clearly designate the submitted comments as CBI. Pursuant to 49 CFR 190.343, you may ask PHMSA to provide confidential treatment to information you give to the Agency by taking the following steps: (1) mark each page of the original document submission containing CBI as “Confidential;” (2) send PHMSA a copy of the original document with the CBI deleted along with the original, unaltered document; and (3) explain why the information you are submitting 
                        <PRTPAGE P="43068"/>
                        is CBI. Submissions containing CBI should be sent to Joseph Berry, U.S. Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590-0001. Submission containing CBI can also be emailed to Timothy O'Shea by encrypted email at 
                        <E T="03">timothy.o'shea@dot.gov.</E>
                         Any commentary PHMSA receives that is not specifically designated as CBI will be placed in the public docket.
                    </P>
                    <P>
                        • 
                        <E T="03">Docket:</E>
                         For access to the docket or to read background documents or comments, go to
                        <E T="03"> https://www.regulations.gov.</E>
                         Follow the online instructions for accessing the dockets. Alternatively, this information is available by visiting DOT at 1200 New Jersey Avenue SE, West Building: Room W12-140, Washington, DC 20590-0001, between 9:00 a.m. and 5:00 p.m. EST, Monday through Friday, except Federal holidays.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Timothy O'Shea, Office of Chief Counsel, by phone at 771-216-4015 or by email at 
                        <E T="03">timothy.o'shea@dot.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>PHMSA is evaluating a Petition for Declaratory Order from Crimson Pipeline LP (Crimson or Petitioner), pursuant to 49 U.S.C. 60117(b)(1)(J) and 49 CFR 190.13.</P>
                <P>Crimson owns and operates certain pipelines (the “Pipelines”) designated as intrastate pipelines which are regulated by the California Office of the State Fire Marshal (OSFM). Each of the Pipelines is in a high consequence area and was constructed before July 1, 2020. Following construction, a pressure test was performed on each of the Pipelines. The pressure tests were all performed between 1996 and 2011. Thereafter, the Pipelines were pressure tested at five-year intervals. Each of the Pipelines cannot currently accommodate the passage of an in-line inspection device.</P>
                <P>On May 14, 2026, acting under its certification pursuant to 49 U.S.C. 60105(a), OSFM issued to Crimson a final order finding Crimson violated 49 CFR 195.452(c)(1)(i) by failing to perform a baseline assessment by in-line inspection (ILI) on the Pipelines. The Petition contends that OSFM is attempting to enforce an incorrect interpretation of section 195.452(c)(1)(i) by requiring it to perform baseline assessments by ILI on the Pipelines. On June 22, 2026, Crimson filed the Petition requesting PHMSA issue an order declaring that: (1) for baseline assessments performed before July 1, 2020, Part 195 does not require an operator to utilize an ILI device as the assessment method for a pipeline constructed after May 12, 1994, in all cases; (2) 49 CFR 195.452(c)(1)(i) allows a pipeline constructed after May 12, 1994, and assessed before July 1, 2020 to be assessed by pressure test; (3) 49 CFR 195.452(n) allows an operator with a pipeline constructed after May 12, 1994, until July 2, 2040, to modify its pipelines to accommodate the passage of an ILI device; and (4) 49 CFR 195.452(c)(1)(i) may not be applied retroactively to invalidate baseline assessments conducted prior to July 1, 2020. The Petition is available for review in the docket for this proceeding.</P>
                <P>Before issuing a final decision on the Petition, PHMSA will evaluate all comments received on or before the comment closing date. Comments received after the closing date will be evaluated if it is possible to do so without incurring additional expense or delay. PHMSA will consider each relevant comment received in issuing a decision on the Petition, which will be posted to the docket.</P>
                <SIG>
                    <P>Issued in Washington, DC, under authority delegated in 49 CFR 1.97.</P>
                    <NAME>Keith Coyle,</NAME>
                    <TITLE>Chief Counsel.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-14193 Filed 7-13-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4910-60-P</BILCOD>
        </PRORULE>
        <PRORULE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION</AGENCY>
                <SUBAGY>Federal Railroad Administration</SUBAGY>
                <CFR>49 CFR Part 245</CFR>
                <DEPDOC>[Docket No. FRA-2022-0019, Notice No. 6]</DEPDOC>
                <RIN>RIN 2130-AD03</RIN>
                <SUBJECT>Certification of Dispatchers; Extension of Comment Period</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Railroad Administration (FRA), Department of Transportation (DOT).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of proposed rulemaking (NPRM); extension of comment period.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>On May 15, 2026, FRA published an NPRM proposing to rescind FRA's May 21, 2024 final rule requiring the certification of dispatchers. By this notice, FRA is extending the NPRM's comment period by 30 days.</P>
                </SUM>
                <EFFDATE>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>The comment period for the proposed rule published May 15, 2026, at 91 FR 27901, is extended. Comments should be received on or before August 13, 2026.</P>
                </EFFDATE>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        <E T="03">Comments:</E>
                         Comments related to Docket No. FRA-2022-0019, Notice No. 5, may be submitted by going to 
                        <E T="03">https://www.regulations.gov</E>
                         and following the online instructions for submitting comments.
                    </P>
                    <P>
                        <E T="03">Instructions:</E>
                         All submissions must include the agency name, docket name, and docket number or Regulatory Identification Number (RIN) for this rulemaking (2130-AD03). Note that all comments received will be posted without change to 
                        <E T="03">https://www.regulations.gov,</E>
                         including any personal information provided. Please see the Privacy Act heading in the 
                        <E T="02">SUPPLEMENTARY INFORMATION</E>
                         section of this document for Privacy Act information related to any submitted comments or materials.
                    </P>
                    <P>
                        <E T="03">Docket:</E>
                         For access to the docket to read background documents or comments received, go to 
                        <E T="03">https://www.regulations.gov</E>
                         and follow the online instructions for accessing the docket.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Curtis Dolan, Railroad Safety Specialist, Dispatch Operating Practices, telephone: (470) 522-6633 or email: 
                        <E T="03">curtis.dolan@dot.gov;</E>
                         or Michael C. Spinnicchia, Attorney Adviser, Office of the Chief Counsel, telephone: (202) 713-7671 or email: 
                        <E T="03">michael.spinnicchia@dot.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    In a July 1, 2026 petition, the Brotherhood of Railroad Signalmen (BRS) requested a 60-day extension of the comment period for FRA's NPRM proposing to rescind the agency's May 21, 2024 final rule requiring the certification of signal employees.
                    <SU>1</SU>
                    <FTREF/>
                     BRS stated additional time was needed to evaluate the impacts of rescinding the rule and develop comprehensive comments supported by technical, operational, and historical information. Since FRA is granting a 30-day extension of the comment period for the NPRM proposing the rescission of the Certification of Signal Employees final rule, the agency determined a similar 30-day extension is warranted for the comment period for the NPRM proposing the rescission of the Certification of Dispatchers final rule.
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         FRA-2022-0020-0052.
                    </P>
                </FTNT>
                <P>The comment period for this NPRM is scheduled to close on July 14, 2026. As FRA is partially granting BRS's request, the comment period is now extended to August 13, 2026, which is a total of 30 days.</P>
                <HD SOURCE="HD1">Privacy Act</HD>
                <P>
                    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, to 
                    <E T="03">https://www.regulations.gov,</E>
                     as described in the system of records notice, DOT/ALL-14 FDMS, accessible through 
                    <E T="03">www.dot.gov/privacy.</E>
                     To facilitate comment tracking and 
                    <PRTPAGE P="43069"/>
                    response, we encourage commenters to provide their name, or the name of their organization; however, submission of names is completely optional. Whether or not commenters identify themselves, all timely comments will be fully considered. If you wish to provide comments containing proprietary or confidential information, please contact the agency for alternate submission instructions.
                </P>
                <AUTH>
                    <HD SOURCE="HED">Authority: </HD>
                    <P>49 U.S.C. 20103, 20107, 20162, 21301, 21304, 21311; 28 U.S.C. 2461 note; 49 CFR 1.89; and Pub. L. 110-432, sec. 402, 122 Stat. 4884.</P>
                </AUTH>
                <SIG>
                    <P>Issued in Washington, DC.</P>
                    <NAME>Carolyn R. Hayward-Williams,</NAME>
                    <TITLE>Director, Office of Railroad Systems and Technology.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-14160 Filed 7-13-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4910-06-P</BILCOD>
        </PRORULE>
        <PRORULE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION</AGENCY>
                <SUBAGY>Federal Railroad Administration</SUBAGY>
                <CFR>49 CFR Part 246</CFR>
                <DEPDOC>[Docket No. FRA-2022-0020, Notice No. 6]</DEPDOC>
                <RIN>RIN 2130-AD04</RIN>
                <SUBJECT>Certification of Signal Employees; Extension of Comment Period</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Railroad Administration (FRA), Department of Transportation (DOT).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of proposed rulemaking (NPRM); extension of comment period.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>On May 15, 2026, FRA published an NPRM proposing to rescind FRA's final rule requiring the certification of signal employees. By this notice, FRA is extending the NPRM's comment period by an additional 30 days.</P>
                </SUM>
                <EFFDATE>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>The comment period for the proposed rule published May 15, 2026, at 91 FR 27905, is extended. Comments should be received on or before August 13, 2026.</P>
                </EFFDATE>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P/>
                    <P>
                        <E T="03">Comments:</E>
                         Comments related to Docket No. FRA-2022-0020, Notice No. 5, may be submitted by going to 
                        <E T="03">https://www.regulations.gov</E>
                         and following the online instructions for submitting comments.
                    </P>
                    <P>
                        <E T="03">Instructions:</E>
                         All submissions must include the agency name, docket name, and docket number or Regulatory Identification Number (RIN) for this rulemaking (2130-AD04). Note that all comments received will be posted without change to 
                        <E T="03">https://www.regulations.gov,</E>
                         including any personal information provided. Please see the Privacy Act heading in the 
                        <E T="02">SUPPLEMENTARY INFORMATION</E>
                         section of this document for Privacy Act information related to any submitted comments or materials.
                    </P>
                    <P>
                        <E T="03">Docket:</E>
                         For access to the docket to read background documents or comments received, go to 
                        <E T="03">https://www.regulations.gov</E>
                         and follow the online instructions for accessing the docket.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Gabe Neal, Staff Director, Signal, Train Control, and Crossings Division, telephone: (816) 516-7168 or email: 
                        <E T="03">Gabe.Neal@dot.gov;</E>
                         or Kathryn Gresham, Attorney Adviser, Office of the Chief Counsel, telephone: (202) 577-7142 or email: 
                        <E T="03">Kathryn.Gresham@dot.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    In a July 1, 2026 petition, the Brotherhood of Railroad Signalmen (BRS) requested a 60-day extension of the comment period for FRA's NPRM proposing to rescind the agency's May 21, 2024 final rule requiring the certification of signal employees.
                    <SU>1</SU>
                    <FTREF/>
                     BRS stated additional time was needed to evaluate the impacts of rescinding the rule and develop comprehensive comments supported by technical, operational, and historical information.
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         FRA-2022-0020-0052.
                    </P>
                </FTNT>
                <P>The comment period for this NPRM is scheduled to close on July 14, 2026. As FRA is partially granting BRS's request, the comment period is now extended to August 13, 2026, which is a total of 30 days.</P>
                <HD SOURCE="HD1">Privacy Act</HD>
                <P>
                    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, to 
                    <E T="03">https://www.regulations.gov,</E>
                     as described in the system of records notice, DOT/ALL-14 FDMS, accessible through 
                    <E T="03">www.dot.gov/privacy.</E>
                     To facilitate comment tracking and response, we encourage commenters to provide their name, or the name of their organization; however, submission of names is completely optional. Whether or not commenters identify themselves, all timely comments will be fully considered. If you wish to provide comments containing proprietary or confidential information, please contact the agency for alternate submission instructions.
                </P>
                <AUTH>
                    <HD SOURCE="HED">Authority:</HD>
                    <P>49 U.S.C. 20103, 20107, 20162, 21301, 21304, 21311; 28 U.S.C. 2461 note; 49 CFR 1.89; and Pub. L. 110-432, sec. 402, 122 Stat. 4884.</P>
                </AUTH>
                <SIG>
                    <P>Issued in Washington, DC.</P>
                    <NAME>Carolyn R. Hayward-Williams,</NAME>
                    <TITLE>Director, Office of Railroad Systems and Technology. </TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-14161 Filed 7-13-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4910-06-P</BILCOD>
        </PRORULE>
        <PRORULE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF THE INTERIOR</AGENCY>
                <SUBAGY>Fish and Wildlife Service</SUBAGY>
                <CFR>50 CFR Part 17</CFR>
                <DEPDOC>[FXES1111090FEDR-267-FF09E21000]</DEPDOC>
                <SUBJECT>Endangered and Threatened Wildlife and Plants; 90-Day Findings for 10 Species</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Fish and Wildlife Service, Interior.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notification of petition findings and initiation of status reviews.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        We, the U.S. Fish and Wildlife Service (Service), announce 90-day findings on 10 petitions to add species to the Lists of Endangered and Threatened Wildlife and Plants under the Endangered Species Act of 1973, as amended (Act). Based on our review, we find that the petitions to list the Cascade red fox (
                        <E T="03">Vulpes vulpes cascadensis</E>
                        ), diamondback terrapin (
                        <E T="03">Malaclemys terrapin</E>
                        ), Goose Lake lamprey (
                        <E T="03">Entosphenus tridentatus ssp.</E>
                        ), Goose Lake sucker (
                        <E T="03">Catostomus occidentalis lacusanserinus</E>
                        ), Goose Lake tui chub (
                        <E T="03">Siphateles thalassinus thalassinus</E>
                        ), loopy five firefly (
                        <E T="03">Photuris forresti</E>
                        ), and plains spotted skunk (
                        <E T="03">Spilogale interrupta</E>
                        ) present substantial scientific or commercial information indicating that the petitioned actions may be warranted. Therefore, with the publication of this document, we announce that we are initiating status reviews of these seven species to determine whether the petitioned actions are warranted. To ensure that the status reviews are comprehensive, we request scientific and commercial data and other information regarding the species and factors that may affect their status. Based on the status reviews, we will issue 12-month petition findings, which will address whether or not the petitioned actions are warranted, in accordance with the Act. We further find that the petitions to list the Ellett Valley millipede (
                        <E T="03">Pseudotremia cavernarum</E>
                        ), long-tailed macaque (
                        <E T="03">Macaca fascicularis</E>
                        ), and Louisiana black bear (
                        <E T="03">Ursus americanus luteolus</E>
                        ) do not present substantial scientific or commercial information indicating the petitioned actions may be warranted. Therefore, we are not initiating status reviews for these three species.
                    </P>
                </SUM>
                <DATES>
                    <PRTPAGE P="43070"/>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>These findings were made on July 14, 2026.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P/>
                    <P>
                        <E T="03">Supporting documents:</E>
                         Summaries of the basis for the petition findings contained in this document are available on 
                        <E T="03">https://www.regulations.gov</E>
                         under the appropriate docket number (see tables under 
                        <E T="02">SUPPLEMENTARY INFORMATION</E>
                        ). In addition, this supporting information is available by contacting the appropriate person, as specified in 
                        <E T="02">FOR FURTHER INFORMATION CONTACT</E>
                        .
                    </P>
                    <P>
                        <E T="03">Status reviews:</E>
                         If you have new scientific or commercial data or other information concerning the status of, or threats to, the Cascade red fox, diamondback terrapin, Goose Lake lamprey, Goose Lake sucker, Goose Lake tui chub, loopy five firefly, or plains spotted skunk, or their habitats, please provide those data or information by one of the following methods listed below. All submissions must include the docket number for the species, see table 1 under 
                        <E T="02">SUPPLEMENTARY INFORMATION</E>
                        .
                    </P>
                    <P>
                        (1) 
                        <E T="03">Electronically:</E>
                         Go to the Federal eRulemaking Portal: 
                        <E T="03">https://www.regulations.gov.</E>
                         In the Search box, enter the appropriate docket number (see table 1 under 
                        <E T="02">SUPPLEMENTARY INFORMATION</E>
                        ). Then, click on the “Search” button. After finding the correct document, you may submit information by clicking on “Comment.”
                    </P>
                    <P>
                        (2) 
                        <E T="03">U.S. mail:</E>
                         Public Comments Processing, Attn: [Insert appropriate docket number; see table 1 under 
                        <E T="02">SUPPLEMENTARY INFORMATION</E>
                        ], U.S. Fish and Wildlife Service, MS: PRB (JAO/3W), 5275 Leesburg Pike, Falls Church, VA 22041-3803.
                    </P>
                    <P>Comments submitted through any method not authorized in this document, or sent to an address not listed here, will not be considered. We will not accept comments via email, fax, or hand delivery. Comments containing profanity, vulgarity, threats, or other inappropriate content will not be considered.</P>
                    <P>
                        We will post all information we receive on 
                        <E T="03">https://www.regulations.gov.</E>
                         This generally means that we will post any personal information you provide us (see Information Submitted for Status Reviews, below). We will post all information/comments at 
                        <E T="03">https://www.regulations.gov.</E>
                         You may request that we withhold personal identifying information from public review; however, we cannot guarantee that we will be able to do so.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P/>
                    <GPOTABLE COLS="2" OPTS="L2,nj,tp0,i1" CDEF="s100,r100">
                        <TTITLE> </TTITLE>
                        <BOXHD>
                            <CHED H="1">Species common name</CHED>
                            <CHED H="1">Contact person</CHED>
                        </BOXHD>
                        <ROW>
                            <ENT I="01">Cascade red fox</ENT>
                            <ENT>
                                Mary Root, Assistant Field Supervisor, Washington Fish and Wildlife Office, 
                                <E T="03">mary_root@fws.gov,</E>
                                 360-951-5017.
                            </ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Diamondback terrapin &amp; Ellett Valley millipede</ENT>
                            <ENT>
                                Matt Hinderliter, Regional Listing Coordinator, Northeast Regional Office, 601-720-6531, 
                                <E T="03">matthew_hinderliter@fws.gov.</E>
                            </ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Goose Lake lamprey, Goose Lake sucker, &amp; Goose Lake tui chub</ENT>
                            <ENT>
                                Jennie Land, Field Supervisor, Klamath Falls Fish and Wildlife Office, 541-885-8481, 
                                <E T="03">jennie_land@fws.gov.</E>
                            </ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Long-tailed macaque</ENT>
                            <ENT>
                                Rachel London, Manager, Branch of Delisting and Foreign Species, Headquarters Office, 703-358-2171, 
                                <E T="03">rachel_london@fws.gov.</E>
                            </ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Loopy five firefly</ENT>
                            <ENT>
                                Nicole Rankin, Division of Conservation and Classification Manager, Southeast Regional Office, 404-679-7089, 
                                <E T="03">nicole_rankin@fws.gov.</E>
                            </ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Louisiana black bear</ENT>
                            <ENT>
                                Brigette Firmin, Field Supervisor, Louisiana Ecological Services Field Office, 337-291-3108, 
                                <E T="03">brigette_firmin@fws.gov.</E>
                            </ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Plains spotted skunk</ENT>
                            <ENT>
                                John Weber, Missouri Ecological Services Field Office, 573-234-2132, 
                                <E T="03">john_s_weber@fws.gov.</E>
                            </ENT>
                        </ROW>
                    </GPOTABLE>
                    <P>Individuals in the United States who are deaf, deafblind, hard of hearing, or have a speech disability may dial 711 (TTY, TDD, or TeleBraille) to access telecommunications relay services. Individuals outside the United States should use the relay services offered within their country to make international calls to the point-of-contact in the United States.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">Information Submitted for Status Reviews</HD>
                <P>If we find that a petition presents substantial scientific or commercial information indicating that the petitioned action may be warranted, the Act requires that we promptly commence a review of the status of the species, and we will subsequently complete a status review in accordance with our prioritization methodology for 12-month findings (81 FR 49248; July 27, 2016).</P>
                <P>
                    The Cascade red fox, diamondback terrapin, Goose Lake lamprey, Goose Lake sucker, Goose Lake tui chub, loopy five firefly, and plains spotted skunk will be assigned a bin number (in coordination with States and others with relevant information) according to our prioritization methodology and will be added to a future version of the National Listing Workplan (domestic species). The workplan provides transparency and predictability to the public about when the Service anticipates completing specific findings and actions while allowing for flexibility to update the workplan when new information changes the priorities. The National Listing Workplan is available at 
                    <E T="03">https://www.fws.gov/project/national-listing-workplan.</E>
                </P>
                <P>
                    You may submit information concerning the status of, or threats to, the Cascade red fox, diamondback terrapin, Goose Lake lamprey, Goose Lake sucker, Goose Lake tui chub, loopy five firefly, or plains spotted skunk, or their habitats, to be considered during our status review of the species. We request that you send this information only by the methods described in 
                    <E T="02">ADDRESSES</E>
                    . Please include any supplemental data with your submission (such as scientific journal articles or other publications) to allow us to verify any scientific or commercial information you include. If you submit information via 
                    <E T="03">https://www.regulations.gov,</E>
                     your entire submission—including any personal identifying information—will be posted on the website.
                </P>
                <HD SOURCE="HD1">Background</HD>
                <P>
                    Section 4 of the Act (16 U.S.C. 1533) and its implementing regulations in title 50 of the Code of Federal Regulations (50 CFR part 424) set forth the procedures for adding species to, removing species from, or reclassifying species on the Federal Lists of Endangered and Threatened Wildlife and Plants (Lists or List) in 50 CFR part 17. Section 4(b)(3)(A) of the Act requires that we make a finding on whether a petition to add a species to the List (
                    <E T="03">i.e.,</E>
                     “list” a species), remove a species from the List (
                    <E T="03">i.e.,</E>
                     “delist” a species), or change a listed species' status from endangered to threatened or from 
                    <PRTPAGE P="43071"/>
                    threatened to endangered (
                    <E T="03">i.e.,</E>
                     “reclassify” a species) presents substantial scientific or commercial information indicating that the petitioned action may be warranted. To the maximum extent practicable, we are to make this finding within 90 days of our receipt of the petition and publish the finding promptly in the 
                    <E T="04">Federal Register</E>
                    .
                </P>
                <P>Our regulations establish that substantial scientific or commercial information with regard to a 90-day petition finding refers to credible scientific or commercial information in support of the petition's claims such that a reasonable person conducting an impartial scientific review would conclude that the action proposed in the petition may be warranted (50 CFR 424.14(h)(1)(i)). A positive 90-day petition finding does not indicate that the petitioned action is warranted; the finding indicates only that the petitioned action may be warranted and that a full review should occur.</P>
                <P>The Act defines an “endangered species” as a species that is in danger of extinction throughout all or a significant portion of its range and a “threatened species” as a species that is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range. The Act requires that we determine whether any species is an endangered species or a threatened species because of any of the five factors described in section 4(a)(1) of the Act (16 U.S.C. 1533(a)(1)). The five factors are:</P>
                <P>(a) The present or threatened destruction, modification, or curtailment of its habitat or range (Factor A);</P>
                <P>(b) Overutilization for commercial, recreational, scientific, or educational purposes (Factor B);</P>
                <P>(c) Disease or predation (Factor C);</P>
                <P>(d) The inadequacy of existing regulatory mechanisms (Factor D); and</P>
                <P>(e) Other natural or manmade factors affecting its continued existence (Factor E).</P>
                <P>These factors represent broad categories of natural or human-caused actions or conditions that could have an effect on a species' continued existence. In evaluating these actions and conditions, we look for those that may have a negative effect on individuals of the species, as well as other actions or conditions that may ameliorate any negative effects or may have positive effects.</P>
                <P>We use the term “threat” to refer in general to actions or conditions that are known to, or are reasonably likely to, affect individuals of a species negatively. The term “threat” includes actions or conditions that have a direct impact on individuals (direct impacts), as well as those that affect individuals through alteration of their habitat or required resources (stressors). The term “threat” may encompass—either together or separately—the source of the action or condition, or the action or condition itself. However, the mere identification of any threat(s) may not be sufficient to compel a finding that the information in the petition is substantial information indicating that the petitioned action may be warranted. The information presented in the petition must include evidence sufficient to suggest that these threats may be affecting the species to the point that the species may meet the definition of an endangered species or threatened species under the Act.</P>
                <P>If we find that a petition presents such information, our subsequent status review will evaluate all identified threats by considering the species' expected response and the effects of the threats—in light of those actions and conditions that will ameliorate the threats—on an individual, population, and species level. We evaluate each threat and its expected effects on the species, then analyze the cumulative effect of the threats on the species as a whole. We also consider the cumulative effect of the threats in light of those actions and conditions that will have positive effects on the species, such as any existing regulatory mechanisms or conservation efforts. The Secretary determines whether the species meets the definition of an “endangered species” or a “threatened species” only after conducting this cumulative analysis and describing the expected effect on the species.</P>
                <P>
                    We note that designating critical habitat is not a petitionable action under the Act. Petitions to designate critical habitat (for species without existing critical habitat) are reviewed under the Administrative Procedure Act (5 U.S.C. 551 
                    <E T="03">et seq.</E>
                    ) and applicable Departmental regulations, and are not addressed in this finding (see 50 CFR 424.14(j)). To the maximum extent prudent and determinable, any proposed critical habitat will be addressed concurrently with a proposed rule to list a species, if applicable.
                </P>
                <HD SOURCE="HD1">Summaries of Petition Findings</HD>
                <P>
                    The petition findings contained in this document are listed in the tables below, and the basis for each finding, along with supporting information, is available at 
                    <E T="03">https://www.regulations.gov</E>
                     under the appropriate docket number.
                </P>
                <GPOTABLE COLS="3" OPTS="L2,nj,i1" CDEF="s50,r90,r160">
                    <TTITLE>Table 1—Substantial Findings</TTITLE>
                    <BOXHD>
                        <CHED H="1">Common name</CHED>
                        <CHED H="1">Docket No.</CHED>
                        <CHED H="1">
                            URL to docket on 
                            <E T="03">https://www.regulations.gov</E>
                        </CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">Cascade red fox</ENT>
                        <ENT>FWS-R1-ES-2025-0093</ENT>
                        <ENT>
                            <E T="03">https://www.regulations.gov/docket/FWS-R1-ES-2025-0093.</E>
                        </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Diamondback terrapin</ENT>
                        <ENT>FWS-R5-ES-2025-0094</ENT>
                        <ENT>
                            <E T="03">https://www.regulations.gov/docket/FWS-R5-ES-2025-0094.</E>
                        </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Goose Lake lamprey</ENT>
                        <ENT>FWS-R8-ES-2025-0018</ENT>
                        <ENT>
                            <E T="03">https://www.regulations.gov/docket/FWS-R8-ES-2025-0018.</E>
                        </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Goose Lake sucker</ENT>
                        <ENT>FWS-R8-ES-2025-0016</ENT>
                        <ENT>
                            <E T="03">https://www.regulations.gov/docket/FWS-R8-ES-2025-0016.</E>
                        </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Goose Lake tui chub</ENT>
                        <ENT>FWS-R8-ES-2025-0017</ENT>
                        <ENT>
                            <E T="03">https://www.regulations.gov/docket/FWS-R8-ES-2025-0017.</E>
                        </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Loopy five firefly</ENT>
                        <ENT>FWS-R4-ES-2025-0097</ENT>
                        <ENT>
                            <E T="03">https://www.regulations.gov/docket/FWS-R4-ES-2025-0097.</E>
                        </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Plains spotted skunk</ENT>
                        <ENT>FWS-R3-ES-2025-0605</ENT>
                        <ENT>
                            <E T="03">https://www.regulations.gov/docket/FWS-R3-ES-2025-0605.</E>
                        </ENT>
                    </ROW>
                </GPOTABLE>
                <GPOTABLE COLS="3" OPTS="L2,nj,i1" CDEF="s50,r90,r160">
                    <TTITLE>Table 2—Not-Substantial Findings</TTITLE>
                    <BOXHD>
                        <CHED H="1">Common name</CHED>
                        <CHED H="1">Docket No.</CHED>
                        <CHED H="1">
                            URL to docket on 
                            <E T="03">https://www.regulations.gov</E>
                        </CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">Ellett Valley millipede</ENT>
                        <ENT>FWS-R5-ES-2025-0013</ENT>
                        <ENT>
                            <E T="03">https://www.regulations.gov/docket/FWS-R5-ES-2025-0013.</E>
                        </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Long-tailed macaque</ENT>
                        <ENT>FWS-HQ-ES-2023-0228</ENT>
                        <ENT>
                            <E T="03">https://www.regulations.gov/docket/FWS-HQ-ES-2023-0228.</E>
                        </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Louisiana black bear</ENT>
                        <ENT>FWS-R4-ES-2025-0015</ENT>
                        <ENT>
                            <E T="03">https://www.regulations.gov/docket/FWS-R4-ES-2025-0015.</E>
                        </ENT>
                    </ROW>
                </GPOTABLE>
                <PRTPAGE P="43072"/>
                <HD SOURCE="HD2">Evaluation of a Petition To List the Cascade Red Fox</HD>
                <HD SOURCE="HD3">Species and Range</HD>
                <FP SOURCE="FP-1">
                    Cascade Red Fox (
                    <E T="03">Vulpes vulpes cascadensis</E>
                    )
                </FP>
                <P>
                    <E T="03">Historical and current range:</E>
                     Washington State and southern British Columbia.
                </P>
                <P>The Cascade red fox is a subspecies of red fox recognized by its red and black coat, long bushy tail with a white tip, and small size (typically between 9 and 11 pounds). The subspecies is endemic to Washington State and southern British Columbia, Canada, occupying alpine and subalpine habitats in the Cascade Mountain Range.</P>
                <P>The Integrated Taxonomic Information System (ITIS) recognizes the Cascade red fox as a subspecies by the taxonomic serial number (TSN) 726932.</P>
                <HD SOURCE="HD3">Petition History</HD>
                <P>On October 21, 2024, we received a petition from the Center for Biological Diversity (CBD) requesting that the Cascade red fox be listed as a threatened species or an endangered species and critical habitat be designated for this subspecies under the Act. The petition clearly identified itself as such and included the requisite identification information for the petitioner, required at 50 CFR 424.14(c). This finding addresses the petition.</P>
                <HD SOURCE="HD3">Finding</HD>
                <P>We reviewed the petition, sources cited in the petition, and other readily available information (within the constraints of the Act and 50 CFR 424.14(h)(1)). We considered the credible information that the petition provided regarding effects of the threats that fall within factors under the Act's section 4(a)(1) as potentially ameliorated or exacerbated by any existing regulatory mechanisms or conservation efforts. Based on our review of the petition and readily available information, we find that the petitioners present substantial scientific or commercial information indicating that due to habitat modification from the effects of climate change (Factor A) listing the Cascade red fox as a threatened or endangered species may be warranted. The petition also presented information suggesting logging and development, previous trapping and poisoning programs, disease and predation, habituation, effects associated with small population size, nonnative red fox invasion, and vehicle collisions may be threats to the Cascade red fox. We will fully evaluate these potential threats during our 12-month status review, pursuant to the Act's requirement to review the best scientific and commercial information available when making that finding.</P>
                <P>
                    The basis for our finding on this petition and other information regarding our review of the petition can be found at 
                    <E T="03">https://www.regulations.gov</E>
                     under Docket No. FWS-R1-ES-2025-0093 under the Supporting &amp; Related Material section.
                </P>
                <HD SOURCE="HD2">Evaluation of a Petition To List the Diamondback Terrapin</HD>
                <HD SOURCE="HD3">Species and Range</HD>
                <FP SOURCE="FP-1">
                    Diamondback terrapin (
                    <E T="03">Malaclemys terrapin</E>
                    )
                </FP>
                <P>
                    <E T="03">Historical and current range:</E>
                     Atlantic and Gulf coasts of Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana, and Texas. Additionally, there is a small, isolated population on the island of Bermuda.
                </P>
                <P>The diamondback terrapin is an estuarine turtle species found in brackish tidal marshes and estuaries. Diamondback terrapins are easily identified by the concentric diamond-shaped patterns on the scutes and speckled skin on the head and limbs. ITIS recognizes the diamondback terrapin as a species (TSN: 173780).</P>
                <HD SOURCE="HD3">Petition History</HD>
                <P>On October 11, 2024, we received a petition from CBD requesting that the diamondback terrapin be listed as a threatened species or an endangered species and critical habitat be designated for this species under the Act. The petitioner also requested that four populations of diamondback terrapin be listed as threatened or endangered distinct population segments (DPS). The petition clearly identified itself as such and included the requisite identification information for the petitioner, required at 50 CFR 424.14(c). This finding addresses the petition.</P>
                <HD SOURCE="HD3">Finding</HD>
                <P>
                    We reviewed the petition, sources cited in the petition, and other readily available information (within the constraints of the Act and 50 CFR 424.14(h)(1)). We considered the credible information that the petition provided regarding effects of the threats that fall within factors under the Act's section 4(a)(1) as potentially ameliorated or exacerbated by any existing regulatory mechanisms or conservation efforts. Based on our review of the petition and readily available information regarding diamondback terrapins drowning in crab pots (Factor E), we find that the petition presents substantial scientific or commercial information indicating that listing the diamondback terrapin as a threatened or endangered species may be warranted. The petitioner also presented information suggesting habitat loss, the invasive common reed (
                    <E T="03">Phragmites australis australis</E>
                    ), pollution, oil spills, road mortality, poaching, predation, and climate change may be threats to the diamondback terrapin. We will fully evaluate these potential threats and potential DPSs during our 12-month status review, pursuant to the Act's requirement to review the best scientific and commercial information available when making that finding.
                </P>
                <P>
                    The basis for our finding on this petition and other information regarding our review of the petition can be found at 
                    <E T="03">https://www.regulations.gov</E>
                     under Docket No. FWS-R1-ES-2025-0094 under the Supporting &amp; Related Material section.
                </P>
                <HD SOURCE="HD2">Evaluation of a Petition To List the Ellett Valley Millipede</HD>
                <HD SOURCE="HD3">Species and Range</HD>
                <FP SOURCE="FP-1">
                    Ellett Valley Millipede (
                    <E T="03">Pseudotremia cavernarum</E>
                    )
                </FP>
                <P>
                    <E T="03">Historical and current range:</E>
                     Erhart's Cave (historical), Dave's Cave, Aunt Nellie's Hole, Heartbeat Cave, Tom's Cave, Thornhill Cave, Salamander Cave, Patrick's Cave, and Mice's Hole (Montgomery County, Virginia).
                </P>
                <P>
                    The Ellett Valley millipede is a troglobitic arthropod, meaning it completes its entire life cycle within caves. It is small (under 3 centimeters in length), wormlike, and almost completely without pigmentation. It is in the genus 
                    <E T="03">Pseudotremia</E>
                     (the second largest genus in the millipede family Cleidogonidae) and was first described in 1869. ITIS recognizes the Ellett Valley millipede as a species (TSN: 570424).
                </P>
                <HD SOURCE="HD3">Petition History</HD>
                <P>
                    On September 19, 2023, we received a petition from CBD requesting that the Ellett Valley millipede be listed as a threatened species or an endangered species and critical habitat be designated for this species under the Act. On October 6, 2023, CBD re-submitted a revised petition for the same request. The petition clearly identified itself as such and included the requisite identification information for the petitioner, required at 50 CFR 424.14(c). This finding addresses the petition.
                    <PRTPAGE P="43073"/>
                </P>
                <HD SOURCE="HD3">Finding</HD>
                <P>We reviewed the petition, sources cited in the petition, and other readily available information (within the constraints of the Act and 50 CFR 424.14(h)(1)). We considered the credible information that the petition provided regarding the individual and cumulative effects of threats that fall within factors under the Act's section 4(a)(1) as potentially ameliorated or exacerbated by any existing regulatory mechanisms or conservation efforts. Based on our review of the petition, sources cited in the petition, and other readily available information, we find that the petition does not provide substantial scientific or commercial information indicating that listing the Ellett Valley millipede as an endangered species or threatened species may be warranted.</P>
                <P>
                    The basis for our finding on this petition and other information regarding our review of the petition can be found at 
                    <E T="03">https://www.regulations.gov</E>
                     under Docket No. FWS-R5-ES-2025-0013 under the Supporting &amp; Related Material section.
                </P>
                <HD SOURCE="HD2">Evaluation of a Petition To List the Goose Lake Lamprey</HD>
                <HD SOURCE="HD3">Species and Range</HD>
                <FP SOURCE="FP-1">
                    Pacific lamprey [Goose Lake DPS] (
                    <E T="03">Entosphenus tridentatus</E>
                    ) (Goose Lake lamprey)
                </FP>
                <P>
                    <E T="03">Historical and current range:</E>
                     Lake County in Oregon, and Modoc County in California.
                </P>
                <P>The Goose Lake lamprey is a shiny bronze parasitic fish that can reach up to 19-25 centimeters (7.5-9.8 inches) in length, found only in the Goose Lake basin. ITIS recognizes the Pacific lamprey as a species (TSN: 159699).</P>
                <HD SOURCE="HD3">Petition History</HD>
                <P>
                    On January 14, 2025, we received a petition from CBD requesting that the Goose Lake lamprey (
                    <E T="03">Entosphenus tridentatus ssp.</E>
                    ) be identified as a DPS of the Pacific lamprey, be listed as a threatened species or an endangered species, and critical habitat be designated for this species under the Act. The petition clearly identified itself as such and included the requisite identification information for the petitioner, required at 50 CFR 424.14(c). This finding addresses the petition.
                </P>
                <HD SOURCE="HD3">Finding</HD>
                <P>We reviewed the petition, sources cited in the petition, and other readily available information (within the constraints of the Act and 50 CFR 424.14(h)(1)). Based on our review, we find that the petition presents substantial information that the petitioned entity may qualify as a DPS. We considered the credible information that the petition provided regarding effects of the threats that fall within factors under the Act's section 4(a)(1) as potentially ameliorated or exacerbated by any existing regulatory mechanisms or conservation efforts. Based on our review of the petition and readily available information regarding habitat loss due to agricultural water diversions (Factor A), we find that the petition presents substantial scientific or commercial information indicating that listing the Goose Lake lamprey as a threatened species or an endangered species may be warranted. The petitioners also presented information suggesting livestock grazing, transportation infrastructure, logging, mining, rural development, invasive species, changes to water temperatures and the frequency or timing of extreme weather events due to climate change, and wildfire may be threats to the Goose Lake lamprey. We will fully evaluate these potential threats during our 12-month status review, pursuant to the Act's requirement to review the best scientific and commercial information available when making that finding.</P>
                <P>
                    The basis for our finding on this petition and other information regarding our review of the petition can be found at 
                    <E T="03">https://www.regulations.gov</E>
                     under Docket No. FWS-R8-ES-2025-0018 under the Supporting &amp; Related Material section.
                </P>
                <HD SOURCE="HD2">Evaluation of a Petition To List the Goose Lake Sucker</HD>
                <HD SOURCE="HD3">Species and Range</HD>
                <FP SOURCE="FP-1">
                    Goose Lake sucker (
                    <E T="03">Catostomus occidentalis lacusanserinus</E>
                    )
                </FP>
                <P>
                    <E T="03">Historical and current range:</E>
                     Lake County in Oregon and Modoc County in California.
                </P>
                <P>
                    The Goose Lake sucker is a dark grey to dull brown catostomid fish that can reach up to 350 millimeters (13.8 inches) in length, found only in the Goose Lake basin. ITIS recognizes the Goose Lake sucker (TSN: 914031) as a subspecies of the Sacramento sucker (
                    <E T="03">Catostomus occidentalis</E>
                    ). The petition references Fowler (1913) as the first description of the subspecies.
                </P>
                <HD SOURCE="HD3">Petition History</HD>
                <P>On January 14, 2025, we received a petition from CBD requesting that the Goose Lake sucker be listed as a threatened species or an endangered species and critical habitat be designated for this species under the Act. The petition clearly identified itself as such and included the requisite identification information for the petitioner, required at 50 CFR 424.14(c). This finding addresses the petition.</P>
                <HD SOURCE="HD3">Finding</HD>
                <P>We reviewed the petition, sources cited in the petition, and other readily available information (within the constraints of the Act and 50 CFR 424.14(h)(1)). We considered the credible information that the petition provided regarding effects of the threats that fall within factors under the Act's section 4(a)(1) as potentially ameliorated or exacerbated by any existing regulatory mechanisms or conservation efforts. Based on our review of the petition and readily available information regarding habitat loss due to agricultural water diversions (Factor A), we find that the petition presents substantial scientific or commercial information indicating that listing the Goose Lake sucker as a threatened species or an endangered species may be warranted. The petitioners also presented information suggesting livestock grazing, transportation infrastructure, logging, rural development, invasive species, changes to water temperatures and the frequency or timing of extreme weather events due to climate change, and wildfire may be threats to the Goose Lake sucker. We will fully evaluate these potential threats during our 12-month status review, pursuant to the Act's requirement to review the best scientific and commercial information available when making that finding.</P>
                <P>
                    The basis for our finding on this petition and other information regarding our review of the petition can be found at 
                    <E T="03">https://www.regulations.gov</E>
                     under Docket No. FWS-R8-ES-2025-0016 under the Supporting &amp; Related Material section.
                </P>
                <HD SOURCE="HD2">Evaluation of a Petition To List the Goose Lake Tui Chub</HD>
                <HD SOURCE="HD3">Species and Range</HD>
                <FP SOURCE="FP-1">
                    Goose Lake tui chub (
                    <E T="03">Siphateles thalassinus thalassinus</E>
                    )
                </FP>
                <P>
                    <E T="03">Historical and current range</E>
                    : Lake County in Oregon, and Modoc County in California.
                </P>
                <P>
                    The Goose Lake tui chub is a deep olive and white cyprinid fish approximately 20-25 cm in length, found only in the Goose Lake basin and the upper Pit River. ITIS recognizes the Goose Lake tui chub as a subspecies (TSN: 914020). The petition references sources that place the subspecies within 
                    <E T="03">S. thalassinus</E>
                     rather than within 
                    <E T="03">Siphateles bicolor thalassinus</E>
                     as indicated by ITIS.
                    <PRTPAGE P="43074"/>
                </P>
                <HD SOURCE="HD3">Petition History</HD>
                <P>On January 14, 2025, we received a petition from the CBD requesting that the Goose Lake tui chub be listed as a threatened species or an endangered species and critical habitat be designated for this species under the Act. The petition clearly identified itself as such and included the requisite identification information for the petitioner, required at 50 CFR 424.14(c). This finding addresses the petition.</P>
                <HD SOURCE="HD3">Finding</HD>
                <P>We reviewed the petition, sources cited in the petition, and other readily available information (within the constraints of the Act and 50 CFR 424.14(h)(1)). We considered the credible information that the petition provided regarding effects of the threats that fall within factors under the Act's section 4(a)(1) as potentially ameliorated or exacerbated by any existing regulatory mechanisms or conservation efforts. Based on our review of the petition and readily available information regarding habitat loss due to agricultural water diversions (Factor A), we find that the petition presents substantial scientific or commercial information indicating that listing the Goose Lake tui chub as a threatened species or an endangered species may be warranted. The petitioners also presented information suggesting livestock grazing, transportation infrastructure, logging, rural development, invasive species, changes to water temperatures and the frequency or timing of extreme weather events due to climate change, and wildfire may be threats to the Goose Lake tui chub. We will fully evaluate these potential threats during our 12-month status review, pursuant to the Act's requirement to review the best scientific and commercial information available when making that finding.</P>
                <P>
                    The basis for our finding on this petition and other information regarding our review of the petition can be found at 
                    <E T="03">https://www.regulations.gov</E>
                     under Docket No. FWS-R8-ES-2025-0017 under the Supporting &amp; Related Material section.
                </P>
                <HD SOURCE="HD2">Evaluation of a Petition To List the Long-Tailed Macaque</HD>
                <HD SOURCE="HD3">Species and Range</HD>
                <FP SOURCE="FP-1">
                    Long-tailed macaque (
                    <E T="03">Macaca fascicularis</E>
                    )
                </FP>
                <P>
                    <E T="03">Historical range:</E>
                     Bangladesh, Brunei Darussalam, Cambodia, Nicobar Islands of India, Indonesia, Lao People's Democratic Republic, Malaysia, Myanmar, Philippines, Singapore, Thailand, Timor-Leste, and Vietnam.
                </P>
                <P>
                    <E T="03">Current range:</E>
                     Brunei Darussalam, Cambodia, Nicobar Islands of India, Indonesia, Lao People's Democratic Republic, Malaysia, Mauritius, Myanmar, Palau, Papua New Guinea, Philippines, Singapore, Thailand, Timor-Leste, and Vietnam.
                </P>
                <P>The long-tailed macaque is a small primate species known for their remarkably long tails, which measure approximately 19-23.5 inches (48.3-60 centimeters) and extend beyond their 15-18.5-inch (38.1-152.4 centimeters) head and body length. ITIS recognizes the long-tailed macaque as a species (TSN: 180098).</P>
                <HD SOURCE="HD3">Petition History</HD>
                <P>On April 12, 2023, we received a petition requesting that long-tailed macaque be listed as a threatened species or an endangered species under the Act from People for the Ethical Treatment of Animals, Lisa Jones-Engel, Birutė Mary Galdikas, Jane Goodall, Action for Primates, Born Free USA, Sarah Kite, Nedim C. Buyukmihci, Angela Grimes, Liz Tyson-Griffin, Asia for Animals Macaque Coalition, Ecoflix, Ian Redmond, International Primate Protection League, Wildlife Alliance, Physicians Committee for Responsible Medicine, Michael Schillaci, One Voice, Abolición Vivisección, Sam Shanee, Gemunu de Silva, Northwest Animal Rights Network, Pam Mendosa, Phoenix Zones Initiative, Hope Ferdowsian, ACP, Nikhil Kulkarni, Neotropical Primate Conservation, EMS Foundation, Tim Ajax, Rise for Animals, Wildlife Friends Foundation Thailand, Douc Langur Foundation, Fundacion Entropika, Angela Maldonado, Animal Defenders International, World Animal Protection, Paula Pebsworth, and Japan Anti-Vivisection Association. The petition clearly identified itself as such and included the requisite identification information for the petitioner, required at 50 CFR 424.14(c). We did not find that the petition presented substantial information and published a not-substantial 90-day finding on October 8, 2024 (89 FR 81388).</P>
                <P>On January 27, 2025, we received a second petition requesting that long-tailed macaque be listed as a threatened species or an endangered species from People for the Ethical Treatment of Animals, Lisa Jones-Engel, Birutė Mary Galdikas, Jane Goodall, Action for Primates, Born Free USA, Sarah Kite, Nedim Buyukmihci, Angela Grimes, Liz Tyson, Asia for Animals Macaque Coalition, Ecoflix, Ian Redmond, International Primate Protection League, Wildlife Alliance, Physicians Committee for Responsible Medicine, Michael Schillaci, One Voice, Abolición Vivisección, Sam Shanee, Gemunu de Silva, Northwest Animal Rights Network, Neotropical Primate Conservation, EMS Foundation, Tim Ajax, Rise for Animals, Wildlife Friends Foundation Thailand, Douc Langur Foundation, Fundacion Entropika, Angela Maldonado, Animal Defenders International, World Animal Protection, Paula Pebsworth, Japan Anti-Vivisection Association, Animal Protection Denmark, Born Free Foundation, Mark Jones, Agustín Fuentes, Animal Alliance of Canada, Anthony B. Rylands, and Russell Mittermeier. This second petition incorporates by reference the April 12, 2023, petition, and in an addendum, supplements the April 12, 2023, petition with new information. This finding addresses the petition.</P>
                <HD SOURCE="HD3">Finding</HD>
                <P>We reviewed the petition, sources cited in the petition, and other readily available information (within the constraints of the Act and 50 CFR 424.14(h)(1)). We considered the credible information that the petition provided regarding the individual and cumulative effects of the threats that fall within factors under the Act's section 4(a)(1) as potentially ameliorated or exacerbated by any existing regulatory mechanisms or conservation efforts. Based on our review of the petition and readily available information regarding the population trends and cumulative effects of habitat loss and degradation (Factor A), collection and hunting (Factor B), disease (Factor C), and culling and sterilization (Factor E), we find that the petition does not provide substantial scientific or commercial information indicating that listing the long-tailed macaque as a threatened or an endangered species may be warranted.</P>
                <P>
                    The basis for our finding on this petition and other information regarding our review of the petition can be found at 
                    <E T="03">https://www.regulations.gov</E>
                     under Docket No. FWS-HQ-ES-2023-0228 under the Supporting &amp; Related Material section.
                </P>
                <HD SOURCE="HD2">Evaluation of a Petition To List the Loopy Five Firefly</HD>
                <HD SOURCE="HD3">Species and Range</HD>
                <FP SOURCE="FP-1">
                    Loopy five firefly (
                    <E T="03">Photuris forresti</E>
                    )
                </FP>
                <P>
                    <E T="03">Historical and current range:</E>
                     Georgia, South Carolina, Tennessee.
                </P>
                <P>
                    The loopy five firefly is a nocturnal insect species that has been documented at eight total localities across Georgia, South Carolina, and Tennessee. The common name loopy five firefly refers to the species' distinctive flash pattern that includes a series of four to seven 
                    <PRTPAGE P="43075"/>
                    pulses emitted over approximately 3 seconds while rising and falling. ITIS recognizes the loopy five firefly as a species (TSN: 1157768).
                </P>
                <HD SOURCE="HD3">Petition History</HD>
                <P>On March 21, 2023, we received a petition from the Xerces Society for Invertebrate Conservation, requesting that the loopy five firefly be listed as an endangered species and critical habitat be designated for this species under the Act. The petition clearly identified itself as such and included the requisite identification information for the petitioner, required at 50 CFR 424.14(c). This finding addresses the petition.</P>
                <HD SOURCE="HD3">Finding</HD>
                <P>We reviewed the petition, sources cited in the petition, and other readily available information (within the constraints of the Act and 50 CFR 424.14(h)(1)). We considered the credible information that the petition provided regarding effects of the threats that fall within factors under the Act's section 4(a)(1) as potentially ameliorated or exacerbated by any existing regulatory mechanisms or conservation efforts. Based on our review of the petition and readily available information regarding urban sprawl and associated light pollution (Factor A), we find that the petition presents substantial scientific or commercial information indicating that listing the loopy five firefly may be warranted. The petitioners also presented information suggesting urban development; alteration of natural hydrology; habitat fragmentation; beaver control and eradication; invasive species; overutilization for commercial, recreational, scientific, or educational purposes; disease or predation; pesticides and pollutants; climate change; as well as small populations and the Allee effect may be threats to the loopy five firefly. We will fully evaluate these potential threats during our 12-month status review, pursuant to the Act's requirement to review the best scientific and commercial information available when making that finding.</P>
                <P>
                    The basis for our finding on this petition and other information regarding our review of the petition can be found at 
                    <E T="03">https://www.regulations.gov</E>
                     under Docket No. FWS-R4-ES-2025-0097 under the Supporting &amp; Related Material section.
                </P>
                <HD SOURCE="HD2">Evaluation of a Petition To List the Louisiana Black Bear</HD>
                <HD SOURCE="HD3">Species and Range</HD>
                <FP SOURCE="FP-1">
                    Louisiana black bear (
                    <E T="03">Ursus americanus luteolus</E>
                    )
                </FP>
                <P>
                    <E T="03">Historical Range:</E>
                     eastern Texas, Louisiana, and the southern portion of Mississippi.
                </P>
                <P>
                    <E T="03">Current Range:</E>
                     Tensas River and Atchafalaya River basins of Louisiana and bottomland hardwood forests of the Lower Mississippi Alluvial Valley of Mississippi.
                </P>
                <P>The Louisiana black bear is a large, bulky mammal with long black hair and a short, well-haired tail. The median estimated weights of adult Louisiana black bears is 292 pounds (133 kilograms) for males and 147 pounds (67 kilograms) for females. ITIS recognizes the Louisiana black bear (TSN: 202388) as a subspecies of the American black bear.</P>
                <HD SOURCE="HD3">Petition History</HD>
                <P>On November 11, 2024, we received a petition from Atchafalaya Basinkeeper, Louisiana Crawfish Producers Association—West, Healthy Gulf, and Sierra Club Delta Chapter (petitioners), requesting that the Louisiana black bear be emergency listed as a threatened species or an endangered species under the Act. The petition clearly identified itself as such and included the requisite identification information for the petitioner, required at 50 CFR 424.14(c). Listing a species on an emergency basis is not a petitionable action under the Act, and the question of when to list on an emergency basis is left to the discretion of the Service. If the Service determines that the standard for emergency listing in section 4(b)(7) of the Act is met, the Service may exercise that discretion to take an emergency listing action at any time. Therefore, we are considering this petition as a request to list the Louisiana black bear. This finding addresses the petition.</P>
                <HD SOURCE="HD3">Finding</HD>
                <P>We reviewed the petition, sources cited in the petition, and other readily available information (within the constraints of the Act and 50 CFR 424.14(h)(1)). We considered the credible information that the petition provided regarding the individual and cumulative effects of threats that fall within factors under the Act's section 4(a)(1) as potentially ameliorated or exacerbated by any existing regulatory mechanisms or conservation efforts. Based on our review of the petition, sources cited in the petition, and other readily available information regarding the loss and degradation of habitat from present and future development (Factor A), the Louisiana-sanctioned black bear hunt (Factor B), as well as roadkill and other natural or manmade factors affecting the subspecies' continued existence (Factor E), we find that the petition does not provide substantial scientific or commercial information indicating that listing the Louisiana black bear as a threatened or an endangered species may be warranted.</P>
                <P>
                    The basis for our finding on this petition and other information regarding our review of the petition can be found at 
                    <E T="03">https://www.regulations.gov</E>
                     under Docket No. FWS-R4-ES-2025-0015 under the Supporting &amp; Related Material section.
                </P>
                <HD SOURCE="HD2">Evaluation of a Petition To List the Plains Spotted Skunk</HD>
                <HD SOURCE="HD3">Species and Range</HD>
                <FP SOURCE="FP-1">
                    Plains spotted skunk (
                    <E T="03">Spilogale interrupta</E>
                    )
                </FP>
                <P>
                    <E T="03">Historical range:</E>
                     Arkansas, Colorado, Illinois, Iowa, Kansas, Louisiana, Minnesota, Missouri, Nebraska, North Dakota, Oklahoma, South Dakota, Texas, Wisconsin, and Wyoming.
                </P>
                <P>
                    <E T="03">Current range:</E>
                     Arkansas, Iowa, Kansas, Minnesota, Missouri, Nebraska, North Dakota, Oklahoma, South Dakota, Texas, and Wyoming.
                </P>
                <P>ITIS recognizes the plains spotted skunk as a species (TSN: 1192482).</P>
                <HD SOURCE="HD3">Petition History</HD>
                <P>On July 8, 2025, we received a petition from Grasslands Unlimited requesting that the plains spotted skunk be listed as a threatened species or an endangered species under the Act. The petition clearly identified itself as such and included the requisite identification information for the petitioner, required at 50 CFR 424.14(c). This finding addresses the petition.</P>
                <HD SOURCE="HD3">Finding</HD>
                <P>
                    We reviewed the petition, sources cited in the petition, and other readily available information (within the constraints of the Act and 50 CFR 424.14(h)(1)). We considered the credible information that the petition provided regarding effects of the threats that fall within factors under the Act's section 4(a)(1) as potentially ameliorated or exacerbated by any existing regulatory mechanisms or conservation efforts. In our September 20, 2023, 12-month petition finding for the plains spotted skunk, we concluded that listing the species as either an endangered species or a threatened species was not warranted (88 FR 64870). This conclusion was based on the best scientific and commercial information available regarding the species. At the time, range-wide demographic information, species distribution across the Great Plains, and population trends were not available. 
                    <PRTPAGE P="43076"/>
                    Thus, we assessed viability using information on habitat availability and the likelihood of adequate resources being present on the landscape within each of the plains spotted skunk's analysis units. Our conclusion was also based on sparse historical and recent records which showed that, while cryptic and difficult to detect, the species was occasionally recorded across much of the predicted range. Based on our review of the petition and readily available information regarding presence/absence species survey findings in the Great Plains that occurred since the time of our 2023 finding, we find that the petition presents substantial new scientific or commercial information indicating that listing the plains spotted skunk as a threatened species or an endangered species may be warranted. Specifically, the petition presents credible new information that the plains spotted skunk may be extirpated or occur in very low numbers in Kansas and Nebraska. The petitioners also presented information suggesting that isolated extreme weather conditions, climate change, and the trends in land conversion from grasslands to large scale agriculture may be threats to the plains spotted skunk. We will fully evaluate these potential threats during our 12-month status review, pursuant to the Act's requirement to review the best scientific and commercial information available when making that finding.
                </P>
                <P>
                    The basis for our finding on this petition and other information regarding our review of the petition can be found at 
                    <E T="03">https://www.regulations.gov</E>
                     under Docket No. FWS-R3-ES-2025-0605 under the Supporting &amp; Related Material section.
                </P>
                <HD SOURCE="HD1">Conclusion</HD>
                <P>On the basis of our evaluation of the information presented in the petitions under section 4(b)(3)(A) of the Act, we have determined that the petitions summarized above for the Cascade red fox, diamondback terrapin, Goose Lake lamprey, Goose Lake sucker, Goose Lake tui chub, loopy five firefly, and plains spotted skunk present substantial scientific or commercial information indicating that the petitioned actions may be warranted. We are, therefore, initiating status reviews of these species to determine whether the actions are warranted under the Act. At the conclusion of the status reviews, we will issue findings, in accordance with section 4(b)(3)(B) of the Act, as to whether the petitioned actions are not warranted, warranted, or warranted but precluded by pending proposals to determine whether any species is an endangered species or a threatened species. In addition, we have determined that the petitions summarized above for the Ellet Valley millipede, long-tailed macaque, and Louisiana black bear do not present substantial scientific or commercial information indicating that the petitioned actions may be warranted. We are, therefore, not initiating status reviews for these species in response to the petitions.</P>
                <HD SOURCE="HD1">Authority</HD>
                <P>
                    The authority for these actions is the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 
                    <E T="03">et seq.</E>
                    ).
                </P>
                <SIG>
                    <NAME>Brian R. Nesvik,</NAME>
                    <TITLE>Director, U.S. Fish and Wildlife Service.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-14098 Filed 7-13-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4333-15-P</BILCOD>
        </PRORULE>
    </PRORULES>
    <VOL>91</VOL>
    <NO>133</NO>
    <DATE>Tuesday, July 14, 2026</DATE>
    <UNITNAME>Notices</UNITNAME>
    <NOTICES>
        <NOTICE>
            <PREAMB>
                <PRTPAGE P="43077"/>
                <AGENCY TYPE="F">DEPARTMENT OF AGRICULTURE</AGENCY>
                <SUBAGY>Animal and Plant Health Inspection Service</SUBAGY>
                <DEPDOC>[Docket No. APHIS-2026-0728]</DEPDOC>
                <SUBJECT>Notice of Request for Revision to and Extension of Approval of an Information Collection; Importation of Live Swine (From Certain Regions), Pork, and Pork Products</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Animal and Plant Health Inspection Service, USDA.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Revision to and extension of approval of an information collection; comment request.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>In accordance with the Paperwork Reduction Act of 1995, this notice announces the Animal and Plant Health Inspection Service's intention to request a revision to and extension of approval of an information collection associated with the regulations for the importation of live swine (from certain regions), pork, and pork products free of classical swine fever, particularly from Brazil, Chile, and Mexico.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>We will consider all comments that we receive on or before September 14, 2026.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>You may submit comments by either of the following methods:</P>
                    <P>
                        • 
                        <E T="03">Federal eRulemaking Portal:</E>
                         Go to 
                        <E T="03">www.regulations.gov.</E>
                         Enter APHIS-2026-0728 in the Search field. Select the Documents tab, then select the Comment button in the list of documents.
                    </P>
                    <P>
                        • 
                        <E T="03">Postal Mail/Commercial Delivery:</E>
                         Send your comment to Docket No. APHIS-2026-0728, Regulatory Analysis and Development, PPD, APHIS, 5601 Sunnyside Ave., # AP760, Beltsville, MD 20705.
                    </P>
                    <P>
                        Supporting documents and any comments we receive on this docket may be viewed at 
                        <E T="03">www.regulations.gov</E>
                         or in our reading room, which is located in Room 1620 of the USDA South Building, 14th Street and Independence Avenue SW, Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through Friday, except holidays. To be sure someone is there to help you, please call (202) 799-7039 before coming.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        For information on the importation of live swine (from certain regions), pork, and pork products, contact Dr. Lindsay Chase, Staff Veterinary Medical Officer, VS, APHIS, 5601 Sunnyside Ave., Beltsville, MD 20705 or at (301) 851-3300; 
                        <E T="03">APIE@usda.gov.</E>
                         For more information on the information collection reporting process, contact Ms. Sheniqua Harris, APHIS' Paperwork Reduction Act Coordinator, at (301) 851-2528 or email 
                        <E T="03">APHIS.PRA@usda.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P/>
                <P>
                    <E T="03">Title:</E>
                     Importation of Live Swine (from Certain Regions), Pork, and Pork Products.
                </P>
                <P>
                    <E T="03">OMB Control Number:</E>
                     0579-0230.
                </P>
                <P>
                    <E T="03">Type of Request:</E>
                     Revision to and extension of approval of an information collection.
                </P>
                <P>
                    <E T="03">Abstract:</E>
                     Under the Animal Health Protection Act (7 U.S.C. 8301 
                    <E T="03">et seq.</E>
                    ), the Animal and Plant Health Inspection Service (APHIS) of the United States Department of Agriculture is authorized, among other things, to prohibit or restrict the importation and interstate movement of animals and animal products to prevent the introduction into and dissemination within the United States of livestock diseases and pests. To carry out this mission, APHIS regulates the importation of animals and animal products into the United States. The regulations for the importation of animals and animal products are contained in 9 CFR parts 92 through 98.
                </P>
                <P>Part 94 allows the importation, under certain conditions, of live swine, pork, and pork products from regions that are free of classical swine fever (CSF) to prevent the introduction of CSF into the United States. Three regions, in Brazil, Chile, and Mexico, are subject to additional restrictions in accordance with §  94.32. APHIS recognizes these regions as free of CSF but restricts importation of live swine, pork, and pork products from these regions because they either supplement their pork supplies by importing fresh (chilled or frozen) pork from CSF-affected regions, supplement their pork supplies with pork from CSF-affected regions that is not processed in accordance with the requirements in part 94, share a common land border with CSF-affected regions, or import live swine from such regions under conditions less restrictive than would be acceptable for importation into the United States.</P>
                <P>To ensure that the importation of live swine, pork, and pork products, particularly from Brazil, Chile, and Mexico, do not introduce CSF into the United States, the regulations include information collection activities such as certification for importation of pork or pork products; application of seal; location and reason for breaking seal and application of new seal; termination of agreement; request for approval of defrost facility; request hearing for denial or approval of defrost facility; application for import of small amounts of pork or pork products; cooperative service agreement; notification of Customs and Border Protection inspectors for pork from specific regions; recordkeeping requirements for certificates; certificates for meat processed in tubes; certification for importation of hams; agreement for processing procedures; identification procedures; recordkeeping for processing origin of hams; and program statements.</P>
                <P>We are asking OMB to approve our use of these information collection activities, as described, for an additional 3 years. APHIS has amended this information collection by decreasing the number of Respondents, Responses, and Total Burden Hours being reported.</P>
                <P>The purpose of this notice is to solicit comments from the public (as well as affected agencies) concerning our information collection. These comments will help us:</P>
                <P>(1) Evaluate whether the collection of information is necessary for the proper performance of the functions of the Agency, including whether the information will have practical utility;</P>
                <P>(2) Evaluate the accuracy of our estimate of the burden of the collection of information, including the validity of the methodology and assumptions used;</P>
                <P>(3) Enhance the quality, utility, and clarity of the information to be collected; and</P>
                <P>
                    (4) Minimize the burden of the collection of information on those who are to respond, through use, as 
                    <PRTPAGE P="43078"/>
                    appropriate, of automated, electronic, mechanical, and other collection technologies; 
                    <E T="03">e.g.,</E>
                     permitting electronic submission of responses.
                </P>
                <P>
                    <E T="03">Estimate of burden:</E>
                     The public burden for this collection of information is estimated to average 1.0 hour per response.
                </P>
                <P>
                    <E T="03">Respondents:</E>
                     Full-time, salaried veterinary officers employed by the governments of Chile, Brazil, and Mexico, industry representatives, and U.S. importers.
                </P>
                <P>
                    <E T="03">Estimated annual number of respondents:</E>
                     772.
                </P>
                <P>
                    <E T="03">Estimated annual number of responses per respondent:</E>
                     208.
                </P>
                <P>
                    <E T="03">Estimated annual number of responses:</E>
                     160,388.
                </P>
                <P>
                    <E T="03">Estimated total annual burden on respondents:</E>
                     160,391 hours. (Due to averaging, the total annual burden hours may not equal the product of the annual number of responses multiplied by the reporting burden per response.)
                </P>
                <P>All responses to this notice will be summarized and included in the request for OMB approval. All comments will also become a matter of public record.</P>
                <SIG>
                    <DATED>Done in Washington, DC, this 9th day of July 2026.</DATED>
                    <NAME>Kelly Moore,</NAME>
                    <TITLE>Administrator, Animal and Plant Health Inspection Service.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-14122 Filed 7-13-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 3410-34-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF AGRICULTURE</AGENCY>
                <SUBAGY>Animal and Plant Health Inspection Service</SUBAGY>
                <DEPDOC>[Docket No. APHIS-2026-0727]</DEPDOC>
                <SUBJECT>Notice of Request for Revision to and Extension of Approval of an Information Collection; National Animal Health Reporting System and Handling Swine With Potential Vesicular Disease</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Animal and Plant Health Inspection Service, USDA.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Revision to and extension of approval of an information collection; comment request.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>In accordance with the Paperwork Reduction Act of 1995, this notice announces the Animal and Plant Health Inspection Service's (APHIS') intention to request a revision to and extension of approval of an information collection associated with APHIS' National List of Reportable Animal Diseases National Animal Health Reporting System.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>We will consider all comments that we receive on or before September 14, 2026.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>You may submit comments by either of the following methods:</P>
                    <P>
                        • 
                        <E T="03">Federal eRulemaking Portal:</E>
                         Go to 
                        <E T="03">www.regulations.gov.</E>
                         Enter APHIS-2026-0727 in the Search field. Select the Documents tab, then select the Comment button in the list of documents.
                    </P>
                    <P>
                        • 
                        <E T="03">Postal Mail/Commercial Delivery:</E>
                         Send your comment to Docket No. APHIS-2026-0727, Regulatory Analysis and Development, PPD, APHIS, 5601 Sunnyside Ave., #AP760, Beltsville, MD 20705.
                    </P>
                    <P>
                        Supporting documents and any comments we receive on this docket may be viewed at 
                        <E T="03">www.regulations.gov</E>
                         or in our reading room, which is located in Room 1620 of the USDA South Building, 14th Street and Independence Avenue SW, Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through Friday, except holidays. To be sure someone is there to help you, please call (202) 799-7039 before coming.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        For more information on the National Animal Health Reporting System, contact Dr. James Lee, Veterinary Medical Officer, Centers for Epidemiology and Animal Health, VS, APHIS, 2150 Centre Ave, Building B MS 2E6, Fort Collins, CO 80526-8117; (774) 276-7787; 
                        <E T="03">james.o.lee@usda.gov.</E>
                         For more information about swine vesicular disease surveillance, contact Dr. Lydia Carpenter, Veterinary Medical Officer, Swine Health Commodity Team, Strategy and Policy, VS, APHIS, 1400 Independence Avenue SW, Washington, DC 20250; (630) 204-7186; email at 
                        <E T="03">VS.SP.ASEP.Swine@usda.gov.</E>
                         For information about the information collection process, contact Ms. Sheniqua Harris, APHIS' Paperwork Reduction Act Coordinator, at (301) 851-2528 or email 
                        <E T="03">APHIS.PRA@usda.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P/>
                <P>
                    <E T="03">Title:</E>
                     National Animal Health Reporting System and Handling Swine with Potential Vesicular Disease.
                </P>
                <P>
                    <E T="03">OMB Control Number:</E>
                     0579-0299.
                </P>
                <P>
                    <E T="03">Type of Request:</E>
                     Revision to and extension of approval of an information collection.
                </P>
                <P>
                    <E T="03">Abstract:</E>
                     Under the Animal Health Protection Act (7 U.S.C. 8301 
                    <E T="03">et seq.</E>
                    ), the Animal Plant Health Inspection Service (APHIS) is authorized, among other things, to prohibit or restrict the importation and interstate movement of animals and other articles to prevent the introduction and interstate spread of livestock diseases and to eradicate such diseases from the United States when feasible. In connection with this mission, APHIS operates the National Animal Health Reporting System (NAHRS), which collects, on a national basis, monthly data from State veterinarians on the presence or absence of diseases of interest to the World Organization for Animal Health (WOAH).
                </P>
                <P>As a member country of WOAH, the United States must submit reports to the WOAH on the status of certain diseases in specific livestock, poultry, and aquaculture species. Reportable diseases are diseases that have the potential for rapid spread, irrespective of national borders, that are of serious socioeconomic or public health consequence, and that are of major importance in the international trade of animals and animal products. The potential benefits to trade of accurate reporting on the health status of the U.S. commercial livestock, poultry, and aquaculture industries include expansion of those industries into new export markets and preservation of existing markets through increased confidence in quality and disease freedom. This data collection is unique in terms of the type, quantity, and frequency because no other entity is collecting and reporting data to the WOAH on the health status of U.S. livestock, poultry, and aquaculture.</P>
                <P>Information collected from the States covers the monthly NAHRS 1 reports. The NAHRS 2 and NVSL 201 burden, which were added to the previous renewal of this collection and were used to report on emerging diseases and SARS-CoV-2 testing in animals, are no longer being used and have been removed from this collection (0579-0299).</P>
                <P>
                    VS' mission also includes preventing foreign animal disease outbreaks in the United States, and monitoring, controlling, and eliminating a disease outbreak should one occur. Any swine having vesicular lesions are suspects for foreign animal diseases (FADs), such as foot-and-mouth disease (FMD), until determined otherwise by VS through authorized testing at approved National Animal Health Laboratory Network (NAHLN) laboratories with oversight and confirmatory testing, if required, by the Foreign Animal Disease Diagnostic Laboratory (FADDL). Several viral pathogens may cause vesicular lesions in swine, including FMD virus, swine vesicular disease virus, vesicular stomatitis virus, and Senecavalley A virus. Veterinarians are unable to differentiate the etiology of these gross lesions without diagnostic testing. 
                    <PRTPAGE P="43079"/>
                    Vesicular lesions on swine should be reported by State, Federal, and accredited veterinarians to ensure rapid detection of FMD or any other FAD, if introduced. This is done to protect the health, public confidence, and marketability of our nation's livestock health, marketability of meat products, and public confidence. Information collection includes notifiable swine disease reporting, NAHRS monthly State and Area Veterinarian In Charge (AVIC) reports, and FAD data collection and investigations. These information collection activities have been approved by the Office of Management and Budget (OMB) under control number 0579-0493.
                </P>
                <P>The information collection activities currently reported under OMB number 0579-0493 (Handling Swine with Potential Vesicular Disease) is being merged into this collection (0579-0299). After OMB approves and combines the burden for both collections under 0579-0299, 0579-0493 will be discontinued.</P>
                <P>We are asking OMB to approve our use of these information collection activities, as described, for 3 years.</P>
                <P>The purpose of this notice is to solicit comments from the public (as well as affected agencies) concerning our information collection. These comments will help us:</P>
                <P>(1) Evaluate whether the collection of information is necessary for the proper performance of the functions of the Agency, including whether the information will have practical utility;</P>
                <P>(2) Evaluate the accuracy of our estimate of the burden of the collection of information, including the validity of the methodology and assumptions used;</P>
                <P>(3) Enhance the quality, utility, and clarity of the information to be collected; and</P>
                <P>
                    (4) Minimize the burden of the collection of information on those who are to respond, through use, as appropriate, of automated, electronic, mechanical, and other collection technologies; 
                    <E T="03">e.g.,</E>
                     permitting electronic submission of responses.
                </P>
                <P>
                    <E T="03">Estimate of burden:</E>
                     The public burden for this collection of information is estimated to average 1.75 hours per response.
                </P>
                <P>
                    <E T="03">Respondents:</E>
                     State veterinarians, farmers, public health officials, and animal scientists.
                </P>
                <P>
                    <E T="03">Estimated annual number of respondents:</E>
                     172.
                </P>
                <P>
                    <E T="03">Estimated annual number of responses per respondent:</E>
                     44.
                </P>
                <P>
                    <E T="03">Estimated annual number of responses:</E>
                     7,524.
                </P>
                <P>
                    <E T="03">Estimated total annual burden on respondents:</E>
                     13,167 hours. (Due to averaging, the total annual burden hours may not equal the product of the annual number of responses multiplied by the reporting burden per response.)
                </P>
                <P>All responses to this notice will be summarized and included in the request for OMB approval. All comments will also become a matter of public record.</P>
                <SIG>
                    <DATED>Done in Washington, DC, this 9th day of July 2026.</DATED>
                    <NAME>Kelly Moore,</NAME>
                    <TITLE>Administrator, Animal and Plant Health Inspection Service.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-14121 Filed 7-13-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 3410-34-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF AGRICULTURE</AGENCY>
                <SUBAGY>Food and Nutrition Administration</SUBAGY>
                <SUBJECT>Food Distribution Program: Value of Donated Foods From July 1, 2026 Through June 30, 2027</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Food and Nutrition Administration, USDA.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This notice announces the national average value of donated foods or, where applicable, cash in lieu of donated foods, to be provided in school year 2027 (July 1, 2026 through June 30, 2027) for each lunch served by schools participating in the National School Lunch Program (NSLP), and for each lunch and supper served by institutions participating in the Child and Adult Care Food Program (CACFP).</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Effective date: July 1, 2026.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Farah Ahmad, Program Analyst, Food Distribution Policy Branch, SNAS Policy Division, Food and Nutrition Administration, U.S. Department of Agriculture, 1320 Braddock Place, Alexandria, VA 22314, or telephone 703-305-2453.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P/>
                <P>These programs are located in the Assistance Listings under Nos. 10.555 and 10.558 and are subject to the provisions of Executive Order 12372, which requires intergovernmental consultation with State and local officials. (See 7 CFR part 3015, subpart V, and final rule related notice published at 48 FR 29114, June 24, 1983.)</P>
                <P>
                    This notice imposes no new reporting or recordkeeping provisions that are subject to Office of Management and Budget review in accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3507). This action is not a rule as defined by the Regulatory Flexibility Act (5 U.S.C. 601-612) and thus is exempt from the provisions of that Act. This notice was reviewed by the Office of Management and Budget under Executive Order 12866. Pursuant to the Congressional Review Act (5 U.S.C. 801 
                    <E T="03">et seq.</E>
                    ), the Office of Information and Regulatory Affairs designated this rule as not a major rule, as defined by 5 U.S.C. 804(2).
                </P>
                <HD SOURCE="HD1">National Average Minimum Value of Donated Foods for the Period July 1, 2026 Through June 30, 2027</HD>
                <P>This notice implements mandatory provisions of sections 6(c) and 17(h)(1)(B) of the Richard B. Russell National School Lunch Act (the Act) (42 U.S.C. 1755(c) and 1766(h)(1)(B)). Section 6(c)(1)(A) of the Act establishes the national average value of donated food assistance to be given to States for each lunch served in the NSLP at 11.00 cents per meal. Pursuant to section 6(c)(1)(B), this amount is subject to annual adjustments on July 1 of each year to reflect changes in a three-month average value of the Producer Price Index for Foods Used in Schools and Institutions for March, April, and May each year (Price Index). Section 17(h)(1)(B) of the Act provides that the same value of donated foods (or cash in lieu of donated foods) for school lunches shall also be established for lunches and suppers served in the CACFP. Notice is hereby given that the national average minimum value of donated foods, or cash in lieu thereof, per lunch under the NSLP (7 CFR part 210) and per lunch and supper under the CACFP (7 CFR part 226) shall be 32.00 cents for the period July 1, 2026 through June 30, 2027.</P>
                <P>
                    The Price Index is computed using five major food components in the Bureau of Labor Statistics Producer Price Index (cereal and bakery products; meats, poultry, and fish; dairy; processed fruits and vegetables; and fats and oils). Each component is weighted using the relative weight as determined by the Bureau of Labor Statistics. The value of food assistance is adjusted each July 1 by the annual percentage change in a three-month average value of the Price Index for March, April, and May each year. The three-month average of the Price Index increased by 4.65 percent from 267.65 for March, April, and May of 2025 as previously published in the 
                    <E T="04">Federal Register</E>
                    , to 280.09 for the same three months in 2026. When computed on the basis of unrounded data and rounded to the nearest one-quarter cent, the resulting national average for the period July 1, 2026 through June 30, 2027 will be 32.00 cents per meal. This is an increase of one and a half cents from the school year 2026 (July 1, 2025 through June 30, 2026) rate.
                    <PRTPAGE P="43080"/>
                </P>
                <P>
                    <E T="03">Authority:</E>
                     Sections 6(c)(1)(A) and (B), 6(e)(1), and 17(h)(1)(B) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1755(c)(1)(A) and (B) and (e)(1), and 1766(h)(1)(B)).
                </P>
                <SIG>
                    <NAME>Shiela Corley,</NAME>
                    <TITLE>Acting Administrator.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-14123 Filed 7-13-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 3410-30-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF AGRICULTURE</AGENCY>
                <SUBAGY>Foreign Agricultural Service</SUBAGY>
                <SUBJECT>Determination of Total Amounts of Fiscal Year 2027 WTO Tariff-Rate Quotas for Raw Cane Sugar and Certain Sugars, Syrups and Molasses</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Foreign Agricultural Service, U.S. Department of Agriculture.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Foreign Agricultural Service announces the establishment of the Fiscal Year (FY) 2027 (October 1, 2026-September 30, 2027) in-quota aggregate quantity of raw cane sugar at 1,117,195 metric tons raw value (MTRV), and the establishment of the FY 2027 in-quota aggregate quantity of certain sugars, syrups, and molasses (also referred to as refined sugar) at 22,000 MTRV.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>This notice is applicable on July 14, 2026.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Souleymane Diaby or Brian Sancewich, Multilateral Affairs Division, Trade Policy and Geographic Affairs, Foreign Agricultural Service, U.S. Department of Agriculture, Stop 1070, 1400 Independence Avenue SW, Washington, DC 20250-1070; by telephone (202) 720-2916 or (771) 221-5940; or by email 
                        <E T="03">Souleymane.Diaby@usda.gov</E>
                         or 
                        <E T="03">Brian.Sancewich@usda.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>The provisions of paragraph (a)(i) of the Additional U.S. Note 5, Chapter 17 in the U.S. Harmonized Tariff Schedule (HTS) authorize the Secretary to establish the in-quota tariff-rate quota (TRQ) amounts (expressed in terms of raw value) for imports of raw cane sugar and certain sugars, syrups, and molasses that may be entered under the subheadings of the HTS subject to the lower tier of duties during each fiscal year. The Office of the U.S. Trade Representative (USTR) is responsible for the allocation of these quantities among supplying countries and areas. Section 359k of the Agricultural Adjustment Act of 1938, as amended, requires that at the beginning of the quota year the Secretary of Agriculture establish the TRQs for raw cane sugar and refined sugars at the minimum levels necessary to comply with obligations under international trade agreements, with the exception of specialty sugar.</P>
                <P>The Secretary's authority under paragraph (a)(i) of the Additional U.S. Note 5, Chapter 17 in the HTS and Section 359k of the Agricultural Adjustment Act of 1938, as amended, has been delegated to the Under Secretary for Trade and Foreign Agricultural Affairs (7 CFR 2.15). The Under Secretary has subsequently delegated this authority to the Administrator, Foreign Agricultural Service (7 CFR 2.601).</P>
                <P>Notice is hereby given that I have determined, in accordance with paragraph (a)(i) of the Additional U.S. Note 5, Chapter 17 in the HTS and section 359k of the 1938 Act, that an aggregate quantity of up to 1,117,195 MTRV of raw cane sugar may be entered or withdrawn from warehouse for consumption during FY 2027. This is the minimum amount to which the United States is committed under the WTO Uruguay Round Agreements. The conversion factor is 1 metric ton raw value equals 1.10231125 short tons raw value. USTR will allocate these quantities among supplying countries and customs areas.</P>
                <P>I have further determined that an aggregate quantity of 22,000 MTRV of sugars, syrups, and molasses (refined sugar) may be entered or withdrawn from warehouse for consumption during FY 2027. This quantity includes the minimum amount to which the United States is committed under the WTO Uruguay Round Agreements, 22,000 MTRV, of which 20,344 MTRV is established for any sugars, syrups and molasses, and 1,656 MTRV is reserved for specialty sugar. No additional amount is added to the specialty sugar TRQ.</P>
                <P>The FY 2027 specialty sugar TRQ will be opened on a first-come, first-served basis on October 1, 2026.</P>
                <SIG>
                    <NAME>Daniel B. Whitley,</NAME>
                    <TITLE>Administrator, Foreign Agricultural Service.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-14096 Filed 7-13-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 3410-10-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">COMMISSION ON CIVIL RIGHTS</AGENCY>
                <SUBJECT>Notice of Public Meeting of the Montana Advisory Committee to the U.S. Commission on Civil Rights; Cancellation.</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>U.S. Commission on Civil Rights.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice; cancellation of briefing.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        The U.S. Commission on Civil Rights published a notice in the 
                        <E T="04">Federal Register</E>
                         concerning a briefing of the Montana Advisory Committee. The briefing scheduled for Thursday, July 16, 2026, at 3:00 p.m. Montana Time has been cancelled. The notice is in the 
                        <E T="04">Federal Register</E>
                         on Friday May 29, 2026, in FR Document Number 2026-10758 on pages 31998 and 31999.
                    </P>
                </SUM>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Ana Victoria Fortes, Designated Federal Officer, at 
                        <E T="03">afortes@usccr.gov</E>
                         or (202) 618-0857.
                    </P>
                    <SIG>
                        <DATED>Dated: July 9, 2026.</DATED>
                        <NAME>David Mussatt,</NAME>
                        <TITLE>Supervisory Chief, Regional Programs Unit.</TITLE>
                    </SIG>
                </FURINF>
            </PREAMB>
            <FRDOC>[FR Doc. 2026-14085 Filed 7-13-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE;P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">COMMISSION ON CIVIL RIGHTS</AGENCY>
                <SUBJECT>Notice of Public Meetings of the Michigan Advisory Committee to the U.S. Commission on Civil Rights</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>U.S. Commission on Civil Rights.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of virtual committee meetings.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>Notice is hereby given, pursuant to the provisions of the rules and regulations of the U.S. Commission on Civil Rights (Commission) and the Federal Advisory Committee Act, that the Michigan Advisory Committee (Committee) to the U.S. Commission on Civil Rights will hold public meetings via Zoom. The purpose of the first meeting is to begin to hear from experts on the committee's study topic of Artificial Intelligence and Civil Rights in Michigan, and continue briefing discussion and planning at the second meeting.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P/>
                </DATES>
                <HD SOURCE="HD1">Friday, August 14, 2026; 12:00 p.m.-2:00 p.m. ET: Briefing Panel 1</HD>
                <P>
                    <E T="03">Registration Link (Audio/Visual): https://www.zoomgov.com/webinar/register/WN_O0hC6JyXQw2-xDv2opr7Cg</E>
                    .
                </P>
                <P>
                    <E T="03">• Join by Phone (Audio Only):</E>
                     1-833-435-1820 USA Toll Free; Webinar ID: 165 929 5037.
                </P>
                <HD SOURCE="HD1">Tuesday, September 29, 2026; 11:30 a.m.-1:00 p.m. ET: Debrief &amp; Business Meeting</HD>
                <P>
                    <E T="03">Registration Link (Audio/Visual): https://www.zoomgov.com/webinar/register/WN__dXfbNhlQoqdR16fwiVRlw</E>
                    .
                </P>
                <P>
                    <E T="03">• Join by Phone (Audio Only):</E>
                     1-833-435-1820 USA Toll Free; Webinar ID: 165 534 7316.
                    <PRTPAGE P="43081"/>
                </P>
                <P>
                    <E T="03">Agendas: https://usccr.box.com/s/fxlqp60i9nb9byg3x9wtzsrc3ul49m9b (note: final meeting agendas will be available prior each date).</E>
                </P>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Mallory Trachtenberg, Designated Federal Officer, at 
                        <E T="03">mtrachtenberg@usccr.gov</E>
                         or 1-202-809-9618.
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    These Committee meetings are available to the public through the registration links above. Any interested members of the public may attend these meetings. Open comment periods for each meeting will be provided to allow members of the public to make oral comments as time allows. Pursuant to the Federal Advisory Committee Act, public minutes of meetings will include list of persons who are present at the meetings. If joining via phone, callers can expect to incur regular charges for calls they initiate over wireless lines, according to their wireless plan. The Commission will not refund any incurred charges. Callers will incur no charge for calls they initiate over land-line connections to the toll-free telephone number. Closed captioning is available by selecting “CC” in the meeting platforms. To request accommodations, please email 
                    <E T="03">ebohor@usccr.gov</E>
                     at least 10 business days prior to the meetings.
                </P>
                <P>
                    Members of the public are entitled to submit written comments; the comments must be received in the regional office within 30 days following scheduled meetings. Written comments may be submitted via: 
                    <E T="03">https://tinyurl.com/mvtxewfe.</E>
                     Persons who desire additional information may contact the Regional Programs Coordination Unit at 1-202-809-9618.
                </P>
                <P>
                    Records generated from meetings may be inspected and reproduced at the Regional Programs Coordination Unit Office, as they become available, both before and after each meeting. Records of the meetings will be available via the file sharing website, 
                    <E T="03">https://tinyurl.com/28867tbx.</E>
                     Persons interested in the work of this Committee are directed to the Commission's website, 
                    <E T="03">http://www.usccr.gov,</E>
                     or may contact the Regional Programs Coordination Unit at 
                    <E T="03">mtrachtenberg@usccr.gov.</E>
                </P>
                <SIG>
                    <DATED>Dated: July 10, 2026.</DATED>
                    <NAME>David Mussatt,</NAME>
                    <TITLE>Supervisory Chief, Regional Programs Unit.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-14144 Filed 7-13-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">COMMISSION ON CIVIL RIGHTS</AGENCY>
                <SUBJECT>Notice of Public Meetings of the Georgia Advisory Committee to the U.S. Commission on Civil Rights</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>U.S. Commission on Civil Rights.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of public meetings.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>Notice is hereby given, pursuant to the provisions of the rules and regulations of the U.S. Commission on Civil Rights (Commission) and the Federal Advisory Committee Act, that the Georgia Advisory Committee (Committee) to the U.S. Commission on Civil Rights will hold public meetings via Zoom. The purpose of the first meeting is to begin to hear expert testimony on the Committee's selected civil rights topic on school to prison pipeline in Georgia and continue briefing planning to hear further testimony at the second meeting.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P/>
                </DATES>
                <HD SOURCE="HD1">Wednesday, August 12, 2026; 12:00 p.m.-2:00 p.m. (ET): Briefing Panel 1</HD>
                <P>
                    Registration Link (Audio/Visual): 
                    <E T="03">https://www.zoomgov.com/webinar/register/WN_UwAR8qzCT8GP8NvGaJ49xA</E>
                    .
                </P>
                <P>
                    <E T="03">• Join by Phone (Audio Only):</E>
                     1-833-435-1820 USA Toll Free; Webinar ID: 165 816 8700 #.
                </P>
                <HD SOURCE="HD1">Thursday, September 17, 2026; 11:00 a.m.-12:30 p.m. (ET): Debrief &amp; Business Meeting</HD>
                <P>
                    Registration Link (Audio/Visual): 
                    <E T="03">https://www.zoomgov.com/webinar/register/WN_2KZKFdciQCm-JV3pIxEdKg</E>
                    .
                </P>
                <P>
                    <E T="03">• Join by Phone (Audio Only):</E>
                     1-833-435-1820 USA Toll Free; Webinar ID: 165 975 4844 #.
                </P>
                <P>
                    <E T="03">Agendas: https://usccr.box.com/s/wtnxj5u4y21oothm5he9wwfdhhrik3uh (note: final meeting agendas will be available prior each date).</E>
                </P>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Mallory Trachtenberg, Designated Federal Officer, at 
                        <E T="03">mtrachtenberg@usccr.gov</E>
                         or (202) 809-9618.
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    Committee meetings are available to the public through the registration links above. Any interested members of the public may attend committee meetings. Open comment periods will be provided at each meeting to allow members of the public to make oral statements as time allows. Pursuant to the Federal Advisory Committee Act, public minutes of meetings will include a list of persons who are present at meetings. If joining via phone, callers can expect to incur regular charges for calls they initiate over wireless lines, according to their wireless plan. The Commission will not refund any incurred charges. Callers will incur no charge for calls they initiate over land-line connections to the toll-free telephone number. Closed captioning is available by selecting “CC” in the meeting platform. To request accommodations, please email 
                    <E T="03">ebohor@usccr.gov</E>
                     at least 10 business days prior to the meetings.
                </P>
                <P>
                    Members of the public are entitled to submit written comments; the comments must be received in the regional office within 30 days following the scheduled meetings. Written comments may be submitted via the following form: 
                    <E T="03">https://wkf.ms/4wEILYL.</E>
                     Persons who desire additional information may contact the Regional Programs Coordination Unit at (202) 809-9618.
                </P>
                <P>
                    Records generated from meetings may be inspected and reproduced at the Regional Programs Coordination Unit Office, as they become available, both before and after meetings. Records of meetings will be available via the file sharing website, 
                    <E T="03">https://bit.ly/42t1cCA.</E>
                     Persons interested in the work of this Committee are directed to the Commission's website, 
                    <E T="03">http://www.usccr.gov,</E>
                     or may contact the Regional Programs Coordination Unit at 
                    <E T="03">mtrachtenberg@usccr.gov.</E>
                </P>
                <SIG>
                    <DATED>Dated: July 10, 2026.</DATED>
                    <NAME>David Mussatt,</NAME>
                    <TITLE>Supervisory Chief, Regional Programs Unit.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-14141 Filed 7-13-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">COMMISSION ON CIVIL RIGHTS</AGENCY>
                <SUBJECT>Notice of Public Meeting of the Virginia Advisory Committee to the U.S. Commission on Civil Rights</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>U.S. Commission on Civil Rights.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of virtual business meeting.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>Notice is hereby given, pursuant to the provisions of the rules and regulations of the U.S. Commission on Civil Rights (Commission) and the Federal Advisory Committee Act, that the Virginia Advisory Committee (Committee) to the U.S. Commission on Civil Rights will hold a public meeting via Zoom. The purpose of the meeting is to debrief panel 1 testimony and continue briefing planning on their topic of study, Compliance with Students for Fair Admissions at Virginia Public Universities.</P>
                </SUM>
                <DATES>
                    <PRTPAGE P="43082"/>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Wednesday, August 5, 2026, from 12:00 p.m.-1:00 p.m. Eastern Time.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>The meeting will be held via Zoom.</P>
                    <P>
                        <E T="03">Registration Link (Audio/Visual): https://www.zoomgov.com/webinar/register/WN_2tdC9FI_QoGATtn92P4NMg</E>
                    </P>
                    <P>
                        <E T="03">Join by Phone (Audio Only):</E>
                         1-833-435-1820 USA Toll Free; Webinar ID: 165 461 5832 #
                    </P>
                    <P>
                        <E T="03">Agenda: https://usccr.box.com/s/6f37l6j5z1wtciqzqi7g3s1la7zdze9f</E>
                          
                        <E T="03">(note: a final meeting agenda will be available prior to the meeting date).</E>
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Mallory Trachtenberg, Designated Federal Officer, at 
                        <E T="03">mtrachtenberg@usccr.gov</E>
                         or (202) 809-9618.
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    This Committee meeting is available to the public through the registration link above. Any interested members of the public may attend this meeting. An open comment period will be provided to allow members of the public to make oral comments as time allows. Pursuant to the Federal Advisory Committee Act, public minutes of the meeting will include a list of persons who are present at the meeting. If joining via phone, callers can expect to incur regular charges for calls they initiate over wireless lines, according to their wireless plan. The Commission will not refund any incurred charges. Callers will incur no charge for calls they initiate over land-line connections to the toll-free telephone number. Closed captioning is available by selecting “CC” in the meeting platform. To request accommodations, please email 
                    <E T="03">ebohor@usccr.gov</E>
                     at least 10 business days prior to the meeting.
                </P>
                <P>
                    Members of the public are entitled to submit written comments; the comments must be received in the regional office within 30 days following the scheduled meeting. Written comments may be emailed to Mallory Trachtenberg at 
                    <E T="03">https://tinyurl.com/4fjtwv3h.</E>
                     Persons who desire additional information may contact the Regional Programs Coordination Unit at (202) 809-9618.
                </P>
                <P>
                    Records generated from this meeting may be inspected and reproduced at the Regional Programs Coordination Unit Office, as they become available, both before and after the meeting. Records of the meetings will be available via the file sharing website, 
                    <E T="03">https://bit.ly/3ZzHlj5.</E>
                     Persons interested in the work of this Committee are directed to the Commission's website, 
                    <E T="03">http://www.usccr.gov,</E>
                     or may contact the Regional Programs Coordination Unit at 
                    <E T="03">mtrachtenberg@usccr.gov.</E>
                </P>
                <SIG>
                    <DATED>Dated: July 10, 2026.</DATED>
                    <NAME>David Mussatt,</NAME>
                    <TITLE>Supervisory Chief, Regional Programs Unit.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-14143 Filed 7-13-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF COMMERCE</AGENCY>
                <SUBAGY>International Trade Administration</SUBAGY>
                <DEPDOC>[C-533-896]</DEPDOC>
                <SUBJECT>Common Alloy Aluminum Sheet From India: Preliminary Results and Rescission, in Part, of Countervailing Duty Administrative Review; 2024</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Enforcement and Compliance, International Trade Administration, Department of Commerce.</P>
                </AGY>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The U.S. Department of Commerce (Commerce) preliminarily determines that countervailable subsidies were provided to producers and exporters of common alloy aluminum sheet (aluminum sheet) from India. The period of review (POR) is January 1, 2024, through December 31, 2024. In addition, Commerce is rescinding the review, in part, with respect to three companies. Interested parties are invited to comment on these preliminary results.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Applicable July 14, 2026.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Samuel Evans, AD/CVD Operations, Office IX, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-2420.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">Background</HD>
                <P>
                    On May 20, 2025, based on timely requests for review, in accordance with 19 CFR 351.221(c)(1)(i), we initiated an administrative review of the countervailing duty order on aluminum sheet from India.
                    <SU>1</SU>
                    <FTREF/>
                     On June 26, 2025, the petitioners 
                    <SU>2</SU>
                    <FTREF/>
                     timely withdrew their requests for review of Hindalco Industries Limited (Hindalco), Jindal Aluminum Limited (Jindal), and Virgo Aluminum Limited (Virgo).
                    <SU>3</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         
                        <E T="03">See Initiation of Antidumping and Countervailing Duty Administrative Reviews,</E>
                         90 FR 21459 (May 20, 2025); 
                        <E T="03">see also Common Alloy Aluminum Sheet from Bahrain, India, and the Republic of Turkey: Countervailing Duty Orders,</E>
                         86 FR 22144 (April 27, 2021) (
                        <E T="03">Order</E>
                        ).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         The petitioners are the Aluminum Association Common Alloy Aluminum Sheet Trade Enforcement Working Group and its individual members: Arconic, Inc.; Commonwealth Rolled Products; Constellium Rolled Products Ravenswood, LLC; JW Aluminum Company; and Texarkana Aluminum, Inc.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         
                        <E T="03">See</E>
                         Petitioner's Letter, “Partial Withdrawal of Request for Fourth Administrative Review,” dated June 26, 2025.
                    </P>
                </FTNT>
                <P>
                    Due to a lapse in appropriations and Federal Government shutdown, on November 14, 2025, Commerce tolled all deadlines in administrative proceedings by 47 days.
                    <SU>4</SU>
                    <FTREF/>
                     Due to a backlog of documents that were electronically filed via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS) during the Federal Government shutdown, on November 24, 2025, Commerce tolled all deadlines in administrative proceedings by an additional 21 days.
                    <SU>5</SU>
                    <FTREF/>
                     Additionally, on March 3, 2026, we extended the deadline for the preliminary results until June 30, 2026.
                    <SU>6</SU>
                    <FTREF/>
                     On June 29, 2026, we extended the deadline for the preliminary results until July 7, 2026.
                    <SU>7</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         
                        <E T="03">See</E>
                         Memorandum, “Deadlines Affected by the Shutdown of the Federal Government,” dated November 14, 2025.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         
                        <E T="03">See</E>
                         Memorandum, “Tolling of all Case Deadlines,” dated November 24, 2025.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>6</SU>
                         
                        <E T="03">See</E>
                         Memorandum, “Extension of Deadline for Preliminary Results of 2024 Countervailing Duty Administrative Review,” dated March 3, 2026.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>7</SU>
                         
                        <E T="03">See</E>
                         Memorandum, “Extension of Deadline for Preliminary Results of 2024 Countervailing Duty Administrative Review,” dated June 29, 2026.
                    </P>
                </FTNT>
                <P>
                    For a complete description of the events that followed the initiation of this review, 
                    <E T="03">see</E>
                     the Preliminary Decision Memorandum.
                    <SU>8</SU>
                    <FTREF/>
                     A list of topics discussed in the Preliminary Decision Memorandum is included in an appendix to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via ACCESS. ACCESS is available to registered users at 
                    <E T="03">https://access.trade.gov.</E>
                     In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at 
                    <E T="03">https://access.trade.gov/frnotices.</E>
                </P>
                <FTNT>
                    <P>
                        <SU>8</SU>
                         
                        <E T="03">See</E>
                         Memorandum, “Decision Memorandum for the Preliminary Determination of the Countervailing Duty Investigation of Common Alloy Aluminum Sheet from India; 2024,” dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum).
                    </P>
                </FTNT>
                <HD SOURCE="HD1">Scope of the Order</HD>
                <P>
                    The merchandise covered by this 
                    <E T="03">Order</E>
                     is aluminum sheet from India. For a complete description of the scope of the 
                    <E T="03">Order, see</E>
                     the Preliminary Decision Memorandum.
                </P>
                <HD SOURCE="HD1">Rescission of Administrative Review, in Part</HD>
                <P>
                    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an administrative review, in whole or in part, if the party that requested a review 
                    <PRTPAGE P="43083"/>
                    withdraws the request within 90 days of the date of the publication of the notice of initiation. As noted above, Commerce received timely-filed withdrawal requests with respect to Hindalco, Jindal, and Virgo and no other parties requested a review of these companies. Therefore, we are rescinding this administrative review with respect to Hindalco, Jindal, and Virgo, pursuant to 19 CFR 351.213(d)(1).
                </P>
                <HD SOURCE="HD1">Methodology</HD>
                <P>
                    Commerce is conducting this review in accordance with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each of the subsidy programs found countervailable, Commerce preliminarily determines that there is a subsidy, 
                    <E T="03">i.e.,</E>
                     a financial contribution by an “authority” that gives rise to a benefit to the recipient, and that the subsidy is specific.
                    <SU>9</SU>
                    <FTREF/>
                     For a full description of the methodology underlying our preliminary conclusions, 
                    <E T="03">see</E>
                     the Preliminary Decision Memorandum.
                </P>
                <FTNT>
                    <P>
                        <SU>9</SU>
                         
                        <E T="03">See</E>
                         sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity.
                    </P>
                </FTNT>
                <HD SOURCE="HD1">Preliminary Results of Review</HD>
                <P>As a result of this review, we preliminarily determine the following net countervailable subsidy rate exists for the period January 1, 2024, through December 31, 2024:</P>
                <GPOTABLE COLS="2" OPTS="L2,tp0,i1" CDEF="s50,12">
                    <TTITLE> </TTITLE>
                    <BOXHD>
                        <CHED H="1">Company</CHED>
                        <CHED H="1">
                            Subsidy rate 2024
                            <LI>
                                (percent 
                                <E T="03">ad valorem</E>
                                )
                            </LI>
                        </CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">Manaksia Aluminium Company Limited</ENT>
                        <ENT>7.62</ENT>
                    </ROW>
                </GPOTABLE>
                <HD SOURCE="HD1">Disclosure</HD>
                <P>
                    Commerce intends to disclose its calculations performed to interested parties for these preliminary results within 10 days of any public announcement or, if there is no public announcement, within five days of the date of publication of this notice in the 
                    <E T="04">Federal Register</E>
                     in accordance with 19 CFR 351.224(b).
                </P>
                <HD SOURCE="HD1">Verification</HD>
                <P>
                    On August 20, 2025, the petitioners requested that Commerce conduct verification of MALCO's responses.
                    <SU>10</SU>
                    <FTREF/>
                     Accordingly, in May 2026, as provided in section 782(i)(3) of the Act, we verified MALCO's information relied upon for the preliminary results of this review.
                    <SU>11</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>10</SU>
                         
                        <E T="03">See</E>
                         Petitioner's Letter, “Petitioners' Request to Conduct In-Person Verification of MALCO,” dated August 20, 2025.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>11</SU>
                         
                        <E T="03">See</E>
                         Memorandum, “Verification of the Questionnaire Responses of Manaksia Aluminium Company Limited,” dated June 25, 2026.
                    </P>
                </FTNT>
                <HD SOURCE="HD1">Public Comment</HD>
                <P>
                    Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than seven days after the date on which Commerce issues its post-preliminary analysis in this administrative review. Rebuttal briefs, limited to issues raised in the case briefs, may be filed no later than five days after the date for filing case briefs.
                    <SU>12</SU>
                    <FTREF/>
                     Interested parties who submit case or rebuttal briefs in this proceeding must submit: (1) a table of contents listing each issue; and (2) a table of authorities.
                    <SU>13</SU>
                    <FTREF/>
                     All briefs must be filed electronically using ACCESS. An electronically-filed document must be received successfully in its entirety by ACCESS by 5:00 p.m. Eastern Time on the established deadline.
                </P>
                <FTNT>
                    <P>
                        <SU>12</SU>
                         
                        <E T="03">See</E>
                         19 CFR 351.309(d); 
                        <E T="03">see also Administrative Protective Order, Service, and Other Procedures in Antidumping and Countervailing Duty Proceedings,</E>
                         88 FR 67069, 67077 (September 29, 2023) (
                        <E T="03">APO and Final Service Rule</E>
                        ).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>13</SU>
                         
                        <E T="03">See</E>
                         19 CFR 351.309(c)(2) and (d)(2).
                    </P>
                </FTNT>
                <P>
                    As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior proceedings we have encouraged interested parties to provide an executive summary of their brief that should be limited to five pages total, including footnotes.
                    <SU>14</SU>
                    <FTREF/>
                     Further, we request that interested parties limit their public executive summary of each issue to no more than 450 words, not including citations. We intend to use the public executive summaries as the basis of the comment summaries included in the issues and decision memorandum that will accompany the final results in this administrative review. We request that interested parties include footnotes for relevant citations in the public executive summary of each issue. Note that Commerce has amended certain of its requirements pertaining to the service of documents in 19 CFR 351.303(f).
                    <SU>15</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>14</SU>
                         We use the term “issue” here to describe an argument that Commerce would normally address in a comment of the Issues and Decision Memorandum.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>15</SU>
                         
                        <E T="03">See Administrative Protective Order, Service, and Other Procedures in Antidumping and Countervailing Duty Proceedings; Final Rule,</E>
                         88 FR 67069 (September 29, 2023).
                    </P>
                </FTNT>
                <P>
                    Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance, filed electronically via ACCESS by 5:00 p.m. Eastern Time within 30 days after the date of publication of this notice. Requests should contain: (1) the party's name, address, and telephone number; (2) the number of participants; and (3) a list of issues to be discussed. Oral presentations at the hearing will be limited to issues raised in the case briefs. If a request for a hearing is made, Commerce will inform parties of the scheduled date for the hearing.
                    <SU>16</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>16</SU>
                         
                        <E T="03">See</E>
                         19 CFR 351.310(d).
                    </P>
                </FTNT>
                <HD SOURCE="HD1">Assessment Rates</HD>
                <P>Consistent with section 751(a)(1) of the Act and 19 CFR 351.212(b)(2), upon issuance of the final results, Commerce shall determine, and CBP shall assess, countervailing duties on all appropriate entries covered by this review.</P>
                <P>
                    For the companies listed above for which the review is being rescinded, Commerce will instruct CBP to assess countervailing duties on all appropriate entries at a rate equal to the cash deposit of estimated countervailing duties required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(l)(i). Commerce intends to issue these rescission instructions to CBP no earlier than 35 days after the date of publication of this notice in the 
                    <E T="04">Federal Register</E>
                    .
                </P>
                <P>
                    Commerce intends to issue assessment instructions to CBP regarding MALCO no earlier than 35 days after the date of publication of the final results of this review in the 
                    <E T="04">Federal Register</E>
                    . If a timely summons is filed at the U.S. Court of International Trade, the assessment instructions will direct CBP not to liquidate relevant entries until the time for parties to file a request for a statutory injunction has expired (
                    <E T="03">i.e.,</E>
                     within 90 days of publication).
                </P>
                <HD SOURCE="HD1">Cash Deposit Requirements</HD>
                <P>
                    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.107(e), Commerce intends to instruct CBP to collect cash deposits of estimated countervailing duties with regard to shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this review, as follows: (1) the cash deposit rate for the company listed above will be equal to the company-specific estimated individual countervailable subsidy rate determined in the final results of this review, except if the rate is less than 0.50 percent and, therefore, 
                    <E T="03">de minimis</E>
                     within the meaning of 19 CFR 351.106(c)(1), in which case the cash deposit rate will be zero; (2) if both the producer and exporter of the subject 
                    <PRTPAGE P="43084"/>
                    merchandise have company-specific estimated subsidy rates assigned, and their rates differ, then the applicable cash deposit rate will be the higher of these two rates; (3) if either the producer or the exporter, but not both, of the subject merchandise has a company-specific estimated subsidy rate assigned, the applicable cash deposit rate will be that company's company-specific rate; and (4) the cash deposit rate for all other producers and exporters will be continue to be 30.15 percent, the all-others subsidy rate established in the investigation.
                    <SU>17</SU>
                    <FTREF/>
                     These cash deposit instructions, when imposed, shall remain in effect until further notice.
                </P>
                <FTNT>
                    <P>
                        <SU>17</SU>
                         
                        <E T="03">See Order,</E>
                         86 FR at 22145.
                    </P>
                </FTNT>
                <HD SOURCE="HD1">Final Results</HD>
                <P>
                    Unless extended, Commerce intends to issue the final results of this administrative review, which will include the results of Commerce's analysis of the issues raised in the case briefs, within 120 days of publication of these preliminary results in the 
                    <E T="04">Federal Register</E>
                    , pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h).
                </P>
                <HD SOURCE="HD1">Notification to Interested Parties</HD>
                <P>We are issuing and publishing these preliminary results in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).</P>
                <SIG>
                    <DATED>Dated: July 7, 2026.</DATED>
                    <NAME>Christopher Abbott,</NAME>
                    <TITLE>Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance.</TITLE>
                </SIG>
                <HD SOURCE="HD1">Appendix</HD>
                <EXTRACT>
                    <HD SOURCE="HD1">List of Topics Discussed in the Preliminary Decision Memorandum</HD>
                    <FP SOURCE="FP-1">I. Summary</FP>
                    <FP SOURCE="FP-1">II. Background</FP>
                    <FP SOURCE="FP-1">III. Scope of the Order</FP>
                    <FP SOURCE="FP-1">IV. Subsidies Valuation</FP>
                    <FP SOURCE="FP-1">V. Benchmarks and Discount Rates</FP>
                    <FP SOURCE="FP-1">VI. Use of Facts Otherwise Available and Adverse Inferences</FP>
                    <FP SOURCE="FP-1">VII. Analysis of Programs</FP>
                    <FP SOURCE="FP-1">VIII. Recommendation</FP>
                </EXTRACT>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-14138 Filed 7-13-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 3510-DS-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
                <SUBAGY>International Trade Administration</SUBAGY>
                <DEPDOC>[A-570-223]</DEPDOC>
                <SUBJECT>Truck Bed Covers From The People's Republic of China: Postponement of Preliminary Determination in the Less-Than-Fair-Value Investigation</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Enforcement and Compliance, International Trade Administration, Department of Commerce.</P>
                </AGY>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Applicable July 14, 2026.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Christopher Maciuba or Jerry Xiao at (202) 482-0413 or (202) 482-2273, respectively, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">Background</HD>
                <P>
                    On March 17, 2026, the U.S. Department of Commerce (Commerce) initiated a less-than-fair-value (LTFV) investigation of imports of truck bed covers from the People's Republic of China.
                    <SU>1</SU>
                    <FTREF/>
                     Currently, the preliminary determination is due no later than August 4, 2026.
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         
                        <E T="03">See Truck Bed Covers from the People's Republic of China: Initiation of a Less-Than-Fair-Value Investigation,</E>
                         91 FR 13568 (March 20, 2026) (
                        <E T="03">Initiation Notice</E>
                        ).
                    </P>
                </FTNT>
                <HD SOURCE="HD1">Postponement of Preliminary Determination</HD>
                <P>Section 733(b)(l)(A) of the Tariff Act of 1930, as amended (the Act), requires Commerce to issue the preliminary determination in a LTFV investigation within 140 days after the date on which Commerce initiated the investigation. However, if Commerce concludes that the parties concerned in the investigations are cooperating and determines that the investigation is extraordinarily complicated, sections 733(c)(1)(B)(i) and (ii) of the Act allows Commerce to postpone the preliminary determination until no later than 190 days after the date on which Commerce initiated the investigation.</P>
                <P>
                    Commerce has determined that the parties involved in the proceeding are cooperating and that the investigation is extraordinarily complicated.
                    <SU>2</SU>
                    <FTREF/>
                     Specifically, Commerce requires additional time to analyze the separate rate applications, analyze the questionnaire responses, and issue appropriate requests for clarification and additional information. Therefore, in accordance with section 733(c)(1)(B) of the Act, Commerceis postponing the deadline for issuing the preliminary determination of this investigation by 50 days.
                </P>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         
                        <E T="03">See</E>
                         section 733(c)(1)(B) of the Act.
                    </P>
                </FTNT>
                <P>As a result, Commerce will issue its preliminary determination no later than September 23, 2026. Pursuant to section 735(a)(l) of the Act and 19 CFR 351.210(b)(1), the deadline for the final determinations will continue to be 75 days after the date of the preliminary determinations, unless postponed at a later date.</P>
                <P>This notice is issued and published pursuant to section 733(c)(2) of the Act and 19 CFR 351.205(f)(1).</P>
                <SIG>
                    <DATED> Dated: July 8, 2026.</DATED>
                    <NAME>Christopher Abbott,</NAME>
                    <TITLE>Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-14097 Filed 7-13-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 3510-DS-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
                <SUBAGY>International Trade Administration</SUBAGY>
                <DEPDOC>[A-523-808]</DEPDOC>
                <SUBJECT>Certain Steel Nails From the Sultanate of Oman: Final Results of Antidumping Duty Administrative Review; 2023-2024</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Enforcement and Compliance, International Trade Administration, Department of Commerce.</P>
                </AGY>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The U.S. Department of Commerce (Commerce) determines that Oman Fasteners, LLC (Oman Fasteners), the sole producer and exporter subject to this administrative review, did not make sales of certain steel nails (steel nails) from the Sultanate of Oman (Oman) in the United States at prices below normal value (NV) during the period of review (POR), July 1, 2023, through June 30, 2024.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Applicable July 14, 2026.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Catherine Bonilla, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-7955.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">Background</HD>
                <P>
                    On January 9, 2026, Commerce published the 
                    <E T="03">Preliminary Results</E>
                     of this administrative review and we invited interested parties to comment.
                    <FTREF/>
                    <SU>1</SU>
                      
                    <PRTPAGE P="43085"/>
                    A summary of the events that occurred since Commerce published the 
                    <E T="03">Preliminary Results,</E>
                     as well as a full discussion of the issues raised by parties for these final results, are discussed in the Issues and Decision Memorandum.
                    <SU>2</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         
                        <E T="03">
                            See Certain Steel Nails from the Sultanate of Oman: Preliminary Results and Rescission, in Part, 
                            <PRTPAGE/>
                            of Antidumping Duty Administrative Review; 2023-2024,
                        </E>
                         91 FR 964 (January 9, 2026) (
                        <E T="03">Preliminary Results</E>
                        ), and accompanying Preliminary Decision Memorandum (PDM).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         
                        <E T="03">See</E>
                         Memorandum, “Issues and Decision Memorandum for the Final Results of the Administrative Review of the Antidumping Duty Order on Certain Steel Nails from the Sultanate of Oman; 2023-2024,” dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum).
                    </P>
                </FTNT>
                <P>
                    The Issues and Decision Memorandum is a public document and is on-file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS), which is available to registered users at 
                    <E T="03">https://access.trade.gov.</E>
                     In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at 
                    <E T="03">https://access.trade.gov/frnotices.</E>
                </P>
                <HD SOURCE="HD1">
                    Scope of the Order 
                    <SU>3</SU>
                    <FTREF/>
                </HD>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         
                        <E T="03">See Certain Steel Nails from the Republic of Korea, Malaysia, the Sultanate of Oman, Taiwan, and the Socialist Republic of Vietnam: Antidumping Duty Orders,</E>
                         80 FR 39994 (July 13, 2015) (
                        <E T="03">Order</E>
                        ).
                    </P>
                </FTNT>
                <P>
                    The product covered by this 
                    <E T="03">Order</E>
                     is steel nails from Oman. For a complete description of the scope of the 
                    <E T="03">Order, see</E>
                     the Issues and Decision Memorandum.
                </P>
                <HD SOURCE="HD1">Analysis of Comments Received</HD>
                <P>All issues raised in the parties' case and rebuttal briefs are addressed in the Issues and Decision Memorandum and are listed in the appendix to this notice.</P>
                <HD SOURCE="HD1">Changes Since the Preliminary Results</HD>
                <P>
                    Based on comments received from interested parties regarding our 
                    <E T="03">Preliminary Results</E>
                     and our review of the record, we made changes to the preliminary weighted-average dumping margin calculations for Oman Fasteners, as detailed in the Issues and Decision Memorandum.
                    <SU>4</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         
                        <E T="03">See</E>
                         Issues and Decision Memorandum.
                    </P>
                </FTNT>
                <HD SOURCE="HD1">Final Results of Review</HD>
                <P>As a result of this review, we determine the following estimated weighted-average dumping margin exists for the POR:</P>
                <GPOTABLE COLS="2" OPTS="L2,nj,tp0,i1" CDEF="s35,16">
                    <TTITLE> </TTITLE>
                    <BOXHD>
                        <CHED H="1">Exporter or producer</CHED>
                        <CHED H="1">
                            Weighted-average 
                            <LI>dumping margin </LI>
                            <LI>(percent)</LI>
                        </CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">Oman Fasteners, LLC</ENT>
                        <ENT>0.00</ENT>
                    </ROW>
                </GPOTABLE>
                <HD SOURCE="HD1">Disclosure</HD>
                <P>
                    Commerce intends to disclose the calculations and analysis performed for these final results to interested parties within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of this notice in the 
                    <E T="04">Federal Register</E>
                    , in accordance with 19 CFR 351.224(b).
                </P>
                <HD SOURCE="HD1">Assessment Rates</HD>
                <P>
                    Commerce has determined, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with these final results of review.
                    <SU>5</SU>
                    <FTREF/>
                     Pursuant to 19 CFR 351.212(b)(1), we calculated importer-specific 
                    <E T="03">ad valorem</E>
                     duty assessment rates based on the ratio of the total amount of dumping calculated for the examined sales to the total entered value of the sales for which entered value was reported. Where the respondent's weighted-average dumping margin is zero or 
                    <E T="03">de minimis</E>
                     within the meaning of 19 CFR 351.106(c)(1), or an importer-specific assessment rate is zero or 
                    <E T="03">de minimis,</E>
                     we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties.
                </P>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         
                        <E T="03">See</E>
                         19 CFR 351.212(b).
                    </P>
                </FTNT>
                <P>
                    Commerce's “automatic assessment” practice will apply to entries of subject merchandise during the POR produced by companies included in these final results of review for which the reviewed companies did not know that the merchandise it sold to the intermediary (
                    <E T="03">e.g.,</E>
                     a reseller, trading company, or exporter) was destined for the United States. In such instances, we will instruct CBP to liquidate unreviewed entries at the all-others rate if there is no rate for the intermediate company(ies) involved in the transaction.
                    <SU>6</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>6</SU>
                         For a full discussion of this practice, 
                        <E T="03">see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties,</E>
                         68 FR 23954 (May 6, 2003).
                    </P>
                </FTNT>
                <P>
                    Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of publication of the final results of this review in the 
                    <E T="04">Federal Register</E>
                    . If a timely summons is filed at the U.S. Court of International Trade, the assessment instructions will direct CBP not to liquidate relevant entries until the time for parties to file a request for a statutory injunction has expired (
                    <E T="03">i.e.,</E>
                     within 90 days of publication).
                </P>
                <HD SOURCE="HD1">Cash Deposit Requirements</HD>
                <P>
                    The following deposit requirements will be effective for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of this administrative review, as provided by section 751(a)(2)(C) of the of the Tariff Act of 1930, as amended (Act): (1) the cash deposit rate for the companies listed above will be equal to the weighted-average dumping margin that is established in the “Final Results of Review”; (2) for previously investigated or reviewed companies not subject to this review, the cash deposit rate will continue to be the company-specific rate published for the most recently completed segment of this proceeding in which the company participated; (3) if the exporter is not a firm covered in this review, a prior review, or the original less-than-fair-value (LTFV) investigation, but the producer is, the cash deposit rate will be the rate established for the most recently completed segment of the proceeding for the producer of the merchandise; and (4) the cash deposit rate for all other producers and exporters will continue to be 9.10 percent 
                    <E T="03">ad valorem,</E>
                     the all-others rate established in the LTFV investigation.
                    <SU>7</SU>
                    <FTREF/>
                     These cash deposit requirements, when imposed, shall remain in effect until further notice.
                </P>
                <FTNT>
                    <P>
                        <SU>7</SU>
                         
                        <E T="03">See Order.</E>
                    </P>
                </FTNT>
                <HD SOURCE="HD1">Notification to Importers Regarding the Reimbursement of Duties</HD>
                <P>This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during the POR. Failure to comply with this requirement could result in Commerce's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties.</P>
                <HD SOURCE="HD1">Administrative Protective Order</HD>
                <P>
                    This notice also serves as a reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation.
                    <PRTPAGE P="43086"/>
                </P>
                <HD SOURCE="HD1">Notification to Interested Parties</HD>
                <P>We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5) and 19 CFR 351.213(h)(1).</P>
                <SIG>
                    <DATED>Dated: July 8, 2026.</DATED>
                    <NAME>Christopher Abbott,</NAME>
                    <TITLE>Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance.</TITLE>
                </SIG>
                <APPENDIX>
                    <HD SOURCE="HED">Appendix</HD>
                    <HD SOURCE="HD1">List of Topics Discussed in the Issues and Decision Memorandum</HD>
                    <FP SOURCE="FP-2">I. Summary</FP>
                    <FP SOURCE="FP-2">II. Background</FP>
                    <FP SOURCE="FP-2">
                        III. Scope of the 
                        <E T="03">Order</E>
                    </FP>
                    <FP SOURCE="FP-2">
                        IV. Changes Since the 
                        <E T="03">Preliminary Results</E>
                    </FP>
                    <FP SOURCE="FP-2">V. Discussion of the Issues</FP>
                    <FP SOURCE="FP1-2">Comment 1: Whether Amatei's Financial Statements Satisfy All Four Regulatory Criteria for Constructed Value (CV) Profit and Indirect Selling Expenses (ISEs)</FP>
                    <FP SOURCE="FP1-2">Comment 2: Whether San Shing's Financial Statements Satisfy All Four Regulatory Criteria for CV Profit and ISE</FP>
                    <FP SOURCE="FP1-2">Comment 3: Whether Amatei's Status as a Reseller Disqualifies Its Financial Statements as the Best Available Information</FP>
                    <FP SOURCE="FP1-2">Comment 4: Whether Amatei's Purchase of Raw Materials From Affiliated Parties Renders Its Financial Statements Unreliable</FP>
                    <FP SOURCE="FP1-2">Comment 5: Commerce's Justification for Using a Combination of Amatei's and San Shing's Financial Statements To Calculate CV and ISE</FP>
                    <FP SOURCE="FP1-2">Comment 6: Whether To Continue To Disregard Other Financial Statements Submitted by Oman Fasteners as Sources for Valuing CV Profit and ISE</FP>
                    <FP SOURCE="FP-2">VI. Recommendation</FP>
                </APPENDIX>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-14145 Filed 7-13-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 3510-DS-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
                <SUBAGY>International Trade Administration</SUBAGY>
                <DEPDOC>[A-583-848]</DEPDOC>
                <SUBJECT>Stilbenic Optical Brightening Agents From Taiwan: Preliminary Affirmative Determination of Antidumping Duty Administrative Review; 2024-2025</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Enforcement and Compliance, International Trade Administration, Department of Commerce.</P>
                </AGY>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The U.S. Department of Commerce (Commerce) preliminarily determines that Teh Fong Min International Co., Ltd., also known as Teh Fong Ming International Co., Ltd. (collectively, TFM), the sole producer and/or exporter subject to this administrative review, made sales of stilbenic optical brightening agents (stilbenic OBAs) at less than normal value (NV) during the period of review (POR), May 1, 2024 through April 30, 2025. Interested parties are invited to comment on these preliminary results.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Applicable July 14, 2026.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Jack Vachon, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-3572.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">Background</HD>
                <P>
                    On May 10, 2012, we published the antidumping duty order on stilbenic OBAs from Taiwan in the 
                    <E T="04">Federal Register</E>
                    .
                    <SU>1</SU>
                    <FTREF/>
                     On June 25, 2025, based on timely requests for an administrative review, in accordance with 19 CFR 351.221(c)(1)(i), we initiated this administrative review of the 
                    <E T="03">Order</E>
                     with respect to TFM.
                    <SU>2</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         
                        <E T="03">See Certain Stilbenic Optical Brightening Agents from Taiwan: Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order,</E>
                         77 FR 27419 (May 10, 2012) (
                        <E T="03">Order</E>
                        ).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         
                        <E T="03">See Initiation of Antidumping and Countervailing Duty Administrative Reviews,</E>
                         90 FR 26967 (June 25, 2025).
                    </P>
                </FTNT>
                <P>
                    Due to the lapse in appropriations and Federal Government shutdown, on November 14, 2025, Commerce tolled all deadlines in administrative proceedings by 47 days.
                    <SU>3</SU>
                    <FTREF/>
                     Additionally, due to a backlog of documents that were electronically filed via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS) during the Federal Government shutdown, on November 24, 2025, Commerce tolled all deadlines in administrative proceedings by an additional 21 days.
                    <SU>4</SU>
                    <FTREF/>
                     On March 12 and June 3, 2026, Commerce extended the deadline for the preliminary results by 60 days and 30 days, respectively.
                    <SU>5</SU>
                    <FTREF/>
                     Accordingly, the deadline for these preliminary results is now July 8, 2026.
                </P>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         
                        <E T="03">See</E>
                         Memorandum, “Deadlines Affected by the Shutdown of the Federal Government,” dated November 14, 2025.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         
                        <E T="03">See</E>
                         Memorandum, “Tolling of all Case Deadlines,” dated November 24, 2025.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         
                        <E T="03">See</E>
                         Memorandum, “Extension of Deadline for Preliminary Results of Antidumping Duty Administrative Review,” dated March 12, 2026; 
                        <E T="03">see also</E>
                         Memorandum, “Extension of Deadline for Preliminary Results of Antidumping Duty Administrative Review,” dated June 3, 2026.
                    </P>
                </FTNT>
                <P>
                    For a complete description of the events that followed the initiation of this review, 
                    <E T="03">see</E>
                     the Preliminary Decision Memorandum.
                    <SU>6</SU>
                    <FTREF/>
                     A list of the topics discussed in the Preliminary Decision Memorandum is attached as an appendix to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via ACCESS, which is available to registered users at 
                    <E T="03">https://access.trade.gov.</E>
                     In addition, a complete version of the Preliminary Decision Memorandum is available at 
                    <E T="03">https://access.trade.gov/frnotices.</E>
                </P>
                <FTNT>
                    <P>
                        <SU>6</SU>
                         
                        <E T="03">See</E>
                         Memorandum, “Decision Memorandum for the Preliminary Results of Antidumping Duty Administrative Review of Certain Stilbenic Optical Brightening Agents from Taiwan; 2024-2025,” dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum).
                    </P>
                </FTNT>
                <HD SOURCE="HD1">Scope of the Order</HD>
                <P>
                    The products covered by the 
                    <E T="03">Order</E>
                     are stilbenic OBAs from Taiwan. For a complete description of the scope of the 
                    <E T="03">Order, see</E>
                     the Preliminary Decision Memorandum.
                </P>
                <HD SOURCE="HD1">Methodology</HD>
                <P>
                    Commerce is conducting this review in accordance with sections 751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act). Export price and constructed export price are calculated in accordance with section 772 of the Act. NV is calculated in accordance with section 773 of the Act. For a full description of the methodology underlying these preliminary results, 
                    <E T="03">see</E>
                     the Preliminary Decision Memorandum.
                </P>
                <HD SOURCE="HD1">Preliminary Results of Review</HD>
                <P>
                    As a result of this review, we preliminarily determine that the following weighted-average dumping margin exists for the POR May 1, 2024, through April 30, 2025:
                    <PRTPAGE P="43087"/>
                </P>
                <GPOTABLE COLS="2" OPTS="L2,nj,tp0,i1" CDEF="s200,r25">
                    <TTITLE> </TTITLE>
                    <BOXHD>
                        <CHED H="1">Producer and/or exporter</CHED>
                        <CHED H="1">
                            Weighted-average
                            <LI>dumping margin</LI>
                            <LI>(percent)</LI>
                        </CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">Teh Fong Min International Co., Ltd/Teh Fong Ming International Co., Ltd.</ENT>
                        <ENT>1.96</ENT>
                    </ROW>
                </GPOTABLE>
                <HD SOURCE="HD1">Disclosure</HD>
                <P>
                    Commerce intends to disclose the calculations and analysis performed to interested parties for these preliminary results within 10 days after public announcement, or if there is no public announcement, within five days of the date of publication of this notice in the 
                    <E T="04">Federal Register</E>
                     in accordance with 19 CFR 351.224(b).
                </P>
                <HD SOURCE="HD1">Public Comment</HD>
                <P>
                    Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance. Pursuant to 19 CFR 351.309(c)(1)(ii), we have modified the deadline for interested parties to submit case briefs to Commerce to no later than 21 days after the date of the publication of this notice.
                    <SU>7</SU>
                    <FTREF/>
                     Rebuttal briefs, limited to issues raised in the case briefs, may be filed not later than five days after the date for filing case briefs.
                    <SU>8</SU>
                    <FTREF/>
                     Interested parties who submit case or rebuttal briefs in this proceeding must submit: (1) a table of contents listing each issue; and (2) a table of authorities.
                    <SU>9</SU>
                    <FTREF/>
                     All briefs must be filed electronically using ACCESS. An electronically filed document must be received successfully in its entirety in ACCESS by 5:00 p.m. Eastern Time on the established deadline.
                </P>
                <FTNT>
                    <P>
                        <SU>7</SU>
                         
                        <E T="03">See</E>
                         19 CFR 351.309.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>8</SU>
                         
                        <E T="03">See</E>
                         19 CFR 351.309(d); 
                        <E T="03">see also Administrative Protective Order, Service, and Other Procedures in Antidumping and Countervailing Duty Proceedings,</E>
                         88 FR 67069, 67077 (September 29, 2023) (
                        <E T="03">APO and Service Procedures</E>
                        ).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>9</SU>
                         
                        <E T="03">See</E>
                         19 CFR 351.309(c)(2) and (d)(2).
                    </P>
                </FTNT>
                <P>
                    As provided under 19 CFR 351.309(c)(2)(iii) and (d)(2)(iii), we request that interested parties provide at the beginning of their briefs a public executive summary for each issue raised in their briefs.
                    <SU>10</SU>
                    <FTREF/>
                     Further, we request that interested parties limit their public executive summary of each issue to no more than 450 words, not including citations. We intend to use the public executive summaries as the basis of the comment summaries included in the issues and decision memorandum that will accompany the final results in this administrative review. We request that interested parties include footnotes for relevant citations in the executive summary of each issue. Note that Commerce has amended certain requirements pertaining to the service of documents in 19 CFR 351.303(f).
                    <SU>11</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>10</SU>
                         We use the term “issue” here to describe an argument that Commerce would normally address in a comment of the Issues and Decision Memorandum.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>11</SU>
                         
                        <E T="03">See APO and Service Final Rule.</E>
                    </P>
                </FTNT>
                <P>
                    Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, must submit a written request to the Assistant Secretary for Enforcement and Compliance, filed electronically via ACCESS by 5:00 p.m. Eastern Time within 30 days after the date of publication of this notice. Requests should contain: (1) the party's name, address, and telephone number; (2) the number of participants, and whether any participant is a foreign national; and (3) a list of the issues to be discussed. Oral presentations at the hearing will be limited to issues raised in the briefs. If a request for a hearing is made, Commerce will inform parties of the scheduled date for the hearing.
                    <SU>12</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>12</SU>
                         
                        <E T="03">See</E>
                         19 CFR 351.310(d).
                    </P>
                </FTNT>
                <HD SOURCE="HD1">Final Results of Review</HD>
                <P>
                    Commerce intends to issue the final results of this administrative review, including the results of its analysis of the issues raised in any written briefs, no later than 120 days after the date of publication of these preliminary results in the 
                    <E T="04">Federal Register</E>
                    , unless extended, pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).
                </P>
                <HD SOURCE="HD1">Assessment Rates</HD>
                <P>
                    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b)(1), Commerce will determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with the final results of this review.
                    <SU>13</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>13</SU>
                         Commerce remains enjoined from ordering the lifting of suspension of liquidation, and entries of subject merchandise will continue to be subject to suspension of liquidation at the cash deposit rate of zero until the injunction is lifted. 
                        <E T="03">See Archroma U.S., Inc.</E>
                         v. 
                        <E T="03">United States Dep't of Commerce and United States Int'l Trade Comm.,</E>
                         CIT Ct. No. 22-00354, ECF No. 8 (appeal pending 
                        <E T="03">sub nom. Archroma U.S., Inc.</E>
                         v. 
                        <E T="03">Commerce,</E>
                         CAFC Ct. No. 2024-2159 (challenging Commerce's determination in 
                        <E T="03">Stilbenic Optical Brightening Agents from the People's Republic of China and Taiwan: Final Results of Sunset Review and Revocation of Order,</E>
                         87 FR 80162 (December 29, 2022)); 
                        <E T="03">see also Stilbenic Optical Brightening Agents From Taiwan and the People's Republic of China: Notice of Court Decision Not in Harmony With the Results of Antidumping Sunset Reviews, Reinstatement of Antidumping Duty Orders, and Reconduction of Sunset Reviews,</E>
                         89 FR 53392, 53393 (June 26, 2024)).
                    </P>
                </FTNT>
                <P>
                    If TFM's weighted-average dumping margin is not zero or 
                    <E T="03">de minimis</E>
                     (
                    <E T="03">i.e.,</E>
                     less than 0.50 percent) in the final results of this review, Commerce intends to calculate an importer-specific assessment rate based on the ratio of the total amount of dumping calculated for each importer's examined sales to the total entered value of those sales. Where we do not have entered values for all U.S. sales to a particular importer, we will calculate an importer-specific, per-unit assessment rate on the basis of the ratio of the total amount of dumping calculated for the importer's examined sales to the total quantity of those sales.
                    <SU>14</SU>
                    <FTREF/>
                     To determine whether an importer-specific, per-unit assessment rate is 
                    <E T="03">de minimis,</E>
                     in accordance with 19 CFR 351.106(c)(2), we also will calculate an importer-specific ad valorem ratio based on estimated entered values. If TFM's weighted-average dumping margin s zero or 
                    <E T="03">de minimis</E>
                     or where an importer-specific ad valorem assessment rate is zero or 
                    <E T="03">de minimis,</E>
                     we will instruct CBP to liquidate appropriate entries without regard to antidumping duties.
                    <SU>15</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>14</SU>
                         
                        <E T="03">See</E>
                         19 CFR 351.212(b)(1).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>15</SU>
                         
                        <E T="03">See</E>
                         19 CFR 351.106(c)(2); 
                        <E T="03">see also Antidumping Proceeding: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Proceedings; Final Modification,</E>
                         77 FR 8101, 8103 (February 14, 2012).
                    </P>
                </FTNT>
                <P>
                    In accordance with Commerce's “automatic assessment” practice, for entries of subject merchandise during the POR produced by TFM for which it did not know that the merchandise was destined for the United States, we intend to instruct CBP to liquidate those entries at the all-others rate calculated in the less-than-fair-value (LTFV) investigation if there is no rate for the intermediate company(ies) involved in the transaction.
                    <SU>16</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>16</SU>
                         For a full discussion of this practice, s
                        <E T="03">ee Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties,</E>
                         68 FR 23954 (May 6, 2003).
                    </P>
                </FTNT>
                <P>
                    Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of publication of the final results of this review in the 
                    <E T="04">Federal Register</E>
                    .
                    <SU>17</SU>
                    <FTREF/>
                     If a timely summons is filed at the U.S. Court of International Trade, the 
                    <PRTPAGE P="43088"/>
                    assessment instructions will direct CBP not to liquidate relevant entries until the time for parties to file a request for a statutory injunction has expired (
                    <E T="03">i.e.,</E>
                     within 90 days of publication).
                </P>
                <FTNT>
                    <P>
                        <SU>17</SU>
                         
                        <E T="03">See</E>
                         n.14 
                        <E T="03">supra.</E>
                    </P>
                </FTNT>
                <HD SOURCE="HD1">Cash Deposit Requirements</HD>
                <P>
                    The following cash deposit requirements will be effective for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this administrative review,
                    <SU>18</SU>
                    <FTREF/>
                     as provided by section 751(a)(2)(C) of the Act: (1) the cash deposit rate for TFM will be that established in the final results of this review, except if the rate is less than 0.50 percent and, therefore, 
                    <E T="03">de minimis</E>
                     within the meaning of 19 CFR 351.106(c)(1), in which case the cash deposit rate will be zero; (2) for previously investigated or reviewed companies not covered by this review, the cash deposit rate will continue to be the company-specific cash deposit rate published for the most recently completed segment of this proceeding in which the company participated; (3) if the exporter is not a firm covered in this review, or the LTFV investigation, but the manufacturer is, then the cash deposit rate will be the rate established for the most recent segment for the manufacturer of the merchandise; and (4) the cash deposit rate for all other manufacturers or exporters will continue to be 6.19 percent, the all-others rate established in the LTFV investigation.
                    <SU>19</SU>
                    <FTREF/>
                     These cash deposit requirements, when imposed, shall remain in effect until further notice.
                </P>
                <FTNT>
                    <P>
                        <SU>18</SU>
                         
                        <E T="03">See</E>
                         n.14 
                        <E T="03">supra.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>19</SU>
                         
                        <E T="03">See Order,</E>
                         77 FR at 27420.
                    </P>
                </FTNT>
                <HD SOURCE="HD1">Notification to Importers</HD>
                <P>This notice serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in Commerce's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties.</P>
                <HD SOURCE="HD1">Notification to Interested Parties</HD>
                <P>We are issuing and publishing these preliminary results of review in accordance with sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.221(b)(4).</P>
                <SIG>
                    <DATED>Dated: July 8, 2026.</DATED>
                    <NAME>Christopher Abbott,</NAME>
                    <TITLE>Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance.</TITLE>
                </SIG>
                <APPENDIX>
                    <HD SOURCE="HED">Appendix</HD>
                    <HD SOURCE="HD1">List of Topics Discussed in the Preliminary Decision Memorandum</HD>
                    <FP SOURCE="FP-2">I. Summary</FP>
                    <FP SOURCE="FP-2">II. Background</FP>
                    <FP SOURCE="FP-2">III. Scope of the Order</FP>
                    <FP SOURCE="FP-2">IV. Discussion of the Methodology</FP>
                    <FP SOURCE="FP-2">V. Currency Conversion</FP>
                    <FP SOURCE="FP-2">VI. Recommendation</FP>
                </APPENDIX>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-14140 Filed 7-13-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 3510-DS-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS</AGENCY>
                <SUBJECT>Determination Under the Textile and Apparel Commercial Availability Provision of the Dominican Republic-Central America-United States Free Trade Agreement (“CAFTA-DR”)</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>The Committee for the Implementation of Textile Agreements.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Determination to add a product in unrestricted quantities to Annex 3.25 of the CAFTA-DR.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Committee for the Implementation of Textile Agreements (“CITA”) has determined that certain double weave polyester/spandex fabric, as specified below, is not available in commercial quantities in a timely manner in the CAFTA-DR countries. The product is added to the list in Annex 3.25 of the CAFTA-DR in unrestricted quantities.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        <E T="03">Applicable date:</E>
                         July 14, 2026.
                    </P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        <E T="03">https://otexaprod.trade.gov/otexacapublicsite/requests/cafta</E>
                         under “Approved Requests,” File Number: CA2026002.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Kayla Johnson, Office of Textiles and Apparel, U.S. Department of Commerce, (202) 482-2532 or 
                        <E T="03">Kayla.Johnson@trade.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P/>
                <P>
                    <E T="03">Authority:</E>
                     The CAFTA-DR; Section 203(o)(4) of the Dominican Republic-Central America-United States Free Trade Agreement Implementation Act (“CAFTA-DR Implementation Act”), Public Law 109-53; the Statement of Administrative Action accompanying the CAFTA-DR Implementation Act; and Presidential Proclamation 7987 (February 28, 2006).
                </P>
                <P>
                    <E T="03">Background:</E>
                     The CAFTA-DR provides a list in Annex 3.25 for fabrics, yarns, and fibers that the Parties to the CAFTA-DR have determined are not available in commercial quantities in a timely manner in the territory of any Party. The CAFTA-DR provides that this list may be modified pursuant to Article 3.25.4, when the United States determines that a fabric, yarn, or fiber is not available in commercial quantities in a timely manner in the territory of any Party. 
                    <E T="03">See</E>
                     Annex 3.25 of the CAFTA-DR; 
                    <E T="03">see also</E>
                     section 203(o)(4)(C) of the CAFTA-DR Implementation Act.
                </P>
                <P>
                    The CAFTA-DR Implementation Act requires the President to establish procedures governing the submission of a request and providing opportunity for interested entities to submit comments and supporting evidence before a commercial availability determination is made. In Presidential Proclamation 7987, the President delegated to CITA the authority under section 203(o)(4) of CAFTA-DR Implementation Act for modifying the Annex 3.25 list. Pursuant to this authority, on September 15, 2008, CITA published modified procedures it would follow in considering requests to modify the Annex 3.25 list of products determined to be not commercially available in the territory of any Party to the CAFTA-DR (
                    <E T="03">Modifications to Procedures for Considering Requests Under the Commercial Availability Provision of the Dominican Republic-Central America-United States Free Trade Agreement,</E>
                     73 FR 53200) (“CITA's Procedures”).
                </P>
                <P>On May 11, 2026, CITA received a Commercial Availability Request (“Request”) from VARSITY PRO LTDA DE C.V. (“Varsity”) for certain double weave polyester/spandex fabric, as specified below. On May 13, 2026, in accordance with CITA's Procedures, CITA notified interested parties of the Request, which was posted on the dedicated website for CAFTA-DR Commercial Availability proceedings. In its notification, CITA advised that any Response with an Offer to Supply (“Response”) must be submitted by May 26, 2026, and any Rebuttal to a Response (“Rebuttal”) must be submitted by June 1, 2026, in accordance with sections 6 and 7 of CITA's Procedures.</P>
                <P>
                    On May 26, 2026, Summitex Woven Textiles (“Summitex”) submitted a response to the pending request. On June 1, 2026, Varsity submitted a rebuttal to Summitex's response. In accordance with section 203(o)(4) of the CAFTA-DR Implementation Act, Article 3.25 of the CAFTA-DR, and section 8(c)(4) of CITA's procedures, because there was insufficient information on 
                    <PRTPAGE P="43089"/>
                    the record to make a determination within 30 business days, CITA extended the period to make a determination by 14 U.S. business days. Further, in accordance with section 8(c)(4)(i) of its procedures, CITA called for a public meeting on June 11, 2026 with representatives of Varsity and Summitex to provide the companies with an opportunity to submit additional evidence to substantiate their claims regarding Summitex's capability to supply the subject product in commercial quantities in a timely manner.
                </P>
                <P>Section 203(o)(4)(C)(ii) of the CAFTA-DR Implementation Act provides that after receiving a request, a determination will be made as to whether the subject product is available in commercial quantities in a timely manner in the CAFTA-DR countries. In the instant case, the information on the record indicates that Varsity made significant efforts to source the fabric in the CAFTA-DR region, specifically from Summitex. However, Summitex has not demonstrated its ability to supply the subject product in commercial quantities in a timely manner. Therefore, in accordance with section 203(o) of the CAFTA-DR Implementation Act and CITA's procedures, as no interested entity has substantiated its ability to supply the subject product in commercial quantities in a timely manner, CITA has determined to add the specified fabric to the list in Annex 3.25 of the CAFTA-DR.</P>
                <P>
                    The subject product has been added to the list in Annex 3.25 of the CAFTA-DR Agreement in unrestricted quantities. A revised list has been posted on the dedicated website for CAFTA-DR Commercial Availability proceedings, at 
                    <E T="03">https://otexaprod.trade.gov/otexacapublicsite/shortsupply/cafta.</E>
                </P>
                <HD SOURCE="HD1">Specifications: Certain Double Weave Polyester/Spandex Fabric</HD>
                <P>
                    <E T="03">HTS:</E>
                     5407.52.20.40; 5407.72.00.15
                </P>
                <P>
                    <E T="03">Fabric Type:</E>
                     Woven—Double Weave
                </P>
                <P>
                    <E T="03">Fiber Content (AATCC 20A):</E>
                     Polyester 88-92%, Spandex 8-12%
                </P>
                <P>
                    <E T="03">Yarn Size:</E>
                </P>
                <P>
                    <E T="03">Warp Yarn:</E>
                     45-55 Denier/144 Filaments Semi-Dull Texturized + 15-25 Denier Spandex Textured Filament
                </P>
                <P>
                    <E T="03">Weft Yarn 1:</E>
                     45-55 Denier/72 Filaments Semi-Dull Texturized + 15-25 Denier Spandex Textured Filament
                </P>
                <P>
                    <E T="03">Weft Yarn 2:</E>
                     145-155 Denier/96 Filaments Semi-Dull Texturized
                </P>
                <P>
                    <E T="03">Weave Type:</E>
                     Woven, Double Weave Dobby
                </P>
                <P>
                    <E T="03">Thread Count (ASTM D3775):</E>
                     66-72 warp ends × 70-78 filling picks
                </P>
                <P>
                    <E T="03">Fabric Weight (g/m2) (ASTM D3776):</E>
                     159-169 g/m2
                </P>
                <P>
                    <E T="03">Width (cuttable) (ASTM D3774):</E>
                </P>
                <P>
                    <E T="03">Metric:</E>
                     124.5-139.7 cm
                </P>
                <P>
                    <E T="03">English:</E>
                     49-55 inches
                </P>
                <P>
                    <E T="03">Stretch (%) (ASTM D3107):</E>
                </P>
                <P>
                    <E T="03">Warp:</E>
                     20.4% (10%-30%)
                </P>
                <P>
                    <E T="03">Weft:</E>
                     18% (8%-28%)
                </P>
                <P>
                    <E T="03">Stretch Direction:</E>
                     Four-way stretch
                </P>
                <P>
                    <E T="03">Finish (AATCC 197):</E>
                     Quick Dry (Wicking)
                </P>
                <P>
                    <E T="03">Dye Type:</E>
                     Piece dye of various colors
                </P>
                <P>
                    <E T="03">Shrinkage (AATCC 135):</E>
                     +/− 5%
                </P>
                <SIG>
                    <NAME>Joshua Kroon,</NAME>
                    <TITLE>Chairman, Committee for the Implementation of Textile Agreements.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-14111 Filed 7-13-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 3510-DR-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF DEFENSE</AGENCY>
                <SUBAGY>Office of the Secretary</SUBAGY>
                <SUBJECT>Notice of Intent To Grant an Exclusive License; Spyris Holdings Inc.</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>National Security Agency (NSA), Department of Defense (DoD).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of intent.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The NSA hereby gives notice of its intent to grant Spyris Holdings Inc. a revocable, non-assignable, exclusive, license to practice the following Government-Owned invention as described and claimed in United States Patent Number (USPN) 10,042,928 B1, System and method for automated reasoning with and searching of documents.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Anyone wishing to object to the grant of this license has until July 29, 2026 to file written objections including evidence and argument that establish that the grant of the license would not be consistent with the requirements of 35 United States Code (U.S.C.) 209 and 37 Code of Federal Regulations (CFR) 404.7.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>Written objections are to be filed with the National Security Agency Office of Research and Technology Applications, 9800 Savage Road, Suite 6843, Fort George G. Meade, MD 20755-6843.</P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Karen D. Presley, Director, Office of Research and Technology Applications, 9800 Savage Road, Suite 6843, Fort George G. Meade, MD 20755-6843, telephone (443) 634-3519.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>The prospective exclusive license will comply with the terms and conditions of 35 U.S.C. 209 and 37 CFR 404.7. The patent rights in these inventions have been assigned to the United States Government as represented by the National Security Agency.</P>
                <SIG>
                    <DATED>Dated: July 9, 2026.</DATED>
                    <NAME>Stephanie J. Bost,</NAME>
                    <TITLE>Alternate OSD Federal Register Liaison Officer, Department of Defense.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-14094 Filed 7-13-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 6001-FR-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF EDUCATION</AGENCY>
                <DEPDOC>[Docket No.: ED-2026-SCC-2476]</DEPDOC>
                <SUBJECT>Agency Information Collection Activities; Comment Request; eZ-Audit: Electronic Submission of Financial Statements and Compliance Audits</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Student Aid (FSA), Department of Education (ED).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>In accordance with the Paperwork Reduction Act (PRA) of 1995, the Department is proposing an extension without change of a currently approved information collection request (ICR).</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Interested persons are invited to submit comments on or before September 14, 2026.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        To access and review all the documents related to the information collection listed in this notice, please use 
                        <E T="03">http://www.regulations.gov</E>
                         by searching the Docket ID number ED-2026-SCC-2476. Comments submitted in response to this notice should be submitted electronically through the Federal eRulemaking Portal at 
                        <E T="03">http://www.regulations.gov</E>
                         by selecting the Docket ID number or via postal mail, commercial delivery, or hand delivery. If the 
                        <E T="03">regulations.gov</E>
                         site is not available to the public for any reason, the Department will temporarily accept comments at 
                        <E T="03">ICDocketMgr@ed.gov.</E>
                         Please include the docket ID number and the title of the information collection request when requesting documents or submitting comments. Please note that comments submitted after the comment period will not be accepted. Written requests for information or comments submitted by postal mail or delivery should be addressed to Carolyn Rose, U.S. Department of Education, Federal Student Aid, 400 Maryland Avenue SW, Washington, DC 20202-1200.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>For specific questions related to collection activities, please contact Carolyn Rose, (202) 453-5967.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    The Department, in accordance with the 
                    <PRTPAGE P="43090"/>
                    Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3506(c)(2)(A)), provides the general public and Federal agencies with an opportunity to comment on proposed, revised, and continuing collections of information. This helps the Department assess the impact of its information collection requirements and minimize the public's reporting burden. It also helps the public understand the Department's information collection requirements and provide the requested data in the desired format. The Department is soliciting comments on the proposed information collection request (ICR) that is described below. The Department is especially interested in public comment addressing the following issues: (1) is this collection necessary to the proper functions of the Department; (2) will this information be processed and used in a timely manner; (3) is the estimate of burden accurate; (4) how might the Department enhance the quality, utility, and clarity of the information to be collected; and (5) how might the Department minimize the burden of this collection on the respondents, including through the use of information technology. Please note that written comments received in response to this notice will be considered public records.
                </P>
                <P>
                    <E T="03">Title of Collection:</E>
                     eZ-Audit: Electronic Submission of Financial Statements and Compliance Audits.
                </P>
                <P>
                    <E T="03">OMB Control Number:</E>
                     1845-0072.
                </P>
                <P>
                    <E T="03">Type of Review:</E>
                     Extension without change of a currently approved ICR.
                </P>
                <P>
                    <E T="03">Respondents/Affected Public:</E>
                     State, Local, and Tribal Governments; Private Sector; Individuals or Households.
                </P>
                <P>
                    <E T="03">Total Estimated Number of Annual Responses:</E>
                     6,632.
                </P>
                <P>
                    <E T="03">Total Estimated Number of Annual Burden Hours:</E>
                     6,603.
                </P>
                <P>
                    <E T="03">Abstract:</E>
                     eZ-Audit is a web-based process designed to facilitate the submission of compliance and financial statement audits, expedite the review of those audits by the Department, and provide more timely and useful information to public, non-profit and proprietary institutions regarding the Department's review. eZ-Audit establishes a uniform process under which all institutions submit directly to the Department any audit required under the Title IV, HEA program regulations. eZ-Audit continues to have minimal number of financial template line items and general information questions. There has been no change to the form or method of submission.
                </P>
                <SIG>
                    <NAME>Ross Santy,</NAME>
                    <TITLE>Chief Data Officer, Office of Planning, Evaluation and Policy Development.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-14159 Filed 7-13-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4000-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF EDUCATION</AGENCY>
                <DEPDOC>[Docket No.: ED-2026-SCC-2509]</DEPDOC>
                <SUBJECT>Agency Information Collection Activities; Comment Request; Campus Safety and Security Survey</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Office of Postsecondary Education (OPE), Department of Education (ED).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>In accordance with the Paperwork Reduction Act (PRA) of 1995, the Department is proposing a revision of a currently approved information collection request (ICR).</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Interested persons are invited to submit comments on or before September 14, 2026.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        To access and review all the documents related to the information collection listed in this notice, please use 
                        <E T="03">http://www.regulations.gov</E>
                         by searching the Docket ID number ED-2026-SCC-2509. Comments submitted in response to this notice should be submitted electronically through the Federal eRulemaking Portal at 
                        <E T="03">http://www.regulations.gov</E>
                         by selecting the Docket ID number or via postal mail, commercial delivery, or hand delivery. If the 
                        <E T="03">regulations.gov</E>
                         site is not available to the public for any reason, the Department will temporarily accept comments at 
                        <E T="03">ICDocketMgr@ed.gov.</E>
                         Please include the docket ID number and the title of the information collection request when requesting documents or submitting comments. Please note that comments submitted after the comment period will not be accepted. Written requests for information or comments submitted by postal mail or delivery should be addressed to the Office of Postsecondary Education, U.S. Department of Education, 400 Maryland Ave SW, LBJ, Room 5C173, Washington, DC 20202.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>For specific questions related to collection activities, please contact Amy Wilson, 202-987-1318.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>The Department, in accordance with the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3506(c)(2)(A)), provides the general public and Federal agencies with an opportunity to comment on proposed, revised, and continuing collections of information. This helps the Department assess the impact of its information collection requirements and minimize the public's reporting burden. It also helps the public understand the Department's information collection requirements and provide the requested data in the desired format. The Department is soliciting comments on the proposed information collection request (ICR) that is described below. The Department is especially interested in public comment addressing the following issues: (1) is this collection necessary to the proper functions of the Department; (2) will this information be processed and used in a timely manner; (3) is the estimate of burden accurate; (4) how might the Department enhance the quality, utility, and clarity of the information to be collected; and (5) how might the Department minimize the burden of this collection on the respondents, including through the use of information technology. Please note that written comments received in response to this notice will be considered public records.</P>
                <P>
                    <E T="03">Title of Collection:</E>
                     Campus Safety and Security Survey.
                </P>
                <P>
                    <E T="03">OMB Control Number:</E>
                     1840-0833.
                </P>
                <P>
                    <E T="03">Type of Review:</E>
                     A revision of a currently approved ICR.
                </P>
                <P>
                    <E T="03">Respondents/Affected Public:</E>
                     Private Sector; State, Local, and Tribal Governments.
                </P>
                <P>
                    <E T="03">Total Estimated Number of Annual Responses:</E>
                     5,784.
                </P>
                <P>
                    <E T="03">Total Estimated Number of Annual Burden Hours:</E>
                     2,604.
                </P>
                <P>
                    <E T="03">Abstract:</E>
                     The collection of information through the Campus Safety and Security Survey (CSS) is necessary under section 485 of the Higher Education Act of 1965, as amended, with the goal of increasing transparency surrounding college safety and security information for students, prospective students, parents, employees and the general public. The survey is a collection tool to compile the annual data on campus crime and fire safety. The data collected from the individual institutions by the Department of Education (ED) is made available to the public through the Campus Safety and Security Data Analysis and Cutting Tool as well as the College Navigator. This revision is being submitted to add new collection requirements from the Stop Campus Hazing Act.
                </P>
                <SIG>
                    <NAME>Ross Santy,</NAME>
                    <TITLE>Chief Data Officer, Office of Planning, Evaluation and Policy Development.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-14153 Filed 7-13-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4000-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <PRTPAGE P="43091"/>
                <AGENCY TYPE="N">DEPARTMENT OF ENERGY</AGENCY>
                <DEPDOC>[Docket No. 19-134-LNG]</DEPDOC>
                <SUBJECT>Change in Control: Commonwealth LNG, LLC</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Hydrocarbons and Geothermal Energy Office, Department of Energy.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of change in control.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Hydrocarbons and Geothermal Energy Office (HGEO) of the Department of Energy (DOE) gives notice of receipt of a Statement and Notice of Change in Control (Statement) filed by Commonwealth LNG, LLC (Commonwealth) on June 15, 2026. Commonwealth clarified portions of its Statement by responding to follow-up questions by email correspondence on June 24, 2026 (Clarification). The Statement and Clarification describe a change in Commonwealth's upstream ownership. The Statement was filed under the Natural Gas Act, and in accordance with DOE's regulations and DOE's Procedures for Changes in Control Affecting Applications and Authorizations to Import or Export Natural Gas (CIC Procedures).</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Protests, motions to intervene, or notices of intervention, as applicable, and written comments are to be filed electronically as detailed in the Public Comment Procedures section no later than 4:30 p.m., Eastern Time, July 29, 2026.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P/>
                    <P>
                        <E T="03">Electronic Filing by email (Strongly encouraged):</E>
                          
                        <E T="03">fergas@hq.doe.gov.</E>
                    </P>
                    <P>
                        <E T="03">Postal Mail, Hand Delivery, or Private Delivery Services:</E>
                         (
                        <E T="03">e.g.,</E>
                         FedEx, UPS, etc.) U.S. Department of Energy (EX-31), Office of Global Energy Security, Hydrocarbons and Geothermal Energy Office, Forrestal Building, Room 3E-056, 1000 Independence Avenue SW, Washington, DC 20585.
                    </P>
                    <P>Due to potential delays in DOE's receipt and processing of mail sent through the U.S. Postal Service, we encourage respondents to submit filings electronically to ensure timely receipt.</P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P/>
                    <P>
                        Jennifer Wade or Peri Ulrey, U.S. Department of Energy (EX-31), Office of Global Energy Security, Office of Strategic Resources, Hydrocarbons and Geothermal Energy Office, Forrestal Building, Room 3E-042, 1000 Independence Avenue SW, Washington, DC 20585, (202) 586-4749 or (202) 586-7893, 
                        <E T="03">jennifer.wade@hq.doe.gov</E>
                         or 
                        <E T="03">peri.ulrey@hq.doe.gov</E>
                        .
                    </P>
                    <P>
                        Katia Kroutil, U.S. Department of Energy (GC-76), Office of the Assistant General Counsel for Energy Delivery and Resilience, Forrestal Building, Room 6D-033, 1000 Independence Avenue SW, Washington, DC 20585, (202) 586-4798, 
                        <E T="03">katia.kroutil@hq.doe.gov</E>
                        .
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">Summary of Change in Control</HD>
                <P>
                    Commonwealth states that its upstream ownership changed pursuant to a transation that closed on May 14, 2026 (Transaction) in connection with the Final Investment Decision for the Commonwealth LNG Project. According to Commonwealth, the Canada Pension Plan Investment Board (CPP Investments) acquired a 22.8% equity interest in Commonwealth's corporate parent, Caturus Holdco, LLC (Caturus).
                    <SU>1</SU>
                    <FTREF/>
                     Commonwealth states that, before the Transaction, Kimmeridge Energy Management Company, LLC (Kimmeridge) held a 75.9% equity interest in Caturus, and CPP Investments held an indirect interest in Caturus through the Kimmeridge funds in which it invests. Commonwealth adds that, although CPP Investments now holds a 33.1% interest in Commonwealth as a result of the Transaction and its other prior investments in Kimmeridge funds, its ownership interest including governance rights is limited to 22.8%, acquired in the Transaction. Commonwealth further states that Kimmeridge and Mubadala Energy remain equity owners of Caturus, and Caturus remains the 100% indirect owner of Commonwealth.
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         Due to the foreign economic interests resulting from the Transaction, Commonwealth's change in control may require the approval of the Committee on Foreign Investment in the United States (CFIUS). DOE expresses no opinion regarding the need for review by CFIUS. Additional information may be obtained at 
                        <E T="03">https://home.treasury.gov/policy-issues/international/the-committee-on-foreign-investment-in-the-united-states-cfius.</E>
                    </P>
                </FTNT>
                <P>
                    A chart illustrating the ownership structure of Commonwealth after the Transaction is attached to the Statement as Attachment A. Additional details can be found in the Statement and Clarification, posted on the DOE website at 
                    <E T="03">https://www.energy.gov/hgeo/articles/commonwealth-lng-llc-fe-dkt-no-19-134-lng.</E>
                </P>
                <HD SOURCE="HD1">DOE Evaluation</HD>
                <P>
                    DOE will review the Statement in accordance with its CIC Procedures.
                    <SU>2</SU>
                    <FTREF/>
                     Consistent with the CIC Procedures, this notice addresses Commonwealth's existing authorization to export domestically produced LNG by vessel to countries with which the United States has not entered into a free trade agreement (FTA) requiring national treatment for trade in natural gas and with which trade is not prohibited by United States law or policy (non-FTA countries), granted in DOE/FECM Order No. 5238-A.
                    <SU>3</SU>
                    <FTREF/>
                     If no interested person protests the change in control and DOE takes no action on its own motion, the proposed change in control will be deemed granted 30 days after publication in the 
                    <E T="04">Federal Register</E>
                    . If one or more protests are submitted, DOE will review any motions to intervene, protests, and answers, and will issue a determination as to whether the proposed change in control has been demonstrated to render the underlying authorizations inconsistent with the public interest.
                </P>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         79 FR 65541 (Nov. 5, 2014).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         On November 20, 2025, the Office of Fossil Energy and Carbon Management (FECM) changed its name to the Hydrocarbons and Geothermal Energy Office (HGEO).
                    </P>
                </FTNT>
                <HD SOURCE="HD1">Public Comment Procedures</HD>
                <P>
                    Interested persons will be provided 15 days from the date of publication of this notice in the 
                    <E T="04">Federal Register</E>
                     to move to intervene, protest, and answer Commonwealth's Statement.
                    <SU>4</SU>
                    <FTREF/>
                     Protests, motions to intervene, notices of intervention, and written comments are invited in response to this notice only as to the change in control described in the Statement. All protests, comments, motions to intervene, or notices of intervention must meet the requirements specified by DOE's regulations in 10 CFR part 590, including the service requirements.
                </P>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         Intervention, if granted, would constitute intervention only in the change in control portion of these proceedings, as described herein.
                    </P>
                </FTNT>
                <P>Filings may be submitted using one of the following methods:</P>
                <P>
                    (1) Submitting the filing electronically at 
                    <E T="03">fergas@hq.doe.gov;</E>
                </P>
                <P>
                    (2) Mailing the filing to the Office of Global Energy Security at the address listed in the 
                    <E T="02">ADDRESSES</E>
                     section; or
                </P>
                <P>
                    (3) Hand delivering the filing to the Office of Global Energy Security at the address listed in the 
                    <E T="02">ADDRESSES</E>
                     section.
                </P>
                <P>
                    For administrative efficiency, DOE prefers filings to be filed electronically. All filings must include a reference to “Docket No. 19-34-LNG” or “Commonwealth Change in Control” in the title line. Filings must be submitted in English to be considered.
                    <SU>5</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         
                        <E T="03">See</E>
                         Executive Order 14224 of March 1, 2025, 
                        <E T="03">Designating English as the Official Language of the United States,</E>
                         90 FR 11363 (Mar. 6, 2025).
                    </P>
                </FTNT>
                <P>
                    <E T="03">For electronic submissions:</E>
                     Please include all related documents and attachments (
                    <E T="03">e.g.,</E>
                     exhibits) in the original email correspondence. Please do not include any active hyperlinks or password protection in any of the documents or attachments related to the 
                    <PRTPAGE P="43092"/>
                    filing. All electronic filings submitted to DOE must follow these guidelines to ensure that all documents are filed in a timely manner.
                </P>
                <P>
                    The Statement, and any filed protests, motions to intervene, notices of intervention, and comments will be available electronically on the DOE website at 
                    <E T="03">www.energy.gov/hgeo/regulation.</E>
                </P>
                <SIG>
                    <DATED>Signed in Washington, DC, on July 10, 2026.</DATED>
                    <NAME>Amy Sweeney,</NAME>
                    <TITLE>Director, Office of Global Energy Security, Office of Strategic Resources.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-14124 Filed 7-13-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 6450-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF ENERGY</AGENCY>
                <SUBAGY>Federal Energy Regulatory Commission</SUBAGY>
                <SUBJECT>Sunshine Act Meetings</SUBJECT>
                <P>The following notice of meeting is published pursuant to section 3(a) of the government in the Sunshine Act (Pub. L. No. 94-409), 5 U.S.C. 552b: </P>
                <PREAMHD>
                    <HD SOURCE="HED">Agency Holding Meeting: </HD>
                    <P>Federal Energy Regulatory Commission. </P>
                </PREAMHD>
                <PREAMHD>
                    <HD SOURCE="HED">TIME AND DATE: </HD>
                    <P>July 16, 2026, 10:00 a.m. </P>
                </PREAMHD>
                <PREAMHD>
                    <HD SOURCE="HED">PLACE: </HD>
                    <P>Room 2C, 888 First Street NE, Washington, DC 20426. </P>
                </PREAMHD>
                <PREAMHD>
                    <HD SOURCE="HED">STATUS: </HD>
                    <P>Open to the public. </P>
                </PREAMHD>
                <PREAMHD>
                    <HD SOURCE="HED">MATTERS TO BE CONSIDERED: </HD>
                    <P>Agenda.</P>
                    <P>* NOTE—Items listed on the agenda may be deleted without further notice.</P>
                </PREAMHD>
                <PREAMHD>
                    <HD SOURCE="HED">CONTACT PERSON FOR MORE INFORMATION: </HD>
                    <P>Debbie-Anne A. Reese, Secretary, Telephone (202) 502-8400.</P>
                    <P>For a recorded message listing items stricken from or added to the meeting, call (202) 502-8627.</P>
                    <P>
                        This is a list of matters to be considered by the Commission. It does not include a listing of all documents relevant to the items on the agenda. All public documents, however, may be viewed online at the Commission's website at 
                        <E T="03">https://elibrary.ferc.gov/eLibrary/search</E>
                         using the eLibrary link.
                    </P>
                </PREAMHD>
                <GPOTABLE COLS="3" OPTS="L2,nj,i1" CDEF="xs36,r100,r200">
                    <TTITLE>1138th-Meeting</TTITLE>
                    <TDESC>[Open; July 16, 2026; 10:00 a.m.]</TDESC>
                    <BOXHD>
                        <CHED H="1">Item No.</CHED>
                        <CHED H="1">Docket No.</CHED>
                        <CHED H="1">Company</CHED>
                    </BOXHD>
                    <ROW EXPSTB="02" RUL="s">
                        <ENT I="21">
                            <E T="02">Administrative</E>
                        </ENT>
                    </ROW>
                    <ROW EXPSTB="00">
                        <ENT I="01">A-1</ENT>
                        <ENT>AD26-1-000</ENT>
                        <ENT>Agency Administrative Matters.</ENT>
                    </ROW>
                    <ROW RUL="n,s">
                        <ENT I="01">A-2</ENT>
                        <ENT>AD26-2-000</ENT>
                        <ENT>Customer Matters, Reliability, Security and Market Operations.</ENT>
                    </ROW>
                    <ROW EXPSTB="02" RUL="s">
                        <ENT I="21">
                            <E T="02">Electric</E>
                        </ENT>
                    </ROW>
                    <ROW EXPSTB="00">
                        <ENT I="01">E-1</ENT>
                        <ENT>RD26-7-000</ENT>
                        <ENT>Reliability Standard(s) Pertaining to Computational Load Integration.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">E-2</ENT>
                        <ENT>AD26-10-000</ENT>
                        <ENT>Western Seams Coordination.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">E-3</ENT>
                        <ENT>ER16-1341-005</ENT>
                        <ENT>Southwest Power Pool, Inc.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">E-4</ENT>
                        <ENT>EL26-40-000</ENT>
                        <ENT>
                            <E T="03">Public Citizen, Inc.</E>
                             v. 
                            <E T="03">Public Service Electric and Gas Company.</E>
                        </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">E-5</ENT>
                        <ENT>ER24-2776-002</ENT>
                        <ENT>Southern California Edison Company.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">E-6</ENT>
                        <ENT>ER24-3032-001</ENT>
                        <ENT>Pacific Gas and Electric Company.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">E-7</ENT>
                        <ENT>ER10-1391-004</ENT>
                        <ENT>San Diego Gas &amp; Electric.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">E-8</ENT>
                        <ENT>EL26-47-000</ENT>
                        <ENT>
                            <E T="03">North Carolina Electric Membership Corporation</E>
                             v. 
                            <E T="03">Duke Energy Progress, LLC.</E>
                        </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">E-9</ENT>
                        <ENT>ER21-2832-002</ENT>
                        <ENT>Eagle Creek Reusens Hydro, LLC and Great Falls Hydroelectric Company.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>ER21-2832-000</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>ER21-2833-002</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>ER21-2833-000</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">E-10</ENT>
                        <ENT>ER21-737-001</ENT>
                        <ENT>Lakehurst Solar, L.L.C.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>ER21-737-000</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">E-11</ENT>
                        <ENT>ER19-2847-003</ENT>
                        <ENT>Oxbow Creek Energy LLC.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>ER19-2847-000</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>EL20-9-000</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">E-12</ENT>
                        <ENT>ER23-2121-000</ENT>
                        <ENT>Freeport-McMoRan Copper &amp; Gold Energy Services, LLC.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">E-13</ENT>
                        <ENT>ER23-2385-000</ENT>
                        <ENT>ConocoPhillips Company.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">E-14</ENT>
                        <ENT>ER23-2613-000</ENT>
                        <ENT>NextEra Energy Marketing, LLC.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">E-15</ENT>
                        <ENT>ER23-2982-000</ENT>
                        <ENT>BP Energy Company.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">E-16</ENT>
                        <ENT>EL26-62-000</ENT>
                        <ENT>Basin Electric Power Cooperative.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">E-17</ENT>
                        <ENT>ER17-405-000</ENT>
                        <ENT>Appalachian Power Company.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>ER17-406-000</ENT>
                        <ENT>AEP Appalachian Transmission Company, Inc.</ENT>
                    </ROW>
                    <ROW RUL="n,s">
                        <ENT I="22"> </ENT>
                        <ENT>EL26-56-000</ENT>
                        <ENT>
                            <E T="03">American Municipal Power, Inc.</E>
                             v. 
                            <E T="03">Appalachian Power Company Inc., et al. and AEP Appalachian Transmission Company Inc., et al.</E>
                        </ENT>
                    </ROW>
                    <ROW EXPSTB="02" RUL="s">
                        <ENT I="21">
                            <E T="02">Hydro</E>
                        </ENT>
                    </ROW>
                    <ROW EXPSTB="00">
                        <ENT I="01">H-1</ENT>
                        <ENT>RM26-7-000</ENT>
                        <ENT>Categorical Exclusion under the National Environmental Policy Act for Certain Terminations or Revocations of Water Power Licenses or Exemptions.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">H-2</ENT>
                        <ENT>CX26-2-000</ENT>
                        <ENT>Order Adopting Categorical Exclusions from Tennessee Valley Authority under the National Environmental Policy Act.</ENT>
                    </ROW>
                    <ROW RUL="n,s">
                        <ENT I="01">H-3</ENT>
                        <ENT>P-2514-209</ENT>
                        <ENT>Appalachian Power Company.</ENT>
                    </ROW>
                    <ROW EXPSTB="02" RUL="s">
                        <ENT I="21">
                            <E T="02">Certificates</E>
                        </ENT>
                    </ROW>
                    <ROW EXPSTB="00">
                        <ENT I="01">C-1</ENT>
                        <ENT>CP26-17-000</ENT>
                        <ENT>Leaf River Energy Center LLC.</ENT>
                    </ROW>
                </GPOTABLE>
                <P>
                    A free webcast of this event is available through the Commission's website. Anyone with Internet access who desires to view this event can do so by navigating to 
                    <E T="03">www.ferc.gov</E>
                    's Calendar of Events and locating this 
                    <PRTPAGE P="43093"/>
                    event in the Calendar. The Federal Energy Regulatory Commission provides technical support for the free webcasts. Please call (202) 502-8680 or email 
                    <E T="03">customer@ferc.gov</E>
                     if you have any questions. 
                </P>
                <P>Immediately following the conclusion of the Commission Meeting, a press briefing will be held in the Commission Meeting Room. Members of the public may view this briefing in the designated overflow room. This statement is intended to notify the public that the press briefings that follow Commission meetings may now be viewed remotely at Commission headquarters but will not be telecast.</P>
                <SIG>
                    <DATED>Dated: July 9, 2026.</DATED>
                    <NAME>Carlos D. Clay, </NAME>
                    <TITLE>Deputy Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2026-14125 Filed 7-10-26; 11:15 am]</FRDOC>
            <BILCOD>BILLING CODE 6717-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF ENERGY</AGENCY>
                <SUBAGY>Federal Energy Regulatory Commission</SUBAGY>
                <SUBJECT>Combined Notice of Filings #1</SUBJECT>
                <P>Take notice that the Commission received the following electric corporate filings:</P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     EC26-126-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Yankee Street, LLC, O.H. Hutchings CT, LLC, Monument Generating Station, LLC, Sidney, LLC, Gate City Power Holdings II LLC.
                </P>
                <P>
                    <E T="03">Description:</E>
                     Joint Application for Authorization Under Section 203 of the Federal Power Act of Yankee Street, LLC, et al.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     7/2/26.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20260702-5243.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 7/23/26.
                </P>
                <P>Take notice that the Commission received the following electric rate filings:</P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER26-3119-000; TS26-7-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Cheyenne Power Hub, LLC. 
                </P>
                <P>
                    <E T="03">Description:</E>
                     Cheyenne Power Hub, LLC submits Request for Waiver, et al.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     7/1/26.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20260701-5458.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 7/22/26.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER26-3120-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     PJM Interconnection, L.L.C.
                </P>
                <P>
                    <E T="03">Description:</E>
                     § 205(d) Rate Filing: Amendment to GIA, SA No. 7592; Project Identifier No. AE2-276 to be effective 9/8/2026.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     7/9/26.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20260709-5162.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 7/30/26.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER26-3121-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Calistoga Resiliency Center, LLC.
                </P>
                <P>
                    <E T="03">Description:</E>
                     Initial Rate Filing: Application for Market-Based Authority with Expedited Treatment to be effective 7/10/2026.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     7/9/26.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20260709-5163.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 7/30/26.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER26-3122-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Montour, LLC.
                </P>
                <P>
                    <E T="03">Description:</E>
                     Tariff Amendment: Notice of Cancellation CoC 2026 to be effective 12/31/9998.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     7/9/26.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20260709-5211.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 7/30/26.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER26-3123-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Duke Energy Florida, LLC.
                </P>
                <P>
                    <E T="03">Description:</E>
                     § 205(d) Rate Filing: Surplus Interconnection Service Study Agreements to be effective 9/8/2026.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     7/9/26.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20260709-5258. 
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 7/30/26.
                </P>
                <P>
                    The filings are accessible in the Commission's eLibrary system (
                    <E T="03">https://elibrary.ferc.gov/idmws/search/fercgensearch.asp</E>
                    ) by querying the docket number.
                </P>
                <P>Any person desiring to intervene, to protest, or to answer a complaint in any of the above proceedings must file in accordance with Rules 211, 214, or 206 of the Commission's Regulations (18 CFR 385.211, 385.214, or 385.206) on or before 5:00 p.m. Eastern time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding.</P>
                <P>
                    eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: 
                    <E T="03">http://www.ferc.gov/docs-filing/efiling/filing-req.pdf.</E>
                     For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.
                </P>
                <P>
                    For public inquiries and assistance with making filings such as interventions, comments, or requests for rehearing, contact the Office of Public Participation at (202) 502-6595 or 
                    <E T="03">OPP@ferc.gov.</E>
                </P>
                <SIG>
                    <DATED>Dated: July 9, 2026.</DATED>
                    <NAME>Carlos D. Clay,</NAME>
                    <TITLE>Deputy Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2026-14126 Filed 7-13-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 6717-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
                <SUBAGY>Centers for Medicare &amp; Medicaid Services</SUBAGY>
                <DEPDOC>[Document Identifier: CMS-10488 and CMS-10942]</DEPDOC>
                <SUBJECT>Agency Information Collection Activities: Submission for OMB Review; Comment Request</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Centers for Medicare &amp; Medicaid Services, Health and Human Services (HHS).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        The Centers for Medicare &amp; Medicaid Services (CMS) is announcing an opportunity for the public to comment on CMS' intention to collect information from the public. Under the Paperwork Reduction Act of 1995 (PRA), federal agencies are required to publish notice in the 
                        <E T="04">Federal Register</E>
                         concerning each proposed collection of information, including each proposed extension or reinstatement of an existing collection of information, and to allow a second opportunity for public comment on the notice. Interested persons are invited to send comments regarding the burden estimate or any other aspect of this collection of information, including the necessity and utility of the proposed information collection for the proper performance of the agency's functions, the accuracy of the estimated burden, ways to enhance the quality, utility, and clarity of the information to be collected, and the use of automated collection techniques or other forms of information technology to minimize the information collection burden.
                    </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        Comments on the collection(s) of information must be received by the OMB desk officer by 
                        <E T="03">August 13, 2026.</E>
                    </P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to 
                        <E T="03">www.reginfo.gov/public/do/PRAMain.</E>
                         Find this particular information collection by selecting “Currently under 30-day Review—Open for Public Comments” or by using the search function.
                    </P>
                    <P>
                        To obtain copies of a supporting statement and any related forms for the proposed collection(s) summarized in this notice, please access the CMS PRA website by copying and pasting the following web address into your web browser: 
                        <E T="03">https://www.cms.gov/Regulations-and-Guidance/Legislation/PaperworkReductionActof1995/PRA-Listing</E>
                        .
                    </P>
                </ADD>
                <FURINF>
                    <PRTPAGE P="43094"/>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>William Parham at (410) 786-4669.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501-3520), federal agencies must obtain approval from the Office of Management and Budget (OMB) for each collection of information they conduct or sponsor. The term “collection of information” is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) and includes agency requests or requirements that members of the public submit reports, keep records, or provide information to a third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A)) requires federal agencies to publish a 30-day notice in the 
                    <E T="04">Federal Register</E>
                     concerning each proposed collection of information, including each proposed extension or reinstatement of an existing collection of information, before submitting the collection to OMB for approval. To comply with this requirement, CMS is publishing this notice that summarizes the following proposed collection(s) of information for public comment.
                </P>
                <HD SOURCE="HD1">Information Collection</HD>
                <P>
                    1. 
                    <E T="03">Type of Information Collection Request:</E>
                     New collection (Request for a new OMB control number); 
                    <E T="03">Title of Information Collection:</E>
                     State Exchange Improper Payment Measurement (SEIPM); 
                    <E T="03">Use:</E>
                     The Payment Integrity Information Act of 2019 (PIIA) requires Federal agencies to annually identify, review, measure, and report on the programs they administer that have been determined to be susceptible to significant improper payments. In 2016, HHS determined that payments of APTC are susceptible to significant improper payments and, as a result, are subject to the requirements of PIIA. In accordance with 45 CFR part 155, FFEs, SBE-FPs, and state Exchanges that operate their own eligibility and enrollment systems, determine the amount of APTC to be paid to qualified applicants. Starting in the FY22 Agency Financial Report (AFR), HHS began annually reporting improper payments of APTC administered through FFEs and SBE-FPs as part of the Exchange Improper Payment Measurement (EIPM) program. In 2024, HHS required State Exchanges to participate in the Improper Payment Pre-Testing and Assessment (IPPTA) to prepare State Exchanges for the future implementation of the SEIPM program.
                </P>
                <P>
                    HHS proposes to require state Exchanges to submit to HHS, a sample of tax household information from Qualified Health Plans (QHPs) that have associated APTC payments, for the purpose of being reviewed for improper payments. HHS proposes that the sample size would be of a sufficient quantity to produce a statistically valid estimate of improper payments and in accordance with requirements established by the Office of Management and Budget (OMB). HHS proposes that the measurement of all state Exchanges would occur on an annual basis unless otherwise determined by HHS. The calculated estimate of improper payments would be reported annually in the HHS Agency Financial Report (AFR) as an aggregate rate across all state Exchanges. At HHS' discretion, contractors would be used to support these activities. The burden associated with completion and return of the proposed required information will be the time it will take each state Exchange to meet with HHS to review the information. We estimate that the burden associated with this data collection and transfer will be no more than 8 hours for each sample collected. 
                    <E T="03">Form Number:</E>
                     CMS-10942 (OMB control number: 0938-NEW); 
                    <E T="03">Frequency:</E>
                     Annually; 
                    <E T="03">Affected Public:</E>
                     State, Local, or Tribal Governments; 
                    <E T="03">Number of Respondents:</E>
                     20; 
                    <E T="03">Total Annual Responses:</E>
                     20; 
                    <E T="03">Total Annual Hours:</E>
                     800. (For policy questions regarding this collection contact Halina DeSantis at 
                    <E T="03">halina.desantis@cms.hhs.gov.</E>
                    )
                </P>
                <P>
                    2. 
                    <E T="03">Type of Information Collection Request:</E>
                     Revision of currently approved collection; 
                    <E T="03">Title of Information Collection:</E>
                     Consumer Experience Survey Data Collection; 
                    <E T="03">Use:</E>
                     Section 1311(c)(4) of the Affordable Care Act requires the Department of Health and Human Services (HHS) to develop an enrollee satisfaction survey system that assesses consumer experience with qualified health plans (QHPs) offered through an Exchange. It also requires public display of enrollee satisfaction information by the Exchange to allow individuals to easily compare enrollee satisfaction levels between comparable plans. HHS established the QHP Enrollee Experience Survey (QHP Enrollee Survey) to assess consumer experience with the QHPs offered through the Marketplaces. The survey includes topics to assess consumer experience with the health care system such as communication with providers and ease of access to health care services.
                </P>
                <P>
                    CMS developed the survey using the Consumer Assessment of Health Providers and Systems (CAHPS®) principles (
                    <E T="03">https://www.ahrq.gov/cahps/about-cahps/principles/index.html</E>
                    ) and established an application and approval process for survey vendors who want to participate in collecting QHP enrollee experience data. The QHP Enrollee Survey, which is based on the CAHPS® Health Plan Survey, will be used to (1) help consumers choose among competing health plans, (2) provide actionable information that the QHPs can use to improve performance, (3) provide information that regulatory and accreditation organizations can use to regulate and accredit plans, and (4) provide a longitudinal database for consumer research. To develop the QHP Enrollee Survey, CMS completed developmental testing, including psychometric testing and beta testing. Additional changes made the survey since its development have been informed by focus groups with consumers and QHP issuers, cognitive testing with consumers, and input CMS received from interested parties. CMS previously obtained clearance for the 2016-2026 administrations of the QHP Enrollee Survey. At this time, CMS is requesting to renew approval for the information collection related to the QHP Enrollee Experience Survey in 2027-2029. These activities are necessary to ensure that CMS fulfills legislative mandates established by section 1311(c)(4) of the Affordable Care Act to develop an “enrollee satisfaction survey system” and provide such information on Marketplace websites. CMS is also seeking approval to revise the QHP Enrollee Survey beginning with 2027 to improve response rates, reduce burden on QHP enrollees and improve overall instrument alignment with the Consumer Assessment of Healthcare Providers and Systems (CAHPS) 5.1 Survey. To accomplish this, CMS is proposing to remove four questions related to tobacco-usage that are used to calculate the Medical Assistance with Smoking and Tobacco Use Cessation measure. CMS is also proposing to replace the two demographic questions related to race and ethnicity with one question aligned with the Office of Management and Budget (OMB) Revisions to OMB's Statistical Policy Directive No. 15: Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity. CMS is further proposing to refine the survey instrument to align questions related to telehealth with the CAHPS 5.1 Survey. CMS is also proposing to add 5 gate questions to allow participants to screen out of detailed follow-up questions that do not apply to them (see the Crosswalk of Changes to the QHP Enrollee Survey). CMS proposes allowing the customization of the mail and internet survey instruments to replace 
                    <PRTPAGE P="43095"/>
                    “Qualified Health Plan (QHP)” with the QHP issuer's name on the cover page. CMS is also proposing to update the QHP Enrollee Survey sampling protocol to allow oversampling at any level. CMS is also seeking to add a third email reminder on Day 40 of the fielding timeline and to extend the telephone dialing period by one week to begin on Day 48 of the fielding timeline. Finally, CMS is proposing revisions to the survey instrument, prenotification letter, reminder letter, survey cover letter, and notification/reminder emails for plain language to reduce repetition and improve readability. 
                    <E T="03">Form Number:</E>
                     CMS-10488 (OMB control number: 0938-1221); 
                    <E T="03">Frequency:</E>
                     Annually; 
                    <E T="03">Affected Public Sector:</E>
                     (Individuals and Households), Private sector (Business or other for-profits and Not-for-profit institutions); 
                    <E T="03">Number of Respondents:</E>
                     72,008 respondents; 
                    <E T="03">Total Annual Responses:</E>
                     72,008; 
                    <E T="03">Total Annual Hours:</E>
                     12,013. (For policy questions regarding this collection contact Preeti Hans 301-492-5114).
                </P>
                <SIG>
                    <NAME>William N. Parham, III,</NAME>
                    <TITLE>Director, Division of Information Collections and Regulatory Impacts, Office of Strategic Operations and Regulatory Affairs.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-14087 Filed 7-13-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4169-69-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
                <SUBAGY>Food and Drug Administration</SUBAGY>
                <DEPDOC>[Docket No. FDA-2026-N-7542]</DEPDOC>
                <SUBJECT>Considerations for Potential Future Therapeutic Use of Psychedelic Drugs; Public Hearing; Request for Comments</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Food and Drug Administration, HHS.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Public hearing; request for comments.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Food and Drug Administration (FDA, the Agency, or we) is announcing a public hearing on the potential future therapeutic use of psychedelic drugs. In collaboration with federal partners, FDA is holding this public hearing to obtain feedback and perspectives on issues associated with the potential future therapeutic use of drug products containing a psychedelic drug substance in supervised and supportive settings.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        The public hearing will be held with an in-person and virtual option (
                        <E T="03">i.e.,</E>
                         hybrid) on September 14, 2026, from 12:30 p.m. to 4:30 p.m. Eastern Time. Registration, including requests to present at the public hearing, must be completed through the meeting registration page at 
                        <E T="03">www.fda.gov/news-events/fda-meetings-conferences-and-workshops/considerations-potential-future-therapeutic-use-psychedelic-drugs-public-hearing-09142026</E>
                         by 11:59 p.m. Eastern Time on August 21, 2026. Questions about registration and participation should be sent to 
                        <E T="03">PsychedelicsHearing@fda.hhs.gov</E>
                         and should include the title of this notice. See the 
                        <E T="02">SUPPLEMENTARY INFORMATION</E>
                         section for attendance and registration information.
                    </P>
                    <P>
                        Comments may be submitted at any time until October 5, 2026. Comments received after that date will not be considered. See the 
                        <E T="02">ADDRESSES</E>
                         section for how to submit comments.
                    </P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P/>
                    <P>
                        <E T="03">Location:</E>
                         The public hearing will be held at the White Oak Great Room, 10903 New Hampshire Ave., Silver Spring, MD 20993. The entrance for public meeting participants (non-FDA employees) is through Building 1, where routine security check procedures will be performed. For security and parking information, please refer to 
                        <E T="03">https://www.fda.gov/about-fda/visitor-information/public-meeting-information</E>
                         and 
                        <E T="03">https://www.fda.gov/about-fda/visitor-information/visitor-parking-and-campus-map.</E>
                    </P>
                    <P>
                        Additional details, including any changes to the time of the public hearing and registration information, will be posted at 
                        <E T="03">www.fda.gov/news-events/fda-meetings-conferences-and-workshops/considerations-potential-future-therapeutic-use-psychedelic-drugs-public-hearing-09142026.</E>
                         The online web conference meeting link can be accessed at 
                        <E T="03">www.fda.gov/news-events/fda-meetings-conferences-and-workshops/considerations-potential-future-therapeutic-use-psychedelic-drugs-public-hearing-09142026</E>
                         on the day of the meeting.
                    </P>
                    <P>
                        You may submit comments as follows. The 
                        <E T="03">https://www.regulations.gov</E>
                         electronic filing system will accept comments until 11:59 p.m. Eastern Time on October 5, 2026. Comments received by mail/hand delivery/courier (for written/paper submissions) will be considered timely if they are received on or before that date.
                    </P>
                </ADD>
                <HD SOURCE="HD2">Electronic Submissions</HD>
                <P>Submit electronic comments in the following way:</P>
                <P>
                    • 
                    <E T="03">Federal eRulemaking Portal:</E>
                      
                    <E T="03">https://www.regulations.gov.</E>
                     Follow the instructions for submitting comments. Comments submitted electronically, including attachments, to 
                    <E T="03">https://www.regulations.gov</E>
                     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 
                    <E T="03">https://www.regulations.gov.</E>
                </P>
                <P>• 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”).</P>
                <HD SOURCE="HD2">Written/Paper Submissions</HD>
                <P>Submit written/paper submissions as follows:</P>
                <P>
                    • 
                    <E T="03">Mail/Hand Delivery/Courier (for written/paper submissions):</E>
                     Dockets Management Staff (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
                </P>
                <P>• For written/paper comments submitted to the Dockets Management Staff, FDA will post your comment, as well as any attachments, except for information submitted, marked and identified, as confidential, if submitted as detailed in “Instructions.”</P>
                <P>
                    <E T="03">Instructions:</E>
                     All submissions must include the Docket No. FDA-2026-N-7542 for “Considerations for Potential Future Therapeutic Use of Psychedelic Drugs; Public Hearing; Request for Comments.” Timely comments (see 
                    <E T="02">DATES</E>
                    ) will be placed in the docket and, except for those submitted as “Confidential Submissions,” publicly viewable at 
                    <E T="03">https://www.regulations.gov</E>
                     or at the Dockets Management Staff between 9 a.m. and 4 p.m., Monday through Friday, 240-402-7500.
                </P>
                <P>
                    • 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 
                    <PRTPAGE P="43096"/>
                    <E T="03">https://www.regulations.gov.</E>
                     Submit both copies to the Dockets Management Staff. If you do not wish your name and contact information to be made publicly available, you can provide this information on the cover sheet and not in the body of your comments and you must identify this information as “confidential.” Any information marked as “confidential” will not be disclosed except in accordance with 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: 
                    <E T="03">https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.</E>
                </P>
                <P>
                    <E T="03">Docket:</E>
                     For access to the docket to read background documents or the electronic and written/paper comments received, go to 
                    <E T="03">https://www.regulations.gov</E>
                     and insert the docket number, found in brackets in the heading of this document, into the “Search” box and follow the prompts, and/or go to the Dockets Management Staff, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852, 240-402-7500.
                </P>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Caroline Huang, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 51, Rm. 6117, Silver Spring, MD 20993-0002, 855-543-3784, 
                        <E T="03">PsychedelicsHearing@fda.hhs.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">I. Background</HD>
                <P>
                    FDA is responsible under the Federal Food, Drug, and Cosmetic Act (FD&amp;C Act) (21 U.S.C. 301 
                    <E T="03">et seq.</E>
                    ) and the Public Health Service Act for protecting and promoting the public health through the regulation of human drugs, biological products, medical devices, foods, and other products. FDA's oversight of drug products, including potential psychedelic drug products, spans preclinical investigation through the full lifecycle of an approved product. FDA remains committed to advancing innovation while upholding its public health mission to ensure that drugs are safe, effective, and of high quality. With respect to psychedelic drug development, FDA has made significant advances.
                </P>
                <P>In April 2026, FDA issued national priority vouchers to companies studying psilocybin for treatment-resistant depression (TRD), psilocybin for major depressive disorder (MDD), and methylone for post-traumatic stress disorder (PTSD) (U.S. Food and Drug Administration, 2026). Through enhanced regulatory engagement and streamlined review procedures, national priority vouchers are designed to significantly reduce review times for qualifying drug applications for products that align with critical U.S. national health priorities, while maintaining FDA's rigorous scientific and regulatory standards.</P>
                <P>FDA has also granted Breakthrough Therapy designation to specific psychedelic drug development programs, including MDMA for the treatment of PTSD (Multidisciplinary Association for Psychedelic Studies, 2017) and psilocybin for TRD (COMPASS Pathways, 2018) and MDD (Khan, 2019). Breakthrough Therapy designation facilitates and expedites the development and review of drugs intended to treat a serious or life-threatening disease or condition where preliminary clinical evidence indicates that the drug may demonstrate substantial improvement over available treatments on a clinically significant endpoint (U.S. Food and Drug Administration, 2018). Neither national priority voucher issuance nor Breakthrough Therapy designation constitutes an FDA determination of safety or effectiveness, and neither is a substitute for marketing approval.</P>
                <P>This hearing also supports implementation of Executive Order 14401 of April 18, 2026, “Accelerating Medical Treatments for Serious Mental Illness” (91 FR 21709, April 22, 2026), which establishes a policy of accelerating innovative research models and appropriate drug approvals to help increase access to psychedelic drugs for serious mental illness, and which directs HHS and FDA to collaborate with other federal departments and agencies, as appropriate and consistent with applicable law, to increase clinical trial participation, data sharing, and real-world evidence generation regarding psychedelic drugs.</P>
                <P>Given this background, and as part of that coordinated federal effort, FDA and federal partners seek input on considerations for the potential future therapeutic use of psychedelic drugs in supervised and supportive settings.</P>
                <HD SOURCE="HD1">II. Notice of Hearing Under Part 15</HD>
                <P>FDA will hold a public hearing consistent with 21 CFR part 15 (part 15) to provide the opportunity for the public to present information and views on the potential future therapeutic use of psychedelic drugs in supervised and supportive settings. The hearing will be conducted by a presiding officer, who will be accompanied by FDA panelists, including subject matter experts from the Center for Drug Evaluation and Research, as well as federal partner panelists. As provided in § 15.30(f) (21 CFR 15.30(f)), the hearing is informal, and the rules of evidence do not apply. No participant may interrupt the presentation of another participant. Only the presiding officer and panel members may pose questions; they may question any person during or at the conclusion of each presentation.</P>
                <P>Public hearings under part 15 are subject to FDA's policy and procedures for electronic media coverage of FDA's public administrative proceedings (21 CFR part 10, subpart C). Under 21 CFR 10.205, representatives of the media may be permitted, subject to certain limitations, to videotape, film, or otherwise record FDA's public administrative proceedings, including presentations by participants. The hearing will be transcribed as provided in § 15.30(b) (see also TRANSCRIPTS). To the extent that the conditions for the hearing, as described in this notice, conflict with any provisions set out in part 15, this notice acts as a waiver of those provisions as specified in § 15.30(h).</P>
                <HD SOURCE="HD1">III. Topics for Discussion at the Public Hearing</HD>
                <P>FDA and our federal partners are interested in public input on the potential future therapeutic use of psychedelic drugs in supervised and supportive settings, including the following topics: (1) provider training and credentialing, (2) promotion of patient safety, (3) considerations for access, and (4) best practices for data collection and standardization.</P>
                <P>Certain topics identified below implicate the authorities of other federal agencies or of states; FDA seeks this input to inform coordinated consideration and does not intend this notice to suggest FDA regulatory action outside our statutory authority. Input on operational, workforce, and access considerations may also inform understanding of how any measures to promote safe use could affect patient access to, and healthcare system capacity to deliver, these therapies.</P>
                <HD SOURCE="HD2">Provider Training and Credentialing</HD>
                <P>○ The evidence base for training and educational curricula, and the expert body(ies), if any, that would be expected to develop, review, or endorse them.</P>
                <P>
                    ○ Personnel and training needs by phase of care (screening and preparation, administration and monitoring, and follow-up), including minimum staffing during administration and monitoring and the roles and qualifications of non-prescriber personnel such as licensed counselors and peer support specialists.
                    <PRTPAGE P="43097"/>
                </P>
                <P>○ Training for care coordination across primary care, behavioral health, and specialty providers.</P>
                <P>○ Credentialing and licensure considerations, ranging from background education and experiential qualifications to supervision and practice hour requirements.</P>
                <HD SOURCE="HD2">• Promotion of Patient Safety</HD>
                <P>
                    ○ Best practices to promote patient safety, including patient education and counseling, assessment of side effects, and considerations of set and setting (
                    <E T="03">i.e.,</E>
                     mindset and environment).
                </P>
                <P>
                    ○ Topics that should be explicitly addressed in informed consent procedures, 
                    <E T="03">e.g.,</E>
                     the potential for an amplified power imbalance between patient and provider, the use of therapeutic touch, and the risk of psychological distress or a challenging psychedelic experience.
                </P>
                <P>
                    ○ Recommended practices to screen patients before treatment for medical and psychiatric conditions associated with greater risk of adverse outcomes (
                    <E T="03">e.g.,</E>
                     cardiovascular disease, psychosis, or suicidality).
                </P>
                <P>○ Strategies to mitigate potential diversion and non-medical use of psychedelic drugs, once approved by FDA.</P>
                <P>○ Mechanisms to prevent, detect, and report ethical violations by practitioners to appropriate authorities.</P>
                <P>○ Criteria for determining appropriate monitoring during and after drug administration, as well as coordination of post-administration follow-up, including with emergency and crisis response services where needed.</P>
                <HD SOURCE="HD2">
                    • 
                    <E T="03">Considerations for Access</E>
                </HD>
                <P>○ Evidence needs for coverage, benefit design, reimbursement, and payment models, including healthcare economic impact analyses.</P>
                <P>○ Preparation and coordination between providers and payors to enable appropriate access to services.</P>
                <P>○ Considerations for implementation of access to services, including workforce, space, scheduling, storage, security, and clinic capacity.</P>
                <P>○ Telehealth screening, follow-up, and care coordination.</P>
                <HD SOURCE="HD2">
                    • 
                    <E T="03">Best Practices for Data Collection and Standardization</E>
                </HD>
                <P>
                    ○ Creation of data repositories (
                    <E T="03">e.g.,</E>
                     Coordinated Registry Networks) that may inform real-world assessment of safety.
                </P>
                <P>○ Data sources and coordination across data sources—including electronic health records, insurance claims, registries, pharmacy data, adverse event reports, patient- and clinician-reported outcomes, national surveillance systems, federally funded surveys, and state programs for psychedelic use—to characterize both medical and non-medical use.</P>
                <P>
                    ○ Establishment of common data elements across data sources for drug, dosage, indication, setting, and patient characteristics (
                    <E T="03">e.g.,</E>
                     comorbidities).
                </P>
                <P>○ Approaches to defining, identifying, and reporting adverse events in the context of the acute and long-term effects of psychedelic drugs.</P>
                <P>○ Considerations for interoperability and linkages across healthcare delivery systems and settings, data quality, privacy-protection, and longitudinal follow-up.</P>
                <P>FDA is not seeking comment on the following topics: (1) the safety or effectiveness of any particular drug product, or the merits of any pending or anticipated application before the Agency; (2) the scheduling status of any substance under the Controlled Substances Act, which is addressed through separate statutory processes; (3) the legalization or decriminalization of psychedelic substances, or the merits of state or local programs authorizing their use, although FDA welcomes input on data collection from such programs as described above; (4) religious, ceremonial, or personal (non-medical) use of psychedelic substances; or (5) individual disputes, enforcement matters, or complaints regarding specific practitioners or entities. Comments and presentations addressing these topics may not be considered.</P>
                <HD SOURCE="HD1">IV. Participating in Public Hearing</HD>
                <P>
                    <E T="03">Registration:</E>
                     To register to attend the free public hearing, please visit the following website: 
                    <E T="03">www.fda.gov/news-events/fda-meetings-conferences-and-workshops/considerations-potential-future-therapeutic-use-psychedelic-drugs-public-hearing-09142026.</E>
                     Registration will open on July 13, 2026. Live closed captioning will be provided during the public hearing. Additional information on requests for special accommodations due to a disability will be provided during registration.
                </P>
                <P>
                    <E T="03">Requests to Present:</E>
                     During online registration, you may request to present information and views at the hearing. Each request to present must include: (1) the presenter's name, title, affiliation, and contact information; (2) the organizations or interests, if any, on whose behalf the presenter would appear, including disclosure of any financial relationships with entities developing, manufacturing, or expecting to provide products or services related to psychedelic drugs; and (3) the topic area(s) identified in section III that the presentation will address. Individuals and organizations with common interests are urged to consolidate or coordinate their presentations and to designate a single presenter.
                </P>
                <P>FDA anticipates that requests to present will exceed the time available. If so, FDA will select presenters and allot presentation time with the goal of having a broad representation of ideas and issues presented at the meeting. Following the close of registration, FDA will determine the time allotted to each presenter and the approximate start time of each presentation and will notify participants ahead of the hearing. All written requests for participation must be received by August 21, 2026, 11:59 p.m. Eastern Time. No commercial or promotional material will be permitted to be presented or distributed at the public hearing.</P>
                <P>
                    Selection to present at the meeting is not a prerequisite for having your views considered. Persons not selected to present, or who prefer not to present, may submit the same information as written or electronic comments to the docket (see 
                    <E T="02">ADDRESSES</E>
                    ), and FDA will consider timely written comments equally with oral presentations.
                </P>
                <P>
                    <E T="03">Transcripts:</E>
                     A transcript of the public hearing will be available at 
                    <E T="03">https://www.regulations.gov</E>
                     as soon as possible after the hearing and may be viewed at the Dockets Management Staff (see 
                    <E T="02">ADDRESSES</E>
                    ). A link to the transcript will also be available at 
                    <E T="03">www.fda.gov/news-events/fda-meetings-conferences-and-workshops/considerations-potential-future-therapeutic-use-psychedelic-drugs-public-hearing-09142026.</E>
                </P>
                <HD SOURCE="HD1">V. References</HD>
                <P>
                    The following references marked with an asterisk (*) are on display at the Dockets Management Staff (see 
                    <E T="02">ADDRESSES</E>
                    ) and are available for viewing by interested persons between 9 a.m. and 4 p.m., Monday through Friday; they also are available electronically at 
                    <E T="03">https://www.regulations.gov.</E>
                     FDA has verified the website addresses as of the date this document publishes in the 
                    <E T="04">Federal Register</E>
                    , but websites are subject to change over time.
                </P>
                <EXTRACT>
                    <P>
                        * COMPASS Pathways. (2018). COMPASS Pathways receives FDA Breakthrough Therapy designation for psilocybin therapy for treatment-resistant depression. Retrieved from 
                        <E T="03">https://ir.compasspathways.com/News--Events-/news/news-details/2018/COMPASS-Pathways-receives-FDA-Breakthrough-Therapy-designation-for-psilocybin-therapy-for-treatment-resistant-depression/default.aspx</E>
                    </P>
                    <P>
                        * Khan, T. (2019). Usona Institute's psilocybin receives the US FDA Breakthrough Therapy designation for major 
                        <PRTPAGE P="43098"/>
                        depressive disorder. Retrieved from 
                        <E T="03">https://www.usonainstitute.org/updates/fda-grants-breakthrough-therapy-designation-to-usona-institutes-psilocybin-program-for-major-depressive-disorder</E>
                    </P>
                    <P>
                        * Multidisciplinary Association for Psychedelic Studies. (2017). FDA grants Breakthrough Therapy designation for MDMA-assisted therapy for PTSD, agrees on Special Protocol Assessment for phase 3 trials. Retrieved from 
                        <E T="03">https://www.maps.org/news/media/6786-press-release-fda-grants-breakthrough-therapy-designation-for-mdma-assisted-psychotherapy-for-ptsd,-agrees-on-special-protocol-assessment-for-phase-3-trials</E>
                    </P>
                    <P>
                        * U.S. Food and Drug Administration. (2018). Breakthrough Therapy. Retrieved from 
                        <E T="03">https://www.fda.gov/patients/fast-track-breakthrough-therapy-accelerated-approval-priority-review/breakthrough-therapy</E>
                    </P>
                    <P>
                        * U.S. Food and Drug Administration. (2026). FDA accelerates action on treatments for serious mental illness following Executive Order. Retrieved from 
                        <E T="03">https://www.fda.gov/news-events/press-announcements/fda-accelerates-action-treatments-serious-mental-illness-following-executive-order</E>
                    </P>
                </EXTRACT>
                <SIG>
                    <NAME>Grace R. Graham,</NAME>
                    <TITLE>Deputy Commissioner for Policy, Legislation, and International Affairs.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-14155 Filed 7-13-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4164-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
                <SUBAGY>Food and Drug Administration</SUBAGY>
                <DEPDOC>[Docket No. FDA-2022-D-0080]</DEPDOC>
                <SUBJECT>Formal Meetings Between FDA and Sponsors or Requestors of Over-the-Counter Monograph Drugs</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Food and Drug Administration, HHS.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of availability.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Food and Drug Administration (FDA or Agency) is announcing the availability of a final guidance for industry titled “Formal Meetings Between FDA and Sponsors or Requestors of Over-the-Counter Monograph Drugs.” This guidance provides recommendations to industry on formal meetings between FDA and sponsors or requestors of over-the-counter (OTC) monograph drugs or organizations nominated by sponsors or requestors to represent their interests in a proceeding and discusses the procedures and principles for these formal meetings. This guidance finalizes the draft guidance of the same title issued on February 7, 2022. FDA is required to issue this guidance under the Federal Food, Drug, and Cosmetic Act (FD&amp;C Act).</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        The announcement of the guidance is published in the 
                        <E T="04">Federal Register</E>
                         on July 14, 2026.
                    </P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>You may submit either electronic or written comments on Agency guidances at any time as follows:</P>
                </ADD>
                <HD SOURCE="HD2">Electronic Submissions</HD>
                <P>Submit electronic comments in the following way:</P>
                <P>
                    • 
                    <E T="03">Federal eRulemaking Portal:</E>
                      
                    <E T="03">https://www.regulations.gov.</E>
                     Follow the instructions for submitting comments. Comments submitted electronically, including attachments, to 
                    <E T="03">https://www.regulations.gov</E>
                     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 
                    <E T="03">https://www.regulations.gov.</E>
                </P>
                <P>• 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”).</P>
                <HD SOURCE="HD2">Written/Paper Submissions</HD>
                <P>Submit written/paper submissions as follows:</P>
                <P>
                    • 
                    <E T="03">Mail/Hand delivery/Courier (for written/paper submissions):</E>
                     Dockets Management Staff (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
                </P>
                <P>• For written/paper comments submitted to the Dockets Management Staff, FDA will post your comment, as well as any attachments, except for information submitted, marked and identified, as confidential, if submitted as detailed in “Instructions.”</P>
                <P>
                    <E T="03">Instructions:</E>
                     All submissions received must include the Docket No. FDA-2022-D-0080 for “Formal Meetings Between FDA and Sponsors or Requestors of Over-the-Counter Monograph Drugs.” Received comments will be placed in the docket and, except for those submitted as “Confidential Submissions,” publicly viewable at 
                    <E T="03">https://www.regulations.gov</E>
                     or at the Dockets Management Staff between 9 a.m. and 4 p.m., Monday through Friday, 240-402-7500.
                </P>
                <P>
                    • 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 
                    <E T="03">https://www.regulations.gov.</E>
                     Submit both copies to the Dockets Management Staff. If you do not wish your name and contact information to be made publicly available, you can provide this information on the cover sheet and not in the body of your comments and you must identify this information as “confidential.” Any information marked as “confidential” will not be disclosed except in accordance with 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: 
                    <E T="03">https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.</E>
                </P>
                <P>
                    <E T="03">Docket:</E>
                     For access to the docket to read background documents or the electronic and written/paper comments received, go to 
                    <E T="03">https://www.regulations.gov</E>
                     and insert the docket number, found in brackets in the heading of this document, into the “Search” box and follow the prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852, 240-402-7500.
                </P>
                <P>You may submit comments on any guidance at any time (see 21 CFR 10.115(g)(5)).</P>
                <P>
                    Submit written requests for single copies of this guidance to the Division of Drug Information, Center for Drug Evaluation and Research, Food and Drug Administration, 10001 New Hampshire Ave., Hillandale Building, 4th Floor, Silver Spring, MD 20993-0002. Send one self-addressed adhesive label to assist that office in processing your requests. See the 
                    <E T="02">SUPPLEMENTARY INFORMATION</E>
                     section for electronic access to the guidance document.
                </P>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Phong Pham, Center for Drug Evaluation and Research (HFD-600), Food and Drug Administration, 10903 New Hampshire Ave., Silver Spring, MD 
                        <PRTPAGE P="43099"/>
                        20993-0002, 301-837-7656, 
                        <E T="03">Phong.Pham@fda.hhs.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">I. Background</HD>
                <P>
                    FDA is announcing the availability of a final guidance for industry titled “Formal Meetings Between FDA and Sponsors or Requestors of Over-the-Counter Monograph Drugs.” This guidance provides recommendations to industry on formal meetings between FDA and sponsors or requestors of nonprescription drugs without approved new drug applications that are governed by section 505G of the FD&amp;C Act (21 U.S.C. 355h) (hereafter referred to as OTC monograph drugs) or organizations nominated by sponsors or requestors to represent their interests in a proceeding. For the purposes of this guidance, a 
                    <E T="03">formal meeting</E>
                     includes any meeting that is requested by a sponsor or requestor of OTC monograph drugs (hereafter referred to collectively as meeting requester(s)) to obtain advice on the studies and other information necessary to support OTC monograph order submissions, to obtain advice on other matters relevant to OTC monograph drug regulation, or to obtain advice on OTC monograph drug development and includes meetings conducted in any format (
                    <E T="03">i.e.,</E>
                     hybrid in person face-to-face, virtual face-to-face video conference, teleconference, and written response only).
                </P>
                <P>Section 505G of the FD&amp;C Act was added by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), Public Law 116-136, 134 Stat. 281, 457, which was enacted on March 27, 2020. As required by section 505G(l) of the FD&amp;C Act (21 U.S.C. 355l), this guidance discusses the procedures and principles for formal meetings between FDA and meeting requesters. In doing so, and as required by section 505G(h) of the FD&amp;C Act, this guidance describes procedures under which meeting requesters can meet with appropriate FDA officials to obtain advice on the studies and other information necessary to support submissions under section 505G of the FD&amp;C Act, to obtain advice on other matters relevant to the regulation of nonprescription drugs, and to obtain advice on the development of new OTC monograph drugs. This guidance also applies to meetings with FDA to obtain advice on clinical investigations that may be conducted under an investigational new drug application (IND) where the purpose of the IND is to conduct a clinical investigation to support a determination of whether an OTC monograph condition is generally recognized as safe and effective under section 505G(b) of the FD&amp;C Act. As required by section 505G(i) of the FD&amp;C Act, this guidance also describes procedures to facilitate efficient participation in joint meetings by multiple meeting requesters and/or organizations nominated by them to represent their interests.</P>
                <P>This guidance does not apply to formal meetings for the development of nonprescription drug products intended for submission in new drug applications or abbreviated new drug applications under section 505 of the FD&amp;C Act.</P>
                <P>
                    In support of the CARES Act, FDA agreed to specific performance goals and procedures described in the document “Over-the-Counter Monograph User Fee Program Performance Goals and Procedures—Fiscal Years 2018-2022,” commonly referred to as the OMUFA Commitment Letter (the document can be accessed at 
                    <E T="03">https://www.fda.gov/media/106407/download</E>
                     and the document with updated goal dates for fiscal years 2021-2025 can be accessed at 
                    <E T="03">https://www.fda.gov/media/146283/download</E>
                    ). In the OMUFA Commitment Letter, FDA committed to issuing this guidance under specific timelines. Under the reauthorization of the Over-the-Counter Monograph User Fee Amendments (OMUFA) (Pub. L. 119-37, 139 Stat. 637), which was enacted on November 12, 2025, FDA continued to agree to specific performance goals and procedures as described in the document “Over-the-Counter Monograph Drug User Fee Program Performance Goals and Procedures—Fiscal Years 2026-2030 document (OMUFA II commitment letter) and to apply them to formal meetings between FDA staff and meeting requesters (the document can be accessed at 
                    <E T="03">https://www.fda.gov/media/182750/download</E>
                    ). The OMUFA II commitment letter includes updated meeting management goals for formal meetings that occur between FDA and meeting requesters, which are incorporated into this guidance.
                </P>
                <P>
                    This guidance finalizes the draft guidance titled “Formal Meetings Between FDA and Sponsors or Requestors of Over-the-Counter Monograph Drugs” issued on February 7, 2022 (87 FR 6877). FDA considered comments received on the draft guidance as the guidance was finalized. Changes from the draft guidance to the final guidance are primarily intended to improve clarity and to address comments. On our own initiative, we revised the guidance to apply to meetings with FDA to obtain advice on clinical investigations that may be conducted under an IND, where the purpose of the IND is to conduct a clinical investigation to support a determination of whether there are conditions under which a nonprescription drug is generally recognized as safe and effective. To conform to the OMUFA II commitment letter, FDA also made clarifying revisions to specify the requirements in order to qualify for specific meeting performance goals. For consistency and clarity, FDA clarified the meeting formats. To address commenters' concerns that FDA was limiting the number of Type Y meetings, which could affect OTC monograph order development, we explain that there are three different categories of Type Y meetings and that generally FDA will grant one Type Y meeting per category during the course of the meeting requester's OTC monograph order development program. On our own initiative, we revised the meetings formats (
                    <E T="03">i.e.,</E>
                     in person face-to-face, virtual face-to-face, teleconference, and written response only (WRO)) to better accommodate virtual and hybrid meetings. To address apparent commenter confusion, we removed the use of the term “OTC monograph industry working group” and replaced it with the term “joint meeting requester” to avoid confusion. To address commenter concerns about confidentiality, we clarified when information submitted to FDA in connection with formal meetings is considered confidential and when FDA would post information in connection with a formal meeting. To address commenter questions, we explained the process for meeting requesters to submit clarifying questions on information in the meeting minutes or WRO to FDA following their receipt.
                </P>
                <P>This guidance is being issued consistent with FDA's good guidance practices regulation (21 CFR 10.115). The guidance represents the current thinking of FDA on “Formal Meetings Between FDA and Sponsors or Requestors of Over-the-Counter Monograph Drugs.” 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.</P>
                <HD SOURCE="HD1">II. Paperwork Reduction Act of 1995</HD>
                <P>
                    Under section 505G(o) of the FD&amp;C Act, the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501-3521) does not apply to collections of information made under section 505G of the FD&amp;C Act. The information collections made in this guidance implement the provisions of three subsections of 
                    <PRTPAGE P="43100"/>
                    section 505G: (1) Section 505G(l)(1), which requires FDA to issue guidance that specifies the procedures and principles for formal meetings between FDA and sponsors or requestors for drugs subject to section 505G; (2) section 505G(h), which requires FDA to establish procedures under which meeting requestors can meet with appropriate FDA officials to obtain advice on the studies and other information necessary to support submissions under section 505G, other matters relevant to the regulation of nonprescription drugs, and the development of new nonprescription drugs under section 505G; and (3) section 505G(i), which requires FDA to, among other things, establish procedures to facilitate efficient participation in joint meetings by multiple meeting requesters and/or organizations nominated by them to represent their interests. Therefore, clearance by the Office of Management and Budget under the Paperwork Reduction Act of 1995 is not required for these collections of information.
                </P>
                <P>While this guidance contains no collection of information, it does refer to previously approved FDA collections of information subject to review by the Office of Management and Budget (OMB) under the PRA. The collections of information in 21 CFR 312 for investigational new drug applications have been approved under OMB control number 0910-0014. The collections of information in 21 CFR 201 subpart C for Labeling requirements for Over-the-Counter drugs and submission of OTC monograph fees have been approved under OMB control number 0910-0340. The information collections for OTC meetings and OTC information not exempted from PRA under section 505G of the FD&amp;C Act have been approved under OMB control number 0910-0340.</P>
                <HD SOURCE="HD1">III. Electronic Access</HD>
                <P>
                    Persons with access to the internet may obtain the draft guidance at 
                    <E T="03">https://www.fda.gov/drugs/guidance-compliance-regulatory-information/guidances-drugs, https://www.fda.gov/regulatory-information/search-fda-guidance-documents,</E>
                     or 
                    <E T="03">https://www.regulations.gov.</E>
                </P>
                <SIG>
                    <NAME>Grace R. Graham,</NAME>
                    <TITLE>Deputy Commissioner for Policy, Legislation, and International Affairs.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-14120 Filed 7-13-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4164-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
                <SUBAGY>Food and Drug Administration</SUBAGY>
                <DEPDOC>[Docket No. FDA-2022-D-2170]</DEPDOC>
                <SUBJECT>Topical Dermatologic Corticosteroids: In Vivo Bioequivalence; Guidance for Industry; Availability</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Food and Drug Administration, HHS.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of availability.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Food and Drug Administration (FDA or Agency) is announcing the availability of a final guidance for industry titled “Topical Dermatologic Corticosteroids: In Vivo Bioequivalence.” This guidance provides recommendations to applicants who submit abbreviated new drug applications (ANDAs) for topical dermatologic corticosteroids of all potency groups (referred to in this notice as topical corticosteroids). The guidance describes recommendations for an in vivo pharmacodynamic approach to demonstrate the bioequivalence (BE) of topical corticosteroids. This guidance provides clarity for potential ANDA applicants on the appropriate pilot dose duration vasoconstrictor response and pivotal vasoconstrictor BE studies and other recommendations for pharmacodynamic approaches to assess the BE of topical corticosteroids. This guidance finalizes the draft guidance of the same title “Topical Dermatologic Corticosteroids: In Vivo Bioequivalence” issued on October 24, 2022, and replaces the guidance for industry of the same title issued on June 2, 1995.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        The announcement of the guidance is published in the 
                        <E T="04">Federal Register</E>
                         on July 14, 2026.
                    </P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>You may submit either electronic or written comments on Agency guidances at any time as follows:</P>
                </ADD>
                <HD SOURCE="HD2">Electronic Submissions</HD>
                <P>Submit electronic comments in the following way:</P>
                <P>
                    • 
                    <E T="03">Federal eRulemaking Portal: https://www.regulations.gov.</E>
                     Follow the instructions for submitting comments. Comments submitted electronically, including attachments, to 
                    <E T="03">https://www.regulations.gov</E>
                     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 
                    <E T="03">https://www.regulations.gov.</E>
                </P>
                <P>• 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”).</P>
                <HD SOURCE="HD2">Written/Paper Submissions</HD>
                <P>Submit written/paper submissions as follows:</P>
                <P>
                    • 
                    <E T="03">Mail/Hand delivery/Courier (for written/paper submissions):</E>
                     Dockets Management Staff (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
                </P>
                <P>• For written/paper comments submitted to the Dockets Management Staff, FDA will post your comment, as well as any attachments, except for information submitted, marked and identified, as confidential, if submitted as detailed in “Instructions.”</P>
                <P>
                    <E T="03">Instructions:</E>
                     All submissions received must include the Docket No. FDA-2022-D-2170 for “Topical Dermatologic Corticosteroids: In Vivo Bioequivalence.” Received comments will be placed in the docket and, except for those submitted as “Confidential Submissions,” publicly viewable at 
                    <E T="03">https://www.regulations.gov</E>
                     or at the Dockets Management Staff between 9 a.m. and 4 p.m., Monday through Friday, 240-402-7500.
                </P>
                <P>
                    • 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 
                    <E T="03">https://www.regulations.gov.</E>
                     Submit both copies to the Dockets Management Staff. If you do not wish your name and contact information to be made publicly available, you can provide this information on the cover sheet and not in the body of your comments and you must identify this information as “confidential.” Any information marked 
                    <PRTPAGE P="43101"/>
                    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: 
                    <E T="03">https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.</E>
                </P>
                <P>
                    <E T="03">Docket:</E>
                     For access to the docket to read background documents or the electronic and written/paper comments received, go to 
                    <E T="03">https://www.regulations.gov</E>
                     and insert the docket number, found in brackets in the heading of this document, into the “Search” box and follow the prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852, 240-402-7500.
                </P>
                <P>You may submit comments on any guidance at any time (see 21 CFR 10.115(g)(5)).</P>
                <P>
                    Submit written requests for single copies of this guidance to the Division of Drug Information, Center for Drug Evaluation and Research, Food and Drug Administration, 10001 New Hampshire Ave., Hillandale Building, 4th Floor, Silver Spring, MD 20993-0002. Send one self-addressed adhesive label to assist that office in processing your requests. See the 
                    <E T="02">SUPPLEMENTARY INFORMATION</E>
                     section for electronic access to the guidance document.
                </P>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Susan Levine, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 75, Rm. 1674, Silver Spring, MD 20993-0002, 240-402-7936, 
                        <E T="03">Susan.Levine@fda.hhs.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">I. Background</HD>
                <P>FDA is announcing the availability of a guidance for industry titled “Topical Dermatologic Corticosteroids: In Vivo Bioequivalence.” This guidance provides recommendations to applicants who submit ANDAs for topical corticosteroids. This guidance describes recommendations for an in vivo pharmacodynamic approach to demonstrate the BE of topical corticosteroids.</P>
                <P>This guidance finalizes the draft guidance titled “Topical Dermatologic Corticosteroids: In Vivo Bioequivalence” issued on October 24, 2022 (87 FR 64229), and replaces the final guidance of the same title issued June 2, 1995. FDA considered comments received on the draft guidance as the guidance was finalized. Changes from the draft to the final guidance include clarifications noting that study subjects used for chromameter and operator qualification could differ from those enrolled in the pilot dose duration vasoconstrictor response and pivotal vasoconstrictor BE studies, and the addition of history of hypopigmentation as a subject exclusion criterion. In addition, editorial changes were made to improve clarity.</P>
                <P>This guidance is being issued consistent with FDA's good guidance practices regulation (21 CFR 10.115). The guidance represents the current thinking of FDA on “Topical Dermatologic Corticosteroids: In Vivo Bioequivalence.” 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.</P>
                <HD SOURCE="HD1">II. Paperwork Reduction Act of 1995</HD>
                <P>While this guidance contains no collection of information, it does refer to previously approved FDA collections of information. The previously approved collections of information are subject to review by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501-3521). The collections of information in 21 CFR 314 have been approved under OMB control number 0910-0001. The collections of information pertaining to controlled correspondence related to generic drug development have been approved under OMB control number 0910-0727.</P>
                <HD SOURCE="HD1">III. Electronic Access</HD>
                <P>
                    Persons with access to the internet may obtain the guidance at 
                    <E T="03">https://www.fda.gov/drugs/guidance-compliance-regulatory-information/guidances-drugs, https://www.fda.gov/regulatory-information/search-fda-guidance-documents,</E>
                     or 
                    <E T="03">https://www.regulations.gov.</E>
                </P>
                <SIG>
                    <NAME>Grace R. Graham,</NAME>
                    <TITLE>Deputy Commissioner for Policy, Legislation, and International Affairs.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-14119 Filed 7-13-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4164-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
                <SUBAGY>Food and Drug Administration</SUBAGY>
                <DEPDOC>[Docket No. FDA-2023-D-1987</DEPDOC>
                <SUBJECT>Psychedelic Drugs: Considerations for Clinical Investigations; Guidance for Industry; Availability</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Food and Drug Administration, HHS.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of availability.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        The Food and Drug Administration (FDA or Agency) is announcing the availability of a final guidance for industry titled “Psychedelic Drugs: Considerations for Clinical Investigations.” Because interest in the therapeutic potential of psychedelic drugs has been increasing and designing clinical trials to evaluate these compounds presents unique challenges, FDA developed the draft guidance to present foundational aspects for sponsors to consider. This final guidance provides general considerations for sponsors developing psychedelic drugs for the treatment of medical conditions (
                        <E T="03">e.g.,</E>
                         psychiatric disorders, substance use disorders) and discusses recommendations for clinical investigations psychedelic drugs. This guidance finalizes the draft guidance of the same title issued on June 26, 2023.
                    </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        The announcement of the guidance is published in the 
                        <E T="04">Federal Register</E>
                         on July 14, 2026.
                    </P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>You may submit either electronic or written comments on Agency guidances at any time as follows:</P>
                </ADD>
                <HD SOURCE="HD2">Electronic Submissions</HD>
                <P>Submit electronic comments in the following way:</P>
                <P>
                    • 
                    <E T="03">Federal eRulemaking Portal: https://www.regulations.gov.</E>
                     Follow the instructions for submitting comments. Comments submitted electronically, including attachments, to 
                    <E T="03">https://www.regulations.gov</E>
                     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 
                    <E T="03">https://www.regulations.gov.</E>
                </P>
                <P>• 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”).</P>
                <HD SOURCE="HD2">Written/Paper Submissions</HD>
                <P>Submit written/paper submissions as follows:</P>
                <P>
                    • 
                    <E T="03">Mail/Hand Delivery/Courier (for written/paper submissions):</E>
                     Dockets Management Staff (HFA-305), Food and 
                    <PRTPAGE P="43102"/>
                    Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
                </P>
                <P>• For written/paper comments submitted to the Dockets Management Staff, FDA will post your comment, as well as any attachments, except for information submitted, marked and identified, as confidential, if submitted as detailed in “Instructions.”</P>
                <P>
                    <E T="03">Instructions:</E>
                     All submissions received must include the Docket No. FDA-2023-D-1987 for “Psychedelic Drugs: Considerations for Clinical Investigations.” Received comments will be placed in the docket and, except for those submitted as “Confidential Submissions,” publicly viewable at 
                    <E T="03">https://www.regulations.gov</E>
                     or at the Dockets Management Staff between 9 a.m. and 4 p.m., Monday through Friday, 240-402-7500.
                </P>
                <P>
                    • 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 
                    <E T="03">https://www.regulations.gov.</E>
                     Submit both copies to the Dockets Management Staff. If you do not wish your name and contact information to be made publicly available, you can provide this information on the cover sheet and not in the body of your comments and you must identify this information as “confidential.” Any information marked as “confidential” will not be disclosed except in accordance with 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: 
                    <E T="03">https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.</E>
                </P>
                <P>
                    <E T="03">Docket:</E>
                     For access to the docket to read background documents or the electronic and written/paper comments received, go to 
                    <E T="03">https://www.regulations.gov</E>
                     and insert the docket number, found in brackets in the heading of this document, into the “Search” box and follow the prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852, 240-402-7500.
                </P>
                <P>You may submit comments on any guidance at any time (see 21 CFR 10.115(g)(5)).</P>
                <P>
                    Submit written requests for single copies of the final guidance to the Division of Drug Information, Center for Drug Evaluation and Research, Food and Drug Administration, 10001 New Hampshire Ave., Hillandale Building, 4th Floor, Silver Spring, MD 20993-0002. Send one self-addressed adhesive label to assist that office in processing your requests. See the 
                    <E T="02">SUPPLEMENTARY INFORMATION</E>
                     section for electronic access to the final guidance document.
                </P>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Kofi Ansah, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 22, Rm. 4334, Silver Spring, MD 20993-0002, 301-796-4158.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">I. Background</HD>
                <P>
                    FDA is announcing the availability of a final guidance for industry titled “Psychedelic Drugs: Considerations for Clinical Investigations.” This final guidance outlines general considerations for drug development programs considering the therapeutic potential of psychedelic drugs for the treatment of medical conditions (
                    <E T="03">e.g.,</E>
                     psychiatric disorders, substance use disorders). This final guidance applies to clinical trials on investigational products and addresses recommendations for study design, including considerations for data collection, data generation, and patient monitoring.
                </P>
                <P>This guidance finalizes the draft guidance of the same title issued on June 26, 2023 (88 FR 41407). FDA considered docket comments received in response to the draft guidance as part of this revision. To enhance clarity, a few revisions were made in this revised version.</P>
                <P>This guidance is being issued consistent with FDA's good guidance practices regulation (21 CFR 10.115). The guidance represents the current thinking of FDA on “Psychedelic Drugs: Considerations for Clinical Investigations.” 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.</P>
                <P>FDA considered the applicability of Executive Order 14192, per OMB guidance in M-25-20, and finds this action to be neither regulatory nor deregulatory.</P>
                <HD SOURCE="HD1">II. Paperwork Reduction Act of 1995</HD>
                <P>While this guidance contains no collection of information, it does refer to previously approved FDA collections of information. The previously approved collections of information are subject to review by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501-3521). The collections of information relating to the protection of human subjects and institutional review boards in 21 CFR parts 50 and 56 have been approved under OMB control number 0910-0130. The collections of information in 21 CFR parts 210 and 211 relating to current good manufacturing practice requirements for drugs and biologics have been approved under OMB control number 0910-0139. The collections of information in 21 CFR part 312 relating to the investigational new drug applications pathway, which includes clinical trials and clinical trial design, the submission of chemistry, manufacturing and controls information, study protocols, and pharmacological and toxicology information under 21 CFR 312.23, and IND safety reports under 21 CFR 312.32, as well as related meetings between sponsors or applicants and FDA or other communication with appropriate FDA officials to obtain advice on the studies and other information necessary to support submissions, have been approved under OMB control number 0910-0014. The collections of information in 21 CFR part 314 relating to the submission of new drug applications, including the submission of data from a clinical study or studies under 21 CFR 314.50(d)(5) and risk evaluation and mitigation strategies, as well as related meetings between sponsors or applicants and FDA or other communication with appropriate FDA officials to obtain advice on the studies and other information necessary to support submissions, have been approved under OMB control number 0910-0001. In addition, the guidance recommends the use of questionnaires to assess clinical trial subjects' expectations about potential drug effects and at the end of treatment to improve data interpretability. The collection of information from “individuals under treatment or clinical examination in connection with research or prophylaxis to prevent a clinical disorder, [or] direct treatment of that disorder . . .” is not subject to review by OMB under 5 CFR 1320.3(h)(5).</P>
                <HD SOURCE="HD1">III. Electronic Access</HD>
                <P>
                    Persons with access to the internet may obtain the guidance at 
                    <E T="03">
                        https://
                        <PRTPAGE P="43103"/>
                        www.fda.gov/drugs/guidance-compliance-regulatory-information/guidances-drugs, https://www.fda.gov/regulatory-information/search-fda-guidance-documents,
                    </E>
                     or 
                    <E T="03">https://www.regulations.gov.</E>
                </P>
                <SIG>
                    <NAME>Grace R. Graham,</NAME>
                    <TITLE>Deputy Commissioner for Policy, Legislation, and International Affairs.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-14158 Filed 7-13-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4164-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
                <SUBAGY>Health Resources &amp; Services Administration</SUBAGY>
                <SUBJECT>Request for Information, Training and Care Delivery Models for Safe Administration of Potential FDA-Approved Psychedelic Therapies in Ambulatory Clinical Settings</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Health Resources and Services Administration (HRSA), Department of Health and Human Services.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice, request for information.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>On April 18, 2026, President Trump issued Executive Order (E.O.) 14401, “Accelerating Medical Treatments for Serious Mental Illness”, acknowledging that individuals suffering from serious mental illness may not always respond to existing therapies. This request for information (RFI) solicits stakeholder feedback on training and care delivery models that could be used to ensure safe and effective delivery of potential future Food and Drug Administration (FDA)-approved psychedelic drugs, including drugs administered in ambulatory clinic settings, such as health centers and rural health clinics.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>To be assured consideration, comments must be received at one of the addresses provided below, by August 13, 2026.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        To request more information on this RFI, please contact Ashley Stultz and Ann Sheehy at 
                        <E T="03">informationRFI@hrsa.gov.</E>
                         When submitting comments or requesting information, please include the RFI title for reference.
                    </P>
                </FURINF>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>In commenting, refer to the RFI title. Comments, including mass comment submissions, must be submitted in one of the following two ways (please choose only one of the ways listed):</P>
                    <P>
                        1. 
                        <E T="03">Electronically.</E>
                         Starting July 14, 2026, you may submit electronic comments on this regulation to 
                        <E T="03">http://www.regulations.gov.</E>
                         Follow the “Submit a comment” instructions.
                    </P>
                    <P>
                        2. 
                        <E T="03">By regular mail.</E>
                         You may mail written comments to the following address: Health Resources and Services Administration, Department of Health and Human Services, 5600 Fishers Lane, Room 13N194, Rockville, MD 20857.
                    </P>
                    <P>Please allow sufficient time for mailed comments to be received before the close of the comment period.</P>
                    <P>
                        For information on viewing public comments, see the beginning of the 
                        <E T="02">SUPPLEMENTARY INFORMATION</E>
                         section.
                    </P>
                </ADD>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION: </HD>
                <P>
                    <E T="03">Inspection of Public Comments:</E>
                     All comments received before the close of the comment period are available for viewing by the public, including any personally identifiable or confidential business information that is included in a comment. All comments received before the close of the comment period will be posted on the following website as soon as possible after they have been received: 
                    <E T="03">http://www.regulations.gov.</E>
                     HRSA will not post on 
                    <E T="03">Regulations.gov</E>
                     public comments that make threats to individuals or institutions or suggest that the commenter will take actions to harm an individual. HRSA continues to encourage individuals not to submit duplicative comments. HRSA will post acceptable comments from multiple unique commenters even if the content is identical or nearly identical to other comments. HRSA encourages commenters to include supporting facts, research, and evidence in their comments. When doing so, commenters are encouraged to provide citations to the materials referenced, including active hyperlinks. Likewise, commenters who reference materials that have not been published are encouraged to upload relevant data collection instruments, data sets, and detailed findings as a part of their comment. Providing such citations and documentation will assist HRSA in analyzing the comments.
                </P>
                <HD SOURCE="HD1">I. Background</HD>
                <P>On April 18, 2026, President Trump issued Executive Order (E.O.) 14401, “Accelerating Medical Treatments for Serious Mental Illness”, acknowledging that individuals suffering from serious mental illness may not always respond to existing therapies, and emphasizing the importance of exploring psychedelic therapies as new treatment options. This RFI solicits stakeholder feedback on recommended training and care delivery models that could be used to ensure safe and effective delivery of any potential future FDA-approved psychedelic drugs. In particular, HRSA has interest in ensuring that patients in medically underserved communities have access to these therapies, if approved, and request stakeholder feedback on how psychedelics might be delivered in these settings, including ambulatory clinics such as health centers. HRSA also requests input on workforce training in psychedelic care delivery.</P>
                <HD SOURCE="HD1">II. Solicitation of Public Comments</HD>
                <P>While HRSA accepts all relevant input, we are specifically inviting responses on the following topics, noting this RFI does not necessarily solicit comments on the full scope of topics related to psychedelic therapy. When responding, please provide clear explanations along with detailed responses, including protocols, publications, data and any other relevant materials that may assist HRSA in this RFI.</P>
                <HD SOURCE="HD1">Workforce Training</HD>
                <P>HRSA recognizes that clinical delivery of psychedelic therapies in health care delivery sites must start with counseling and identification of appropriate patients for such therapies prior to administration of the drug. There also must be appropriate follow up in place following the administration of a psychedelic drug. Although these phases may not be mutually exclusive or entirely distinct, for the purposes of the RFI we are asking questions about training requirements in each of these three phases:</P>
                <P>
                    • 
                    <E T="03">Pre-administration patient eligibility, screening and counseling:</E>
                     What training should be required of providers counseling, screening, and identifying patients eligible for psychedelic therapy? Should a broad screening process and a more detailed diagnostic assessment be conducted as two separate activities (and if so, provided by different individuals) or combined into a single screening session? What competencies do providers need to achieve to serve patients in this phase of care? Should providers be required to have a professional degree (social work, psychologist, other)? Should providers be required to have a medical degree (physician, nurse practitioner, physician assistant, nurse, other), or not (peers or other trained non-professionals)? Is telehealth an appropriate means of screening and identifying patients for these therapies, and counseling patients on what to expect during psychedelic administration? How do multiple providers (
                    <E T="03">e.g.,</E>
                     primary care and behavioral health providers) communicate plans for psychedelic therapies and/or collaborate to provide psychedelic therapies?
                </P>
                <P>
                    • 
                    <E T="03">In-clinic day of drug administration:</E>
                     What training should be 
                    <PRTPAGE P="43104"/>
                    required of providers administering psychedelic therapies in an ambulatory clinic setting? What competencies do providers need to achieve to serve patients in this phase of care? Should providers be required to have a professional degree (social work, psychologist, other), or not (peers or other trained non-professionals)? Should providers be required to have a medical degree (physician, nurse practitioner, physician assistant, nurse, other)? Is there a need for a state licensing requirement for providers? Is telehealth and/or remote monitoring an acceptable means of caring for patients during drug administration and observation in clinic?
                </P>
                <P>
                    • 
                    <E T="03">Post-administration follow up:</E>
                     What training should be required of providers caring for patients in follow up of psychedelic administration in the days and weeks that follow? Should providers have specialized training in evidence-based psychotherapy keyed to the specific intervention administered? Should providers be required to have a professional degree (social work, psychologist, other), or not (peers or other trained non-professionals)? Should providers be required to have a medical degree (physician, nurse practitioner, physician assistant, nurse, other)? Is telehealth an appropriate means of conducting follow-up?
                </P>
                <P>
                    • 
                    <E T="03">General training/supervision:</E>
                     What training models would be most effective (
                    <E T="03">e.g.,</E>
                     didactic, simulation-based, supervised practicum, apprenticeship, certification)? How should supervision requirements differ across provider types, if any?
                </P>
                <HD SOURCE="HD1">Federally Qualified Health Centers, Certified Community Behavioral Health Clinics, Rural Health Clinics, and Other Ambulatory Clinic Settings</HD>
                <P>Patients living in medically underserved communities often have disparate access to new therapies, and improving access to future FDA-approved psychedelic therapies is an Administration priority. HRSA is exploring how HRSA can provide technical assistance and guidance to assist Federally Qualified Health Centers, Certified Community Behavioral Health Clinics, and Rural Health Clinics to be able to safely and effectively administer psychedelic therapies in order to reach medically underserved populations. To understand what may be needed in such settings, HRSA requests responses to the following:</P>
                <P>• What should be the basic (essential) requirements for safe administration of psychedelic therapies in ambulatory clinic settings, like health centers?</P>
                <P>• What are the ideal environmental and situational features desired in a clinic setting to optimize therapeutic outcomes? Which of these features are essential, and which are more “nice to have”?</P>
                <P>• Should a licensed medical provider (physician, nurse practitioner, physician assistant, etc.) medically evaluate a patient prior to drug administration? Should a medical provider be available on site during a psychedelic treatment session?</P>
                <P>• How many trained providers should be physically present on-site per patient receiving psychedelic therapy?</P>
                <P>• Is telehealth or remote (off-site) monitoring an acceptable model for psychedelic drug therapy, either alone or in combination with an on-site provider?</P>
                <P>• Should health centers be required to achieve certification to deliver psychedelic drugs?</P>
                <P>• Should requirements be different for different formulations?</P>
                <P>• How might implementation of the care delivery model affect workforce productivity and clinic capacity?</P>
                <P>• What facility, storage, security, and inventory-control requirements would be necessary for health centers to satisfy legal requirements and to safely receive, store, manage, and administer psychedelic medications, and what challenges would health centers face in meeting those requirements?</P>
                <P>• How should clinic organization or operations be adapted to provide psychedelic therapies?</P>
                <HD SOURCE="HD1">Technology-Enabled Scalability</HD>
                <P>The labor-intensive nature of psychedelic therapy poses a significant challenge to scaling these therapies in medically underserved communities, where workforce shortages are most acute. HRSA is interested in whether and how artificial intelligence (AI), digital health tools, and other technologies might safely expand access and capacity without compromising patient safety. HRSA seeks information related to the following:</P>
                <P>• Could tools, including AI technology, support patient screening, eligibility determination, risk stratification, or detection of contraindications? What human oversight should be required, and what are the limits of automated screening for this population?</P>
                <P>
                    • Could AI-enabled monitoring (
                    <E T="03">e.g.,</E>
                     automated detection of physiological or behavioral signs of distress) augment or partially substitute for continuous in-person observation during administration, and under what conditions? What safeguards would be essential, recognizing that patients may be acutely vulnerable and unable to self-advocate?
                </P>
                <P>
                    • Could AI-supported tools (
                    <E T="03">e.g.,</E>
                     integration aids, symptom tracking, conversational support) extend clinician-led follow up and integration?
                </P>
                <P>
                    • Could AI and simulation-based tools (
                    <E T="03">e.g.,</E>
                     virtual standardized patients, scenario-based training) accelerate or standardize workforce training, particularly in rural and medically underserved settings?
                </P>
                <P>• Which technology-enabled models offer the greatest potential to expand access in health centers, Certified Community Behavioral Health Clinics, and Rural Health Clinics while maintaining safety, and could they widen or narrow existing disparities?</P>
                <HD SOURCE="HD1">III. Collection of Information Requirements</HD>
                <P>
                    Please note, this is an RFI only. In accordance with the implementing regulations of the Paperwork Reduction Act of 1995 (PRA), specifically 5 CFR 1320.3(h)(4), this general solicitation is exempt from the PRA. Facts or opinions submitted in response to general solicitations of comments from the public, published in the 
                    <E T="04">Federal Register</E>
                     or other publications, regardless of the form or format thereof, provided that no person is required to supply specific information pertaining to the commenter, other than that necessary for self-identification, as a condition of the agency's full consideration, are not generally considered information collections and therefore not subject to the PRA.
                </P>
                <P>This RFI is issued solely for information and planning purposes; it does not constitute a request for proposals, applications, proposal abstracts, or quotations. This RFI does not commit the U.S. Government to contract for any supplies or services or make a grant award. Further, HRSA is not seeking proposals through this RFI and will not accept unsolicited proposals. Respondents are advised that the U.S. Government will not pay for any information or administrative costs incurred in response to this RFI; all costs associated with responding to this RFI will be solely at the interested party's expense. In addition, HRSA will not respond to questions related to policy issues raised in this RFI.</P>
                <P>
                    HRSA will actively consider all input as we develop future policy. This RFI should not be construed as a commitment or authorization to incur cost for which reimbursement would be required or sought. All submissions become U.S. Government property and will not be returned. In addition, HRSA 
                    <PRTPAGE P="43105"/>
                    shall publicly post the public comments received in their entirety.
                </P>
                <SIG>
                    <NAME>Ann M. Sheehy,</NAME>
                    <TITLE>Principal Deputy Administrator.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-14146 Filed 7-13-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4165-15-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
                <SUBAGY>Health Resources and Services Administration</SUBAGY>
                <SUBJECT>National Vaccine Injury Compensation Program; List of Petitions Received</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Health Resources and Services Administration (HRSA), Department of Health and Human Services (HHS).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>HRSA is publishing this notice of petitions received under the National Vaccine Injury Compensation Program (the Program), as required by the Public Health Service (PHS) Act, as amended. While the Secretary of HHS is named as the respondent in all proceedings brought by the filing of petitions for compensation under the Program, the United States Court of Federal Claims is charged by statute with responsibility for considering and acting upon the petitions.</P>
                </SUM>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        For information about requirements for filing petitions, and the Program in general, contact Lisa L. Reyes, Clerk of Court, United States Court of Federal Claims, 717 Madison Place NW, Washington, DC 20005, (202) 357-6400. For information on HRSA's role in the Program, contact the Director, Division of Injury Compensation Programs, 5600 Fishers Lane, Room 8W-25A, Rockville, Maryland 20857; 1-800-338-2382, or visit our website at: 
                        <E T="03">https://www.hrsa.gov/vaccine-compensation.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    The Program provides a system of no-fault compensation for certain individuals who have been injured by specified childhood vaccines. Subtitle 2 of Title XXI of the PHS Act, 42 U.S.C. 300aa-10 
                    <E T="03">et seq.,</E>
                     provides that those seeking compensation are to file a petition with the United States Court of Federal Claims and to serve a copy of the petition to the Secretary of HHS, who is named as the respondent in each proceeding. The Secretary has delegated this responsibility under the Program to HRSA. The Court is directed by statute to appoint special masters who take evidence, conduct hearings as appropriate, and make initial decisions as to eligibility for, and amount of, compensation.
                </P>
                <P>A petition may be filed with respect to injuries, disabilities, illnesses, conditions, and deaths resulting from vaccines described in the Vaccine Injury Table (the Table) set forth at 42 CFR 100.3. This Table lists for each covered childhood vaccine the conditions that may lead to compensation and, for each condition, the time period for occurrence of the first symptom or manifestation of onset or of significant aggravation after vaccine administration. Compensation may also be awarded for conditions not listed in the Table and for conditions that are manifested outside the time periods specified in the Table, but only if the petitioner shows that the condition was caused by one of the listed vaccines.</P>
                <P>
                    Section 2112(b)(2) of the PHS Act, 42 U.S.C. 300aa-12(b)(2), requires that “[w]ithin 30 days after the Secretary receives service of any petition filed under section 2111 the Secretary shall publish notice of such petition in the 
                    <E T="04">Federal Register</E>
                    .” Set forth below is a list of petitions received by HRSA on June 1, 2026, through June 30, 2026. This list provides the name of the petitioner, city, and state of vaccination (if unknown then the city and state of the person or attorney filing the claim), and case number. In cases where the Court has redacted the name of a petitioner and/or the case number, the list reflects such redaction.
                </P>
                <P>Section 2112(b)(2) also provides that the special master “shall afford all interested persons an opportunity to submit relevant, written information” relating to the following:</P>
                <P>1. The existence of evidence “that there is not a preponderance of the evidence that the illness, disability, injury, condition, or death described in the petition is due to factors unrelated to the administration of the vaccine described in the petition,” and</P>
                <P>2. Any allegation in a petition that the petitioner either:</P>
                <P>a. “[S]ustained, or had significantly aggravated, any illness, disability, injury, or condition not set forth in the Vaccine Injury Table but which was caused by” one of the vaccines referred to in the Table, or</P>
                <P>b. “[S]ustained, or had significantly aggravated, any illness, disability, injury, or condition set forth in the Vaccine Injury Table the first symptom or manifestation of the onset or significant aggravation of which did not occur within the time period set forth in the Table but which was caused by a vaccine” referred to in the Table.</P>
                <P>
                    In accordance with Section 2112(b)(2), all interested persons may submit written information relevant to the issues described above in the case of the petitions listed below. Any person choosing to do so should file an original and three copies of the information with the Clerk of the United States Court of Federal Claims at the address listed above (under the heading 
                    <E T="02">For Further Information Contact</E>
                    ), with a copy to HRSA addressed to Director, Division of Injury Compensation Programs, Health Systems Bureau, 5600 Fishers Lane, 8W-25A, Rockville, Maryland 20857. The Court's caption (
                    <E T="03">Petitioner's Name</E>
                     v. 
                    <E T="03">Secretary of HHS</E>
                    ) and the docket number assigned to the petition should be used as the caption for the written submission. Chapter 35 of Title 44, United States Code, related to paperwork reduction, does not apply to information required for purposes of carrying out the Program.
                </P>
                <SIG>
                    <NAME>Thomas J. Engels,</NAME>
                    <TITLE>Administrator.</TITLE>
                </SIG>
                <HD SOURCE="HD1">List of Petitions Filed</HD>
                <EXTRACT>
                    <FP SOURCE="FP-2">1. Kylie Vizzusi, Carson City, Nevada, Court of Federal Claims No: 26-0799V</FP>
                    <FP SOURCE="FP-2">2. Mary Scott, Mesquite, Texas, Court of Federal Claims No: 26-0800V</FP>
                    <FP SOURCE="FP-2">3. Sergio Tavarez, West Lawn, Pennsylvania, Court of Federal Claims No: 26-0801V</FP>
                    <FP SOURCE="FP-2">4. Amber Campbell, Woodridge, Illinois, Court of Federal Claims No: 26-0802V</FP>
                    <FP SOURCE="FP-2">5. Rachel Seeds, Alisa Viejo, California, Court of Federal Claims No: 26-0805V</FP>
                    <FP SOURCE="FP-2">6. Michael Degarmo, Mustang, Oklahoma, Court of Federal Claims No: 26-0806V</FP>
                    <FP SOURCE="FP-2">7. Latoya Kennedy, Bellingham, Washington, Court of Federal Claims No: 26-0807V</FP>
                    <FP SOURCE="FP-2">8. Annamarie Tesoro Porter, Solvang, California, Court of Federal Claims No: 26-0810V</FP>
                    <FP SOURCE="FP-2">9. Hazel Nicholson, Pensacola, Florida, Court of Federal Claims No: 26-0811V</FP>
                    <FP SOURCE="FP-2">10. Jael Narain Mendoza, Kaplan, Louisiana, Court of Federal Claims No: 26-0815V</FP>
                    <FP SOURCE="FP-2">11. Brenda Thompson, Menomonee, Wisconsin, Court of Federal Claims No: 26-0816V</FP>
                    <FP SOURCE="FP-2">12. Elmo Peyton, Boscobel, Wisconsin, Court of Federal Claims No: 26-0817V</FP>
                    <FP SOURCE="FP-2">13. Gayle Hermann, Philadelphia, Pennsylvania, Court of Federal Claims No: 26-0818V</FP>
                    <FP SOURCE="FP-2">14. Joan Cornish, Phoenix, Arizona, Court of Federal Claims No: 26-0819V</FP>
                    <FP SOURCE="FP-2">15. Jennifer Jangula, Woodridge, Illinois, Court of Federal Claims No: 26-0821V</FP>
                    <FP SOURCE="FP-2">16. Ivan Ekblom, Grants Pass, Oregon, Court of Federal Claims No: 26-0823V</FP>
                    <FP SOURCE="FP-2">17. Kelly Rothenberger, Washington, District of Columbia, Court of Federal Claims No: 26-0824V</FP>
                    <FP SOURCE="FP-2">18. Mai Takieng, Petaluma, California, Court of Federal Claims No: 26-0825V</FP>
                    <FP SOURCE="FP-2">19. Tanisha Williams, Woodridge, Illinois, Court of Federal Claims No: 26-0826V</FP>
                    <FP SOURCE="FP-2">20. Georgine Cwynar, Machesney Park, Illinois, Court of Federal Claims No: 26-0827V</FP>
                    <FP SOURCE="FP-2">21. Joseph Pires, Wareham, Massachusetts, Court of Federal Claims No: 26-0829V</FP>
                    <FP SOURCE="FP-2">
                        22. Anna Severina, East Meadow, New Jersey, Court of Federal Claims No: 26-
                        <PRTPAGE P="43106"/>
                        0830V
                    </FP>
                    <FP SOURCE="FP-2">23. Alice Chavez, Rio Rancho, New Mexico, Court of Federal Claims No: 26-0831V</FP>
                    <FP SOURCE="FP-2">24. Katie Sparks, Encinitas, California, Court of Federal Claims No: 26-0832V</FP>
                    <FP SOURCE="FP-2">25. Robert Hodson, Staten Island, New York, Court of Federal Claims No: 26-0833V</FP>
                    <FP SOURCE="FP-2">26. Meredith Crowley, Brooklyn, New York, Court of Federal Claims No: 26-0834V</FP>
                    <FP SOURCE="FP-2">27. Yoonjin Shu, Los Angeles, California, Court of Federal Claims No: 26-0835V</FP>
                    <FP SOURCE="FP-2">28. Hamilton Lombard, Charlottesville, Virginia, Court of Federal Claims No: 26-0836V</FP>
                    <FP SOURCE="FP-2">29. April Moses, Kernersville, North Carolina, Court of Federal Claims No: 26-0837V</FP>
                    <FP SOURCE="FP-2">30. Skye Padilla, Sun City, Arizona, Court of Federal Claims No: 26-0838V</FP>
                    <FP SOURCE="FP-2">31. Erica Jesters on behalf of M.V., Towson, Maryland, Court of Federal Claims No: 26-0839V</FP>
                    <FP SOURCE="FP-2">32. Justin Malecki on behalf of A.M., Denton, Maryland, Court of Federal Claims No: 26-0840V</FP>
                    <FP SOURCE="FP-2">33. Mark Burton, New York, New York, Court of Federal Claims No: 26-0841V</FP>
                    <FP SOURCE="FP-2">34. Anne Guinane, Chicago, Illinois, Court of Federal Claims No: 26-0850V</FP>
                    <FP SOURCE="FP-2">35. Marie Therese Boylan, Seminole, Florida, Court of Federal Claims No: 26-0851V</FP>
                    <FP SOURCE="FP-2">36. Brenda Nevins, Appleton, Wisconsin, Court of Federal Claims No: 26-0852V</FP>
                    <FP SOURCE="FP-2">37. Kristopher Leitzinger, Manitowoc, Wisconsin, Court of Federal Claims No: 26-0854V</FP>
                    <FP SOURCE="FP-2">38. Keely Hess, Washington, District of Columbia, Court of Federal Claims No: 26-0856V</FP>
                    <FP SOURCE="FP-2">39. Erika Ecdao, Washington, District of Columbia, Court of Federal Claims No: 26-0857V</FP>
                    <FP SOURCE="FP-2">40. Sara Smith, San Diego, California, Court of Federal Claims No: 26-0859V</FP>
                    <FP SOURCE="FP-2">41. Andrea McQuarrie, Swansea, Massachusetts, Court of Federal Claims No: 26-0860V</FP>
                    <FP SOURCE="FP-2">42. Carol Sample, Austin, Texas, Court of Federal Claims No: 26-0862V</FP>
                    <FP SOURCE="FP-2">43. Gulrukh Urunova, Philadelphia, Pennsylvania, Court of Federal Claims No: 26-0865V</FP>
                    <FP SOURCE="FP-2">44. Victoria Anthony, Dresher, Pennsylvania, Court of Federal Claims No: 26-0868V</FP>
                    <FP SOURCE="FP-2">45. Lisa Sackie, Signal Hill, California, Court of Federal Claims No: 26-0869V</FP>
                    <FP SOURCE="FP-2">46. Margarita Harrington, Woodridge, Illinois, Court of Federal Claims No: 26-0871V</FP>
                    <FP SOURCE="FP-2">47. Paul Montalto, Fairfax, Virginia, Court of Federal Claims No: 26-0872V</FP>
                    <FP SOURCE="FP-2">48. Sue Santavicca, Washington, District of Columbia, Court of Federal Claims No: 26-0873V</FP>
                    <FP SOURCE="FP-2">49. Amanda Weiss, Mundelein, Illinois, Court of Federal Claims No: 26-0874V</FP>
                    <FP SOURCE="FP-2">50. Sandra Yelle, Washington, District of Columbia, Court of Federal Claims No: 26-0875V</FP>
                    <FP SOURCE="FP-2">51. Mary Whitten, Louisville, Kentucky, Court of Federal Claims No: 26-0876V</FP>
                    <FP SOURCE="FP-2">52. Sheila Tripp, Englewood, New Jersey, Court of Federal Claims No: 26-0877V</FP>
                    <FP SOURCE="FP-2">53. Melissa Sosa, Raymondville, Texas, Court of Federal Claims No: 26-0879V</FP>
                    <FP SOURCE="FP-2">54. Hailee Toney, Spring Hill, Tennessee, Court of Federal Claims No: 26-0881V</FP>
                    <FP SOURCE="FP-2">55. Jessica De La Torre, Chicago, Illinois, Court of Federal Claims No: 26-0882V</FP>
                    <FP SOURCE="FP-2">56. Sissie Hasaio, Chicago, Illinois, Court of Federal Claims No: 26-0883V</FP>
                    <FP SOURCE="FP-2">57. Alma Gonzalez, Dresher, Pennsylvania, Court of Federal Claims No: 26-0884V</FP>
                    <FP SOURCE="FP-2">58. Korey Hunsinger, Aventura, Florida, Court of Federal Claims No: 26-0888V</FP>
                    <FP SOURCE="FP-2">59. Lindsay Alberti, Woodridge, Illinois, Court of Federal Claims No: 26-0889V</FP>
                    <FP SOURCE="FP-2">60. Masika Bryce, Altamonte Springs, Florida, Court of Federal Claims No: 26-0890V</FP>
                    <FP SOURCE="FP-2">61. Edward Hennessy, Washington, District of Columbia, Court of Federal Claims No: 26-0891V</FP>
                    <FP SOURCE="FP-2">62. Yosan Kubrom, New York, New York, Court of Federal Claims No: 26-0893V</FP>
                    <FP SOURCE="FP-2">63. Tonja Boehm Morse, Revere, Massachusetts, Court of Federal Claims No: 26-0895V</FP>
                    <FP SOURCE="FP-2">64. William Harrington, Pineville, Louisiana, Court of Federal Claims No: 26-0896V</FP>
                    <FP SOURCE="FP-2">65. Justin Sowders on behalf of the estate of W.S., Deceased, Middleburg Heights, Ohio, Court of Federal Claims No: 26-0897V</FP>
                    <FP SOURCE="FP-2">66. Samantha Miller, Dresher, Pennsylvania, Court of Federal Claims No: 26-0902V</FP>
                    <FP SOURCE="FP-2">67. Valerie Mirwaldt, Fort Wayne, Indiana, Court of Federal Claims No: 26-0904V</FP>
                    <FP SOURCE="FP-2">68. Tanya Burnam, Nashville, Tennessee, Court of Federal Claims No: 26-0905V</FP>
                    <FP SOURCE="FP-2">69. Wendy Doney, Chicago, Illinois, Court of Federal Claims No: 26-0910V</FP>
                    <FP SOURCE="FP-2">70. Leigh-Anne Marie Rockower, Glens Falls, New York, Court of Federal Claims No: 26-0912V</FP>
                    <FP SOURCE="FP-2">71. Shareef Childs, Stanley, Wisconsin, Court of Federal Claims No: 26-0913V</FP>
                    <FP SOURCE="FP-2">72. Socorro Alvarado-Silva, Milwaukee, Wisconsin, Court of Federal Claims No: 26-0914V</FP>
                    <FP SOURCE="FP-2">73. Arvindh Kanagasundram, Nashville, Tennessee, Court of Federal Claims No: 26-0915V,</FP>
                    <FP SOURCE="FP-2">74. Stacy Jean, Coral Springs, Florida, Court of Federal Claims No: 26-0920V</FP>
                    <FP SOURCE="FP-2">75. Tamara Dobbins, Chicago, Illinois, Court of Federal Claims No: 26-0921V</FP>
                </EXTRACT>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-14099 Filed 7-13-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4165-15-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
                <SUBAGY>National Institutes of Health</SUBAGY>
                <SUBJECT>Government-Owned Inventions; Availability for Licensing</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>National Institutes of Health, HHS.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The National Institute of Allergy and Infectious Diseases (NIAID), an institute of the National Institutes of Health (NIH), Department of Health and Human Services (HHS), is giving notice of the invention listed below, which is owned by an agency of the U.S. Government and is available for licensing to achieve expeditious commercialization of results of federally funded research and development. Foreign patent applications are filed on selected inventions to extend market coverage for companies and may also be available for licensing.</P>
                </SUM>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Inquiries related to this licensing opportunity should be directed to: Yogikala Prabhu at 202-365-4785, or 
                        <E T="03">yogikala.prabhu@nih.gov.</E>
                         Licensing information may be obtained by communicating with the Technology Transfer and Intellectual Property Office, National Institute of Allergy and Infectious Diseases, 5601 Fishers Lane, Rockville, MD 20852: tel. 301-496-2644. A signed Confidential Disclosure Agreement will be required to receive copies of unpublished information related to the invention.
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>Technology description follows:</P>
                <HD SOURCE="HD1">Characterization of Novel Pan Anti-HLA Antibodies That Block LILR Inhibitory Receptors and Activate Anti-Tumor Immunity</HD>
                <HD SOURCE="HD2">Description of Technology</HD>
                <P>Cancer immunotherapy has transformed treatment for some patients, but many tumors still do not respond well to current options, including checkpoint inhibitors. Researchers at NIAID's Laboratory of Immune System Biology (LISB) have developed new antibodies designed to help the immune system fight tumors. These lab-made antibodies, called pan-anti-HLA monoclonal antibodies, block signals that can limit immune cell activity.</P>
                <P>These signals are part of a pathway that regulates immune responses. In this pathway, inhibitory receptors in the leukocyte immunoglobulin-like receptor (LILR) family, found on many immune cells like natural killer (NK) cells and T cells, act like a brake when they interact with molecules called MHC-I. The antibodies are designed to block this interaction and release that brake. Earlier studies showed that antibodies targeting this interaction could activate both innate immunity, the body's first line of defense, and adaptive immunity, the part of the immune system that builds more targeted responses and immune memory.</P>
                <P>
                    The new pan anti-HLA antibodies 3C10 and 15B1 block LILR interactions by binding to a different site on MHC-I than previously developed antibodies DX17 and W6/32. They also bind more than 50 times better and activate human NK and T cells for tumor control. To support development of next-generation checkpoint therapies, researchers will 
                    <PRTPAGE P="43107"/>
                    further evaluate the 3C10 and 15B1 antibodies in animal and tissue-based models.
                </P>
                <P>This technology is available for licensing for commercial development in accordance with 35 U.S.C. 209 and 37 CFR part 404, as well as for further development and evaluation under a research collaboration.</P>
                <P>
                    <E T="03">Potential Commercial Applications:</E>
                </P>
                <P>• An antibody-based cancer immunotherapy that helps release immune “brakes” on tumor-fighting cells.</P>
                <P>• A next-generation checkpoint therapy that could be used alone or with other immunotherapies, including CAR-T or CAR-NK cells.</P>
                <P>• A potential immune-based treatment strategy for chronic infections such as TB, HIV, and hepatitis B or C.</P>
                <P>
                    <E T="03">Competitive Advantages:</E>
                </P>
                <P>• Target a broad immune “brake” pathway rather than just individual LILR receptors.</P>
                <P>• Bind to a different site on MHC-I and does so over 50 times more strongly than earlier antibodies.</P>
                <P>• Activates human natural killer (NK) cells and T cells for tumor control.</P>
                <P>• Builds on earlier findings showing that blocking this pathway can trigger anti-tumor immune responses.</P>
                <P>
                    <E T="03">Development Stage:</E>
                </P>
                <P>• Pre-Clinical.</P>
                <P>
                    <E T="03">Inventors:</E>
                     Dr. David Margulies, Dr. Abir Panda, Dr. Ethan Shevach, Dr. Kannan Natarajan, and Ms. Patricia Korty, all of NIAID.
                </P>
                <P>
                    <E T="03">Intellectual Property:</E>
                     HHS Reference No. E-005-2026-0. Provisional Patent Application No. 64/053,946, filed on April 30, 2026.
                </P>
                <P>
                    <E T="03">Licensing Contact:</E>
                     To license this technology, please contact Yogikala Prabhu at 202-365-4785, or 
                    <E T="03">yogikala.prabhu@nih.gov,</E>
                     and reference E-005-2026-0.
                </P>
                <P>
                    <E T="03">Collaborative Research Opportunity:</E>
                     The National Institute of Allergy and Infectious Diseases is seeking statements of capability or interest from parties interested in collaborative research to further develop, evaluate, or commercialize this technology. For collaboration opportunities, please contact Yogikala Prabhu at 202-365-4785, or 
                    <E T="03">yogikala.prabhu@nih.gov.</E>
                </P>
                <SIG>
                    <DATED>Dated: July 10, 2026.</DATED>
                    <NAME>Surekha Vathyam,</NAME>
                    <TITLE>Director, Technology Transfer and Intellectual Property Office, National Institute of Allergy and Infectious Diseases.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-14133 Filed 7-13-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4167-05-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
                <SUBAGY>Office of Refugee Resettlement</SUBAGY>
                <SUBJECT>
                    <E T="0714">Federal Register</E>
                     Notice: Change in Eligibility Period for Refugee Cash Assistance and Refugee Medical Assistance
                </SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Office of Refugee Resettlement (ORR), Administration for Children and Families (ACF), U.S. Department of Health and Human Services (HHS).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of change of eligibility period.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P> The Office of Refugee Resettlement (ORR) announces a change to the eligibility period for Refugee Cash Assistance (RCA) and Refugee Medical Assistance (RMA). Pursuant to ORR regulations at 45 CFR 400.211(b), the ORR Director (hereinafter “the Director”) has determined that the RCA and RMA eligibility period will be increased from 4 months to 8 months. This change is intended to support the effective resettlement of refugees and other ORR-eligible populations and assist them in achieving economic self-sufficiency, consistent with the requirements of the Refugee Act of 1980, while maintaining efficient use of federal resources.  </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                         The changes described in this 
                        <E T="04">Federal Register</E>
                         notice are effective upon the date of publication. States should begin implementing the expanded RCA and RMA eligibility period as soon as possible and will have up to 30 days to complete any necessary system or operational changes, consistent with 45 CFR 400.211(b).
                    </P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                         Miro Marinovich, Office of Refugee Resettlement, Administration for Children and Families, by phone at (240) 856-2610, and email at 
                        <E T="03">Miro.Marinovich@acf.hhs.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P> Under the Refugee Act of 1980 (8 U.S.C. 1522), ORR provides for the effective resettlement of refugees and supports their transition to economic self-sufficiency as quickly as possible. The Act also authorizes the Director to provide RCA and RMA during a defined period not to exceed 36 months following arrival in the United States (8 U.S.C. 1522(e)(1)). RCA and RMA are time-limited benefits available to eligible individuals who do not qualify for certain mainstream assistance programs.</P>
                <P>
                    ORR's regulations at 45 CFR 400.211 authorize the Director to determine the appropriate eligibility period for RCA and RMA each fiscal year using a methodology based on factors including available appropriations, and projected arrivals. The regulations also require that any change to the eligibility period currently in effect be announced through publication in the 
                    <E T="04">Federal Register</E>
                     (45 CFR 400.211(b)). Prior to 1993, ORR amended its regulations each time it changed the eligibility period. In 1993, ORR revised its approach by removing the specific duration from the regulatory text and establishing a methodology for determining the eligibility period annually (58 FR 64499, Dec. 8, 1993). Under this framework, the methodology is set in regulation, while annual determinations of the eligibility period are issued as interpretive rules.
                </P>
                <P>The eligibility period for RCA and RMA has changed over time in response to funding levels and program needs. Initially, ORR provided these benefits for up to 36 months after arrival. Due to funding constraints, the eligibility period was subsequently reduced to 18 months, then 12 months, and to 8 months in FY 1992. The 8-month eligibility period remained in place for 30 years until FY 2022, when ORR expanded eligibility to 12 months. In FY 2025, ORR reduced the eligibility period to 4 months due to limited funding availability (90 FR 13370, March 31, 2025).</P>
                <P>Consistent with regulations, the Director has considered arrival trends, available appropriations, participation rates and projected expenditures in determining the appropriate eligibility period at this time. ORR received a full-year appropriation at the FY 2024 enacted level, resulting in greater available funding than previously anticipated. In addition, actual arrival trends are lower than earlier projections. These factors will allow ORR to increase the months of assistance. But, at the same time, recent legislative changes have limited access to certain government benefits for some ORR-eligible populations, increasing reliance on ORR-funded assistance during the initial resettlement period. These changes are expected to increase participation in ORR benefits, including RMA, as more individuals who might otherwise enroll in other programs, instead access ORR-funded services and thus limits the number of months by which ORR can increase benefits.</P>
                <P>
                    In light of these factors, the Director has determined that the RCA and RMA eligibility period will be increased to 8 months. This change will also help ensure that participants have sufficient time to engage in employment services, access needed supports and health services, and move toward economic self-sufficiency, while maintaining the 
                    <PRTPAGE P="43108"/>
                    program within available resources. ORR will continue to monitor funding levels, arrival trends, and program needs to ensure that the RCA and RMA eligibility period remains appropriate and sustainable.
                </P>
                <P>ORR-eligible individuals whose eligibility date is on or after January 1, 2026, will be eligible for up to 8 months of RCA and RMA, provided they meet all applicable eligibility requirements under 45 CFR part 400 Subparts E and G. For individuals who received fewer than eight months of RCA or RMA because the eligibility period was previously limited to four months, States or Replacement Designees (RDs) may provide additional months of assistance, up to the eight-month maximum, if the individual remains eligible for benefits at the time the additional assistance is provided. Alternatively, States and RDs may issue retroactive payments for months within the individual's eight-month eligibility period for which assistance was not previously paid, provided the State or RD determines that the individual met all program eligibility requirements during those unpaid months.</P>
                <P>Nothing in this notice is intended to allow payment for any month in which an individual did not meet all eligibility requirements in effect for RCA or RMA.</P>
                <P>
                    The revised 8-month eligibility period for RCA and RMA is effective on the date of publication of this 
                    <E T="04">Federal Register</E>
                     notice. States should begin implementing the expanded RCA and RMA eligibility period as soon as possible and will have up to 30 days to complete any necessary system or operational changes.
                </P>
                <EXTRACT>
                    <FP>(Authority: 45 CFR 400.211.)</FP>
                </EXTRACT>
                <SIG>
                    <NAME>Angie Salazar,</NAME>
                    <TITLE>Acting Director, Office of Refugee Resettlement.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-14095 Filed 7-13-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4184-89-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF HOMELAND SECURITY</AGENCY>
                <DEPDOC>[Docket No. DHS-2026-0364]</DEPDOC>
                <SUBJECT>Notice of Rescission of Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Office for Civil Rights and Civil Liberties, Department of Homeland Security.</P>
                </AGY>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        This notice announces the Department of Homeland Security's (“DHS”) rescission of its guidance to Federal financial assistance recipients regarding the Title VI prohibition against national origin discrimination affecting limited English proficient persons, consistent with Executive Order 14224, 
                        <E T="03">Designating English as the Official Language of the United States.</E>
                    </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Applicable July 14, 2026.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Ronald J. Sartini, Acting Officer, Office for Civil Rights and Civil Liberties, U.S. Department of Homeland Security, 
                        <E T="03">CRCLCompliance@hq.dhs.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">I. Background</HD>
                <P>
                    On March 1, 2025, the President signed Executive Order (“E.O.”) 14224, 
                    <E T="03">Designating English as the Official Language of the United States. See</E>
                     90 FR 11363 (Mar. 1, 2025). Among other things, E.O. 14224 revoked E.O. 13166, 
                    <E T="03">Improving Access to Services for Persons with Limited English Proficiency. See</E>
                     65 FR 50121 (Aug. 16, 2000); E.O. 14224 (§ 3(b)). E.O. 14224 also directed the Attorney General to “rescind any policy guidance documents issued pursuant to Executive Order 13166 and provide updated guidance, consistent with applicable law.” E.O. 14224, §  3(c).
                </P>
                <P>
                    On July 14, 2025, the Attorney General issued a memorandum providing guidance to federal agencies on appropriate actions to implement E.O. 14224 (“Attorney General Memo”).
                    <SU>1</SU>
                    <FTREF/>
                     The Attorney General Memo encouraged all federal agencies to review prior guidance based on E.O. 13166 and rescind such guidance if it conflicts with E.O. 14224 and is not mandated by law or the Constitution.
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         Memorandum for All Federal Agencies from the Attorney General, 
                        <E T="03">Implementation of Executive Order No. 14,224: Designating English as the Official Language of the United States of America</E>
                         (July 14, 2025), 
                        <E T="03">https://www.justice.gov/opa/pr/justice-department-releases-guidance-implementing-president-trumps-executive-order</E>
                         (last visited May 8, 2026).
                    </P>
                </FTNT>
                <P>
                    E.O. 13166 directed “[e]ach agency providing Federal financial assistance shall draft title VI guidance specifically tailored to its recipients that is consistent with the LEP Guidance issued by the Department of Justice,” which were then to be published in the 
                    <E T="04">Federal Register</E>
                     for public comment. E.O. 13166 (§  3). Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d (Title VI), prohibits discrimination against or otherwise excluding individuals from programs or activities on the basis of race, color, or national origin, if those programs or activities receive federal financial assistance. The Department issued its own agency-specific Title VI language access guidance in 2011. 
                    <E T="03">Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons,</E>
                     76 FR 21755 (Apr. 18, 2011).
                </P>
                <HD SOURCE="HD2">B. Rescission of DHS 2011 Guidance</HD>
                <P>Consistent with E.O. 14224, and the July 14, 2025 Attorney General Memo, the Department is rescinding its 2011 Guidance.</P>
                <HD SOURCE="HD2">C. Continuing Obligation</HD>
                <P>All recipients of DHS financial assistance have a continuing obligation to comply with Title VI, all applicable Title VI regulations, all applicable federal civil rights laws and nondiscrimination provisions. Recipients of federal financial assistance also have a continuing obligation under the Rehabilitation Act of 1973 to ensure that their communications with individuals with disabilities are as effective as communications with others and may need to provide qualified sign language interpreters for individuals who are deaf. Recipients of federal financial assistance, including subrecipients, are reminded that language assistance services may be required under certain circumstances.</P>
                <P>DHS anticipates issuing updated language access guidance, consistent with law, as required by E.O. 14224, the July 14, 2025 Attorney General Memo, and future Department of Justice guidance.</P>
                <SIG>
                    <NAME>Ronald J. Sartini,</NAME>
                    <TITLE>Acting Officer, Office for Civil Rights and Civil Liberties.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-14128 Filed 7-13-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 9112-FH-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HOMELAND SECURITY</AGENCY>
                <SUBAGY>U.S. Citizenship and Immigration Services</SUBAGY>
                <DEPDOC>[OMB Control Number 1615-0100]</DEPDOC>
                <SUBJECT>Agency Information Collection Activities; Extension, Without Change, of a Currently Approved Collection: Request for the Return of Original Documents</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>U.S. Citizenship and Immigration Services, Department of Homeland Security.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>30-Day notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        The Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS) will be submitting the following information 
                        <PRTPAGE P="43109"/>
                        collection request to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995. The purpose of this notice is to allow an additional 30 days for public comments.
                    </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Comments are encouraged and will be accepted until August 13, 2026.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Written comments and/or suggestions regarding the item(s) contained in this notice, especially regarding the estimated public burden and associated response time, must be submitted via the Federal eRulemaking Portal website at 
                        <E T="03">http://www.regulations.gov</E>
                         under e-Docket ID number USCIS-2008-0010. All submissions received must include the OMB Control Number 1615-0100 in the body of the letter, the agency name and Docket ID USCIS-2008-0010.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        USCIS, Office of Policy and Strategy, Regulatory Coordination Division, John R. Pfirrmann-Powell, Acting Deputy Chief, telephone number (240) 721-3000 (This is not a toll-free number; comments are not accepted via telephone message.). Please note contact information provided here is solely for questions regarding this notice. It is not for individual case status inquiries. Applicants seeking information about the status of their individual cases can check Case Status Online, available at the USCIS website at 
                        <E T="03">http://www.uscis.gov,</E>
                         or call the USCIS Contact Center at 800-375-5283 (TTY 800-767-1833).
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">Comments</HD>
                <P>
                    The information collection notice was previously published in the 
                    <E T="04">Federal Register</E>
                     on May 07, 2026, at 91 FR 24911, allowing for a 60-day public comment period. USCIS did not receive any comments in connection with the 60-day notice.
                </P>
                <P>
                    You may access the information collection instrument with instructions, or additional information by visiting the Federal eRulemaking Portal site at: 
                    <E T="03">http://www.regulations.gov</E>
                     and enter USCIS-2008-0010 in the search box. Comments must be submitted in English, or an English translation must be provided. The comments submitted to USCIS via this method are visible to the Office of Management and Budget and comply with the requirements of 5 CFR 1320.12(c). All submissions will be posted, without change, to the Federal eRulemaking Portal at 
                    <E T="03">http://www.regulations.gov,</E>
                     and will include any personal information you provide. Therefore, submitting this information makes it public. You may wish to consider limiting the amount of personal information that you provide in any voluntary submission you make to DHS. DHS may withhold information provided in comments from public viewing that it determines may impact the privacy of an individual or is offensive. For additional information, please read the Privacy Act notice that is available via the link in the footer of 
                    <E T="03">http://www.regulations.gov.</E>
                </P>
                <P>Written comments and suggestions from the public and affected agencies should address one or more of the following four points:</P>
                <P>(1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;</P>
                <P>(2) Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;</P>
                <P>(3) Enhance the quality, utility, and clarity of the information to be collected; and</P>
                <P>
                    (4) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, 
                    <E T="03">e.g.,</E>
                     permitting electronic submission of responses.
                </P>
                <HD SOURCE="HD1">Overview of This Information Collection</HD>
                <P>
                    (1) 
                    <E T="03">Type of Information Collection Request:</E>
                     Extension, Without Change, of a Currently Approved Collection.
                </P>
                <P>
                    (2) 
                    <E T="03">Title of the Form/Collection:</E>
                     Request for the Return of Original Documents.
                </P>
                <P>
                    (3) 
                    <E T="03">Agency form number, if any, and the applicable component of the DHS sponsoring the collection:</E>
                     G-884; USCIS.
                </P>
                <P>
                    (4) 
                    <E T="03">Affected public who will be asked or required to respond, as well as a brief abstract: Primary:</E>
                     Individuals or households. This form standardizes the USCIS procedures for requesting the return of original documents contained in alien files. The information provided will be used by the USCIS to determine whether a person is eligible to obtain original documents contained in an alien file.
                </P>
                <P>
                    (5) 
                    <E T="03">An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond:</E>
                     The estimated total number of annual respondents for the information collection G-884 is 6,600 and the estimated hour burden per response is 0.5 hours.
                </P>
                <P>
                    (6) 
                    <E T="03">An estimate of the total public burden (in hours) associated with the collection:</E>
                     The estimated total annual hour burden associated with this collection is 3,300 hours.
                </P>
                <P>
                    (7) 
                    <E T="03">An estimate of the total public burden (in cost) associated with the collection:</E>
                     The estimated total annual cost burden associated with this collection of information is $808,500.
                </P>
                <SIG>
                    <DATED>Dated: July 10, 2026.</DATED>
                    <NAME>John R. Pfirrmann-Powell,</NAME>
                    <TITLE>Acting Deputy Chief, Regulatory Coordination Division, Office of Policy and Strategy, U.S. Citizenship and Immigration Services, Department of Homeland Security.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-14139 Filed 7-13-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 9111-97-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF THE INTERIOR</AGENCY>
                <SUBAGY>Bureau of Indian Affairs</SUBAGY>
                <DEPDOC>[267A2100DD/AAKC001030/A0A501010.000000]</DEPDOC>
                <SUBJECT>Indian Gaming; Approval by Operation of Law of the Wyandotte Nation and State of Kansas Gaming Compact</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Bureau of Indian Affairs, Interior.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This notice announces the approval by operation of law of the Tribal-State Compact between the Wyandotte Nation and the State of Kansas governing the operation and regulation of class III gaming activities.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>The Compact takes effect on July 14, 2026.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Mr. Troy Woodward, Acting Director, Office of Indian Gaming, Office of the Assistant Secretary—Indian Affairs, Washington, DC 20240, 
                        <E T="03">IndianGaming@bia.gov;</E>
                         (202) 219-4066.
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    The Indian Gaming Regulatory Act of 1988, 25 U.S.C. 2701 
                    <E T="03">et seq.,</E>
                     (IGRA) provides the Secretary of the Interior (Secretary) with 45 days to review and approve or disapprove the Tribal-State compact governing the conduct of class III gaming activity on the Tribe's Indian lands. 
                    <E T="03">See</E>
                     25 U.S.C. 2710(d)(8). If the Secretary does not approve or disapprove a Tribal-State compact within the 45 days, IGRA provides the Tribal-State compact is considered to have been approved by the Secretary, but only to the extent the compact is consistent with IGRA. 
                    <E T="03">See</E>
                     25 U.S.C. 2710(d)(8)(D). The IGRA also requires the Secretary to publish in the 
                    <E T="04">
                        Federal 
                        <PRTPAGE P="43110"/>
                        Register
                    </E>
                     notice of the approved Tribal-State compacts for the purpose of engaging in class III gaming activities on Indian lands. 
                    <E T="03">See</E>
                     25 U.S.C. 2710(d)(8)(D). As required by 25 CFR 293.4, all compacts and amendments are subject to review and approval by the Secretary. The Compact authorizes class III gaming on the Tribe's Indian lands in the State of Kansas, including sports wagering and a hub-and-spoke betting model that deems sports wagers placed anywhere in the State occur on the Tribe's Indian lands where the servers are located, provided the wager is not placed on another Tribe's Indian lands. The Secretary took no action on the Compact within the 45-day statutory review period. Therefore, the Compact is considered to have been approved, but only to the extent it is consistent with IGRA. 
                    <E T="03">See</E>
                     25 U.S.C. 2710(d)(8)(C).
                </P>
                <SIG>
                    <NAME>William Henry Kirkland III,</NAME>
                    <TITLE>Assistant Secretary—Indian Affairs.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-14130 Filed 7-13-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4337-15-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">INTERNATIONAL TRADE COMMISSION</AGENCY>
                <DEPDOC>[Investigation No. 731-TA-1070A (Fourth Review)]</DEPDOC>
                <SUBJECT>Crepe Paper From China; Determination</SUBJECT>
                <P>
                    On the basis of the record 
                    <SU>1</SU>
                    <FTREF/>
                     developed in the subject five-year review, the United States International Trade Commission (“Commission”) determines, pursuant to the Tariff Act of 1930 (“the Act”), that revocation of the antidumping duty order on crepe paper from China would be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time.
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         The record is defined in § 207.2(f) of the Commission's Rules of Practice and Procedure (19 CFR 207.2(f)).
                    </P>
                </FTNT>
                <HD SOURCE="HD1">Background</HD>
                <P>The Commission instituted this review on February 2, 2026 (91 FR 4611) and determined on May 8, 2026 that it would conduct an expedited review (91 FR 34648, June 8, 2026).</P>
                <P>
                    The Commission made this determination pursuant to section 751(c) of the Act (19 U.S.C. 1675(c)). It completed and filed its determination in this review on July 10, 2026. The views of the Commission are contained in USITC Publication 5763 (July 2026), entitled 
                    <E T="03">Crepe Paper from China: Investigation No. 731-TA-1070A (Fourth Review).</E>
                </P>
                <SIG>
                    <P>By order of the Commission.</P>
                    <DATED>Issued: July 10, 2026.</DATED>
                    <NAME>Sharon Bellamy,</NAME>
                    <TITLE>Supervisory Hearings and Information Officer.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2026-14149 Filed 7-13-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 7020-02-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF JUSTICE</AGENCY>
                <SUBAGY>Drug Enforcement Administration</SUBAGY>
                <SUBJECT>Barlow St-Clair Lynch, M.D.; Decision and Order</SUBJECT>
                <P>
                    On December 23, 2025, the Drug Enforcement Administration (DEA or Government) issued an Order to Show Cause (OSC) to Barlow St-Clair Lynch, M.D., of Brunswick, ME (Registrant). Request for Final Agency Action (RFAA), Exhibit (RFAAX) 1, at 1, 3. The OSC proposed the revocation of Registrant's Certificate of Registration No. FL4408995, alleging that Registrant's registration should be revoked because Registrant is “currently without authority to prescribe, administer, dispense, or otherwise handle controlled substances in the State of Maine, the state in which [he is] registered with DEA.” 
                    <E T="03">Id.</E>
                     at 2 (citing 21 U.S.C. 824(a)(3)).
                </P>
                <P>
                    The OSC notified Registrant of his right to file a written request for hearing, and that if he failed to file such a request, he would be deemed to have waived his right to a hearing and be in default. 
                    <E T="03">Id.</E>
                     (citing 21 CFR 1301.43). Here, Registrant did not request a hearing, and the Agency finds him to be in default. RFAA, at 2-3.
                    <SU>1</SU>
                    <FTREF/>
                     “A default, unless excused, shall be deemed to constitute a waiver of the registrant's/applicant's right to a hearing and an admission of the factual allegations of the [OSC].” 21 CFR 1301.43(e).
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         Based on the Government's submissions in its RFAA dated March 3, 2026, the Agency finds that service of the OSC on Registrant was adequate. The RFAA's included Declaration from a DEA Diversion Investigator (DI) indicates that on January 8, 2026, the DI emailed the OSC to Registrant's registered email address. RFAAX 2, at 1; 
                        <E T="03">see also id.,</E>
                         Attachment A. Further, on January 12, 2026, the DI mailed a copy of the OSC to the mailing address that Registrant provided to DEA. 
                        <E T="03">Id.</E>
                         at 1-2; 
                        <E T="03">see also id.,</E>
                         Attachment B. On January 15, 2026, the DI, along with other DEA personnel, traveled to Registrant's registered address to personally serve Registrant with the OSC, where they were informed that Registrant was not on the employee roster of the business associated with the address. 
                        <E T="03">Id.</E>
                         at 2. Here, the Agency finds that Registrant was successfully served the OSC by email and that the DI's efforts to serve Registrant by other means were “`reasonably calculated, under all the circumstances, to apprise [Registrant] of the pendency of the action.'” 
                        <E T="03">Jones</E>
                         v. 
                        <E T="03">Flowers,</E>
                         547 U.S. 220, 226 (2006) (quoting 
                        <E T="03">Mullane</E>
                         v. 
                        <E T="03">Central Hanover Bank &amp; Trust Co.,</E>
                         339 U.S. 306, 314 (1950)); 
                        <E T="03">see also Mohammed S. Aljanaby, M.D.,</E>
                         82 FR 34552, 34552 (2017) (finding that service by email satisfies due process where the email is not returned as undeliverable and other methods have been unsuccessful).
                    </P>
                </FTNT>
                <P>
                    Further, “[i]n the event that a registrant . . . is deemed to be in default . . . DEA may then file a request for final agency action with the Administrator, along with a record to support its request. In such circumstances, the Administrator may enter a default final order pursuant to [21 CFR] 1316.67.” 
                    <E T="03">Id.</E>
                     at 1301.43(f)(1). Here, the Government has requested final agency action based on Registrant's default pursuant to 21 CFR 1301.43(c), (f), 1301.46. RFAA, at 1; 
                    <E T="03">see also</E>
                     21 CFR 1316.67.
                </P>
                <HD SOURCE="HD1">Findings of Fact</HD>
                <P>
                    The Agency finds that, in light of Registrant's default, the factual allegations in the OSC are deemed admitted. According to the OSC, Registrant's Maine medical license expired by its own terms on June 30, 2025. RFAAX 1, at 2. According to Maine online records, of which the Agency takes official notice,
                    <SU>2</SU>
                    <FTREF/>
                     Registrant's state medical license is expired (Status: “Failed to Renew”). State of Maine Regulatory Licensing &amp; Permitting License Search, Search License Information, 
                    <E T="03">https://www.pfr.maine.gov/ALMSOnline/ALMSQuery/Welcome.aspx</E>
                     (last visited date of signature of this Order). Accordingly, the Agency finds that Registrant is not licensed to practice medicine in Maine, the state in which he is registered with DEA.
                    <SU>3</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         Under the Administrative Procedure Act, an agency “may take official notice of facts at any stage in a proceeding—even in the final decision.” United States Department of Justice, Attorney General's Manual on the Administrative Procedure Act 80 (1947) (Wm. W. Gaunt &amp; Sons, Inc., Reprint 1979).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         Pursuant to 5 U.S.C. 556(e), “[w]hen an agency decision rests on official notice of a material fact not appearing in the evidence in the record, a party is entitled, on timely request, to an opportunity to show the contrary.” The material fact here is that Registrant, as of the date of this Order, is not licensed to practice medicine in Maine. Accordingly, Registrant may dispute the Agency's finding by filing a properly supported motion for reconsideration of findings of fact within fifteen calendar days of the date of this Order. Any such motion and response shall be filed and served by email to the other party and to the Office of the Administrator, Drug Enforcement Administration, at 
                        <E T="03">dea.addo.attorneys@dea.gov.</E>
                    </P>
                </FTNT>
                <HD SOURCE="HD1">Discussion</HD>
                <P>
                    Pursuant to 21 U.S.C. 824(a)(3), the Attorney General is authorized to suspend or revoke a registration issued under 21 U.S.C. 823 “upon a finding that the registrant . . . has had his State license or registration suspended . . . [or] revoked . . . by competent State authority and is no longer authorized by 
                    <PRTPAGE P="43111"/>
                    State law to engage in the . . . dispensing of controlled substances.”
                </P>
                <P>
                    With respect to a practitioner, DEA has also long held that the possession of authority to dispense controlled substances under the laws of the state in which a practitioner engages in professional practice is a fundamental condition for obtaining and maintaining a practitioner's registration. 
                    <E T="03">Gonzales</E>
                     v. 
                    <E T="03">Oregon,</E>
                     546 U.S. 243, 270 (2006) (“The Attorney General can register a physician to dispense controlled substances `if the applicant is authorized to dispense . . . controlled substances under the laws of the State in which he practices.' . . . The very definition of a `practitioner' eligible to prescribe includes physicians `licensed, registered, or otherwise permitted, by the United States or the jurisdiction in which he practices' to dispense controlled substances. 802(21).”). The Agency has applied these principles consistently. 
                    <E T="03">See, e.g., Lawrence Rudolph, D.M.D.,</E>
                     89 FR 79310 (2024); 
                    <E T="03">Henry-Norbert O. Ndekwe, M.D.,</E>
                     90 FR 15990 (2025); 
                    <E T="03">Benson Sergiles, P.A.,</E>
                     90 FR 32016 (2025).
                    <SU>4</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         This rule derives from the text of two provisions of the Controlled Substances Act (CSA). First, Congress defined the term “practitioner” to mean “a physician . . . or other person licensed, registered, or otherwise permitted, by . . . the jurisdiction in which he practices . . . , to distribute, dispense, . . . [or] administer . . . a controlled substance in the course of professional practice.” 21 U.S.C. 802(21). Second, in setting the requirements for obtaining a practitioner's registration, Congress directed that “[t]he Attorney General shall register practitioners . . . if the applicant is authorized to dispense . . . controlled substances under the laws of the State in which he practices.” 21 U.S.C. 823(g)(1). Because Congress has clearly mandated that a practitioner possess state authority in order to be deemed a practitioner under the CSA, DEA has held repeatedly that revocation of a practitioner's registration is the appropriate sanction whenever he is no longer authorized to dispense controlled substances under the laws of the state in which he practices. 
                        <E T="03">See, e.g.,</E>
                          
                        <E T="03">Elias Garcia Garcia, P.A.,</E>
                         90 FR 31242 (2025); 
                        <E T="03">Jason Weakley, R.N., A.P.R.N.,</E>
                         90 FR 10085 (2025); 
                        <E T="03">Khursheed Haider, M.D.,</E>
                         90 FR 21950 (2025).
                    </P>
                </FTNT>
                <P>
                    According to Maine statute, “a “prescription drug order” means “a lawful written or oral order of a practitioner for a drug or device. Written orders may be issued on a prescription form or by electronic transmission.” Me. Rev. Stat. tit. 32 § 13702-A(31) (2025). Further, “practitioner” means “an individual who is licensed, registered or otherwise authorized in the appropriate jurisdiction to prescribe and administer drugs in the course of professional practice.” 
                    <E T="03">Id.</E>
                     § 13702-A(29). Additionally, a “prescriber” means “a licensed health care professional or veterinarian with prescriptive authority, including a licensed health care professional or veterinarian who uses telehealth in providing health care to prescribe controlled substances to patients located in th[e] State.” Me. Rev. Stat. tit. 22 § 7246(5). “Dispense” means “the preparation and delivery of a prescription drug in a suitable container appropriately labeled for subsequent administration to or use by a patient or other individual entitled to receive the prescription drug pursuant to a lawful order of a practitioner.” Me. Rev. Stat. tit. 32, § 13702-A(9).
                </P>
                <P>Here, the undisputed evidence in the record is that Registrant lacks authority to practice medicine in Maine because his Maine medical license expired. As discussed above, an individual must be a licensed practitioner to dispense or prescribe a controlled substance in Maine. Thus, because Registrant currently lacks authority to practice medicine in Maine and, therefore, is not currently authorized to handle controlled substances in Maine, Registrant is not eligible to maintain a DEA registration. Accordingly, the Agency will order that Registrant's DEA registration be revoked.</P>
                <HD SOURCE="HD1">Order</HD>
                <P>Pursuant to 28 CFR 0.100(b) and the authority vested in me by 21 U.S.C. 824(a), I hereby revoke DEA Certificate of Registration No. FL4408995 issued to Barlow St-Clair Lynch, M.D. Further, pursuant to 28 CFR 0.100(b) and the authority vested in me by 21 U.S.C. 823(g)(1), I hereby deny any pending applications of Barlow St-Clair Lynch, M.D., to renew or modify this registration, as well as any other pending application of Barlow St-Clair Lynch, M.D., for additional registration in Maine. This Order is effective August 13, 2026.</P>
                <HD SOURCE="HD1">Signing Authority</HD>
                <P>
                    This document of the Drug Enforcement Administration was signed on July 7, 2026, by Administrator Terrance Cole. That document with the original signature and date is maintained by DEA. For administrative purposes only, and in compliance with requirements of the Office of the Federal Register, the undersigned DEA Federal Register Liaison Officer has been authorized to sign and submit the document in electronic format for publication, as an official document of DEA. This administrative process in no way alters the legal effect of this document upon publication in the 
                    <E T="04">Federal Register</E>
                    .
                </P>
                <SIG>
                    <NAME>Leslie Mayer, </NAME>
                    <TITLE>Federal Register Liaison Officer, Drug Enforcement Administration.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2026-14136 Filed 7-13-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4410-09-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF JUSTICE</AGENCY>
                <SUBAGY>Drug Enforcement Administration</SUBAGY>
                <SUBJECT>David Enright, M.D.; Decision and Order</SUBJECT>
                <P>
                    On December 22, 2025, the Drug Enforcement Administration (DEA or Government) issued an Order to Show Cause (OSC) to David Enright, M.D., of Brunswick, ME (Registrant). Request for Final Agency Action (RFAA), Exhibit (RFAAX) 1, at 1, 3. The OSC proposed the revocation of Registrant's Certificate of Registration No. BE1352157, alleging that Registrant's registration should be revoked because Registrant is “currently without authority to prescribe, administer, dispense, or otherwise handle controlled substances in the State of Maine, the state in which [he is] registered with DEA.” 
                    <E T="03">Id.</E>
                     at 1-2 (citing 21 U.S.C. 824(a)(3)).
                </P>
                <P>
                    The OSC notified Registrant of his right to file a written request for hearing, and that if he failed to file such a request, he would be deemed to have waived his right to a hearing and be in default. 
                    <E T="03">Id.</E>
                     at 2 (citing 21 CFR 1301.43). Here, Registrant did not request a hearing, and the Agency finds him to be in default. RFAA, at 2-3.
                    <SU>1</SU>
                    <FTREF/>
                     “A default, unless excused, shall be deemed to constitute a waiver of the registrant's/applicant's right to a hearing and an admission of the factual allegations of the [OSC].” 21 CFR 1301.43(e).
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         Based on the Government's submissions in its RFAA dated February 17, 2026, the Agency finds that service of the OSC on Registrant was adequate. The RFAA's included Declaration from a DEA Diversion Investigator (DI) indicates that on December 30, 2025, the DI emailed the OSC to Registrant's registered email address and mailed a copy of the OSC to the mailing address that Registrant provided to DEA. RFAAX 2, at 1-2; 
                        <E T="03">see also id.,</E>
                         Attachments A-B. Further, on January 2, 2026, the DI, along with other DEA personnel, traveled to Registrant's registered address to personally serve Registrant with the OSC, where they were informed that Registrant was no longer employed by the business associated with the address and had retired in July 2025. 
                        <E T="03">Id.</E>
                         at 2. Here, the Agency finds that Registrant was successfully served the OSC by email and that the DI's efforts to serve Registrant by other means were “`reasonably calculated, under all the circumstances, to apprise [Registrant] of the pendency of the action.'” 
                        <E T="03">Jones</E>
                         v. 
                        <E T="03">Flowers,</E>
                         547 U.S. 220, 226 (2006) (quoting 
                        <E T="03">Mullane</E>
                         v. 
                        <E T="03">Central Hanover Bank &amp; Trust Co.,</E>
                         339 U.S. 306, 314 (1950)); 
                        <E T="03">see also Mohammed S. Aljanaby, M.D.,</E>
                         82 FR 34552, 34552 (2017) (finding that service by email satisfies due process where the email is not returned as undeliverable and other methods have been unsuccessful).
                    </P>
                </FTNT>
                <P>
                    Further, “[i]n the event that a registrant . . . is deemed to be in default . . . DEA may then file a request for final agency action with the Administrator, along with a record to support its request. In such circumstances, the Administrator may 
                    <PRTPAGE P="43112"/>
                    enter a default final order pursuant to [21 CFR] 1316.67.” 
                    <E T="03">Id.</E>
                     at 1301.43(f)(1). Here, the Government has requested final agency action based on Registrant's default pursuant to 21 CFR 1301.43(c), (f), 1301.46. RFAA, at 1; 
                    <E T="03">see also</E>
                     21 CFR 1316.67.
                </P>
                <HD SOURCE="HD1">Findings of Fact</HD>
                <P>
                    The Agency finds that, in light of Registrant's default, the factual allegations in the OSC are deemed admitted. According to the OSC, Registrant's Maine medical license expired by its own terms on July 31, 2025. RFAAX 1, at 2. According to Maine online records, of which the Agency takes official notice,
                    <SU>2</SU>
                    <FTREF/>
                     Registrant's Maine medical license remains expired (Status: “Failed to Renew”). State of Maine Regulatory Licensing &amp; Permitting, Search License Information, 
                    <E T="03">https://www.pfr.maine.gov/ALMSOnline/ALMSQuery/Welcome.aspx</E>
                     (last visited date of signature of this Order). Accordingly, the Agency finds that Registrant is not licensed to practice medicine in Maine, the state in which he is registered with DEA.
                    <SU>3</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         Under the Administrative Procedure Act, an agency “may take official notice of facts at any stage in a proceeding—even in the final decision.” United States Department of Justice, Attorney General's Manual on the Administrative Procedure Act 80 (1947) (Wm. W. Gaunt &amp; Sons, Inc., Reprint 1979).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         Pursuant to 5 U.S.C. 556(e), “[w]hen an agency decision rests on official notice of a material fact not appearing in the evidence in the record, a party is entitled, on timely request, to an opportunity to show the contrary.” The material fact here is that Registrant, as of the date of this Order, is not licensed to practice medicine in Maine. Accordingly, Registrant may dispute the Agency's finding by filing a properly supported motion for reconsideration of findings of fact within fifteen calendar days of the date of this Order. Any such motion and response shall be filed and served by email to the other party and to the Office of the Administrator, Drug Enforcement Administration, at 
                        <E T="03">dea.addo.attorneys@dea.gov.</E>
                    </P>
                </FTNT>
                <HD SOURCE="HD1">Discussion</HD>
                <P>Pursuant to 21 U.S.C. 824(a)(3), the Attorney General is authorized to suspend or revoke a registration issued under 21 U.S.C. 823 “upon a finding that the registrant . . . has had his State license or registration suspended . . . [or] revoked . . . by competent State authority and is no longer authorized by State law to engage in the . . . dispensing of controlled substances.”</P>
                <P>
                    With respect to a practitioner, DEA has also long held that the possession of authority to dispense controlled substances under the laws of the state in which a practitioner engages in professional practice is a fundamental condition for obtaining and maintaining a practitioner's registration. 
                    <E T="03">Gonzales</E>
                     v. 
                    <E T="03">Oregon,</E>
                     546 U.S. 243, 270 (2006) (“The Attorney General can register a physician to dispense controlled substances `if the applicant is authorized to dispense . . . controlled substances under the laws of the State in which he practices.' . . . The very definition of a `practitioner' eligible to prescribe includes physicians `licensed, registered, or otherwise permitted, by the United States or the jurisdiction in which he practices' to dispense controlled substances. 802(21).”). The Agency has applied these principles consistently. 
                    <E T="03">See, e.g., Lawrence Rudolph, D.M.D.,</E>
                     89 FR 79310 (2024); 
                    <E T="03">Henry-Norbert O. Ndekwe, M.D.,</E>
                     90 FR 15990 (2025); 
                    <E T="03">Benson Sergiles, P.A.,</E>
                     90 FR 32016 (2025).
                    <SU>4</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         This rule derives from the text of two provisions of the Controlled Substances Act (CSA). First, Congress defined the term “practitioner” to mean “a physician . . . or other person licensed, registered, or otherwise permitted, by . . . the jurisdiction in which he practices . . . , to distribute, dispense, . . . [or] administer . . . a controlled substance in the course of professional practice.” 21 U.S.C. 802(21). Second, in setting the requirements for obtaining a practitioner's registration, Congress directed that “[t]he Attorney General shall register practitioners . . . if the applicant is authorized to dispense . . . controlled substances under the laws of the State in which he practices.” 21 U.S.C. 823(g)(1). Because Congress has clearly mandated that a practitioner possess state authority in order to be deemed a practitioner under the CSA, DEA has held repeatedly that revocation of a practitioner's registration is the appropriate sanction whenever he is no longer authorized to dispense controlled substances under the laws of the state in which he practices. 
                        <E T="03">See, e.g.,</E>
                          
                        <E T="03">Elias Garcia Garcia, P.A.,</E>
                         90 FR 31242 (2025); 
                        <E T="03">Jason Weakley, R.N., A.P.R.N.,</E>
                         90 FR 10085 (2025); 
                        <E T="03">Khursheed Haider, M.D.,</E>
                         90 FR 21950 (2025).
                    </P>
                </FTNT>
                <P>
                    According to Maine statute, a “prescription drug order” means “a lawful written or oral order of a practitioner for a drug or device. Written orders may be issued on a prescription form or by electronic transmission.” Me. Rev. Stat. tit. 32 § 13702-A(31) (2025). Further, “practitioner” means “an individual who is licensed, registered or otherwise authorized in the appropriate jurisdiction to prescribe and administer drugs in the course of professional practice.” 
                    <E T="03">Id.</E>
                     § 13702-A(29). Additionally, a “prescriber” means “a licensed health care professional or veterinarian with prescriptive authority, including a licensed health care professional or veterinarian who uses telehealth in providing health care to prescribe controlled substances to patients located in th[e] State.” Me. Rev. Stat. tit. 22 § 7246(5). “Dispense” means “the preparation and delivery of a prescription drug in a suitable container appropriately labeled for subsequent administration to or use by a patient or other individual entitled to receive the prescription drug pursuant to a lawful order of a practitioner.” Me. Rev. Stat. tit. 32, § 13702-A(9).
                </P>
                <P>Here, the undisputed evidence in the record is that Registrant lacks authority to practice medicine in Maine because his Maine medical license expired. As discussed above, an individual must be a licensed practitioner to dispense or prescribe a controlled substance in Maine. Thus, because Registrant currently lacks authority to practice medicine in Maine and, therefore, is not currently authorized to handle controlled substances in Maine, Registrant is not eligible to maintain a DEA registration. Accordingly, the Agency will order that Registrant's DEA registration be revoked.</P>
                <HD SOURCE="HD1">Order</HD>
                <P>Pursuant to 28 CFR 0.100(b) and the authority vested in me by 21 U.S.C. 824(a), I hereby revoke DEA Certificate of Registration No. BE1352157 issued to David Enright, M.D. Further, pursuant to 28 CFR 0.100(b) and the authority vested in me by 21 U.S.C. 823(g)(1), I hereby deny any pending applications of David Enright, M.D., to renew or modify this registration, as well as any other pending application of David Enright, M.D., for additional registration in Maine. This Order is effective August 13, 2026.</P>
                <HD SOURCE="HD1">Signing Authority</HD>
                <P>
                    This document of the Drug Enforcement Administration was signed on July 7, 2026, by Administrator Terrance Cole. That document with the original signature and date is maintained by DEA. For administrative purposes only, and in compliance with requirements of the Office of the Federal Register, the undersigned DEA Federal Register Liaison Officer has been authorized to sign and submit the document in electronic format for publication, as an official document of DEA. This administrative process in no way alters the legal effect of this document upon publication in the 
                    <E T="04">Federal Register</E>
                    .
                </P>
                <SIG>
                    <NAME>Leslie Mayer, </NAME>
                    <TITLE>Federal Register Liaison Officer, Drug Enforcement Administration.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2026-14135 Filed 7-13-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4410-09-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF JUSTICE</AGENCY>
                <SUBAGY>Drug Enforcement Administration</SUBAGY>
                <SUBJECT>Shane Lydon, M.D.; Decision and Order</SUBJECT>
                <P>
                    On December 30, 2025, the Drug Enforcement Administration (DEA or 
                    <PRTPAGE P="43113"/>
                    Government) issued an Order to Show Cause (OSC) to Shane Lydon, M.D., of Belfast, ME (Registrant). Request for Final Agency Action (RFAA), Exhibit (RFAAX) 1, at 1, 3. The OSC proposed the revocation of Registrant's Certificate of Registration No. FL1479220, alleging that Registrant's registration should be revoked because Registrant is “currently without authority to prescribe, administer, dispense, or otherwise handle controlled substances in the State of Maine, the state in which [he is] registered with DEA.” 
                    <E T="03">Id.</E>
                     at 2. (citing 21 U.S.C. 824(a)(3)).
                </P>
                <P>
                    The OSC notified Registrant of his right to file a written request for hearing, and that if he failed to file such a request, he would be deemed to have waived his right to a hearing and be in default. 
                    <E T="03">Id.</E>
                     (citing 21 CFR 1301.43). Here, Registrant did not request a hearing, and the Agency finds him to be in default. RFAA, at 3.
                    <SU>1</SU>
                    <FTREF/>
                     “A default, unless excused, shall be deemed to constitute a waiver of the registrant's/applicant's right to a hearing and an admission of the factual allegations of the [OSC].” 21 CFR 1301.43(e).
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         Based on the Government's submissions in its RFAA dated March 3, 2026, the Agency finds that service of the OSC on Registrant was adequate. The RFAA's included Declaration from a DEA Diversion Investigator (DI) indicates that on January 6, 2026, the DI emailed the OSC to Registrant's registered email address and mailed a copy of the OSC to the mailing address that Registrant provided to DEA. RFAAX 2, at 1-2; 
                        <E T="03">see also id.,</E>
                         Attachments A-B. Further, on January 15, 2026, the DI, along with other DEA personnel, traveled to Registrant's registered address to personally serve Registrant with the OSC, where they were informed that Registrant was not on the employee roster at the business associated with the address. 
                        <E T="03">Id.</E>
                         at 2. Here, the Agency finds that Registrant was successfully served the OSC by email and that the DI's efforts to serve Registrant by other means were “`reasonably calculated, under all the circumstances, to apprise [Registrant] of the pendency of the action.' ” 
                        <E T="03">Jones</E>
                         v. 
                        <E T="03">Flowers,</E>
                         547 U.S. 220, 226 (2006) (quoting 
                        <E T="03">Mullane</E>
                         v. 
                        <E T="03">Central Hanover Bank &amp; Trust Co.,</E>
                         339 U.S. 306, 314 (1950)); 
                        <E T="03">see also Mohammed S. Aljanaby, M.D.,</E>
                         82 FR 34552, 34552 (2017) (finding that service by email satisfies due process where the email is not returned as undeliverable and other methods have been unsuccessful).
                    </P>
                </FTNT>
                <P>
                    Further, “[i]n the event that a registrant . . . is deemed to be in default . . . DEA may then file a request for final agency action with the Administrator, along with a record to support its request. In such circumstances, the Administrator may enter a default final order pursuant to [21 CFR] 1316.67.” 
                    <E T="03">Id.</E>
                     at 1301.43(f)(1). Here, the Government has requested final agency action based on Registrant's default pursuant to 21 CFR 1301.43(c), (f), 1301.46. RFAA, at 1; 
                    <E T="03">see also</E>
                     21 CFR 1316.67.
                </P>
                <HD SOURCE="HD1">Findings of Fact</HD>
                <P>
                    The Agency finds that, in light of Registrant's default, the factual allegations in the OSC are deemed admitted. According to the OSC, Registrant's Maine medical license expired by its own terms on June 30, 2025. RFAAX 1, at 1-2. According to Maine online records, of which the Agency takes official notice,
                    <SU>2</SU>
                    <FTREF/>
                     Registrant's state medical license is expired (Status: “Failed to Renew”). State of Maine Regulatory Licensing &amp; Permitting License Search, Search License Information, 
                    <E T="03">https://www.pfr.maine.gov/ALMSOnline/ALMSQuery/Welcome.aspx</E>
                     (last visited date of signature of this Order). Accordingly, the Agency finds that Registrant is not licensed to practice medicine in Maine, the state in which he is registered with DEA.
                    <SU>3</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         Under the Administrative Procedure Act, an agency “may take official notice of facts at any stage in a proceeding—even in the final decision.” United States Department of Justice, Attorney General's Manual on the Administrative Procedure Act 80 (1947) (Wm. W. Gaunt &amp; Sons, Inc., Reprint 1979).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         Pursuant to 5 U.S.C. 556(e), “[w]hen an agency decision rests on official notice of a material fact not appearing in the evidence in the record, a party is entitled, on timely request, to an opportunity to show the contrary.” The material fact here is that Registrant, as of the date of this Order, is not licensed to practice medicine in Maine. Accordingly, Registrant may dispute the Agency's finding by filing a properly supported motion for reconsideration of findings of fact within fifteen calendar days of the date of this Order. Any such motion and response shall be filed and served by email to the other party and to the Office of the Administrator, Drug Enforcement Administration, at 
                        <E T="03">dea.addo.attorneys@dea.gov.</E>
                    </P>
                </FTNT>
                <HD SOURCE="HD1">Discussion</HD>
                <P>Pursuant to 21 U.S.C. 824(a)(3), the Attorney General is authorized to suspend or revoke a registration issued under 21 U.S.C. 823 “upon a finding that the registrant . . . has had his State license or registration suspended . . . [or] revoked . . . by competent State authority and is no longer authorized by State law to engage in the . . . dispensing of controlled substances.”</P>
                <P>
                    With respect to a practitioner, DEA has also long held that the possession of authority to dispense controlled substances under the laws of the state in which a practitioner engages in professional practice is a fundamental condition for obtaining and maintaining a practitioner's registration. 
                    <E T="03">Gonzales</E>
                     v. 
                    <E T="03">Oregon,</E>
                     546 U.S. 243, 270 (2006) (“The Attorney General can register a physician to dispense controlled substances `if the applicant is authorized to dispense . . . controlled substances under the laws of the State in which he practices.' . . . The very definition of a `practitioner' eligible to prescribe includes physicians `licensed, registered, or otherwise permitted, by the United States or the jurisdiction in which he practices' to dispense controlled substances. 802(21).”). The Agency has applied these principles consistently. 
                    <E T="03">See, e.g., Lawrence Rudolph, D.M.D.,</E>
                     89 FR 79310 (2024); 
                    <E T="03">Henry-Norbert O. Ndekwe, M.D.,</E>
                     90 FR 15990 (2025); 
                    <E T="03">Benson Sergiles, P.A.,</E>
                     90 FR 32016 (2025).
                    <SU>4</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         This rule derives from the text of two provisions of the Controlled Substances Act (CSA). First, Congress defined the term “practitioner” to mean “a physician . . . or other person licensed, registered, or otherwise permitted, by . . . the jurisdiction in which he practices . . . , to distribute, dispense, . . . [or] administer . . . a controlled substance in the course of professional practice.” 21 U.S.C. 802(21). Second, in setting the requirements for obtaining a practitioner's registration, Congress directed that “[t]he Attorney General shall register practitioners . . . if the applicant is authorized to dispense . . . controlled substances under the laws of the State in which he practices.” 21 U.S.C. 823(g)(1). Because Congress has clearly mandated that a practitioner possess state authority in order to be deemed a practitioner under the CSA, DEA has held repeatedly that revocation of a practitioner's registration is the appropriate sanction whenever he is no longer authorized to dispense controlled substances under the laws of the state in which he practices. 
                        <E T="03">See, e.g.,</E>
                          
                        <E T="03">Elias Garcia Garcia, P.A.,</E>
                         90 FR 31242 (2025); 
                        <E T="03">Jason Weakley, R.N., A.P.R.N.,</E>
                         90 FR 10085 (2025); 
                        <E T="03">Khursheed Haider, M.D.,</E>
                         90 FR 21950 (2025).
                    </P>
                </FTNT>
                <P>
                    According to Maine statute, “a “prescription drug order” means “a lawful written or oral order of a practitioner for a drug or device. Written orders may be issued on a prescription form or by electronic transmission.” Me. Rev. Stat. tit. 32 § 13702-A(31) (2025). Further, “practitioner” means “an individual who is licensed, registered or otherwise authorized in the appropriate jurisdiction to prescribe and administer drugs in the course of professional practice.” 
                    <E T="03">Id.</E>
                     § 13702-A(29). Additionally, a “prescriber” means “a licensed health care professional or veterinarian with prescriptive authority, including a licensed health care professional or veterinarian who uses telehealth in providing health care to prescribe controlled substances to patients located in th[e] State.” Me. Rev. Stat. tit. 22 § 7246(5). “Dispense” means “the preparation and delivery of a prescription drug in a suitable container appropriately labeled for subsequent administration to or use by a patient or other individual entitled to receive the prescription drug pursuant to a lawful order of a practitioner.” Me. Rev. Stat. tit. 32, § 13702-A(9).
                </P>
                <P>
                    Here, the undisputed evidence in the record is that Registrant lacks authority to practice medicine in Maine because his Maine medical license expired. As discussed above, an individual must be a licensed practitioner to dispense or prescribe a controlled substance in 
                    <PRTPAGE P="43114"/>
                    Maine. Thus, because Registrant currently lacks authority to practice medicine in Maine and, therefore, is not currently authorized to handle controlled substances in Maine, Registrant is not eligible to maintain a DEA registration. Accordingly, the Agency will order that Registrant's DEA registration be revoked.
                </P>
                <HD SOURCE="HD1">Order</HD>
                <P>Pursuant to 28 CFR 0.100(b) and the authority vested in me by 21 U.S.C. 824(a), I hereby revoke DEA Certificate of Registration No. FL1479220 issued to Shane Lydon, M.D. Further, pursuant to 28 CFR 0.100(b) and the authority vested in me by 21 U.S.C. 823(g)(1), I hereby deny any pending applications of Shane Lydon, M.D., to renew or modify this registration, as well as any other pending application of Shane Lydon, M.D., for additional registration in Maine. This Order is effective August 13, 2026.</P>
                <HD SOURCE="HD1">Signing Authority</HD>
                <P>
                    This document of the Drug Enforcement Administration was signed on July 7, 2026, by Administrator Terrance Cole. That document with the original signature and date is maintained by DEA. For administrative purposes only, and in compliance with requirements of the Office of the Federal Register, the undersigned DEA Federal Register Liaison Officer has been authorized to sign and submit the document in electronic format for publication, as an official document of DEA. This administrative process in no way alters the legal effect of this document upon publication in the 
                    <E T="04">Federal Register</E>
                    .
                </P>
                <SIG>
                    <NAME>Leslie Mayer, </NAME>
                    <TITLE>Federal Register Liaison Officer, Drug Enforcement Administration.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2026-14137 Filed 7-13-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4410-09-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">NUCLEAR REGULATORY COMMISSION</AGENCY>
                <DEPDOC>[NRC-2026-3037]</DEPDOC>
                <SUBJECT>Applications for Amendments to Facility Operating Licenses Involving Proposed No Significant Hazards Consideration Determination and Containing Sensitive Unclassified Non-Safeguards Information and Order Imposing Procedures for Access to Sensitive Unclassified Non-Safeguards Information</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Nuclear Regulatory Commission.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>License amendment request; notice of opportunity to comment, request a hearing, and petition for leave to intervene; order imposing procedures.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The U.S. Nuclear Regulatory Commission (NRC, the Commission) received, and is considering approval of, one request to amend two licenses. The license amendment request is for Catawba Nuclear Station, Units 1 and 2. For the license amendment request, the NRC proposes to determine that it involves no significant hazards consideration (NSHC). Because the amendment request contains sensitive unclassified non-safeguards information (SUNSI), the NRC is issuing an order imposing procedures to obtain access to SUNSI for contention preparation by persons who file a hearing request or petition for leave to intervene.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        Comments must be filed by August 13, 2026. A request for a hearing or petitions for leave to intervene must be filed by September 14, 2026. Any potential party as defined in section 2.4 of title 10 of the 
                        <E T="03">Code of Federal Regulations</E>
                         (10 CFR) who believes access to SUNSI is necessary to respond to this notice must request document access by July 24, 2026.
                    </P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>You may submit comments by any of the following methods; however, the NRC encourages electronic comment submission through the Federal rulemaking website.</P>
                    <P>
                        • 
                        <E T="03">Federal rulemaking Website:</E>
                         Go to 
                        <E T="03">https://www.regulations.gov</E>
                         and search for Docket ID NRC-2026-3037. Address questions about Docket IDs in 
                        <E T="03">Regulations.gov</E>
                         to Bridget Curran; telephone: 301-415-1003; email: 
                        <E T="03">Bridget.Curran@nrc.gov.</E>
                         For technical questions, contact the individual(s) listed in the 
                        <E T="02">For Further Information Contact</E>
                         section of this document.
                    </P>
                    <P>
                        • 
                        <E T="03">Mail comments to:</E>
                         Office of Nuclear Material Safety and Safeguards, Mail Stop: TWFN-5-A85, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, ATTN: Program Management, Announcements and Editing Staff.
                    </P>
                    <P>
                        For additional direction on obtaining information and submitting comments, see “Obtaining Information and Submitting Comments” in the 
                        <E T="02">SUPPLEMENTARY INFORMATION</E>
                         section of this document.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Susan Lent, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-1365; email: 
                        <E T="03">Susan.Lent@nrc.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">I. Obtaining Information and Submitting Comments</HD>
                <HD SOURCE="HD2">A. Obtaining Information</HD>
                <P>Please refer to Docket ID NRC-2026-3037, facility name, unit number(s), docket number(s), application date, and subject when contacting the NRC about the availability of information for this action. You may obtain publicly available information related to this action by any of the following methods:</P>
                <P>
                    • 
                    <E T="03">Federal Rulemaking Website:</E>
                     Go to 
                    <E T="03">https://www.regulations.gov</E>
                     and search for Docket ID NRC-2026-3037.
                </P>
                <P>
                    • 
                    <E T="03">NRC's Agencywide Documents Access and Management System (ADAMS):</E>
                     You may obtain publicly available documents online in the ADAMS Public Documents collection at 
                    <E T="03">https://www.nrc.gov/reading-rm/adams.html.</E>
                     To begin the search, select “Begin ADAMS Public Search.” For problems with ADAMS, please contact the NRC's Public Document Room (PDR) reference staff at 1-800-397-4209, at 301-415-4737, or by email to 
                    <E T="03">PDR.Resource@nrc.gov.</E>
                     The ADAMS accession number for each document referenced (if it is available in ADAMS) is provided the first time that it is mentioned in this document.
                </P>
                <P>
                    • 
                    <E T="03">NRC's PDR:</E>
                     The PDR, where you may examine and order copies of publicly available documents, is open by appointment. To make an appointment to visit the PDR, please send an email to 
                    <E T="03">PDR.Resource@nrc.gov</E>
                     or call 1-800-397-4209 or 301-415-4737, between 8 a.m. and 4 p.m. Eastern Time (ET), Monday through Friday, except Federal holidays.
                </P>
                <HD SOURCE="HD2">B. Submitting Comments</HD>
                <P>
                    The NRC encourages electronic comment submission through the Federal rulemaking website (
                    <E T="03">https://www.regulations.gov</E>
                    ). Please include Docket ID NRC-2026-3037, facility name, unit number(s), docket number(s), application date, and subject in your comment submission.
                </P>
                <P>
                    The NRC cautions you not to include identifying or contact information that you do not want to be publicly disclosed in your comment submission. The NRC will post all comment submissions at 
                    <E T="03">https://www.regulations.gov</E>
                     as well as enter the comment submissions into ADAMS. The NRC does not routinely edit comment submissions to remove identifying or contact information.
                </P>
                <P>
                    If you are requesting or aggregating comments from other persons for submission to the NRC, then you should inform those persons not to include identifying or contact information that they do not want to be publicly 
                    <PRTPAGE P="43115"/>
                    disclosed in their comment submission. Your request should state that the NRC does not routinely edit comment submissions to remove such information before making the comment submissions available to the public or entering the comment into ADAMS.
                </P>
                <HD SOURCE="HD1">II. Background</HD>
                <P>Pursuant to section 189a.(1)-(2) of the Atomic Energy Act of 1954, as amended (the Act), the NRC is publishing this notice. The Act requires the Commission to publish notice of any amendments issued or proposed to be issued and grants the Commission the authority to issue and make immediately effective any amendment to an operating license or combined license, as applicable, upon a determination by the Commission that such amendment involves NSHC, notwithstanding the pendency before the Commission of a request for a hearing from any person.</P>
                <P>This notice includes notices of license amendments containing SUNSI.</P>
                <HD SOURCE="HD1">III. Notice of Consideration of Issuance of Amendments to Facility Operating License, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing</HD>
                <P>The Commission has made a proposed determination that the following license amendment request involve NSHC. Under the Commission's regulations in 10 CFR 50.92, this means that operation of the facility in accordance with the proposed amendments would not (1) involve a significant increase in the probability or consequences of an accident previously evaluated, or (2) create the possibility of a new or different kind of accident from any accident previously evaluated, or (3) involve a significant reduction in a margin of safety. The basis for this proposed determination for each license amendment request is shown as follows.</P>
                <P>The Commission is seeking public comments on these proposed NSHC determinations. Any comments received within 30 days after the date of publication of this notice will be considered in making any final determination.</P>
                <P>
                    Normally, the Commission will not issue the license amendment until the expiration of 60 days after the date of publication of this notice. The Commission may issue any of these license amendments before expiration of the 60-day period provided that its final determination is that the amendment involves no significant hazards consideration. In addition, the Commission may issue the amendments prior to the expiration of the 30-day comment period if circumstances change during the 30-day comment period such that failure to act in a timely way would result, for example, in derating or shutdown of the facility. If the Commission takes action on any of these license amendments prior to the expiration of either the comment period or the notice period, it will publish a notice of issuance in the 
                    <E T="04">Federal Register</E>
                    . If the Commission makes a final no significant hazards consideration determination for any of these license amendments, any hearing on those amendments will take place after issuance. The Commission expects that the need to take this action will occur very infrequently.
                </P>
                <HD SOURCE="HD2">A. Opportunity To Request a Hearing and Petition for Leave To Intervene</HD>
                <P>Within 60 days after the date of publication of this notice, any person (petitioner) whose interest may be affected by any of these actions may file a request for a hearing and petition for leave to intervene (petition) with respect to that action. Petitions shall be filed in accordance with the Commission's “Agency Rules of Practice and Procedure,” in 10 CFR part 2. Interested persons should consult 10 CFR 2.309. If a petition is filed, the Commission or a presiding officer will rule on the petition and, if appropriate, a notice of a hearing will be issued.</P>
                <P>Petitions must be filed no later than 60 days from the date of publication of this notice in accordance with the filing instructions in the “Electronic Submissions (E-Filing)” section of this document. Petitions and motions for leave to file new or amended contentions that are filed after the deadline will not be entertained absent a determination by the presiding officer that the filing demonstrates good cause by satisfying the three factors in 10 CFR 2.309(c)(1)(i) through (iii).</P>
                <P>If a hearing is requested, and the Commission has not made a final determination on the issue of NSHC, the Commission will make a final determination on the issue of NSHC, which will serve to establish when the hearing is held. If the final determination is that the license amendment request involves NSHC, the Commission may issue the amendment and make it immediately effective, notwithstanding the request for a hearing. Any hearing would take place after issuance of the amendment. If the final determination is that the license amendment request involves a significant hazards consideration, then any hearing held would take place before the issuance of the amendment unless the Commission finds an imminent danger to the health or safety of the public, in which case it will issue an appropriate order or rule under 10 CFR part 2.</P>
                <P>A State, local governmental body, Federally recognized Indian Tribe, or designated agency thereof, may submit a petition to the Commission to participate as a party under 10 CFR 2.309(h) no later than 60 days from the date of publication of this notice. Alternatively, a State, local governmental body, Federally recognized Indian Tribe, or designated agency thereof, may participate as a non-party under 10 CFR 2.315(c).</P>
                <P>
                    For information about filing a petition and about participation by a person not a party under 10 CFR 2.315, see ADAMS Accession No. ML20340A053 (
                    <E T="03">https://adamswebsearch2.nrc.gov/webSearch2/main.jsp?AccessionNumber=ML20340A053</E>
                    ) and the NRC's public website (
                    <E T="03">https://www.nrc.gov/about-nrc/regulatory/adjudicatory/hearing.html#participate</E>
                    ).
                </P>
                <HD SOURCE="HD2">B. Electronic Submissions (E-Filing)</HD>
                <P>
                    All documents filed in NRC adjudicatory proceedings, including documents filed by an interested State, local governmental body, Federally recognized Indian Tribe, or designated agency thereof that requests to participate under 10 CFR 2.315(c), must be filed in accordance with 10 CFR 2.302. The E-Filing process requires participants to submit and serve all adjudicatory documents over the internet, or in some cases, to mail copies on electronic storage media, unless an exemption permitting an alternative filing method, as further discussed, is granted. Detailed guidance on electronic submissions is located in the “Guidance for Electronic Submissions to the NRC” (ADAMS Accession No. ML13031A056), and on the NRC's public website (
                    <E T="03">https://www.nrc.gov/site-help/e-submittals.html</E>
                    ).
                </P>
                <P>
                    To comply with the procedural requirements of E-Filing, at least 10 days prior to the filing deadline, the participant should contact the Office of the Secretary by email at 
                    <E T="03">Hearing.Docket@nrc.gov,</E>
                     or by telephone at 301-415-1677, to: (1) request a digital identification (ID) certificate which allows the participant (or their counsel or representative) to digitally sign submissions and access the E-Filing system for any proceeding in which it is participating; and (2) advise the Secretary that the participant will be submitting a petition or other adjudicatory document (even in instances in which the participant, or their counsel or representative, already holds an NRC-issued digital ID 
                    <PRTPAGE P="43116"/>
                    certificate). Based upon this information, the Secretary will establish an electronic docket for the proceeding if the Secretary has not already established an electronic docket.
                </P>
                <P>
                    Information about applying for a digital ID certificate is available on the NRC's public website (
                    <E T="03">https://www.nrc.gov/site-help/e-submittals/getting-started.html</E>
                    ). After a digital ID certificate is obtained and a docket is created, the participant must submit adjudicatory documents in the Portable Document Format. Guidance on submissions is available on the NRC's public website (
                    <E T="03">https://www.nrc.gov/site-help/electronic-sub-ref-mat.html</E>
                    ). A filing is considered complete at the time the document is submitted through the NRC's E-Filing system. To be timely, an electronic filing must be submitted to the E-Filing system no later than 11:59 p.m. ET on the due date. Upon receipt of a transmission, the E-Filing system time-stamps the document and sends the submitter an email confirming receipt of the document. The E-Filing system also distributes an email that provides access to the document to the NRC's Office of the General Counsel and any others who have advised the Office of the Secretary that they wish to participate in the proceeding, so that the filer need not serve the document on those participants separately. Therefore, applicants and other participants (or their counsel or representative) must apply for and receive a digital ID certificate before adjudicatory documents are filed in order to obtain access to the documents via the E-Filing system.
                </P>
                <P>
                    A person filing electronically using the NRC's adjudicatory E-Filing system may seek assistance by contacting the NRC's Electronic Filing Help Desk through the “Contact Us” link located on the NRC's public website (
                    <E T="03">https://www.nrc.gov/site-help/e-submittals.html</E>
                    ), by email to 
                    <E T="03">MSHD.Resource@nrc.gov,</E>
                     or by a toll-free call at 1-866-672-7640. The NRC Electronic Filing Help Desk is available between 9 a.m. and 6 p.m., ET, Monday through Friday, except Federal holidays.
                </P>
                <P>Participants who believe that they have good cause for not submitting documents electronically must file an exemption request, in accordance with 10 CFR 2.302(g), with their initial paper filing stating why there is good cause for not filing electronically and requesting authorization to continue to submit documents in paper format. Such filings must be submitted in accordance with 10 CFR 2.302(b)-(d). Participants filing adjudicatory documents in this manner are responsible for serving their documents on all other participants. Participants granted an exemption under 10 CFR 2.302(g)(2) must still meet the electronic formatting requirement in 10 CFR 2.302(g)(1), unless the participant also seeks and is granted an exemption from 10 CFR 2.302(g)(1).</P>
                <P>
                    Documents submitted in adjudicatory proceedings will appear in the NRC's electronic hearing docket, which is publicly available on the NRC's public website (
                    <E T="03">https://adams.nrc.gov/ehd</E>
                    ), unless otherwise excluded pursuant to an order of the presiding officer. If you do not have an NRC-issued digital ID certificate as previously described, click “cancel” when the link requests certificates and you will be automatically directed to the NRC's electronic hearing docket where you will be able to access any publicly available documents in a particular hearing docket. Participants are requested not to include personal privacy information such as social security numbers, home addresses, or personal phone numbers in their filings unless an NRC regulation or other law requires submission of such information. With respect to copyrighted works, except for limited excerpts that serve the purpose of the adjudicatory filings and would constitute a Fair Use application, participants should not include copyrighted materials in their submission.
                </P>
                <P>The following table provides the plant name, docket numbers, date of application, ADAMS accession number, and location in the application of the licensee's proposed NSHC determination. For further details with respect to these license amendment applications, see the applications for amendment, publicly available portions of which are available for public inspection in ADAMS. For additional direction on accessing information related to this document, see the “Obtaining Information and Submitting Comments” section of this document.</P>
                <GPOTABLE COLS="2" OPTS="L2,nj,tp0,p1,8/9,i1" CDEF="s100,r100">
                    <TTITLE> </TTITLE>
                    <BOXHD>
                        <CHED H="1"> </CHED>
                        <CHED H="1"> </CHED>
                    </BOXHD>
                    <ROW EXPSTB="01" RUL="s">
                        <ENT I="21">
                            <E T="02">Duke Energy Carolinas, LLC; Catawba Nuclear Station, Units 1 and 2; York County, SC</E>
                        </ENT>
                    </ROW>
                    <ROW EXPSTB="00">
                        <ENT I="01">Docket Nos</ENT>
                        <ENT>50-413, 50-414.</ENT>
                    </ROW>
                    <ROW EXPSTB="00">
                        <ENT I="01">Application Date</ENT>
                        <ENT>April 9, 2026.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">ADAMS Accession No.</ENT>
                        <ENT>ML26099A094.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Location in Application of NSHC</ENT>
                        <ENT>Pages 10-12 of Enclosure 1.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Brief Description of Amendments</ENT>
                        <ENT>
                            Duke Energy Carolinas, LLC proposed license amendments to update the list of approved analytical methods used to determine the core operating limits provided in Technical Specification 5.6.5, “Core Operating Limits Report,” to reflect the Catawba Nuclear Station, Unit 2 adoption of the Westinghouse Electric Company, LLC topical report WCAP-16996-P-A, Revision 1, “Realistic LOCA [Loss of Coolant Accident] Evaluation Methodology Applied to the Full Spectrum of Break Sizes (FULL SPECTRUM
                            <SU>TM</SU>
                             LOCA Methodology)” (ADAMS Package Accession No. ML17277A130).
                        </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Proposed Determination</ENT>
                        <ENT>NSHC.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Name of Attorney for Licensee, Mailing Address</ENT>
                        <ENT>Tracey Mitchell LeRoy, Deputy General Counsel, Duke Energy Corporation, 525 S Tryon Street, Charlotte, NC 28202.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">NRC Project Manager, Telephone Number</ENT>
                        <ENT>John Klos, 301-415-5136.</ENT>
                    </ROW>
                </GPOTABLE>
                <PRTPAGE P="43117"/>
                <HD SOURCE="HD1">Order Imposing Procedures for Access to Sensitive Unclassified Non-Safeguards Information for Contention Preparation Duke Energy Carolinas, LLC; Catawba Nuclear Station, Units 1 and 2; York County, SC</HD>
                <P>A. This Order contains instructions regarding how potential parties to this proceeding may request access to documents containing Sensitive Unclassified Non-Safeguards Information (SUNSI).</P>
                <P>B. Within 10 days after publication of this notice of hearing or opportunity for hearing, any potential party who believes access to SUNSI is necessary to respond to this notice may request access to SUNSI. A “potential party” is any person who intends to participate as a party by demonstrating standing and filing an admissible contention under 10 CFR 2.309. Requests for access to SUNSI submitted later than 10 days after publication of this notice will not be considered absent a showing of good cause for the late filing, addressing why the request could not have been filed earlier.</P>
                <P>
                    C. The requestor shall submit a letter requesting permission to access SUNSI to the Office of the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemakings and Adjudications Staff, and provide a copy to the Deputy General Counsel for Licensing, Hearings, and Enforcement, Office of the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. The expedited delivery or courier mail address for both offices is: U.S. Nuclear Regulatory Commission, 11555 Rockville Pike, Rockville, Maryland 20852. The email addresses for the Office of the Secretary and the Office of the General Counsel are 
                    <E T="03">Hearing.Docket@nrc.gov</E>
                     and 
                    <E T="03">RidsOgcMailCenter.Resource@nrc.gov,</E>
                     respectively.
                    <SU>1</SU>
                    <FTREF/>
                     The request must include the following information:
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         While a request for hearing or petition to intervene in this proceeding must comply with the filing requirements of the NRC's “E-Filing Rule,” the initial request to access SUNSI under these procedures should be submitted as described in this paragraph.
                    </P>
                </FTNT>
                <P>
                    (1) A description of the licensing action with a citation to this 
                    <E T="04">Federal Register</E>
                     notice;
                </P>
                <P>(2) The name and address of the potential party and a description of the potential party's particularized interest that could be harmed by the action identified in C.(1); and</P>
                <P>(3) The identity of the individual or entity requesting access to SUNSI and the requestor's basis for the need for the information in order to meaningfully participate in this adjudicatory proceeding. In particular, the request must explain why publicly available versions of the information requested would not be sufficient to provide the basis and specificity for a proffered contention.</P>
                <P>D. Based on an evaluation of the information submitted under paragraph C, the NRC staff will determine within 10 days of receipt of the request whether:</P>
                <P>(1) There is a reasonable basis to believe the petitioner is likely to establish standing to participate in this NRC proceeding; and</P>
                <P>(2) The requestor has established a legitimate need for access to SUNSI.</P>
                <P>
                    E. If the NRC staff determines that the requestor satisfies both D.(1) and D.(2), the NRC staff will notify the requestor in writing that access to SUNSI has been granted. The written notification will contain instructions on how the requestor may obtain copies of the requested documents, and any other conditions that may apply to access to those documents. These conditions may include, but are not limited to, the signing of a Non-Disclosure Agreement or Affidavit, or Protective Order 
                    <SU>2</SU>
                    <FTREF/>
                     setting forth terms and conditions to prevent the unauthorized or inadvertent disclosure of SUNSI by each individual who will be granted access to SUNSI.
                </P>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         Any motion for Protective Order or proposed Non-Disclosure Affidavit or Agreement for SUNSI must be filed with the presiding officer or the Chief Administrative Judge if the presiding officer has not yet been designated, within 30 days of the deadline for the receipt of the written access request.
                    </P>
                </FTNT>
                <P>F. Filing of Contentions. Any contentions in these proceedings that are based upon the information received as a result of the request made for SUNSI must be filed by the requestor no later than 25 days after receipt of (or access to) that information. However, if more than 25 days remain between the petitioner's receipt of (or access to) the information and the deadline for filing all other contentions (as established in the notice of hearing or opportunity for hearing), the petitioner may file its SUNSI contentions by that later deadline.</P>
                <P>G. Review of Denials of Access.</P>
                <P>(1) If the request for access to SUNSI is denied by the NRC staff after a determination on standing and requisite need, the NRC staff shall immediately notify the requestor in writing, briefly stating the reason or reasons for the denial.</P>
                <P>(2) The requestor may challenge the NRC staff's adverse determination by filing a challenge within five days of receipt of that determination with: (a) the presiding officer designated in this proceeding; (b) if no presiding officer has been appointed, the Chief Administrative Judge, or if this individual is unavailable, another administrative judge, or an Administrative Law Judge with jurisdiction pursuant to 10 CFR 2.318(a); or (c) if another officer has been designated to rule on information access issues, with that officer.</P>
                <P>(3) Further appeals of decisions under this paragraph must be made pursuant to 10 CFR 2.311.</P>
                <P>H. Review of Grants of Access. A party other than the requestor may challenge an NRC staff determination granting access to SUNSI whose release would harm that party's interest independent of the proceeding. Such a challenge must be filed within 5 days of the notification by the NRC staff of its grant of access and must be filed with: (a) the presiding officer designated in this proceeding; (b) if no presiding officer has been appointed, the Chief Administrative Judge, or if this individual is unavailable, another administrative judge, or an Administrative Law Judge with jurisdiction pursuant to 10 CFR 2.318(a); or (c) if another officer has been designated to rule on information access issues, with that officer.</P>
                <P>
                    If challenges to the NRC staff determinations are filed, these procedures give way to the normal process for litigating disputes concerning access to information. The availability of interlocutory review by the Commission of orders ruling on such NRC staff determinations (whether granting or denying access) is governed by 10 CFR 2.311.
                    <SU>3</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         Requestors should note that the filing requirements of the NRC's E-Filing Rule (72 FR 49139; August 28, 2007, as amended at 77 FR 46562; August 3, 2012, 78 FR 34247; June 7, 2013) apply to appeals of NRC staff determinations (because they must be served on a presiding officer or the Commission, as applicable), but not to the initial SUNSI request submitted to the NRC staff under these procedures.
                    </P>
                </FTNT>
                <P>I. The Commission expects that the NRC staff and presiding officers (and any other reviewing officers) will consider and resolve requests for access to SUNSI, and motions for protective orders, in a timely fashion in order to minimize any unnecessary delays in identifying those petitioners who have standing and who have propounded contentions meeting the specificity and basis requirements in 10 CFR part 2. The attachment to this Order summarizes the general target schedule for processing and resolving requests under these procedures.</P>
                <P>It is so ordered.</P>
                <P>
                    <E T="03">Authority:</E>
                     42 U.S.C. 2011 
                    <E T="03">et seq.</E>
                </P>
                <SIG>
                    <PRTPAGE P="43118"/>
                    <DATED>Dated: July 10, 2026.</DATED>
                    <P>For the Nuclear Regulatory Commission.</P>
                    <NAME>Russell E. Chazell,</NAME>
                    <TITLE>Acting Secretary of the Commission.</TITLE>
                </SIG>
                <HD SOURCE="HD1">Attachment 1—General Target Schedule for Processing and Resolving Requests for Access to Sensitive Unclassified Non-Safeguards Information in This Proceeding</HD>
                <GPOTABLE COLS="2" OPTS="L2,nj,tp0,i1" CDEF="xs36,r200">
                    <TTITLE> </TTITLE>
                    <BOXHD>
                        <CHED H="1">Day</CHED>
                        <CHED H="1">Event/activity</CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">0</ENT>
                        <ENT>
                            Publication of 
                            <E T="02">Federal Register</E>
                             notice of hearing or opportunity for hearing, including order with instructions for access requests.
                        </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">10</ENT>
                        <ENT>Deadline for submitting requests for access to Sensitive Unclassified Non-Safeguards Information (SUNSI) with information: (i) supporting the standing of a potential party identified by name and address; and (ii) describing the need for the information in order for the potential party to participate meaningfully in an adjudicatory proceeding.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">60</ENT>
                        <ENT>Deadline for submitting petition for intervention containing: (i) demonstration of standing; and (ii) all contentions whose formulation does not require access to SUNSI (+25 Answers to petition for intervention; +7 petitioner/requestor reply).</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">20</ENT>
                        <ENT>U.S. Nuclear Regulatory Commission (NRC) staff informs the requestor of the staff's determination whether the request for access provides a reasonable basis to believe standing can be established and shows need for SUNSI. (NRC staff also informs any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information.) If NRC staff makes the finding of need for SUNSI and likelihood of standing, NRC staff begins document processing (preparation of redactions or review of redacted documents).</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">25</ENT>
                        <ENT>If NRC staff finds no “need” or no likelihood of standing, the deadline for petitioner/requestor to file a motion seeking a ruling to reverse the NRC staff's denial of access; NRC staff files copy of access determination with the presiding officer (or Chief Administrative Judge or other designated officer, as appropriate). If NRC staff finds “need” for SUNSI, the deadline for any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information to file a motion seeking a ruling to reverse the NRC staff's grant of access.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">30</ENT>
                        <ENT>Deadline for NRC staff reply to motions to reverse NRC staff determination(s).</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">40</ENT>
                        <ENT>(Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and file motion for Protective Order and proposed Non-Disclosure Agreement or Affidavit. Deadline for applicant/licensee to file proposed Non-Disclosure Agreement or Affidavit for SUNSI.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">A</ENT>
                        <ENT>If access is granted: issuance of presiding officer or other designated officer decision on motion for Protective Order for access to sensitive information (including schedule for providing access and submission of contentions) or decision reversing a final adverse determination by the NRC staff.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">A + 3</ENT>
                        <ENT>Deadline for filing executed Non-Disclosure Agreements or Affidavits. Access provided to SUNSI consistent with decision issuing the Protective Order.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">A + 28</ENT>
                        <ENT>Deadline for submission of contentions whose development depends upon access to SUNSI. However, if more than 25 days remain between the petitioner's receipt of (or access to) the information and the deadline for filing all other contentions (as established in the notice of hearing or notice of opportunity for hearing), the petitioner may file its SUNSI contentions by that later deadline.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">A + 53</ENT>
                        <ENT>(Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">A + 60</ENT>
                        <ENT>(Answer receipt +7) Petitioner/Intervenor reply to answers.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">&gt;A + 60</ENT>
                        <ENT>Decision on contention admission.</ENT>
                    </ROW>
                </GPOTABLE>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-14116 Filed 7-13-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 7590-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">POSTAL REGULATORY COMMISSION</AGENCY>
                <DEPDOC>[Docket Nos. K2025-1568; MC2026-298 and K2026-295]</DEPDOC>
                <SUBJECT>New Postal Products</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Postal Regulatory Commission.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Commission is noticing a recent Postal Service filing for the Commission's consideration concerning a negotiated service agreement. This notice informs the public of the filing, invites public comment, and takes other administrative steps.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        <E T="03">Comments are due:</E>
                         July 17, 2026.
                    </P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Submit comments electronically via the Commission's Filing Online system at 
                        <E T="03">https://www.prc.gov.</E>
                         Those who cannot submit comments electronically should contact the person identified in the 
                        <E T="02">FOR FURTHER INFORMATION CONTACT</E>
                         section by telephone for advice on filing alternatives.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>David A. Trissell, General Counsel, at 202-789-6820.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">Table of Contents</HD>
                <EXTRACT>
                    <FP SOURCE="FP-2">I. Introduction</FP>
                    <FP SOURCE="FP-2">II. Public Proceeding(s)</FP>
                    <FP SOURCE="FP-2">III. Summary Proceeding(s)</FP>
                </EXTRACT>
                <HD SOURCE="HD1">I. Introduction</HD>
                <P>Pursuant to 39 CFR 3041.405, the Commission gives notice that the Postal Service filed request(s) for the Commission to consider matters related to Competitive negotiated service agreement(s). The request(s) may propose the addition of a negotiated service agreement from the Competitive product list or the modification of an existing product currently appearing on the Competitive product list.</P>
                <P>
                    The public portions of the Postal Service's request(s) can be accessed via the Commission's website (
                    <E T="03">http://www.prc.gov</E>
                    ). Non-public portions of the Postal Service's request(s), if any, can be accessed through compliance with the requirements of 39 CFR 3011.301.
                    <SU>1</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         
                        <E T="03">See</E>
                         Docket No. RM2018-3, Order Adopting Final Rules Relating to Non-Public Information, June 27, 2018, Attachment A at 19-22 (Order No. 4679).
                    </P>
                </FTNT>
                <P>
                    Section II identifies the docket number(s) associated with each Postal Service request, if any, that will be reviewed in a public proceeding as defined by 39 CFR 3010.101(p), the title of each such request, the request's acceptance date, and the authority cited by the Postal Service for each request. For each such request, the Commission appoints an officer of the Commission to represent the interests of the general public in the proceeding, pursuant to 39 
                    <PRTPAGE P="43119"/>
                    U.S.C. 505 and 39 CFR 3000.114 (Public Representative). The Public Representative does not represent any individual person, entity or particular point of view, and, when Commission attorneys are appointed, no attorney-client relationship is established. Section II also establishes comment deadline(s) pertaining to each such request.
                </P>
                <P>The Commission invites comments on whether the Postal Service's request(s) identified in Section II, if any, are consistent with the policies of title 39. Applicable statutory and regulatory requirements include 39 U.S.C. 3632, 39 U.S.C. 3633, 39 U.S.C. 3642, 39 CFR part 3035, and 39 CFR part 3041. Comment deadline(s) for each such request, if any, appear in Section II.</P>
                <P>
                    Section III identifies the docket number(s) associated with each Postal Service request, if any, to add a standardized distinct product to the Competitive product list or to amend a standardized distinct product, the title of each such request, the request's acceptance date, and the authority cited by the Postal Service for each request. Standardized distinct products are negotiated service agreements that are variations of one or more Competitive products, and for which financial models, minimum rates, and classification criteria have undergone advance Commission review. 
                    <E T="03">See</E>
                     39 CFR 3041.110(n); 39 CFR 3041.205(a). Such requests are reviewed in summary proceedings pursuant to 39 CFR 3041.325(c)(2) and 39 CFR 3041.505(f)(1). Pursuant to 39 CFR 3041.405(c)-(d), the Commission does not appoint a Public Representative or request public comment in proceedings to review such requests.
                </P>
                <HD SOURCE="HD1">II. Public Proceeding(s)</HD>
                <HD SOURCE="HD2">
                    1. 
                    <E T="03">Docket No(s)</E>
                    .: K2025-1568; Filing Title: Request of the United States Postal Service Concerning Modification One to Priority Mail Express International, Priority Mail International &amp; First-Class Package International Service Contract 78, Which Includes an Extension of That Agreement; 
                    <E T="03">Filing Acceptance Date</E>
                    : July 9, 2026; 
                    <E T="03">Filing Authority</E>
                    : 39 CFR 3041.505, and 3041.515; 
                    <E T="03">Public Representative</E>
                    : Maxine Bradley; 
                    <E T="03">Comments Due</E>
                    : July 17, 2026.
                </HD>
                <HD SOURCE="HD1">III. Summary Proceeding(s)</HD>
                <HD SOURCE="HD2">
                    1. 
                    <E T="03">Docket No(s)</E>
                    .: MC2026-298 and K2026-295; 
                    <E T="03">Filing Title</E>
                    : USPS Request to Add New Mid-Market Standardized Distinct Product, PM-GA Contract 1034, and Notice of Filing Materials Under Seal; 
                    <E T="03">Filing Acceptance Date</E>
                    : July 9, 2026; 
                    <E T="03">Filing Authority</E>
                    : 39 U.S.C. 3642 and 3633, 39 CFR 3035.105, and 39 CFR 3041.325.
                </HD>
                <P>
                    This Notice will be published in the 
                    <E T="04">Federal Register</E>
                    .
                </P>
                <SIG>
                    <NAME>Danielle LeFlore,</NAME>
                    <TITLE>Legal Assistant.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-14142 Filed 7-13-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 7710-FW-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">SECURITIES AND EXCHANGE COMMISSION</AGENCY>
                <DEPDOC>[Release No. 34-105875; File No. SR-DTC-2026-007] </DEPDOC>
                <SUBJECT>Self-Regulatory Organizations; The Depository Trust Company; Suspension of and Order Instituting Proceedings To Determine Whether To Approve or Disapprove the Proposed Rule Change To Amend the DTC Operational Arrangements (Necessary for Securities To Become and Remain Eligible for DTC Services)</SUBJECT>
                <DATE>July 9, 2026.</DATE>
                <HD SOURCE="HD1">I. Introduction</HD>
                <P>
                    On May 11, 2026, the Depository Trust Company (“DTC”) filed with the Securities and Exchange Commission (“Commission”) a proposed rule change, File No. SR-DTC-2026-007, pursuant to Section 19(b)(1) of the Act 
                    <SU>1</SU>
                    <FTREF/>
                     and Rule 19b-4 thereunder.
                    <SU>2</SU>
                    <FTREF/>
                     The proposed rule change was immediately effective upon filing with the Commission pursuant to Section 19(b)(3)(A) of the Act.
                    <SU>3</SU>
                    <FTREF/>
                     The proposed rule change was published for comment in the 
                    <E T="04">Federal Register</E>
                     on May 22, 2026.
                    <SU>4</SU>
                    <FTREF/>
                     Under Section 19(b)(3)(C) of the Act,
                    <SU>5</SU>
                    <FTREF/>
                     the Commission is hereby: (i) temporarily suspending File No. SR-DTC-2026-007; and (ii) instituting proceedings to determine whether to approve or disapprove File No. SR-DTC-2026-007.
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         15 U.S.C. 78s(b)(1).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         17 CFR 240.19b-4.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         15 U.S.C. 78s(b)(3)(A).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         Securities Exchange Act Release No. 105522 (May 19, 2026), 91 FR 30346 (May 22, 2026) (SR-DTC-2026-007) (“Notice”).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         15 U.S.C. 78s(b)(3)(C).
                    </P>
                </FTNT>
                <HD SOURCE="HD1">II. Description of the Proposed Rule Change</HD>
                <P>The proposed rule change by DTC would amend the DTC Operational Arrangements (Necessary for Securities to Become and Remain Eligible for DTC Services) (the “OA”) to consolidate and update the documentation for Agents processing Participant instruction for a corporate action offer, election, solicitation or tabulation (each, an “Offer”) through the DTC Automated Tender Offer Program (ATOP) or DTC Automated Subscription Offer Program (ASOP). Specifically, DTC is proposing to amend the OA to: (i) replace the discrete designation of an ATOP Agent and ASOP Agent with a combined designation of an “ATOP/ASOP Agent,” which would be permitted to process both types of Offers; (ii) replace the discrete and separate agreements for ATOP Agents and ASOP Agents with a consolidated and updated single form of master agreement applicable to ATOP/ASOP Agents; and (iii) insert consolidated procedures for ATOP/ASOP Agents that reflect the current processing of ATOP-eligible and ASOP-eligible Offers.</P>
                <HD SOURCE="HD1">III. Summary of Comment Received</HD>
                <P>
                    On June 11 and June 26, 2026, the Commission received comment letters on the proposed rule change from the Securities Transfer Association (“STA”).
                    <SU>6</SU>
                    <FTREF/>
                     In a comment letter, STA expressed concern that the proposed rule change would “make significant changes to current processing,” which would be “operationally impractical for transfer agents,” or “require entirely new processes.” 
                    <SU>7</SU>
                    <FTREF/>
                     STA further comments that the proposed rule change “imposes objectionable new requirements, would increase manual transaction processing . . . appears to shift risk and liability to transfer agents, including through a new Master Agreement that Agents will be required to execute,” and “may conflict with 
                    <PRTPAGE P="43120"/>
                    standard offer terms [that] could result in unequal treatment of investors.” 
                    <SU>8</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>6</SU>
                         
                        <E T="03">See</E>
                         letters from Peter Duggan, STA, dated June 11, 2026, (“STA Letter 1”), and Melissa J. Cabocel, STA, dated June 26, 2026, (“STA Letter 2”) to Vanessa Countryman, Secretary, Commission at 
                        <E T="03">https://www.sec.gov/rules-regulations/public-comments/sr-dtc-2026-007.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>7</SU>
                         STA Letter 2 at 1.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>8</SU>
                         STA Letter 2 at 1-2.
                    </P>
                </FTNT>
                <P>
                    STA comments that the new Master Agreement creates new obligations, which impose legal and financial risks to Agents. Sections 3 and 4 of the Master Agreement between the Agent and DTC would bind Issuers, which the STA contends is outside of their authority. “Expecting Agents to make representations and warranties on behalf of Issuers and binding Issuers to the terms of the Master Agreement is both unreasonable and contrary to contract and principal/agency law.” 
                    <SU>9</SU>
                    <FTREF/>
                     STA continues, “Agents have no legal authority to bind their clients to DTC's contractual terms or to deviate from Offer terms.” 
                    <SU>10</SU>
                    <FTREF/>
                     Section 2 of the Master Agreement would substitute submission to DTC for submission to the Agent in violation of the terms of the Offer, thus giving an advantage to those Participants over registered owners who must submit their elections or tenders directly to Agents prior to the cutoff time.
                    <SU>11</SU>
                    <FTREF/>
                     Sections 5 and 6 require “immediate” or “prompt” action by an Agent, which may not be plausible and directly conflicts with standard offer documentation disclaimers.
                    <SU>12</SU>
                    <FTREF/>
                     Finally, Section 7 of the Master Agreement allows DTC to terminate an Offer at its discretion, which would introduce significant uncertainty for Agents and Issuers.
                    <SU>13</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>9</SU>
                         STA Letter 2 at 2.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>10</SU>
                         STA Letter 2 at 2.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>11</SU>
                         STA Letter 2 at 2.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>12</SU>
                         STA Letter 2 at 2-3.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>13</SU>
                         STA Letter 2 at 3.
                    </P>
                </FTNT>
                <P>
                    Regarding changes to the OA, the STA comments that the proposed rule change lacks clarity on what Offers would be considered “non-standard” and thus trigger additional requirements.
                    <SU>14</SU>
                    <FTREF/>
                     STA also comments that the proposed rule change's requirement to verify the validity of and accept or reject a withdrawal of acceptance of an offer within 30 minutes after DTC's cutoff time presents additional burden and risks to Agents who cannot transmit messages to DTC after cutoff time, and creates an unclear process with unnecessary and burdensome steps.
                    <SU>15</SU>
                    <FTREF/>
                     Regarding the revised requirement that Agents provide specific rate and entitlement information to DTC, STA comments that the language is unclear and provides DTC complete discretion as to what information to accept.
                    <SU>16</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>14</SU>
                         STA Letter 2 at 4.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>15</SU>
                         STA Letter 2 at 5.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>16</SU>
                         STA Letter 2 at 4.
                    </P>
                </FTNT>
                <P>
                    In addition, STA states that the proposed rule change does not address areas of concern with ATOP/ASOP processes previously expressed by Agents to DTC including a misalignment of DTC's cutoff time to receive instructions and the expiration time of a specific Offer.
                    <SU>17</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>17</SU>
                         STA Letter 2 at 5-6.
                    </P>
                </FTNT>
                <HD SOURCE="HD1">IV. Suspension of File No. SR-DTC-2026-007</HD>
                <P>
                    Pursuant to Section 19(b)(3)(C) of the Act,
                    <SU>18</SU>
                    <FTREF/>
                     at any time within 60 days of the date of filing of a proposed rule change pursuant to Section 19(b)(1) of the Act,
                    <SU>19</SU>
                    <FTREF/>
                     the Commission summarily may temporarily suspend the change in the rules of a self-regulatory organization if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. As discussed further below, the Commission believes a temporary suspension of the proposed rule change is warranted here to allow for additional analysis of the proposed rule change's consistency with the Act and the rules thereunder. In particular, the Commission finds that it is appropriate in the public interest, for the protection of investors, and otherwise in furtherance of the purposes of the Act, to temporarily suspend the proposed rule change to consider whether the proposed rule change satisfies the standards under the Act and the rules thereunder requiring, among other things, that the rules of the clearing agency promote the prompt and accurate clearance and settlement of securities transactions.
                    <SU>20</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>18</SU>
                         15 U.S.C. 78s(b)(3)(C)
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>19</SU>
                         15 U.S.C. 78s(b)(1)
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>20</SU>
                         15 U.S.C. 78q-1(b)(3)(F).
                    </P>
                </FTNT>
                <HD SOURCE="HD1">V. Proceedings To Determine Whether To Approve or Disapprove File No. SR-DTC-2026-007</HD>
                <P>
                    The Commission is instituting proceedings pursuant to Sections 19(b)(3)(C) 
                    <SU>21</SU>
                    <FTREF/>
                     and 19 (b)(2)(B) of the Act 
                    <SU>22</SU>
                    <FTREF/>
                     to determine whether the proposed rule change should be approved or disapproved.
                </P>
                <FTNT>
                    <P>
                        <SU>21</SU>
                         15 U.S.C. 78s(b)(3)(C). Once the Commission temporarily suspends a proposed rule change, Section 19(b)(3)(C) of the Act requires that the Commission institute proceedings under Section 19(b)(2)(B) to determine whether a proposed rule change should be approved or disapproved.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>22</SU>
                         15 U.S.C. 78s(b)(2)(B).
                    </P>
                </FTNT>
                <P>Institution of proceedings does not indicate that the Commission has reached any conclusions with respect to any of the issues involved. Rather, the Commission seeks and encourages interested persons to provide additional comment on the proposed rule change to inform the Commission's analysis of whether to disapprove the proposed rule change.</P>
                <P>
                    Pursuant to Section 19(b)(2)(B) of the Act,
                    <SU>23</SU>
                    <FTREF/>
                     the Commission is providing notice of the grounds for disapproval under consideration. As noted above, the STA calls into question the consistency of the Proposed Rule Change with the Act. The Commission believes it appropriate to institute proceedings to assess this question and to allow for additional consideration and comment on this and other issues raised by the commenter.
                </P>
                <FTNT>
                    <P>
                        <SU>23</SU>
                         15 U.S.C. 78s(b)(2)(B).
                    </P>
                </FTNT>
                <HD SOURCE="HD1">VI. Request for Written Comments</HD>
                <P>
                    The Commission requests that interested persons provide written submission of their views, data, and arguments with respect to the proposed rule change. In particular, the Commission invites the written views of interested persons concerning whether the proposed rule change is consistent with Section 17A(b)(3)(F) 
                    <SU>24</SU>
                    <FTREF/>
                     or any other provisions of the Act, rules, and regulations thereunder. Interested persons are invited to submit written data, views and arguments concerning the foregoing, including whether the proposed rule change should be approved or disapproved. Comments may be submitted by any of the following methods:
                </P>
                <FTNT>
                    <P>
                        <SU>24</SU>
                         15 U.S.C. 78q-1(b)(3)(F).
                    </P>
                </FTNT>
                <HD SOURCE="HD2">Electronic Comments</HD>
                <P>
                    • Use the Commission's internet comment form (
                    <E T="03">https://www.sec.gov/rules/sro.shtml</E>
                    ); or
                </P>
                <P>
                    • Send an email to 
                    <E T="03">rule-comments@sec.gov.</E>
                     Please include file number  SR-DTC-2026-007 on the subject line.
                </P>
                <HD SOURCE="HD2">Paper Comments</HD>
                <P>• Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549.</P>
                <FP>
                    All submissions should refer to file number SR-DTC-2026-007. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's internet website (
                    <E T="03">https://www.sec.gov/rules/sro.shtml</E>
                    ). Copies of the filing also will be available for inspection and copying at the principal office of DTC and on DTCC's website (
                    <E T="03">https://www.dtcc.com/legal/sec-rule-filings.aspx</E>
                    ). Do not include personal identifiable information in submissions; you should submit only information that you wish to make available publicly. We may redact in part or withhold entirely from publication 
                    <PRTPAGE P="43121"/>
                    submitted material that is obscene or subject to copyright protection. All submissions should refer to file number SR-DTC-2026-007 and should be submitted on or before AUGUST 4, 2026. Any person who wishes to file a rebuttal to any other person's submission must file that rebuttal by August 18, 2026.
                </FP>
                <SIG>
                    <P>
                        For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.
                        <SU>25</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>25</SU>
                             17 CFR 200.30-3(a)(12).
                        </P>
                    </FTNT>
                    <NAME>Sherry R. Haywood,</NAME>
                    <TITLE>Assistant Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2026-14107 Filed 7-13-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 8011-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">SECURITIES AND EXCHANGE COMMISSION</AGENCY>
                <DEPDOC>[Investment Company Act Release No. 36246; File No. 812-16033]</DEPDOC>
                <SUBJECT>Elevation Series Trust and CresAlta Investment Management, Inc.</SUBJECT>
                <DATE>July 9, 2026.</DATE>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Securities and Exchange Commission (“Commission” or “SEC”).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <P>Notice of an application under section 6(c) of the Investment Company Act of 1940 (“Act”) for an exemption from section 15(a) of the Act, as well as from certain disclosure requirements in rule 20a-1 under the Act, Item 19(a)(3) of Form N-1A, Items 22(c)(1)(ii), 22(c)(1)(iii), 22(c)(8) and 22(c)(9) of Schedule 14A under the Securities Exchange Act of 1934, and sections 6-07(2)(a), (b), and (c) of Regulation S-X (“Disclosure Requirements”).</P>
                <PREAMHD>
                    <HD SOURCE="HED">SUMMARY OF APPLICATION:</HD>
                    <P> The requested exemption would permit Applicants to enter into and materially amend subadvisory agreements with subadvisers without shareholder approval and would grant relief from the Disclosure Requirements as they relate to fees paid to the subadvisers.</P>
                </PREAMHD>
                <PREAMHD>
                    <HD SOURCE="HED">APPLICANTS:</HD>
                    <P> Elevation Series Trust and CresAlta Investment Management, Inc.</P>
                </PREAMHD>
                <PREAMHD>
                    <HD SOURCE="HED">FILING DATE:</HD>
                    <P> The application was filed on May 26, 2026.</P>
                </PREAMHD>
                <PREAMHD>
                    <HD SOURCE="HED">HEARING OR NOTIFICATION OF HEARING:</HD>
                    <P>
                         An order granting the requested relief will be issued unless the Commission orders a hearing. Interested persons may request a hearing on any application by emailing the SEC's Secretary at 
                        <E T="03">Secretarys-Office@sec.gov</E>
                         and serving the Applicants with a copy of the request by email, if an email address is listed for the relevant Applicant below, or personally or by mail, if a physical address is listed for the relevant Applicant below. The email should include the file number referenced above. Hearing requests should be received by the Commission by 5:30 p.m., Eastern time, on August 03, 2026, and should be accompanied by proof of service on the Applicants, in the form of an affidavit, or, for lawyers, a certificate of service. Pursuant to rule 0-5 under the Act, hearing requests should state the nature of the writer's interest, any facts bearing upon the desirability of a hearing on the matter, the reason for the request, and the issues contested. Persons who wish to be notified of a hearing may request notification by emailing the Commission's Secretary.
                    </P>
                </PREAMHD>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        The Commission: 
                        <E T="03">Secretarys-Office@sec.gov.</E>
                         Applicants: JoAnn M. Strasser, Thompson Hine LLP, 41 S High Street, Suite 1700, Columbus, Ohio 43215, 
                        <E T="03">JoAnn.Strasser@thompsonhine.com,</E>
                         with a copy to Nicholas Adams, Elevation Series Trust, c/o CresAlta Investment Management, Inc., 1700 Broadway, Suite 2100, Denver, CO 80290.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Rachel Loko, Senior Special Counsel, at (202) 551-6825 (Division of Investment Management, Chief Counsel's Office) or Trace W. Rakestraw, Senior Special Counsel, at (202) 551-7587 (Division of Investment Management, Chief Counsel's Office).</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    For Applicants' representations, legal analysis, and conditions, please refer to Applicants' application, dated May 26, 2026, which may be obtained via the Commission's website by searching for the file number at the top of this document, or for an Applicant using the Company name search field on the SEC's EDGAR system. The SEC's EDGAR system may be searched at 
                    <E T="03">https://www.sec.gov/search-filings</E>
                    . You may also call the SEC's Office of Investor Education and Assistance at (202) 551-8090.
                </P>
                <SIG>
                    <P>For the Commission, by the Division of Investment Management, under delegated authority.</P>
                    <NAME>Sherry R. Haywood,</NAME>
                    <TITLE>Assistant Secretary. </TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-14089 Filed 7-13-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 8011-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">SECURITIES AND EXCHANGE COMMISSION</AGENCY>
                <DEPDOC>[Release No. 34-105872; File No. SR-CBOE-2026-062]</DEPDOC>
                <SUBJECT>Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Remove the Silexx Logical Port Fee Waiver in the Fee Schedule in Accordance With SEC Exemptive Relief Issued</SUBJECT>
                <DATE>July 9, 2026.</DATE>
                <P>
                    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (the “Act”),
                    <SU>1</SU>
                    <FTREF/>
                     and Rule 19b-4 thereunder,
                    <SU>2</SU>
                    <FTREF/>
                     notice is hereby given that on July 1, 2026, Cboe Exchange, Inc. (the “Exchange” or “Cboe Options”) filed with the Securities and Exchange Commission (the “Commission”) the proposed rule change as described in Items I, II, and III below, which Items have been prepared by the Exchange. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons.
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         15 U.S.C. 78s(b)(1).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         17 CFR 240.19b-4.
                    </P>
                </FTNT>
                <HD SOURCE="HD1">I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change</HD>
                <P>Cboe Exchange, Inc. (“Cboe” or the “Exchange”) is filing with the Securities and Exchange Commission (“Commission” or “SEC”) a proposed rule change to remove the Silexx logical port fee waiver in the Fee Schedule in accordance with SEC exemptive relief issued. The Exchange proposes that the change become operative on July 1, 2026. The text of the proposed rule change is provided in Exhibit 5.</P>
                <P>
                    The text of the proposed rule change is also available on the Commission's website (
                    <E T="03">https://www.sec.gov/rules/sro.shtml</E>
                    ), the Exchange's website (
                    <E T="03">https://www.cboe.com/us/options/regulation/rule_filings/cone/</E>
                    ), and at the principal office of the Exchange.
                </P>
                <HD SOURCE="HD1">II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change</HD>
                <P>
                    In its filing with the Commission, the Exchange included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in sections A, B, and C below, of 
                    <PRTPAGE P="43122"/>
                    the most significant aspects of such statements.
                </P>
                <HD SOURCE="HD2">A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change</HD>
                <HD SOURCE="HD3">1. Purpose</HD>
                <P>
                    The Exchange proposes to remove the Silexx logical port fee waiver in its Fee Schedule pursuant to exemptive relief granted from the Commission.
                    <SU>3</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 105351 (May 1, 2026), 91 FR 24631 (May 6, 2026) (Order Granting Conditional Exemptive Relief Pursuant to Section 36(a)(1) of the Securities Exchange Act of 1934 from Rule Filing Requirements under Section 19(b) of the Exchange Act and Requirements under Section 6(b) of the Exchange Act for Order and Execution Management Systems).
                    </P>
                </FTNT>
                <P>
                    By way of background, the Exchange's affiliate, Cboe Silexx, LLC, offers Silexx (an order entry management system or “OEMS”). Silexx is deemed a “facility” of the Exchange as that term is defined in Section 3(a)(2) of the Exchange Act.
                    <SU>4</SU>
                    <FTREF/>
                     Silexx allows authorized Users with direct access to the Exchange to establish connectivity and submit orders directly to the Exchange. Silexx Users may also send orders to other exchanges and are not required to send orders to the Exchange in order to use Silexx. Furthermore, TPHs are not required to use Silexx in order to access the Exchange; TPHs may also use an OEMS supported by a third-party to enter and route orders for execution to the Exchange and manage such executions.
                </P>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 101491 (Oct. 31, 2024), 89 FR 88080 (Nov. 6, 2024). Section 3(a)(2) of the Exchange Act states: The term “facility” when used with respect to an exchange includes its premises, tangible or intangible property whether on the property or not, any right to use of such premises or property or any service thereof for the purpose of effecting or reporting a transaction on an exchange (including, among other things, any system of communication to or from the exchange, by ticker or otherwise, maintained by or with the consent of the exchange), and any right of the exchange to the use of any property or service. 15 U.S.C. 78c(a)(2).
                    </P>
                </FTNT>
                <P>
                    As a facility of the Exchange, Silexx must satisfy the regulatory requirements applicable to a national securities exchange, including certain rule filing requirements under Section 19(b) and the requirements under Section 6(b) of the Exchange Act.
                    <SU>5</SU>
                    <FTREF/>
                     In compliance with these requirements, the Exchange has filed numerous proposed rule changes on behalf of Silexx.
                    <SU>6</SU>
                    <FTREF/>
                     On May 1, 2026, the Securities and Exchange Commission (the “Commission” or the “SEC”) granted conditional exemptive relief pursuant to its authority under Section 36(a)(1) of the Exchange Act 
                    <SU>7</SU>
                    <FTREF/>
                     to the Exchange for Exchange-Affiliated OEMSs (including Silexx) from the rule filing requirements under Section 19(b) of the Exchange Act and the requirements under Section 6(b) of the Exchange Act (the “Exemptive Relief”).
                    <SU>8</SU>
                    <FTREF/>
                     Meaning, that so long as the Exchange meets the conditions set out in the Exemptive Relief with respect to an Exchange-Affiliated OEMS, including Silexx, the Exchange (i) need not abide by the rule filing requirements under the Exemptive Relief pursuant to Section 19(b) and (ii) is not required to operate in accordance with Section 6(b) of the Exchange Act with respect to that Exchange-Affiliated OEMS, such as the requirement that fees are not unfairly discriminatory (under 6(b)(4)) or that fees do not impose an undue burden on competition (under 6(b)(8)).
                </P>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         15 U.S.C. 78s(b) and 78f(b).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>6</SU>
                         
                        <E T="03">See, e.g.,</E>
                         Securities Exchange Act Release Nos. 83266 (May 14, 2018), 83 FR 23310 (May 18, 2018) (SR-CBOE-2018-035); 87028 (Sept. 19, 2019), 84 FR 50529 (Sept. 25, 2019) (SR-CBOE-2025-061); 89285 (July 10, 2020), 85 FR 43284 (July 16, 2020) (SR-CBOE-2020-062); 90929 (Jan. 14, 2021), 86 FR 6705 (Jan. 22, 2021) (SR-CBOE-2021-002); 99111 (Dec. 7, 2023), 88 FR 86411 (Dec. 13, 2023) (SR-CBOE-2023-064).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>7</SU>
                         15 U.S.C. 78mm(a)(1).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>8</SU>
                         15 U.S.C. 78s(b) and 78f(b).
                    </P>
                </FTNT>
                <P>In particular, the Exemptive Relief specifies that the following conditions must be met with respect to an Exchange-Affiliated OEMS, including Silexx, in order for the Exchange to benefit from this relief:</P>
                <P>
                    (i) The use of the Exchange-Affiliated OEMS is voluntary (
                    <E T="03">i.e.,</E>
                     solely within the discretion of an Exchange member or other user of the OEMS) and not required for an Exchange member to access the Exchange.
                </P>
                <P>(ii) There will be no differences between how third-party and Exchange-Affiliated OEMSs may connect to the Exchange.</P>
                <P>(iii) The Exchange-Affiliated OEMS (or the entity that owns the Exchange-Affiliated OEMS) is not a registered broker-dealer.</P>
                <P>
                    (iv) For any order ultimately routed to the Exchange via an Exchange-Affiliated OEMS, the users of such OEMS and their brokers are solely responsible for routing decisions (
                    <E T="03">i.e.,</E>
                     the Exchange is not involved in such routing decisions). All orders received by the Exchange from a third-party or Exchange-Affiliated OEMS shall be processed by the Exchange in the same manner and pursuant to the Exchange's rules.
                </P>
                <P>(v) Any fees charged by the Exchange-Affiliated OEMS to a user thereof must not take into consideration any of that user's Exchange activity or Exchange fees set forth on the Exchange's fee schedule.</P>
                <P>
                    (vi) Users of third-party OEMSs and Exchange-Affiliated OEMSs will have use of the Exchange facilities and services (
                    <E T="03">e.g.,</E>
                     Exchange market data) in the same manner pursuant to the same terms, conditions, and fees as set forth in the Exchange's Rules, technical specifications, and Fees Schedule.
                </P>
                <P>(vii) The Exchange has established and maintains procedures and internal controls reasonably designed to prevent the Exchange-Affiliated OEMS from receiving any advantage or benefit as a result of its affiliation/relationship with the Exchange, including the provision of Exchange information to the entity or personnel operating the Exchange-Affiliated OEMS regarding updates to the Exchange trading system (such as technical specifications) until such information is available generally to similarly situated market participants.</P>
                <P>The Exchange proposes to remove the BOE logical port fee waiver in its Fee Schedule that allows a port fee waiver for Silexx. One of the conditions of the Exemptive Relief requires that users of third-party OEMSs and Exchange-Affiliated OEMSs will have use of the Exchange facilities and services in the same manner pursuant to the same terms, conditions, and fees. The logical port fee waiver effectively provides a rebate to users of an Exchange-Affiliated OEMS (Silexx) that is not available to users of third-party OEMSs. Accordingly, the Exchange proposes to remove this waiver in order to come into compliance with the Exemptive Relief. With this change, which is immediately effective upon filing, the Exchange and Silexx will satisfy the conditions of the Exemptive Relief with respect to logical port fees, and will no longer provide a waiver or rebate in connection with Silexx that is not available to users of third-party OEMSs. The proposed change is operative July 1, 2026.</P>
                <HD SOURCE="HD3">2. Statutory Basis</HD>
                <P>
                    The Exchange believes the proposed rule change is consistent with the Act and the rules and regulations thereunder applicable to the Exchange. Specifically, the Exchange believes the proposed rule change is consistent with the Exemptive Relief granted by the Commission with respect to Exchange-Affiliated OEMSs, including Silexx. The purpose of this filing is to come into compliance with the Exemptive Relief. The Exemptive Relief requires, among other conditions, that users of third-party OEMSs and Exchange-Affiliated OEMSs will have use of Exchange facilities and services in the same manner pursuant to the same terms, conditions, and fees. With respect to Exchange-Affiliated OEMSs, including Silexx, the Exchange is not required to comply with Section 6(b) obligations, 
                    <PRTPAGE P="43123"/>
                    such as the Section 6(b)(5) 
                    <SU>9</SU>
                    <FTREF/>
                     requirement that the rules of an exchange not be designed to permit unfair discrimination between customers, issuers, brokers, or dealers, as well as Section 6(b)(4) 
                    <SU>10</SU>
                    <FTREF/>
                     as it is designed to provide for the equitable allocation of reasonable dues, fees, and other charges among its Members and other persons using its facilities. However, the Exchange must meet the conditions set out in the Exemptive Relief. By removing the logical port fee waiver for Silexx, the Exchange is coming into compliance with the condition that it will not provide rebates to users of an Exchange-Affiliated OEMS that are not available to users of third-party OEMSs. Upon effectiveness of this filing, the Exchange and Silexx will meet the conditions of the Exemptive Relief with respect to logical port fees.
                </P>
                <FTNT>
                    <P>
                        <SU>9</SU>
                         15 U.S.C. 78f(b)(5).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>10</SU>
                         15 U.S.C. 78f(b)(4).
                    </P>
                </FTNT>
                <HD SOURCE="HD2">B. Self-Regulatory Organization's Statement on Burden on Competition</HD>
                <P>The Exchange does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. The Exchange does not believe the proposed rule change will impose any burden on intramarket and intermarket competition that is not necessary or appropriate in furtherance of the purposes of the Act. The purpose of this filing is to implement the Exemptive Relief with respect to Exchange-Affiliated OEMSs, including Silexx. By removing the logical port fee waiver for Silexx, the Exchange ensures that users of Exchange-Affiliated OEMSs and third-party OEMSs are treated equally with respect to logical port fees, which promotes rather than burdens competition.</P>
                <HD SOURCE="HD2">C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others</HD>
                <P>The Exchange neither solicited nor received comments on the proposed rule change.</P>
                <HD SOURCE="HD1">III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action</HD>
                <P>
                    The foregoing rule change has become effective pursuant to Section 19(b)(3)(A) of the Act 
                    <SU>11</SU>
                    <FTREF/>
                     and paragraph (f) of Rule 19b-4 
                    <SU>12</SU>
                    <FTREF/>
                     thereunder. At any time within 60 days of the filing of the proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. If the Commission takes such action, the Commission will institute proceedings to determine whether the proposed rule change should be approved or disapproved.
                </P>
                <FTNT>
                    <P>
                        <SU>11</SU>
                         15 U.S.C. 78s(b)(3)(A).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>12</SU>
                         17 CFR 240.19b-4(f).
                    </P>
                </FTNT>
                <HD SOURCE="HD1">IV. Solicitation of Comments</HD>
                <P>Interested persons are invited to submit written data, views and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods:</P>
                <HD SOURCE="HD2">Electronic Comments</HD>
                <P>
                    • Use the Commission's internet comment form (
                    <E T="03">https://www.sec.gov/rules/sro.shtml</E>
                    ); or
                </P>
                <P>
                    • Send an email to 
                    <E T="03">rule-comments@sec.gov.</E>
                     Please include file number SR-CBOE-2026-062 on the subject line.
                </P>
                <HD SOURCE="HD2">Paper Comments</HD>
                <P>• Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.</P>
                <FP>
                    All submissions should refer to file number SR-CBOE-2026-062. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's internet website (
                    <E T="03">https://www.sec.gov/rules/sro.shtml</E>
                    ). Copies of the filing will be available for inspection and copying at the principal office of the Exchange. Do not include personal identifiable information in submissions; you should submit only information that you wish to make available publicly. We may redact in part or withhold entirely from publication submitted material that is obscene or subject to copyright protection. All submissions should refer to file number SR-CBOE-2026-062 and should be submitted on or before August 4, 2026.
                </FP>
                <SIG>
                    <P>
                        For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.
                        <SU>13</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>13</SU>
                             17 CFR 200.30-3(a)(12).
                        </P>
                    </FTNT>
                    <NAME>Sherry R. Haywood,</NAME>
                    <TITLE>Assistant Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2026-14104 Filed 7-13-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 8011-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">SECURITIES AND EXCHANGE COMMISSION</AGENCY>
                <DEPDOC>[Release No. 34-105868; File No. SR-MEMX-2026-18]</DEPDOC>
                <SUBJECT>Self-Regulatory Organizations; MEMX LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend the Exchange's Fee Schedule</SUBJECT>
                <DATE>July 9, 2026.</DATE>
                <P>
                    Pursuant to Section 19(b)(1) 
                    <SU>1</SU>
                    <FTREF/>
                     of the Securities Exchange Act of 1934 (“Act”) 
                    <SU>2</SU>
                    <FTREF/>
                     and Rule 19b-4 thereunder,
                    <SU>3</SU>
                    <FTREF/>
                     notice is hereby given that on June 30, 2026, MEMX LLC (“MEMX” or the “Exchange”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I, II, and III below, which Items have been prepared by the Exchange. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons.
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         15 U.S.C. 78s(b)(1).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         15 U.S.C. 78a.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         17 CFR 240.19b-4.
                    </P>
                </FTNT>
                <HD SOURCE="HD1">I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change</HD>
                <P>
                    The Exchange is filing with the Commission a proposed rule change to amend the Exchange's fee schedule applicable to Members 
                    <SU>4</SU>
                    <FTREF/>
                     (the “Fee Schedule”) pursuant to Exchange Rules 15.1(a) and (c). As is further described below, the Exchange proposes to: (i) remove an expired criteria under Liquidity Provision Tier 2; (ii) increase the fee charged for executions of Retail Orders 
                    <SU>5</SU>
                    <FTREF/>
                     in securities priced below $1.00 per share that remove liquidity from the Exchange under the Retail Sub-Dollar Liquidity Removal Tier 1; and (iii) eliminate the Tape A Liquidity Removal Tier. The Exchange proposes to implement the changes to the Fee Schedule pursuant to this proposal on Junly 1, 2026. The text of the proposed rule change is provided in Exhibit 5.
                </P>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         
                        <E T="03">See</E>
                         Exchange Rule 1.5(p).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         A “Retail Order” means an agency or riskless principal order that meets the criteria of FINRA Rule 5320.03 that originates from a natural person and is submitted to the Exchange by a Retail Member Organization (“RMO”), provided that no change is made to the terms of the order with respect to price or side of market and the order does not originate from a trading algorithm or any other computerized methodology. 
                        <E T="03">See</E>
                         Exchange Rule 11.21(a).
                    </P>
                </FTNT>
                <PRTPAGE P="43124"/>
                <HD SOURCE="HD1">II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change</HD>
                <P>In its filing with the Commission, the Exchange included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in sections A, B, and C below, of the most significant aspects of such statements.</P>
                <HD SOURCE="HD2">A. Self-Regulatory Organization's Statement of the Purpose of, and the Statutory Basis for, the Proposed Rule Change</HD>
                <HD SOURCE="HD3">1. Purpose</HD>
                <P>The purpose of the proposed rule change is to amend the Fee Schedule to: (i) remove an expired criteria under Liquidity Provision Tier 2; (ii) increase the fee charged for executions of Retail Orders in securities priced below $1.00 per share that remove liquidity from the Exchange under the Retail Sub-Dollar Liquidity Removal Tier 1; and (iii) eliminate the Tape A Liquidity Removal Tier, each as further described below.</P>
                <P>
                    The Exchange first notes that it operates in a highly competitive market in which market participants can readily direct order flow to competing venues if they deem fee levels at a particular venue to be excessive or incentives to be insufficient. More specifically, the Exchange is only one of 18 registered equities exchanges, as well as a number of alternative trading systems and other off-exchange venues, to which market participants may direct their order flow. Based on publicly available information, no single registered equities exchange currently has more than approximately 15% of the total market share of executed volume of equities trading.
                    <SU>6</SU>
                    <FTREF/>
                     Thus, in such a low-concentrated and highly competitive market, no single equities exchange possesses significant pricing power in the execution of order flow, and the Exchange currently represents approximately 2.5% of the overall market share.
                    <SU>7</SU>
                    <FTREF/>
                     The Exchange in particular operates a “Maker-Taker” model whereby it provides rebates to Members that add liquidity to the Exchange and charges fees to Members that remove liquidity from the Exchange. The Fee Schedule sets forth the standard rebates and fees applied per share for orders that add and remove liquidity, respectively. Additionally, in response to the competitive environment, the Exchange also offers tiered pricing, which provides Members with opportunities to qualify for higher rebates or lower fees where certain volume criteria and thresholds are met. Tiered pricing provides an incremental incentive for Members to strive for higher tier levels, which provides increasingly higher benefits or discounts for satisfying increasingly more stringent criteria.
                </P>
                <FTNT>
                    <P>
                        <SU>6</SU>
                         Market share percentage calculated as of June 29, 2026. The Exchange receives and processes data made available through consolidated data feeds (
                        <E T="03">i.e.,</E>
                         CTS and UTDF).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>7</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <HD SOURCE="HD3">Remove Expired Criteria Under Liquidity Provision Tier 2</HD>
                <P>
                    The Exchange currently provides a base rebate of $0.0015 per share for executions of orders in securities priced at or above $1.00 per share that add displayed liquidity to the Exchange (such orders, “Added Displayed Volume”).
                    <SU>8</SU>
                    <FTREF/>
                     The Exchange also currently offers Liquidity Provision Tiers 1-5 under which a Member may receive an enhanced rebate for executions of Added Displayed Volume by achieving the corresponding required volume criteria for each such tier. With respect to Liquidity Provision Tier 2, the Exchange currently provides an enhanced rebate of $0.0031 per share for executions of Added Displayed Volume for Members that qualify for such tier by achieving: (1) an ADAV 
                    <SU>9</SU>
                    <FTREF/>
                     that is equal to or greater than 0.20% of the TCV 
                    <SU>10</SU>
                    <FTREF/>
                     and an ADV 
                    <SU>11</SU>
                    <FTREF/>
                     that is equal to or greater than 0.50% of the TCV; or (2) an ADAV that is equal to or greater than 0.20% of the TCV in securities priced at or above $1.00 per share and a Non-Displayed ADAV 
                    <SU>12</SU>
                    <FTREF/>
                     that is equal to or greater than 6,000,000 shares; or (3) an ADAV that is equal to or greater than 0.10% of the TCV and. a Step-Up Add TCV 
                    <SU>13</SU>
                    <FTREF/>
                     from December 2025 that is equal to or greater than 0.05%.
                    <SU>14</SU>
                    <FTREF/>
                     Additionally, the Fee Schedule indicates that criteria (3) of Liquidity Provision Tier 2 will expire no later than June 30, 2026. Now, given the expiration of criteria (3) of Liquidity Provision Tier 2, it is necessary to modify the Fee Schedule to delete this criteria (3) as well as the note under the Liquidity Provision Tiers pricing table that indicates its expiration, as both are no longer applicable and otherwise obsolete. The Exchange is not proposing to make any changes to this or any other Liquidity Provision Tier, and as such, Liquidity Provision Tier 2 will now consist solely of the previously existing criteria (1) and (2).
                </P>
                <FTNT>
                    <P>
                        <SU>8</SU>
                         The base rebate for executions of Added Displayed Volume is referred to by the Exchange on the Fee Schedule under the existing description “Added displayed volume” with a Fee Code of “B”, “D” or “J”, as applicable, on execution reports.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>9</SU>
                         As set forth on the Fee Schedule, “ADAV” means the average daily added volume calculated as the number of shares added per day, which is calculated on a monthly basis.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>10</SU>
                         As set forth on the Fee Schedule, “TCV” means total consolidated volume calculated as the volume reported by all exchanges and trade reporting facilities to a consolidated transaction reporting plan for the month for which the fees apply.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>11</SU>
                         As set forth on the Fee Schedule, “ADV” means average daily volume calculated as the number of shares added or removed, combined, per day, which is calculated on a monthly basis.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>12</SU>
                         As set forth on the Fee Schedule, “Non-Displayed ADAV” means ADAV with respect to non- displayed orders (including orders subject to Display-Price Sliding that receive price improvement when executed and Midpoint Peg Orders).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>13</SU>
                         As set forth on the Fee Schedule, “Step Up Add TCV” means ADAV as a percentage of TCV in the relevant baseline month subtracted from the prior month's ADAV as a percentage of TCV.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>14</SU>
                         The pricing for Liquidity Provision Tier 2 is referred to by the Exchange on the Fee Schedule under the existing description “Added displayed volume, Liquidity Provision Tier 2” with a Fee Code of “B2”, “D2” or “J2”, as applicable, to be provided by the Exchange on the monthly invoices provided to Members.
                    </P>
                </FTNT>
                <HD SOURCE="HD3">Retail Sub-Dollar Liquidity Removal Tier</HD>
                <P>
                    Currently, the Exchange charges a standard fee of 0.28% of the total dollar value of the transaction for executions of Retail Orders in securities priced below $1.00 per share that remove liquidity from the Exchange (such orders, “Removed Sub-Dollar Retail Volume”). The Exchange also currently offers the Retail Sub-Dollar Liquidity Removal Tier under which the Exchange charges a reduced fee of 0.125% of the total dollar value of the transaction for executions of Removed Sub-Dollar Retail Volume for Members that qualify for such tier by achieving an ADAV in securities priced below $1.00 per share that is equal to or greater than 20,000,000 shares.
                    <SU>15</SU>
                    <FTREF/>
                     Now, the Exchange proposes to increase the fee charged under the Retail Sub-Dollar Liquidity Removal Tier to 0.18% of the total dollar value of the transaction. The Exchange is not proposing to change the criteria required to qualify for Retail Sub-Dollar Liquidity Removal Tier.
                </P>
                <FTNT>
                    <P>
                        <SU>15</SU>
                         The pricing for the Sub-Dollar Retail Liquidity Removal Tier is referred to by the Exchange on the Fee Schedule under the existing description “Sub-Dollar Retail Liquidity Removal Tier 1” with a Fee Code of “Rr1B” on monthly invoices provided to Members.
                    </P>
                </FTNT>
                <P>
                    The purpose of increasing the fee charged for executions of Removed Retail Sub-Dollar Volume under the Retail Sub-Dollar Liquidity Removal Tier is for business and competitive reasons, as the Exchange believes that increasing such fee as proposed would 
                    <PRTPAGE P="43125"/>
                    generate additional revenue to offset some of the costs associated with the Exchange's pricing structure, which provides various rebates for liquidity-adding orders, and the Exchange's operations generally, in a manner that is still consistent with the Exchange's overall pricing philosophy of encouraging added liquidity. Additionally, the Exchange believes that the increased fee remains commensurate with the required criteria under such tier and is reasonably related to the market quality benefits that the tier is designed to achieve.
                </P>
                <HD SOURCE="HD3">Eliminate Tape A Liquidity Removal Tier</HD>
                <P>
                    Currently, the Exchange charges a standard fee of $0.0030 per share for executions of orders that remove liquidity from the Exchange in Tape A Securities priced at or above $1.00 per share (such orders, “Removed Tape A Volume”). Additionally, the Exchange offers the Tape A Liquidity Removal Tier 1, under which the Exchange charges a discounted fee of $0.0029 per share for executions of Removed Tape A Volume for a Member that qualifies for the Tier by achieving a Tape A ADAV of at least 10,000,000 shares.
                    <SU>16</SU>
                    <FTREF/>
                     The Exchange is now proposing to eliminate this Tape A Liquidity Removal Tier 1, as the Exchange no longer wishes to, nor is required to, maintain such tier. More specifically, the Exchange would rather redirect future resources and funding into other tiers intended to incentivize increased order flow.
                </P>
                <FTNT>
                    <P>
                        <SU>16</SU>
                         The pricing for Tape A Liquidity Removal Tier is referred to by the Exchange on the Fee Schedule under the description “Removed volume from MEMX Book, Tape A Liquidity Removal Tier 1” with a Fee Code of “Ra1” on execution reports.
                    </P>
                </FTNT>
                <HD SOURCE="HD3">2. Statutory Basis</HD>
                <P>
                    The Exchange believes that the proposed rule change is consistent with the provisions of Section 6 of the Act,
                    <SU>17</SU>
                    <FTREF/>
                     in general, and with Sections 6(b)(4) and 6(b)(5) of the Act,
                    <SU>18</SU>
                    <FTREF/>
                     in particular, in that it provides for the equitable allocation of reasonable dues, fees and other charges among its Members and other persons using its facilities and is not designed to permit unfair discrimination between customers, issuers, brokers, or dealers.
                </P>
                <FTNT>
                    <P>
                        <SU>17</SU>
                         15 U.S.C. 78f.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>18</SU>
                         15 U.S.C. 78f(b)(4) and (5).
                    </P>
                </FTNT>
                <P>
                    As discussed above, the Exchange operates in a highly fragmented and competitive market in which market participants can readily direct order flow to competing venues if they deem fee levels at a particular venue to be excessive or incentives to be insufficient, and the Exchange represents only a small percentage of the overall market. The Commission and the courts have repeatedly expressed their preference for competition over regulatory intervention in determining prices, products, and services in the securities markets. In Regulation NMS, the Commission highlighted the importance of market forces in determining prices and SRO revenues and also recognized that current regulation of the market system “has been remarkably successful in promoting market competition in its broader forms that are most important to investors and listed companies.” 
                    <SU>19</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>19</SU>
                         Securities Exchange Act Release No. 51808 (June 9, 2005), 70 FR 37496, 37499 (June 29, 2005).
                    </P>
                </FTNT>
                <P>The Exchange believes that the ever-shifting market share among the exchanges from month to month demonstrates that market participants can shift order flow or discontinue use of certain categories of products, in response to new or different pricing structures being introduced into the market. Accordingly, competitive forces constrain the Exchange's transaction fees and rebates, and market participants can readily trade on competing venues if they deem pricing levels at those other venues to be more favorable. The Exchange believes the proposal reflects a reasonable and competitive pricing structure designed to incentivize market participants to direct additional order flow, including displayed, liquidity-adding and/or liquidity-removing orders to the Exchange, which the Exchange believes would promote price discovery and enhance liquidity and market quality on the Exchange to the benefit of all Members and market participants.</P>
                <P>The Exchange believes that the proposed change to modify Liquidity Provision Tier 2 to remove the expired criteria (3) is reasonable because there was an expiration date associated with this criteria that has now passed. As such, this criteria is no longer available under this tier, and should not remain on the Fee Schedule. The Exchange believes that the enhanced rebate for executions of Added Displayed Volume provided under Liquidity Provision Tier 2, which the Exchange is not proposing to change with this proposal, remains commensurate with the required criteria under such tier, as modified, and is reasonably related to the market quality benefits that such tier is designed to achieve. The Exchange also believes the enhanced rebate for executions of Added Displayed Volume provided under Liquidity Provision Tier 2 remains equitable and not unfairly discriminatory, as such enhanced rebate will continue to apply equally to all qualifying Members.</P>
                <P>The Exchange believes that the proposed change to increase the fee charged for executions of Removed Sub-Dollar Retail Volume under the Retail Sub-Dollar Liquidity Removal Tier is reasonable because it represents a modest increase from the current fee and remains commensurate with the required criteria under such tier and is reasonably related to the market quality benefits that the tier is designed to achieve. The Exchange also believes the increased fee is equitable and not unfairly discriminatory, as such fee will apply equally to all Members of the Exchange.</P>
                <P>The Exchange believes the proposed change to eliminate the Tape A Liquidity Removal Tier is reasonable because it would enable to the Exchange to redirect the associated resources and funding into other incentives and tiers, and the Exchange is not required to maintain such incentive or provide Members any opportunities to receive enhanced rebates. The Exchange believes the proposal to eliminate such incentive is also equitable and not unfairly discriminatory because it applies equally to all Members, in that the incentive would no longer be available for any Member.</P>
                <P>
                    For the reasons discussed above, the Exchange submits that the proposal satisfies the requirements of Sections 6(b)(4) and 6(b)(5) of the Act 
                    <SU>20</SU>
                    <FTREF/>
                     in that it provides for the equitable allocation of reasonable dues, fees and other charges among its Members and other persons using its facilities and is not designed to unfairly discriminate between customers, issuers, brokers, or dealers. As described more fully below in the Exchange's statement regarding the burden on competition, the Exchange believes that its transaction pricing is subject to significant competitive forces, and that the proposed rebates described herein are appropriate to address such forces.
                </P>
                <FTNT>
                    <P>
                        <SU>20</SU>
                         15 U.S.C. 78f(b)(4) and (5).
                    </P>
                </FTNT>
                <HD SOURCE="HD2">B. Self-Regulatory Organization's Statement on Burden on Competition</HD>
                <P>
                    The Exchange does not believe that the proposal will result in any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. Instead, as discussed above, the proposal is intended to incentivize market participants to direct additional order flow to the Exchange, thereby enhancing liquidity and market quality on the Exchange to the benefit of all Members and market participants. As a result, the 
                    <PRTPAGE P="43126"/>
                    Exchange believes the proposal would enhance its competitiveness as a market that attracts actionable orders, thereby making it a more desirable destination venue for its customers. For these reasons, the Exchange believes that the proposal furthers the Commission's goal in adopting Regulation NMS of fostering competition among orders, which promotes “more efficient pricing of individual stocks for all types of orders, large and small.” 
                    <SU>21</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>21</SU>
                         
                        <E T="03">See supra</E>
                         note 18.
                    </P>
                </FTNT>
                <HD SOURCE="HD3">Intramarket Competition</HD>
                <P>As discussed above, the Exchange believes that the proposal would incentivize Members to submit additional order flow, including displayed, liquidity-adding and/or liquidity-removing orders to the Exchange, thereby enhancing liquidity and market quality on the Exchange to the benefit of all Members, as well as enhancing the attractiveness of the Exchange as a trading venue, which the Exchange believes, in turn, would continue to encourage market participants to direct additional order flow to the Exchange. Greater liquidity benefits all Members by providing more trading opportunities and encourages Members to send additional orders to the Exchange, thereby contributing to robust levels of liquidity, which benefits all market participants.</P>
                <P>The Exchange does not believe that the proposed change to increase the fee charged under the Retail Sub-Dollar Liquidity Removal Tier would impose any burden on intramarket competition because such change will apply to all Members uniformly in that the proposed increased fee for such executions would be the fee applicable to all Members, and the opportunity to qualify for that discounted fee, as applicable, is available to all Members. Additionally, as noted above, the elimination of the Tape A Liquidity Removal Tier will apply to all Members equally, and the removal of the expired criteria under Liquidity Provision Tier 2 is not for any competitive purposes, but to eliminate obsolete language from the Fee Schedule. For the foregoing reasons, the Exchange believes the proposed changes would not impose any burden on intramarket competition that is not necessary or appropriate in furtherance of the purposes of the Act.</P>
                <HD SOURCE="HD3">Intermarket Competition</HD>
                <P>As noted above, the Exchange operates in a highly competitive market in which market participants can readily direct order flow to competing venues if they deem fee levels at a particular venue to be excessive or incentives to be insufficient. Members have numerous alternative venues that they may participate on and direct their order flow to, including 17 other equities exchanges and numerous alternative trading systems and other off-exchange venues. As noted above, no single registered equities exchange currently has more than approximately 15% of the total market share of executed volume of equities trading. Thus, in such a low-concentrated and highly competitive market, no single equities exchange possesses significant pricing power in the execution of order flow. Moreover, the Exchange believes that the ever-shifting market share among the exchanges from month to month demonstrates that market participants can shift order flow or reduce use of certain categories of products, in response to new or different pricing structures being introduced into the market. Accordingly, competitive forces constrain the Exchange's transaction fees and rebates, including with respect to Added Displayed Volume and Removed Sub-Dollar Retail volume and market participants can readily choose to send their orders to other exchange and off-exchange venues if they deem fee levels at those other venues to be more favorable. As described above, the proposed changes represent a competitive proposal through which the Exchange is seeking to generate additional revenue with respect to its transaction pricing and to encourage the submission of additional order flow to the Exchange through volume and quoting-based tiers, which have been widely adopted by exchanges, including the Exchange. Accordingly, the Exchange believes the proposal would not burden, but rather promote, intermarket competition by enabling it to better compete with other exchanges that offer similar pricing incentives to market participants.</P>
                <P>
                    Additionally, the Commission has repeatedly expressed its preference for competition over regulatory intervention in determining prices, products, and services in the securities markets. Specifically, in Regulation NMS, the Commission highlighted the importance of market forces in determining prices and SRO revenues and, also, recognized that current regulation of the market system “has been remarkably successful in promoting market competition in its broader forms that are most important to investors and listed companies.” 
                    <SU>22</SU>
                    <FTREF/>
                     The fact that this market is competitive has also long been recognized by the courts. In 
                    <E T="03">NetCoalition</E>
                     v. 
                    <E T="03">SEC,</E>
                     the D.C. Circuit stated as follows: “[n]o one disputes that competition for order flow is `fierce.' . . . As the SEC explained, `[i]n the U.S. national market system, buyers and sellers of securities, and the broker-dealers that act as their order-routing agents, have a wide range of choices of where to route orders for execution'; [and] `no exchange can afford to take its market share percentages for granted' because `no exchange possesses a monopoly, regulatory or otherwise, in the execution of order flow from broker dealers'. . . .”.
                    <SU>23</SU>
                    <FTREF/>
                     Accordingly, the Exchange does not believe its proposed pricing changes impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act.
                </P>
                <FTNT>
                    <P>
                        <SU>22</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>23</SU>
                         
                        <E T="03">NetCoalition</E>
                         v. 
                        <E T="03">SEC,</E>
                         615 F.3d 525, 539 (D.C. Cir. 2010) (quoting Securities Exchange Act Release No. 59039 (December 2, 2008), 73 FR 74770, 74782-83 (December 9, 2008) (SR-NYSE-2006-21)).
                    </P>
                </FTNT>
                <HD SOURCE="HD2">C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others</HD>
                <P>The Exchange neither solicited nor received comments on the proposed rule change.</P>
                <HD SOURCE="HD1">III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action</HD>
                <P>
                    The foregoing rule change has become effective pursuant to Section 19(b)(3)(A)(ii) of the Act 
                    <SU>24</SU>
                    <FTREF/>
                     and Rule 19b-4(f)(2) 
                    <SU>25</SU>
                    <FTREF/>
                     thereunder.
                </P>
                <FTNT>
                    <P>
                        <SU>24</SU>
                         15 U.S.C. 78s(b)(3)(A)(ii).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>25</SU>
                         17 CFR 240.19b-4(f)(2).
                    </P>
                </FTNT>
                <P>At any time within 60 days of the filing of the proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. If the Commission takes such action, the Commission shall institute proceedings to determine whether the proposed rule change should be approved or disapproved.</P>
                <HD SOURCE="HD1">IV. Solicitation of Comments</HD>
                <P>
                    Interested persons are invited to submit written data, views and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods:
                    <PRTPAGE P="43127"/>
                </P>
                <HD SOURCE="HD2">Electronic Comments</HD>
                <P>
                    • Use the Commission's internet comment form (
                    <E T="03">https://www.sec.gov/rules/sro.shtml</E>
                    ); or
                </P>
                <P>
                    • Send an email to 
                    <E T="03">rule-comments@sec.gov.</E>
                     Please include file number SR-MEMX-2026-18 on the subject line.
                </P>
                <HD SOURCE="HD2">Paper Comments</HD>
                <P>• Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.</P>
                <FP>
                    All submissions should refer to file number SR-MEMX-2026-18. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's internet website (
                    <E T="03">https://www.sec.gov/rules/sro.shtml</E>
                    ). Copies of the filing will be available for inspection and copying at the principal office of the Exchange. Do not include personal identifiable information in submissions; you should submit only information that you wish to make available publicly. We may redact in part or withhold entirely from publication submitted material that is obscene or subject to copyright protection. All submissions should refer to file number SR-MEMX-2026-18 and should be submitted on or before August 4, 2026.
                </FP>
                <SIG>
                    <P>
                        For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.
                        <SU>26</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>26</SU>
                             17 CFR 200.30-3(a)(12).
                        </P>
                    </FTNT>
                    <NAME>Sherry R. Haywood,</NAME>
                    <TITLE>Assistant Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2026-14100 Filed 7-13-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 8011-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">SECURITIES AND EXCHANGE COMMISSION</AGENCY>
                <DEPDOC>[Release No. 34-105873; File No. SR-FINRA-2026-007]</DEPDOC>
                <SUBJECT>Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing of Partial Amendment No. 1 and Order Instituting Proceedings To Determine Whether To Approve or Disapprove a Proposed Rule Change, as Modified by Partial Amendment No. 1, to Exempt Specified Collective Trust Funds From FINRA Rules 5130 (Restrictions on the Purchase and Sale of Initial Public Offerings) and 5131(b) (New Issue Allocations and Distributions)</SUBJECT>
                <DATE>July 9, 2026.</DATE>
                <HD SOURCE="HD1">I. Introduction</HD>
                <P>
                    On March 30, 2026, the Financial Industry Regulatory Authority, Inc. (“FINRA”), filed with the Securities and Exchange Commission (“SEC” or “Commission”), pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Exchange Act”) 
                    <SU>1</SU>
                    <FTREF/>
                     and Rule 19b-4 thereunder,
                    <SU>2</SU>
                    <FTREF/>
                     a proposed rule change to exempt specified collective trust funds (“CTFs”) from FINRA Rule 5130 (Restrictions on the Purchase and Sale of Initial Public Offerings) and from paragraph (b) (Spinning) of Rule 5131 (New Issue Allocations and Distributions).
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         15 U.S.C. 78s(b)(1).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         17 CFR 240.19b-4.
                    </P>
                </FTNT>
                <P>
                    The originally proposed rule change was published for comment in the 
                    <E T="04">Federal Register</E>
                     on April 10, 2026.
                    <SU>3</SU>
                    <FTREF/>
                     The public comment period closed on May 1, 2026. The Commission received comment letters in response to the Notice.
                    <SU>4</SU>
                    <FTREF/>
                     On May 14, 2026, pursuant to Section 19(b)(2) of the Act,
                    <SU>5</SU>
                    <FTREF/>
                     the Commission designated a longer period within which to approve the proposed rule change, disapproved the proposed rule change, or institute proceedings to determine whether to approve or disapprove the proposed rule change to July 9, 2026.
                    <SU>6</SU>
                    <FTREF/>
                     On July 8, 2026, FINRA responded to the comment letters received in response to the Notice and filed a partial amendment to modify the proposed rule change (“Partial Amendment No. 1”).
                    <SU>7</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         
                        <E T="03">See</E>
                         Exchange Act Release No. 105163 (Apr. 7, 2026), 91 FR 18493 (Apr. 10, 2026) (File No. SR-FINRA-2026-007) (“Notice”).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         The comment letters are available at 
                        <E T="03">https://www.sec.gov/rules-regulations/public-comments/sr-finra-2026-007.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         15 U.S.C. 78a(b)(2).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>6</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 105487 (May 14, 2026), 91 FR 29201 (May 19, 2026). The Commission designated July 9, 2026, as the date which the Commission shall approve or disapprove or institute proceedings to determine whether to approve or disapprove, the proposed rule change.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>7</SU>
                         
                        <E T="03">See</E>
                         Letter from Demetri Lambros, Associate General Counsel, Office of the General Counsel, FINRA (July 8, 2026), 
                        <E T="03">https://www.sec.gov/comments/SR-FINRA-2026-007/srfinra2026007-953499-2942307.pdf; see also</E>
                         Partial Amendment No. 1.
                    </P>
                </FTNT>
                <P>
                    The Commission is publishing this order pursuant to Section 19(b)(2)(B) of the Exchange Act 
                    <SU>8</SU>
                    <FTREF/>
                     to solicit comments on the proposed rule change, as modified by Partial Amendment No. 1 (hereinafter referred to as the “proposed rule change” unless otherwise specified), and to institute proceedings to determine whether to approve or disapprove the proposed rule change.
                </P>
                <FTNT>
                    <P>
                        <SU>8</SU>
                         15 U.S.C. 78s(b)(2)(B).
                    </P>
                </FTNT>
                <HD SOURCE="HD1">II. Summary of the Proposed Rule Change</HD>
                <P>
                    As described in more detail in the Notice, and in Partial Amendment No. 1, the proposed rule change would extend the general exemptions under Rule 5130(c)(1) and, by reference, Rule 5131(b)(2) to specified CTFs, thus treating them similarly to investment companies registered under the Investment Company Act of 1940 (“Investment Company Act”) and common trust funds, both of which are exempt under paragraphs (c)(1) and (c)(2) of Rule 5130, respectively, and under Rule 5131(b) by reference.
                    <SU>9</SU>
                    <FTREF/>
                     The proposed rule change would exempt CTFs provided that the fund was not formed or maintained for the specific purpose of permitting restricted persons to invest in new issues.
                </P>
                <FTNT>
                    <P>
                        <SU>9</SU>
                         
                        <E T="03">See</E>
                         Rule 5131(b)(2).
                    </P>
                </FTNT>
                <P>
                    According to FINRA, the proposed rule change is consistent with the provisions of Section 15A(b)(6) of the Exchange Act.
                    <SU>10</SU>
                    <FTREF/>
                     Specifically, the proposed rule change would apply only to CTFs as described in Section 3(a)(12)(A)(iv) of the Exchange Act. FINRA stated that the safeguards include the regulatory oversight inherent in these vehicles as well as the express requirement that the CTF was not formed or maintained for the specific purpose of permitting restricted persons to invest in new issues. FINRA stated that that the proposed rule change would maintain the integrity of the public offering process while facilitating vibrant capital markets by expanding access to initial public offerings (“IPOs”) through regulated pooled investment vehicles. FINRA stated that this will benefit investors in CTFs by expanding the underlying investment options in their employer-sponsored retirement plans and promote capital formation by giving more 
                    <PRTPAGE P="43128"/>
                    investors access to IPOs through regulated entities that are not formed or maintained to circumvent the purposes of the new issue rules.
                </P>
                <FTNT>
                    <P>
                        <SU>10</SU>
                         15 U.S.C. 78
                        <E T="03">o</E>
                        -3(b)(6).
                    </P>
                </FTNT>
                <P>
                    As originally proposed in the Notice, the proposed exemption also would have included the condition that the fund has investments from 1,000 or more plan participants and beneficiaries of one or more employee retirement benefits plans.
                    <SU>11</SU>
                    <FTREF/>
                     As discussed in FINRA's response to comments, and below, FINRA has determined that such a condition would be difficult for CTFs to determine and is unnecessary in light of the regulatory oversight of CTFs and the express requirement that the CTF not be formed or maintained for the specific purpose of permitting restricted persons to invest in new issues.
                </P>
                <FTNT>
                    <P>
                        <SU>11</SU>
                         
                        <E T="03">See</E>
                         Notice, 91 FR 18495.
                    </P>
                </FTNT>
                <P>
                    Both commenters on the Notice 
                    <SU>12</SU>
                    <FTREF/>
                     identified practical difficulties of implementing the initially proposed condition that would require a CTF relying on the exemption to have investments from 1,000 or more plan participants and beneficiaries of one or more employee retirement benefits plan. Coalition noted that “the number of participants and beneficiaries who have selected the CIT as an investment alternative changes every day.” ICI also stated that “[p]articipant counts can fluctuate for reasons unrelated to any abuse risk (
                    <E T="03">e.g.,</E>
                     workforce changes, plan mergers, or recordkeeping practices).” Both commenters explained that determining the number of plan participants and beneficiaries would be especially challenging where plan participants and beneficiaries invest in CTFs offered in their plans through omnibus arrangements.
                </P>
                <FTNT>
                    <P>
                        <SU>12</SU>
                         
                        <E T="03">See</E>
                         Letter from Clifford Kirsch, Partner, Everland Sutherland (US) LLP, on behalf of the Coalition of Collective Investment Trusts to Vanessa Countryman, Secretary, SEC, dated May 1, 2026 (“Coalition”); Letter from Tara R. Buckley, Deputy General Counsel, Investment Company Institute, to Vanessa Countryman, Secretary, SEC, dated May 1, 2026 (“ICI”). Coalition refers to CTFs as collective investment trusts, or CITs. In Partial Amendment No. 1, FINRA stated that it uses the term CTF in the proposed rule change because it aligns with terminology used in the Exchange Act.
                    </P>
                </FTNT>
                <P>Both commenters discussed how CTFs operate under comprehensive regulatory and fiduciary frameworks that protect investors. Coalition identified the following applicable regulatory regimes: “in the case of CITs with national bank trustees, the Office of the Comptroller of Currency (“OCC”) administers the OCC regulations; the Department of Labor administers the Employee Retirement Income Security Act of 1974 (“ERISA”), which governs virtually all CITs; and the state bank regulators oversee state-chartered CIT trustees.” ICI further noted that CTFs maintained by banks are subject to banking supervision and examination. And Coalition stated that “investment decisions regarding new offerings are made by professional investment fiduciaries who owe a duty of loyalty to their investors and are prohibited from using the assets they manage to influence a broker-dealer's allocation of new offerings.”</P>
                <P>
                    In Partial Amendment No. 1, FINRA stated that it generally agrees with the commenters that eliminating this condition would not impact the integrity of the public offering process because CTFs are subject to regulatory frameworks that impose fiduciary obligations on their trustees or managers. Further, the Exchange Act's “exempted security” definition includes “any interest or participation in a single trust fund, or a collective trust fund maintained by a bank, or any security arising out of a contract issued by an insurance company, which interest, participation, or security is issued in connection with a qualified plan,” as defined in Section 3(a)(12)(C). Thus, by definition, CTFs can only accept investments from retirement plans meeting certain criteria, which FINRA stated further mitigates potential risks.
                    <SU>13</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>13</SU>
                         
                        <E T="03">See</E>
                         15 U.S.C. 78c(a)(12)(A)(iv).
                    </P>
                </FTNT>
                <P>In response to these comments, as discussed above, in Partial Amendment No. 1, FINRA is proposing to eliminate the condition that “the fund has investments from 1,000 or more plan participants and beneficiaries of one or more employee retirement benefits plan.” Accordingly, the proposed rule change would apply to a CTF or similar fund as described in Section 3(a)(12)(A)(iv) of the Exchange Act, provided that the fund was not formed or maintained for the specific purpose of permitting restricted persons to invest in new issues.</P>
                <HD SOURCE="HD1">III. Proceedings To Determine Whether To Approve or Disapprove File No. SR-FINRA-2026-007 and Grounds for Disapproval Under Consideration</HD>
                <P>
                    The Commission is instituting proceedings pursuant to Section 19(b)(2)(B) of the Exchange Act to determine whether the proposed rule change should be approved or disapproved.
                    <SU>14</SU>
                    <FTREF/>
                     Institution of proceedings is appropriate at this time in view of the legal and policy issues raised by the proposed rule change. Institution of proceedings does not indicate that the Commission has reached any conclusions with respect to the proposed rule change.
                </P>
                <FTNT>
                    <P>
                        <SU>14</SU>
                         15 U.S.C. 78s(b)(2)(B).
                    </P>
                </FTNT>
                <P>
                    Pursuant to Section 19(b)(2)(B) of the Exchange Act, the Commission is providing notice of the grounds for disapproval under consideration.
                    <SU>15</SU>
                    <FTREF/>
                     The Commission is instituting proceedings to allow for additional analysis and input concerning whether the proposed rule change is consistent with Section 15A(b)(6) of the Exchange Act, which requires, among other things, that FINRA rules be designed to prevent fraudulent and manipulative acts and practices, promote just and equitable principles of trade, protect investors and the public interest.
                    <SU>16</SU>
                    <FTREF/>
                     The Commission asks that commenters address the sufficiency of FINRA's statements in support of the proposed rule change, which are set forth in the Notice and in Partial Amendment No. 1, in addition to any other comments they may wish to submit about the proposed rule change. In particular, the Commission is instituting proceedings to allow for additional analysis of, and input from commenters with respect to, the scope and implementation of the proposed rule change.
                </P>
                <FTNT>
                    <P>
                        <SU>15</SU>
                         15 U.S.C. 78s(b)(2)(B).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>16</SU>
                         15 U.S.C. 78o-3(b)(6).
                    </P>
                </FTNT>
                <HD SOURCE="HD1">IV. Procedure: Request for Written Comments</HD>
                <P>The Commission requests that interested persons provide written submissions of their views, data, and arguments with respect to the issues identified above, as well as any other concerns they may have with the proposed rule change. In particular, the Commission invites the written views of interested persons concerning whether the proposed rule change is consistent with the Exchange Act and the rules thereunder.</P>
                <P>
                    Although there do not appear to be any issuers relevant to approval or disapproval that would be facilitated by an oral presentation of views, data and arguments, the Commission will consider, pursuant to Rule 19b-4, and request for an opportunity to make an oral presentation.
                    <SU>17</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>17</SU>
                         Section 19(b)(2) of the Exchange Act, as amended by the Securities Acts Amendments of 1975, Public Law 94-29, 89 Stat. 97 (1975), grants the Commission flexibility to determine what type of proceeding—either oral or notice and opportunity for written comments—is appropriate for consideration of a particular proposal by a self-regulatory organization. 
                        <E T="03">See</E>
                         Securities Acts Amendments of 1975, Report of the Senate Committee on Banking, Housing and Urban Affairs to Accompany S. 249, S. Rep. No. 75, 94th Cong., 1st Sess. 30 (1975).
                    </P>
                </FTNT>
                <P>
                    Interested persons are invited to submit written data, views, and arguments regarding whether the 
                    <PRTPAGE P="43129"/>
                    proposed rule change, as modified by Partial Amendment No. 1, should be approved or disapproved by August 4, 2026. Any person who wishes to file a rebuttal to any other person's submission must file that rebuttal by August 18, 2026.
                </P>
                <P>Comments may be submitted by any of the following methods.</P>
                <HD SOURCE="HD2">Electronic Comments</HD>
                <P>
                    • Use the Commission's internet comment form (
                    <E T="03">https://www.sec.gov/rules/sro.shtml</E>
                    ); or
                </P>
                <P>
                    • Send an email to 
                    <E T="03">rule-comments@sec.gov.</E>
                     Please include file number SR-FINRA-2026-007 on the subject line.
                </P>
                <HD SOURCE="HD2">Paper Comments</HD>
                <P>• Send paper comments in triplicated to Secretary, Securities and Exchange Commission, 100 F. Street NE, Washington, DC 20549-1090.</P>
                <P>
                    All submissions should refer to file number SR-FINRA-2026-007. The file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's internet website (
                    <E T="03">https://sec.gov/rules/sro.shtml</E>
                    ). Copies of such filing will be available for inspection and copying at the principal office of FINRA. Do not include identifiable information in submissions; you should submit only information that you wish to make available publicly. We may redact in part or withhold entirely from publication submitted material that is obscene or subject to copyright protection. All submissions should refer to file number SR-FINRA-2026-007 and should be submitted on or before August 4, 2026. If comments are received, any rebuttal comments should be submitted on or before August 18, 2026.
                </P>
                <SIG>
                    <P>
                        For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.
                        <SU>18</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>18</SU>
                             17 CFR 200.30-3(a)(12); 17 CFR 200.30-3(a)(57).
                        </P>
                    </FTNT>
                    <NAME>Sherry R. Haywood,</NAME>
                    <TITLE>Assistant Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2026-14105 Filed 7-13-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 8011-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">SECURITIES AND EXCHANGE COMMISSION</AGENCY>
                <DEPDOC>[Release No. 34-105870; File No. SR-TXSE-2026-010]</DEPDOC>
                <SUBJECT>Self-Regulatory Organizations; Texas Stock Exchange LLC; Notice of Filing of a Proposed Rule Change To Amend Certain Rule Language Regarding its Handling of Orders and Other Miscellaneous Provisions</SUBJECT>
                <DATE>July 9, 2026.</DATE>
                <P>
                    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (the “Act”),
                    <SU>1</SU>
                    <FTREF/>
                     and Rule 19b-4 thereunder,
                    <SU>2</SU>
                    <FTREF/>
                     notice is hereby given that on July 6, 2026, Texas Stock Exchange LLC (the “Exchange” or “TXSE”) filed with the Securities and Exchange Commission (“Commission”) a proposed rule change as described in Items I and II, below, which Items have been prepared by the Exchange. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons.
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         15 U.S.C. 78s(b)(1).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         17 CFR 240.19b-4.
                    </P>
                </FTNT>
                <HD SOURCE="HD1">I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change</HD>
                <P>The Exchange filed a proposal to amend certain parts of its Opening and Closing Auctions [sic], as further described below.</P>
                <P>The text of the proposed rule change is provided in Exhibit 5.</P>
                <P>
                    The text of the proposed rule change is available on the Commission's website (
                    <E T="03">https://www.sec.gov/rules/sro.shtml</E>
                    ) at the Exchange's website (
                    <E T="03">https://txse.com/rule-filings</E>
                    ), and at the principal office of the Exchange.
                </P>
                <HD SOURCE="HD1">II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change</HD>
                <P>In its filing with the Commission, the Exchange included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in Sections A, B, and C below, of the most significant parts of such statements.</P>
                <HD SOURCE="HD2">B. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change</HD>
                <HD SOURCE="HD3">1. Purpose</HD>
                <P>The Exchange proposes a series of targeted changes to its rules that are primarily technical, clarifying, and conforming in nature. The Exchange believes these changes do not represent material modifications to the operation of the Exchange or its trading system but rather update the rulebook to more accurately reflect planned functionality, simplify certain provisions, and enhance internal consistency. In addition, the proposed changes align the Exchange's rules with the established practices of other national securities exchanges, adopting approaches that have already been implemented and approved elsewhere. As such, the proposal reflects incremental refinements based on existing market precedent rather than the introduction of novel trading functionality or regulatory concepts.</P>
                <HD SOURCE="HD3">Trading Rules</HD>
                <P>The Exchange proposes a series of amendments to Chapter 11 (Trading Rules) to conform the rule text to the operation of the Exchange's trading system, eliminate obsolete or inaccurate provisions, simplify certain order handling functionality, and align several order types with the rules and functionality of other national securities exchanges. None of the proposed changes materially alters the operation of the Exchange's trading system except as specifically described below. Rather, the proposed changes are designed to improve the clarity, transparency, and internal consistency of the Exchange's rules while reducing unnecessary complexity where appropriate.</P>
                <P>
                    First, the Exchange proposes to amend the description of a Market Order in Rule 11.007(a) 
                    <SU>3</SU>
                    <FTREF/>
                     to better align the rule text with the design and operation of this order type. Although the precise wording of Market Order definitions varies among national securities exchanges, a Market Order is generally understood to be an order to buy or sell a security immediately at the best available price. Consistent with this functionality, Market Orders are non-displayed, immediately executable or cancellable, and are not assigned a limit price. Accordingly, Market Orders cannot rest on the TXSE Book at a defined price level. In addition, the 
                    <PRTPAGE P="43130"/>
                    Exchange accepts Market Orders only during the Market Session; any Market Order submitted outside of that session is immediately rejected.
                </P>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         As provided in Rule 11.007(a) a Market Order is an order to buy or sell a stated amount of a security that is to be executed at the NBBO or better when the order reaches the Exchange.
                    </P>
                </FTNT>
                <P>
                    To better reflect these characteristics, the Exchange proposes to amend Rule 11.007(a)(1) to remove references to Time-in-Force instructions that are not applicable to Market Orders. Specifically, the Exchange proposes to delete references to the Day, System Hours (“SYS”), and Regular-Hours-Only (“RHO”) instructions and clarify that a Market Order may only be submitted with an Immediate-or-Cancel (“IOC”) Time-in-Force instruction. Because Market Orders are either executed immediately against available liquidity or cancelled, they cannot rest on the TXSE Book and, therefore, are not compatible with Time-in-Force instructions that permit an order to remain active beyond immediate execution. The Exchange also proposes to amend Rule 11.007(a)(3) to remove an obsolete reference to Pegged Orders in Rule 11.007(c) as there are no Pegged Market Orders on the Exchange. Instead, if a Member wanted to approximate Market Order functionality with a Pegged Order they could use a Market Peg Order.
                    <SU>4</SU>
                    <FTREF/>
                     The proposed changes clarifies the Exchange's rules and more accurately reflects the operation of Market Orders without effecting any substantive change to Exchange functionality. The Exchange also notes that this language is consistent with the rules and treatment of Market Orders at multiple other exchanges.
                    <SU>5</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         A Market Peg Order is an order with instructions to peg to the NBO, for a buy order, or the NBB, for a sell order.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         
                        <E T="03">See</E>
                         IEX Rule 11.190(a)(2); Cboe BZX Rule 11.9(a)(2); MEMX Rule 11.8(a), Nasdaq Rule 4702(b)(1) and CBOE EDGX Rule 11.6(a)(2).
                    </P>
                </FTNT>
                <P>
                    The Exchange proposes to eliminate part of Rule 11.007(a)(6), which provides that any portion of a Market Order that would execute at a price more than $0.50 or 5% worse than the National Best Bid or Offer (“NBBO”) at the time the order initially reaches the Exchange, whichever is greater, will be cancelled. The Exchange notes that eliminating part of Rule 11.007(a)(6) would bring the Exchange's functionality in line with the effective functionality of MIAX Pearl, LLC (“MIAX Pearl”).
                    <SU>6</SU>
                    <FTREF/>
                     Like MIAX Pearl, the Exchange does not apply this additional execution price check to Market Orders and believes that retaining this provision in its rules is unnecessary and may create confusion regarding the handling of Market Orders on the Exchange. The proposed change does not alter the manner in which Market Orders are processed on the Exchange but instead conforms the rule text to the Exchange's planned functionality. Accordingly, the proposed amendment will improve the clarity, accuracy, and transparency of its rules in a manner consistent with another national securities exchange and provide Members with a more complete understanding of the functionality of Market Orders on TXSE.
                </P>
                <FTNT>
                    <P>
                        <SU>6</SU>
                         This provision was first adopted by Cboe BZX in 2009 but has not been universally adopted across the industry. 
                        <E T="03">See</E>
                         MIAX Pearl Rule 2614(a)(2) and IEX Rule 11.190(a)(2), which both allow for the entry of market orders without price protection.
                    </P>
                </FTNT>
                <P>
                    The Exchange also proposes to amend Rule 11.009(e)(3) to clarify that a Replace Message may not be used to change a resting Limit Order into a Market Order. The current rule text suggests that such a modification is permitted, as the current lead-in language states “Other than changing a Limit Order to a Market Order.” Under the Exchange's rules, however, Market Orders are not eligible to rest on the TXSE Book 
                    <SU>7</SU>
                    <FTREF/>
                     and must either execute immediately or be cancelled. Accordingly, because a Replace Message applies only to orders resting on the TXSE Book, it cannot be used to convert a resting Limit Order into a Market Order. The proposed change conforms the rule text to the Exchange's planned order handling functionality and eliminates language that could otherwise create confusion regarding the permissible use of Replace Messages. The Exchange further notes that this treatment of Market Orders is consistent with the rules and operation of Market Orders on MIAX Pearl.
                    <SU>8</SU>
                    <FTREF/>
                     Accordingly, the proposed change improves the clarity, accuracy, and internal consistency of its rules without effecting any substantive change to Exchange functionality.
                </P>
                <FTNT>
                    <P>
                        <SU>7</SU>
                         
                        <E T="03">See</E>
                         Rule 11.007(a)(3).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>8</SU>
                         
                        <E T="03">See</E>
                         MIAX Pearl Rule 2614(e)(3). On MIAX Pearl only the price, sell long, sell short, or short exempt indicator, and size terms of the order may be changed by a Cancel/Replace Message.
                    </P>
                </FTNT>
                <P>
                    The Exchange also proposes to amend Rule 11.008(a)(4) such that a change in the Max Floor of an order with a Reserve Quantity will not retain time priority following a Replace Message. Under Rule 11.009(e)(3), certain order attributes may be modified through a Replace Message (
                    <E T="03">i.e.,</E>
                     other than changing a Limit Order to a Market Order, only the price, stop price, sell long or sell short indicator, Max Floor of a Reserve Order, and size of an order may be changed by a Replace Message), while other modifications require the existing order to be cancelled and a new order entered. In addition, pursuant to Rule 11.008(a)(4), an order that is cancelled and replaced in accordance with Rule 11.009(e)(3) retains its original time priority only for specified types of modifications. The rule currently provides that a change to the Max Floor of an order with a Reserve Quantity, an order modified from sell long to sell short, or an order whose size is reduced, among others, will each retain its original timestamp and priority on the TXSE Book. By contrast, other modifications, such as a change in price, receive a new timestamp and lose their existing priority. The Exchange proposes to amend Rule 11.008(a)(4) to remove the reference to a change in the Max Floor of an order with a Reserve Quantity from the list of modifications that retain time priority following a Replace Message. This change clarifies that, although a Member may modify the Max Floor of a Reserve Order through a Replace Message pursuant to Rule 11.009(e)(3), such a modification does not qualify for the limited exception permitting an order to retain its original timestamp and priority.
                </P>
                <P>
                    The Exchange notes that the treatment of this type of modification is consistent with the rules of The Nasdaq Stock Market LLC (“Nasdaq”).
                    <SU>9</SU>
                    <FTREF/>
                     The proposed amendment therefore harmonizes the Exchange's rules with established industry practice and eliminates language that could otherwise create confusion regarding which order modifications are eligible to retain time priority. The proposal improves the clarity, accuracy, and internal consistency of its rules without effecting any substantive change to the operation of the Exchange.
                </P>
                <FTNT>
                    <P>
                        <SU>9</SU>
                         
                        <E T="03">See</E>
                         Nasdaq Rule 4756(a)(3). Under the Nasdaq rules Participants may modify a previously entered Order without cancelling it or affecting the priority of the Order on the Nasdaq Book solely for the purpose of modifying the marking of a sell Order as long, short, or short exempt; or reducing the share size. All other modifications of orders will result in the replacement of the original order with a new order with a new time stamp.
                    </P>
                </FTNT>
                <HD SOURCE="HD3">Order Handling Rules</HD>
                <P>The Exchange also proposes to make several updates to its order handling rules to align the treatment of certain orders on the Exchange with the rules and functionality of other national securities exchanges.</P>
                <P>
                    First, the Exchange proposes to amend Rule 11.007(b)(8) to modify the treatment of certain non-displayed Limit Orders that would otherwise be cancelled. Under the current rule, if an incoming Limit Order with a Non-Displayed instruction would constitute a Crossing Quotation if displayed at its limit price, the order executes against available interest on the TXSE Book at 
                    <PRTPAGE P="43131"/>
                    prices up to and including the Locking Price,
                    <SU>10</SU>
                    <FTREF/>
                     and any remaining balance is cancelled by the System. Likewise, a resting Limit Order with a Non-Displayed instruction that would constitute a Crossing Quotation if displayed at the price at which it is ranked is cancelled by the System. Consistent with the rules of both Investors Exchange LLC (“IEX”) and Nasdaq,
                    <SU>11</SU>
                    <FTREF/>
                     the Exchange proposes instead to permit both incoming and resting non-displayed Limit Orders to remain on the TXSE Book as non-displayed interest at the Locking Price until they are executed, cancelled by the entering Member, or otherwise expire. Because these orders remain non-displayed, permitting them to rest on the TXSE Book does not result in the dissemination of a locking or crossing quotation and therefore remains consistent with Regulation NMS. This amendment will harmonize its rules with planned exchange practice while reducing unnecessary order cancellations and increasing opportunities for execution.
                </P>
                <FTNT>
                    <P>
                        <SU>10</SU>
                         
                        <E T="03">See</E>
                         Rule 11.006(d). The Locking Price is the price at which an order to buy (sell), that if displayed by the System on the TXSE Book, upon entry into the System would be a Locking Quotation.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>11</SU>
                         
                        <E T="03">See</E>
                         Nasdaq Rule 4702(b)(3)(A) which allows non-displayed orders to be posted at the Locking Price. 
                        <E T="03">See also</E>
                         IEX Rule 11.190(h)(2). Under IEX's Non-Displayed Price Sliding Rule a non-displayed limit order posting to the Order Book which has a limit price more aggressive than the NBBO is booked and ranked on the Order Book non-displayed at the contra-side protected quotation.
                    </P>
                </FTNT>
                <P>
                    Finally, the Exchange proposes to amend Rule 11.007(c)(7) governing Pegged Orders. Under the current rule, a Pegged Order received when a valid NBBO is unavailable is rejected or cancelled back to the entering Member. In addition, a Pegged Order resting on the TXSE Book is cancelled if the NBBO to which the order is pegged subsequently becomes unavailable. Consistent with the rules of BYX, the Exchange proposes instead to permit a Pegged Order to be entered and remain on the TXSE Book when a valid NBBO is unavailable. During such period, the order would remain resting on the TXSE Book but would not be eligible for execution until a valid NBBO again becomes available. This approach better aligns its rules with established exchange practice,
                    <SU>12</SU>
                    <FTREF/>
                     avoids unnecessary order cancellations resulting from temporary interruptions in the availability of the NBBO, and provides Members with additional execution opportunities without compromising the requirement that Pegged Orders execute only when they can be properly priced by reference to a valid NBBO.
                </P>
                <FTNT>
                    <P>
                        <SU>12</SU>
                         
                        <E T="03">See</E>
                         BYX Rule 11.9(c)(8).
                    </P>
                </FTNT>
                <HD SOURCE="HD3">Post Only</HD>
                <P>
                    The Exchange next proposes several amendments to the treatment of Post Only instructions under its rules to harmonize the Exchange's functionality with the rules of another national securities exchange, simplify the operation of the Post Only instruction, and eliminate unnecessary or inaccurate rule text. First, the Exchange proposes to amend Rule 11.006(l)(2) to clarify that a Post Only instruction is available only for displayed orders. This clarification is consistent with the rules of IEX 
                    <SU>13</SU>
                    <FTREF/>
                     and reflects the operation of the Exchange's System. Because the purpose of a Post Only instruction is to post displayed liquidity to the TXSE Book rather than immediately execute against resting interest, expressly providing that the instruction applies only to displayed orders improves the clarity and accuracy of the Exchange's rules.
                </P>
                <FTNT>
                    <P>
                        <SU>13</SU>
                         
                        <E T="03">See</E>
                         IEX Rule 11.190(a)(20). IEX defines a Post-Only instruction as a “displayed, non-routable order that will not remove liquidity from the IEX Order Book.”
                    </P>
                </FTNT>
                <P>Second, the Exchange proposes to remove the reference to a Post Only instruction in Rule 11.007(c)(5). As discussed above, Pegged Orders are non-displayed orders, while a Post Only instruction is available only for displayed orders. Accordingly, a Pegged Order cannot be entered with a Post Only instruction, and the existing cross-reference is inaccurate. Removing this reference conforms the rule text to the Exchange's planned functionality and improves the internal consistency of the Exchange's rules without effecting any substantive change to Exchange operations.</P>
                <P>
                    Finally, the Exchange proposes to make several changes to its Rulebook in order to make clear that orders with a Post-Only instruction will not remove liquidity. First, the Exchange proposes to amend the definition of a Post Only instruction in Rule 11.006(l)(2) such that a Post Only order will never remove liquidity from the TXSE Book. Under the current rule, the System may permit a Post Only order to execute as the remover of liquidity if the fee of removing liquidity equals or exceeds the fee that would result if the order instead posted to the TXSE Book and subsequently provided liquidity. The Exchange proposes to eliminate this exception so that a Post Only order will either post to the TXSE Book or be cancelled, as applicable, but will not remove liquidity. The proposal better aligns the operation of the Post Only instruction with its intended purpose and as Members would expect it to operate. A Post Only instruction is designed for Members seeking to add liquidity to the TXSE Book rather than remove liquidity. By eliminating the fee comparison analysis, the Exchange will ensure that an order entered with a Post Only instruction will either post to the TXSE Book or be cancelled, as applicable, but will not execute as the remover of liquidity. The Exchange notes that national securities exchanges have adopted different approaches with respect to the limited circumstances in which a Post Only order may remove liquidity, including fee comparison analyses and price improvement analyses.
                    <SU>14</SU>
                    <FTREF/>
                     Rather than retaining an exception that requires the System to evaluate whether a Post Only order should remove liquidity, it is appropriate to adopt a more straightforward and deterministic approach that consistently treats a Post Only instruction as an instruction to provide, and not remove, liquidity. Accordingly, the proposal provides Members with greater certainty regarding the handling of Post Only orders, simplifies the Exchange's order handling logic, reduces unnecessary complexity in the Exchange's rules, and, combined with the changes below, avoids potential confusion regarding the circumstances under which a Post Only order could execute as the remover of 
                    <PRTPAGE P="43132"/>
                    liquidity notwithstanding the Member's selection of a Post Only instruction.
                </P>
                <FTNT>
                    <P>
                        <SU>14</SU>
                         EDGA Rule 11.6(n)(4), MEMX Rule 11.6(l)(2) and MIAX Pearl Rule 2614(c)(2)(i) all have the fee comparison exception for Post Only instructions. However, NYSE Arca Rule 7.31-E(e)(2) has historically had the Add Liquidity Only Order (the equivalent of a Post Only instruction) which only allows an ALO Order to remove liquidity if the Order receives price improvement. IEX recently deleted its fee comparison provision to move toward a more predictable approach that would not vary based on the Exchange's fee schedule. 
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 102961 (May 1, 2025), 90 FR 19359 (May 7, 2025) (SR-IEX-2025-05) (Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Modify the Circumstances Under Which Post Only Orders May Remove Liquidity on Entry). The proposed change is generally consistent with the policy arguments and reasoning underlying the IEX proposal. The Exchange also notes that the proposal is consistent with the policy argument behind Nasdaq eliminating Trade Now functionality for post only orders, specifically that the functionality is “inconsistent with the designs” of post only orders and that post only orders “are liquidity-adding Order Types, whereas Orders with Trade Now are designed to be liquidity taking Orders. Because of this incompatibility, the Exchange [Nasdaq] finds that market participants rarely, as a practical matter, select Trade Now for their Midpoint Peg Post-Only Orders or their Post Only Orders. Insofar as Trade Now serves no apparent utility as an Attribute of these Order Types, the Exchange [Nasdaq] proposes to eliminate its applicability thereto.” 
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 99792 (March 20, 2024), 89 FR 21065 (March 26,2024) (SR-NASDAQ-2024-014).
                    </P>
                </FTNT>
                <P>
                    The Exchange also proposes to amend Rule 11.009(a)(4) by deleting paragraph (D) in its entirety and removing the corresponding reference in the second sentence of Rule 11.009(a)(4)(C) in order to further make clear that orders with a Post-Only instruction from removing liquidity from the Exchange. Rule 11.009(a)(4)(D) currently provides that, for bids or offers equal to or greater than $1.00 per share, where an incoming Market or Limit Order is priced more aggressively than a displayed order resting on the TXSE Book, the incoming order will execute at a price one-half of the minimum price variation better than the price of the displayed order. While not explicit in the rule text, the scenario outlined above can only occur when an order with a Post-Only instruction locks a non-displayed order resting on the TXSE Book. Under the current rule text, an incoming Market or Limit Order at or above $1.00 per share that is priced more aggressively than the locking order will execute at a price one-half of the minimum price variation better than the price of the locking order with the Post-Only instruction. The Exchange proposes to eliminate this exception in order to ensure that orders with a Post-Only instruction will not remove liquidity. Instead, both the displayed order with a Post-Only instruction and the resting Non-Display order will remain available for execution at the locking price. This change is consistent with the rules of Nasdaq,
                    <SU>15</SU>
                    <FTREF/>
                     which has stated that allowing both orders to become executable at the locking prices is consistent with the intent and use of Post-Only orders, which are essential to price formation and order interaction as they allow members to rest liquidity on the Nasdaq Order Book.
                    <SU>16</SU>
                    <FTREF/>
                     Accordingly, eliminating Rule 11.009(a)(4)(D) will harmonize Exchange rules with established industry practice, simplify the Exchange's execution logic, ensure that orders with a Post-Only instruction behave as expected, and promote greater transparency and predictability in the operation of its trading system without altering the fundamental manner in which orders are matched or executed. The Exchange further believes that removing the cross-reference in Rule 11.009(a)(4)(C) is a conforming change that improves the clarity and internal consistency of the Exchange's rules.
                </P>
                <FTNT>
                    <P>
                        <SU>15</SU>
                         
                        <E T="03">See</E>
                         Nasdaq Equity Rule 4702(b)(4)(A), which, in part, states: “If the Post-Only Order . . . would lock or cross a non-displayed Order on the Nasdaq Book, the Post-Only Order will be posted, ranked, and displayed at its limit price.”
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>16</SU>
                         
                        <E T="03">See</E>
                         Release No. 34-79290, File No. SR-NASDAQ-2016-111, 81 FR 81184 (Nov. 17, 2016).
                    </P>
                </FTNT>
                <HD SOURCE="HD3">Chapter 13 (Miscellaneous Provisions)</HD>
                <P>
                    First, the Exchange proposes to update and amend the data feeds table Rule 13.004 (Usage of Data Feeds), which sets forth on a market-by-market basis the specific proprietary and network processor feeds that the Exchange utilizes for the handling, routing, and execution of orders, and for performing the regulatory compliance processes related to each of those functions. Specifically, the table would be amended to include 24X Exchange (“24X”) by stating it will utilize 24X Exchange market data from the Consolidated Quotation System (“CQS”)/UTP Quotation Data Feed (“UQDF”) for purposes of order handling, routing, execution, and related compliance processes. Additionally, the table will be updated to reflect that the Exchange will receive a direct feed from Cboe BYX Exchange, Inc. (“BYX”) and Cboe EDGA Exchange, Inc. (“EDGA”) as its primary quotation data source for these exchanges, and the Exchange will use CQS/UQDF as the secondary data source for these exchanges. Lastly, the table will be updated to reflect the current name of an exchange that was recently renamed (
                    <E T="03">i.e.:</E>
                     Nasdaq Texas, LLC).
                </P>
                <P>Next, the Exchange proposes to update and amend Rule 13.008 (Data Products) to rename the Exchange's proprietary data products. Specifically, the TXSE Depth data product will now be called TXSE FEED and the TXSE Top and TXSE Last Sale data products will be combined into one single data product called TXSE BALE. There are no changes to the information contained within each of the Exchange's proprietary data products.</P>
                <HD SOURCE="HD3">2. Statutory Basis</HD>
                <P>
                    The Exchange believes that the proposed rule change is consistent with Section 6(b) of the Act,
                    <SU>17</SU>
                    <FTREF/>
                     in general, and furthers the objectives of Section 6(b)(5) of the Act,
                    <SU>18</SU>
                    <FTREF/>
                     in particular, in that it is designed to promote just and equitable principles of trade, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general, to protect investors and the public interest.
                </P>
                <FTNT>
                    <P>
                        <SU>17</SU>
                         15 U.S.C. 78f(b).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>18</SU>
                         15 U.S.C. 78f(b)(5).
                    </P>
                </FTNT>
                <P>The Exchange believes that the proposed rule change removes impediments to and perfects the mechanism of a free and open market because updating its data feeds table to add a new market center for which the exchange will consume quotation data through direct and secondary feeds will provide clarity to market participants. Additionally, it is necessary and consistent with the public interest and the protection of investors to update the Exchange's table of market centers in Rule 13.004 in order to provide transparency with respect to all the direct proprietary and network processor feeds from which the Exchange obtains market data, as well as amend and update Rule 13.008 to rename Exchange's data products.</P>
                <P>The Exchange believes the proposed amendments to the Chapter 11 Trading Rules promote just and equitable principles of trade by ensuring that the Exchange's rules accurately describe the operation of its trading system and the manner in which orders are handled. Market participants rely on exchange rules to understand how their orders will be processed and executed. By eliminating obsolete, inaccurate, or internally inconsistent provisions and conforming the rule text to the Exchange's planned functionality, the proposal provides Members with greater certainty regarding the handling of their orders and reduces the potential for misunderstanding or inconsistent interpretation of the Exchange's rules. The Exchange believes that improving the accuracy and transparency of its rulebook protects investors and the public interest by providing a clearer and more reliable description of the Exchange's trading functionality.</P>
                <P>The Exchange further believes the proposal removes impediments to and perfects the mechanism of a free and open market and a national market system by simplifying the Exchange's order handling logic and reducing unnecessary complexity in its rules. Several of the proposed amendments eliminate exceptions, special-case processing, and legacy provisions that no longer reflect the operation of the Exchange's System or that impose unnecessary distinctions between similarly situated orders. The Exchange believes that a simpler and more transparent rulebook benefits Members by making the operation of the Exchange's trading system easier to understand and promotes the efficient operation of the national market system.</P>
                <P>
                    The Exchange also believes the proposal promotes just and equitable principles of trade by aligning several aspects of the Exchange's order handling functionality with the rules and functionality of other national securities exchanges. Consistent treatment of commonly used order types and order modifiers across exchanges 
                    <PRTPAGE P="43133"/>
                    reduces unnecessary differences in order handling that may otherwise create confusion for Members accessing multiple trading venues. The Exchange believes that harmonizing its rules with established industry practice, where appropriate, facilitates more efficient participation in the national market system while preserving competition among exchanges.
                </P>
                <P>The Exchange further believes that several of the proposed amendments are designed to protect investors and the public interest by reducing unnecessary order cancellations while continuing to ensure compliance with Regulation NMS. For example, the proposal would permit certain non-displayed Limit Orders and Pegged Orders to remain on the TXSE Book under circumstances in which they cannot be executed immediately but may become eligible for execution at a later time. Rather than cancelling these orders outright, the proposed functionality provides Members with additional opportunities for execution without resulting in the dissemination of locking or crossing quotations or otherwise compromising the Exchange's obligations under Regulation NMS. The Exchange believes these changes promote fair and orderly markets by increasing execution opportunities while maintaining appropriate regulatory safeguards.</P>
                <P>In addition, the Exchange believes that the proposed amendments relating to Post Only instructions further protect investors and the public interest by providing Members with greater certainty regarding the handling of their orders. Under the proposal, a Post Only order will either post to the TXSE Book or be cancelled, as applicable, but will not remove liquidity. The Exchange believes this deterministic approach better reflects the purpose of a Post Only instruction, eliminates the need for the System to perform an economic analysis before determining whether an order should remove liquidity, and provides Members with a clearer understanding of how orders entered with a Post Only instruction will be handled.</P>
                <P>The Exchange also believes that removing unnecessary execution pricing adjustments and clarifying the treatment of Market Orders and Replace Messages promotes transparency and predictability in the operation of the Exchange's trading system. These amendments do not materially alter the Exchange's matching logic but instead eliminate provisions that are inconsistent with the Exchange's functionality or that unnecessarily complicate the Exchange's rules. The Exchange believes that a rulebook that accurately reflects the operation of the Exchange's System promotes investor confidence, facilitates compliance by Members, and contributes to the orderly operation of the Exchange. Additionally, the Exchange believes that removing the execution price collar for Market Orders is consistent with the protection of investors and the public interest. The proposal will eliminate rule text that does not reflect the Exchange's current operational behavior, thereby improving the accuracy and transparency of the Exchange's rules. Selecting an order type is at the discretion of each Member and the Exchange believes that clear and accurate rules enable Members to better understand the functionality available on the Exchange and make informed order-entry decisions, including the selection of the order type that best meets their trading objectives.</P>
                <P>Finally, the Exchange believes the proposal is consistent with the protection of investors and the public interest because it does not diminish existing investor protections or alter the Exchange's obligations under the federal securities laws. Instead, the proposal modernizes and clarifies the Exchange's rules, harmonizes several aspects of the Exchange's functionality with established industry practice, reduces unnecessary complexity, and improves the transparency and predictability of the Exchange's order handling. Accordingly, the Exchange believes the proposed rule change removes impediments to and perfects the mechanism of a free and open market and a national market system and is consistent with the requirements of Section 6(b)(5) of the Act.</P>
                <HD SOURCE="HD2">B. Self-Regulatory Organization's Statement on Burden on Competition</HD>
                <P>The Exchange does not believe that the proposed rule changes will impose any burden on competition not necessary or appropriate in furtherance of the purposes of the Act. The proposed rule changes to Rule 13.004 and Rule 13.008 are not designed to address any competitive issue; instead, its purpose is to enhance transparency with respect to the operation of the Exchange and its naming and use of market data feeds.</P>
                <P>The Exchange does not believe that the proposed rule changes to Section 11 (Trading Rules) will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. The proposed rule changes are primarily intended to conform the Exchange's rules to the operation of its trading system, eliminate obsolete or inaccurate rule text, simplify certain aspects of the Exchange's order handling functionality, and harmonize several order handling provisions with the rules and functionality of other national securities exchanges. As such, the Exchange does not believe the proposal will impose any burden on either intra-market or inter-market competition.</P>
                <P>The Exchange does not believe the proposal will impose any burden on intra-market competition because the proposed amendments will apply uniformly to all Members. The proposal does not modify the rights or obligations of any particular category of Member, nor does it provide any Member with a competitive advantage over another. Instead, the proposal clarifies the operation of optional order types and order instructions, removes unnecessary complexity from the Exchange's rules, and provides all Members with greater certainty regarding the handling of their orders. To the extent the proposal reduces unnecessary order cancellations and simplifies order handling, those benefits will be available equally to all Members.</P>
                <P>The Exchange also does not believe the proposal will impose any burden on inter-market competition. To the contrary, many of the proposed amendments adopt functionality or order handling practices that are already available on other national securities exchanges. By conforming its rules to established industry practices where appropriate, the Exchange believes the proposal will reduce unnecessary differences in order handling among exchanges, facilitate Members' ability to interact with multiple trading venues, and promote greater consistency across the national market system.</P>
                <P>To the extent the proposal modifies the treatment of optional order instructions, Members remain free to determine whether to utilize those optional order types or to employ alternative order types or trading strategies. Likewise, because market participants may choose to direct their order flow to any competing national securities exchange, alternative trading system, or other execution venue, the proposal will not impair the ability of market participants to choose among competing execution venues.</P>
                <P>
                    Rather than burdening competition, the Exchange believes the proposal will enhance competition by improving the clarity, transparency, and predictability of the Exchange's rules, reducing unnecessary operational complexity, and increasing opportunities for execution in circumstances where orders would otherwise be unnecessarily cancelled while continuing to comply with Regulation NMS. Accordingly, the Exchange does 
                    <PRTPAGE P="43134"/>
                    not believe that the proposed rule change imposes any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act.
                </P>
                <HD SOURCE="HD2">C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others</HD>
                <P>The Exchange has neither solicited nor received written comments on the proposed rule change.</P>
                <HD SOURCE="HD1">III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action</HD>
                <P>
                    Because the foregoing proposed rule change does not: (i) significantly affect the protection of investors or the public interest; (ii) impose any significant burden on competition; and (iii) become operative for 30 days from the date on which it was filed, or such shorter time as the Commission may designate, it has become effective pursuant to Section 19(b)(3)(A)(iii) of the Act 
                    <SU>19</SU>
                    <FTREF/>
                     and Rule 19b-4(f)(6) 
                    <SU>20</SU>
                    <FTREF/>
                     thereunder.
                </P>
                <FTNT>
                    <P>
                        <SU>19</SU>
                         15 U.S.C. 78s(b)(3)(A)(iii).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>20</SU>
                         17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6) requires a self-regulatory organization to give the Commission written notice of its intent to file the proposed rule change at least five business days prior to the date of filing of the proposed rule change, or such shorter time as designated by the Commission. The Exchange has satisfied this requirement.
                    </P>
                </FTNT>
                <P>
                    The Exchange requested that the Commission waive the 30-day operative delay so that the proposed rule change may become operative immediately upon filing. The Exchange states that waiver of the operative delay is consistent with the protection of investors and the public interest because it would allow the Exchange to immediately amend its rules to clarify and simplify its rules and to harmonize certain order handling provisions with functionality that has previously been implemented by other national securities exchanges. Because the proposed rule change does not raise any novel issues, the Commission hereby waives the operative delay and designates the proposed rule change to be operative upon filing.
                    <SU>21</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>21</SU>
                         For purposes only of waiving the 30-day operative delay, the Commission has considered the proposed rule's impact on efficiency, competition, and capital formation. See 15 U.S.C. 78c(f).
                    </P>
                </FTNT>
                <P>At any time within 60 days of the filing of the proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. If the Commission takes such action, the Commission will institute proceedings to determine whether the proposed rule change should be approved or disapproved.</P>
                <HD SOURCE="HD1">IV. Solicitation of Comments</HD>
                <P>Interested persons are invited to submit written data, views and arguments concerning the foregoing, including whether the proposal is consistent with the Act. Comments may be submitted by any of the following methods:</P>
                <HD SOURCE="HD2">Electronic Comments</HD>
                <P>
                    • Use the Commission's internet comment form (
                    <E T="03">http://www.sec.gov/rules/sro.shtml</E>
                    ); or
                </P>
                <P>
                    • Send an email to 
                    <E T="03">rule-comments@sec.gov.</E>
                     Please include File No. SR-TXSE-2026-010 on the subject line.
                </P>
                <HD SOURCE="HD2">Paper Comments</HD>
                <P>• Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.</P>
                <FP>
                    All submissions should refer to File No. SR-TXSE-2026-010. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's internet website (
                    <E T="03">http://www.sec.gov/rules/sro.shtml</E>
                    ). Copies of the filing will be available for inspection and copying at the principal office of the Exchange. Do not include personal identifiable information in submissions; you should submit only information that you wish to make available publicly. We may redact in part or withhold entirely from publication submitted material that is obscene or subject to copyright protection. All submissions should refer to file number SR-TXSE-2026-010 and should be submitted on or before August 4, 2026.
                </FP>
                <SIG>
                    <P>
                        For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.
                        <SU>22</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>22</SU>
                             17 CFR 200.30-3(a)(12).
                        </P>
                    </FTNT>
                    <NAME>Sherry R. Haywood,</NAME>
                    <TITLE>Assistant Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2026-14102 Filed 7-13-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 8011-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">SECURITIES AND EXCHANGE COMMISSION</AGENCY>
                <DEPDOC>[Investment Company Act Release No. 36245; File No. 812-16030]</DEPDOC>
                <SUBJECT>VALIC Company I and The Variable Annuity Life Insurance Company</SUBJECT>
                <DATE>July 9, 2026.</DATE>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Securities and Exchange Commission (“Commission” or “SEC”).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <P>Notice of an application under Section 6(c) of the Investment Company Act of 1940 (“Act”) for an exemption from Section 15(c) of the Act.</P>
                <PREAMHD>
                    <HD SOURCE="HED">SUMMARY OF APPLICATION:</HD>
                    <P> The requested exemption would permit a Trust's board of trustees to approve new sub-advisory agreements and material amendments to existing sub-advisory agreements without complying with the in-person meeting requirement of Section 15(c) of the Act.</P>
                </PREAMHD>
                <PREAMHD>
                    <HD SOURCE="HED">APPLICANTS:</HD>
                    <P> VALIC Company I and The Variable Annuity Life Insurance Company.</P>
                    <P>
                        <E T="03">Filing Date:</E>
                         The application was filed on May 18, 2026.
                    </P>
                </PREAMHD>
                <PREAMHD>
                    <HD SOURCE="HED">HEARING OR NOTIFICATION OF HEARING:</HD>
                    <P>
                         An order granting the requested relief will be issued unless the Commission orders a hearing. Interested persons may request a hearing on any application by emailing the SEC's Secretary at 
                        <E T="03">Secretarys-Office@sec.gov</E>
                         and serving the Applicants with a copy of the request by email, if an email address is listed for the relevant Applicant below, or personally or by mail, if a physical address is listed for the relevant Applicant below. The email should include the file number referenced above. Hearing requests should be received by the Commission by 5:30 p.m., Eastern time, on August 3, 2026, and should be accompanied by proof of service on the Applicants, in the form of an affidavit, or, for lawyers, a certificate of service. Pursuant to rule 0-5 under the Act, hearing requests should state the nature of the writer's interest, any facts bearing upon the desirability of a hearing on the matter, the reason for the request, and the issues contested. Persons who wish to be notified of a hearing may request notification by emailing the Commission's Secretary.
                    </P>
                </PREAMHD>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        The Commission: 
                        <E T="03">Secretarys-Office@sec.gov.</E>
                         Applicants: Elliot J. Gluck, Esq., Willkie Farr &amp; Gallagher LLP, 
                        <E T="03">egluck@Willkie.com,</E>
                         with a copy to: Christopher Tafone, The Variable Annuity Life Insurance Company, 
                        <E T="03">christopher.tafone@corebridgefinancial.com.</E>
                    </P>
                </ADD>
                <FURINF>
                    <PRTPAGE P="43135"/>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Rachel Loko, Senior Special Counsel, at (202) 551-6825 (Division of Investment Management, Chief Counsel's Office).</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    For Applicants' representations, legal analysis, and conditions, please refer to Applicants' application, dated May 18, 2026, which may be obtained via the Commission's website by searching for the file number at the top of this document, or for an Applicant using the Company name search field on the SEC's EDGAR system. The SEC's EDGAR system may be searched at 
                    <E T="03">https://www.sec.gov/search-filings.</E>
                     You may also call the SEC's Office of Investor Education and Assistance (202) 551-8090.
                </P>
                <SIG>
                    <P>For the Commission, by the Division of Investment Management, under delegated authority.</P>
                    <NAME>Sherry R. Haywood,</NAME>
                    <TITLE>Assistant Secretary.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-14088 Filed 7-13-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 8011-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">SECURITIES AND EXCHANGE COMMISSION</AGENCY>
                <DEPDOC>[Release No. 34-105874; File No. SR-CBOE-2026-059]</DEPDOC>
                <SUBJECT>Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Its Fee Schedule for Its Complex Order Book Data Feed</SUBJECT>
                <DATE>July 9, 2026.</DATE>
                <P>
                    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”),
                    <SU>1</SU>
                    <FTREF/>
                     and Rule 19b-4 thereunder,
                    <SU>2</SU>
                    <FTREF/>
                     notice is hereby given that on July 1, 2026, Cboe Exchange, Inc. (the “Exchange” or “Cboe”) filed with the Securities and Exchange Commission (“SEC” or “Commission”) the proposed rule change as described in Items I, II, and III below, which Items have been prepared by the Exchange. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons.
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         15 U.S.C. 78s(b)(1).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         17 CFR 240.19b-4.
                    </P>
                </FTNT>
                <HD SOURCE="HD1">I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change</HD>
                <P>Cboe Exchange, Inc. (the “Exchange” or “Cboe Options”) proposes to amend its Fee Schedule for the Exchange's Complex Order Book Data Feed. The text of the proposed rule change is provided in Exhibit 5.</P>
                <P>
                    The text of the proposed rule change is also available on the Commission's website (
                    <E T="03">https://www.sec.gov/rules/sro.shtml</E>
                    ), the Exchange's website (
                    <E T="03">https://www.cboe.com/us/options/regulation/rule_filings/cone/</E>
                    ), and at the principal office of the Exchange.
                </P>
                <HD SOURCE="HD1">II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change</HD>
                <P>In its filing with the Commission, the Exchange included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in sections A, B, and C below, of the most significant aspects of such statements.</P>
                <HD SOURCE="HD2">A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change</HD>
                <HD SOURCE="HD3">1. Purpose</HD>
                <P>
                    The Exchange proposes to amend its Fee Schedule to amend the existing C1 Complex Order Book 
                    <SU>3</SU>
                    <FTREF/>
                     Retail Broker 
                    <SU>4</SU>
                    <FTREF/>
                     Waiver Program (the “Retail Broker Waiver Program”) for Cboe Options' C1 Complex Order Book Data Feed (“C1 COB Data Feed”). The Exchange originally introduced the Retail Broker Waiver Program in April 2026.
                    <SU>5</SU>
                    <FTREF/>
                     Based on customer feedback, the Exchange now seeks to seeks to amend the Retail Broker Waiver Program to also include a waiver for Internal Distributor Fees.
                </P>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         The terms “Complex Order Book” and “COB” mean the Exchange's electronic book of complex orders used for all trading sessions. 
                        <E T="03">See</E>
                         Rule. 5.33. Complex Orders.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         The term “Retail Broker” means a Distributor (as that term is currently defined on the Exchange's fee schedule) that is distributing data to Non-Professional Data Users with whom the Retail Broker has a brokerage relationship and at least 90% of the Distributor's total subscriber population must consist of Non-Professional Users, inclusive of any subscribers receiving any other real-time, proprietary equities or options data feed, offered by Cboe's equities and options exchanges.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 105198 (April 10, 2026); 91 FR 20204 (April 15, 2026); SR-CBOE-2026-033 (“Retail Broker Waiver Program Filing”).
                    </P>
                </FTNT>
                <HD SOURCE="HD3">Background</HD>
                <P>The Exchange currently offers for subscription its C1 COB Data Feed, which is a real-time data feed that includes data regarding the Exchange's COB and related complex order information. The C1 COB Data Feed contains the following information for all C1-traded complex order strategies (multi-leg strategies such as spread, straddles, and buy-writes): (i) outstanding quotes and standing orders on each side of the market with aggregate size; (ii) last sale data; and (iii) totals of customer versus non-customer contracts.</P>
                <P>Currently, the fees for subscribing to the C1 COB Data Feed are as follows:</P>
                <GPOTABLE COLS="4" OPTS="L2,nj,tp0,p1,8/9,i1" CDEF="s50,r50,r50,r200">
                    <TTITLE> </TTITLE>
                    <BOXHD>
                        <CHED H="1"> </CHED>
                        <CHED H="1"> </CHED>
                        <CHED H="1"> </CHED>
                        <CHED H="1"> </CHED>
                    </BOXHD>
                    <ROW RUL="s">
                        <ENT I="25">Cboe options complex order book</ENT>
                        <ENT A="01">Monthly fee</ENT>
                        <ENT>Notes</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Internal Distribution Fee</ENT>
                        <ENT A="01">$3,000</ENT>
                        <ENT>Distributor will be subject to the greater of the two Distribution fees when receiving the Cboe Options Complex Order Book Feed for both Internal and External Distribution.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">External Distribution Fee</ENT>
                        <ENT A="01">$1,500</ENT>
                        <ENT>Distributor will be subject to the greater of the two Distribution fees when receiving the Cboe Options Complex Order Book Feed for both Internal and External Distribution.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Professional User Fee</ENT>
                        <ENT A="01">$25 per Device or User ID</ENT>
                        <ENT>User Fee applies for both “internal” Professional Users (Devices or user IDs of employees of a Distributor) and “external” Professional Users (Devices or user IDs of Professional Users who receive the Data from a Distributor and are not employed by the Distributor).</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Non-Professional User Fee</ENT>
                        <ENT A="01">$1.00/month/per User</ENT>
                        <ENT>As an alternative to per-user Non-Professional User fees, a Distributor may elect to purchase a monthly Enterprise license for the C1 Options Complex Feed for distribution to Non-Professional Users. A Distributor must pay a separate Enterprise Fee for each entity for which it controls the display of the Cboe Options Complex Order Book if it wishes for such entity's Users to be covered by the Enterprise Fee.</ENT>
                    </ROW>
                    <ROW>
                        <PRTPAGE P="43136"/>
                        <ENT I="01">Enterprise Non-Professional User License</ENT>
                        <ENT>Non-Professional User Count</ENT>
                        <ENT>Monthly Fee</ENT>
                        <ENT> </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>Up to 25,000 Users</ENT>
                        <ENT>$2,500</ENT>
                        <ENT> </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>25,001-100,000 Users</ENT>
                        <ENT>$5,000</ENT>
                        <ENT> </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>100,001+ Users</ENT>
                        <ENT>$7,500</ENT>
                        <ENT> </ENT>
                    </ROW>
                </GPOTABLE>
                <P>
                    The Retail Broker Waiver Program Filing introduced the Enterprise Non-Professional User License which serves as an alternative to firms paying a per-user Non-Professional User fee. In conjunction with the introduction of the Enterprise Non-Professional User License, the Exchange also established the Retail Broker Waiver Program for new External Distributors of C1 COB Data Feed.
                    <SU>6</SU>
                    <FTREF/>
                     The Retail Broker Waiver Program provides a waiver of both the Enterprise Fee and the External Distributor Fee for a period of 2 years from the date of enrollment.
                </P>
                <FTNT>
                    <P>
                        <SU>6</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <HD SOURCE="HD3">Amend the Retail Broker Waiver Program</HD>
                <P>Currently, qualifying Retail Brokers enrolled in the Retail Broker Waiver Program receive the following fee waivers for a period of two (2) years from the date of enrollment: (i) Enterprise Fee and (ii) External Distributor Fee. In order to qualify for the Retail Broker Waiver Program, a firm must meet the definition of a Retail Broker and must not have been an External Distributor for the C1 COB Data Feed within the past 18 months.</P>
                <P>
                    Now, the Exchange proposes to amend the Retail Broker Waiver Program to also include Internal Distributor Fees that are obtained in connection with a firm's enrollment as a new External Distributor.
                    <SU>7</SU>
                    <FTREF/>
                     The fee waivers, including the proposed waiver of the Internal Distributor Fees, would continue to apply for a period of two (2) years from the date of enrollment. Firms must also continue to meet the definition of a Retail Broker and must not have been an External Distributor for the C1 COB Data Feed within the past 18 months. The Exchange seeks to include Internal Distributor Fees within the Retail Broker Waiver Program so as to incentivize Retail Brokers to integrate the C1 COB Data Feed into its system and to then distribute this data internally to its users. As Distributors are subject to the greater of the Internal Distribution Fee and External Distribution Fee when receiving the C1 COB Data Feed for both internal and external distribution,
                    <SU>8</SU>
                    <FTREF/>
                     the Exchange believes it is appropriate to amend the Retail Broker Waiver Program to include the Internal Distributor Fees.
                </P>
                <FTNT>
                    <P>
                        <SU>7</SU>
                         For example, if a firm became subject to both Internal and External Distributor Fees on the same date, the firm would be eligible to have its Internal Distributor Fee waived as part of the Retail Broker Waiver Program. However, a firm that becomes subject to the Internal Distributor Fee on a different date than it becomes subject to the External Distributor Fee would not be eligible to have its Internal Distributor Fee waived as part of the Retail Broker Waiver Program.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>8</SU>
                         
                        <E T="03">See</E>
                         Cboe Exchange, Inc. Fees Schedule, Cboe Options Complex Order Book (COB).
                    </P>
                </FTNT>
                <HD SOURCE="HD3">2. Statutory Basis</HD>
                <P>
                    The Exchange believes the proposed rule change is consistent with the Securities Exchange Act of 1934 (the “Act”) and the rules and regulations thereunder applicable to the Exchange and, in particular, the requirements of Section 6(b) of the Act.
                    <SU>9</SU>
                    <FTREF/>
                     Specifically, the Exchange believes the proposed rule change is consistent with the Section 6(b)(5) 
                    <SU>10</SU>
                    <FTREF/>
                     requirements that the rules of an exchange be designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in regulating, clearing, settling, processing information with respect to, and facilitating transactions in securities, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general, to protect investors and the public interest. Additionally, the Exchange believes the proposed rule change is consistent with Section 6(b)(4) of the Act,
                    <SU>11</SU>
                    <FTREF/>
                     which requires that Exchange rules provide for the equitable allocation of reasonable dues, fees, and other charges among its TPHs and other persons using its facilities.
                </P>
                <FTNT>
                    <P>
                        <SU>9</SU>
                         15 U.S.C. 78f(b).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>10</SU>
                         15 U.S.C. 78f(b)(5).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>11</SU>
                         15 U.S.C. 78f(b)(4).
                    </P>
                </FTNT>
                <P>The Exchange believes the proposed amendment to the Retail Broker Waiver Program promotes just and equitable principles of trade by removing a structural fee imbalance that previously created a disincentive for eligible Retail Brokers to participate as both Internal and External Distributors of the C1 COB Data Feed concurrently.</P>
                <P>
                    Under the current fee structure, Distributors that receive the C1 COB Data Feed for both internal and external distribution are subject to the greater of the Internal Distribution Fee ($3,000/month) and External Distribution Fee ($1,500/month)—meaning a firm that enrolls in the Retail Broker Waiver Program as both a new External Distributor a new Internal Distributor would nonetheless remain obligated to pay the Internal Distribution Fee, which is the higher of the two charges. This outcome is inconsistent with the spirit of the Retail Broker Waiver Program, which was designed to reduce barriers to entry and incentivize new External Distributors to integrate the C1 COB Data Feed.
                    <SU>12</SU>
                    <FTREF/>
                     By amending the Retail Broker Waiver Program to include the waiver of Internal Distributor Fees obtained in connection with a firm's new enrollment as an External Distributor, the Exchange ensures that the fee relief afforded to qualifying Retail Brokers is meaningful and complete, rather than partial and potentially illusory. The Exchange therefore believes this amendment is equitable and consistent with just principles of trade.
                </P>
                <FTNT>
                    <P>
                        <SU>12</SU>
                         
                        <E T="03">Supra</E>
                         note 5.
                    </P>
                </FTNT>
                <P>
                    The Exchange believes the proposed rule change removes impediments to and perfects the mechanism of a free and open market and a national market system by broadening access to the C1 COB Data Feed among Retail Brokers that serve non-professional, retail investor populations. The C1 COB Data Feed provides real-time information regarding the Exchange's Complex Order Book, including outstanding quotes and standing orders, last sale data, and customer versus non-customer contract totals for complex strategies such as spreads, straddles, and buy-writes. Wider distribution of this data—particularly to retail customers—promotes price transparency and informed trading activity in the complex options market. The Retail Broker Waiver Program, as amended, is designed to lower the cost of entry for 
                    <PRTPAGE P="43137"/>
                    new External Distributors, facilitating broader dissemination of complex order book data to retail investors who may otherwise lack access to this information.
                </P>
                <P>By extending the waiver to Internal Distributor Fees, the Exchange eliminates a financial obstacle that may have deterred eligible Retail Brokers from integrating the C1 COB Data Feed into their internal systems that support functions and workflows including, but not limited to, risk management and order routing—which are necessary prerequisites to distributing the data externally to end users and enabling trading functionality. A two-year waiver of both the Internal and External Distribution Fees, as well as the Enterprise Fee, allows firms to invest in building out market data connectivity and the systems required to enable informed trading within the complex options market. The Exchange therefore believes this amendment facilitates the broader and more efficient dissemination of market data, which is consistent with the objectives of a national market system.</P>
                <P>The Exchange believes that the revised Retail Broker Waiver Program is designed to provide for the equitable allocation of reasonable dues, fees and other charges among its members and other recipients of Exchange data. The Exchange believes that amending the Retail Broker Waiver Program to include Internal Distributor Fees will encourage Retail Brokers to subscribe to the C1 COB Data Feed and become both Internal and External Distributors concurrently. As noted above, Distributors are subject to the greater of the Internal Distribution Fee and External Distribution Fee when receiving the C1 COB Data Feed for both internal and external distribution. By not including Internal Distributor Fees in the Retail Broker Waiver Program, firms may be discouraged from participating as both External and Internal Distributors of the C1 COB Data Feed as firms would have been required to pay the Internal Distributor Fee ($3,000/month) as it is higher than the External Distributor Fee ($1,500/month).</P>
                <P>
                    The Exchange believes the proposed rule change is consistent with the protection of investors and the public interest. The amendment to the Retail Broker Waiver Program is specifically designed to encourage Retail Brokers (
                    <E T="03">i.e.,</E>
                     firms whose customer base is composed predominantly of retail, non-professional investors) to subscribe to and distribute the C1 COB Data Feed. Retail investors benefit from access to complex order book data, as greater transparency into the complex options market enables more informed investment decisions. By reducing the cost of entry for new Retail Broker distributors, the Exchange is taking steps to ensure that the benefits of market data transparency extend beyond institutional participants to the broader investing public.
                </P>
                <P>Furthermore, the C1 COB Data Feed is made available on a voluntary, subscription basis. Neither the Exchange nor distributors are required by rule or regulation to offer or subscribe to this product. The voluntary nature of the program combined with the ability of any distributor to discontinue use at any time provides a natural market check on the reasonableness of the fee structure. The Exchange's decision to extend the scope of the Retail Broker Waiver Program reflects its commitment to supporting market access in a manner consistent with investor protection and the public interest.</P>
                <P>Additionally, the Exchange believes the proposed rule change is not unfairly discriminatory. The amended Retail Broker Waiver Program continues to apply uniformly to all market participants that: (i) meet the definition of a Retail Broker; and (ii) have not served as an External Distributor of the C1 COB Data Feed within the past 18 months. All firms that satisfy these criteria are equally eligible to receive the proposed fee waivers, including the proposed waiver for Internal Distributor Fees obtained in connection with enrollment as a new External Distributor.</P>
                <P>While the proposed waiver for Internal Distributor Fees is limited to fees obtained in connection with a firm's enrollment as a new External Distributor rather than extended to all Internal Distributor subscribers generally, the Exchange does not believe this limitation is unfairly discriminatory. The Retail Broker Waiver Program was established to encourage the external distribution of the C1 COB Data Feed to retail customers, and the Internal Distributor Fee waiver is an ancillary benefit designed specifically to support that goal. Conditioning the Internal Distributor Fee waiver on concurrent enrollment as an External Distributor is directly tied to that purpose and ensures that the program's benefits are directed toward firms that are actively expanding the reach of the C1 COB Data Feed to retail investors. This limitation is a reasonable, purpose-driven distinction that furthers the underlying policy objectives of the program and is therefore not unfairly discriminatory.</P>
                <HD SOURCE="HD2">B. Self-Regulatory Organization's Statement on Burden on Competition</HD>
                <P>
                    The Exchange does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. The proposed rule change is grounded in the Exchange's efforts to assist in mitigating business costs for both new and existing Retail Brokers (
                    <E T="03">i.e.,</E>
                     the costs associated to distribute market data to Non-Professional Users). The Exchange does not believe that the proposed rule change will impose any burden on intramarket competition because the proposed amendment to the Retail Broker Waiver Program applies uniformly and without distinction to all market participants that satisfy the program's eligibility criteria—specifically, firms that: (i) meet the definition of a Retail Broker; and (ii) have not served as an External Distributor of the C1 COB Data Feed within the past 18 months. Any firm meeting these criteria is equally eligible to receive the full suite of waivers now offered under the amended program, including the newly added waiver of Internal Distributor Fees obtained in connection with enrollment as a new External Distributor.
                </P>
                <P>The amended program does not confer advantages upon any particular class of Exchange participant over another. Incumbent External Distributors of the C1 COB Data Feed are not disadvantaged by the program as they had the opportunity to participate in the Retail Broker Waiver Program when it was introduced in April 2026 and are not displaced by the extension of benefits to new entrants. The 18-month lookback provision ensures the program targets genuinely new market participants rather than those seeking to recycle existing relationships to obtain fee relief, which could distort the competitive landscape to the detriment of existing distributors. This limitation is reasonable and narrowly tailored to advance the program's objectives without creating undue competitive disparities among participants operating within the same market.</P>
                <P>
                    The Exchange does not believe the proposed rule change will impose any burden on intermarket competition that is not necessary or appropriate in furtherance of the purposes of the Act. The Retail Broker Waiver Program, as amended, is designed to reduce the financial barriers associated with integrating a new market data feed. By waiving the Internal Distributor Fee, External Distributor Fee, and Enterprise Non-Professional User License Fee for 
                    <PRTPAGE P="43138"/>
                    up to two years from the date of enrollment, the Exchange is enabling Retail Brokers to invest in the technical infrastructure required to distribute complex order book data without bearing the full cost burden during the critical onboarding period. This approach promotes broader dissemination of market data and is consistent with the national market system's objectives of encouraging transparency and fair competition across exchanges. Additionally, the Exchange believes that the amended program promotes intermarket competition by incentivizing participation in a data product that enhances price discovery and transparency in the U.S. options market, to the benefit of investors across all venues.
                </P>
                <P>The Exchange also notes that the proposed Internal Distributor Fee waiver is limited to fees obtained in connection with a firm's enrollment as a new External Distributor—a condition that ties the benefit directly to the expansion of external distribution to retail customers. This limitation is narrowly tailored to the purpose of the program and does not confer a blanket competitive advantage that would distort competition among exchanges or data distributors.</P>
                <HD SOURCE="HD2">C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others</HD>
                <P>The Exchange neither solicited nor received comments on the proposed rule change.</P>
                <HD SOURCE="HD1">III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action</HD>
                <P>
                    The foregoing rule change has become effective pursuant to Section 19(b)(3)(A) of the Act 
                    <SU>13</SU>
                    <FTREF/>
                     and paragraph (f) of Rule 19b-4 
                    <SU>14</SU>
                    <FTREF/>
                     thereunder. At any time within 60 days of the filing of the proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. If the Commission takes such action, the Commission will institute proceedings to determine whether the proposed rule change should be approved or disapproved.
                </P>
                <FTNT>
                    <P>
                        <SU>13</SU>
                         15 U.S.C. 78s(b)(3)(A).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>14</SU>
                         17 CFR 240.19b-4(f).
                    </P>
                </FTNT>
                <HD SOURCE="HD1">IV. Solicitation of Comments</HD>
                <P>Interested persons are invited to submit written data, views and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods:</P>
                <HD SOURCE="HD2">Electronic Comments</HD>
                <P>
                    • Use the Commission's internet comment form (
                    <E T="03">https://www.sec.gov/rules/sro.shtml</E>
                    ); or
                </P>
                <P>
                    • Send an email to 
                    <E T="03">rule-comments@sec.gov.</E>
                     Please include file number SR-CBOE-2026-059 on the subject line.
                </P>
                <HD SOURCE="HD2">Paper Comments</HD>
                <P>• Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.</P>
                <FP>
                    All submissions should refer to file number SR-CBOE-2026-059. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's internet website (
                    <E T="03">https://www.sec.gov/rules/sro.shtml</E>
                    ). Copies of the filing will be available for inspection and copying at the principal office of the Exchange. Do not include personal identifiable information in submissions; you should submit only information that you wish to make available publicly. We may redact in part or withhold entirely from publication submitted material that is obscene or subject to copyright protection. All submissions should refer to file number SR-CBOE-2026-059 and should be submitted on or before August 4, 2026.
                </FP>
                <SIG>
                    <P>
                        For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.
                        <SU>15</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>15</SU>
                             17 CFR 200.30-3(a)(12).
                        </P>
                    </FTNT>
                    <NAME>Sherry R. Haywood,</NAME>
                    <TITLE>Assistant Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2026-14106 Filed 7-13-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 8011-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">SECURITIES AND EXCHANGE COMMISSION</AGENCY>
                <DEPDOC>[Investment Company Act Release No. 36247; 812-16046]</DEPDOC>
                <SUBJECT>Coatue Innovative Strategies Fund and Coatue Management, L.L.C.</SUBJECT>
                <DATE>July 9, 2026.</DATE>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Securities and Exchange Commission (“Commission” or “SEC”).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <P>Notice of application for an order under section 6(c) of the Investment Company Act of 1940 (the “Act”) granting an exemption from section 23(a)(1) of the Act.</P>
                <PREAMHD>
                    <HD SOURCE="HED">SUMMARY OF APPLICATION:</HD>
                    <P> Applicants request an order to permit certain registered closed-end management investment companies and business development companies (as defined under section 2(a)(48) of the Act) to pay investment advisory fees (as described in the application) in shares of their common stock.</P>
                </PREAMHD>
                <PREAMHD>
                    <HD SOURCE="HED">APPLICANTS:</HD>
                    <P> Coatue Innovative Strategies Fund and Coatue Management, L.L.C.</P>
                </PREAMHD>
                <PREAMHD>
                    <HD SOURCE="HED">FILING DATES:</HD>
                    <P> The application was filed on June 30, 2026, and amended on July 6, 2026 and July 7, 2026.</P>
                </PREAMHD>
                <PREAMHD>
                    <HD SOURCE="HED">HEARING OR NOTIFICATION OF HEARING:</HD>
                    <P>
                         An order granting the requested relief will be issued unless the Commission orders a hearing. Interested persons may request a hearing on any application by emailing the SEC's Secretary at 
                        <E T="03">Secretarys-Office@sec.gov</E>
                         and serving the Applicants with a copy of the request by email, if an email address is listed for the relevant Applicant below, or personally or by mail, if a physical address is listed for the relevant Applicant below. The email should include the file number referenced above. Hearing requests should be received by the Commission by 5:30 p.m., Eastern Time, on August 3, 2026, and should be accompanied by proof of service on the Applicants, in the form of an affidavit, or, for lawyers, a certificate of service. Pursuant to rule 0-5 under the Act, hearing requests should state the nature of the writer's interest, any facts bearing upon the desirability of a hearing on the matter, the reason for the request, and the issues contested. Persons who wish to be notified of a hearing may request notification by emailing the Commission's Secretary.
                    </P>
                </PREAMHD>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        The Commission: 
                        <E T="03">Secretarys-Office@sec.gov.</E>
                         Applicants: Claire Jen, Coatue Management, L.L.C., 
                        <E T="03">cjen@coatue.com;</E>
                         with copies to: Nicole M. Runyan, P.C., Jason F. Monfort, Jessica L. Patrick, Kirkland &amp; Ellis LLP, 
                        <E T="03">nicole.runyan@kirkland.com, jason.monfort@kirkland.com,</E>
                          
                        <E T="03">jessica.patrick@kirkland.com.</E>
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Trace W. Rakestraw, Senior Special Counsel, at (202) 551-6825 (Division of Investment Management, Chief Counsel's Office).</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                     For Applicants' representations, legal analysis, and conditions, please refer to Applicants' amended application, dated 
                    <PRTPAGE P="43139"/>
                    July 7, 2026, which may be obtained via the Commission's website by searching for the file number at the top of this document, or for an Applicant using the Company name search field on the SEC's EDGAR system. The SEC's EDGAR system may be searched at 
                    <E T="03">https://www.sec.gov/search-filings.</E>
                     You may also call the SEC's Office of Investor Education and Assistance at (202) 551-8090.
                </P>
                <SIG>
                    <P>For the Commission, by the Division of Investment Management, under delegated authority.</P>
                    <NAME>Sherry R. Haywood,</NAME>
                    <TITLE>Assistant Secretary.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-14091 Filed 7-13-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 8011-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">SECURITIES AND EXCHANGE COMMISSION</AGENCY>
                <DEPDOC>[Release No. 34-105871; File No. SR-ICC-2026-002]</DEPDOC>
                <SUBJECT>Self-Regulatory Organizations; ICE Clear Credit LLC; Notice of Designation of Longer Period for Commission Action on Proposed Rule Change Relating to the Treasury Clearing Rules and Treasury Clearing Service Treasury Operations Policies and Liquidity Risk Management Framework</SUBJECT>
                <DATE>July 9, 2026.</DATE>
                <P>
                    On May 7, 2026, pursuant to Section 19(b) of the Securities Exchange Act of 1934 (“Exchange Act”) 
                    <SU>1</SU>
                    <FTREF/>
                     and Rule 19b-4 
                    <SU>2</SU>
                    <FTREF/>
                     thereunder, ICE Clear Credit LLC (“ICC” or “ICE Clear Credit”), filed with the Securities and Exchange Commission (“Commission”) the proposed rule change SR-ICC-2026-002 revising certain documentation governing ICC's Treasury clearing service, including the Treasury Clearing Rules, Treasury Clearing Service Liquidity Risk Management Framework, and Treasury Clearing Service Treasury Operations Policies and Procedures (the “Proposed Rule Change”). The Proposed Rule Change was published for public comment in the 
                    <E T="04">Federal Register</E>
                     on May 26, 2026.
                    <SU>3</SU>
                    <FTREF/>
                     The Commission has received comments regarding the proposal described in the Proposed Rule Change.
                    <SU>4</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         15 U.S.C. 78s(b)(1).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         17 CFR 240.19b-4.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         Notice of Filing of Proposed Rule Change Relating to the Treasury Clearing Rules and Treasury Clearing Service Treasury Operations Policies and Liquidity Risk Management Framework, Exchange Act Release No. 34-105526 (May 20, 2026), 91 FR 30751 (May 26, 2026) (SR-ICC-2026-002) (“Notice”).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         Public comments are available at 
                        <E T="03">https://www.sec.gov/rules-regulations/public-comments/sr-icc-2026-002.</E>
                    </P>
                </FTNT>
                <P>
                    Section 19(b)(2) of the Exchange Act 
                    <SU>5</SU>
                    <FTREF/>
                     provides that, within 45 days of the publication of notice of the filing of a proposed rule change, or within such longer period up to 90 days as the Commission may designate if it finds such longer period to be appropriate and publishes its reasons for so finding, or as to which the self-regulatory organization consents, the Commission shall either approve the proposed rule change, disapprove the proposed rule change, or institute proceedings to determine whether the proposed rule change should be disapproved. The 45th day after publication of the Notice is July 10, 2026. The Commission is extending this 45-day time period.
                </P>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         15 U.S.C. 78s(b)(2).
                    </P>
                </FTNT>
                <P>In order to provide the Commission with sufficient time to consider the Proposed Rule Change, the Commission finds that it is appropriate to designate a longer period within which to take action on the Proposed Rule Change.</P>
                <P>
                    Accordingly, the Commission, pursuant to Section 19(b)(2) of the Exchange Act,
                    <SU>6</SU>
                    <FTREF/>
                     designates August 24, 2026, as the date by which the Commission shall either approve, disapprove, or institute proceedings to determine whether to disapprove proposed rule change SR-ICC-2026-002.
                </P>
                <FTNT>
                    <P>
                        <SU>6</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <SIG>
                    <P>
                        For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.
                        <SU>7</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>7</SU>
                             17 CFR 200.30-3(a)(31).
                        </P>
                    </FTNT>
                    <NAME>Sherry R. Haywood,</NAME>
                    <TITLE>Assistant Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2026-14103 Filed 7-13-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 8011-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">SECURITIES AND EXCHANGE COMMISSION</AGENCY>
                <DEPDOC>[Release No. 34-105869; File No. SR-PEARL-2026-31]</DEPDOC>
                <SUBJECT>Self-Regulatory Organizations; MIAX PEARL, LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend the Quarterly Review of Priority Customer Orders</SUBJECT>
                <DATE>July 9, 2026.</DATE>
                <P>
                    Pursuant to 19(b)(1) of the Securities Exchange Act of 1934 (“Act” or “Exchange Act”) 
                    <SU>1</SU>
                    <FTREF/>
                     and Rule 19b-4 thereunder,
                    <SU>2</SU>
                    <FTREF/>
                     notice is hereby given that on June 26, 2026, MIAX PEARL, LLC (“MIAX Pearl” or “Exchange”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I and II below, which Items have been prepared by the Exchange. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons.
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         15 U.S.C. 78s(b)(1).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         17 CFR 240.19b-4.
                    </P>
                </FTNT>
                <HD SOURCE="HD1">I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change</HD>
                <P>The Exchange proposes to amend the quarterly review of Priority Customer Orders.</P>
                <P>
                    The text of the proposed rule change is available on the Exchange's website at 
                    <E T="03">https://www.miaxglobal.com/markets/us-options/pearl-options/rule-filings</E>
                     and at the Exchange's principal office.
                </P>
                <HD SOURCE="HD1">II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change</HD>
                <P>In its filing with the Commission, the Exchange included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in sections A, B, and C below, of the most significant aspects of such statements.</P>
                <HD SOURCE="HD2">A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change</HD>
                <HD SOURCE="HD3">1. Purpose</HD>
                <P>
                    The Exchange proposes to amend the quarterly review of Priority Customer Orders.
                    <SU>3</SU>
                    <FTREF/>
                     Under Exchange Rule 100, Members 
                    <SU>4</SU>
                    <FTREF/>
                     are required to properly represent orders entered on the Exchange. Today, a person or entity shall mark orders as Priority Customer Orders if this person or entity (i) is not a broker or dealer in securities, and (ii) does not place more than 390 orders in listed options per day on average during a calendar month for its own beneficial account(s).
                    <SU>5</SU>
                    <FTREF/>
                     Orders for any account that 
                    <PRTPAGE P="43140"/>
                    is not a broker or dealer and had an average of more than 390 orders per day during any month of a calendar quarter must represent that such orders are for the account of a non-Priority Customer.
                    <SU>6</SU>
                    <FTREF/>
                     In order to properly represent orders entered on the Exchange, Members are required to conduct a quarterly review and make any appropriate changes to the way in which they are representing orders within five days after the end of each calendar quarter.
                    <SU>7</SU>
                    <FTREF/>
                     While Members are required to designate accounts on a quarterly basis, if during a quarter the Exchange identifies a customer for which orders are being represented as Priority Customer Orders but that has averaged more than 390 orders per day during a month, the Exchange must notify the Member and the Member is required to change the manner in which it is representing the customer's orders within five days.
                    <SU>8</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         The term “Priority Customer Order” means an order for the account of a Priority Customer. 
                        <E T="03">See</E>
                         Exchange Rule 100.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         The term “Member” means an individual or organization approved to exercise the trading rights associated with a Trading Permit. Members are deemed “members” under the Exchange Act. 
                        <E T="03">See</E>
                         Exchange Rule 100.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         The term “Priority Customer” means a person or entity that (i) is not a broker or dealer in 
                        <PRTPAGE/>
                        securities, and (ii) does not place more than 390 orders in listed options per day on average during a calendar month for its own beneficial account(s). The number of orders shall be counted in accordance with Interpretation and Policy .01 thereto. 
                        <E T="03">See</E>
                         Exchange Rule 100.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>6</SU>
                         The requirement to review Priority Customers' activity on at least a quarterly basis to determine whether orders that are not for the account of a broker-dealer should be represented as Priority Customer is not in the current rule text, however it was an industry requirement and was described in the adopting proposals filed by the other options exchanges. 
                        <E T="03">See, e.g.,</E>
                         Securities Exchange Act Release Nos. 77853 (May 19, 2016), 81 FR 33301 (May 25, 2016) (SR-MIAX-2016-11) (Notice of Filing and Immediate Effectiveness of Proposed Rule Change to To Amend Exchange Rule 100 Concerning Professional Customers); 78788 (September 8, 2016), 81 FR 63252 (September 14, 2016) (SR-ISE-2016-19) (Notice of Filing and Immediate Effectiveness of Proposed Rule Change to Add Specificity to the Definition of a Professional in the Exchange's Rules); 77054 (February 4, 2016), 81 FR 7166 (February 10, 2016) (SR-Phlx-2016-10) (Notice of Filing of Proposed Rule Change Relating to Professional Customer Definition). The instant proposal seeks to codify the timing for review of customers' activities. The Exchange notes that the term “non-Priority Customer” is not defined in the Exchange Rulebook. The Exchange notes that a non-Priority Customer (
                        <E T="03">i.e.,</E>
                         a customer that places more than 390 orders in listed options per day on average during a calendar month and is not a broker-dealer) can be classified as a Public Customer. The term “Public Customer” means a person that is not a broker or dealer in securities. 
                        <E T="03">See</E>
                         Exchange Rule 100.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>7</SU>
                         
                        <E T="03">See id.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>8</SU>
                         
                        <E T="03">See id.</E>
                    </P>
                </FTNT>
                <HD SOURCE="HD3">Proposal</HD>
                <P>At this time, the Exchange proposes to shorten the quarterly review and designation to a monthly review. The Exchange proposes to add new Interpretation and Policy .02 under the current definition for “Priority Customer” in Exchange Rule 100 to provide that orders for the account of a person or entity that is not a broker or dealer and had an average of more than 390 orders per day during any calendar month must represent that such orders are for the account of a non-Priority Customer for the next calendar month. Further, proposed Interpretation and Policy .02 will provide that Members will be required to conduct a monthly review and make any appropriate changes to the way in which they are representing orders within five days after the end of each calendar month.</P>
                <P>As noted, currently, Members are required to monitor their customer activity to determine if the customer has averaged more than 390 orders per day during a month. Determining whether a customer has executed more than 390 orders per day during a month requires computing a daily average. As such, Members should be performing the workflow necessary to designate orders on a daily basis. Therefore, the proposal does not amend the current workflow, rather, the proposal amends the timeframe to change the manner in which the customer's order is being represented from five days after the end of each calendar quarter to five days after the end of each calendar month.</P>
                <P>
                    The Exchange does not believe that this amendment is a significant departure from the current rule, nor does it impose any burden on any Member because each broker-dealer is required currently to perform the necessary calculation daily to arrive at the requisite average. Further, in addition to the calculation, broker-dealers are subject to know-your-customer and suitability requirements under FINRA Rules 2090 (Know Your Customer) and 2111 (Suitability) and would need to consider whether a customer meets the professional designation for purposes of determining best execution and making appropriate recommendations. The Exchange notes that the trading behavior of a Priority Customer can be distinguished from that of a professional (
                    <E T="03">i.e.,</E>
                     non-Priority Customer) trader which is the purpose of the separate designations. Finally, some Members currently monitor their customer activity and make any appropriate changes to the way in which they are representing orders on a more expedited basis, not waiting until five days after the quarter.
                </P>
                <P>The Exchange believes that a calendar month is a sufficient time period to determine whether the activity of a customer meets the criteria for their orders to be classified as Priority Customer Orders. The Exchange believes that the shortened time period will ensure that the spirit of the designation of accounts is met in that Members will make any appropriate changes to the way in which they are representing orders in a 30-day timeframe as opposed to a 90-day timeframe, thereby ensuring the designation is applied in a more expeditious manner.</P>
                <P>
                    The Exchange continues to believe that identifying which type of account the orders are placed for based upon the average number of orders entered in qualified accounts is an appropriate and objective approach to reasonably distinguish such persons and entities from retail investors or market participants. The Exchange notes that other options exchanges proposed similar changes as described herein.
                    <SU>9</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>9</SU>
                         
                        <E T="03">See, e.g.,</E>
                         Securities Exchange Act Release No. 105218 (April, 13, 2026), 91 FR 20542 (April 16, 2026) (SR-ISE-2026-16). The Exchange notes that Exchange Rules do not have a definition for Professional Orders, which differs from Nasdaq ISE, LLC (“ISE”) Rules, but the Exchange's proposal is still substantively similar to the proposal filed by ISE, because the Exchange and ISE have the substantively similar definition for Priority Customer, and the Exchange's proposal, similar to the proposal filed by ISE, requires Members to conduct a monthly review and make any appropriate changes to the way in which they are representing orders within five days after the end of each calendar month. Even though the Exchange Rulebook does not define Professional Orders, any accounts that place more than 390 orders per day on average during any calendar month will not be treated the same as Priority Customers, which is substantively similar to ISE. 
                        <E T="03">See</E>
                         Exchange Rule 100; 
                        <E T="03">see also</E>
                         ISE Rules, Options 1, Section 1, subparagraphs (a)(38) and (40), 
                        <E T="03">available at</E>
                          
                        <E T="03">https://listingcenter.nasdaq.com/rulebook/ise/rules/ISE%20Options%201</E>
                         (last visited June 4, 2026).
                    </P>
                </FTNT>
                <HD SOURCE="HD3">Implementation</HD>
                <P>The Exchange proposes implementing this rule change on July 1, 2026. The Exchange will issue a Regulatory Circular to provide notice to Members of the effective date of the proposed change.</P>
                <HD SOURCE="HD3">2. Statutory Basis</HD>
                <P>
                    The Exchange believes that the proposed rule change is consistent with Section 6(b) of the Act,
                    <SU>10</SU>
                    <FTREF/>
                     in general, and furthers the objectives of Section 6(b)(5) of the Act,
                    <SU>11</SU>
                    <FTREF/>
                     in particular, in that it is designed to promote just and equitable principles of trade, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general to protect investors and the public interest.
                </P>
                <FTNT>
                    <P>
                        <SU>10</SU>
                         15 U.S.C. 78f(b).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>11</SU>
                         15 U.S.C. 78f(b)(5).
                    </P>
                </FTNT>
                <P>
                    The Exchange's proposal to shorten the quarterly look-back to a monthly look-back is consistent with the Act because it will ensure that the spirit of the designation of accounts continues to be met, only on a more expedited basis—removing a potential delay of two months before affecting a change in the designation. The Exchange believes 
                    <PRTPAGE P="43141"/>
                    that this amendment will remove impediments to and perfect the mechanism of a free and open market and a national market system by promoting the consistent application of its rules and shortening the timeframe to change the designation for all Members while continuing to provide a sufficient time period to determine whether the activity of a customer meets the criteria for their orders to be classified as Priority Customer Orders. Further, the Exchange believes that the shortened time period will continue to promote consistency in the treatment of orders while also preventing Members with high volume from receiving benefits reserved for Priority Customer Orders.
                </P>
                <P>As noted, currently, Members are required to monitor their customer activity to determine if the customer has averaged more than 390 orders per day during a month. Determining whether a customer has executed more than 390 orders per day during a month requires computing a daily average. As such, Members should be performing the workflow necessary to designate orders on a daily basis. Therefore, the proposal does not amend the current workflow, rather, the proposal amends the timeframe to change the manner in which the customer's order is being represented from five days after the end of each calendar quarter to five days after the end of each calendar month.</P>
                <P>
                    The Exchange does not believe that this amendment is a significant departure from the current rule, nor does it impose any burden on any Member because each broker-dealer is required currently to perform the necessary calculation daily to arrive at the requisite average. Further, in addition to the calculation, broker-dealers are subject to know-your-customer and suitability requirements under FINRA Rules 2090 (Know Your Customer) and 2111 (Suitability) and would need to consider whether a customer meets the professional designation for purposes of determining best execution and making appropriate recommendations. Finally, some Members currently monitor their customer activity and make any appropriate changes to the way in which they are representing orders on a more expedited basis, not waiting until five days after the quarter. The Exchange notes that the trading behavior of a Priority Customer can be distinguished from that of a professional trader which is the purpose of the separate designations. The Exchange continues to believe that identifying which type of the account the orders are placed for based upon the average number of orders entered in qualified accounts is an appropriately objective approach to reasonably distinguish such persons and entities from retail investors or market participants. In general, a couple marketplace advantages afforded to Priority Customer Orders on the Exchange is that Members are typically not assessed transaction fees or are assessed lower fees for the execution of Priority Customer Orders or are provided higher rebates compared to orders from other market participants.
                    <SU>12</SU>
                    <FTREF/>
                     The purpose of these marketplace advantages is to attract retail order flow to the Exchange by leveling the playing field for retail investors relative to market professionals. This proposal will continue to provide Priority Customers with marketplace advantages and distinguish those accounts of retail investors from the accounts for professional traders. The Exchange notes that some non-broker-dealer individuals and entities have access to information and technology that enables them to professionally trade listed options in the same manner as a broker or dealer in securities. Further, other options exchanges proposed making similar changes as described herein.
                    <SU>13</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>12</SU>
                         
                        <E T="03">See, generally,</E>
                         MIAX Pearl Options Exchange Fee Schedule, Section (1)(a).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>13</SU>
                         
                        <E T="03">See, e.g.,</E>
                          
                        <E T="03">supra</E>
                         note 9.
                    </P>
                </FTNT>
                <HD SOURCE="HD2">B. Self-Regulatory Organization's Statement on Burden on Competition</HD>
                <P>The Exchange does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act.</P>
                <HD SOURCE="HD3">Intramarket Competition</HD>
                <P>The Exchange believes the proposed rule change does not impose any burden on intramarket competition because, today, Members are required to monitor their customers' activity to determine if the customer has averaged more than 390 orders per day during a month. Determining whether a customer has executed more than 390 orders per day during a month requires computing a daily average. As such, Members should be performing the workflow necessary to designate orders on a daily basis. Therefore, the proposal does not amend the current workflow, rather, the proposal amends the timeframe to change the manner in which the customer's order is being represented from five days after the end of each calendar quarter to five days after the end of each calendar month.</P>
                <P>The Exchange does not believe that this amendment is a significant departure from the current rule, nor does it impose any burden on any Member because each broker-dealer is required currently to perform the necessary calculation daily to arrive at the requisite average. Further, in addition to the calculation, broker-dealers are subject to know-your-customer and suitability requirements under FINRA Rules 2090 (Know Your Customer) and 2111 (Suitability) and would need to consider whether a customer meets the professional designation for purposes of determining best execution and making appropriate recommendations. Finally, some Members currently monitor their customer activity and make any appropriate changes to the way in which they are representing orders on a more expedited basis, not waiting until five days after the quarter. The Exchange notes that the trading behavior of a Priority Customer can be distinguished from that of a professional trader which is the purpose of the separate designations.</P>
                <P>Further, the designation of orders would not result in any different treatment of such orders for purposes of compliance with the Exchange's Rules. Priority Customers have been granted certain marketplace advantages over other non-broker-dealer individuals and entities that have access to information and technology that enables them to professionally trade listed options in the same manner as a broker or dealer in securities. Further, the Priority Customer designation allows the Exchange to attract order flow or create more competitive markets.</P>
                <HD SOURCE="HD3">Intermarket Competition</HD>
                <P>
                    The Exchange believes the proposed rule change does not impose any burden on intermarket competition because other exchanges are expected to adopt similar rules.
                    <SU>14</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>14</SU>
                         
                        <E T="03">See, e.g., supra</E>
                         note 9.
                    </P>
                </FTNT>
                <HD SOURCE="HD2">C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others</HD>
                <P>Written comments were neither solicited nor received.</P>
                <HD SOURCE="HD1">III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action</HD>
                <P>
                    Because the foregoing proposed rule change does not (i) significantly affect the protection of investors or the public interest; (ii) impose any significant burden on competition; and (iii) become operative for 30 days after the date of the filing, or such shorter time as the Commission may designate, it has 
                    <PRTPAGE P="43142"/>
                    become effective pursuant to Section 19(b)(3)(A)(iii) of the Act 
                    <SU>15</SU>
                    <FTREF/>
                     and subparagraph (f)(6) of Rule 19b-4 thereunder.
                    <SU>16</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>15</SU>
                         15 U.S.C. 78s(b)(3)(A).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>16</SU>
                         17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6) requires a self-regulatory organization to give the Commission written notice of its intent to file the proposed rule change, along with a brief description and text of the proposed rule change, at least five business days prior to the date of filing of the proposed rule change, or such shorter time as designated by the Commission. The Exchange has satisfied this requirement.
                    </P>
                </FTNT>
                <P>
                    A proposed rule change filed under Rule 19b-4(f)(6) 
                    <SU>17</SU>
                    <FTREF/>
                     normally does not become operative prior to 30 days after the date of the filing. However, pursuant to Rule 19b-4(f)(6)(iii),
                    <SU>18</SU>
                    <FTREF/>
                     the Commission may designate a shorter time if such action is consistent with the protection of investors and the public interest. The Exchange requested that the Commission waive the 30-day operative delay so that the proposal may become operative immediately upon filing. The Exchange states that the proposed rule change is substantially similar to the rules of another national securities exchange and will ensure fair competition among the exchanges by allowing the Exchange to shorten the quarterly review and designation to a monthly review of Members to determine whether the activity of a customer meets the criteria for the orders to be designated as Priority Customer Orders. For these reasons, and because the proposed rule change raises no new or novel legal or regulatory issues, the Commission finds that waiver of the operative delay is consistent with the protection of investors and the public interest. Accordingly, the Commission waives the 30-day operative delay and designates the proposed rule change to be operative upon filing.
                    <SU>19</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>17</SU>
                         17 CFR 240.19b-4(f)(6).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>18</SU>
                         17 CFR 240.19b-4(f)(6)(iii).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>19</SU>
                         For purposes only of waiving the 30-day operative delay, the Commission has considered the proposed rule's impact on efficiency, competition, and capital formation. 
                        <E T="03">See</E>
                         15 U.S.C. 78c(f).
                    </P>
                </FTNT>
                <P>
                    At any time within 60 days of the filing of such proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. If the Commission takes such action, the Commission shall institute proceedings under Section 19(b)(2)(B) 
                    <SU>20</SU>
                    <FTREF/>
                     of the Act to determine whether the proposed rule change should be approved or disapproved.
                </P>
                <FTNT>
                    <P>
                        <SU>20</SU>
                         15 U.S.C. 78s(B)(2)(B).
                    </P>
                </FTNT>
                <HD SOURCE="HD1">IV. Solicitation of Comments</HD>
                <P>Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods:</P>
                <HD SOURCE="HD2">Electronic Comments</HD>
                <P>
                    • Use the Commission's internet comment form (
                    <E T="03">http://www.sec.gov/rules/sro.shtml</E>
                    ); or
                </P>
                <P>
                    • Send an email 
                    <E T="03">to rule-comments@sec.gov.</E>
                     Please include File Number SR-PEARL-2026-31 on the subject line.
                </P>
                <HD SOURCE="HD2">Paper Comments</HD>
                <P>• Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.</P>
                <FP>
                    All submissions should refer to file number SR-PEARL-2026-31. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's internet website (
                    <E T="03">https://www.sec.gov/rules/sro.shtml</E>
                    ). Copies of the filing will be available for inspection and copying at the principal office of the Exchange. Do not include personal identifiable information in submissions; you should submit only information that you wish to make available publicly. We may redact in part or withhold entirely from publication submitted material that is obscene or subject to copyright protection.
                </FP>
                <P>All submissions should refer to file number SR-PEARL-2026-31 and should be submitted on or before August 4, 2026.</P>
                <SIG>
                    <P>
                        For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.
                        <SU>21</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>21</SU>
                             17 CFR 200.30-3(a)(12) and (59).
                        </P>
                    </FTNT>
                    <NAME>Sherry R. Haywood,</NAME>
                    <TITLE>Assistant Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2026-14101 Filed 7-13-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 8011-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">SUSQUEHANNA RIVER BASIN COMMISSION</AGENCY>
                <SUBJECT>Projects Approved for Consumptive Uses of Water</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Susquehanna River Basin Commission.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        This notice lists Approvals by Rule for projects by the Susquehanna River Basin Commission during the period set forth in 
                        <E T="02">DATES</E>
                        .
                    </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>June 1-30, 2026.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>Susquehanna River Basin Commission, 4423 North Front Street, Harrisburg, PA 17110-1788.</P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Jason E. Oyler, General Counsel and Secretary to the Commission, telephone: (717) 238-0423, ext. 1312; fax: (717) 238-2436; email: 
                        <E T="03">joyler@srbc.gov.</E>
                         Regular mail inquiries may be sent to the above address.
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>This notice lists the projects, described below, receiving approval for the consumptive use of water pursuant to the Commission's approval by rule process set forth in 18 CFR 806.22 (e) and (f) for the time period specified above. </P>
                <P>
                    <E T="03">Approvals By Rule—Issued Under 18 CFR 806.22(e)</E>
                </P>
                <P>1. Pennsylvania College of Technology; ABR-202606003; Williamsport City, Lycoming County, Pa.; Consumptive Use of Up to 0.0630 mgd; Approval Date: June 15, 2026.</P>
                <P>2. KettleWorks, LLC; ABR-202606005; East Lampeter Township, Lancaster County, Pa.; Consumptive Use of Up to 0.0990 mgd; Approval Date: June 30, 2026.</P>
                <P>
                    <E T="03">Approvals by Rule—Issued Under 18 CFR 806.22(f)</E>
                </P>
                <P>1. RENEWAL—Seneca Resources Company, LLC; Pad ID: Butler 853; ABR-201103037.R3; Middlebury Township, Tioga County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: June 8, 2026.</P>
                <P>2. RENEWAL—Seneca Resources Company, LLC; Pad ID: Cole 495; ABR-201102016.R3; Richmond Township, Tioga County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: June 8, 2026.</P>
                <P>3. RENEWAL—Seneca Resources Company, LLC; Pad ID: D16-BB; ABR-201103028.R3; Lawrence Township, Clearfield County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: June 8, 2026.</P>
                <P>4. RENEWAL—Seneca Resources Company, LLC; Pad ID: D17-COP-O; ABR-201103030.R3; Lawrence Township, Clearfield County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: June 8, 2026.</P>
                <P>5. RENEWAL—Seneca Resources Company, LLC; Pad ID: DCNR 595 PAD C; ABR-201103047.R3; Bloss Township, Tioga County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: June 8, 2026.</P>
                <P>
                    6. RENEWAL—Seneca Resources Company, LLC; Pad ID: MY TB INV LLC 891; ABR-201102010.R3; Deerfield 
                    <PRTPAGE P="43143"/>
                    Township, Tioga County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: June 8, 2026.
                </P>
                <P>7. RENEWAL—Seneca Resources Company, LLC; Pad ID: Peffer-Strong 483; ABR-202103001.R1; Sullivan Township, Tioga County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: June 8, 2026.</P>
                <P>8. RENEWAL—Seneca Resources Company, LLC; Pad ID: Wilson 283; ABR-201012048.R3; Charleston Township, Tioga County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: June 8, 2026.</P>
                <P>9. Pennsylvania General Energy Company, L.L.C.; Pad ID: Hazlak Pad; ABR-202606001; Shrewsbury Township, Lycoming County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: June 15, 2026.</P>
                <P>10. Coterra Energy Inc.; Pad ID: MeadB P2; ABR-202606002; Bridgewater Township, Susquehanna County, Pa.; Consumptive Use of Up to 6.5000 mgd; Approval Date: June 23, 2026.</P>
                <P>11. RENEWAL—Coterra Energy Inc.; Pad ID: Augustine P1; ABR-201105002.R3; Springville Township, Susquehanna County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: June 23, 2026.</P>
                <P>12. RENEWAL—Coterra Energy Inc.; Pad ID: KrisuleviczV P1; ABR-201102027.R3; Auburn Township, Susquehanna County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: June 23, 2026.</P>
                <P>13. RENEWAL—Diversified Production LLC; Pad ID: Phoenix R; ABR-201011057.R3; Duncan Township, Tioga County, Pa.; Consumptive Use of Up to 3.0000 mgd; Approval Date: June 23, 2026.</P>
                <P>14. RENEWAL—Expand Operating LLC; Pad ID: TI-14 Connolly A Pad; ABR-201511006.R2; Liberty Township, Tioga County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: June 23, 2026.</P>
                <P>15. RENEWAL—Expand Operating LLC; Pad ID: TI-19 Connolly B—Pad; ABR-201511007.R2; Liberty Township, Tioga County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: June 23, 2026.</P>
                <P>16. RENEWAL—Seneca Resources Company, LLC; Pad ID: Watkins 820; ABR-201106011.R3; Chatham Township, Tioga County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: June 23, 2026.</P>
                <P>17. RENEWAL—Expand Operating LLC; Pad ID: GB; ABR-201106007.R3; Rush Township, Susquehanna County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: June 26, 2026.</P>
                <P>18. RENEWAL—Expand Operating LLC; Pad ID: Polovitch West Drilling Pad #1; ABR-201104025.R3; Nicholson Township, Wyoming County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: June 26, 2026.</P>
                <P>19. RENEWAL—Expand Operating LLC; Pad ID: Quail; ABR-201106018.R3; Fox Township, Sullivan County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: June 26, 2026.</P>
                <P>20. RENEWAL—Expand Operating LLC; Pad ID: Wootten; ABR-201106016.R3; Mehoopany Township, Wyoming County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: June 26, 2026.</P>
                <P>21. RENEWAL—Seneca Resources Company, LLC; Pad ID: Knowlton 303; ABR-201101007.R3; Charleston Township, Tioga County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: June 26, 2026.</P>
                <P>
                    <E T="03">Authority:</E>
                     Public Law 91-575, 84 Stat. 1509 
                    <E T="03">et seq.,</E>
                     18 CFR parts 806 and 808.
                </P>
                <SIG>
                    <DATED>Dated: July 10, 2026.</DATED>
                    <NAME>Jason E. Oyler,</NAME>
                    <TITLE>General Counsel and Secretary to the Commission.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-14151 Filed 7-13-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 7040-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">SUSQUEHANNA RIVER BASIN COMMISSION</AGENCY>
                <SUBJECT>Minor Modification Approval</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Susquehanna River Basin Commission.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        This notice lists the minor modifications approved for previously approved projects by the Susquehanna River Basin Commission during the period set forth in 
                        <E T="02">DATES</E>
                        .
                    </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>June 1-30, 2026.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>Susquehanna River Basin Commission, 4423 North Front Street, Harrisburg, PA 17110-1788.</P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Jason E. Oyler, General Counsel and Secretary to the Commission, telephone: (717) 238-0423, ext. 1312; fax (717) 238-2436; email: 
                        <E T="03">joyler@srbc.gov.</E>
                         Regular mail inquiries may be sent to the above address.
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>This notice lists previously approved projects, receiving approval of minor modification or a corrective modification, described below, pursuant to 18 CFR 806.18 or to Commission Resolution Nos. 2013-11 and 2015-06, for the time period specified above.</P>
                <P>1. Chobani, LLC—Well 4, Docket No. 20260614, Town of Columbus, Chenango County, NY; modification approval to add a source of water for consumptive use; Approval Date: June 25, 2026.</P>
                <P>
                    <E T="03">Authority:</E>
                     Public Law 91-575, 84 Stat. 1509 
                    <E T="03">et seq.,</E>
                     18 CFR parts 806 and 808.
                </P>
                <SIG>
                    <DATED>Dated: July 10, 2026.</DATED>
                    <NAME>Jason E. Oyler,</NAME>
                    <TITLE>General Counsel and Secretary to the Commission.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-14152 Filed 7-13-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 7040-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">SUSQUEHANNA RIVER BASIN COMMISSION</AGENCY>
                <SUBJECT>Grandfathering Registration Notice</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Susquehanna River Basin Commission.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        This notice lists Grandfathering Registration for projects by the Susquehanna River Basin Commission during the period set forth in 
                        <E T="02">DATES</E>
                        .
                    </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>June 1-30, 2026.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>Susquehanna River Basin Commission, 4423 North Front Street, Harrisburg, PA 17110-1788.</P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Jason E. Oyler, General Counsel and Secretary to the Commission, telephone: (717) 238-0423, ext. 1312; fax: (717) 238-2436; email: 
                        <E T="03">joyler@srbc.gov.</E>
                         Regular mail inquiries may be sent to the above address.
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>This notice lists GF Registration for projects, described below, pursuant to 18 CFR part 806, subpart E, for the time period specified above:</P>
                <P>1. Sterman Masser, Inc., GF Certificate No. GF-202606314, Various Municipalities and Counties, Pa.; see Addendum; Issue Date: June 23, 2026.</P>
                <P>2. Heidelberg Materials Northeast LLC—Curtin Gap Quarry, GF Certificate No. GF-202606315, Marion Township, Centre County, Pa.; Quarry Sump and consumptive use; Issue Date: June 23, 2026.</P>
                <P>3. Corelle Brands LLC—Pressware Plant, GF Certificate No. GF-202606316, City of Corning, Steuben County, N.Y.; consumptive use; Issue Date: June 23, 2026.</P>
                <AUTH>
                    <HD SOURCE="HED">
                        <E T="03">Authority:</E>
                    </HD>
                    <P>
                         Public Law 91-575, 84 Stat. 1509 
                        <E T="03">et seq.,</E>
                         18 CFR parts 806 and 808.
                    </P>
                </AUTH>
                <SIG>
                    <DATED>Dated: July 10, 2026.</DATED>
                    <NAME>Jason E. Oyler,</NAME>
                    <TITLE>General Counsel and Secretary to the Commission.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-14150 Filed 7-13-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 7040-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <PRTPAGE P="43144"/>
                <AGENCY TYPE="N">DEPARTMENT OF TRANSPORTATION</AGENCY>
                <SUBAGY>Federal Aviation Administration</SUBAGY>
                <DEPDOC>[Docket No. FAA-2026-6968]</DEPDOC>
                <SUBJECT>Notice of Availability, Notice of Public Comment Period, and Request for Comment on the Draft Tiered Environmental Assessment for SpaceX Starship Reentry Contingency Operations in the Pacific Ocean and Additional Starship Landing Trajectory</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Aviation Administration (FAA), Department of Transportation (DOT).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of availability and public comment period.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        In accordance with the National Environmental Policy Act of 1969, as amended (NEPA), DOT Order 5610.1D, 
                        <E T="03">DOT's Procedures for Considering Environmental Impacts,</E>
                         and FAA Order 1050.1G, 
                        <E T="03">FAA National Environmental Policy Act Implementing Procedures,</E>
                         the FAA is announcing the availability of and requesting comment on the Draft Tiered Environmental Assessment for SpaceX Starship Reentry Contingency Operations in the Pacific Ocean and Additional Starship Landing Trajectory (Draft Tiered EA).
                    </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>The public comment period for the Draft Tiered EA will close on July 27, 2026.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        The Draft Tiered EA is available for public review at 
                        <E T="03">https://www.faa.gov/space/stakeholder_engagement/spacex_starship.</E>
                    </P>
                    <P>
                        Public comments can be submitted electronically to 
                        <E T="03">www.regulations.gov</E>
                         under Docket No. FAA-2026-6968, or by postal mail to Ms. Amy Hanson, c/o ICF, 1902 Reston Metro Plaza, Reston, VA 20190.
                    </P>
                    <P>The Unique ID for this document is EAXX-021-12-000-1781778641.</P>
                    <P>
                        For more information visit: 
                        <E T="03">https://www.faa.gov/space/stakeholder_engagement/spacex_starship.</E>
                    </P>
                </ADD>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>The FAA is the lead federal agency, and the National Aeronautics and Space Administration (NASA) and the U.S. Coast Guard (USCG) are cooperating agencies due to their special expertise and/or regulatory jurisdiction. Under the Proposed Action, the FAA is evaluating SpaceX's proposal to modify its existing vehicle operator license to authorize the expenditure of the Starship vehicle in additional downrange contingency landing areas within the Pacific Ocean. Specifically, the license modification would permit contingency landings in a newly designated Northern Pacific Contingency Landing Area as well as authorize the expansion of two previously evaluated contingency landing locations: (1) Hawaii and Central Pacific Ocean Contingency Landing Area and (2) Southeast (SE) Pacific Contingency Landing Area. The Draft Tiered EA also evaluates the potential environmental impacts associated with FAA's approval of related airspace closures.</P>
                <P>
                    The Draft TEA has been posted, and comments will be received through the Federal E-Rulemaking Portal: 
                    <E T="03">http://www.regulations.gov.</E>
                     Search for Docket No. FAA-2026-6968 to retrieve the docket and follow the instructions to submit a comment.
                </P>
                <P>Before including your address, phone number, email address, or other personal identifying information in your comment, be advised that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask the FAA in your comment to withhold from public review your personal identifying information, the FAA cannot guarantee that we will be able to do so. All comments received during the comment period will be given equal weight and be taken into consideration in the preparation of the Final Tiered EA.</P>
                <SIG>
                    <DATED>Dated: July 10, 2026.</DATED>
                    <NAME>Stacey Molinich Zee,</NAME>
                    <TITLE>Manager, Operations Support Branch.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-14148 Filed 7-13-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4910-13-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION</AGENCY>
                <SUBAGY>Federal Aviation Administration</SUBAGY>
                <SUBJECT>Operating Limitations at Chicago O'Hare International Airport</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Department of Transportation, Federal Aviation Administration (FAA).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Extension to order.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This action extends the April 20, 2026, order limiting the number of scheduled aircraft operations at Chicago O'Hare International Airport (ORD) through October 30, 2027.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>This action is effective on October 25, 2026.</P>
                </DATES>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    On April 20, 2026, FAA issued a final order limiting operations at ORD (“the ORD Order”).
                    <SU>1</SU>
                    <FTREF/>
                     The ORD Order is scheduled to expire on October 24, 2026. The construction projects and adjustments on the airfield necessitating the Order are expected to continue through Summer 2027, which will continue to limit airport capacity and impact airport operations. FAA finds that significant delay and operational disruption would occur at ORD if the ORD Order were to expire as originally scheduled. Under the authority provided to the Secretary of Transportation and the FAA Administrator by 49 U.S.C. 40101, 40103, 40113, and 41722, FAA extends the ORD Order until October 30, 2027.
                    <SU>2</SU>
                    <FTREF/>
                     This Order takes effect on October 25, 2026, and expires on October 30, 2027. Any authorized scheduled timing not used during the remainder of the Winter 2026/2027 and Summer 2027 Scheduling Seasons will not be prioritized for the purposes of establishing an operational baseline for the next corresponding season unless the carrier notifies FAA of a request for prioritization. The authority for the ORD Order and terms and conditions contained in the ORD Order remain in force and affect.
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         
                        <E T="03">See</E>
                         Operating Limitations at Chicago O'Hare International Airport, Order Establishing Scheduling Limits, 91 FR 21071 (April 20, 2026), as amended on April 27, 2026, 91 FR 22573.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         FAA finds that notice and comment procedures under 5 U.S.C. 553(b) are impracticable, unnecessary, and contrary to the public interest, as no significant substantive changes are included in this action.
                    </P>
                </FTNT>
                <SIG>
                    <DATED>Issued in Washington, DC, on July 10, 2026.</DATED>
                    <NAME>Bryan Bedford,</NAME>
                    <TITLE>Administrator.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-14147 Filed 7-10-26; 4:15 pm]</FRDOC>
            <BILCOD>BILLING CODE 4910-13-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION</AGENCY>
                <SUBAGY>Pipeline and Hazardous Materials Safety Administration</SUBAGY>
                <SUBJECT>Hazardous Materials: Notice of Applications for Modification to Special Permits</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>List of applications for modification of special permits.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>In accordance with the procedures governing the application for, and the processing of, special permits from the Department of Transportation's Hazardous Material Regulations, notice is hereby given that the Office of Hazardous Materials Safety has received the application described herein.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Comments must be received on or before July 29, 2026.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Record Center, Pipeline and Hazardous Materials Safety 
                        <PRTPAGE P="43145"/>
                        Administration, U.S. Department of Transportation, Washington, DC 20590.
                    </P>
                    <P>Comments should refer to the application number and be submitted in triplicate. If confirmation of receipt of comment(s) is desired, include a self-addressed stamped postcard showing the special permit number.</P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Donald Burger, Director, Office of Hazardous Materials Safety Special Permits Program, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, East Building, PHH-6, 1200 New Jersey Avenue Southeast, Washington, DC 20590-0001, (202) 366-4535.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>Each mode of transportation for which a particular special permit is requested is indicated by a number in the “Nature of Application” portion of the table below as follows: (1) Motor vehicle, (2) Rail freight, (3) Cargo vessel, (4) Cargo aircraft only, (5) Passenger-carrying aircraft.</P>
                <P>
                    Copies of the applications are available for inspection in the Records Center, East Building, PHH-6, 1200 New Jersey Avenue Southeast, Washington DC or at 
                    <E T="03">http://regulations.gov.</E>
                </P>
                <P>This notice of receipt of applications for special permit is published in accordance with part 107 of the Federal hazardous materials transportation law (49 U.S.C. 5117(b); 49 CFR 1.53(b)).</P>
                <SIG>
                    <DATED>Issued in Washington, DC, on July 6, 2026.</DATED>
                    <NAME>Donald P. Burger,</NAME>
                    <TITLE>Director, Special Permits Program.</TITLE>
                </SIG>
                <GPOTABLE COLS="4" OPTS="L2,nj,tp0,i1" CDEF="xs60,r50,r50,r100">
                    <TTITLE> </TTITLE>
                    <BOXHD>
                        <CHED H="1">Application No.</CHED>
                        <CHED H="1">Applicant</CHED>
                        <CHED H="1">Regulation(s) affected</CHED>
                        <CHED H="1">Nature of the special permits thereof</CHED>
                    </BOXHD>
                    <ROW EXPSTB="03" RUL="s">
                        <ENT I="21">
                            <E T="02">Special Permits Data</E>
                        </ENT>
                    </ROW>
                    <ROW EXPSTB="00">
                        <ENT I="01">12629-M</ENT>
                        <ENT>Tea Technologies Inc</ENT>
                        <ENT>173.302a(b)(2), 173.302a(b)(3), 173.302a(b)(4), 180.205(c), 180.205(f), 180.2025(g), 180.205(i), 180.209(a)</ENT>
                        <ENT>To modify the special permit to authorize an additional Acoustic Emission testing equipment. (modes 1, 2, 3, 4)</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">15493-M</ENT>
                        <ENT>Mission Systems Orchard Park Inc</ENT>
                        <ENT>173.302a, 178.65(i)(2)(viii)(B)</ENT>
                        <ENT>To modify the special permit to update a drawing revision and to authorize each cylinder to be refilled up to five times. (modes 1, 2, 4)</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">15747-M</ENT>
                        <ENT>United Parcel Service, Inc</ENT>
                        <ENT>172.203(a), 172.606(b), 177.817(a), 177.817(e)</ENT>
                        <ENT>To modify the special permit to authorize additional hazardous materials. (mode 1)</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">20396-M</ENT>
                        <ENT>Hexagon Digital Wave LLC</ENT>
                        <ENT>180.205(g)</ENT>
                        <ENT>To modify the special permit to authorize additional packagings designed and homologated to DOT-SPs 8162 and 20571. (modes 1, 2, 3)</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">21088-M</ENT>
                        <ENT>LogBATT GmbH</ENT>
                        <ENT>173.24(g)</ENT>
                        <ENT>To modify the special permit to authorize improved packagings. (modes 1, 2, 3)</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">21924-M</ENT>
                        <ENT>Antech Systems, Inc</ENT>
                        <ENT>180.205(g)</ENT>
                        <ENT>To modify the special permit to authorize requalification of an additional composite overwrapped pressure vessel.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">22110-M</ENT>
                        <ENT>Blue Origin, LLC</ENT>
                        <ENT>172.101, 172.300(a), 172.400(a), 173.301(f)(1), 173.302(a)(1), 173.56(b), 178.1</ENT>
                        <ENT>To modify the special permit to authorize additional locations, add initiators to the power device cartridges in the GS1 Aft Module and remove the expiration date for power device cartridges in paragraph 7(b)(3) of the special permit. (mode 1)</ENT>
                    </ROW>
                </GPOTABLE>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-14157 Filed 7-13-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION</AGENCY>
                <SUBAGY>Pipeline and Hazardous Materials Safety Administration</SUBAGY>
                <SUBJECT>Hazardous Materials: Notice of Applications for New Special Permits</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>List of applications for special permits.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>In accordance with the procedures governing the application for, and the processing of, special permits from the Department of Transportation's Hazardous Material Regulations, notice is hereby given that the Office of Hazardous Materials Safety has received the application described herein.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Comments must be received on or before August 13, 2026.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>Record Center, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, Washington, DC 20590.</P>
                    <P>Comments should refer to the application number and be submitted in triplicate. If confirmation of receipt of comments is desired, include a self-addressed stamped postcard showing the special permit number.</P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Donald Burger, Director, Office of Hazardous Materials Safety Special Permits Program, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, East Building, PHH-6, 1200 New Jersey Avenue Southeast, Washington, DC 20590-0001, (202) 366-4535.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>Each mode of transportation for which a particular special permit is requested is indicated by a number in the “Nature of Application” portion of the table below as follows: (1) Motor vehicle, (2) Rail freight, (3) Cargo vessel, (4) Cargo aircraft only, (5) Passenger-carrying aircraft.</P>
                <P>Copies of the applications are available for inspection in the Records Center, East Building, PHH-6, 1200 New Jersey Avenue Southeast, Washington DC.</P>
                <P>This notice of receipt of applications for special permit is published in accordance with part 107 of the Federal hazardous materials transportation law (49 U.S.C. 5117(b); 49 CFR 1.53(b)).</P>
                <SIG>
                    <DATED>Issued in Washington, DC, on July 6, 2026.</DATED>
                    <NAME>Donald P. Burger,</NAME>
                    <TITLE>Director, Special Permits Program.</TITLE>
                </SIG>
                <PRTPAGE P="43146"/>
                <GPOTABLE COLS="4" OPTS="L2,nj,tp0,p7,7/8,i1" CDEF="xs60,r50,r75,r100">
                    <TTITLE> </TTITLE>
                    <BOXHD>
                        <CHED H="1">Application No.</CHED>
                        <CHED H="1">Applicant</CHED>
                        <CHED H="1">Regulation(s) affected</CHED>
                        <CHED H="1">Nature of the special permits thereof</CHED>
                    </BOXHD>
                    <ROW EXPSTB="03" RUL="s">
                        <ENT I="21">
                            <E T="02">Special Permits Data</E>
                        </ENT>
                    </ROW>
                    <ROW EXPSTB="00">
                        <ENT I="01">22309-N</ENT>
                        <ENT>Omni Composite Tank Limited</ENT>
                        <ENT>107.503(b), 107.503(c), 172.102(c)(3), 172.102(c)(7)(ii), 178.274(b), 178.274(c), 178.274(d)</ENT>
                        <ENT>To authorize the manufacture, mark, sale, and use of non-specification “T7”, “T9“, and “T10” UN portable tanks constructed of carbon fiber reinforced plastic (CFRP) conforming to all requirements of a UN portable tank. (modes 1, 2, 3)</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">22318-N</ENT>
                        <ENT>Energy Transfer LP</ENT>
                        <ENT>173.31(d)(1)(ii)</ENT>
                        <ENT>To authorize the transportation in commerce of DOT-117 specification tank cars containing petroleum crude oil (UN1267) which are subjected to alternate manway inspection during closed-loop oil line loading operations. (mode 2)</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">22319-N</ENT>
                        <ENT>Mission Systems Orchard Park Inc</ENT>
                        <ENT>173.302(a)(1), 178.65(a)(1), 178.65(a)(2), 178.65(b), 178.65(b)(1), 178.65(c), 178.65(f)(2), 178.65(f)(3), 178.65(g), 178.65(g)(1), 178.65(g)(2), 178.65(g)(3), 178.65(g)(4), 178.65(i)(2)(i), 178.65(i)(2)(viii), 178.65(i)(2)(viii)(B)</ENT>
                        <ENT>To authorize the manufacture, mark, sale and use of non-DOT specification containers conforming with all regulations applicable to a DOT 39 specification cylinder. (modes 1, 2, 3, 4)</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">22320-N</ENT>
                        <ENT>H2 Manufacturing LLC</ENT>
                        <ENT>173.301(f), 173.301(g)</ENT>
                        <ENT>To authorize the transportation in commerce of compressed hydrogen in module assemblies containing non-DOT specification carbon fiber reinforced composite cylinders manufactured under DOT-SP 14576 without pressure relief devices. (mode 1)</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">22322-N</ENT>
                        <ENT>Mission Systems Orchard Park Inc</ENT>
                        <ENT>173.302(a)(1), 178.65(a), 178.65(a)(1), 178.65(a)(2), 178.65(b), 178.65(c)(4), 178.65(f)(1), 178.65(f)(2), 178.65(f)(2)(i), 178.65(f)(3), 178.65(g), 178.65(g)(1), 178.65(g)(2), 178.65(g)(3), 178.65(g)(4), 178.65(i)(2)(i), 178.65(i)(2)(viii)(B), 178.65(i)(3)</ENT>
                        <ENT>To authorize the manufacture, mark, sale and use of non-DOT specification containers for the transportation in commerce of helim, compressed conforming with all regulations applicable to a DOT 39 specification cylinder. (modes 1, 2, 4)</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">22323-N</ENT>
                        <ENT>Arkedge Space Inc</ENT>
                        <ENT>173.185(a)(1)</ENT>
                        <ENT>To authorize transportation in commerce of a prototype lithium ion battery which has not passed the testing requirements of section 38.3 of the UN Manual of Tests and Criteria. (mode 4)</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">22326-N</ENT>
                        <ENT>Thaan, LLC</ENT>
                        <ENT>172.504, 173.124</ENT>
                        <ENT>To authorize the transportation in commerce of UN1362, Carbon, Division 4.2, PG III without being subject to the requirements of the Hazardous Materials Regulations. (mode 1)</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">22330-N</ENT>
                        <ENT>Blue Origin, LLC</ENT>
                        <ENT>173.232(g)(3), 173.301(f)(1), 173.302(a)(1)</ENT>
                        <ENT>To authorize the transportation in commerce of filled non-DOT specification cylinders that are not fitted with pressure relief devices when contained in the Blue Ring. (mode 1)</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">22331-N</ENT>
                        <ENT>Air Transport International, Inc.</ENT>
                        <ENT>172.101(j), 173.27(b)(2), 173.27(b)(3), 175.1(a)</ENT>
                        <ENT>To authorize the transportation in commerce of certain explosives by cargo-only aircraft that are forbidden or exceed the authorized quantity limit via cargo-only aircraft. (mode 4)</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">22332-N</ENT>
                        <ENT>Network Access Associates Limited</ENT>
                        <ENT>172.101(j)(1), 173.185(a), 173.301(f), 173.302a(a)(1), 173.304a(a)(2)</ENT>
                        <ENT>To authorize the transportation in commerce of certain non-DOT specification containers (heat pipes) containing anhydrous ammonia for use in specialty cooling applications such as satellites and military aircraft &amp; non-DOT specification aluminum-lined composite-overwrapped pressure vessels containing Xenon. (modes 1, 3, 4)</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">22333-N</ENT>
                        <ENT>TriArc Tank, LLC</ENT>
                        <ENT>173.315, 178.337-1</ENT>
                        <ENT>To authorize the manufacture, mark, sale and use of non-DOT specification cargo tanks that conform with all regulations applicable to a DOT Specification MC-331 cargo tank except that they are manufactured to ASME Section XII and stamped with a “T” Stamp instead of a “U” stamp. (mode 1)</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">22334-N</ENT>
                        <ENT>Mid-Kansas Cooperative Association</ENT>
                        <ENT>177.834(h)</ENT>
                        <ENT>To authorize the transportation, loading, and discharge of low liquid hazardous materials from non-DOT Specification portable tanks and intermediate bulk containers (IBCs) transport of liquids including the allowance for maintaining flexible hose connections to the package and minimal amounts of liquid material remaining in the valve isolated hose. (mode 1)</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">22335-N</ENT>
                        <ENT>The Battery Network, Inc</ENT>
                        <ENT>173.185(f)</ENT>
                        <ENT>To authorize the manufacture, mark, sale and use of UN standard packagings for the transportation in commerce of damaged, defective, or recalled lithium ion batteries. (mode 1)</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">22336-N</ENT>
                        <ENT>Precision Impacts, LLC</ENT>
                        <ENT>173.167(a), 173.304(a), 173.304(d)</ENT>
                        <ENT>To authorize the manufacture, mark, sale and use of a non-refillable, non-DOT specification inside metal container conforming to all regulations applicable to DOT Specification 2Q for the transportation in commerce of hazardous materials. (modes 1, 2, 3, 4, 5)</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">22337-N</ENT>
                        <ENT>Baron Aviation Services, Inc</ENT>
                        <ENT>175.75(c), 175.75(d)</ENT>
                        <ENT>To authorize relief from the air carrier quantity limitations and cargo location requirements under 49 CFR 175.75(c) and (d) for the transportation in commerce of hazardous materials. (mode 4)</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">22338-N</ENT>
                        <ENT>Ohb System Ag</ENT>
                        <ENT>171.23(a)(1), 171.23(a)(3), 172.101(j), 173.185(a), 173.301(f), 173.302a(a)(1), 173.304a(a)(2)</ENT>
                        <ENT>To authorize the transportation in commerce of a non-DOT specification container (cryocooler) containing helium, compressed for use in satellite cooling applications, non-DOT specification aluminum-lined composite-overwrapped pressure vessels containing xenon, and lithium ion batteries within an outer satellite transport container. (mode 4).</ENT>
                    </ROW>
                    <ROW>
                        <PRTPAGE P="43147"/>
                        <ENT I="01">22339-N</ENT>
                        <ENT>Wheeling &amp; Lake Erie Railway Company</ENT>
                        <ENT>174.28(a), 174.28(b)</ENT>
                        <ENT>To authorize the transportation in commerce of hazardous materials consists within the regional service area of a Class II Railroad via paper train consists. (mode 2.)</ENT>
                    </ROW>
                </GPOTABLE>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-14154 Filed 7-13-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4910-60-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION</AGENCY>
                <SUBAGY>Pipeline and Hazardous Materials Safety Administration</SUBAGY>
                <SUBJECT>Hazardous Materials: Notice of Actions on Special Permits</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of actions on special permit applications.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>In accordance with the procedures governing the application for, and the processing of, special permits from the Department of Transportation's Hazardous Material Regulations, notice is hereby given that the Office of Hazardous Materials Safety has granted or denied the application described herein.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Comments must be received on or before August 13, 2026.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>Record Center, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, Washington, DC 20590.</P>
                    <P>Comments should refer to the application number and be submitted in triplicate. If confirmation of receipt of comments is desired, include a self-addressed stamped postcard showing the special permit number.</P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Donald Burger, Director, Office of Hazardous Materials Safety Special Permits Program, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, East Building, PHH-6, 1200 New Jersey Avenue Southeast, Washington, DC 20590-0001, (202) 366-4535.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>Copies of the applications are available for inspection in the Records Center, East Building, PHH-6, 1200 New Jersey Avenue Southeast, Washington, DC.</P>
                <P>This notice of receipt of applications for special permit is published in accordance with part 107 of the Federal hazardous materials transportation law (49 U.S.C. 5117(b); 49 CFR 1.53(b)).</P>
                <SIG>
                    <DATED>Issued in Washington, DC, on July 7, 2026.</DATED>
                    <NAME>Donald P. Burger,</NAME>
                    <TITLE>Director, Special Permits Program.</TITLE>
                </SIG>
                <GPOTABLE COLS="4" OPTS="L2,nj,tp0,i1" CDEF="xs60,r50,r50,r100">
                    <TTITLE> </TTITLE>
                    <BOXHD>
                        <CHED H="1">Application No.</CHED>
                        <CHED H="1">Applicant</CHED>
                        <CHED H="1">Regulation(s) affected</CHED>
                        <CHED H="1">Nature of the special permits thereof</CHED>
                    </BOXHD>
                    <ROW EXPSTB="03" RUL="s">
                        <ENT I="21">
                            <E T="02">Special Permits Data—Granted</E>
                        </ENT>
                    </ROW>
                    <ROW EXPSTB="00">
                        <ENT I="01">4661-M</ENT>
                        <ENT>Albemarle U.S. Inc</ENT>
                        <ENT>180.205(b), 180.205(c), 180.205(f), 180.205(g), 180.209(a), 180.213</ENT>
                        <ENT>To modify the special permit to remove provisions that are not applicable.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">14763-M</ENT>
                        <ENT>Weatherford US Holdings, LLC</ENT>
                        <ENT>173.27, 173.302a(a), 178.35, 178.36</ENT>
                        <ENT>To modify the special permit with the updated new company name Weatherford US Holding, LLC from Weatherford International, LLC.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">15660-M</ENT>
                        <ENT>Versum Materials US, LLC</ENT>
                        <ENT>180.209(a), 180.209(b), 180.209(b)(1)(iv)</ENT>
                        <ENT>To modify the special permit to clarify the requalification marking requirements.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">20549-M</ENT>
                        <ENT>Cellblock FCS, LLC</ENT>
                        <ENT>172.102(c)(1), 173.159a(c)(2), 173.185(c), 173.185(c)(1)(iii), 173.185(c)(1)(iv), 173.185(c)(1)(v), 173.185(c)(3), 173.185(f), 178.602(c)</ENT>
                        <ENT>To modify the special permit to provide relief to the diverse size, weight, and density of batteries that are packaged and shipped in accordance with the requirements of the permit.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">20910-M</ENT>
                        <ENT>Cellblock FCS, LLC</ENT>
                        <ENT>172.200, 172.303(a), 172.185(c)(1)(i), 173.185(f), 173.185(f)(4)</ENT>
                        <ENT>To modify the special permit to authorize reduced damaged, defective or recalled lithium ion battery marking.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">21018-M</ENT>
                        <ENT>Packaging and Crating Technologies, LLC</ENT>
                        <ENT>173.185(c), 173.185(f)</ENT>
                        <ENT>To modify the special permit to increase the maximum Wh rating to 2240 Wh.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">21269-M</ENT>
                        <ENT>Porsche Logistik GmbH</ENT>
                        <ENT>172.101(j)</ENT>
                        <ENT>To modify the special permit to remove the gross weight limitation.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">21354-M</ENT>
                        <ENT>Resonac America, Inc</ENT>
                        <ENT>171.23(a)(1), 171.23(a)(3)</ENT>
                        <ENT>To modify the special permit to authorize the export of full cylinders under limited circumstances.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">21406-M</ENT>
                        <ENT>Quantumscape Battery, Inc</ENT>
                        <ENT>173.185(e)</ENT>
                        <ENT>To modify the special permit to update the chemistry of the cell authorized in the special permit.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">21735-N</ENT>
                        <ENT>Globaltech Environmental Corp</ENT>
                        <ENT>173.185(c), 173.185(f)</ENT>
                        <ENT>To authorize the manufacture, mark, sale and use of UN specification packagings for the transportation in commerce of damaged, defective, or recalled lithium ion cells and batteries and lithium metal cells and batteries and these cells or batteries contained in equipment.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">21866-M</ENT>
                        <ENT>Electronic Recyclers International Inc</ENT>
                        <ENT>172.102(c)(1), 173.159a(c)(2), 173.185(c), 173.185(c)(1)(iii), 173.185(c)(1)(iv), 173.185(c)(1)(v), 173.185(c)(3), 173.185(f)</ENT>
                        <ENT>To modify the special permit to authorize cargo vessel as a mode of transportation.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">21890-M</ENT>
                        <ENT>Blue Origin, LLC</ENT>
                        <ENT>173.301(f)(1), 173.302(a)(1), 173.302(b)</ENT>
                        <ENT>To modify the special permit to authorize non-DOT specification cylinders.</ENT>
                    </ROW>
                    <ROW>
                        <PRTPAGE P="43148"/>
                        <ENT I="01">22025-M</ENT>
                        <ENT>Bhiwadi Cylinders Private Limited</ENT>
                        <ENT>173.304(d), 178.33d-2</ENT>
                        <ENT>To modify the special permit to increase the water capacity and diameter of the inner receptacles.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">22070-N</ENT>
                        <ENT>Chemring Energetic Devices, Inc</ENT>
                        <ENT>172.320(a), 173.62(a)</ENT>
                        <ENT>To authorize the transportation of previously approved explosive articles in non-specification packaging between Chemring Energetic Devices, Inc.'s manufacturing facilities.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">22088-N</ENT>
                        <ENT>Arthrex, Inc</ENT>
                        <ENT>172.102(c)(2), 173.185(b)(3)(ii)</ENT>
                        <ENT>To authorize the transportation in commerce of lithium ion batteries packed with equipment that exceed 30% state if charge by cargo-only aircraft.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">22103-N</ENT>
                        <ENT>Amazon.com, Inc</ENT>
                        <ENT>172.301(c)</ENT>
                        <ENT>To authorize the transport of aerosols whose container is manufactured under special permit meeting the limited quantity exemption to be transported without marking the manufacturing special permit number on the outer packaging.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">22124-M</ENT>
                        <ENT>Sig Sauer Inc</ENT>
                        <ENT>172.101(i)(3), 172.300, 173.62(c)</ENT>
                        <ENT>To modify the special permit to authorize additional Sig Sauer locations.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">22135-N</ENT>
                        <ENT>National Refrigerants, Inc</ENT>
                        <ENT>172.203(a), 172.301(c)</ENT>
                        <ENT>To authorize the transportation of certain non-specification inner containers authorized under separate manufacturing special permits without having to notate the manufacturing special permit numbers on shipping papers and without having to mark the manufacturing special permit numbers on the package.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">22171-N</ENT>
                        <ENT>Pipistrel d.o.o</ENT>
                        <ENT>173.185(b)(1)</ENT>
                        <ENT>To authorize the transportation of large-format lithium ion batteries with a mass exceeding 35 kg net weight per packaging aboard cargo-only aircraft.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">22184-N</ENT>
                        <ENT>Kalitta Air, LLC</ENT>
                        <ENT>172.203(a), 172.301(c), 173.27(b)(2), 175.30(a)(1)</ENT>
                        <ENT>To authorize the transportation by aircraft of Magnetic Resonance Imaging (MRI) equipment as UN3538 Articles containing non-flammable, non-toxic gas, n.o.s. via cargo-only aircraft.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">22193-N</ENT>
                        <ENT>Samsung SDI Battery Systems GmbH</ENT>
                        <ENT>173.185(e)</ENT>
                        <ENT>To authorize the transportation of prototype lithium ion batteries that have not completes all U.N tests and exceed 35kg net weight per package by cargo-only aircraft.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">22196-N</ENT>
                        <ENT>3rd Light, LLC</ENT>
                        <ENT>172.101(i)(1), 172.200(a), 172.320(a), 172.400(a), 172.500(a), 173.60(a), 173.63(b)</ENT>
                        <ENT>To authorize the transportation in commerce of Division 1.4S articles as limited quantities.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">22198-N</ENT>
                        <ENT>MAGG Management &amp; Consultancy LTD</ENT>
                        <ENT>172.101(j), 173.185(a)</ENT>
                        <ENT>To authorize the transportation of prototype lithium ion batteries that have not completed all UN testing and exceed 35 kg net weight aboard cargo-only aircraft.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">22233-N</ENT>
                        <ENT>Buffalo &amp; Pittsburgh Railroad, Inc</ENT>
                        <ENT>174.28(a), 174.28(b), 174.28(c)</ENT>
                        <ENT>To authorize the use of alternative procedures permitted in § 174.28(c) in place of the requirements in § 174.28(a) and (b).</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">22234-N</ENT>
                        <ENT>The Battery Network Inc</ENT>
                        <ENT>173.185(f)</ENT>
                        <ENT>To authorize the one-way transportation of damaged lithium ion battery modules (inclusive of batteries, as defined by the user) for disposal and/or recycling in UN specification packagings containing more than one battery module per package.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">22264-N</ENT>
                        <ENT>Union Pacific Railroad Company Inc</ENT>
                        <ENT>174.26(b)</ENT>
                        <ENT>To authorize the continued movement of hazardous material by rail freight prior to updating the electronic train consist information.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">22265-N</ENT>
                        <ENT>Cedar River Railroad Company</ENT>
                        <ENT>174.26(b)</ENT>
                        <ENT>To authorize the continued movement of hazardous materials by rail prior to updating the electronic train consist when there is a temporary inability to acquire cellular signal.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">22274-N</ENT>
                        <ENT>BNSF Railway Company</ENT>
                        <ENT>174.26(b)</ENT>
                        <ENT>To authorize the continued movement of hazardous materials by rail prior to updating the electronic train consist when there is a temporary inability to acquire cellular signal.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">22283-N</ENT>
                        <ENT>Impulse Space, Inc</ENT>
                        <ENT>173.301(f), 173.304a(a)(1)</ENT>
                        <ENT>To authorize the transportation in commerce of spacecraft with propulsion systems containing non-DOT specification Composite Overwrapped Pressure Vessels (COPVs).</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">22293-N</ENT>
                        <ENT>Canadian Pacific Railway Company</ENT>
                        <ENT>174.26(b)</ENT>
                        <ENT>To authorize the continued movement of hazardous material by rail freight prior to updating the electronic train consist information.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">22295-N</ENT>
                        <ENT>CSX Transportation, Inc</ENT>
                        <ENT>174.26(b)</ENT>
                        <ENT>To authorize the continued movement of hazardous materials by rail prior to updating the electronic train consist when there is a temporary inability to acquire cellular signal.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">22300-N</ENT>
                        <ENT>Norfolk Southern Railway Company</ENT>
                        <ENT>174.26(b)</ENT>
                        <ENT>To authorize the continued movement of hazardous materials by rail prior to updating the electronic train consist when there is a temporary inability to acquire cellular signal.</ENT>
                    </ROW>
                    <ROW>
                        <PRTPAGE P="43149"/>
                        <ENT I="01">22301-N</ENT>
                        <ENT>Cargolux Airlines International, SA</ENT>
                        <ENT>172.101(j)</ENT>
                        <ENT>To authorize the transportation in commerce of certain articles containing anhydrous ammonia by cargo-only aircraft.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">22303-N</ENT>
                        <ENT>Siemens Healthcare Limited</ENT>
                        <ENT>172.101(j)(1), 172.301(c), 173.232(g)(3)</ENT>
                        <ENT>To authorize the transportation in commerce of magnetic resonance imaging (MRI) equipment (classified as UN3538) via cargo-only aircraft.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">22308-N</ENT>
                        <ENT>Idaho National Laboratory</ENT>
                        <ENT>172.301(a), 172.301(c), 172.301(d), 172.400, 173.25(a)(2), 173.25(b)</ENT>
                        <ENT>To authorize the one-way transportation in commerce of 24 Type AF packages containing UN3327, Radioactive material, Type A package, fissile non-special form.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">22310-N</ENT>
                        <ENT>Blue Origin, LLC</ENT>
                        <ENT>172.300, 172.400, 173.301(f)(1), 173.302(a)(1)</ENT>
                        <ENT>To authorize the transportation in commerce of filled non-DOT specification cylinders contained in the New Glenn launch vehicle for the purposes of cleanup efforts.</ENT>
                    </ROW>
                    <ROW RUL="s">
                        <ENT I="01">22321-N</ENT>
                        <ENT>GE Healthcare Manufacturing LLC</ENT>
                        <ENT>172.101(j)(1), 172.301(c), 173.232(g)(3)</ENT>
                        <ENT>To authorize the transportation in commerce of magnetic resonance imaging (MRI) equipment (classified as UN3538) via cargo-only aircraft.</ENT>
                    </ROW>
                    <ROW EXPSTB="03" RUL="s">
                        <ENT I="21">
                            <E T="02">Special Permits Data—Denied</E>
                        </ENT>
                    </ROW>
                    <ROW EXPSTB="00">
                        <ENT I="01">22050-N</ENT>
                        <ENT>Guidemark, Inc</ENT>
                        <ENT>173.5a(c)(2)(i), 173.5a(c)(2)(ii), 173.5a(c)(2)(vi), 173.5a(c)(3)</ENT>
                        <ENT>To authorize the transportation of non-DOT specification cargo tanks used for roadway striping that do not meet the design and requalification requirements outlined in the Hazardous Materials Regulations (HMR).</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">22100-N</ENT>
                        <ENT>Carver Labs, Inc</ENT>
                        <ENT>172.101(a), 172.202(a), 173.320</ENT>
                        <ENT>To authorize the transportation in commerce of tanks containing liquefied nitrogen and carbon dioxide, solid.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">22127-N</ENT>
                        <ENT>Advance Auto Parts, Inc</ENT>
                        <ENT>172.101(k)(10), 176.83(b)</ENT>
                        <ENT>To authorize the transportation in commerce of lead acid batteries and Division 2.1 refrigerant gas on the same cargo vessel.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">22232-N</ENT>
                        <ENT>Filtrous Corp</ENT>
                        <ENT>173.202(a), 173.13(a)</ENT>
                        <ENT>To authorize the transportation in commerce of Methanol (UN1230) in quantities that exceed the limitations authorized by the HMR.</ENT>
                    </ROW>
                    <ROW RUL="s">
                        <ENT I="01">22241-N</ENT>
                        <ENT>Sunrise Air Cargo</ENT>
                        <ENT>172.301(c), 173.27(b)(2), 173.232(g)(3)</ENT>
                        <ENT>To authorize the transportation in commerce of magnetic resonance imaging (MRI) equipment (classified UN3538) via cargo-only aircraft.</ENT>
                    </ROW>
                    <ROW EXPSTB="03" RUL="s">
                        <ENT I="21">
                            <E T="02">Special Permits Data—Withdrawn</E>
                        </ENT>
                    </ROW>
                    <ROW EXPSTB="00">
                        <ENT I="01">22049-N</ENT>
                        <ENT>COMPTANK Corp</ENT>
                        <ENT>172.102(c)(3), 172.203(a), 173.241(b), 173.242(b), 173.243(b), 178.347-1(a), 178.348-1(a), 178.345-1(a)</ENT>
                        <ENT>To authorize the manufacture, mark, sale and use of non-DOT specification cargo tank motor vehicles constructed from Graphite Filament Wound Roving conforming with all regulations applicable to a DOT 407 or DOT 412 cargo tank motor vehicle for the transportation in commerce of hazardous materials.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">22242-N</ENT>
                        <ENT>R.J. Corman Railroad Company/Nashville &amp; Eastern Railroad Line</ENT>
                        <ENT>172.203(a), 174.26(a), 174.26</ENT>
                        <ENT>To authorize the use of electronic means to maintain and communicate on-board train consist information in lieu of paper documentation when hazardous materials are transported by rail.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">22285-N</ENT>
                        <ENT>Duke Energy Business Services LLC</ENT>
                        <ENT>172.101(j), 172.200, 172.204(c)(3), 172.301(c), 173.1, 173.27(b)(2), 175.30(a), 175.75</ENT>
                        <ENT>To authorize the transportation in commerce of certain hazardous materials in remote areas of the U.S. by 14 CFR Part 133 cargo-only aircraft (rotorcraft external load operations) in which hazardous materials are attached to or suspended from the aircraft without being subject to certain hazard communication requirements, quantity limitations, packaging and loading and storage requirements.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">22292-N</ENT>
                        <ENT>Urban Outfitters, Inc</ENT>
                        <ENT>172.203(a), 172.315(a)(2)</ENT>
                        <ENT>To authorize the transportation in commerce of packages containing limited quantities of hazardous materials with a reduced size limited quantity marking that is placed on the package tracking label.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">22299-N</ENT>
                        <ENT>Tanner Industries, Inc</ENT>
                        <ENT>178.71, 180.207</ENT>
                        <ENT>To authorize a five year visual requalification interval for ISO: 4706:2008 cylinders in dedicated anhydrous ammonia service of at least 99.5% purity in lieu of a ten year hydrostatic testing interval.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">22312-N</ENT>
                        <ENT>Source Technologies, LLC</ENT>
                        <ENT>172.203(a), 172.302(c), 177.834(h)</ENT>
                        <ENT>To authorize the discharge of liquid hazardous materials from certain UN Intermediate Bulk Containers (IBCs) and DOT Specification 57 portable tanks without removing them from the vehicle on which they are transported.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">22314-N</ENT>
                        <ENT>Electronic Fluorocarbons, LLC</ENT>
                        <ENT>171.23(a)(3), 171.23(b)(10)(ii)</ENT>
                        <ENT>To authorize the transportation in commerce of anhydrous hydrogen chloride (UN 1050) in a 1000 Liter non-DOT Specification pressure drum.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">22327-N</ENT>
                        <ENT>Frontier Environmental, Inc</ENT>
                        <ENT>172.203(a), 172.302(c), 177.834(h)</ENT>
                        <ENT>To authorize the discharge of liquid hazardous materials from certain UN Intermediate Bulk Containers (IBCs) and DOT Specification 57 portable tanks without removing them from the vehicle on which they are transported.</ENT>
                    </ROW>
                    <ROW>
                        <PRTPAGE P="43150"/>
                        <ENT I="01">22328-N</ENT>
                        <ENT>Jen &amp; Berries Limited</ENT>
                        <ENT>172.203(a), 172.315(a)(2)</ENT>
                        <ENT>To authorize the transportation in commerce of packages containing limited quantities of hazardous materials with a reduced size limited quantity marking that is placed on the package tracking label.</ENT>
                    </ROW>
                </GPOTABLE>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-14156 Filed 7-13-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4910-60-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF THE TREASURY</AGENCY>
                <SUBAGY>Office of Foreign Assets Control</SUBAGY>
                <SUBJECT>Notice of OFAC Sanctions Action</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Office of Foreign Assets Control, Treasury.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC) is publishing updates to the identifying information of one or more persons currently included on OFAC's Specially Designated Nationals and Blocked Persons List (SDN List).</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        This action was issued on April 24, 2026. See 
                        <E T="02">Supplementary Information</E>
                         for relevant dates.
                    </P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        OFAC: Associate Director for Global Targeting, 202-622-2420; Assistant Director for Sanctions Compliance, 202-622-2490 or 
                        <E T="03">https://ofac.treasury.gov/contact-ofac.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">Electronic Availability</HD>
                <P>
                    The SDN List and additional information concerning OFAC sanctions programs are available on OFAC's website: 
                    <E T="03">https://ofac.treasury.gov.</E>
                </P>
                <HD SOURCE="HD1">Notice of OFAC Action</HD>
                <P>On April 24, 2026, OFAC updated the SDN List entry for the following person, whose property and interest in property subject to U.S. jurisdiction continue to be blocked. The listing below reflects the amended entry on the SDN List.</P>
                <BILCOD>BILLING CODE 4810-AL-P</BILCOD>
                <GPH SPAN="3" DEEP="360">
                    <GID>EN14JY26.000</GID>
                </GPH>
                <EXTRACT>
                    <PRTPAGE P="43151"/>
                    <FP>(Authority: E.O. 13224, as amended by E.O. 13886.)</FP>
                </EXTRACT>
                <SIG>
                    <NAME>Bradley T. Smith,</NAME>
                    <TITLE>Director, Office of Foreign Assets Control.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2026-14093 Filed 7-13-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4810-AL-C</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF THE TREASURY</AGENCY>
                <SUBAGY>United States Mint</SUBAGY>
                <SUBJECT>Establish Prices for 2026 United States Mint Gold &amp; Silver Products</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>United States Mint, Department of the Treasury.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The United States Mint is announcing pricing for the Freedom Ringing—Liberty Bell One Ounce Gold Coin, One-Half Ounce Gold Coin &amp; One-Half Ounce Silver Medal.</P>
                </SUM>
                <GPOTABLE COLS="2" OPTS="L2,nj,i1" CDEF="s150,15">
                    <TTITLE> </TTITLE>
                    <BOXHD>
                        <CHED H="1">Product</CHED>
                        <CHED H="1">
                            2026 retail
                            <LI>price</LI>
                        </CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">Freedom Ringing—Liberty Bell One Ounce Gold Coin</ENT>
                        <ENT>$19,600</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Freedom Ringing—Liberty Bell One-Half Ounce Gold Coin</ENT>
                        <ENT>10,050</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Freedom Ringing—Liberty Bell One-Half Ounce Silver Medal</ENT>
                        <ENT>750</ENT>
                    </ROW>
                </GPOTABLE>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION, CONTACT: </HD>
                    <P>Ann Bailey; United States Mint; 801 9th Street NW, Washington, DC 20220; or call (202) 354-7662.</P>
                    <P>
                        <E T="03">Authority and Public Law (Gold):</E>
                         31 U.S.C. 5112(i)(4)(C).
                    </P>
                    <P>
                        <E T="03">Authority and Public Law (Silver):</E>
                         31 U.S.C. 5111(a)(2).
                    </P>
                    <SIG>
                        <NAME>Eric Anderson,</NAME>
                        <TITLE>Executive Secretary, United States Mint.</TITLE>
                    </SIG>
                </FURINF>
            </PREAMB>
            <FRDOC>[FR Doc. 2026-14129 Filed 7-13-26; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4810-37-P</BILCOD>
        </NOTICE>
    </NOTICES>
    <VOL>91</VOL>
    <NO>133</NO>
    <DATE>Tuesday, July 14, 2026</DATE>
    <UNITNAME>Proposed Rules</UNITNAME>
    <NEWPART>
        <PTITLE>
            <PRTPAGE P="43153"/>
            <PARTNO>Part II</PARTNO>
            <AGENCY TYPE="P">Environmental Protection Agency</AGENCY>
            <CFR>40 CFR Parts 86, 1036, et al.</CFR>
            <TITLE>Amendments and Nonconformance Penalties for Model Year 2027 and Later Heavy-Duty Highway Engines and Amendments to Inducement Provisions for SCR-Equipped Diesel Engines; Proposed Rule</TITLE>
        </PTITLE>
        <PRORULES>
            <PRORULE>
                <PREAMB>
                    <PRTPAGE P="43154"/>
                    <AGENCY TYPE="S">ENVIRONMENTAL PROTECTION AGENCY</AGENCY>
                    <CFR>40 CFR Parts 86, 1036, 1037, 1039, 1065, and 1071</CFR>
                    <DEPDOC>[EPA-HQ-OAR-2026-0728; FRL 12756-01-OAR]</DEPDOC>
                    <RIN>RIN 2060-AW83</RIN>
                    <SUBJECT>Amendments and Nonconformance Penalties for Model Year 2027 and Later Heavy-Duty Highway Engines and Amendments to Inducement Provisions for SCR-Equipped Diesel Engines</SUBJECT>
                    <AGY>
                        <HD SOURCE="HED">AGENCY:</HD>
                        <P>Environmental Protection Agency (EPA).</P>
                    </AGY>
                    <ACT>
                        <HD SOURCE="HED">ACTION:</HD>
                        <P>Proposed rule.</P>
                    </ACT>
                    <SUM>
                        <HD SOURCE="HED">SUMMARY:</HD>
                        <P>
                            The U.S. Environmental Protection Agency (EPA) is proposing regulatory amendments to certain compliance provisions and test procedures related to model year (MY) 2027 and later heavy-duty highway engines. These amendments would include changes to the regulatory useful life periods and the emission-related warranty periods. The EPA also proposes to add clarity to certain regulatory compliance provisions and correct errors in the regulations to support the MYs 2027 and later program for heavy-duty highway engines and vehicles. This includes certain amendments related to provisions adopted in January 2023 as well as other provisions adopted in earlier rules. The EPA also proposes to make nonconformance penalties (NCPs) available to manufacturers of medium heavy-duty engines (Medium HDE) and heavy heavy-duty engines (Heavy HDE) beginning in MY 2027. In addition, the EPA proposes to amend the requirements for selective catalytic reduction (SCR) system inducement provisions for newly manufactured diesel-fueled highway engines and vehicles (
                            <E T="03">i.e.,</E>
                             light- and medium-duty vehicles and heavy-duty engines) and nonroad engines and equipment. The EPA is also considering new inducement guidance for in-use highway and nonroad diesel engines, vehicles, and equipment.
                        </P>
                    </SUM>
                    <DATES>
                        <HD SOURCE="HED">DATES:</HD>
                        <P>Comments. Comments must be received on or before August 29, 2026. Comments on the information collection provisions submitted to the Office of Management and Budget (OMB) under the Paperwork Reduction Act (PRA) are best assured of consideration by OMB if OMB receives a copy of your comments on or before August 13, 2026.</P>
                        <P>
                            Public hearing: The EPA will hold virtual public hearings on July 29, 2026, starting at 9:00 a.m. Eastern Time and on July 30, 2026, starting at 10:00 a.m. Eastern Time. If there is sufficient interest, an additional day of hearings will be held on the subsequent day. Please refer to the 
                            <E T="02">SUPPLEMENTARY INFORMATION</E>
                             section for additional information on the public hearing. Information on the status of the hearing and how to register can be found at 
                            <E T="03">https://www.epa.gov/regulations-emissions-vehicles-and-engines/proposed-rule-amendments-and-nonconformance-penalties.</E>
                        </P>
                    </DATES>
                    <ADD>
                        <HD SOURCE="HED">ADDRESSES:</HD>
                        <P>You may send comments, identified by Docket ID No. EPA-HQ-OAR-2026-0728, by any of the following methods:</P>
                        <P>
                            • 
                            <E T="03">Federal eRulemaking Portal:</E>
                              
                            <E T="03">www.regulations.gov</E>
                             (our preferred method). Follow the online instructions for submitting comments.
                        </P>
                        <P>
                            • 
                            <E T="03">Email:</E>
                              
                            <E T="03">a-and-r-Docket@epa.gov.</E>
                             Include Docket ID No. EPA-HQ-OAR-2026-0728 in the subject line of the message.
                        </P>
                        <P>
                            • 
                            <E T="03">Mail:</E>
                             U.S. Environmental Protection Agency, EPA Docket Center, OAR Docket EPA-HQ-OAR-2026-0728, Mail Code 28221T, 1200 Pennsylvania Avenue NW, Washington, DC 20460.
                        </P>
                        <P>
                            • 
                            <E T="03">Hand Delivery or Courier:</E>
                             EPA Docket Center, WJC West Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC 20004. The Docket Center's hours of operation are 8:30 a.m.-4:30 p.m., Monday-Friday (except Federal holidays).
                        </P>
                        <P>
                            <E T="03">Instructions:</E>
                             All submissions received must include the Docket ID No. for this rulemaking. Comments received may be posted without change to 
                            <E T="03">www.regulations.gov,</E>
                             including personal information provided. For detailed instructions on sending comments and additional information on the rulemaking process, see the “Public Participation” heading of the 
                            <E T="02">SUPPLEMENTARY INFORMATION</E>
                             section of this document.
                        </P>
                    </ADD>
                    <FURINF>
                        <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                        <P>
                            For information about this proposed rule, contact James Sanchez, Transportation Sector Impacts &amp; Standards Division, Office of Transportation and Air Quality, Environmental Protection Agency, 2000 Traverwood Drive, Ann Arbor, MI 48105; telephone number: (734) 214-4439; email address: 
                            <E T="03">Sanchez.James@epa.gov.</E>
                        </P>
                    </FURINF>
                </PREAMB>
                <SUPLINF>
                    <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                    <HD SOURCE="HD1">Public Participation</HD>
                    <HD SOURCE="HD2">A. Written Comments</HD>
                    <P>
                        Submit your comments, identified by Docket ID No. EPA-HQ-OAR-2026-0728, at 
                        <E T="03">www.regulations.gov</E>
                         (our preferred method), or the other methods identified in the 
                        <E T="02">ADDRESSES</E>
                         section. Once submitted, comments cannot be edited or removed from the docket. The EPA may publish any comment received to the Agency's public docket. Do not submit to the EPA's docket at 
                        <E T="03">www.regulations.gov</E>
                         any information you consider to be Confidential Business Information (CBI), Proprietary Business Information (PBI), or other information the disclosure of which is restricted by statute. If you choose to submit CBI or PBI as a comment to the EPA's docket, please send those materials to the person listed in the 
                        <E T="02">FOR FURTHER INFORMATION CONTACT</E>
                         section. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (
                        <E T="03">i.e.,</E>
                         on the web, cloud, or other file sharing system). Please visit 
                        <E T="03">www.epa.gov/dockets/commenting-epa-dockets</E>
                         for additional submission methods; the full EPA public comment policy; information about CBI, PBI, or multimedia submissions; and general guidance on making effective comments.
                    </P>
                    <HD SOURCE="HD2">B. Participation in Virtual Hearing</HD>
                    <P>
                        The EPA will announce detailed information about the hearing as described in 
                        <E T="02">ADDRESSES</E>
                        . The EPA will begin pre-registering speakers for the hearing upon publication of this document in the 
                        <E T="04">Federal Register</E>
                        . To register to speak at the virtual hearing, please send an email to 
                        <E T="03">EPA-HD-MobileSource-Hearings@epa.gov.</E>
                         If you need additional help, contact the person listed in the 
                        <E T="02">FOR FURTHER INFORMATION CONTACT</E>
                         section.
                    </P>
                    <P>Registration will be open through the last day of the hearing; however, the EPA asks that you pre-register by July 22, 2026 if you intend to testify or are requesting special accommodations such as the services of an interpreter or audio description, please pre-register for the hearing and describe your needs by July 22, 2026. The EPA may not be able to arrange accommodations without advance notice.</P>
                    <P>
                        The EPA will provide a general agenda for the hearing listing the pre-registered speakers in approximate order at 
                        <E T="03">https://www.epa.gov/regulations-emissions-vehicles-and-engines/proposed-rule-amendments-and-nonconformance-penalties</E>
                         before the first day of the hearing. The EPA will make every effort to follow the schedule as closely as possible on the day of the hearing; however, please plan 
                        <PRTPAGE P="43155"/>
                        for the hearings to run either ahead of schedule or behind schedule. Registration will be open through the last day of the hearing and the EPA will make every effort to accommodate all speakers who join the hearing, although preferences on speaking times may not be able to be fulfilled, and special accommodations may not be available.
                    </P>
                    <P>Each commenter will have up to three minutes to provide oral testimony, though the final time limit may change and will be provided to registered speakers before the first day of the hearing. The EPA may ask clarifying questions during the oral presentations but will not respond to the presentations at that time. Written statements and supporting information submitted during the comment period will be considered with the same weight as oral comments and supporting information presented at the public hearing.</P>
                    <P>
                        Please note that any updates made to any aspect of the hearing are posted online at 
                        <E T="03">https://www.epa.gov/regulations-emissions-vehicles-and-engines/proposed-rule-amendments-and-nonconformance-penalties.</E>
                         While the EPA expects the hearing to go forward as set forth above, please monitor the Agency's website to determine if there are any updates. The EPA does not intend to publish a document in the 
                        <E T="04">Federal Register</E>
                         announcing updates.
                    </P>
                    <HD SOURCE="HD2">C. Public Access to Voluntary Consensus Standards</HD>
                    <P>
                        Copies of ASTM standards identified in section III.E of this preamble may be obtained from ASTM International, 100 Barr Harbor Dr., P.O. Box C700, West Conshohocken, PA 19428-2959, by calling (877) 909-ASTM, or at 
                        <E T="03">www.astm.org.</E>
                         Copies of these standards have also been placed in the rulemaking docket for this action. For the latest status information on EPA Docket Center Reading Room services and docket access, visit 
                        <E T="03">www.epa.gov/dockets/epa-docket-center-reading-room</E>
                         or call (202) 566-1744. If you have a disability and the format of any of these materials interferes with your ability to access the information, please contact the EPA's Rehabilitation Act Section 508 (29 U.S.C. 794d) Program at 
                        <E T="03">www.epa.gov/accessibility/forms/contact-us-about-section-508-accessibility</E>
                         or via email at 
                        <E T="03">section508@epa.gov.</E>
                         To enable the EPA to respond in a manner most helpful to you, please indicate the nature of the accessibility issue, the web address of the requested material, your preferred format in which you want to receive the material (electronic format (ASCII, etc.), standard print, large print, etc.), and your contact information.
                    </P>
                    <HD SOURCE="HD2">D. Docket</HD>
                    <P>
                        All documents in the docket are listed on the 
                        <E T="03">www.regulations.gov</E>
                         website. A plain language summary of the rule is also available on the 
                        <E T="03">www.regulations.gov</E>
                         website. Although listed in the index, some information is not publicly available, 
                        <E T="03">e.g.,</E>
                         CBI or other information the disclosure of which is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form through the EPA Docket Center at the location listed in the 
                        <E T="02">ADDRESSES</E>
                         section of this document.
                    </P>
                    <HD SOURCE="HD1">General Information</HD>
                    <HD SOURCE="HD2">Does this action apply to me?</HD>
                    <P>This action relates to companies that manufacture, sell, or import into the United States motor vehicles, motor vehicle engines, and nonroad engines and equipment. Potentially affected categories and entities include the following:</P>
                    <GPOTABLE COLS="2" OPTS="L2,nj,tp0,i1" CDEF="xs100,r150">
                        <TTITLE> </TTITLE>
                        <BOXHD>
                            <CHED H="1">
                                NAICS codes 
                                <SU>a</SU>
                            </CHED>
                            <CHED H="1">Sector title</CHED>
                        </BOXHD>
                        <ROW>
                            <ENT I="01">333618</ENT>
                            <ENT>Other Engine Equipment Manufacturing.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">336110</ENT>
                            <ENT>Automobile and Light Duty Motor Vehicle Manufacturing.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">336120</ENT>
                            <ENT>Heavy Duty Truck Manufacturing.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">336310</ENT>
                            <ENT>Motor Vehicle Gasoline Engine and Engine Parts Manufacturing.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">336390</ENT>
                            <ENT>Other Motor Vehicle Parts Manufacturing.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">336999</ENT>
                            <ENT>All Other Transportation Equipment Manufacturing.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">333111</ENT>
                            <ENT>Farm Machinery and Equipment Manufacturing.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">333120</ENT>
                            <ENT>Construction Equipment Manufacturing.</ENT>
                        </ROW>
                        <TNOTE>
                            <SU>a</SU>
                             NAICS Association. NAICS &amp; SIC Identification Tools. 
                            <E T="03">www.naics.com/search.</E>
                        </TNOTE>
                    </GPOTABLE>
                    <P>
                        This table is not intended to be exhaustive but rather provides a guide for readers regarding entities potentially affected by this action. This table lists the types of entities that the EPA is aware could potentially be affected by this action. Other types of entities not listed in the table could also be affected. To determine whether your entity is regulated by this action, you should carefully examine the applicability criteria found in the regulation. If you have questions regarding the applicability of this action to a particular entity, consult the person listed in the 
                        <E T="02">FOR FURTHER INFORMATION CONTACT</E>
                         section.
                    </P>
                    <HD SOURCE="HD2">What action is the Agency taking?</HD>
                    <P>The EPA is proposing regulatory amendments to compliance provisions and test procedures related to the Agency's 2023 rule setting criteria pollutant emission standards for MYs 2027 and later heavy-duty highway engines. These amendments are intended to add clarity to the regulatory compliance provisions and correct errors in the regulations.</P>
                    <HD SOURCE="HD2">What is the Agency's authority for taking this action?</HD>
                    <P>Statutory authority for this proposed action comes from the Clean Air Act (CAA) (42 U.S.C. 7401-7671q).</P>
                    <HD SOURCE="HD1">List of Acronyms</HD>
                    <GPOTABLE COLS="2" OPTS="L2,nj,tp0,p7,7/8,i1" CDEF="xs40,r75">
                        <TTITLE> </TTITLE>
                        <BOXHD>
                            <CHED H="1">Acronym</CHED>
                            <CHED H="1">Description</CHED>
                        </BOXHD>
                        <ROW>
                            <ENT I="01">AAF</ENT>
                            <ENT>Annual Adjustment Factor</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">ABT</ENT>
                            <ENT>Averaging, Banking, and Trading</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">AECD</ENT>
                            <ENT>Auxiliary Emissions Control Device</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">ANSI</ENT>
                            <ENT>American National Standards Institute</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">ASTM</ENT>
                            <ENT>ASTM International</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">ATA</ENT>
                            <ENT>American Trucking Associations</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">CAA</ENT>
                            <ENT>Clean Air Act</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">CARB</ENT>
                            <ENT>California Air Resources Board</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">CCR</ENT>
                            <ENT>California Code of Regulations</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">CFR</ENT>
                            <ENT>Code of Federal Regulations</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">CNG</ENT>
                            <ENT>Compressed Natural Gas</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">CD</ENT>
                            <ENT>Charge Depleting</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">CO</ENT>
                            <ENT>Carbon Monoxide</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">COC</ENT>
                            <ENT>Cost of Compliance</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">CS</ENT>
                            <ENT>Charge Sustaining</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DEF</ENT>
                            <ENT>Diesel Exhaust Fluid</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DPF</ENT>
                            <ENT>Diesel Particulate Filter</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DRIA</ENT>
                            <ENT>Draft Regulatory Impact Analysis</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">DTSD</ENT>
                            <ENT>Draft Technical Support Document</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">EMA</ENT>
                            <ENT>Truck &amp; Engine Manufacturers Association</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">EGR</ENT>
                            <ENT>Exhaust Gas Recirculation</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">EPA</ENT>
                            <ENT>Environmental Protection Agency</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">FEL</ENT>
                            <ENT>Family Emission Limit</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">FR</ENT>
                            <ENT>Federal Register</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">FTP</ENT>
                            <ENT>Federal Test Procedure</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">GVWR</ENT>
                            <ENT>Gross Vehicle Weight Rating</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">HC</ENT>
                            <ENT>Hydrocarbons</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">HD</ENT>
                            <ENT>Heavy-Duty</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">HDE</ENT>
                            <ENT>Heavy-Duty Engine</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">ICP-MS</ENT>
                            <ENT>Inductively Coupled Plasma Mass Spectrometer</ENT>
                        </ROW>
                        <ROW>
                            <PRTPAGE P="43156"/>
                            <ENT I="01">ISO</ENT>
                            <ENT>International Organization for Standardization</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">LLC</ENT>
                            <ENT>Low Load Cycle</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">MC</ENT>
                            <ENT>Marginal Cost</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">MIL</ENT>
                            <ENT>Malfunction Indicator Light</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">MOVES</ENT>
                            <ENT>MOtor Vehicle Emission Simulator</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">MY</ENT>
                            <ENT>Model Year</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">NCP</ENT>
                            <ENT>Nonconformance Penalty</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">NG</ENT>
                            <ENT>Natural Gas</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">NMHC</ENT>
                            <ENT>Nonmethane Hydrocarbon</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">
                                NO
                                <E T="0732">X</E>
                            </ENT>
                            <ENT>Oxides of Nitrogen</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">NPRM</ENT>
                            <ENT>Notice of Proposed Rulemaking</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">NTTAA</ENT>
                            <ENT>National Technology Transfer and Advancement Act</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">OBD</ENT>
                            <ENT>Onboard Diagnostics</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">OEM</ENT>
                            <ENT>Original Equipment Manufacturer</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">OMB</ENT>
                            <ENT>Office of Management and Budget</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">PCA</ENT>
                            <ENT>Production Compliance Audit</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">PM</ENT>
                            <ENT>Particulate Matter</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">PR</ENT>
                            <ENT>Penalty Rate</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">PRA</ENT>
                            <ENT>Paperwork Reduction Act</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">RESS</ENT>
                            <ENT>Rechargeable Energy Storage System</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">RFA</ENT>
                            <ENT>Regulatory Flexibility Act</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">RIA</ENT>
                            <ENT>Regulatory Impact Analysis</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">RPE</ENT>
                            <ENT>Retail Price Equivalent</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SAE</ENT>
                            <ENT>SAE International</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SCR</ENT>
                            <ENT>Selective Catalytic Reduction</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SET</ENT>
                            <ENT>Supplemental Emission Test</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">
                                SO
                                <E T="0732">2</E>
                            </ENT>
                            <ENT>Sulfur Dioxide</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SVOC</ENT>
                            <ENT>Semi-Volatile Organic Compounds</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">THC</ENT>
                            <ENT>Total Hydrocarbon Emissions</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">TSD</ENT>
                            <ENT>Technical Support Document</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">UL</ENT>
                            <ENT>Upper Limit</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">ULSD</ENT>
                            <ENT>Ultra Low Sulfur Diesel</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">UMRA</ENT>
                            <ENT>Unfunded Mandates Reform Act</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">UQS</ENT>
                            <ENT>Urea Quality Sensor</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">VOC</ENT>
                            <ENT>Volatile Organic Compounds</ENT>
                        </ROW>
                    </GPOTABLE>
                    <HD SOURCE="HD1">Table of Contents</HD>
                    <EXTRACT>
                        <FP SOURCE="FP-2">I. Executive Summary</FP>
                        <FP SOURCE="FP1-2">A. Introduction</FP>
                        <FP SOURCE="FP1-2">B. Need for Regulatory Action</FP>
                        <FP SOURCE="FP1-2">C. Summary of the Major Provisions in This Proposal</FP>
                        <FP SOURCE="FP1-2">D. Summary of the Impacts of This Proposal</FP>
                        <FP SOURCE="FP-2">II. Introduction</FP>
                        <FP SOURCE="FP1-2">A. Background</FP>
                        <FP SOURCE="FP1-2">B. Response to the 2023 Final Rule</FP>
                        <FP SOURCE="FP1-2">C. Summary of the Proposal</FP>
                        <FP SOURCE="FP1-2">D. Legal Authority</FP>
                        <FP SOURCE="FP1-2">E. Reliance Interests</FP>
                        <FP SOURCE="FP-2">III. Proposed Compliance Provisions and Test Procedures</FP>
                        <FP SOURCE="FP1-2">A. Emission-Related Warranty</FP>
                        <FP SOURCE="FP1-2">B. Regulatory Useful Life Periods</FP>
                        <FP SOURCE="FP1-2">C. Production Volume Allowance</FP>
                        <FP SOURCE="FP1-2">D. Credit Flexibilities</FP>
                        <FP SOURCE="FP1-2">E. Other Regulatory Amendments</FP>
                        <FP SOURCE="FP-2">IV. Nonconformance Penalties for Diesel-Fueled Medium HDE and Heavy HDE</FP>
                        <FP SOURCE="FP1-2">A. NCP Eligibility</FP>
                        <FP SOURCE="FP1-2">B. Nonconformance Penalty Rates</FP>
                        <FP SOURCE="FP1-2">C. Consideration of Other Methodologies and Factors for Estimating MY 2027 NCPs</FP>
                        <FP SOURCE="FP1-2">D. Migrating Regulation to 40 CFR Part 1071 and Proposed Revisions to the Regulation</FP>
                        <FP SOURCE="FP-2">V. Improvements for SCR Reliability and Changes to DEF Inducements for Highway Engines and Vehicles and for Nonroad Diesel Engines</FP>
                        <FP SOURCE="FP1-2">A. Background</FP>
                        <FP SOURCE="FP1-2">B. Recent Developments</FP>
                        <FP SOURCE="FP1-2">C. The EPA's Proposed Inducement Revisions</FP>
                        <FP SOURCE="FP1-2">D. Proposed Revisions To Improve SCR Reliability</FP>
                        <FP SOURCE="FP1-2">E. Applying Proposed SCR Inducement Changes to Light-Duty Vehicles, Medium-Duty Vehicles, and Nonroad Engines</FP>
                        <FP SOURCE="FP1-2">F. Potential for Additional EPA Inducement Guidance for In-Use Engines and Vehicles</FP>
                        <FP SOURCE="FP-2">VI. Program Costs</FP>
                        <FP SOURCE="FP-2">VII. Estimated Emissions Changes From the Proposed Program Amendments</FP>
                        <FP SOURCE="FP1-2">A. Emission Inventory Methodology</FP>
                        <FP SOURCE="FP1-2">B. Emission Inventory Impacts</FP>
                        <FP SOURCE="FP-2">VIII. Air Quality Impacts of the Proposed Rule</FP>
                        <FP SOURCE="FP-2">IX. Projected Changes in Human Health and Welfare From the Proposed Rule</FP>
                        <FP SOURCE="FP-2">X. Economic Impact Analysis</FP>
                        <FP SOURCE="FP-2">XI. Summary of Requests for Comment in This Proposed Rule</FP>
                        <FP SOURCE="FP-2">XII. Statutory and Executive Order Reviews</FP>
                        <FP SOURCE="FP1-2">A. Executive Order 12866: Regulatory Planning and Review</FP>
                        <FP SOURCE="FP1-2">B. Executive Order 14192: Unleashing Prosperity Through Deregulation</FP>
                        <FP SOURCE="FP1-2">C. Paperwork Reduction Act (PRA)</FP>
                        <FP SOURCE="FP1-2">D. Regulatory Flexibility Act (RFA)</FP>
                        <FP SOURCE="FP1-2">E. Unfunded Mandates Reform Act (UMRA)</FP>
                        <FP SOURCE="FP1-2">F. Executive Order 13132: Federalism</FP>
                        <FP SOURCE="FP1-2">G. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments</FP>
                        <FP SOURCE="FP1-2">H. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks</FP>
                        <FP SOURCE="FP1-2">I. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use</FP>
                        <FP SOURCE="FP1-2">J. National Technology Transfer and Advancement Act (NTTAA) and 1 CFR Part 51</FP>
                        <FP SOURCE="FP-2">XIII. Statutory Provisions and Legal Authority</FP>
                        <FP SOURCE="FP-2">List of Subjects</FP>
                    </EXTRACT>
                    <HD SOURCE="HD1">I. Executive Summary</HD>
                    <HD SOURCE="HD2">A. Introduction</HD>
                    <P>
                        In this action, the EPA proposes regulatory amendments to certain compliance provisions and test procedures related to MYs 2027 and later heavy-duty highway engines. These amendments would include changes to the regulatory useful life periods and the emission-related warranty periods. The EPA also proposes to add clarity to certain regulatory compliance provisions and correct errors in the regulations to support the MYs 2027 and later program for heavy-duty highway engines and vehicles. This includes certain amendments related to provisions adopted in January 2023 and other provisions adopted in earlier rules. The EPA also proposes to make NCPs available to manufacturers of Medium HDE and Heavy HDE beginning in MY 2027. In addition, the EPA proposes to amend the requirements for SCR system inducement provisions for newly manufactured diesel-fueled highway engines and vehicles and nonroad engines and equipment.
                        <SU>1</SU>
                        <FTREF/>
                         The EPA is also considering new inducement guidance for in-use highway and nonroad diesel engines, vehicles, and equipment.
                    </P>
                    <FTNT>
                        <P>
                            <SU>1</SU>
                             Throughout this preamble, the term “inducements” refers to SCR-related strategies to induce operators to maintain appropriate levels of high-quality DEF and not tamper with SCR systems. Engine derating and vehicle speed restrictions have historically been applied as the primary inducement for SCR systems. Engine derating is a design strategy that reduces engine power.
                        </P>
                    </FTNT>
                    <HD SOURCE="HD2">B. Need for Regulatory Action</HD>
                    <P>
                        In January 2023, the EPA issued a final rule titled “Control of Air Pollution from New Motor Vehicles: Heavy-Duty Engine and Vehicle Standards” (the “2023 Final Rule”).
                        <SU>2</SU>
                        <FTREF/>
                         The 2023 Final Rule included new, more stringent emission standards for oxides of nitrogen (NO
                        <E T="52">X</E>
                        ), particulate matter (PM), hydrocarbons (HC), and carbon monoxide (CO) for MY 2027s and later heavy-duty engines.
                        <SU>3</SU>
                        <FTREF/>
                         The 2023 Final Rule also changed key provisions of the existing heavy-duty engine emissions control program, including test procedures, regulatory useful life, emission-related warranty, and other requirements. Additionally, the 2023 Final Rule included changes to maintenance and serviceability, including newly codified SCR inducement provisions.
                    </P>
                    <FTNT>
                        <P>
                            <SU>2</SU>
                             88 FR 4296 (Jan. 24, 2023).
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>3</SU>
                             The EPA refers to NO
                            <E T="52">X</E>
                            , PM, HC, CO, volatile organic compounds (VOC), and sulfur dioxide more generally as “criteria pollutants” throughout this preamble.
                        </P>
                    </FTNT>
                    <P>
                        Immediately upon taking office, President Trump established new Executive Branch priorities for energy, transportation, and consumer choice and committed to ensuring regulations remain within constitutional and statutory bounds. On March 12, 2025, the EPA Administrator announced that the Agency would reevaluate the 2023 Final Rule as part of the deregulatory actions the Agency would undertake.
                        <SU>4</SU>
                        <FTREF/>
                         Following this announcement, the EPA heard concerns from truck and engine manufacturers, the component supply industry, as well as truck users, trucking fleets, and truck dealerships, about the expected cost increases associated with the 2023 Final Rule's changes to the emission-related warranty and regulatory useful life periods (the Agency also received comments from a number of these stakeholders raising concerns with the potential high costs 
                        <PRTPAGE P="43157"/>
                        during the development of the 2023 Final Rule). In addition, several engine manufacturers have expressed concerns with the increased useful life which is set to begin in MY 2027 and the increased risk of non-compliance for in-use engines over their extended regulatory useful life. The EPA has also identified several areas where amending specific test procedures and other compliance provisions could support implementation of the MY 2027 program.
                    </P>
                    <FTNT>
                        <P>
                            <SU>4</SU>
                             U.S. Environmental Protection Agency. (2025). “EPA Launches Biggest Deregulatory Action in U.S. History”. 
                            <E T="03">https://www.epa.gov/newsreleases/epa-launches-biggest-deregulatory-action-us-history.</E>
                        </P>
                    </FTNT>
                    <P>
                        On August 12, 2025, the Administrator also stated the EPA's intention to further improve operator experience with diesel engines using SCR systems, including assessing whether engine performance derates may no longer be necessary to ensure the proper use of diesel exhaust fluid (DEF).
                        <SU>5</SU>
                        <FTREF/>
                         After this announcement, individual operators and States, such as Iowa, Alaska, and Nebraska, expressed concerns with inducements, and a bill was brought to Congress regarding relief for inducements in prolonged cold weather.
                        <SU>6</SU>
                        <FTREF/>
                         In response to feedback and concerns that the EPA continues to receive regarding the impact of inducements, the Agency is revisiting the inducement regulations finalized in the 2023 Final Rule for new heavy-duty highway engines. This includes revisiting how restrictive inducements should be to provide a reasonable basis for demonstrating that operators would continue to add quality DEF in tanks and not tamper with SCR systems. The EPA is also considering what changes could apply to in-use highway engines and vehicles and nonroad engines currently covered under existing EPA guidance.
                    </P>
                    <FTNT>
                        <P>
                            <SU>5</SU>
                             U.S. Environmental Protection Agency. (2025). “At Iowa State Fair, EPA Administrator Zeldin Announces Diesel Exhaust Fluid (DEF) Fix.” 
                            <E T="03">https://www.epa.gov/newsreleases/iowa-state-fair-epa-administrator-zeldin-announces-diesel-exhaust-fluid-def-fix.</E>
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>6</SU>
                             See, 
                            <E T="03">e.g.,</E>
                             Office of the Nebraska Attorney General (2026). “Nebraska Attorney General's Office Issues Safety Alert Regarding Diesel Exhaust Fluid (DEF) System Failures Affecting Farmers, Truckers, and Motorists.” 
                            <E T="03">https://ago.nebraska.gov/nebraska-attorney-generals-office-issues-safety-alert-regarding-diesel-exhaust-fluid-def-system.</E>
                        </P>
                    </FTNT>
                    <P>Finally, the EPA is aware that some manufacturers' MY 2027 medium and heavy heavy-duty engine development programs have experienced technical challenges, and a few diesel engine models/families are at risk of not being completed in time for a January 2027 introduction. Consequently, these manufacturers have requested, and the EPA is proposing, NCPs under CAA section 206(g), which would allow these manufacturers to continue to sell their current products while they complete the development of engines compliant with the MY 2027 standards.</P>
                    <HD SOURCE="HD2">C. Summary of the Major Provisions in This Proposal</HD>
                    <P>
                        Truck and engine manufacturers as well as the component supply industry have been preparing for several years to meet the MYs 2027 and later NO
                        <E T="52">X</E>
                        , PM, HC, and CO standards and other requirements finalized in the 2023 Final Rule. Over the past year, most truck and engine manufacturers have communicated to the EPA that they will have a full lineup of products ready to meet the MY 2027 standards. However, some truck and engine manufacturers and the broader industry, including trucking fleets and dealers, have raised concerns with the overall costs of new vehicles resulting from the 2023 Final Rule. In light of concerns from truck and engine manufacturers, the component supply industry, and truck users, trucking fleets, and truck dealerships, the EPA is proposing targeted revisions to certain program elements that are expected to reduce the program costs, while limiting the impact on engine and vehicle manufacturers' significant investments and plans for providing compliant MY 2027 products, and retaining the majority of the projected emissions reductions from the 2023 Final Rule.
                    </P>
                    <P>In the 2023 Final Rule, the projected costs due to the lengthened emission-related warranty periods were the largest individual contributor to the EPA's projected per-vehicle cost increases, and total program costs. As described in section III.A of this preamble, the EPA is now reconsidering whether the long-term emission reductions projected for longer emission-related warranty periods and the justifications presented in the 2023 Final Rule are reasonable. In consideration of the cost impacts, potential increased purchase price and reduced emission-related warranty coverage options for purchasers, and the associated relatively small emissions impact, the EPA proposes to retain the MY 2026 emission-related warranty periods for MYs 2027 and later heavy-duty engines.</P>
                    <P>The 2023 Final Rule also lengthened the useful life periods for all heavy-duty engine regulatory classes. The new useful life periods require manufacturers to demonstrate at the time of certification that the emission controls on their MYs 2027 and later engines are durable over the longer periods, and manufacturers are responsible for ensuring that their engines will meet the standards in-use during those useful life periods. In meetings with manufacturers over the past year about their readiness for the MY 2027 program, several manufacturers have noted they can meet the initial certification requirements but expressed concern with the uncertainty of in-use performance of their new technologies over the full useful life for the range of vehicle applications. Based on their technology development work since January 2023, these manufacturers suggest that a shorter useful life would give them more time to evaluate their new technologies in the real world and build more confidence in their ability to meet the MY 2027 standards in-use over the longer useful life periods. As described in section III.B of this preamble, the EPA proposes that the longer useful life periods would apply beginning in MY 2030. This proposed implementation delay is intended to mitigate manufacturer concerns regarding compliance uncertainties for the extended period over which manufacturers have limited data and provide manufacturers with additional lead time to refine emission control systems before the engines are subject to the longer regulatory useful life.</P>
                    <PRTPAGE P="43158"/>
                    <P>
                        The EPA is also proposing to establish NCPs for certain categories of compression-ignition heavy-duty engines. Under CAA section 206(g), a manufacturer is allowed to produce engines that do not meet the applicable standards “if such manufacturer pays a nonconformance penalty as provided under regulations promulgated by the Administrator after notice and opportunity for public hearing.” 
                        <SU>7</SU>
                        <FTREF/>
                         Under existing EPA regulations, the EPA would establish NCPs if three criteria are met: (1) The emission standard in question becomes more difficult to meet; (2) Substantial work must be required to meet the emission standard; and (3) the Agency finds that a manufacturer is likely to be noncomplying for technological reasons (referred to in earlier rules as a “technological laggard”). The EPA believes these criteria have been met for the MY 2027 NO
                        <E T="52">X</E>
                         standards for diesel-fueled engines in the Medium HDE and Heavy HDE regulatory categories and is proposing to establish NCPs for these engine categories as described in section IV of this preamble.
                    </P>
                    <FTNT>
                        <P>
                            <SU>7</SU>
                             42 U.S.C. 7525(g).
                        </P>
                    </FTNT>
                    <P>
                        Finally, in the 2023 Final Rule, the EPA codified regulatory requirements to address how manufacturers can certify engines that use DEF in SCR aftertreatment systems. The 2023 Final Rule mandated manufacturers to initiate an engine performance derate, or inducement, to address concerns with DEF quality, DEF supply, and tampering. As described in section V of this preamble, continued operator frustration has motivated the EPA to reassess the Agency's approach to certifying SCR-equipped engines. In this action, the EPA is proposing to replace engine performance derates as a part of SCR-related inducement provisions with visible and/or audible notifications. These proposed amendments for inducements would apply to newly manufactured highway engines and vehicles (
                        <E T="03">i.e.,</E>
                         light- and medium-duty vehicles and heavy-duty engines) and in nonroad applications. Under CAA sections 202 and 213, the EPA sets and implements emission standards for new highway and nonroad engines and vehicles throughout their useful life; however, the EPA will be considering new inducement guidance for in-use highway and nonroad diesel engines and vehicles regarding ongoing compliance with such regulations. The EPA is considering whether such guidance might provide recommendations for engine manufacturers to get approval to modify in-use engines, consistent with any provisions the EPA adopts in this rulemaking, without violating prohibitions against tampering and defeat devices.
                    </P>
                    <HD SOURCE="HD2">D. Summary of the Impacts of This Proposal</HD>
                    <P>The EPA updated costs from the 2023 Final Rule Regulatory Impact Analysis (RIA) to reflect the projected change in emission-related warranty costs and operating costs associated with this proposed action. There are no changes to direct manufacturing costs between the proposed action case and the no-action case. The EPA understands that manufacturers have already solidified their technology designs for MY 2027 engines, and the Agency believes that manufacturers are likely to maintain a steady design technology for MY 2028 and 2029 and will not redesign engines in response to the proposed shorter useful life periods for those model years.</P>
                    <P>
                        As shown in Table I-1, and in more detail in section VI of this preamble, engine manufacturers would see cost savings due to the proposed shorter emission-related warranty period per engine for MY 2027 by regulatory class and fuel type and those savings are likely to be passed on to the vehicle purchaser. See section VI of this preamble and Chapter 3 of the Draft Regulatory Impact Analysis (DRIA) for additional information on the cost impacts of this proposal.
                        <SU>8</SU>
                        <FTREF/>
                         The EPA expects that manufacturers will pass these savings on to purchasers. Thus, the EPA expects purchasers to save up to $37 billion in emission-related warranty savings, including up to $6,000 per diesel vehicle from the warranty savings alone (see Table I-2). Purchasers would also incur additional operating costs, but net cost savings could be as high as $12 billion.
                    </P>
                    <FTNT>
                        <P>
                            <SU>8</SU>
                             U.S. Environmental Protection Agency. “Amendments and Nonconformance Penalties for Model Year 2027 and Later Heavy-Duty Highway Engines and Amendments to Inducement Provisions for SCR-Equipped Diesel Engines: Draft Regulatory Impact Analysis.” July 2026. EPA-420-D-26-002.
                        </P>
                    </FTNT>
                    <GPH SPAN="3" DEEP="122">
                        <GID>EP14JY26.001</GID>
                    </GPH>
                    <GPH SPAN="3" DEEP="144">
                        <PRTPAGE P="43159"/>
                        <GID>EP14JY26.002</GID>
                    </GPH>
                    <P>
                        In section VII of this preamble, the EPA presents the combined emissions impacts of the proposed revisions in calendar years 2030, 2040, 2045, and 2055,
                        <SU>9</SU>
                        <FTREF/>
                         which are summarized in Table I-3.
                    </P>
                    <FTNT>
                        <P>
                            <SU>9</SU>
                             The 2023 Final Rule inventory analysis included calendar years up to 2045. For this proposed rule, the EPA extended analysis years to 2055 to better reflect the impact of fleet turnover further into the future.
                        </P>
                    </FTNT>
                    <GPH SPAN="3" DEEP="93">
                        <GID>EP14JY26.003</GID>
                    </GPH>
                    <P>
                        The EPA estimates that the 2023 Final Rule, as amended by this proposal, would continue to reduce the onroad heavy-duty NO
                        <E T="52">X</E>
                         inventory in 2055 by about 42 percent—over 260,000 tons of NO
                        <E T="52">X</E>
                        —compared to the 2055 heavy-duty NO
                        <E T="52">X</E>
                         inventory without the 2023 Final Rule. The proposed amendments would retain nearly 90 percent of the NO
                        <E T="52">X</E>
                         reductions originally projected to result from the 2023 Final Rule because the more stringent standards and more representative test cycles finalized in the 2023 Final Rule remain in place.
                    </P>
                    <HD SOURCE="HD1">II. Introduction</HD>
                    <HD SOURCE="HD2">A. Background</HD>
                    <P>
                        In January 2023, EPA adopted the 2023 Final Rule, which included new, more stringent emission standards for NO
                        <E T="52">X</E>
                        , PM, HC, and CO for MYs 2027 and later heavy-duty highway engines.
                        <SU>10</SU>
                        <FTREF/>
                         The 2023 Final Rule also changed key provisions of the existing heavy-duty emissions control program, including test procedures, regulatory useful life, emission-related warranty, and other requirements. Additionally, the 2023 Final Rule included changes to maintenance, serviceability, and certain inducement provisions.
                    </P>
                    <FTNT>
                        <P>
                            <SU>10</SU>
                             88 FR 4296 (Jan. 24, 2023).
                        </P>
                    </FTNT>
                    <HD SOURCE="HD2">B. Response to the 2023 Final Rule</HD>
                    <P>
                        On March 12, 2025, the EPA Administrator announced that the Agency would reevaluate the 2023 Final Rule.
                        <SU>11</SU>
                        <FTREF/>
                         Following this announcement, the EPA heard concerns from truck and engine manufacturers, the component supply industry, and truck users, trucking fleets, and truck dealerships, about the expected cost increases associated with the 2023 Final Rule's changes to the emission-related warranty and regulatory useful life periods (the Agency also received comments from a number of these stakeholders raising concerns with the potential high costs during the development of the 2023 Final Rule). The EPA has also identified several areas where amending specific test procedures and other compliance provisions could support the implementation of the MY 2027 program.
                    </P>
                    <FTNT>
                        <P>
                            <SU>11</SU>
                             U.S. Environmental Protection Agency. (2025). “EPA Launches Biggest Deregulatory Action in U.S. History.” 
                            <E T="03">https://www.epa.gov/newsreleases/epa-launches-biggest-deregulatory-action-us-history.</E>
                        </P>
                    </FTNT>
                    <P>
                        Since the 2023 Final Rule was finalized, truck and engine manufacturers as well as the component supply industry have been preparing to meet the MYs 2027 and later NO
                        <E T="52">X</E>
                        , PM, HC, and CO standards and other requirements. Over the past year, most truck and engine manufacturers have communicated to the EPA that they will have a full lineup of products ready to meet the MY 2027 standards. However, some truck and engine manufacturers and the broader industry, including trucking fleets and dealers, have raised concerns with the overall costs of new vehicles resulting from the 2023 Final Rule.
                    </P>
                    <P>
                        In the 2023 Final Rule, the EPA projected that up to 50 percent of the program costs can be attributed to the longer emission-related warranty periods.
                        <SU>12</SU>
                        <FTREF/>
                         Considering that the length of the emission-related warranty period does not factor into the stringency or feasibility of the standards and would not impact engine manufacturer's investments and production plans, the EPA considers a reduction in the emission-related warranty periods to be a straightforward cost-saving opportunity for engine manufacturers, truck dealerships, and trucking fleets regarding the potential purchase price increases due to the longer emission-related warranty periods.
                    </P>
                    <FTNT>
                        <P>
                            <SU>12</SU>
                             See the indirect cost calculations presented in Chapter 7.1.2 of the 2023 Final Rule RIA. Control of Air Pollution from New Motor Vehicles: Heavy-Duty Engine and Vehicle Standards Regulatory Impact Analysis. December 2022. EPA-420-R-22-035.
                        </P>
                    </FTNT>
                    <PRTPAGE P="43160"/>
                    <P>In preparation for meeting the longer useful life periods promulgated under the 2023 Final Rule, most manufacturers have successfully initiated durability testing for MY 2027 certification, which is used to demonstrate that their engines maintain emission performance and meet the standards through the full useful life. However, several manufacturers have expressed concern with increased in-use compliance risk of the longer useful life periods established in the 2023 Final Rule. These manufacturers have noted that they are confident in the performance of their chosen technology pathway to meet the MY 2027 standards over the longer useful life in the laboratory, but they are less certain about how the technology will perform over the longer periods in real-world operation.</P>
                    <P>
                        Some engine manufacturers have also expressed concerns with the MY 2027 longer useful life as it impacts the near-term use of NO
                        <E T="52">X</E>
                         emission credits under the EPA's averaging, banking, and trading (ABT) program. Relative to credits generated using pre-MY 2027 useful life periods, manufacturers would have to use more credits to apply them to MYs 2027 and later engines, which would accelerate depletion of their credit banks. This accelerated depletion can be especially challenging as manufacturers transition to more stringent standards under a compliance program that also includes new test procedures and other requirements.
                    </P>
                    <P>
                        In the 2023 Final Rule, the EPA recognized that low-volume specialized vocational vehicles, such as fire trucks, refuse trucks, concrete mixers, emergency vehicles, heavy-haul tractors, and custom-chassis motor homes, can require more extensive redesign to integrate aftertreatment systems needed to meet the MY 2027 standards. In response to concerns that manufacturers needed additional lead time for certain low-volume products, the EPA finalized an interim provision for MYs 2027 through 2029 that allows manufacturers to use NO
                        <E T="52">X</E>
                         emission credits generated under the existing ABT program to certify up to five percent of their production volume of Heavy HDE compliant at pre-MY 2027 requirements.
                        <SU>13</SU>
                        <FTREF/>
                         As manufacturers considered how to apply this five percent production volume allowance for their products, the EPA heard from some manufacturers that they have engines intended for low-volume specialty vehicles, such as refuse trucks, urban buses, motorcoaches, and fire trucks, that would qualify for this allowance, but they do not have sufficient NO
                        <E T="52">X</E>
                         credit balances to use the existing flexibility.
                    </P>
                    <FTNT>
                        <P>
                            <SU>13</SU>
                             Specifically, this allowance is limited to five percent of a manufacturer's U.S.-directed production volume of Heavy HDE from MYs 2023 through 2025.
                        </P>
                    </FTNT>
                    <P>
                        The EPA notes that most engine manufacturers are on track to meet the MY 2027 standards. The EPA acknowledges that there was substantial work required to meet these standards, including implementing new technologies and demonstrating compliance with new test procedures.
                        <SU>14</SU>
                        <FTREF/>
                         The technologies manufacturers have chosen for this program range from specific upgrades to the existing emissions control technologies to more comprehensive upgrades that coincide with the development and launch of entirely new engine platforms. The EPA is aware that some manufacturers' MY 2027 Medium HDE and Heavy HDE development programs have experienced technical challenges, and that some diesel engine families are at risk of not being completed in time for a January 2027 introduction (see section IV.A of this preamble). Consequently, these manufacturers have requested that the EPA establish NCPs under CAA section 206(g), which would allow them to continue to sell their current products while they complete the development of the engines compliant with the MY 2027 standards. The EPA is therefore proposing to establish NCPs for diesel-fueled Medium HDE and Heavy HDE for the MY 2027 NO
                        <E T="52">X</E>
                         standards.
                    </P>
                    <FTNT>
                        <P>
                            <SU>14</SU>
                             The EPA is not reopening MYs 2027 and later test procedures except in the limited ways specifically proposed in section III.E of this preamble, regarding targeted technical amendments to correct or add clarification.
                        </P>
                    </FTNT>
                    <P>
                        The 2023 Final Rule mandated manufacturers to initiate an engine performance derate, or inducement, to address concerns with DEF quality, DEF supply, and tampering. On August 12, 2025, the Administrator also stated the EPA's intention to further improve operator experience with diesel engines using SCR systems, including assessing whether engine performance derates may no longer be necessary for compliance.
                        <SU>15</SU>
                        <FTREF/>
                         In response to the Administrator's announcement and feedback and concerns that the EPA continues to receive regarding the impact of DEF inducements, the Agency began revisiting the questions and principles discussed in the 2023 Final Rule, including how restrictive inducements should be to provide a reasonable basis for demonstrating that operators would continue to add quality DEF in tanks and not tamper with SCR systems.
                    </P>
                    <FTNT>
                        <P>
                            <SU>15</SU>
                             U.S. Environmental Protection Agency. (2025). “At Iowa State Fair, EPA Administrator Zeldin Announces Diesel Exhaust Fluid (DEF) Fix.” 
                            <E T="03">https://www.epa.gov/newsreleases/iowa-state-fair-epa-administrator-zeldin-announces-diesel-exhaust-fluid-def-fix.</E>
                        </P>
                    </FTNT>
                    <P>In addition to the emission-related warranty, useful life, production allowance, and inducement elements from the 2023 Final Rule, the EPA, manufacturers, and other stakeholders have identified several areas where amending the specific test procedures and other compliance provisions could improve the overall accuracy, repeatability, and clarity of the regulations without changing the stringency of the standards.</P>
                    <HD SOURCE="HD2">C. Summary of the Proposal</HD>
                    <P>
                        As noted previously, most engine manufacturers are on track to meet the MY 2027 standards. Therefore, the EPA is not reopening the MYs 2027 and later NO
                        <E T="52">X</E>
                        , PM, HC, and CO standards in this rulemaking.
                    </P>
                    <P>
                        The EPA is proposing targeted revisions to the emission-related warranty, the regulatory useful life, and the five percent production volume allowance finalized in the 2023 Final Rule. These revisions are intended to reduce costs that could otherwise be passed on to customers as increased purchase prices. In section III.A of this preamble, the EPA describes the Agency's proposal to shorten the emission-related warranty periods for MY 2027s and later engines to the values that apply to MY 2026 and earlier engines. In section III.B of this preamble, the EPA also proposes to delay implementation of the MYs 2027 and later engines' useful life periods to instead start in MY 2030. As such, the current MY 2026 and earlier useful life periods would continue to apply through MY 2029. As described in section III.C of this preamble, the EPA is continuing the existing allowance for manufacturers to produce up to five percent of their U.S.-directed production volume of Heavy HDE that is compliant with pre-2027 requirements, but proposes to remove the requirement to use NO
                        <E T="52">X</E>
                         credits. These targeted revisions are expected to reduce the program costs (see section VI of this preamble), while limiting the impact on manufacturers' current production plans and retaining the majority of the projected emissions reductions from the 2023 Final Rule (see section VII.B of this preamble).
                    </P>
                    <P>
                        As described in section IV of this preamble, the EPA is also proposing to establish NCPs for certain categories of compression-ignition heavy-duty engines. Specifically, the EPA proposes NCPs for the Medium HDE and Heavy HDE categories.
                        <PRTPAGE P="43161"/>
                    </P>
                    <P>The EPA is also proposing to replace engine performance derates for SCR-related inducements with visible and/or audible notifications. These new inducement provisions would apply to new heavy-duty highway engines as well as new light-duty and medium-duty vehicles and nonroad diesel engines (see section V of this preamble).</P>
                    <P>
                        Finally, as described in section III.E of this preamble, the EPA has also identified several additional amendments that would improve the heavy-duty engine programs.
                        <SU>16</SU>
                        <FTREF/>
                         The EPA is proposing specific targeted amendments to correct or add clarification to several test procedures, including the deterioration factor procedure for durability testing, the in-use moving average window procedure for off-cycle testing, the optional engine idle procedure, and the vanadium sublimation procedure for vanadium-based catalyst systems. The EPA is proposing amendments to align the heavy-duty powertrain testing and PM background correction procedures with the light-duty vehicle procedures to limit test burden for manufacturers that certify both light- and heavy-duty products. The EPA is proposing an amendment to extend an allowance for a limited number of qualifying hybrid specialty vehicles to use engines certified to alternative emission standards until MY 2030 under certain conditions. The EPA is also proposing targeted amendments to the onboard diagnostic system requirements that are intended to improve user experiences with MYs 2027 and later emission controls.
                    </P>
                    <FTNT>
                        <P>
                            <SU>16</SU>
                             It is important to note that while this proposed rule includes a range of specific, targeted amendments to the regulations, the EPA is otherwise not reopening those provisions and is neither proposing nor seeking comment on the underlying standards or program requirements.
                        </P>
                    </FTNT>
                    <HD SOURCE="HD2">D. Legal Authority</HD>
                    <P>
                        Statutory authority for this proposed action comes from the CAA (42 U.S.C. 7401-7675). In this proposed action, the EPA is proposing to amend the emission-related warranty, regulatory useful life, and certain other provisions for MYs 2027 and later heavy-duty engines under CAA sections 202, 203, 206, 207, and 216. Unless provided otherwise by statute, an agency may revise or rescind prior actions so long as it acknowledges the change in position, provides a reasonable explanation for the new position, and considers legitimate reliance interests in the prior position.
                        <SU>17</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>17</SU>
                             See 
                            <E T="03">FDA</E>
                             v. 
                            <E T="03">Wages &amp; White Lion Invs., L.L.C.,</E>
                             604 U.S. 542 (2025); 
                            <E T="03">FCC</E>
                             v. 
                            <E T="03">Fox Television Stations, Inc.,</E>
                             556 U.S. 502 (2009); 
                            <E T="03">Motor Vehicle Mfrs. Ass'n</E>
                             v. 
                            <E T="03">State Farm Mut. Auto. Ins. Co.</E>
                            , 463 U.S. 29 (1983); 
                            <E T="03">Clean Air Council</E>
                             v. 
                            <E T="03">Pruitt,</E>
                             862 F.3d 1, 8 (D.C. Cir. 2017) (“Agencies obviously have broad discretion to reconsider regulations at any time”).
                        </P>
                    </FTNT>
                    <HD SOURCE="HD2">E. Reliance Interests</HD>
                    <P>The EPA understands that companies have previously planned for the MY 2027 start date for the MYs 2027 and later heavy-duty engine emission standards and related program requirements.</P>
                    <P>The EPA acknowledges that this proposal would, if finalized, change the Agency's previous assessments in the 2023 Final Rule with respect to the emission-related warranty, regulatory useful life, and other program elements. The EPA notes that this proposal does not change the emission standards and related test cycles established in the 2023 Final Rule for MY 2027 and later. As explained throughout this preamble, the EPA believes this change in position is necessary. The EPA believes that the revisions proposed in this action relieve obligations in a manner that promotes compliance and cost savings without undermining existing investments in compliance. Nevertheless, the EPA requests comment on whether regulated parties have any significant reliance interests with respect to the changes in emission-related warranty, regulatory useful life, and other program elements contained in this proposal. (C-1).</P>
                    <P>The EPA further understands that other interested parties may have relied on the MY 2027 heavy-duty program for independent purposes, including compliance with relevant National Ambient Air Quality Standards (NAAQS) and related planning obligations, among others. The EPA believes that the relatively small foregone emissions reductions involved in this proposed revision, coupled with the relatively short amount of time that has passed since promulgation of the 2023 Final Rule, means that such interests do not supersede the Agency's obligation to ensure that program elements are appropriate and reflect technical and market realities. Moreover, the EPA notes that emissions from mobile sources are just one consideration among many involved in planning to attain the NAAQS and related obligations. Nevertheless, the EPA requests comment on such reliance interests and how such interests should be taken into account in any final action on this proposal. (C-2).</P>
                    <P>The EPA requests comment on the nature and extent of any other reliance interests that may arise from this proposed action and is committed to assessing any such interests, determining whether they are significant, and weighing such interests against competing rationales, as required by law. (C-3).</P>
                    <HD SOURCE="HD1">III. Proposed Compliance Provisions and Test Procedures</HD>
                    <P>The EPA is proposing targeted revisions to the 2023 Final Rule to aid in the implementation of the MYs 2027 and later HD engine criteria pollutant emissions program, reduce the cost of the program, and improve operator experiences. The proposed changes include continuing the MY 2026 and earlier emission-related warranty periods for MYs 2027 and later engines, delaying the implementation of the MY 2027 useful life periods by three years, and targeted revisions to ABT credit flexibilities. The EPA is also proposing discrete revisions to correct and/or clarify certain identified regulatory provisions. This section III describes the proposed revisions.</P>
                    <HD SOURCE="HD2">A. Emission-Related Warranty</HD>
                    <P>The emission-related warranty period is the period over which CAA section 207 requires an engine manufacturer to warrant to a purchaser that: (1) the engine is designed, built, and equipped so as to conform with applicable regulations under CAA section 202 and (2) is free from defects in materials or workmanship which would cause the engine not to conform with applicable regulations for the warranty period. If an emission-related component fails during the regulatory emission-related warranty period, the manufacturer is required to pay for the cost of repair or replacement. A manufacturer's general emission-related warranty responsibilities are currently set out in 40 CFR 1068.115. Note that while an emission-related warranty provides protection to the owner against emission-related repair costs during the warranty period, the owner is responsible for properly maintaining the engine (40 CFR 1068.110(e)), and the manufacturer may deny warranty claims for failures caused by the owner's or operator's improper maintenance or use (40 CFR 1068.115(a)).</P>
                    <P>
                        In the 2023 Final Rule, the EPA finalized increases in the emission-related warranty periods for MYs 2027 and later engines, as shown in Table III-1, which relied on three primary justifications.
                        <SU>18</SU>
                        <FTREF/>
                         First, the EPA expected longer emission-related warranty periods would lead owners to continue to maintain their engines and vehicles over a longer period of time, which would ensure longer-term benefits of emission controls. Second, the EPA 
                        <PRTPAGE P="43162"/>
                        noted that manufacturers may be more incentivized to simplify complex components to reduce in-use failures if they were responsible for repairs over longer periods. Finally, the EPA projected that longer warranty periods would allow manufacturers to have access to better defect information over a period of time more consistent with engine useful life. Manufacturers are currently required to track and report defects to the EPA under the defect reporting provisions of 40 CFR part 1068. Under 40 CFR 1068.501(b), manufacturers investigate possible defects whenever a warranty claim is submitted for a component and can monitor defect information from dealers and repair shops that perform those warranty repair services. After the emission-related warranty period ends, a manufacturer would not necessarily know about these defects, since repair facilities are less likely to be in contact with the manufacturers and less likely to use original equipment manufacturer (OEM) parts.
                    </P>
                    <FTNT>
                        <P>
                            <SU>18</SU>
                             88 FR at 4364.
                        </P>
                    </FTNT>
                    <GPH SPAN="3" DEEP="110">
                        <GID>EP14JY26.004</GID>
                    </GPH>
                    <P>The EPA is reconsidering the longer emission-related warranty periods in light of new information on costs and potential impact on purchase price. The EPA proposes that the relatively small long-term emission reductions projected for longer emission-related warranty periods (see section VII of this preamble) and the uncertain long-term improvements to component quality and serviceability that the Agency previously used to justify the longer warranty periods do not outweigh the costs and potential impact on purchase price.</P>
                    <P>
                        The 2023 Final Rule estimated the increased emission-related warranty costs per year for the vehicle regulatory classes represented in EPA's Motor Vehicle Emission Simulator (MOVES) model,
                        <SU>19</SU>
                        <FTREF/>
                         which generally match the primary intended service classes of vehicles in EPA's regulations. The EPA also estimated the age at which the range of MOVES heavy-duty vehicle regulatory classes would reach their emission-related warranty limit based on their projected mileage accumulation.
                        <SU>20</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>19</SU>
                             The EPA inventory analysis for this proposal was performed using a regulatory version of the Agency's MOVES model, known as MOVES5.R2, which was derived from the latest public version (MOVES5) with the updates described in Chapter 2.2 of the DRIA for this proposed rule.
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>20</SU>
                             These costs were presented in Tables 7-14 through 7-17 of the 2023 Final Rule RIA. See Control of Air Pollution from New Motor Vehicles: Heavy-Duty Engine and Vehicle Standards, Regulatory Impact Analysis. December 2022. EPA-420-R-22-035.
                        </P>
                    </FTNT>
                    <P>
                        In the 2023 Final Rule, the EPA projected significant NO
                        <E T="52">X</E>
                         emission reductions in calendar year 2045 from vehicles subject to the MYs 2027 and later standards and other requirements.
                        <SU>21</SU>
                        <FTREF/>
                         The NO
                        <E T="52">X</E>
                         emission reductions attributable to the lengthened emission-related warranty periods were relatively small compared to the reductions due to the more stringent standards and more representative test cycles also finalized under that program. While the EPA did not separately present the contributions from each program element in the 2023 Final Rule, the Agency is updating the analysis in this proposed rule to include the contributions of the program elements we are proposing to revise (see section VII of this preamble). By removing the longer emission-related warranty periods, the EPA projects NO
                        <E T="52">X</E>
                         emissions would increase by approximately 36,000 tons in calendar year 2055. In the same year, the EPA estimates that the remainder of the 2023 Final Rule program is projected to reduce NO
                        <E T="52">X</E>
                         emissions by approximately 260,000 tons relative to the standards and requirements in place for MY 2026 and earlier engines. The proposed changes to emission-related warranty periods would reduce the NO
                        <E T="52">X</E>
                         emission benefits estimated in the 2023 Final Rule by 12 percent in calendar year 2055.
                    </P>
                    <FTNT>
                        <P>
                            <SU>21</SU>
                             See Table VI-1 of the 2023 Final Rule (88 FR 4418, Jan. 24, 2023).
                        </P>
                    </FTNT>
                    <P>In response to the new emission standards for the MY 2027 program, manufacturers have added technology that qualifies as emission-related components covered under warranty. For any new emission-related components, manufacturers project purchase price adjustments to cover anticipated warranty costs, which would have resulted in a higher warranty cost pursuant to the 2023 Final Rule. By lengthening emission-related warranty periods in addition to adopting new emission standards for the MY 2027 program, the 2023 Final Rule has required manufacturers to adjust their MYs 2027 and later warranty costs to cover the new technology, as well as costs to cover the emission-related components already on their engines for longer coverage periods.</P>
                    <P>
                        In the 2023 Final Rule, emission-related warranty costs were the largest individual contributor to the per-vehicle cost increases and the total program costs. Since the 2023 Final Rule, the EPA has met with manufacturers and has learned that the emission-related warranty costs could be significantly higher for certain applications. In the case of the Heavy HDE category, OEMs have shared that the cost increase for just the emission-related warranty could exceed $15,000 for some engines intended for use in low-mileage vocational vehicles for which the engine would be covered by warranty until the 10 year limit.
                        <SU>22</SU>
                        <FTREF/>
                         Commenters on the proposal to the 2023 Final Rule, including engine manufacturers, suppliers, purchasers, and industry trade associations, stated that emission-related warranty costs are generally passed on to customers in the vehicle purchase price, and they noted that such an increase could impact vehicle sales.
                        <SU>23</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>22</SU>
                             This is consistent with the 2023 Final Rule emission-related warranty cost analysis that estimated warranty costs are approximately $1,000 per year.
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>23</SU>
                             See sections 4 and 25 of the EPA's summary and response to comments on the proposal to the 2023 Final Rule. “Control of Air Pollution from New Motor Vehicles: Heavy-Duty Engine and Vehicle Standards Response to Comments.” EPA-420-R-22-036. December 2022.
                        </P>
                    </FTNT>
                    <PRTPAGE P="43163"/>
                    <P>
                        Longer emission-related warranties may not align with the preferences or usage patterns of all purchasers. In comments on the proposal to the 2023 Final Rule, American Trucking Associations (ATA) noted that certain fleets purchase extended warranties based upon the unique business models and financial means of each company.
                        <SU>24</SU>
                        <FTREF/>
                         ATA stated that fleets with short turnover cycles for their vehicles should not be required to purchase warranties that exceed their mileage needs and that such a requirement may have the unintended consequence of some fleets retaining their current trucks longer. In response to this comment in the 2023 Final Rule, the EPA noted that, to the extent that fleets currently base their shorter turnover cycle on the EPA emission-related warranty periods, the Agency expected those fleets to consider adjusting their current business model to accommodate the longer warranties in the 2023 Final Rule.
                        <SU>25</SU>
                        <FTREF/>
                         In reconsidering the longer emission-related warranty periods, the EPA acknowledges that the shorter, pre-2026 warranty periods would allow these companies to continue to opt for additional warranty coverage if it meets their specific operational requirements, which would reduce the influence of the warranty as a factor a business might consider when deciding whether to purchase a new vehicle.
                        <SU>26</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>24</SU>
                             Comments of the American Trucking Associations: On the Control of Air Pollution from New Motor Vehicles: Heavy-Duty Engine and Vehicle Standards Proposed Rule. EPA-HQ-OAR-2019-0055-1326-A1. Pages 11-17.
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>25</SU>
                             See section 18.3 of the EPA's summary and response to comments on the proposal to the 2023 Final Rule. “Control of Air Pollution from New Motor Vehicles: Heavy-Duty Engine and Vehicle Standards Response to Comments.” December 2022. EPA-420-R-22-036. p. 1147.
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>26</SU>
                             While the required emission-related warranty period for manufacturers is proposed to be shortened, the post-warranty period for which owners would be responsible for emission-related repairs would be lengthened. The increased emission-related repair costs associated with the proposed warranty periods are reflected in the operating costs of the EPA's cost analysis. See Chapter 3 of the DRIA for this proposed rule.
                        </P>
                    </FTNT>
                    <P>In consideration of the cost impacts, potential increased purchase price and reduced warranty coverage options for purchasers, and the associated, relatively small emissions impact compared to the full scope of the 2023 Final Rule, the EPA proposes to retain the MY 2026 emission-related warranty periods for MYs 2027 and later. This proposal is based on the recognition that maintaining the much longer emission-related warranty for MYs 2027 and later will significantly increase the manufacturer costs and consumer prices for a relatively small emissions benefit. The EPA believes that the emission-related warranty periods in place for MY 2026 and earlier engines would continue to ensure that the regulated industry would design and warrant robust emission control technologies while allowing commercial truck purchasers to make their own decisions on the need to purchase extended warranties (which many purchasers do today).</P>
                    <HD SOURCE="HD2">B. Regulatory Useful Life Periods</HD>
                    <P>
                        Useful life represents the period over which emission standards apply to certified engines, and, practically, any difference between the regulatory useful life and the generally longer operational life of in-use engines represents miles and years of operation without an assurance that emission standards will continue to be met. For the EPA's heavy-duty highway engine program, useful life periods vary by engine class to reflect the different lengths of their estimated operational lives. As described in the 2023 Final Rule, the EPA considers operational life to be the average mileage at rebuild for compression-ignition engines (
                        <E T="03">i.e.,</E>
                         engines typically fueled by diesel or natural gas) and the average mileage at replacement for spark-ignition engines (
                        <E T="03">i.e.,</E>
                         engines typically fueled by gasoline or liquefied petroleum gas).
                    </P>
                    <GPH SPAN="3" DEEP="110">
                        <GID>EP14JY26.005</GID>
                    </GPH>
                    <P>The MYs 2026 and earlier useful life periods have been in place since 2004, and manufacturers have had decades to refine their durability demonstrations and understand the in-use durability of their emission controls over those periods. The new useful life periods require manufacturers to demonstrate at the time of certification that the emission controls on their MYs 2027 and later engines are durable over the longer periods. Additionally, the new emission standards, which the EPA is not reopening in this proposed rule, will apply to the applicable useful life periods, and manufacturers are responsible for ensuring that their engines will meet the standards in-use over those useful life periods.</P>
                    <P>
                        The EPA included flexibilities in the 2023 Final Rule to limit additional certification test burden and in-use uncertainty due to the longer useful life periods. The EPA finalized a new durability test procedure that allows manufacturers to accelerate the aging of their emission controls to capture the additional time without a proportionally increased test burden. Manufacturers are actively applying the accelerated aging procedures for their MY 2027 engine certification and the EPA continues to receive data on those activities.
                        <SU>27</SU>
                        <FTREF/>
                         In terms of in-use uncertainty, the EPA finalized a 15 milligrams per brake horsepower-hour (mg/hp·hr) in-use compliance margin for Medium HDE and Heavy HDE for in-use testing of engines to the laboratory-based duty cycles and off-cycle test procedures,
                        <SU>28</SU>
                        <FTREF/>
                         and also added an accuracy margin to address uncertainty in the portable emissions measurement equipment used for onroad in-use testing.
                        <SU>29</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>27</SU>
                             In section III.E.1 of this preamble, the EPA proposes clarifications and corrections resulting from EPA and manufacturer experiences in applying these new procedures.
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>28</SU>
                             88 FR 4334.
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>29</SU>
                             88 FR 4353.
                        </P>
                    </FTNT>
                    <P>
                        In meetings with manufacturers over the past year about their readiness for the MY 2027 program, some 
                        <PRTPAGE P="43164"/>
                        manufacturers have indicated that they are on target to meet the requirements of the longer useful life periods, including in-use performance. Other manufacturers noted they can potentially meet the certification requirements but expressed concern with the uncertainty of in-use performance of their new technologies over the full useful life for the range of vehicle applications. Manufacturers suggest that a shorter useful life would give them more time to evaluate their new technologies in the real world and more confidence in the in-use durability over the longer useful life periods.
                    </P>
                    <P>In response to industry feedback and the credible information shared about their technological readiness, the EPA proposes a three-year delay in the implementation of the increased useful life periods for heavy-duty engines shown in Table III-2. Specifically, the EPA proposes that the new useful life periods would apply beginning in MY 2030. This proposed implementation delay is intended to mitigate manufacturer concerns regarding compliance uncertainties for the extended period over which manufacturers have limited data and provide manufacturers with additional lead time to refine emission control systems before the engines are subject to the longer regulatory useful life.</P>
                    <P>Delaying the longer regulatory useful life periods would provide heavy-duty engine manufacturers with time to collect durability data on their in-use engines with the new technologies without having to manage the risks and burdens of a potential engine recall due to exceeding the emission standards during the longer useful life periods. Manufacturers have spent four or more years developing and testing engines, both in the laboratory and in vehicles with their low volume pre-production engines, to ensure that their engines will be durable and able to meet the standards for the longer useful life. However, since this development has been limited to pre-production engines, no company has real-world data on MY 2027 production hardware over the range of applications in which these engines may be used. Manufacturers have thorough development processes to test their products under conditions that reflect some of the most challenging real-world operations, and there is additional experience which will be gained with production engines in the real-world with the diversity of the engines' applications. Under the proposed delay of the longer regulatory useful life periods to MY 2030, manufacturers will be able to gain this real-world, in-use experience through three years of production engines subject to the MY 2027 standards. The proposed delay would provide additional lead time during which manufacturers can refine their engines and emission controls over the expanded operating conditions covered in the MYs 2027 and later program at the current useful life periods. This is intended to increase manufacturers' confidence that their products will comply with the standards for the duration of the longer useful life periods.</P>
                    <P>As shown in section VII of this preamble and Chapter 2 of the DRIA for this proposed rule, the EPA projects that the proposed delay in the lengthened useful life periods would have a minimal impact on the emissions inventory. To estimate the emissions inventory impacts, the EPA applied the shorter useful life periods for MY 2027 through MY 2029. The EPA believes this approach to estimating emissions impacts is conservative, because the timing of this proposed rule may limit the changes manufacturers would be willing to make to their engines prior to the start of production for MY 2027. The EPA expects most manufacturers will likely produce the same engines they have been preparing to manufacture for MY 2027; in fact, there is the potential that more new vehicles will be available for sale that would increase the probability that consumers will purchase newer vehicles that have a better emissions profile relative to their existing vehicles. In addition, because the proposal does not alter the emission standards, manufacturers will be motivated to gain as much real-world experience with the technology needed to meet the standards at the longer useful life. Therefore, the EPA does not expect engines to be less durable under this proposed change.</P>
                    <P>
                        Based on discussions with individual engine manufacturers, the EPA expects the manufacturers that are currently prepared to certify engines meeting the longer useful life periods would equally benefit from the longer lead time to design their engines to address any uncertainties they may have regarding their in-use compliance. However, the EPA recognizes that the Agency must consider, and correspondingly propose to address, discrepancies that would result relating to durability testing that manufacturers may have already completed at the longer useful life periods. The EPA is proposing two methods under a new interim provision in 40 CFR 1036.150, which would apply to MY 2027 through MY 2029, depending on whether the manufacturer included an emissions test point at the useful life periods that apply to MYs 2026 and earlier (
                        <E T="03">e.g.,</E>
                         equivalent to 435,000 miles for Heavy HDE) or if they only conducted the test to the full MYs 2027 and later useful life (
                        <E T="03">e.g.,</E>
                         equivalent to 650,000 miles for Heavy HDE). If available, the EPA is proposing under this interim provision that manufacturers must use test data from the point that is equivalent to the useful life periods that apply to MYs 2026 and earlier. If manufacturers did not collect data at that point, the EPA would allow manufacturers to interpolate their data to the shorter useful life periods that apply to MYs 2026 and earlier using the data at the low-hour and longer useful life test points. The EPA requests comment on this interim provision. (C-4).
                    </P>
                    <P>With this proposed change to useful life, there would likely be a reduction in manufacturers' costs. As stated above, the EPA does not expect manufacturers who have products ready for MY 2027 to change their emissions control technology plans for the MYs 2027 through 2029 period because of this proposed change. However, manufacturers that have not completed their durability demonstration for the longer useful life may choose to stop the demonstration at the current useful life values, which could result in a small reduction in testing costs that manufacturers could pass on to their customers. For this proposal, the EPA has taken a conservative approach to estimating the cost impacts of the proposed change to useful life by projecting no change in costs. The EPA requests comments on the cost savings from this provision. (C-5). See section VI of this preamble and Chapter 3 of the DRIA for this proposed rule for more details on the estimated cost impacts of the proposed change to useful life.</P>
                    <P>
                        Finally, the EPA notes that useful life also plays a role in manufacturers' credit balances for those companies participating in the ABT program.
                        <SU>30</SU>
                        <FTREF/>
                         Useful life is a variable in the equation to calculate NO
                        <E T="52">X</E>
                         emission credits (see 40 CFR 1036.705(b)), and credits earned and used are proportional to useful life. For example, unless a manufacturer were to comply with the longer useful life periods early, credit, earned from a 150 mg NO
                        <E T="52">X</E>
                        /hp·hr Heavy HDE in MY 2022 to 2026 (
                        <E T="03">i.e.,</E>
                         50 mg/hp·hr below the standard) would be generated using a useful life of 435,000 miles, and if the credits were used to comply with an 65 mg NO
                        <E T="52">X</E>
                        /hp·hr Heavy HDE (
                        <E T="03">i.e.,</E>
                         30 mg/hp·hr above the standard) for MY 2027, the credits would be applied based on 
                        <PRTPAGE P="43165"/>
                        a useful life of 650,000 miles. Therefore, for Heavy HDE, credits would be used at a 1.49 times greater rate than earned for a useful life of 650,000 miles, for the same difference in mg of NO
                        <E T="52">X</E>
                         per hp·hr between the Family Emission Limit (FEL) and the standard. Delaying the increase in useful life periods will positively impact the NO
                        <E T="52">X</E>
                         credits manufacturers have accrued from selling MY 2022 and later engines that are over compliant with the pre-MY 2027 NO
                        <E T="52">X</E>
                         standard. The resulting lower credit usage rate for MYs 2027 and later will allow manufacturers to extend the use of credits already earned for a longer period and/or apply those credits to a larger volume of engines during the transition to lower standards.
                    </P>
                    <FTNT>
                        <P>
                            <SU>30</SU>
                             See Chapter 1 of the DRIA for this proposed rule.
                        </P>
                    </FTNT>
                    <P>In summary, the proposed delay for implementing the longer useful life periods, and the associated reduction in credit usage that would result, would afford manufacturers additional time to gain experience with new technologies and test procedures that will begin to apply in MY 2027. This additional time could allow for refining designs, optimizing performance, and ensuring reliability under a wide range of in-use operational conditions. Manufacturers could leverage this extended lead time to conduct further testing and validation, ensuring that innovations are not only compliant but also robust when the useful life is increased in MY 2030 under the proposed delay. By proposing this additional time, the EPA aims to balance the objectives of stringent emission standards with pragmatic considerations of industry readiness and corresponding uncertainties.</P>
                    <P>Finally, the EPA requests comment on indefinitely keeping the MY 2026 and earlier regulatory useful life periods for MYs 2027 and later. (C-6). Chapter 2 of the DRIA for this proposed rule presents a scenario that projects the emissions impacts of never extending the useful life periods. For this scenario, the EPA has not estimated cost savings due to changes in the emissions control technology. However, as discussed in Chapter 3 of the DRIA for this proposed rule, the EPA would expect manufacturers to change the design of the emissions controls if the Agency were to finalize indefinitely keeping the MY 2026 and earlier regulatory useful life periods for MYs 2027 and later. The EPA understands stakeholders could potentially have concerns that products meeting the longer useful life periods have not yet entered the market and thus there is still some uncertainty in the feasibility of the standards through the longer useful life periods for all real-world applications.</P>
                    <HD SOURCE="HD2">C. Production Volume Allowance</HD>
                    <P>
                        In the 2023 Final Rule, the EPA adopted an interim production volume allowance for MYs 2027 through 2029 in 40 CFR 1036.150(k) that allows manufacturers to use NO
                        <E T="52">X</E>
                         emission credits to certify a limited volume of Heavy HDE compliant with pre-MY 2027 requirements.
                        <SU>31</SU>
                        <FTREF/>
                         To aid in implementation, the EPA chose not to limit the production volume allowance to specific applications of Heavy HDE but did limit it to no more than five percent of the average U.S.-directed production volumes of Heavy HDE over three MYs. In the 2023 Final Rule, the EPA noted that such an allowance from the MY 2027 criteria pollutant standards may be necessary to provide engine and vehicle manufacturers with additional lead time and flexibility to redesign some low-volume vehicles to accommodate the technologies needed to meet the more stringent engine emission standards.
                    </P>
                    <FTNT>
                        <P>
                            <SU>31</SU>
                             Engines certified under this production volume allowance would meet the pre-MY 2027 engine provisions of 40 CFR part 86, subpart A.
                        </P>
                    </FTNT>
                    <P>
                        The EPA proposes to modify 40 CFR 1036.150(k) to not require the use of NO
                        <E T="52">X</E>
                         credits in MYs 2027 through 2029 for engines certified under the interim production volume allowance. Under this proposal, a manufacturer certifying up to five percent of its Heavy HDE U.S.-directed production volumes under 40 CFR 1036.150(k) would not be required to use NO
                        <E T="52">X</E>
                         credits to offset the negative credits associated with those engines. All other conditions of 40 CFR 1036.150(k) would remain in effect and the EPA is not proposing changes to those provisions in this proposal, including the five percent cap based on the MYs 2023 through 2025 U.S.-directed production volume average, the limitation to Heavy HDE, certification to the MY 2026 requirements in 40 CFR part 86, subpart A, the carryover-family requirement, declaration of a NO
                        <E T="52">X</E>
                         FEL at or below the standard set out in 40 CFR 86.007-11, and applicable reporting and recordkeeping.
                    </P>
                    <P>
                        The EPA is proposing this change because the Agency has heard from multiple engine manufacturers that they do not have sufficient NO
                        <E T="52">X</E>
                         credit balances to use the existing flexibility that was designed to provide additional lead time for low-volume vehicles applications that face unique engineering and packaging constraints.
                        <SU>32</SU>
                        <FTREF/>
                         Specialized vocational vehicles, such as fire trucks, refuse trucks, concrete mixers, emergency vehicles, heavy-haul tractors, urban buses, and custom-chassis motor homes can require more extensive redesign to integrate aftertreatment systems needed to meet the MY 2027 standards. In the 2023 Final Rule, the EPA received comments from manufacturers and vehicle builders who indicated that, for these applications, the timing and complexity of changes, especially where aftertreatment may need to be mounted off the frame rails or where space constraints are severe, can be more challenging than for mainstream linehaul tractor configurations.
                    </P>
                    <FTNT>
                        <P>
                            <SU>32</SU>
                             See Chapter 1 of the DRIA for this proposed rule.
                        </P>
                    </FTNT>
                    <P>
                        In the past year, the EPA has heard from a number of engine manufacturers and low-volume vehicle manufacturers that the challenges discussed in the 2023 Final Rule continue to exist, and additional time is needed for some specialized vocational vehicles. However, not all engine manufacturers have NO
                        <E T="52">X</E>
                         credits available to make use of the flexibility. Removing the requirement to use NO
                        <E T="52">X</E>
                         credits, within the other existing requirements including the five percent cap and limitation to Heavy HDE, would offer a practical, near-term flexibility to bridge these constraints without expanding the duration or volume of the allowance. In addition, due to the nature of the heavy-duty industry that has a limited number of engine manufacturers, the industry has made little use of the trading provisions in the ABT program. As described in Chapter 1 of the DRIA for this proposed rule, since MY 2012, only four NO
                        <E T="52">X</E>
                         emissions credit trades have occurred. The absence of trading and the limited banks of NO
                        <E T="52">X</E>
                         credits necessary for utilizing production volume allowance reduces its effectiveness as a flexibility and threatens the continued availability of the low volume HD vehicles for which the provision was intended to address. This situation further supports the proposed change to eliminate the requirement of using NO
                        <E T="52">X</E>
                         credits to access the interim production volume allowance.
                    </P>
                    <P>
                        The proposed change affects only up to five percent of U.S.-directed Heavy HDE production in MYs 2027 to 2029 and would have a small impact on the emissions inventory. All other engines would remain subject to the MY 2027 standards, and engines certified under the allowance would still meet the MY 2026 requirements. This approach preserves the core emissions benefits of the 2023 Final Rule while addressing discrete implementation needs. See section VII of this preamble and Chapter 2 of the DRIA for this proposed rule for more details on the estimated emissions impacts of the proposed change to 40 CFR 1036.150(k).
                        <PRTPAGE P="43166"/>
                    </P>
                    <P>
                        The EPA requests comment on the proposed change to the MYs 2027-2029 allowance under 40 CFR 1036.150(k), including whether it appropriately balances the implementation needs and protection of emissions benefits. (C-7). The EPA also requests comment on whether this flexibility should apply to fewer MYs (
                        <E T="03">e.g.,</E>
                         only MY 2027, or MYs 2027 and 2028), or more MYs (
                        <E T="03">e.g.,</E>
                         also MY 2030 or beyond). The EPA also requests comment on whether the five percent cap should be lower or higher, and if the cap should remain constant or phase down over time. See section III.D for other credit flexibilities the EPA may consider to lower compliance costs and make implementation of standards smoother.
                    </P>
                    <HD SOURCE="HD2">D. Credit Flexibilities</HD>
                    <P>
                        In the 2023 Final Rule, the EPA established NO
                        <E T="52">X</E>
                         FEL caps at 65 mg/hp·hr for MYs 2027 through 2030 and 50 mg/hp·hr for MYs 2031 and later. This prevents a manufacturer from certifying an engine with NO
                        <E T="52">X</E>
                         emissions greater than the FEL cap, even if a manufacturer has enough emission credits to continue producing a type of engine that is greater than the FEL caps.
                    </P>
                    <P>
                        In addition to establishing FEL caps, the 2023 Final Rule also restricts NO
                        <E T="52">X</E>
                         credits that can be used in MYs 2027 and later to those credits earned beginning in MY 2022. NO
                        <E T="52">X</E>
                         credits from MYs 2021 and earlier can be used through MY 2026, but not beyond. The 2023 Final Rule also retained the EPA's historical approach of separate averaging sets based on primary intended service class: heavy-duty spark-ignition engines (Spark-Ignition HDE), light heavy-duty engines (Light HDE), Medium HDE, and Heavy HDE. NO
                        <E T="52">X</E>
                         emissions ABT is only allowed within each of these averaging sets; that is, no emissions can be averaged or traded between the categories. Additional information on the 2023 Final Rule ABT program provisions, as well as the industry NO
                        <E T="52">X</E>
                         emissions credit banks through MY 2024, can be found in Chapter 1 of the DRIA for this proposal.
                    </P>
                    <P>
                        In the past year, multiple regulated entities requested the EPA modify the NO
                        <E T="52">X</E>
                         ABT program for MYs 2027 and later. This section III.D summarizes and solicits comment on whether to increase the NO
                        <E T="52">X</E>
                         FEL cap, allow the use of NO
                        <E T="52">X</E>
                         credits across engine service classes (
                        <E T="03">i.e.,</E>
                         Spark-Ignition HDE, Light HDE, Medium HDE, and Heavy HDE), and allow the use of NO
                        <E T="52">X</E>
                         emission credits generated prior to MY 2022.
                    </P>
                    <HD SOURCE="HD3">
                        1. NO
                        <E T="52">X</E>
                         FEL Cap
                    </HD>
                    <P>
                        The EPA recognizes that increasing the FEL cap, even in the short-term, could reduce the economic costs of the requirements, potentially without significant foregone emissions reductions. However, the EPA also recognizes that doing so would be a change in Agency position. In the 2023 Final Rule, the NO
                        <E T="52">X</E>
                         FEL cap was set below the existing standard of 200 mg/hp·hr to avoid competitive disruptions and ensure that the majority of new engines introduced into commerce would include updated emissions control technologies compared to the emissions control technologies manufacturers were using to meet the existing standards.
                        <SU>33</SU>
                        <FTREF/>
                         The EPA also explained in the 2023 Final Rule that this was consistent with the Agency's past practice when issuing rules for heavy-duty onroad engines or nonroad engines in which there was a substantial (
                        <E T="03">i.e.,</E>
                         greater than 50 percent) difference between the numeric levels of the existing and new standards).
                        <SU>34</SU>
                        <FTREF/>
                         Comments received on the 2023 Final Rule from manufacturers suggested that the EPA should set an FEL cap at a level between 50 and 100 mg/hp·hr, stating that such a cap would help to prevent competitive disruptions (
                        <E T="03">i.e.,</E>
                         require all manufactures to make improvements in their emissions control technologies). In the 2023 Final Rule, the EPA explained that the specific numeric levels of the final FEL caps were selected to balance several factors. The EPA stated that these factors include providing sufficient assurance that lower-emissions technologies will be introduced in a timely manner, which was consistent with the Agency's past practice,
                        <SU>35</SU>
                        <FTREF/>
                         and providing manufacturers with flexibility in their product planning or assurance against unforeseen emissions-related problems that may arise. In the 2023 Final Rule, the EPA explained that the FEL cap of 65 mg/hp·hr selected for the early years of the program (
                        <E T="03">i.e.,</E>
                         MYs 2027 through 2030) placed more emphasis on providing manufacturers flexibility and assurance against unforeseen emissions control issues to ensure a smooth transition to the new standards and avoid market disruptions, as a smooth transition in the early years of the program helps ensure the public health benefits of the final program by avoiding delayed emissions reductions due to slower fleet turnover than may occur without the flexibility of the ABT program in the 2023 Final Rule. In the 2023 Final Rule, the EPA stated that the FEL cap of 50 mg/hp·hr selected for the later years of the program (
                        <E T="03">i.e.,</E>
                         MYs 2031 and later), placed more emphasis on ensuring continued improvements in the emissions control technologies installed on new engines.
                    </P>
                    <FTNT>
                        <P>
                            <SU>33</SU>
                             88 FR 4296 at 4393.
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>34</SU>
                             69 FR 38997 (June 29, 2004); 66 FR 5111 (Jan. 18, 2001).
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>35</SU>
                             See 69 FR 38997 (June 29, 2004).
                        </P>
                    </FTNT>
                    <P>
                        At the time of this proposed rule, engine manufacturers are generally making progress toward adopting new emissions control technologies to meet the standards; however, one engine manufacturer has indicated that an increased FEL cap of 200 mg/hp·hr for up to two MYs could help them in the transition to meeting the MYs 2027 and later standards. With respect to potential emissions impact, the EPA notes that a company would only be able to make use of a higher FEL cap if the company had NO
                        <E T="52">X</E>
                         credits available. See Chapter 1 of the DRIA for this proposal for a discussion of emissions ABT and data regarding engine manufacturers' NO
                        <E T="52">X</E>
                         credit balances.
                    </P>
                    <P>
                        The EPA notes that if a higher NO
                        <E T="52">X</E>
                         FEL cap were established in the final rule of this proposal, this would be optional and would not require any company to make use of the higher FEL cap. The EPA notes that some engine manufacturers may have concerns with the change in the competitive landscape from an increase in the FEL cap, as a higher FEL cap may allow a firm to sell an engine with a less-effective emissions control technology at a lower cost.
                    </P>
                    <P>
                        The EPA requests comment on increasing the NO
                        <E T="52">X</E>
                         FEL cap to a level greater than 65 mg/hp·hr, but less than or equal to the MY 2026 standard of 200 mg/hp·hr. (C-8) The EPA also requests comment on the number of MYs over which a higher FEL cap should apply, including whether it is appropriate to not include an end date for a higher FEL cap. For example, the EPA may consider a higher FEL cap for a few MYs during the transition to the lower NO
                        <E T="52">X</E>
                         standard followed by a return to 65 mg/hp·hr, followed by the 50 mg/hp·hr cap for MYs 2031 and later, or an alternative level, or an increase in the FEL cap without a specified MY end date. The EPA requests comment on the possible economic and emissions impacts of allowing older credits to be used in the MYs 2027 and later program. The EPA also requests comment on any reliance interest engine manufacturers or others may have, including the specific reliance concerns and available data supporting a reliance argument.
                        <SU>36</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>36</SU>
                             See section II.E of this preamble.
                        </P>
                    </FTNT>
                    <PRTPAGE P="43167"/>
                    <HD SOURCE="HD3">2. Use of Pre-MY 2022 Emission Credits</HD>
                    <P>
                        The EPA recognizes that allowing the use of pre-MY 2022 emission credits would be a change in Agency position. The 2023 Final Rule restricted credit use to those generated in MYs 2022 and later, noting that a majority of the existing credit balances were accumulated before MY 2009 to create flexibility in transitioning to the MYs 2007-2010 standards and those credits were generated from engines without modern emissions control technologies.
                        <SU>37</SU>
                        <FTREF/>
                         Additionally, to account for the addition of a new low-load test cycle (LLC), standard and moving average window in-use test procedures and emission standards for MYs 2027 and later, and the resulting difference in emission controls, the 2023 Final Rule applies up to a 40 percent discount on NO
                        <E T="52">X</E>
                         credits earned between MYs 2022 and 2026 when those credits are used in the MYs 2027 and later program. By applying these restrictions, the 2023 Final Rule expected to incentivize manufacturers to maximize their development and introduction of the best available emissions control technologies ahead of when they are required to do so in MY 2027, instead of relying on older credits.
                    </P>
                    <FTNT>
                        <P>
                            <SU>37</SU>
                             88 FR 4296 at 4395.
                        </P>
                    </FTNT>
                    <P>As noted previously, at the time of this proposed rule, engine manufacturers are generally making progress toward adopting new emissions control technologies to meet the standards. The EPA's proposals to expand access to the existing transitional production volume allowance for Heavy HDE and establish NCPs for Medium HDE and Heavy HDE are also expected to help manufacturers needing additional time to transition to the MYs 2027 and later standards for those engine categories. However, some manufacturers have expressed an interest in using the pre-MY 2022 credits. Manufacturers have indicated the pre-MY 2022 credits could be used as an alternative to the use of NCPs, or could be used for other product planning purposes, such as to increase the FEL of a MY 2027 or later engine family, and/or to increase the number of engines produced in the future at a given FEL above the standard.</P>
                    <P>The EPA notes that if the use of pre-MY 2022 credits were allowed in the final rule of this proposal, this would be optional. The EPA notes that some engine manufacturers may have concerns with changing this credit use provision due to potential changes in the competitive landscape from the use of older credits, as a firm may now be able to sell an engine with a less-effective emissions control technology at a lower cost.</P>
                    <P>
                        The EPA requests comment on whether, and how, banked NO
                        <E T="52">X</E>
                         emission credits earned prior to MY 2022 should be allowed for use in MYs 2027 and later. (C-9). As shown in Chapter 1 of the DRIA for this proposed rule, no NO
                        <E T="52">X</E>
                         emission credits were generated in MYs 2010-2021, so allowing pre-MY 2022 credits would in practice be credits generated in MYs 2004-2009. The EPA notes that some of the MY 2004 to MY 2009 engines may be nearing the end of their practical use (or have been retired or scrapped) and on average are accumulating fewer annual vehicle miles relative to MYs 2027 and later engines.
                        <SU>38</SU>
                        <FTREF/>
                         Furthermore, as noted previously, credits generated from MYs 2004 to 2009 engines were generated by engines without modern emission controls and relative to different test procedures and standards. A discount of up to 40 percent is applied when using credits earned during MYs 2022-2026 for MYs 2027 and later, and the EPA requests comment on an appropriate discount that could be applied to credits earned from the MYs 2004 to 2009 engines for use in MYs 2027 and later. Finally, the EPA requests comment on the possible economic and emissions impacts of allowing these older NO
                        <E T="52">X</E>
                         credits to be used in the MYs 2027 and later program. The EPA also requests comment on any reliance interest engine manufacturers or others may have, including the specific reliance concerns and available data supporting a reliance argument.
                        <SU>39</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>38</SU>
                             As shown in the relative mileage accumulation rates of Figure 6-4 in the MOVES Technical Report “Population and Activity of Onroad Vehicles in MOVES5” (EPA-420-R-24-019, November 2024), Single Unit Trucks and Combination Trucks that are 20 years or older are predicted to travel 75 percent fewer miles than their new counterparts. 
                            <E T="03">https://nepis.epa.gov/Exe/ZyPDF.cgi?Dockey=P101CUN7.pdf.</E>
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>39</SU>
                             See section II.E of this preamble.
                        </P>
                    </FTNT>
                    <HD SOURCE="HD3">3. Credit Use Across Averaging Sets</HD>
                    <P>
                        The EPA recognizes that allowing the use of emission credits across averaging sets would be a change in Agency position. The EPA first established the NO
                        <E T="52">X</E>
                         emission credit banking and trading flexibilities for heavy-duty engines in 1990, which expanded the averaging program already in place for those engines.
                        <SU>40</SU>
                        <FTREF/>
                         That 1990 rule continued the use of averaging sets to denote the heavy-duty engine subcategory within which credits could be averaged, banked, or traded. The EPA established a single averaging set for all Spark-Ignition HDE, referred to as “Otto-cycle engines” at the time, and light, medium, and heavy averaging sets for compression-ignition HDE (“diesel cycle engines”). That 1990 rule expanded the existing averaging set restrictions to include trading and banking such that emission credit averaging and trading are not permitted between averaging sets and banked credits can only be used in the averaging set in which they were generated.
                        <SU>41</SU>
                        <FTREF/>
                         In the proposal to that 1990 rule,
                        <SU>42</SU>
                        <FTREF/>
                         the EPA justified the averaging set restrictions by noting concern that cross-subclass credit exchanges would affect the environment and competition. In the 1990 final rule, the EPA noted that commenters requesting the Agency permit such an approach did not offer solutions that would adequately address the concerns discussed in the proposed rule.
                    </P>
                    <FTNT>
                        <P>
                            <SU>40</SU>
                             55 FR 30534 (July 26, 1990).
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>41</SU>
                             Id. at 30588.
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>42</SU>
                             54 FR 22670 (May 25, 1989).
                        </P>
                    </FTNT>
                    <P>
                        The 2023 Final Rule retained the existing averaging sets (
                        <E T="03">i.e.,</E>
                         Spark-Ignition HDE, Light HDE, Medium HDE, Heavy HDE) and allowed ABT only within those averaging sets. The 2023 Final Rule noted the approach was consistent with the Agency's historical approach, which avoids creating unfair competitive advantages or environmental risks due to credit inconsistency.
                        <SU>43</SU>
                        <FTREF/>
                         The 2023 Final Rule did include one temporary exception allowing credits generated by MY 2026 Heavy HDE to be used for certifying Medium HDE after applying a 10 percent discount.
                        <SU>44</SU>
                        <FTREF/>
                         This exception was intended as a transitional credit pathway to encourage the early introduction of lower-emitting engines as manufacturers prepared for the new MYs 2027 and later program.
                        <SU>45</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>43</SU>
                             See 55 FR 30585 (July 26, 1990); 66 FR 5002 (Jan. 18, 2001).
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>44</SU>
                             See the 2026 service class pull ahead transitional credit pathway under 40 CFR 1036.150(a)(4).
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>45</SU>
                             See 88 FR 4296 at 4397 and Attachment 5 to the 2023 Final Rule's Stakeholder Meeting Log in the docket for that rule: 
                            <E T="03">https://www.regulations.gov/document/EPA-HQ-OAR-2019-0055-2895</E>
                             for a discussion of the 10 percent cross-service class credit discount.
                        </P>
                    </FTNT>
                    <P>
                        The EPA requests comment on whether and how emission credits could be utilized between engine service classes. (C-10). As included in the 2023 Final Rule, specific limited allowances for cross-averaging set transfers have been allowed to encourage the early introduction of lower-emitting engines during the transition to new emission standards. These flexibilities allow manufacturers, for a limited period, to focus their investments on a specific service class 
                        <PRTPAGE P="43168"/>
                        and then use those emission credits in other services classes. If the EPA were to finalize an allowance for cross-averaging set trading, it could similarly allow manufacturers to prioritize their resources.
                    </P>
                    <P>
                        If the EPA were to allow cross-averaging set NO
                        <E T="52">X</E>
                         credit transfers, the Agency requests comment on whether a credit discount should be applied, the value of such a discount, and if that discount should differ depending on from which averaging set the credits come. For example, in the “2026 service class pull-ahead credits” provision in 40 CFR 1036.150(a)(4), credits generated from the certification of Heavy HDE can be used to certify Medium HDE after a 10 percent discount is applied. A credit discount can help address the concern of credit emissions value inconsistency between averaging sets. Emission credits are determined from the difference in the FEL of the engine family and the standard (in mg/hp·hr), the work over the duty cycle miles (in hp·hr/miles) for each engine family, the number of engines, and the useful life (in miles) of engines in each averaging set. There are uncertainties in real-world work and miles traveled for the range of vehicles in an averaging set compared to the certification duty cycles, and the useful life of each averaging set can have a different relationship to the real-world operating life of the range of engines in the averaging set. These uncertainties could result in an underestimate or overestimate of the true value of the emissions credit. However, since the existing averaging sets were established, the EPA has accepted the uncertainties within averaging sets such that the parameters used in the credit calculation generally represent the engines within each averaging set and ensure that a calculated emissions credit has a consistent relationship to an emissions change in the environment within a given averaging set.
                        <SU>46</SU>
                        <FTREF/>
                         However, the uncertainties are compounded when considering the relationship between calculated and real-world emissions across averaging sets, and the use of a discount factor can help balance those uncertainties to ensure that credit trading between service classes is environmentally protective.
                    </P>
                    <FTNT>
                        <P>
                            <SU>46</SU>
                             55 FR 30585 at 30588.
                        </P>
                    </FTNT>
                    <P>The EPA notes that if credit use across averaging sets is allowed in the final rule of this proposal, this would be optional and would not require any company to make use of the flexibility. The EPA notes engine manufacturers may have concerns with the change in the competitive landscape, since finalizing such an allowance close to the implementation date could result in only benefiting manufacturers that sell engines in more than one engine service class.</P>
                    <P>
                        Finally, the EPA requests comment on the possible economic and emissions impacts of allowing credits to be used across averaging sets in the MYs 2027 and later program. The EPA also requests comment on any reliance interest engine manufacturers or others may have, including the specific reliance concerns and available data supporting a reliance argument.
                        <SU>47</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>47</SU>
                             See section II.E of this preamble.
                        </P>
                    </FTNT>
                    <HD SOURCE="HD3">4. Combination of the Requests</HD>
                    <P>
                        The EPA recognizes that the three requests for comment in this preamble section III.D. have potential interactions. For example, if the EPA were to finalize all three elements (an increase in the NO
                        <E T="52">X</E>
                         FEL Cap, use of pre-MY 2022 NO
                        <E T="52">X</E>
                         credits, and use of NO
                        <E T="52">X</E>
                         credits across engine service classes), this could reduce the compliance costs for some companies, while potentially negatively impacting other companies due to a change in the competitive landscape. The same is true if two of the three credit flexibilities were included in the final rule of this proposal, independent of the combination, as not all companies have pre-MY2022 NO
                        <E T="52">X</E>
                         credits, and not all heavy-duty engine companies sell engines in multiple service classes. The EPA requests comment on the potential interactions of these three credit flexibilities, including the impacts on the overall emissions reductions of the MYs 2027 and later program, the costs of the program, and any potential impacts on the competitive landscape for the regulated industry. (C-11).
                    </P>
                    <HD SOURCE="HD2">E. Other Regulatory Amendments</HD>
                    <P>To further aid in the implementation of the MYs 2027 and later heavy-duty engine emissions program, the EPA is proposing discrete revisions across a range of issues to correct or clarify regulatory provisions. This section III.E describes the background and purpose of many of those individual proposed amendments. In several cases, this section III.E also describes the types of proposed amendments without listing all the specific instances for which the EPA is proposing to change the regulations in the same manner. For example, some proposed amendments simply correct inaccurate cross-references, fix typographical errors, reproduce figures, tables, or equations to correct publishing errors, remove obsolete or redundant content, or make modest changes to maintain consistent terminology or improve clarity. The EPA is also proposing to update the regulations to reflect office reorganization within the Agency, with new work unit titles where staff contact information is provided.</P>
                    <P>It is important to note that while this proposed rule includes a range of amendments to the regulations, the EPA is not reopening and is neither proposing nor requesting comment on the changes to underlying standards or program requirements.</P>
                    <HD SOURCE="HD3">1. Proposed Revisions for Heavy-Duty Engines (40 CFR part 1036)</HD>
                    <HD SOURCE="HD3">a. 40 CFR Part 1036, Subpart B—Emission Standards and Related Requirements</HD>
                    <P>Heavy-duty engine manufacturers have the option to test hybrid powertrains rather than testing an engine alone to demonstrate compliance with the emission standards of 40 CFR part 1036. In 40 CFR 1036.101(b), the EPA proposes to further clarify the existing requirement that manufacturers can only use the powertrain testing option if they demonstrate compliance with all the requirements of 40 CFR part 1036. For example, if an engine manufacturer chooses powertrain testing to demonstrate that their hybrid configuration meets the engine criteria pollutant standards of 40 CFR 1036.104, they must also use powertrain testing to demonstrate that it meets the OBD requirements of 40 CFR 1036.110.</P>
                    <P>
                        Under existing 40 CFR 1036.104(a)(3), compression-ignition engine NO
                        <E T="52">X</E>
                         standards for off-cycle testing are adjusted for ambient temperature over a shift day. In Table 3 to 40 CFR 1036.104(a), the EPA proposes to revise the table heading for the adjustment column from “Temperature adjustment” to a more accurate and clearer “Temperature-based adjustment for NO
                        <E T="52">X</E>
                        ”. The EPA is also proposing to revise the footnote in Table 3 to provide further clarity on the units for temperature in the adjustment equation and note the final units of g/hr for Bin 1 and mg/hp·hr for Bin 2 for the temperature-based adjustment to the specified NO
                        <E T="52">X</E>
                         standard.
                    </P>
                    <P>
                        The EPA is proposing to reorganize the existing introductory text of 40 CFR 1036.125 to begin with the instruction to manufacturers to give the ultimate purchaser of each new engine written instructions for maintaining and using the engine, consistent with other parts. The EPA is also proposing corrections to Table 1 to paragraph (a)(2) of § 1036.125 to add missing parentheses, and to correct the maintenance interval for Medium HDE “Catalyst system components, EGR system components 
                        <PRTPAGE P="43169"/>
                        (other than filters or coolers), particulate filtration system components, and turbochargers” in Table 2 to paragraph (a)(2) of § 1036.125 by replacing the 50,000 miles interval with 150,000 miles as intended, consistent with the interval for Heavy HDE. The EPA is proposing to revise Table 1 to paragraph (a)(2) of § 1036.125 to allow shorter minimum maintenance intervals for catalyst substrates and particular filter substrates before MY 2030, consistent with proposal to delay the longer regulatory useful life periods for heavy-duty engines. In Table 1, the EPA proposes that the minimum maintenance interval mileages for catalyst substrates and particulate filter substrates that would apply to MYs 2029 and earlier engines would match the useful life mileages that apply for those MYs. The proposed hours-based intervals are calculated using an average speed of 33 miles per hour, consistent with the existing intervals.
                    </P>
                    <P>
                        Under the existing maintenance regulations of 40 CFR 1036.125, owners are responsible for properly maintaining their engines, and the regulation notes in paragraph (g) that this generally includes paying for scheduled maintenance. The EPA is proposing to revise 40 CFR 1036.125(g) to further clarify that an owner's responsibility generally includes paying for scheduled maintenance even if it is within the warranty period. As part of their certification, a manufacturer must demonstrate that any critical maintenance must occur at a given interval, and the maintenance intervals for certain components (
                        <E T="03">e.g.,</E>
                         spark plugs, crankcase filters) may be more frequent than the warranty period of an engine but that does not suggest a manufacturer must cover those costs for scheduled maintenance.
                        <SU>48</SU>
                        <FTREF/>
                         The EPA notes that there are circumstances in which a manufacturer offers maintenance for a component free of charge to their customers as part of the maintenance demonstration under 40 CFR 1036.125(a)(1)(iv) or because it is required under the conditions specified in 40 CFR 1036.125(g). In these cases, the maintenance instructions within the owner's manual would include this information and the owner would not be responsible for paying for scheduled maintenance on that component.
                    </P>
                    <FTNT>
                        <P>
                            <SU>48</SU>
                             See the emission-related warranty periods specified in 40 CFR 1036.120(b) and the minimum maintenance intervals specified 40 CFR 1036.125(a).
                        </P>
                    </FTNT>
                    <P>The EPA is proposing to revise the installation instruction provisions under 40 CFR 1036.130. This proposed revision would add a new paragraph (b)(10) providing the manufacturers certifying powertrain families, under 40 CFR part 1036, would include a description of any limitations on the type or configuration of vehicles in which the powertrain could be installed in their installation instructions for vehicle manufacturers.</P>
                    <P>The EPA is proposing to add a new interim provision 40 CFR 1036.150(aa) that would allow engine manufacturers to use deterioration factors generated from durability data generated with service accumulation hours determined with prescribed test sequence 1 and 2 speeds of 40.26 mi/hr and 44.48 mi/hr respectively in 40 CFR 1036.245, for engine families that qualify for carryover certification as described in 40 CFR 1036.235(d). The EPA is proposing to eliminate the default average vehicle speeds of 40.26 mi/hr and 44.48 mi/hr for test sequences 1 and 2, respectively, in 40 CFR 1036.245(c)(7) that are used in the total service accumulation hours calculated using Equation 1036.245-1. The default values underestimate the aging hours for Light and Medium HDE because the vehicles in which these engines are installed are vehicles that operate at lower average speeds than those of test sequences 1 and 2. This can result in total service accumulation hours that are too low, which results in inadequate time to adequately account for catalyst chemical exposure and thermal exposure due to infrequent regeneration events. The current solution, to address the underestimation of aging hours from the use of average vehicle speeds of 40.26 mi/hr and 44.48 mi/hr, is for engine manufacturers to extend the service accumulation hours beyond those calculated using Equation 1036.245-1, which ensures that deterioration factors determined using the current default test sequence average vehicle speeds are not deficient. Given this current solution, the EPA is proposing to allow their continued use for carryover engine families. More details on this topic can be found in the discussion surrounding the updates the EPA is proposing to 40 CFR 1036.245 in section III.E.1.b of this preamble.</P>
                    <P>The EPA is also proposing revisions to the OBD provisions of 40 CFR 1036.110. The 2023 Final Rule included a requirement for manufacturers to identify additional data stream signals as freeze-frame conditions. The EPA is proposing to amend 40 CFR 1036.110(b)(8) to more clearly describe how this requirement interfaces with the California Air Resources Board (CARB) regulation at 13 California Code of Regulations (CCR) 1971.1(h)(4.3).</P>
                    <P>The 2023 Final Rule included a requirement for manufacturers to submit additional information as needed to demonstrate that they meet the OBD requirements in 40 CFR 1036.110 that are not covered by CARB's OBD program. The EPA is proposing to clarify in 40 CFR 1036.110(b)(11)(i) that for additional EPA OBD requirements, such as in-cab display and data stream parameter requirements, this demonstration can be achieved through attesting that these requirements are met, in lieu of submitting additional test data.</P>
                    <P>The 2023 Final Rule included a requirement at 40 CFR 1036.110(c)(1) for manufacturers to identify fault codes with an in-cab display for any SCR- or diesel particulate filter (DPF)-related condition causing the engine to initiate a speed reduction or torque derate. First, the EPA is requesting comment on whether in-cab display information requirements should remain part of the “diagnostic system.” (C-12). The required in-cab display information is not always part of the OBD system which may complicate the usual standardization efforts for diagnostic system elements. Second, the EPA has learned that some derate conditions may occur without the engine's diagnostic system generating a fault code to display. The fault code might materialize after some continued operation, or it may not come at all. To address this concern, the EPA is proposing to amend the in-cab display provision to require the displayed fault code “as applicable”. The engine's diagnostic system would need to display any code that is available, as applicable. This proposed amendment is intended only to allow manufacturers to design their in-cab display to omit a requirement to display a code that has not yet been set.</P>
                    <P>The EPA is also proposing to revise the language in 40 CFR 1036.110(b) to clarify the intended incorporation by reference in 40 CFR 1036.810 of 13 CCR 1971.1 such that it matches the Agency's position that diagnostics for hybrid components are only required if hybrid components are optionally certified to criteria pollutant standards with the engine through powertrain testing.</P>
                    <P>
                        The EPA is proposing to remove the requirements for additional data-stream parameters for spark ignition engines in 40 CFR 1036.110(b)(10). This requirement is not useful for some applications such as natural-gas based spark ignition engines for which it would generally report a value of zero, which would be confusing to serviceability operations and not 
                        <PRTPAGE P="43170"/>
                        aligned with the intent of adding data-stream parameters.
                    </P>
                    <P>
                        The EPA is proposing to incorporate certain changes CARB intended to make to OBD through its 2022 OBD update and its 2025 Omnibus Amendment rule.
                        <E T="51">49 50</E>
                        <FTREF/>
                         The EPA is proposing to align OBD test procedures with EPA test procedures. Specifically, the EPA is proposing that manufacturers can use the Federal Test Procedure cycle as defined in 40 CFR 1036.512, and the Supplemental Emission Test as defined in 40 CFR 1036.510 in lieu of the procedures defined in 13 CCR 1971.1(c). Similarly, the EPA is proposing that manufacturers can use the accelerated aging test procedure and requirements in 40 CFR 1036.245 instead of the testing and data collection requirements in 13 CCR 1971.1(i)(2.3.4). This proposed change would help reduce testing burden and harmonize test procedures for OBD and emission-related testing.
                    </P>
                    <FTNT>
                        <P>
                            <SU>49</SU>
                             California Air Resources Board. (2025) “Appendix A-1: Proposed Amendments to Omnibus Title 13 Regulation Order.” 
                            <E T="03">https://ww2.arb.ca.gov/rulemaking/2025/orhdomnibus.</E>
                        </P>
                        <P>
                            <SU>50</SU>
                             California Air Resources Board. (2022) “Final Regulation Order: Section 1971.1 of Title 13, CCR.” 
                            <E T="03">https://ww2.arb.ca.gov/resources/documents/obd-ii-regulations-and-rulemaking.</E>
                        </P>
                    </FTNT>
                    <P>
                        The EPA is proposing to allow manufacturers to use a test-out threshold of 30 percent instead of the 15 percent referenced in 13 CCR 1971.1(e)(8.2.4)(A)(iii) for catalyzed PM filters to be exempt from non-methane hydrocarbon (NMHC) conversion capability monitoring.
                        <SU>51</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>51</SU>
                             California Air Resources Board. (2025). See page 90 of “Appendix A-1: Proposed Amendments to Omnibus Title 13 Regulation Order.” 
                            <E T="03">https://ww2.arb.ca.gov/rulemaking/2025/orhdomnibus.</E>
                        </P>
                    </FTNT>
                    <P>
                        During the development of CARB's 2022 OBD update, CARB included relaxation of requirements for feedgas generation performance monitoring due to concerns regarding the lack of feasible monitoring strategies.
                        <SU>52</SU>
                        <FTREF/>
                         The EPA is proposing to harmonize the Agency's regulations with changes to NMHC catalyst and DPF feedgas requirements finalized in CARB's 2022 OBD update. Specifically, the EPA is proposing that for OBD systems that have an NMHC catalyst conversion efficiency monitor that fulfills the requirements of 13 CCR 1971.1(e)(5.2.2), the manufacturer may use the NMHC catalyst conversion efficiency monitor to fulfill the feedgas generation performance monitoring requirements of 13 CCR 1971.1(e)(5.2.3)(B).
                    </P>
                    <FTNT>
                        <P>
                            <SU>52</SU>
                             California Air Resources Board. (2022). See page 21 of the “Final Regulation Order: Section 1971.1 of Title 13, CCR.” 
                            <E T="03">https://ww2.arb.ca.gov/resources/documents/obd-ii-regulations-and-rulemaking.</E>
                        </P>
                    </FTNT>
                    <P>
                        Further, for OBD systems that have a catalyzed PM filter NMHC conversion monitor or are exempt from the catalyzed PM filter NMHC conversion monitoring requirements in accordance with section 13 CCR 1971.1(e)(8.2.4)(A), the manufacturer is not required to meet the feedgas generation performance monitoring requirements of 13 CCR 1971.1(e)(8.2.4)(B).
                        <SU>53</SU>
                        <FTREF/>
                         The EPA is also proposing the alternative approach of entirely waiving the requirements for catalyzed PM filters in 13 CCR 1971.1(e)((8.2.4)(A) and (B) based on instead meeting the PM filtering performance requirements in 13 CCR 1971.1(e)(8.2.1). These flexibilities are important to avoid fault codes being set that may improperly indicate a malfunctioned catalyst. The NMHC impacts can be so low that they are not reliably measurable and test results can instead be strongly influenced by test-to-test variation. The use of the DPF Efficiency monitor is appropriate because DPF's generally experience mechanical failure prior to catalyst failure due to their operating conditions.
                    </P>
                    <FTNT>
                        <P>
                            <SU>53</SU>
                             California Air Resources Board. (2022). See page 35 of the “Final Regulation Order: Section 1971.1 of Title 13, CCR.” 
                            <E T="03">https://ww2.arb.ca.gov/resources/documents/obd-ii-regulations-and-rulemaking.</E>
                        </P>
                    </FTNT>
                    <P>The EPA is also proposing to clarify that the regeneration events counter associated with the in-cab display requirements in 40 CFR 1036.110(c)(2) is specific only to active and completed regeneration events. Similarly, the EPA is proposing to clarify that the requirements in 40 CFR 1036.110(c) are to display on-demand the “lifetime” rate of DEF consumption, not “historical.”</P>
                    <P>
                        The EPA is proposing to revise the in-cab display requirements in 40 CFR 1036.110(c)(1). These existing requirements state that when SCR- or DPF-related problems occur that result in engine derates (including inducements), that manufacturers must make the fault code responsible for the derate available on-demand in the cab. With the proposal to replace SCR-related derates with visible and/or audible notifications, as described in section V of this preamble, the EPA is proposing to update the text to clarify that this requirement pertains to fault codes that change the status of an aftertreatment system and isolate the display requirements that apply broadly from those that apply to AECDs that result in an engine derate (
                        <E T="03">i.e.,</E>
                         for any DPF-related or SCR-related derates that may remain). The EPA notes that some AECDs may continue to result in engine performance derates for engine protection events such as low coolant to avoid overheating and damaging the engine or catastrophic damage to the aftertreatment system. The intent of the original requirement in 40 CFR 1036.110(c)(1) was to properly communicate what problem caused an engine derate to facilitate quick repair. The proposed amendment is relevant even if the EPA finalizes the proposal in section V.C.2 to replace SCR-related derates with visible and/or audible notifications because the display requirements also apply and would continue to apply to derates caused by the SCR or DPF system.
                    </P>
                    <P>Finally, the EPA is proposing to clarify in 40 CFR 1036.110(c)(4) that manufacturers can use discretion to decide what to safely display while the vehicle is in-motion, which may be a more limited set of the required information than is displayed when the vehicle is stationary.</P>
                    <HD SOURCE="HD3">b. 40 CFR Part 1036, Subpart C—Certifying Engine Families</HD>
                    <P>The EPA is proposing to amend 40 CFR 1036.205(r)(1) by referring to “physically adjustable parameters” instead of “practically adjustable parameters” to conform to the terminology established in the existing, more detailed provisions for adjustable parameters in 40 CFR 1068.50. Under those existing provisions, the regulations describe how to determine the practically adjustable range for both physically adjustable operating parameters and programmable operating parameters.</P>
                    <P>
                        The EPA is proposing to clarify in 40 CFR 1036.235(b) how manufacturers test their flexible-fuel emission-data engines. Specifically, manufacturers may operate with the fuel mixture that best represents in-use operation or is most likely to have the highest NO
                        <E T="52">X</E>
                         emissions, or they may test with both fuels separately if they demonstrate to the EPA that intermediate mixtures are not likely to occur. The EPA is also proposing to replace the incorrect paragraph (a) reference in 40 CFR 1036.235(e) with a reference to paragraph (b) that describes testing.
                    </P>
                    <P>
                        The EPA is proposing a revision in 40 CFR 1036.240(b) that adds “duty-cycle” to clarify the applicable emission standard. The EPA also proposes to add a provision to 40 CFR 1036.240(c) allowing for assigned deterioration factors for small-volume engine families. Each manufacturer would be able to use assigned deterioration factors for any number of engine families, up to a combined annual production volume of 10,000 engines. This would restore certification provisions that apply through MY 2026 under 86.094-14. As 
                        <PRTPAGE P="43171"/>
                        part of the migration to 40 CFR part 1036, the EPA set up deterioration factor requirements in 40 CFR 1036.240 and 1036.245 to broadly allow companies to share deterioration factors across families using similar technologies. Manufacturers have raised concerns that this approach does not work for engines using alternative fuels or other technologies that are not uniformly deployed across their product line. Allowing assigned deterioration factors for small-volume engine families would remove the significant test burden associated with durability testing for those niche products. Such engines remain subject to the emission standards throughout the useful life.
                    </P>
                    <P>The EPA is proposing changes throughout 40 CFR 1036.245 to accommodate the proposed addition of an accelerated aging procedure for heavy-duty spark-ignition engines in 40 CFR part 1065, subpart L. See the discussion of these changes in section III.E.3.j of this preamble.</P>
                    <P>The EPA is proposing to revise 40 CFR 1036.245(c) to clarify that the deterioration factors must be based on representative deterioration due to infrequent regeneration and that engine dynamometer hours accumulated during emission testing do not count toward total service accumulation hours. The EPA is proposing to revise 40 CFR 1036.245(c)(1) to clarify that the minimum engine dynamometer service accumulation hours include the dynamometer engine stabilization time accumulated prior to performing the low-hour emission measurement. The EPA is proposing to revise 40 CFR 1036.245(c)(2) to allow manufacturers to use the average of multiple emission tests to determine emission values used to calculate the deterioration factor. The EPA is proposing to allow this to minimize the influence of any variability associated with the emission measurement.</P>
                    <P>In 40 CFR 1036.245(c)(4), (c)(4)(i), and (c)(4)(ii) the EPA is proposing to clarify that, for hybrid powertrains, manufacturers may conduct service accumulation under paragraphs (c)(4)(i) or (ii) without the hybrid components by following 40 CFR 1037.551. The EPA is also proposing to add new paragraphs (c)(4)(i)(F) and (ii)(F) to clarify how to perform cycle validation during service accumulation, and state that cycle validation needs to be performed on at least one of each duty cycle type each time the engine is operated over the duty cycle sequence. These proposed clarifications are appropriate for the same reason described in the discussion of the proposed addition of the new 40 CFR 1036.245(c)(5) and (6).</P>
                    <P>The EPA is also proposing to clarify that spark-ignition engines may exclude the LLC from the service accumulation test sequences in 40 CFR 1036.245(c)(4)(i) and (ii) as these engines are not subject to certification over the LLC. The LLC has normalized speeds up to 106.4 percent. For spark-ignition engines with high-speed governors that are just above the maximum power of the engine, a normalized speed of 106.4 percent puts the test speed above the governed speed when using typical denormalization procedures. Thus, requiring service accumulation over the LLC for spark-ignition engines would require the manufacturer to apply the alternate maximum test speed provision in 40 CFR 1065.610(a)(2) not only for the LLC, but also the Federal test procedure (FTP) and supplemental emissions test (SET) duty cycles. Rather than force the engine manufacturers to test the engine over the FTP and SET duty cycles at an alternate maximum test speed just to accommodate the LLC, a duty cycle to which they are not required to certify, the EPA is proposing to update 40 CFR 1036.245(a)(3) to allow exclusion of the LLC for spark-ignition engines for the two-engine service accumulation test sequences.</P>
                    <P>The EPA is proposing to add a new 40 CFR 1036.245(c)(5) and (6) that includes alternative duty cycle validation criteria for service accumulation for engine dynamometer testing. Meeting the existing cycle validation criteria that are required for engine certification testing is not as important for service accumulation when using an engine dynamometer, especially when most of the service accumulation on the aftertreatment system is being done via the accelerated aging procedure in 40 CFR part 1065, subpart L. Furthermore, if one of the many duty cycles run during service accumulation failed the existing cycle validation criteria, the EPA recognizes that it would be impractical to void all of the service accumulation testing to date because one duty cycle did not pass the cycle validation criteria. The proposed revised cycle validation criteria would help ensure that the duty cycles are followed appropriately for service accumulation when using an engine dynamometer, while also avoiding situations in which a duty cycle is deemed invalid. Under the proposed provisions, setting the dynamometer command to minimum and using the operator demand to control speed for nonmotoring dynamometers would not adversely affect the aging of the aftertreatment during service accumulation and would allow service accumulation to be carried out on an eddy current dynamometer (which cannot motor due to load imparted on the engine from cooling water and bearing drag). Allowing the use of eddy current dynamometers under the proposed provisions would also open up additional test cells for use in service accumulation testing and increase test facility throughput.</P>
                    <P>In 40 CFR 1036.245(c)(7), the EPA is proposing to clarify that emission measurements for all regulated pollutants must be taken after the manufacturer finishes the required service accumulation that is conducted on an engine dynamometer.</P>
                    <P>
                        The EPA is proposing to add clarification to 40 CFR 1036.245(c)(8)(i) that the useful life milage used in the calculation of the total service accumulation, representing hours of engine operation over the useful life, is based on the longest useful life for which the deterioration factors will be used. The EPA is proposing to eliminate the default average vehicle speeds of 40.26 mi/hr and 44.48 mi/hr for test sequences 1 and 2 in 40 CFR 1036.245(c)(7) that are used in the total service accumulation hours calculated using Equation 1036.245-1. The default values underestimate the aging hours for Light and Medium HDE because the vehicles in which these engines are installed are vehicles that operate at lower average speeds than those of test sequences 1 and 2. This can result in total service accumulation hours that are too low, which results in inadequate time to accurately account for catalyst chemical exposure and thermal exposure due to infrequent regeneration events. The current solution, to address the underestimation of aging hours from the use of average vehicle speeds of 40.26 mi/hr and 44.48 mi/hr, is for engine manufacturers to extend the service accumulation hours beyond those calculated using Equation 1036.245-1, which ensures that deterioration factors determined using the current default test sequence average vehicle speeds are not deficient. Under the proposed changes, manufacturers are now directed to develop their own average vehicle speed based on the applications used for determining the thermal exposure for the engine family as described in the field data discussion in 40 CFR 1065.1131 or 40 CFR 1065.1147. The EPA is also proposing to require the use of an average vehicle speed of 20 mi/hr if the average speed from the field data is less than 20 mi/hr. This is because a speed of lower than 20 mi/hr will result in the service accumulation hours exceeding the 
                        <PRTPAGE P="43172"/>
                        useful life hours in Table 4 to paragraph (e) of 40 CFR 1036.104. The EPA proposes to allow the use of previously developed deterioration factors that used the test sequence default average vehicle speeds for carryover engine families in 40 CFR 1036.150(aa) for engine families that qualify for carryover certification as described in 40 CFR 1036.235(d). The EPA is also proposing in 40 CFR 1036.245(c)(8)(ii) to clarify that the service accumulation duration could be different if the testing is used for multiple primary intended service classes.
                    </P>
                    <P>The EPA is proposing to clarify in 40 CFR 1036.245(c)(9) how to calculate the number of hours of testing remaining to finish service accumulation over the useful life for the accelerated bench aging of aftertreatment devices portion of the testing.</P>
                    <P>The EPA is proposing to clarify in 40 CFR 1036.245(c)(10) on what emission data engine the aftertreatment devices can be reinstalled once the accelerated aging portion of the testing has been completed.</P>
                    <P>The EPA is proposing to clarify in 40 CFR 1036.245(c)(11) and (12) references to applicable sections in the procedure in this section to enhance the ability to follow what is being required.</P>
                    <P>The EPA is proposing to revise 40 CFR 1036.245(c)(13) to remove the sentence instructing the manufacturer to create a linear curve fit of the emission measurements if the deterioration factor testing included multiple test points and proposing that the deterioration factor is determined using the emission data from the low-hour and useful life test points. Since the emissions measurements are made at the low-hour and useful life for each standard, a linear curve fit of the emission data is not needed and could result in unrepresentative results.</P>
                    <P>The EPA is proposing to add a new 40 CFR 1036.245(c)(14) to clarify how to determine separate deterioration factors for engines corresponding to a shorter useful life.</P>
                    <P>The EPA is proposing to correct a typographical error regarding the spelling of “stabilized” in 40 CFR 1036.246(b)(1)(i)(C).</P>
                    <HD SOURCE="HD3">c. 40 CFR Part 1036, Subpart E—In-Use Testing</HD>
                    <P>The EPA is proposing to revise 40 CFR 1036.410(c) to correct a paragraph reference error. The section currently requires the manufacturer to notify the EPA before disqualifying any vehicle based on an illuminated malfunction indicator light (MIL) or stored OBD trouble codes as described in 40 CFR 1036.415(b)(2). However, 40 CFR 1036.415(b)(2) concerns the appearance of a MIL during in-use testing and how to address the MIL. The correct paragraph reference should be 40 CFR 1036.415(b)(3), which addresses vehicle disqualification due to the presence of an MIL if the vehicle cannot be repaired in a timely manner, which is the only provision that allows disqualification of a vehicle due to an illuminated MIL.</P>
                    <P>
                        The EPA is proposing to revise 40 CFR 1036.415(d), 1036.420(c) and (d), and 1036.430(a)(3)(vii) to replace the term “windows” with “test intervals” as the Agency believes this term is clearer given that the 300 seconds of data that are averaged for binning purposes constitute a test interval. The EPA is also proposing to clarify that if a manufacturer does not measure total hydrocarbon emissions (THC) during the off-cycle emission test, they would set 
                        <E T="03">x</E>
                        <E T="52">THCmeas</E>
                         to zero in the chemical balance calculations required under 40 CFR 1065.655.
                    </P>
                    <P>The EPA is proposing to add a new 40 CFR 1036.415(h) to clarify that, for hybrid powertrains that do not operate the engine at zero vehicle speed, the 1-Hertz (Hz) emission rate for all pollutants after the engine has started must be set to zero when the engine is off, the vehicle speed is zero, and the powertrain is keyed on and that the data points should not be excluded under 40 CFR 1036.530(c)(3)(ii). This proposed provision is similar to what currently exists in 40 CFR 1036.415(g) for stop-start and automatic engine shutdown systems and allows test intervals to be accrued and counted toward the idle bin minimum test interval limits when the engine is off.</P>
                    <P>The EPA is proposing to provide clarifications in 40 CFR 1036.420(d) on extending testing over multiple shift days to combine test intervals to achieve the minimum test interval requirement for each bin. The EPA proposes to include four examples of what circumstances might lead to the extension of testing to an additional shift day: data lost from gas analyzer range validation failure (40 CFR 1065.935(g)(5)(i)), drift validation failure (40 CFR 1065.935(g)(5)(ii)), excluded data (40 CFR 1036.530(c)(3)), and insufficient operation during the shift day (40 CFR 1036.415(f)).</P>
                    <P>
                        The EPA is proposing changes to 40 CFR 1036.420(d) and 40 CFR 1036.425(c) to clarify how to determine the average ambient temperature used to calculate the off-cycle NO
                        <E T="52">X</E>
                         emission standard in 40 CFR 1036.104(a)(3). The EPA is proposing in 40 CFR 1036.420(d) to determine the mean ambient temperature, 
                        <E T="7503">T</E>
                        <E T="52">amb</E>
                        , by averaging the continuous ambient temperature, 
                        <E T="7503">T</E>
                        <E T="52">amb</E>
                        , over all shift days needed to reach the minimum test interval requirements for each bin. The EPA is proposing changes to 40 CFR 1036.425(c) to clarify that the mean ambient temperature is determined by taking the mean of 
                        <E T="7503">T</E>
                        <E T="52">amb</E>
                         from each of the engine tests.
                    </P>
                    <P>The EPA is proposing in 40 CFR 1036.420(d)(2) to clarify that, for hybrid powertrains that do not operate the engine at zero vehicle speed, the manufacturer may populate Bin 1 with additional test intervals by setting the 1-Hz emission rate for all regulated pollutants to zero as described in 40 CFR 1036.415(h). This proposed provision is similar to what currently exists in 40 CFR 1036.420(d)(2) for stop-start and automatic engine shutdown systems and allows Bin 1 to accumulate exactly 2,400 Bin 1 test intervals in instances in which the number of test intervals falls short.</P>
                    <P>The regulation at 40 CFR 1036.430(a)(1)(ii) instructs manufacturers to include a summary of the vehicles they have disqualified from in-use testing and the reasons they disqualified them. The EPA is proposing to revise 40 CFR 1036.430(a)(1)(ii) to clarify that for vehicles disqualified from in-use testing for a MIL, the test report should include a description of the illuminated MIL or stored OBD trouble codes. The intent in 40 CFR 1036, subpart E, was for manufacturers to notify the EPA of any vehicles disqualified from in-use testing due to MIL illumination or OBD fault codes, and this proposed addition to 40 CFR 1036.430(a)(1)(ii) clarifies what information is expected to support vehicle disqualification actions.</P>
                    <HD SOURCE="HD3">d. 40 CFR Part 1036, Subpart F—Test Procedures</HD>
                    <P>
                        The EPA is proposing to revise 40 CFR 1036.501(h) to clarify that, for nonhybrid engines that qualify and use the powertrain test procedures, the provisions specified for nonhybrid powertrain testing should be used. For example, in 40 CFR 1036.520, for nonhybrid powertrains, continuous rated power (
                        <E T="03">P</E>
                        <E T="52">contrated</E>
                        ) equals rated power (
                        <E T="03">P</E>
                        <E T="52">rated</E>
                        ).
                    </P>
                    <P>The EPA is proposing to add a new Figure 1 to 40 CFR 1036.501 to provide an example of a test sequence for determining criteria pollutant emissions for plug-in hybrid powertrains.</P>
                    <P>
                        The EPA is proposing to revise 40 CFR 1036.510(c) to clarify that testing over the SET duty cycle is required for both compression-ignition and spark-ignition engines as SET standards exist for both combustion types in 40 CFR 1036.104.
                        <PRTPAGE P="43173"/>
                    </P>
                    <P>The EPA is proposing to revise Figure 1 of 40 CFR 1036.510, Figure 1 of 40 CFR 1036.512, and Figure 2 of 40 CFR 1036.545 by removing “Engine Start” to eliminate confusion for plug-in hybrid powertrains in which the engine starts multiple times during charge-depleting operation to blend engine and electric power.</P>
                    <P>
                        The EPA is proposing to revise 40 CFR 1036.510(g), 1036.512(c), 1036.514(d), 1036.530(j)(1), and 1036.545(o)(7) to clarify that, for hybrid powertrains, when determining total work over a test interval in 40 CFR 1065.650(d), system power (
                        <E T="03">P</E>
                        <E T="52">sys</E>
                        ) from 40 CFR 1036.520(f) is used in place of the shaft power determination in 40 CFR 1065.650(d)(2) and paragraph 40 CFR 1065.650(d)(6) does not apply. In 40 CFR 1036.514(d), the EPA is also proposing to clarify that manufacturers would not exclude accessory loads when calculating total work over the LLC. The proposed clarification would be helpful because the direction in 40 CFR 1065.650(d)(6) to “set all power values to zero during idle periods with a corresponding reference torque of 0 N·m” could potentially lead someone to incorrectly believe that the accessory loads in 40 CFR 1036.514(c) should be excluded from the calculation of total work.
                    </P>
                    <P>
                        The EPA is proposing to revise 40 CFR 1036.510(b)(2) to clarify that, for hybrid powertrain testing, the manufacturer may set the battery to the lowest state-of-charge level that results in charge sustaining operation after preconditioning to help meet the net-energy-change requirement in 40 CFR 1036.545(a)(6). The EPA is also proposing to add a reminder to follow 40 CFR 1065.610(d)(3)(ii) to apply optional declared accessory loads. The EPA is proposing to revise 40 CFR 1036.510(b)(2)(iii) to correct the solution to the example problem for the calculation of 
                        <E T="03">C</E>
                        <E T="52">d</E>
                        <E T="03">A.</E>
                    </P>
                    <P>The EPA is proposing to republish the SET duty cycle in 40 CFR 1036.510, Table 1, as the current version has only three significant figures for the road-grade coefficients. This table was intended to originally be published with four significant figures for these coefficients to be consistent with the road grade coefficients in the transient test interval for spark-ignition engines and powertrains under 40 CFR 1036.512 in paragraph (b) of Appendix B to 40 CFR part 1036, the transient test interval for compression-ignition engines and powertrains under 40 CFR 1036.512 in paragraph (c) of Appendix B to 40 CFR part 1036, and the transient duty cycle for compression-ignition engines and powertrains under 40 CFR 1036.514 in paragraph (d) of Appendix B to 40 CFR part 1036. The number of significant figures influences the amount of work the engine does over the duty cycle. Updating the SET road-grade coefficients from three to four significant figures would result in a relatively large difference in work (up to 90 percent) for a few of the low power mode points, but would only result in a total cycle work difference of less than 0.2 percent.</P>
                    <P>The EPA is proposing to remove the charge-depleting (CD) test requirement for criterial pollutant testing for SET in 40 CFR 1036.510(d). The criteria pollutant testing requirements for CD testing are currently not consistent with how CD testing has been historically carried out on light-duty vehicles, for which CD testing is only required on the FTP for criteria pollutant testing. When the EPA originally drafted and finalized the CD criteria pollutant testing requirements in the 2023 Final Rule, the Agency intended to put heavy duty testing on par with light duty testing for plug-in hybrids. For that to occur, CD testing for heavy-duty engines should only apply to the FTP. Note that this proposed change requires moving the CD test procedure from 40 CFR 1036.510(d)(2) through (4) to 40 CFR 1036.510(e)(1) through (3) as both charge-sustaining (CS) and CD testing are still required over the SET for the National Highway Transportation Safety Administration's (NHTSA) fuel economy program.</P>
                    <P>The EPA is proposing to update 40 CFR 1036.510(g) by adding new subparagraphs (1), (2), and (3) to provide three exceptions when calculating work over the test interval from hybrid powertrains as described in 40 CFR 1065.650(d). These exceptions require determining shaft power at each point in the test interval using the system power from 40 CFR 1036.520(f) instead of calculating it according to 40 CFR 1065.650(d)(2) and not setting power values to zero as described in 40 CFR 1065.650(d)(6). Under this proposal, the first exemption is to keep powertrain testing consistent with engine testing by requiring the shaft power to be determined at the engine shaft regardless of where power is measured. Under this proposal, the second exemption is needed because the engine in a hybrid powertrain may start multiple times during the test and it would be unrepresentative to zero out this power, since the energy to start the engine is coming from the powertrain. Under this proposal, the third exemption is needed to correct the total work for criteria pollutant testing by the additional energy from the battery if the net energy change (NEC) over the duty cycle is greater than 1 percent and less than or equal to 5 percent. The correction is needed because the total work of the powertrain includes both the energy produced by the engine and the energy that comes from the battery. The EPA is not proposing to allow correction to total work if the NEC is less than −1 percent since the additional energy in the battery may have come from regenerative braking near the end of the duty cycle. In addition, the EPA is proposing in 40 CFR 1036.545(a)(6) to increase the tolerance of NEC from ± 1 percent to ± 5 percent.</P>
                    <P>The EPA is proposing to update 40 CFR 1036.512(c) to clarify the total mass of each constituent and the total work over the test interval is determined as described in 40 CFR 1036.510(g). This would make this process consistent across duty cycles and test intervals.</P>
                    <P>The EPA is proposing to update 40 CFR 1036.512(d) to clarify the determination of criteria pollutant emissions over the FTP for plug-in hybrid powertrains, including adding a new 40 CFR 1036.512(d)(1)(i) to carry out preconditioning of the engine or powertrain as described in 40 CFR 1065.518(c)(1).</P>
                    <P>The EPA is proposing to update the composite emission calculation for criteria pollutant determinations for CD testing of plug-in hybrid powertrains in 40 CFR 1036.512(d)(1)(iv). The FTP duty cycle was designed such that the engine would have 20 minutes of operation, starting from a cold soak, resulting in fully warmed-up operation prior to the soak period that precedes the start of the hot-start test interval. Testing of plug-in hybrid vehicles could result in a scenario in which, during the CD testing, the engine starts near the end of the test interval, resulting in the engine not being fully warmed up by the end of the test interval. This would result in the inclusion of what would be considered some cold-start operation in the hot-start test interval, which could have the potential to bias the composite emission value high, as the emissions from the hot-start test interval are 85.7 percent of the composite test cycle. To ensure that FTP emissions from plug-in hybrid powertrains are treated in the same manner as regular or hybrid powertrains, the EPA is proposing to calculate the composite emission value as follows:</P>
                    <P>
                        1. Determine the average of the sum of emissions over the first test intervals in which engine operation occurs and the subsequent test interval and add that to six times the emissions from the third 
                        <PRTPAGE P="43174"/>
                        test interval, which is the true hot-start test interval.
                    </P>
                    <P>2. Then divide that value by the average of the sum of the work over the first test intervals in which engine operation occurs and the subsequent test interval plus six times the work from the third test interval, which is the true hot-start test interval.</P>
                    <P>The EPA is proposing to update Figure 1 to paragraph (d)(4) of 40 CFR 1036.512 to remove the arrow that denotes “engine start” as the engine could start in other FTP test intervals without the engine entering charge sustaining operation. The EPA is also proposing to update the figure to support the proposed changes to 40 CFR 1036.512(d)(1)(iv).</P>
                    <P>The EPA is proposing to add a new Figure 1 to paragraph (d)(5) of 40 CFR 1036.512 to provide an example of the FTP CS criteria pollutant test sequence to provide an illustration of how the test sequence is carried out.</P>
                    <P>The EPA is proposing to revise 40 CFR 1036.514(a)(1)(i) to clarify what is meant by the statement that “Declared idle torque must be zero.” This proposed clarification is that the use of the optional declared idle torque in 40 CFR 1065.510(f)(5)(iii) is not allowed and must be zero. The EPA is proposing to revise 40 CFR 1036.514(b) to delete the existing paragraph 40 CFR 1036.514(b)(4) because there are no adjustments made to the procedures in the referenced 40 CFR 1036.510(d). The EPA is proposing to relocate the exception to replace “SET” with “LLC” to 40 CFR 1036.514(b)(1) and renumber subsequent paragraphs as the replacement of SET with LLC should be first in the order of exceptions.</P>
                    <P>The EPA is proposing to revise 40 CFR 1036.514(d) to reference 40 CFR 1036.510(g) to calculate the total mass of each constituent and the total work over the test interval rather than describing such in this paragraph. Doing this would provide one common location for total mass and work determination, including exceptions for hybrid powertrain testing. The EPA is also proposing to add a reminder that the work for accessory loads is not excluded from the work calculation as the LLC duty cycle has accessory load requirements that must be included.</P>
                    <P>The EPA is proposing to revise 40 CFR 1036.520(d) to clarify that when the manufacturer carries out the powertrain power and vehicle speed determination, the state-of-charge of the rechargeable energy storage system (RESS) must be at a representative level to deliver maximum power. The EPA is also proposing to change the warmup cycle to the FTP, rather than a recommendation of any vehicle speed and road grade that results in 75 percent of maximum power, to standardize the warmup and provide a level playing field across engine manufacturers. The EPA is also proposing to provide an initial ramp up of the vehicle speed to five mi/hr with a five second hold at this speed as the initial acceleration was not intended to be wide-open throttle from the initial depression of the pedal, which could cause problems for some powertrain architectures. The EPA is also proposing to alter the wide-open throttle maneuver after the five second hold at five mi/hr to ramp to the maximum driver demand for full load acceleration within three seconds. The EPA anticipates that these adjustments would provide some relief to the powertrain from the aggressive acceleration.</P>
                    <P>The EPA is proposing to revise 40 CFR 1036.520(e) and (f) to replace occurrences of “transmission input” with “engine's primary output” since the output shaft of the engine is the more commonly used term to identify where system power is determined for a conventional powertrain configuration.</P>
                    <P>The EPA is proposing to revise 40 CFR 1036.520(h) and (k)(2) to change the maximum coefficient of variation (COV) of the vehicle system power from two percent to one half of one percent. The COV is used to select data that determine measured rated power, which is then used to determine rated power and continuous rated power. The EPA is proposing this change because recent data from engine hybrid testing in which the transmission is simulated have shown that measured rated power is elevated during transmission upshift events, which can result in unrepresentatively high determinations of rated power and continuous rated power. Reducing the maximum COV of measured rated power from two percent to one half of one percent would lead to more representative values of rated power and continuous rated power by reducing the influence of shifting.</P>
                    <P>
                        The EPA is proposing to limit the values of 
                        <E T="03">P</E>
                        <E T="52">contrated</E>
                         and 
                        <E T="03">P</E>
                        <E T="52">rated</E>
                        , determined in 40 CFR 1036.520, for hybrids and plug-in hybrid powertrains. These values are used for determining the vehicle test mass and road grade in 40 CFR 1036.510, 1036.512, and 1036.514, using the equations in 40 CFR 1036.510. The equations were developed based on the rated power of non-hybrid diesel engines and with the assumption that hybrid powertrains would be designed to have comparable rated power to their non-hybrid diesel engine counterparts.
                        <SU>54</SU>
                        <FTREF/>
                         However, if a hybrid powertrain is designed to have higher rated power than its non-hybrid diesel engine counterparts, calculated values for vehicle test mass and road grade can result in a duty cycle that is not representative for the hybrid powertrain. To illustrate this, for example, the EPA has estimated that the Tesla Semi 
                        <SU>55</SU>
                        <FTREF/>
                         has a 
                        <E T="03">P</E>
                        <E T="52">contrated</E>
                         of 740 kilowatts (kW), which would result in a vehicle test mass of 86,630 kg (190,987 pounds) using Eq. 1036.510-1.
                        <SU>56</SU>
                        <FTREF/>
                         In this case, the vehicle test mass is not representative since the vehicle has a gross combined vehicle weight rating of 82,000 pounds. The EPA proposes to address this in 40 CFR 1036.520 by limiting the values of 
                        <E T="03">P</E>
                        <E T="52">contrated</E>
                         and 
                        <E T="03">P</E>
                        <E T="52">rated</E>
                         to the maximum value of rated power of non-hybrid diesel engines in that category. The EPA proposes to use the certification data for MY 2021 to 2024 diesel engines, which would result in the maximum rated power for Light HDE, Medium HDE, and Heavy HDE of 260, 340, and 450 kW, respectively.
                        <SU>57</SU>
                        <FTREF/>
                         For spark-ignition HDE, the EPA proposes using the same 260 kW value used for Light HDE. These rated power values would result in a maximum vehicle test mass of 22,009, 31,276, and 45,153 kg for Light HDE, Medium HDE, and Heavy HDE, respectively, using Eq. 1036.510-1. These values for vehicle test mass are comparatively high for vehicles with Light HDE, Medium HDE, and Heavy HDE, but the EPA's analysis supports that the power demand from the cycles would be representative when accounting for the corresponding road grade in each of the FTP, SET, and LLC duty cycles.
                        <SU>58</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>54</SU>
                             Memorandum to docket EPA-HQ-OAR-2026-0728. “Summary of the Development of the Powertrain FTP, SET, and LLC Duty Cycles.” June 2026.
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>55</SU>
                             There are currently no publicly available data on the rated power from heavy-duty plug-in hybrids. For this illustration, the EPA instead used the rated power of heavy-duty battery electric vehicles since the same e-motors can be used for plug-in hybrids and battery electric vehicles.
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>56</SU>
                             The 
                            <E T="03">P</E>
                            <E T="52">contrated</E>
                             of the Tesla Semi was estimated by using the performance specifications from Tesla's website (see 
                            <E T="03">www.tesla.com/semi</E>
                            ) of zero to 60 miles per hour (MPH) in 20 seconds, with a gross combined vehicle weight rating of 82,000 lbs and physics-based calculations for heavy-duty vehicles.
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>57</SU>
                             The certification data for diesel engines were used since data from diesel engines were used to develop the equations in 40 CFR 1036.510 for defining the vehicle model. Values were determined using rated power expressed to the nearest 10 kW. See Heavy-Duty Highway Gasoline and Diesel Certification Data (Model Years: 2015-Present). 
                            <E T="03">www.epa.gov/compliance-and-fuel-economy-data/annual-certification-data-vehicles-engines-and-equipment.</E>
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>58</SU>
                             Memorandum to docket EPA-HQ-OAR-2026-0728. “Summary of the Development of the Powertrain FTP, SET, and LLC Duty Cycles.” June 2026.
                        </P>
                    </FTNT>
                    <PRTPAGE P="43175"/>
                    <P>The EPA is proposing to update the emission sampling duration in the clean idle test in 40 CFR 1036.525(b)(3) from 1,200 second to 1,800 seconds to align this test with the CARB test procedure in 13 CCR 1956.8.</P>
                    <P>
                        The EPA is proposing to add a new paragraph (c) to 40 CFR 1036.530 to add the already-existing requirement to perform drift verification as described in 40 CFR 1065.935(g)(5)(ii) and (iii). The EPA is also proposing to clarify that, for drift verification of CO and HC under 40 CFR 1065.935(g)(5)(ii), the manufacturer must determine a corrected value of the off-cycle emission values for Bin 2 in g/kW·hr using equation 1036.530-3 for each interval between analyzer verifications. Under this proposal, the corrected value is then compared to the uncorrected value or to the Bin 2 emission standard in 40 CFR 1036.104(a)(3), whichever is greater, to determine whether the drift is within the specified percentage limit in 40 CFR 1065.935(g)(5)(ii). The EPA notes that carbon dioxide (CO
                        <E T="52">2</E>
                        ) drift correction and verification is based on the mass of CO
                        <E T="52">2</E>
                         as described in 1065.935(g)(5)(ii), which references 40 CFR 1065.550(b)(3)(ii)(A). Since there is no off-cycle standard for CO
                        <E T="52">2</E>
                        , 40 CFR 1065.550(b)(3)(ii)(A) indicates that the verification is done on a mass basis. The EPA notes that the NO
                        <E T="52">X</E>
                         drift verification is based on an analyzer zero-verification limit of ±2.5 parts per million (ppm) for each interval between analyzer verifications, a zero-drift limit over the shift day of ±10 ppm, and a span-drift limit for each interval between analyzer span verifications of ±4 percent of the measured span gas value. The EPA is proposing to revise 40 CFR 1036.530(c)(2) to replace the term “windows” with “test intervals” as the Agency believes this term is clearer given that the 300 seconds of data that are averaged for binning purposes constitute a test interval. The EPA is proposing to revise 40 CFR 1036.530(c)(3)(ii) to clarify that no data is valid when the operator has the engine off beyond the existing exceptions for stop-start and automatic engine shutdown systems and a proposed additional exception for certain hybrid powertrains. Hybrid powertrains for which the engine does not operate at zero vehicle speed when the powertrain is keyed on work in a similar manner to stop-start and automatic engine shutdown technologies by eliminating engine idle when the engine is off, the vehicle speed is zero, and the powertrain is keyed on. The EPA is proposing to add a cross-reference to the newly proposed 40 CFR 1036.415(h) to consistently allow this hybrid powertrain type of idle reduction technology to report an emission rate of zero during these scenarios. The EPA is also proposing to add two test interval data condition exclusions at 40 CFR 1036.530(c)(3)(viii) and (ix), gas analyzer range validation failure according to 40 CFR 1065.935(g)(5)(i) and any data that does not meet the drift criteria in 40 CFR 1065.935(g)(5)(ii). This data is currently required to be excluded under existing 40 CFR 1065.935(g)(5); however, the EPA is proposing conforming additions under this provision for completeness and clarity, to make it easier for manufacturers to locate all the exclusion requirements in one place. The EPA is additionally proposing to revise the variable description for 
                        <E T="03">e</E>
                        <E T="52">CO2FTPFCL</E>
                         in 40 CFR 1036.530(e) to clarify that it is also the CS CO
                        <E T="52">2</E>
                         emissions over the FTP duty cycle for plug-in hybrid powertrains. The variable 
                        <E T="03">e</E>
                        <E T="52">CO2FTPFCL</E>
                         is used as a surrogate for work and, if the CD CO
                        <E T="52">2</E>
                         under the existing variable description was used, it would give a reduced work value as the CO
                        <E T="52">2</E>
                         emissions under CD operation do not represent the amount of work being done due to the hybrid contribution. The EPA is thus proposing that the CS CO
                        <E T="52">2</E>
                         emissions must be used to properly determine the normalized CO
                        <E T="52">2</E>
                         emission mass over a 300-second test interval for off-cycle emissions. The EPA is also proposing to revise the variable description for 
                        <E T="03">m</E>
                        <E T="52">CO2</E>
                         in 40 CFR 1036.530(g)(1) to clarify that it is the total drift-corrected CO
                        <E T="52">2</E>
                         emission mass over the test interval. Drift correction is required for all gaseous pollutants measured during off-cycle testing as described in 40 CFR 1065.935(g)(5)(ii). This clarification is a reminder to the manufacturer that the CO
                        <E T="52">2</E>
                         emission mass over the test interval must be drift corrected.
                    </P>
                    <P>
                        The EPA is considering a revision to 40 CFR 1036.530(c)(3)(iii) to allow the existing exclusion of data during an infrequent regeneration event to include any additional time needed for emissions levels to return to normal baseline levels. Under 40 CFR 1065.680, as amended in the 2023 Final Rule, the EPA specified that the duration of a regeneration event continues until aftertreatment performance and emission levels have fully returned to normal. The EPA adopted this change for certification because the FTP, SET, and LLC duty cycles are relatively short and data from operation immediately following regeneration may unrepresentatively bias measured emissions high on the short certification cycles. In addition, 40 CFR 1065.680 is structured to capture the emissions over the complete cycle, including operation during regeneration and the period until the next regeneration event occurs. As a result, defining the operation after a regeneration event when emissions are still stabilizing as part of the regeneration does not change the calculated infrequent regeneration adjustment factor and mitigated concerns that post-regeneration operation would otherwise be treated as normal baseline operation. The EPA requests comment on whether a corresponding redefinition of the regeneration event is warranted for off-cycle testing under 40 CFR 1036.530(c)(3)(iii). (C-13). The EPA notes that operation subject to off-cycle test procedures differs from certification duty cycles in that off-cycle testing spans significantly longer durations, reducing the likelihood that post-regeneration stabilization periods would disproportionately bias emissions high. In fact, exclusion of this data may result in biasing the emissions subject to the off-cycle standards low.
                        <SU>59</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>59</SU>
                             40 CFR 1036.420(c) requires that Bin 1 include at least 2,400 test intervals (which is approximately 45 minutes of engine operation) and Bin 2 include at least 10,000 test intervals (which is approximately three hours of engine operation).
                        </P>
                    </FTNT>
                    <P>
                        The EPA is proposing amendments to 40 CFR 1036.545 to clarify and improve the powertrain test procedures. The EPA is proposing to update 40 CFR 1036.545(a)(3)(i) to clarify how the transmission state (in gear or idle) should be updated in the Greenhouse Gas Emissions Hardware-in-the-Loop (GEM HIL) model. The update should occur in the driver interface block. The EPA is proposing to revise 40 CFR 1036.545(a)(3)(ii) to clarify that a human driver can be used instead of a driver model. The EPA is proposing to revise Figure 1 to paragraph (a)(11) of 40 CFR 1036.545 by removing the appearance of “drive idle” and “parked idle” duty cycles from box 7, as they are only required to be run for engines installed in vocational vehicles under the existing 40 CFR 1036.535(c). Also in Figure 1, the EPA is proposing to modify the duty cycle exceptions notes for SET, FTP, and LLC to include notes, in addition to the existing note to disregard duty cycles in step 7, to disregard the duty cycles in step 8 and to disregard steps 10 and 11 in their entirety. The EPA is proposing these additions in this figure as these steps are not relevant to testing powertrains over SET, FTP, and LLC duty cycles. The EPA is also proposing to redesignate the paragraph that the figure resides in as 40 CFR 1036.545(a)(13).
                        <PRTPAGE P="43176"/>
                    </P>
                    <P>
                        The EPA is proposing to revise Equation 1036.545-4 in the vehicle model calculations of 40 CFR 1036.545(f)(3) to clarify that cumulative distance, 
                        <E T="03">D</E>
                        <E T="54">i</E>
                        <E T="52">-1</E>
                        , used to determine the percent grade (
                        <E T="03">G</E>
                        <E T="54">i</E>
                        <E T="52">-1</E>
                        ), is calculated at each time step 
                        <E T="03">i</E>
                         to determine the cumulative distance driven from the test cycle grade profile in 40 CFR part 1037, appendix D.
                    </P>
                    <P>The EPA is proposing to revise 40 CFR 1036.545(j)(4) to set the dynamometer target torque to zero when ramping to the target speed at 1 mi/hr/s. The proposed change is intended to minimize the energy used from the plug-in hybrid battery before the CD test sequence has started and to clarify the ramp rate. The EPA is proposing to revise 40 CFR 1036.545(j)(5) to clarify that, for plug-in hybrids, for a CD cruise cycle test sequence, the manufacturer must transition to the next duty cycle without altering the powertrain speed. This is because plug-in hybrid powertrains run the same vehicle configuration for the cruise cycles back-to-back to go from CD to CS, therefore they should not transition to zero vehicle speed between each cruise cycle. In 40 CFR 1036.545(j)(6), the EPA proposes to remove hyphens in the term “duty cycle” and clarify that the start of the next duty cycle must be within 60 to 180 seconds after shutting off the powertrain for non-plug-in hybrid and conventional powertrains. This is a conforming proposed revision as the plug-in hybrid would be able to run the duty cycles immediately per the update the EPA is proposing to 40 CFR 1036.545(j)(5).</P>
                    <P>The EPA is proposing to update 40 CFR 1036.545(m) to clarify that the manufacturer may delete points before performing the cycle validation when a hybrid engine is at idle. The EPA is also proposing to clarify that when manufacturers validate the measured output speed, they may time-align the reference and measured output speed values by up to 0.5 seconds as described in 40 CFR 1065.514(c).</P>
                    <P>
                        The EPA is proposing to revise Equation 1036.545-9 used to create the GEM input for the simulated vehicle configurations in 40 CFR 1036.545(o)(3) to clarify that cumulative distance, 
                        <E T="03">D</E>
                        <E T="52">CD</E>
                        <E T="54">i</E>
                        <E T="52">-1</E>
                        , is calculated at each test interval to determine the cumulative distance driven under CD conditions, which is then used to determine the utility factor.
                    </P>
                    <P>The EPA is proposing to revise 40 CFR 1036.545(o)(4)(i) to correct an error in the equation referenced for testing with the torque measurement at the wheel hubs. The reference should be to Eq. 1036.545-10 instead of Eq. 1036.545-8.</P>
                    <P>The EPA is proposing to revise 40 CFR 1036.555(a) to replace the term “windows” with “test intervals” as the Agency believes this term is clearer given that the 300 seconds of data that are averaged for binning purposes constitute a test interval.</P>
                    <HD SOURCE="HD3">e. 40 CFR Part 1036, Subpart I—Definitions and Other Reference Information</HD>
                    <P>The EPA proposes several revisions to the definitions of 40 CFR 1036.801. The EPA proposes new definitions for the terms “certified configuration” and “useful life” that are used throughout 40 CFR part 1036 but not explicitly defined. The EPA proposes corrections to the definition of “designated compliance officer” to reflect a recent reorganization in the Agency's Office of Transportation and Air Quality.</P>
                    <P>The EPA is proposing to update ASTM D975, ASTM D4809, ASTM D4814, and ASTM D7467, that are incorporated by reference in 40 CFR 1036.810(a), to the latest versions. The EPA is also proposing to correct existing 40 CFR 1036.810(d)(4) by adding the missing document title for CARB's 2019 regulation “13 CCR 1971.5” in the incorporation by reference entry.</P>
                    <HD SOURCE="HD3">f. 40 CFR Part 1036, Appendix B—Transient Duty Cycles</HD>
                    <P>The EPA proposes to amend the footnotes for the transient test intervals for spark-ignition and compression-ignition engines in paragraphs (b) and (c), respectively, of Appendix B to 40 CFR part 1036 and the transient duty cycle for compression-ignition engines in paragraph (d) of Appendix B to 40 CFR part 1036 to change them from “Close throttle motoring” to “Minimum operator demand.” This proposed change would alleviate any confusion for engines that do not have throttles. The intent of the motoring points in these test intervals and duty cycles is to operate the engine with minimum operator demand, which results in the throttle being closed for engines that have throttles.</P>
                    <HD SOURCE="HD3">2. Proposed Revisions for Heavy-Duty Vehicles (40 CFR Part 1037)</HD>
                    <P>
                        The existing regulation at 40 CFR 1037.103 establishes evaporative and refueling standards for heavy-duty vehicles. For vehicles using liquefied natural gas, the existing regulation establishes hold-time requirements to limit off-gassing of fuel by referencing SAE J2343. The EPA is proposing to update the reference to the February 2018 version of SAE J2343 for the hold-time requirements that apply to those refueling systems. Also, the existing regulation specifies fuel connection requirements for vehicles using compressed natural gas by referencing the ANSI NGV1 standard in 40 CFR 86.1813-17. The EPA is similarly proposing to update the reference to the version of the ANSI NGV1 standard that was published December 2022.
                        <SU>60</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>60</SU>
                             See the proposed changes to the incorporation by reference provisions in 40 CFR 1037.810 and 40 CFR 86.1.
                        </P>
                    </FTNT>
                    <P>
                        An earlier final rule included provisions allowing limited numbers of qualified heavy-duty highway vehicles to have certified engines meet alternative standards derived from the EPA's nonroad engine programs.
                        <SU>61</SU>
                        <FTREF/>
                         The provisions apply to amphibious vehicles, vehicles with maximum operating speeds of 45 mph or less, and all-terrain vehicles with portal axles. The provisions also apply to hybrid vehicles with engines that provide energy for an RESS. The EPA added a sunset clause for hybrid vehicles at the end of MY 2027 based on the expectation that greenhouse gas standards would lead to widespread availability of engines certified with hybrid power systems to emission standards under 40 CFR part 1036. Once there are engines certified to heavy-duty highway standards under 40 CFR part 1036 that meet the design requirements of these vehicles, it will no longer be necessary to preserve the option to use engines meeting the alternative standards. However, the EPA's observation is that engine manufacturers have been hesitant to pursue certification with hybrid powertrain systems and that the available highway-certified engines are too large for these applications, which leaves vehicle manufacturers with very limited prospects for pursuing these specific heavy-duty highway vehicle designs with hybrid powertrains after MY 2027. The EPA is proposing to address this by extending the allowance to use the alternative standards through MY 2030. At the same time, the EPA is proposing to reduce the annual limit on the number of such vehicle manufacturers may produce from 1,000 to 200. This change would treat specialty vehicles with hybrid powertrains the same as the other types of specialty vehicles. The EPA is not aware of any company having plans to produce more than 200 heavy-duty highway vehicles with hybrid powertrains per year that meet the qualifications in 40 CFR 1037.605. The proposed reduction in the maximum number of covered vehicles is intended only to avoid creating an incentive for companies to develop new 
                        <PRTPAGE P="43177"/>
                        plans to exploit the provision to circumvent the more stringent standards for heavy-duty engines certified under 40 CFR part 1036. The EPA is aware that this proposal comes at a time when it is difficult to predict how technology and marketing developments will lead to new availability of engines to serve vehicle manufacturers intending to make these specific hybrid vehicles beyond MY 2027. The EPA accordingly requests comment on the possible need to entirely remove the sunset on alternative standards for engines installed in hybrid vehicles. Similarly, the EPA requests comment on the need for a different limit on the annual number of hybrid vehicles with engines certified to the alternative standards, including maintaining the limit at 1,000. (C-14).
                    </P>
                    <FTNT>
                        <P>
                            <SU>61</SU>
                             80 FR 73478 (Oct. 25, 2016).
                        </P>
                    </FTNT>
                    <P>The EPA is also proposing minor amendments to 40 CFR 1037.605 to include references to the engine standards in 40 CFR part 86, subpart A. 40 CFR 1037.605 describes how vehicle manufacturers can use engines certified to alternative standards for certain specialty vehicles. The EPA previously amended 40 CFR 1037.605 to refer to the alternative standards specified in 40 CFR 1036.605. However, those alternative standards do not take effect until MY 2027 and the proposed amendments refer to analogous alternative standards that apply currently to heavy-duty engines under 40 CFR 86.007-11 and 86.008-10. The EPA is proposing to add the part 86 references to 40 CFR 1037.605 to clarify the appropriate cross-references through MY 2026.</P>
                    <P>The EPA proposes to revise 40 CFR 1037.801 to update the definition of “Designated Compliance Officer” to reflect recent Agency reorganization.</P>
                    <HD SOURCE="HD3">3. Proposed Revisions for Engine-Testing Procedures (40 CFR Part 1065)</HD>
                    <HD SOURCE="HD3">a. 40 CFR Part 1065, Subpart A—Applicability and General Provisions</HD>
                    <P>
                        The EPA proposes to clarify in 40 CFR 1065.1(e) the use of the term “test procedures” to include actions related to required measurements, not just measurements related to emission standards.
                        <SU>62</SU>
                        <FTREF/>
                         The EPA is proposing several revisions to 40 CFR 1065.10, which specifies how other procedures can apply to testing. First, the EPA is proposing to remove paragraph (d) and move the existing text into the introductory text of paragraph (c) for clarity. The EPA proposes to correct terminology in the introductory text of paragraph (c) for two references to paragraphs within the section. The EPA also proposes to revise paragraph (c)(6) to clarify that, while the regulations generally allow manufactures to continue to use previously applicable test procedures for up to 12 months following the effective date, the Agency may, through a rulemaking, identify an earlier start date under the standard setting regulations for certain changes to test procedures, consistent with existing 40 CFR 1065.5(b). For example, the EPA may require manufacturers to use an updated equation starting on the effective date of a rule. The EPA proposes to revise paragraph (c)(7) for consistency with the corresponding engine testing provisions for recreational engines and vehicles in 40 CFR part 1051. Specifically, existing text in 40 CFR 1051.501(g)(2) states that “We may reject data you generate using alternate procedures if later testing with the otherwise specified procedures shows contradictory emission data.” The proposed revision would copy the text from 40 CFR 1051.501(g)(2) into 40 CFR 1065.10(c)(7) to clarify that the principle applies universally for all sectors.
                    </P>
                    <FTNT>
                        <P>
                            <SU>62</SU>
                             This proposed revision is consistent with the proposed revision to 40 CFR 1066.1(f).
                        </P>
                    </FTNT>
                    <P>
                        In 40 CFR 1065.10 and 1065.12, the EPA proposes to replace references to “alternate procedures” with “alternative procedures” to be more precise. This proposed update in terminology, including for similarly imprecise uses of “alternate” (
                        <E T="03">e.g.,</E>
                         “alternate methods”), is reflected in proposed changes throughout 40 CFR parts 1036, 1037, and 1065.
                        <SU>63</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>63</SU>
                             Memorandum to docket EPA-HQ-OAR-2026-0728. “Detailed Description of Proposal to Migrate Provisions for Nonconformance Penalties from 40 CFR part 86, subpart L, to 40 CFR part 1071.” June 2026.
                        </P>
                    </FTNT>
                    <HD SOURCE="HD3">b. 40 CFR Part 1065, Subpart B—Equipment Specifications</HD>
                    <P>
                        The EPA is proposing to add a new 40 CFR 1065.140(b)(2)(vi) to allow the option to measure PM background concentrations for full and partial flow dilution sampling systems according to 40 CFR 1066.110(b)(2)(i). Currently, 40 CFR 1065.140(b) only allows measurement of the PM background concentration from the dilution air itself from the full-flow or partial-flow sampling system and the measurement must be carried out simultaneously with the emissions test. During the development of the vehicle testing procedures in 40 CFR part 1066, specifically during the light-duty vehicle Tier III rule, the EPA promulgated PM background measurement options for vehicle testing that could be used in addition to provisions in 40 CFR 1065.140(b).
                        <SU>64</SU>
                        <FTREF/>
                         These options were to address concerns from thermophoretic wall loss and subsequent re-entrainment of VOCs and semi-VOCs that can occur in the sampling system during a vehicle test and carry over to other vehicle tests. This concept is known as sampling artifact and can result in mass contribution to the sample filter due to both condensation of the hydrocarbons into PM and the filter materials ability to absorb gas-phase hydrocarbons. The filter mass gain associated with sampling artifacts could be test site-specific or similar across multiple test sites.
                    </P>
                    <FTNT>
                        <P>
                            <SU>64</SU>
                             79 FR 23829 (April 28, 2014).
                        </P>
                    </FTNT>
                    <P>The PM background concentration measurement options that the EPA is proposing to allow include:</P>
                    <P>1. Use of a single test-site or multi test-site derived PM background correction using a moving-average background value if the PM sample media were all made by the same manufacturer and material.</P>
                    <P>2. Sampling of the PM background any time before or after an emission test provided the dilution tunnel blower is on, the vehicle is disconnected from the laboratory exhaust tubing, and the laboratory exhaust tubing is capped.</P>
                    <P>3. The duration of the background sample may be different than that of the test cycle in which the background correction is being applied.</P>
                    <P>4. The PM background correction may not exceed 5 micrograms (μg) or five percent of the net PM mass expected at the standard, whichever is greater.</P>
                    <P>Given the precedent set in the vehicle testing procedures, the EPA proposes that it is appropriate to provide engine manufacturers with similar relief to address PM sampling artifact associated with the engine testing procedures. The filter loading for a heavy-duty highway engine complying with the 2027 p.m. standard of 5 mg/hp·hr, tested in compliance with the minimum overall dilution ratio requirements in 40 CFR 1065.140(e)(2), will be around 80 μg on average and 35 μg at around 2 mg/hp·hr, which is the PM certification level expected. At 40 percent of the standard, the maximum allowable PM background correction of 5 μg would only reduce the resulting brake-specific mass result by 14.5 percent, with a 6.5 percent effect at the standard.</P>
                    <HD SOURCE="HD3">c. 40 CFR Part 1065, Subpart C—Measurement Instruments</HD>
                    <P>
                        In 40 CFR 1065.225(a)(1), the EPA proposes to correct a publication error that removed paragraph (a)(1) introductory text.
                        <PRTPAGE P="43178"/>
                    </P>
                    <P>
                        In 40 CFR 1065.257(d)(2), the EPA proposes to change the section reference for H
                        <E T="52">2</E>
                        O laser infrared analyzer (LIA) interference verification from 40 CFR 1065.375, which is the interference verification procedure for N
                        <E T="52">2</E>
                        O analyzers, to a newly proposed verification in 40 CFR 1065.358 that is specific to H
                        <E T="52">2</E>
                        O LIAs. Additional information on the proposed new interference verification can be found in section of this preamble describing changes to 40 CFR part 1065, subpart D.
                    </P>
                    <HD SOURCE="HD3">d. 40 CFR Part 1065, Subpart D—Calibrations and Verifications</HD>
                    <P>
                        The EPA is proposing to revise the linearity verification frequency for torque in Table 1 to 40 CFR 1065.303. The regulation in 40 CFR 1065.303 currently requires linearity verification of torque measurement transducers and systems upon initial installation, within 370 days of testing, and after major maintenance. Linearity verifications typically involve the use of a series of calibration weights and a lever arm or use of a reference load cell or proving ring in series. Ratings for torque meters used for testing transmissions, axles, and large engines (
                        <E T="03">e.g.,</E>
                         a 2-megawatt engine) can be 6 to 10 kilonewton-meters (kN·m) or higher. For these high-load torque systems, in-house calibration with weights and a lever arm or a reference load cell is not practical due to the space constraint and the time involved in the setup. Torque systems of this capacity are instead typically sent to the manufacturer for calibration. The calibration can take up to six months, including shipping time. This generally requires labs to have two sets of torque measurement systems to avoid downtime. The linearity verification requirements are set up to create an expectation of annual verifications. However, this arrangement of alternating measurement systems forces a lab to do the calibrations and then store the equipment until the calibration approaches expiration for the alternative set of equipment. The anticipated 370 days of testing for the calibration is typically reduced by several months after calibration during this storage period. This results in additional cost to the test lab. Data provided by torque measurement system manufacturers have indicated that, for systems or transducers sent off-site for linearity verification and then stored in a controlled environment, there is no degradation in the linearity for at least 185 days prior to re-entering service. To recognize the validity of a full year of calibrated measurement from torque measurement transducers and systems, the EPA is proposing to delay the start of the 370-day period by up to 185 days for equipment stored in a controlled environment. The extra time for preserving the calibrated equipment includes time to transport the equipment, before or after delivery to the test lab, even with no controlled environment during shipping.
                    </P>
                    <P>
                        The EPA is proposing to add the H
                        <E T="52">2</E>
                        O Fourier transform infrared (FTIR) spectroscopy interference verification in 40 CFR 1065.357, the H
                        <E T="52">2</E>
                        O LIA interference verification in 40 CFR 1065.358, and the ammonia (NH3) interference verification in 40 CFR 1065.377 to Table 1 to 40 CFR 1065.303 as they were accidentally omitted from the table when these sections were added to the CFR in a previous rule.
                    </P>
                    <P>
                        The EPA is proposing to revise the linearity verification frequency for H
                        <E T="52">2</E>
                        O LIAs in Table 1 to 40 CFR 1065.303. H
                        <E T="52">2</E>
                        O LIAs, which are a new analyzer type added to the CFR during a previous rule, are required to follow the linearity verification frequency for general gas analyzers of within 35 days before testing. H
                        <E T="52">2</E>
                        O FTIR analyzers are required to follow the linearity verification frequency for FTIR analyzers within 370 days before testing. At the time the H
                        <E T="52">2</E>
                        O LIAs and FTIR analyzers were added to 40 CFR part 1065, the H
                        <E T="52">2</E>
                        O LIA was not added to the list of analyzers that are allowed a longer verification frequency in Table 1 to 40 CFR 1065.303. The FTIR analyzers and H
                        <E T="52">2</E>
                        O LIAs” linearity is inherently more stable than other analyzer types. Thus, for these reasons, the EPA is proposing to decrease the linearity verification frequency from 35 days to 370 days before testing to put this analyzer type on a level field with the FTIR. The EPA also notes that since H
                        <E T="52">2</E>
                        O analyzers were recently added to 40 CFR part 1065 to facilitate the certification of engines operating on zero-carbon fuels, no one has certified to date using the existing procedure that this proposed correction would revise.
                    </P>
                    <P>
                        The EPA is proposing to add a new 40 CFR 1065.358 to provide a procedure to verify interference from H
                        <E T="52">2</E>
                        O LIAs that is specific to this type of analyzer. Under the current 40 CFR 1065.257(d)(2), which was a new section added to the CFR during a previous rule, H
                        <E T="52">2</E>
                        O LIAs are required to follow the interference verification procedure in 40 CFR 1065.375 for N
                        <E T="52">2</E>
                        O analyzers, while H
                        <E T="52">2</E>
                        O FTIR analyzers are required to follow the FTIR specific procedure in 40 CFR 1065.357. At the time 40 CFR 1065.257 was written, it was thought that the H
                        <E T="52">2</E>
                        O LIA could use the same verification as the N
                        <E T="52">2</E>
                        O analyzer. The H
                        <E T="52">2</E>
                        O FTIR analyzer procedure was not appropriate for H
                        <E T="52">2</E>
                        O LIAs as CO
                        <E T="52">2</E>
                         is the interference gas for FTIRs and the interference gas(es) for H
                        <E T="52">2</E>
                        O LIAs is dependent on the infrared absorption band. Recently, it was brought to the EPA's attention that there are multiple issues with requiring H
                        <E T="52">2</E>
                        O LIAs to use the N
                        <E T="52">2</E>
                        O analyzer interference verification procedure. Specifically, the system requirement (interference limit) is two orders of magnitude more stringent for the N
                        <E T="52">2</E>
                        O interference verification for the H
                        <E T="52">2</E>
                        O LIA than what is required for FTIR; 1.0 micromoles per mol (μmol/mol) (1 ppm) for N
                        <E T="52">2</E>
                        O verification versus 0.4 millimoles per mol (mmol/mol) (400 ppm) for the H
                        <E T="52">2</E>
                        O FTIR. The full-scale range for both the FTIR and H
                        <E T="52">2</E>
                        O LIAs is greater than 30 percent, therefore, system requirement should be 0.4 mmol/mol for both analyzers. The other issue is that the interference species are dependent on the H
                        <E T="52">2</E>
                        O infrared absorption band and some of the interferent species may dissolve in water. The current required N
                        <E T="52">2</E>
                        O interference procedure for H
                        <E T="52">2</E>
                        O infrared analyzers requires that the interference gases are humidified by passing them through a bubbler. Thus, for these reasons, the EPA no longer considers the N
                        <E T="52">2</E>
                        O interference procedure appropriate for the H
                        <E T="52">2</E>
                        O infrared analyzer. This proposed new H
                        <E T="52">2</E>
                        O infrared analyzer interference verification procedure would put this analyzer type on a level field with the FTIR. The EPA also notes that since H
                        <E T="52">2</E>
                        O analyzers were recently added to 40 CFR part 1065 to facilitate the certification of engines operating on zero-carbon fuels, no one has certified to date using the existing procedure that this proposed correction would revise.
                    </P>
                    <P>The EPA is proposing to lower the tolerance on the value returned from successive mass determinations of reference PM sample media (filters) during reference sample weighing for the PM balance weighing process verification in 40 CFR 1065.390(d). The process currently requires that successive mass determinations of the reference filters return the same value within ±10 μg or ±10 percent of the net PM mass expected at the standard, whichever is higher.</P>
                    <P>
                        The ±10 μg tolerance is a wide range for particulate filter-equipped engines and vehicles meeting current emission standards. A review of some engine and vehicle manufacturer PM weigh rooms indicated that their weighing process verification returns values within ±5 μg when everything is working properly, indicating that a tighter tolerance is warranted to dictate quality PM weighing process practice. The EPA notes that there are still some engine categories with PM standards that are 
                        <PRTPAGE P="43179"/>
                        not particulate filter forcing, specifically category 1 and 2 marine engines and locomotive engines. For these engines, a tolerance of ±5 μg is unnecessarily tight, as the PM standards for these engines are generally one to two orders of magnitude higher than passenger vehicles, heavy-duty highway engines, and nonroad land-based engines regulated in 40 CFR parts 86, 1036, and 1039, respectively. To address this, the EPA will maintain the inclusion of the ±10 percent of the net PM mass expected at the standard option, which will maintain a larger tolerance for category 1 and 2 marine engines and locomotive engines.
                    </P>
                    <HD SOURCE="HD3">e. 40 CFR Part 1065, Subpart F—Performing an Emission Test Over Specified Duty Cycles</HD>
                    <P>The EPA is proposing to remove references to “electronic integrating devices” throughout 40 CFR part 1065, which includes deleting 40 CFR 1065.530(b)(8), redesignating the following paragraphs, and revising paragraphs (c)(1), (c)(2), and (c)(3). The use of “electronic integrating devices” predates the use of current electronic data loggers. This step in the pre-emission sampling process is obsolete and, therefore, the EPA is proposing to remove it.</P>
                    <P>The EPA is proposing to replace all occurrences of “results” with “values” in 40 CFR 1065.550 because the term “values” more closely resembles the emissions that are being verified for drift. The EPA is also proposing to delete all occurrences of “brake-specific” when referring to drift verification as the drift verification can be done on a brake-specific or mass per unit time (off-cycle Bin 1 testing) basis. Removal of “brake-specific” will make the drift verification procedure more universal.</P>
                    <HD SOURCE="HD3">f. 40 CFR Part 1065, Subpart G—Calculations and Data Requirements</HD>
                    <P>The EPA is proposing to revise the variable descriptions for Equation 1065.640-1 to better define the terms by clarifying which variables are from the reference flow meter and which flow rates are at standard conditions.</P>
                    <P>
                        The EPA is proposing to revise 40 CFR 1065.642(c)(2) to replace the variable 
                        <E T="03">V</E>
                        <E T="52">stdref</E>
                         with 
                        <E T="03">
                            V
                            <AC T="b"/>
                        </E>
                        <E T="52">stdref</E>
                         as the variable description indicated that the term is a volume flow rate and rate variables are denoted by an “over dot” in the NIST SP 811 style guide. The EPA is also proposing to revise the variable description to clarify that this is the standard volume flow rate output by the critical flow venturi (CFV) constant volume sampler (CVS) flow meter at a standard temperature and standard pressure.
                    </P>
                    <P>
                        The EPA is proposing to update the default CO
                        <E T="52">2</E>
                         background concentrations from 375 μmol/mol to 428 μmol/mol to reflect the increase in background CO
                        <E T="52">2</E>
                        , which affects the carbon balance error verification and chemical balance calculations. These calculations are used to determine the exhaust gas mass flow that is needed for criteria pollutant mass emission calculations. The updates are being proposed to 40 CFR 1065.643 for the exhaust mass flow carbon balance error verification, Table 1 of 40 CFR 1065.655 for the amount of intake air CO
                        <E T="52">2</E>
                         per mole of dry intake air and for the amount of dilution gas CO
                        <E T="52">2</E>
                         per mole of dry dilution gas, Table 1 of 40 CFR 1065.656 for the amount of intake air CO
                        <E T="52">2</E>
                         per mole of dry intake air and for the amount of dilution gas CO
                        <E T="52">2</E>
                         per mole of dry dilution gas, and 40 CFR 1065.672 for drift correction. This proposed updates also affect the flow meter calibrations for CFV and subsonic venturis. Specifically, the molar mass of dry air is used in the molar mass of exhaust calculation in Equation 1065.640-9 of 40 CFR 1065.640, resulting in the need to update the molar mass of dry air value to 28.96623 grams per mol (g/mol). Updating this value results in a change of 0.002 percent when compared to the existing value of 28.96559 g/mol. Proposing this change also requires updating the molar mass of dry exhaust value from 28.7805 g/mol to 28.7812 g/mol in the example problems in 40 CFR 1065.640(d)(1) and 1065.642(b) and (c).
                    </P>
                    <P>The EPA proposes to republish 40 CFR 1065.645(b) to improve the publication quality of existing Equation 1065.645-3.</P>
                    <P>The EPA proposes to republish 40 CFR 1065.650(b) and (g)(2)(ii) to improve the publication quality of existing equations.</P>
                    <P>The EPA is proposing to update 40 CFR 1065.650(d)(6) to clarify that all power values are set to zero during idle periods with a corresponding denormalized reference torque of 0 Newton-meters (Nm). For test cycles like the LLC that have long idle durations in which only accessory torque is applied, per the standard setting part, this work is required to be included in the cycle work calculation. However, as 40 CFR 1065.650(d)(6) currently exists, one could argue that this work is not included because curb-idle transmission torque (CITT) isn't applied, reference speed and torque are idle speed and 0 Nm (0 percent, 0 percent), and there is no mention of accessory load.</P>
                    <P>The EPA is proposing to update 40 CFR 1065.650(e)(2) to correct an equation reference error. The equation to calculate mean power is Equation 1065.650-14, but the paragraph incorrectly references Equation 1065.650-13.</P>
                    <P>The EPA proposes to republish 40 CFR 1065.655(c)(4) and (f) to improve the publication quality of existing equations in those paragraphs. The EPA is also proposing to revise 40 CFR 1065.655(e)(1)(i) to clarify that when verifying that the carbon, hydrogen, oxygen, sulfur, and nitrogen mass fractions add up to a total mass of 100 ±0.5 percent, normalization of the mass fraction results to total 100 percent is not allowed. This is to address concerns and ensure that test labs do not normalize their test results to falsely give the appearance that the test results meet the 100 ±0.5 percent requirement.</P>
                    <P>The EPA proposes to republish 40 CFR 1065.650(g)(2)(ii) and 1065.656(f) to improve the publication quality of existing variables in the text.</P>
                    <HD SOURCE="HD3">g. 40 CFR Part 1065, Subpart H—Engine Fluids, Test Fuels, Analytical Gases, and Other Calibration Standards</HD>
                    <P>
                        The EPA is proposing to revise 40 CFR 1065.750(a)(6) to extend the use of this procedure, which generates H
                        <E T="52">2</E>
                        O calibration gases with a humidity generator, to H
                        <E T="52">2</E>
                        O LIAs. The paragraph, as currently written, inadvertently limits the use to H
                        <E T="52">2</E>
                        O FTIR analyzers. Both of these analyzer types require the use of a humidity generator to generate the calibration gases needed to perform the required 40 CFR 1065.307 linearity checks.
                    </P>
                    <HD SOURCE="HD3">h. 40 CFR Part 1065, Subpart J—Field Testing and Portable Emission Measurement Systems</HD>
                    <P>The EPA is proposing to remove references to “electronic integrating devices” throughout 40 CFR part 1065, which includes removing 40 CFR 1065.935(c)(1), redesignating the following paragraphs, and revising 40 CFR 1065.935(d)(2). The use of “electronic integrating devices” predates the use of current electronic data loggers. This step in the pre-emission sampling process is obsolete and, therefore, the EPA is proposing to remove it.</P>
                    <P>
                        The EPA is proposing to revise 40 CFR 1065.935(g)(4)(ii) by deleting the last sentence that provides instruction regarding data that do not meet the drift criterion. This instruction is redundant, already addressed by the reference to 40 CFR 1065.550 in 40 CFR 1065.935(g)(4)(ii). 40 CFR 1065.550 provides a step-by-step process for 
                        <PRTPAGE P="43180"/>
                        validating drift and calculating emission results.
                    </P>
                    <P>
                        The EPA is proposing to revise 40 CFR 1065.935(g)(5)(i) to clarify that invalidation of data for the whole shift day due to exceedance of the overrange data limit applies only to the gas analyzer, and thus pollutant, for which the overrange occurred (specifically CO or HC). The EPA also proposes to revise 40 CFR 1065.935(g)(5)(i) to further clarify that if NO
                        <E T="52">X</E>
                         or CO
                        <E T="52">2</E>
                         are invalidated for range, the data for the entire shift day for all pollutants is invalid. The EPA is proposing to revise 40 CFR 1065.935(g)(5)(ii) to delete the occurrence of “brake-specific” and to delete the last sentence that provides instruction regarding data that does not meet the drift criterion for the reasons explained for similar proposed revisions in section III.D.3.h of this preamble. The EPA is also proposing to revise 40 CFR 1065.935(g)(5)(ii) to clarify that CO and HC drift is verified as described in 40 CFR 1065.550(b)(3)(i)(A) and CO
                        <E T="52">2</E>
                         drift is verified as described in 40 CFR 1065.550(b)(3)(ii)(A). The EPA is also proposing to clarify that for the purpose of verifying drift for CO, CO
                        <E T="52">2</E>
                        , and HC bin testing, the test intervals are the intervals between analyzer verifications. The EPA is also proposing to revise 40 CFR 1065.935(g)(5)(ii) to clarify that data is invalidated for the CO and CO
                        <E T="52">2</E>
                         gas analyzers if they do not meet the drift criteria in 40 CFR 1065.550. This proposed change would alleviate potential confusion as the 40 CFR 1065.550 drift criteria are specific to CO and CO
                        <E T="52">2</E>
                         only. The off-cycle HC criterion is different and covered in 40 CFR 1065.935(g)(5)(ii), as is the off-cycle NO
                        <E T="52">X</E>
                         criterion, which is covered in 40 CFR 1065.935(g)(5)(iii).
                    </P>
                    <P>
                        The EPA is proposing to revise 40 CFR 1065.935(g)(5)(iii) to clarify that the data for all pollutants is invalid if the NO
                        <E T="52">X</E>
                         analyzer drift limits in 40 CFR 1065.935(g)(5)(iii)(A) and (B) are not met. In 40 CFR 1065.935(g)(5)(iii)(B), the EPA is proposing to clarify that the span value is for a gas.
                    </P>
                    <P>The EPA is proposing to delete the occurrence of “brake-specific” as it refers to off-cycle emission calculations in 40 CFR 1065.940(a). Emission calculations can be done on a brake-specific or mass per unit time (off-cycle Bin 1 testing) basis. Removal of “brake-specific” will make the off-cycle emission calculations more universal.</P>
                    <HD SOURCE="HD3">i. 40 CFR Part 1065, Subpart K—Definitions and Other Reference Information</HD>
                    <P>The EPA is proposing to add a new definition for “gas analyzer range” in 40 CFR 1065.1001 to clarify what is meant by the gas analyzer overrange limit of one percent in 40 CFR 1065.935(g)(5)(i). By proposing to define gas analyzer range, the EPA is clarifying on what the one percent over range limit is based.</P>
                    <P>The EPA is proposing to revise the definition of “oxygenated fuels” in 40 CFR 1065.1001 by clarifying that the fuel is composed of at least 25 percent oxygen-containing compounds by volume. This is consistent with the use of oxygenated fuels in 40 CFR part 1065, subpart I.</P>
                    <P>The EPA is proposing to revise the definition of “span” to clarify that it is an adjustment based on the analyzer response to a calibration gas that is 75 to 100 percent of the range of the instrument as opposed to the instrument's maximum value. This proposed change is a conforming revision with the proposed addition of the new “gas analyzer range” definition.</P>
                    <P>The EPA is proposing to update the following ASTM methods, that are incorporated by reference in 40 CFR 1065.1010, to the latest version for each method: D86-23ae2, D93-20, D130-26, D381-25, D445-24, D525-12a, D613-25a, D910-24, D975-24a, D1267-23, D1319-25, D1655-25, D1837-17, D1838-21, D1945-25, D2158-21, D2163-23e1, D2598-21, D2622-24a, D2699-25, D2700-23, D2713-24, D2880-23, D2986-95a, D3231-25, D3237-22, D4052-22, D4629-24, D4814-25a, D4815-22, D5186-24, D5191-22, D5291-26, D5453-25, D5599-22, D5762-24, D5769-25, D5797-21, D5798-25, D6348-12, D6550-25, D6615-25, D6667-21, D6751-24, D7039-24, and F1471-09. The EPA is proposing to incorporate by reference, in 40 CFR 1065.1010, ASTM method E178-21, which is an outlier determination method proposed for use in 40 CFR 1065.1121(d).</P>
                    <HD SOURCE="HD3">j. 40 CFR Part 1065, Subpart L—Methods for Unregulated and Special Pollutants and Additional Procedures</HD>
                    <P>The EPA is proposing a new 40 CFR 1065.1102 to provide a list of measurement systems under 40 CFR 1065, subpart L, that require linearity verifications using the requirements and procedures in 40 CFR 1065.307. This addresses flow rate and temperature measurement systems in the recently added vanadium sublimation and catalyst accelerated aging test procedures.</P>
                    <P>The EPA is proposing to revise the vanadium sublimation in SCR catalysts test procedure in 40 CFR 1065.1113 through 1065.1121, after receiving and considering feedback on the test procedure from labs carrying out these tests. The proposed revisions are as follows:</P>
                    <P>1. The EPA is proposing the following revisions to 40 CFR 1065.1115:</P>
                    <P>1.1. The EPA is proposing to add a new paragraph (d) that would allow the inclusion of an ammonia slip catalyst downstream of the vanadium SCR catalyst in certain circumstances, specifically only in the catalyst-coated monolith section of the reactor setup where the ammonia slip catalyst is part of the production aftertreatment system. Under the proposed provision, the ammonia slip catalyst must be sized based on the highest production system volume ratio of vanadium to ammonia slip catalyst expected. The intent of this proposed addition is for the testing to more closely reflect how vanadium sublimation will be affected by the presence of an ammonia slip catalyst. The EPA is also proposing to specify that the manufacturer may use a small amount of quartz wool between the vanadium and ammonia slip catalysts to address catalyst core alignment, with an allowance in such circumstance to exceed the 3-inch maximum core length in paragraph (a) of this section by up to 2 inches.</P>
                    <P>1.2. The EPA is proposing to modify the redesignated paragraph (g) to require measurement of vanadium, titanium, and either tungsten or antimony above their respective detection limits if the manufacturer wants to correct for vanadium-loaded particle contamination of the capture bed due to physical abrasion. The proposed addition (compared to the existing requirement) of the requirement for measurement and detection of tungsten or antimony would provide an additional quality check on whether the source of the titanium is abrasion from the act of coring or handling the catalyst core, as tungsten or antimony (or both) will be present if there is abrasion of the washcoat.</P>
                    <P>2. The EPA is proposing the following revisions to 40 CFR 1065.1117:</P>
                    <P>2.1. The EPA is proposing to revise paragraph (a) to denote that the space velocity target is over the catalyst-coated monolith system (which could include both vanadium and ammonia slip catalysts) and not just the vanadium catalyst itself. The EPA is also proposing to add a space velocity calculation and equation in paragraph (a) of this section as paragraph (a)(1) and redesignating the following paragraph.</P>
                    <P>
                        2.2. The EPA is proposing to revise paragraph (b) by removing the five percent water test point. Test results using this procedure have shown that emissions of vanadium are always higher for the 10 percent water test 
                        <PRTPAGE P="43181"/>
                        point versus the five percent test point as water has a significant effect on vanadium sublimation. The EPA is proposing to eliminate the five percent test point to streamline testing and reduce test burden, without impacting the robustness of the testing. The EPA is also proposing to clarify that this test point is required for diesel-fueled engines and that for engines fueled by fuels other than diesel fuel (
                        <E T="03">e.g.,</E>
                         spark-ignited hydrogen-fueled engines) the manufacturer must use good engineering judgment to select an H2O volume percentage consistent with the maximum expected exhaust H2O content for that fuel, and thus test at a higher water content (maximum expected), as other fuels could have higher water content (more than 10 percent) in the exhaust. The EPA is also proposing to change the reactor temperature increase increment from 50 °C to “up to 25 °C.” The purpose of this change is to require labs to use shorter temperature intervals to better capture the sublimation temperature, which will also prevent labs from having to test at 25 °C lower than the temperature at which vanadium sublimation begins. The EPA is aware that labs may not be able to wait for the test results to determine when sublimation occurred and then go back and test at a point 25 °C lower. Therefore, the EPA's understanding is that most labs are testing over a series of temperatures for a given catalyst formulation in increments of 25 °C to determine the vanadium sublimation threshold temperature. Thus, the change the EPA is proposing more closely reflects how labs are testing today to meet the existing provisions and streamlines the provisions.
                    </P>
                    <P>2.3. The EPA is proposing to revise paragraph (c) to include a new methodology for determining the effective sublimation temperature. To help address method detection limit (MDL) variability when determining the MDL and actual vanadium emitted during the sublimation test, the EPA is now proposing to require interpolation between the sublimation temperature and next lowest temperature, in conjunction with the MDL threshold, to determine the actual sublimation temperature.</P>
                    <P>3. The EPA is proposing the following revisions to 40 CFR 1065.1119:</P>
                    <P>3.1. The EPA is proposing to remove the requirement for analyzing field blanks from paragraph (c) of this section as the Agency did not provide a use for these blanks in the procedure. While the EPA does not expect environmental contamination of the catalyst core monolith or capture bed from the environment, any environmental contamination from the reactor setup would be captured by the reactor blank that would remain from the existing provisions.</P>
                    <P>3.2. The EPA is proposing to change the reactor temperature for the reactor blank test from the average test temperature to 750 °C or the highest temperature the reactor can maintain. This would ensure that any vanadium in the reactor system is volatilized for the reactor blank determination. The existing provision's use of average test temperature is problematic in that it varies for testing of different vanadium formulations and does not provide a consistent reactor blank temperature target. Moving to 750 °C or the highest temperature the reactor can maintain would allow a consistent temperature across all reactor blank tests within a laboratory and would allow the blank results to be used to maintain a rolling MDL.</P>
                    <P>3.3. The proposed addition to 40 CFR 1065.1115 to optionally test with the ammonia slip catalyst brought to light an issue in which the total volume of gas flow through the reactor may differ from that during the reactor blank test when maintaining the target space velocity of 35,000 hr-1. Testing at different volumetric flow rates could bias the method detection limit low if the volume of gas flowed through the catalyst coated monolith system is higher than that during the reactor blank test. The same holds true for the method detection limit threshold, which also scales with volume of gas flowed. To address this, the EPA is proposing to require an adjustment to both the lab-determined MDL from the existing 40 CFR 1065.1119(d)(1) (proposed 40 CFR 1065.1121(d)(2)) and the MDL threshold from the proposed 40 CFR 1065.1121(d)(3) via the proposed 40 CFR 1065.1119(c)(3), for which the volumetric flow rate differs between the two tests. The adjustment would be required to be carried out as described in 40 CFR 1065.1121(d)(4).</P>
                    <P>4. The EPA is proposing the following revisions to 40 CFR 1065.1121:</P>
                    <P>4.1. The EPA is proposing an addition to the introductory paragraph of this section to note that this section can be used to determine the mass of titanium, tungsten, antimony, and other elements contained in the catalyst material in addition to vanadium.</P>
                    <P>4.2. The EPA is proposing an addition to paragraph (a) of this section to note that all of the sample materials must be weighed prior to sample digestion. This includes the alumina capture bed, quartz wool, and quartz tube.</P>
                    <P>4.3. The EPA is proposing to add a new paragraph (c) to this section that provides an equation to calculate the vanadium test result.</P>
                    <P>4.4. The EPA is proposing to redesignate the current paragraph (c) of this section as paragraph (d) and to remove the determination of the reporting limit as there is no requirement to submit this to the Agency. The EPA is also proposing to revise proposed introductory paragraph (d) of this section to correct and replace “average” with “median,” as it is the median that is used to determine the inductively coupled plasma mass spectrometer (ICP-MS). The EPA is also proposing to revise redesignated paragraph (d)(1) of this section to correct the ICP instrument detection limit units, as they were mistakenly originally given as nanograms per liter (ng/L) and labs have been reporting this in milligrams per kilogram (mg/kg).</P>
                    <P>4.5. The EPA is proposing to revise the redesignated paragraph (d)(2) of this section to require that the MDL determined using at least seven reactor blank samples is maintained by the manufacturer using good engineering judgment to generate additional blanks and remove old blanks as needed. The EPA is proposing to allow an outlier check using section 7 of ASTM E178-21 to remove any data points for which results are not consistent with the sampled reactor blanks. The maintenance of the MDL over time can be done by maintaining a rolling MDL, updating it by removing the oldest reactor blank results as new reactor blank samples are taken. These proposed changes would provide the lab with more direction and certainty on how to carry out and maintain the MDL determination over time, as well as provide an appropriate means to remove data from the determination that are deemed inconsistent with respect to the historical reactor blank results.</P>
                    <P>
                        4.6. The EPA is proposing to revise the redesignated paragraph (d)(3) of this section to lower the MDL from an optional 15 micrograms per cubic meter (µg/m3) to a required value at or below 7 µg/m3. Data generated at labs performing this test indicate that an MDL at or below this value is readily attainable if included with an outlier check. This also would address the concern that labs could potentially dial in a higher MDL under the current procedure, which equates to a higher vanadium sublimation threshold temperature during testing. The EPA is also proposing a requirement to report the MDL at a precision of two significant figures and to report the results and calculated MDL at the same 
                        <PRTPAGE P="43182"/>
                        level of precision as the threshold. The EPA is also proposing to add a description regarding on what the 7 µg/m3 threshold is based with respect to volume flowed through the reactor, space velocity, test duration, and catalyst core volume.
                    </P>
                    <P>4.7. The EPA is proposing to add a new paragraph (d)(4) to this section to provide the calculation method for correction of differences in volume flowed during the actual catalyst test and reactor blank test. This same calculation would also be used to adjust the MDL threshold and the lab-determined MDL. An example problem, results, and discussion of the results is also provided in the proposed provisions in new paragraphs (d)(4) and (d)(5) of this section.</P>
                    <P>4.8. The EPA is proposing to expand the existing paragraph (b)(4) of this section, which the Agency is proposing to redesignate as paragraph (e), to provide calculations for performing correction to the vanadium test results to account for physical abrasion of the catalyst. Correction would be based on either the manufacturer-supplied ratio of vanadium to titanium or the actual ratio from testing, if qualifiers are met (ratios of co-catalysts, tungsten or antimony, as a quality assurance/quality control check that they are within 10 percent of each other and 20 percent of catalyst supplier provided number).</P>
                    <P>The EPA is proposing to revise 40 CFR 1065.1125(d)(2) to allow the use of partial flow exhaust opacity measurement as an alternative to full flow exhaust opacity measurement without Agency approval. Full flow exhaust opacity measurement is done directly in the path of the exhaust pipe, while partial flow is done by extracting an undiluted portion of the exhaust for measurement in a pipe of predetermined path length that is part of the analyzer. 40 CFR 1065.1123, 1065.1125, and 1065.1127 were developed from the nonroad exhaust opacity measurement procedure in 40 CFR part 86, subpart I, and the locomotive procedure in 40 CFR 1033.525. Historically, partial flow exhaust opacity measurement was allowed without EPA approval for locomotive testing in 40 CFR 1036.525 prior to migration of that portion of 40 CFR 1033.525 to 40 CFR 1065.1125. The nonroad exhaust opacity measurement procedure in 40 CFR part 86, subpart I, did not mention partial flow measurement. In the development of the 40 CFR part 1065 procedure, the EPA inadvertently added a clause to 40 CFR 1065.1125(d)(2) to require Agency approval for partial flow exhaust opacity measurement systems. The EPA is proposing to remove the requirement for Agency approval. The EPA notes that correction of the measurement path length to account for the difference in path lengths between the partial flow exhaust opacity meter and the standardized exhaust path length is addressed in 40 CFR 1033.525 for locomotives and 40 CFR 1065.1127(e)(2) for everything other than locomotives.</P>
                    <P>The EPA is proposing to revise 40 CFR 1065.1127(d)(4) to remove the requirement to program the dynamometer to operate in torque-control mode throughout testing. This requirement was added in error when this procedure was migrated over from 40 CFR part 86, subpart I, as the test would be very difficult to carry out if the dynamometer was using torque control. The EPA is also proposing to extend the use of dynamometer motoring assist with negative flywheel torque to the acceleration in 40 CFR 1065.1127(d)(4)(iv). When the EPA migrated this procedure over from 40 CFR part 86, subpart I, the Agency inadvertently excluded this paragraph, only allowing motoring assist to be applied to the accelerations in paragraphs 40 CFR 1065.1127(d)(4)(i) and (ii).</P>
                    <P>The EPA is proposing to revise 40 CFR 1065.1133(a)(3) and 40 CFR 1065.1139(h)(2) to clarify that manufacturers may adjust the 10-ppm fuel sulfur rate during accelerated aging if the fuel on which the engine operates is shown to have a sulfur level that differs from diesel fuel. For example, under the proposed revisions, manufacturers might alter the target fuel sulfur level if the engine is fueled on natural gas.</P>
                    <P>The EPA is proposing to revise 40 CFR 1065.1137(d)(1)(ii)(B)(1) and (d)(2) to revise the variable for the thermal aging rate constant, kD. The current variable description is given as the equation for kD that is Equation 1065.1137-5. To simplify, the EPA is proposing to reference the section where Equation 1065.1137-5 appears (paragraph (d)(1)(ii)(A) of that section) rather than reproduce the equation for kD each time it appears.</P>
                    <P>The EPA is proposing to revise 40 CFR 1065.1137(d)(4)(iii)(A) to address the variable for the thermal aging rate constant, kD. The current variable description is given as the equation for kD that is Equation 1065.1137-14. To simplify, the EPA is proposing to reference the section where Equation 1065.1137-14 appears (paragraph (d)(4)(i) of that section) rather than reproduce the equation for kD each time it appears.</P>
                    <P>The EPA is proposing to revise 40 CFR 1065.1139(a) to clarify that if the standard setting part does not provide the manufacturer with a target number of useful life hours, the manufacturer must use good engineering judgement to determine the appropriate number of hours representing useful life based on the manufacturer's field data, developing a metric to equate miles to hours. The EPA is also proposing to clarify that if the manufacturer's aging of the aftertreatment includes service accumulation hours performed on an engine dynamometer, the manufacturer must subtract those hours, along with any engine stabilization hours, from the useful life total prior to determining the remaining hours needed for accelerated aging. The EPA is proposing to correct a reference error in 40 CFR 1065.1139(b)(2)(i) as paragraph (b)(1) is referenced, but it is not clear in what section of the CFR the paragraph is. The EPA is proposing to correct an editorial in 40 CFR 1065.1139(b)(2)(v)(C) where variables are missing italics. The EPA is proposing to add a reminder that if the manufacturer determines a lower acceleration factor in 40 CFR 1065.1139(e)(6)(v), that lower value is used in place of the default value of 10. The EPA is proposing to update the example that is given for determining the total number of accelerated aging hours for a Heavy HDE to better align with the example given in 40 CFR 1036.245. The EPA is proposing to replace the term “alternate” with “alternative” in 40 CFR 1065.1139(b)(1)(iv) for consistency of use.</P>
                    <P>The EPA is proposing to revise 40 CFR 1065.1139(d)(1) to clarify that the total number of regenerations during accelerated aging must be adjusted to account for the regenerations that occurred during service accumulations on an engine dynamometer.</P>
                    <P>The EPA is proposing to update 40 CFR 1065.1139(e)(3)(iii) and (iv) and (g)(1) and 40 CFR 1065.1145 introductory text and paragraph (d) to remove and replace the term “full useful life” with “useful life” as “useful life” is the term used throughout the standard-setting parts.</P>
                    <P>The EPA is proposing to revise 40 CFR 1065.1141(h) and 1065.1143(h) to clarify that the mass of ash found by DPF weight over the predicted mass of ash based on oil consumption is a ratio range and not a range of percent.</P>
                    <P>
                        The EPA is proposing to revise 40 CFR 1065.1141(j) to allow sulfur to be added directly to the fuel line that feeds the engine as one of the options for accelerated aging for engine-based aging stands.
                        <PRTPAGE P="43183"/>
                    </P>
                    <P>The EPA is proposing to add a new 40 CFR 1065.1143(j) to allow sulfur to be added directly to the fuel tank or the fuel line that feeds the burner as options for accelerated aging for burner-based aging stands.</P>
                    <P>
                        The EPA is proposing to revise 40 CFR 1065.1145(a)(1)(i) to provide clarification that the NO
                        <E T="52">X</E>
                         target level for the cycle-average NO
                        <E T="52">X</E>
                         mass rate is consistent with the application if Method 1 is used to develop the accelerated aging cycle under 40 CFR 1065.1133(b) and is consistent with the weighted lab cycle NO
                        <E T="52">X</E>
                         measurements if Method 2 is used. The EPA is proposing to correct a typographical error in 40 CFR 1065.1145(a)(1)(ii) by changing “will the be” to “will be the.”
                    </P>
                    <P>
                        The EPA is proposing to revise the recommended oxygen and water target ranges for burner-based accelerated aging for diesel-fueled engines in 40 CFR 1065.1145(a)(2)(i). Oxygen and water targets are not recommended for engine-based accelerated aging under 40 CFR 1065.1145(a)(1)(i), as the oxygen and water content of the exhaust is a product of the combustion of the fuel on which the engine is operating. Recommended targets are needed for burner-based accelerated aging as burner combustion can be different than engine combustion. The existing specifications require meeting oxygen and water targets during aging modes within ±2 percent for oxygen and ±2 percent for water. The 2 percent tolerance is an error, as it should not be 2 percent of the target level or 2 percent of the allowable range in volume percent; both of those tolerances are too narrow. The proposed ranges provide flexibility when carrying out the aging cycle, while not impacting catalyst aging. The EPA is also proposing to provide clarification that the NO
                        <E T="52">X</E>
                         target level for the cycle-average NO
                        <E T="52">X</E>
                         mass rate is consistent with the application if Method 1 is used to develop the accelerated aging cycle under 40 CFR 1065.1133(b) and is consistent with the weighted lab cycle NO
                        <E T="52">X</E>
                         measurements if Method 2 is used. The EPA is also proposing a NO
                        <E T="52">X</E>
                         tolerance of ±25 percent of the target level for burner-based accelerated aging, which was previously undefined for a burner-based platform. Adding the NO
                        <E T="52">X</E>
                         tolerance puts the burner-based platform on par with the engine-based platform, which already has a NO
                        <E T="52">X</E>
                         tolerance. However, note that the NO
                        <E T="52">X</E>
                         tolerance for the burner-based platform is less restrictive because there are limitations on the amount of NO
                        <E T="52">X</E>
                         that the burner can produce for any given mode, requiring undershooting of the NO
                        <E T="52">X</E>
                         target for some modes and overshooting at other modes. The EPA is proposing an exhaust flow tolerance of ±25 percent for individual cycle modes and a ±10 percent weighted cycle average for both burner-based and engine-based platforms to provide some assurance that the target exhaust flows are representative and being met. The EPA is proposing to correct a typographically error in 40 CFR 1065.1145(a)(2)(ii) by changing “will the be” to “will be the.”
                    </P>
                    <P>The EPA is proposing to add an accelerated catalyst aging test procedure for spark-ignition heavy-duty engine durability demonstration as sections 40 CFR 1065.1147 through 40 CFR 1065.1155. Accelerated catalyst aging for heavy-duty highway engines is allowed as an option for deterioration factor determination for certifying an engine's emissions out to its useful life in 40 CFR 1036.245. 40 CFR 1036.245 references the accelerated aging test procedures for compression-ignition engines in 40 CFR 1065.1131 through 40 CFR 1065.1145. 40 CFR 1036.245 provides a reference to the light-duty vehicle catalyst accelerated aging test procedure in 40 CFR part 86, subpart S, as an example of a procedure that a manufacturer might use for accelerated aging of heavy-duty spark-ignition engines. The EPA received requests from heavy-duty spark-ignition engine manufacturers to add a catalyst accelerated aging test procedure specific to heavy-duty spark-ignition engines to 40 CFR part 1065. To address this request, the EPA is proposing to adapt the light-duty vehicle accelerated aging test procedure in 40 CFR 86.1823-08 for heavy-duty spark-ignition engines and add this procedure to 40 CFR part 1065. This includes adapting portions of 40 CFR part 86, Appendices V, VII, VIII, and IX, as referenced in 40 CFR 86.1823-08. The new sections include a standard catalyst bench-aging procedure that provides a means to accelerate aging of the catalyst-plus-oxygen-sensor system on a catalyst aging bench using the standard bench cycle. The procedure also allows the manufacturer to develop their own bench aging procedure with EPA approval. The migration and adjustment of this test procedure to 40 CFR part 1065 will provide the engine manufacturers with certainty regarding the expectations of accelerated heavy-duty spark-ignition engine testing, while providing flexibility to the test process.</P>
                    <HD SOURCE="HD1">IV. Nonconformance Penalties for Diesel-Fueled Medium HDE and Heavy HDE</HD>
                    <P>
                        Under CAA section 206(g), a manufacturer is allowed to produce engines that do not meet the applicable standards “if such manufacturer pays a nonconformance penalty as provided under regulations promulgated by the Administrator after notice and opportunity for public hearing.” 
                        <SU>65</SU>
                        <FTREF/>
                         CAA section 206(g) also requires that such regulations provide a formula to determine the NCP amounts, and that those amounts:
                    </P>
                    <FTNT>
                        <P>
                            <SU>65</SU>
                             42 U.S.C. 7525(g).
                        </P>
                    </FTNT>
                    <P>• May vary from pollutant to pollutant;</P>
                    <P>• May vary by class or category or vehicle or engine;</P>
                    <P>• Shall take into account the extent to which actual emissions of any air pollutant exceed allowable emissions standards;</P>
                    <P>• Shall be increased periodically to create incentives for the development of production vehicles or engines which achieve the required degree of emission reduction; and</P>
                    <P>
                        • Shall remove any competitive disadvantage to manufacturers whose engines or vehicles achieve the required degree of emission reduction.
                        <SU>66</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>66</SU>
                             42 U.S.C. 7525(g)(3).
                        </P>
                    </FTNT>
                    <P>
                        Since the promulgation of the first NCP rule in 1985, subsequent NCP rules generally have been described as continuing “phases” of the initial NCP rule. The first NCP rule (Phase I), sometimes referred to as the “generic” NCP rule, established three basic criteria for determining the eligibility of emission standards for NCPs in any given MY.
                        <SU>67</SU>
                        <FTREF/>
                         The first criterion is that the emission standard in question must become more difficult to meet. This can occur in two ways, either by the emission standard itself becoming more stringent or due to its interaction with another emission standard that has become more stringent. Second, substantial work must be required to meet the emission standard. The EPA considers “substantial work” to mean the application of technology not previously used in that vehicle or engine class/subclass, or a significant modification of existing technology, to bring that vehicle/engine into compliance. The EPA does not consider minor modifications or calibration changes to be classified as substantial work. Third, the EPA must find that a manufacturer is likely to be noncomplying for technological reasons (referred to in earlier rules as a “technological laggard”). Prior NCP rules have considered such a technological laggard to be a manufacturer who cannot meet a particular emission standard due to technological (not economic) difficulties 
                        <PRTPAGE P="43184"/>
                        and who, in the absence of NCPs, might be forced from the marketplace.
                    </P>
                    <FTNT>
                        <P>
                            <SU>67</SU>
                             50 FR 35374 (Aug. 30, 1985). For existing regulatory language,
                            <E T="03">see</E>
                            40 CFR 86.1103-87.
                        </P>
                    </FTNT>
                    <P>
                        The criteria and methodologies established in the 1985 NCP rule have since been used to determine eligibility and to establish NCPs for a number of heavy-duty emission standards. NCP Phases II through VII, published between 1985 and 2012,
                        <SU>68</SU>
                        <FTREF/>
                         established NCPs that, in combination, cover the full range of heavy-duty vehicles and engines—from heavy light-duty trucks (6,000-8,500 pounds gross vehicle weight) to the largest diesel trucks and urban bus engines. NCPs have been established for HC, CO, NO
                        <E T="52">X</E>
                        , and PM. The most recent NCP rule, the Phase VII rule, established NCPs for the MYs 2012 and later NO
                        <E T="52">X</E>
                         standard for Heavy HDE. This proposed rule would establish a new Phase VIII in that series of NCP rules.
                    </P>
                    <FTNT>
                        <P>
                            <SU>68</SU>
                             The previous NCP rules include: the Phase VII rulemaking (77 FR 54384, Sept. 5, 2012), the Phase VI rulemaking (67 FR 51464, Aug. 8, 2002), the Phase V rulemaking (61 FR 6949, Feb. 23, 1996), the Phase IV rulemaking (58 FR 68532, Dec. 28, 1993), the Phase III rulemaking (55 FR 46622, Nov. 5, 1990), the Phase II rulemaking (50 FR 53454, Dec. 31, 1985), and the Phase I rulemaking (50 FR 35374, Aug. 30, 1985).
                        </P>
                    </FTNT>
                    <P>
                        Once a regulation promulgated by the Administrator after notice and opportunity for public hearing specifies NCP provisions for a class of engines, any manufacturer may certify engines from that class using NCPs. Manufacturers using NCPs would go through the certification process, submitting data showing that the engine complies with emission standards, except that NO
                        <E T="52">X</E>
                         emissions may exceed the applicable standard, but can be no higher than the upper limit (UL) established through an NCP rulemaking.
                        <SU>69</SU>
                        <FTREF/>
                         Certification would generally be contingent on performing tests in a production compliance audit (PCA) to establish a compliance level.
                        <SU>70</SU>
                        <FTREF/>
                         The compliance level is in turn used to calculate the NCP for certifying engines with emissions above the applicable NO
                        <E T="52">X</E>
                         standard.
                        <SU>71</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>69</SU>
                             
                            <E T="03">See</E>
                             40 CFR 86.1106-87(a) and proposed 40 CFR 1071.15.
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>70</SU>
                             
                            <E T="03">See</E>
                             40 CFR 86.1106-87 and proposed 40 CFR 1071.30. 
                            <E T="03">See</E>
                             also 86.1112-87 and proposed 40 CFR 1071.40.
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>71</SU>
                             
                            <E T="03">See</E>
                             40 CFR 86.1113-87 and proposed 40 CFR 1071.85.
                        </P>
                    </FTNT>
                    <HD SOURCE="HD2">A. NCP Eligibility</HD>
                    <P>
                        As discussed in this section, the EPA must determine that the above-named three criteria are met to determine that an NCP should be established in any given MY.
                        <SU>72</SU>
                        <FTREF/>
                         The EPA believes these criteria have been met for the MY 2027 NO
                        <E T="52">X</E>
                         standard for Medium HDE and Heavy HDE and the Agency is therefore proposing to establish NCPs.
                    </P>
                    <FTNT>
                        <P>
                            <SU>72</SU>
                             
                            <E T="03">See</E>
                             40 CFR 86.1103-2016(b).
                        </P>
                    </FTNT>
                    <P>
                        The first criterion is that the emission standard is more stringent, which is the case for the new NO
                        <E T="52">X</E>
                        , PM, HC, and CO emission standards under the MY 2027 program.
                    </P>
                    <P>
                        The second criterion is that substantial work must be required to meet the emission standard. The EPA believes that only the NO
                        <E T="52">X</E>
                         emission standard from the 2023 Final Rule meets the second NCP criterion.
                        <SU>73</SU>
                        <FTREF/>
                         The previous NO
                        <E T="52">X</E>
                         emission standard for heavy-duty engines was 200 mg/hp·hr. The MY 2027 standards are 35 mg/hp·hr for NO
                        <E T="52">X</E>
                         for the FTP and SET duty cycles and 50 mg/hp·hr for a new duty cycle that covers low-load operation (LLC). When promulgated, the EPA concluded that the 35 mg/hp·hr NO
                        <E T="52">X</E>
                         standard was a technology-forcing standard because the Agency projected new technology hardware would be required to meet the standard. For example, the EPA demonstrated that one way to meet the MY 2027 NO
                        <E T="52">X</E>
                         standard was equipping the engine with cylinder deactivation (CDA), dual-SCR aftertreatment configuration, closed crankcase, and heated DEF dosing. It is therefore logical to conclude that substantial work is required to meet the MY 2027 NO
                        <E T="52">X</E>
                         emission standard.
                    </P>
                    <FTNT>
                        <P>
                            <SU>73</SU>
                             The EPA adopted new HC, CO, and PM standards for MYs 2027 and later heavy-duty engines in the 2023 Final Rule. The EPA is not proposing NCPs for any of these pollutants because the Agency does not project the standards to require additional technology, since these standards were set to prevent emissions from increasing above the levels engines are already achieving. 
                            <E T="03">See</E>
                             section IV.B.4 of this preamble for the HC, CO, and PM standards the EPA proposes would apply under certain NCP scenarios.
                        </P>
                    </FTNT>
                    <P>
                        Third, the EPA must find that a manufacturer is likely to be noncomplying for technological reasons. The EPA is proposing to establish NCPs for diesel-fueled Medium HDE and Heavy HDE because the Agency has information indicating that multiple engine manufacturers will likely be unable to demonstrate their technology of choice will meet the MY 2027 NO
                        <E T="52">X</E>
                         standards for some engines in these two engine categories by January 2, 2027 (the start of the MY). Without the availability of NCPs, one or more engine manufacturers will be forced to stop selling specific engine families until their development processes are complete. This is based on multiple meetings the EPA has had with individual engine and vehicle manufacturers over the past year, and detailed confidential information provided by engine and vehicle manufacturers regarding the development status of Medium and Heavy HDEs.
                    </P>
                    <HD SOURCE="HD2">B. Nonconformance Penalty Rates</HD>
                    <P>The NCP rates proposed in this rule rely on the existing NCP regulatory principles established in previous NCP rules. This section briefly reviews the NCP rate formula originally promulgated in the Phase I rulemaking (currently found at 40 CFR 86.1113-87) and discusses how the EPA arrived at the NCP rates proposed in this rule.</P>
                    <P>
                        As described in section IV.D of this preamble, the EPA is proposing to migrate the NCP provisions from 40 CFR part 86, subpart L, to a new 40 CFR part 1071. This proposed migration is intended to retain the primary principles established in past NCP rules while modernizing outdated provisions, improving clarity, and harmonizing current certification and other testing practices. The main revisions the EPA is proposing for the NCP regulations include new cost parameters to reflect the compliance costs for the MY 2027 standards, a new UL relative to the MY 2027 NO
                        <E T="52">X</E>
                         standards, and a change in the units of the cost parameters from g/hp·hr to mg/hp·hr to match the MY 2027 standards.
                    </P>
                    <P>The proposed NCP rates are specified for MY 2027. As required in CAA section 206(g)(3)(D), the existing regulations include a formula that increases the NCP rates with each new MY. The EPA proposes to apply this annual adjustment formula to the NCPs by setting the 2027 MY as year one. Consistent with past NCP Phases, these proposed NCPs would be available the first year of the new emission standard, which becomes year one for purposes of the annual escalator.</P>
                    <P>
                        As in the previous NCP Phases, the EPA is proposing five key parameters that would be applied in the NCP formula to define the per engine NCP for a given engine family based upon its compliance level. First, the UL is the emission level above which no engine may be certified. Second, the average cost of compliance (COC50) is an estimate of the industry-wide average incremental cost per engine (including any changes to vehicles to install these new engines) associated with meeting the standard for which an NCP is offered, compared with meeting the UL. Third, the 90th percentile cost of compliance (COC90) is an estimate of the 90th percentile incremental cost per engine associated with meeting the standard for which an NCP is offered, compared with meeting the associated UL. Conceptually, COC50 represents costs for a typical or average manufacturer to comply, while COC90 
                        <PRTPAGE P="43185"/>
                        represents costs for the manufacturers with the highest compliance costs.
                        <SU>74</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>74</SU>
                             As was done in previous NCP rules, costs include additional manufacturer costs and additional owner costs, but do not consider certification costs because both complying and noncomplying manufacturers must incur certification costs.
                        </P>
                    </FTNT>
                    <P>Fourth, the average marginal cost of compliance (MC50) is an estimate of the industry-wide average marginal cost of compliance per unit of reduced pollutant associated with the least cost-effective emission control technology installed to meet the new standard. In this proposal, MC50 is measured in dollars per mg/hp·hr for heavy-duty engines. Fifth, F is a factor used to derive the 90th percentile marginal cost of compliance (MC90) based on MC50 (the minimum value of F is 1.1, the maximum value of F is 1.3). MC90 defines the slope of the NCP rate curve near the standard and is equal to MC50 multiplied by F.</P>
                    <P>
                        The derivation of the cost parameters is described in a Draft Technical Support Document (DTSD) for this rulemaking.
                        <SU>75</SU>
                        <FTREF/>
                         All costs are presented in 2024 dollars. The DTSD also includes alternative cost analyses that were considered, which are summarized in section IV.C of this preamble.
                    </P>
                    <FTNT>
                        <P>
                            <SU>75</SU>
                             U.S. Environmental Protection Agency. “Amendments and Nonconformance Penalties for Model Year 2027 and Later Heavy-Duty Highway Engines and Amendments to Inducement Provisions for SCR-Equipped Diesel Engines: Draft Technical Support Document—Nonconformance Penalty Analysis”. June 2026. EPA-420-D-26-003.
                        </P>
                    </FTNT>
                    <HD SOURCE="HD3">1. Upper Limit</HD>
                    <P>
                        As described below, the EPA is proposing the UL for NO
                        <E T="52">X</E>
                         for this NCP rule at 200 mg/hp·hr, which is the level of the NO
                        <E T="52">X</E>
                         standard that applies to MYs 2026 and earlier heavy-duty engines. The UL is the emission level established by regulation above which NCPs are not available and a heavy-duty engine cannot be certified or introduced into commerce. CAA section 206(g)(2) refers to the UL as a percentage above the emission standard, set by regulation, that corresponds to an emission level the EPA determines to be “practicable.” The UL is an important aspect of the NCP regulations not only because it establishes an emission level above which no engine may be certified, but it is also a critical component of the cost analysis used to develop the NCP rates. The regulations specify that the relevant costs for determining COC
                        <E T="52">50</E>
                         and COC
                        <E T="52">90</E>
                         are the differences between an engine at the UL and one that meets the applicable standards (
                        <E T="03">see</E>
                         existing 40 CFR 86.1113-87 and the proposed new 40 CFR 1071.80 that would apply to MYs 2027 and later engines).
                    </P>
                    <P>
                        Under the Phase I rulemaking, the EPA concluded that the UL should be reasonably achievable by all manufacturers with engines in the relevant class.
                        <SU>76</SU>
                        <FTREF/>
                         Setting an UL below the standard that applied before the new standard is in effect may lead a manufacturer to invest in intermediate technologies, when the manufacturer could instead direct its resources and additional lead time offered by NCPs to developing a fully compliant engine. Similarly, a manufacturer of a previously certified engine or vehicle should not be forced to immediately remove a heavy-duty engine or vehicle from the market when an emission standard becomes more stringent. The prior NO
                        <E T="52">X</E>
                         emission standard meets these goals because manufacturers have already certified their vehicles to that standard.
                    </P>
                    <FTNT>
                        <P>
                            <SU>76</SU>
                             50 FR 35374 (Aug. 30, 1985).
                        </P>
                    </FTNT>
                    <P>
                        Manufacturers are currently certifying all of their engines at or below the 200 mg/hp·hr NO
                        <E T="52">X</E>
                         standard. Thus, the EPA is proposing the UL for this NCP rule at 200 mg/hp·hr NO
                        <E T="52">X</E>
                        . This will conform to the purpose of NCPs, which is to allow manufacturers to continue selling engines they are currently producing while developing engines which meet the new standard.
                    </P>
                    <HD SOURCE="HD3">2. General Methodology</HD>
                    <P>
                        Based on the available data, the EPA has determined that the best methodological approach for this proposal is to rely on the approach the Agency took in the 2023 Final Rule to determine the incremental technology needed to meet the MY 2027 standards. The EPA selected a baseline engine technology package that would employ the same basic emission controls used to meet the MY 2026 NO
                        <E T="52">X</E>
                         and PM emission standards, which includes exhaust gas recirculation, optimized turbocharging, optimized fuel injection, diesel oxidation catalysts, DPFs, and liquid urea-based SCR with a single dose. For estimates of COC
                        <E T="52">50</E>
                         and COC
                        <E T="52">90</E>
                         for NCPs in this proposal, the EPA assumes a technology package that includes an engine equipped with CDA, dual-SCR aftertreatment configuration, closed crankcase, and heated DEF dosing systems, consistent with the technology package used in the Agency's feasibility demonstration and cost projections for the 2023 Final Rule. In this proposal, the EPA estimated COC
                        <E T="52">50</E>
                        and COC
                        <E T="52">90</E>
                         using component cost data from the 2023 Final Rule's technology cost teardown study of the aftertreatment systems of an engine meeting MY 2026 standards and one designed to meet the MY 2027 standards. As described in the DTSD for this proposal, the EPA believes estimating the NCPs based on public data that the Agency has already released through a notice and comment process is a reasonable basis upon which to determine compliance costs. The EPA is requesting comment on other data sources and alternative methodologies based on other technology packages manufacturers are developing to meet the MY 2027 standards. (C-15).
                        <SU>77</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>77</SU>
                             
                            <E T="03">See</E>
                             section IV.C.4 of this preamble.
                        </P>
                    </FTNT>
                    <P>
                        A key element of the NCP cost parameters is COC
                        <E T="52">90</E>
                        , which defines the maximum NCP for engines emitting at the UL. Figure IV-1 is an illustrative figure of an NCP NO
                        <E T="52">X</E>
                         curve for MY 2027.
                    </P>
                    <GPH SPAN="3" DEEP="269">
                        <PRTPAGE P="43186"/>
                        <GID>EP14JY26.006</GID>
                    </GPH>
                    <P>
                        The NCP for engines at the UL would be equal to the EPA's estimate of the highest marginal cost paid by a complying manufacturer for reducing NO
                        <E T="52">X</E>
                         emissions from 200 mg/hp·hr to 35 mg/hp·hr. If the EPA estimates that marginal compliance costs change as the compliance level approaches the standard, COC50 would define the point on the curve at which the slope changes. For this proposal, the EPA calculated COC50 using the direct manufacturing costs, updated to 2024 dollars, from the 2023 Final Rule's projected technology package, which included aftertreatment catalyst volumes for engines representing average displacements within each of the Medium HDE and Heavy HDE categories. The EPA calculated COC
                        <E T="52">90</E>
                         using the same cost methodology for COC
                        <E T="52">50</E>
                        , but with the aftertreatment catalyst volumes increased to match the largest displacement Medium HDE and Heavy HDE for each category. This resulted in a roughly 33 percent and 13 percent increase in the catalyst and canning costs for Medium and Heavy HDE, respectively.
                    </P>
                    <P>
                        In addition to using the direct manufacturing costs to estimate COC
                        <E T="52">50</E>
                         and COC
                        <E T="52">90</E>
                        , the EPA includes the indirect costs and the incremental lifetime DEF consumption. For the indirect costs, the EPA relied on the retail price equivalent (RPE) factors used in the 2023 Final Rule. See Table IV-1 for these RPE factors.
                    </P>
                    <GPH SPAN="3" DEEP="140">
                        <GID>EP14JY26.007</GID>
                    </GPH>
                    <P>To estimate the incremental lifetime DEF consumption, the EPA relied on the 2023 Final Rule's analysis that estimated lifetime DEF consumption for each MOVES vehicle type and regulatory class. For this analysis, the EPA created a single cost for each MOVES regulatory class by using a population-weighted average of each MOVES vehicle type. Lifetime costs were determined using a 7 percent discount rate, which the EPA expects to match how the heavy-duty industry considers future costs. The lifetime DEF costs for Medium HDE and Heavy HDE were estimated to be $433 and $2,041, respectively, in 2024 dollars.</P>
                    <P>
                        To estimate MC
                        <E T="52">50</E>
                        , the EPA assumed use of a less cost-effective emission control technology to reduce NO
                        <E T="52">X</E>
                         emissions from 65 mg/hp·hr to 35 mg/hp·hr. Reducing emissions by the last 30 mg/hp·hr requires a technology that can raise the exhaust temperatures under 
                        <PRTPAGE P="43187"/>
                        low-load and cold-start operation. For the 2023 Final Rule, this level of emissions reduction was achieved by a combination of equipping the engine with cylinder deactivation and raising the engine idle speed. An alternative technology would be to install an electric exhaust heater with a 48-volt (V) generator (e-heater). Since the incremental cost for an e-heater is greater (
                        <E T="03">i.e.,</E>
                         less cost-effective) than the costs of CDA and engine calibration, the EPA used the cost of the e-heater system to determine MC
                        <E T="52">50</E>
                        . In addition to basing MC
                        <E T="52">50</E>
                         on the incremental direct and indirect manufacturing costs, the EPA also estimated the incremental increase in DEF needed to reduce NO
                        <E T="52">X</E>
                         from 65 mg/hp·hr to 35 mg/hp·hr.
                    </P>
                    <P>
                        The F factor is defined in existing 40 CFR 86.1113-87(a)(4) and in the proposed new 40 CFR 1071.80(a) as the ratio of MC
                        <E T="52">90</E>
                         to MC
                        <E T="52">50</E>
                        . To estimate the F factor, the EPA proposes to use the ratio of COC
                        <E T="52">90</E>
                         to COC
                        <E T="52">50</E>
                        , which reasonably approximates the increase in MC
                        <E T="52">90</E>
                         over MC
                        <E T="52">50</E>
                         since the EPA expects the marginal cost of compliance to scale with the absolute cost of compliance. With this approach, the F factors for Medium HDE and Heavy HDE are 1.176 and 1.093, respectively. Consistent with the existing and new proposed definitions that limit F to values between 1.1 and 1.3, the EPA proposes to round the F factor for Heavy HDE up from 1.093 to 1.1. The EPA requests comment on whether the F factor should be rounded to 1.1 or should be kept at 1.093. (C-16).
                    </P>
                    <HD SOURCE="HD3">3. Proposed NCP Parameter Values and Resulting Penalties</HD>
                    <P>
                        In this action, the EPA proposes to specify that the values in Table IV-2 be used in the NCP formula for the MYs 2027 and later NO
                        <E T="52">X</E>
                         standard of 35 mg/hp·hr for Medium HDE and Heavy HDE. The complete derivation of these parameters is described in the DTSD for this proposal. The EPA requests comment on the Agency's estimates of these parameters (C-17).
                    </P>
                    <GPH SPAN="3" DEEP="110">
                        <GID>EP14JY26.008</GID>
                    </GPH>
                    <P>
                        The proposed calculation parameters in Table IV-2 are used to calculate the NCP rate. These parameters are used in the NCP rate formulas, which are defined in the existing 40 CFR 86.1113(a) and proposed new 40 CFR 1071.85. Using the parameters in Table IV-2, the EPA plotted NCP rates versus compliance levels in Figure IV-2 and Figure IV-3 for Medium HDE and Heavy HDE, respectively.
                        <SU>78</SU>
                        <FTREF/>
                         The vertical dashed lines in Figure IV-2 and Figure IV-3 are at the emissions levels defined by the variable “X” where the NCP is equal to COC
                        <E T="52">50</E>
                        . Manufacturers would calculate a per-engine NCP for an NCP family depending on whether the compliance level is above X or at or below X. Using the proposed parameters in Table IV-2, X equals 78.5 mg/hp·hr and 103.8 mg/hp·hr for Medium HDE and Heavy HDE, respectively. These NCP curves are for the first year of use of the NCPs (
                        <E T="03">i.e.,</E>
                         the annual adjustment factors have been set to one). The existing NCP rate formulas are designed so that the NCP is lower as compliance level approaches the standard. For example, if a MY 2027 Heavy HDE engine family had a NO
                        <E T="52">X</E>
                         compliance level of 100 mg/hp·hr, under the proposal, the per engine NCP would be $5,875. For a MY 2027 Heavy HDE engine family with a NO
                        <E T="52">X</E>
                         compliance level of 45 mg/hp·hr, under the proposal, the per engine NCP would be $904. For MY 2027 Medium HDE engine families with the same NO
                        <E T="52">X</E>
                         compliance levels of 100 mg/hp·hr and 45 mg/hp·hr, the proposed per-engine NCPs would be $3,799 and $851, respectively.
                    </P>
                    <FTNT>
                        <P>
                            <SU>78</SU>
                             The compliance level is determined from the production compliance audit, which consists of testing three to 24 engines (see existing 40 CFR 86.1112-87 and the proposed new 40 CFR 1071.40 that would apply to MYs 2027 and later engines).
                        </P>
                    </FTNT>
                    <P>
                        CAA section 206(g)(3)(E) requires that the NCP be set at such a level that it removes any competitive disadvantage to a complying manufacturer.
                        <SU>79</SU>
                        <FTREF/>
                         The EPA 1985 NCP Phase I rule developed a generic NCP curve designed to remove any competitive disadvantage to the complying manufacturers, with the specific values to be determined via rulemaking for the specific emission standards and engine service class for which the NCPs are being established. The methodology for developing the NCPs is detailed in section IV.B.2 of this preamble and the DTSD for this proposal. Consistent with previous NCP rules, the EPA's projection for the cost to comply with the MY 2027 standards includes the change in technologies, calibration changes, and increased use of DEF, all of which are elements based on the projected costs of the 2023 Final Rule (adjusted for inflation) and representative of the cost to comply with the MY 2027 standards. For these reasons, the EPA believes that the NCPs proposed in this rulemaking would remove any competitive disadvantage that complying manufacturers may face.
                    </P>
                    <FTNT>
                        <P>
                            <SU>79</SU>
                             42 U.S.C. 7525(g)(3)(E).
                        </P>
                    </FTNT>
                    <GPH SPAN="3" DEEP="286">
                        <PRTPAGE P="43188"/>
                        <GID>EP14JY26.009</GID>
                    </GPH>
                    <GPH SPAN="3" DEEP="286">
                        <GID>EP14JY26.010</GID>
                    </GPH>
                    <HD SOURCE="HD3">4. Proposed NCPs for Engines Certified Under 40 CFR Part 86</HD>
                    <P>
                        In the 2023 Final Rule, the EPA made comprehensive changes to certification requirements beyond lowering the numeric values of the NO
                        <E T="52">X</E>
                         standards. In addition to the useful life and warranty provisions the EPA is proposing to change in this action, the 2023 Final Rule also added a new LLC and updated the off-cycle test procedure for engines certified as Light, Medium, and Heavy HDE. The 2023 Final Rule made several changes to update OBD requirements and to improve the serviceability of new engines, making it easier for owners and operators to repair their trucks. The 2023 Final Rule also lowered the HC, CO, and PM standards. Although not projected to require additional 
                        <PRTPAGE P="43189"/>
                        technology, these standards were set to prevent emissions from increasing above the levels engines were already achieving. The new requirements were added to 40 CFR part 1036, whereas the MYs 2026 and earlier requirements are in 40 CFR part 86, subpart A.
                    </P>
                    <P>
                        If a manufacturer has not completed the development of their engines for MY 2027, NCPs are needed to carry over MY 2026 engine families into MY 2027. The EPA proposes allowing this carryover with NCPs because the additional requirements in 40 CFR part 1036 require additional engine development, which manufacturers may not have time to complete for these carryover engines that they were planning to retire before the start of MY 2027. Since the main purpose of NCPs is to provide a path for manufacturers to stay in the market with noncompliant engines, the EPA is proposing an option to carry over MY 2026 engines. Under the proposed new 40 CFR 1071.80(d), manufacturers would be allowed to certify an engine family under 40 CFR part 86, subpart A, but would be assigned a compliance level at the UL and the maximum NCP would apply.
                        <SU>80</SU>
                        <FTREF/>
                         The EPA considers this to be reasonable because the Agency projected that additional technology and calibration would be needed to control emissions under the broader range of operation covered by the certification requirements in 40 CFR part 1036, compared to 40 CFR part 86. This additional technology and calibration would result in greater compliance costs and NO
                        <E T="52">X</E>
                         reductions than are reflected by just those families' NO
                        <E T="52">X</E>
                         levels on the FTP and SET. The proposed approach is consistent with the provisions of the 2023 Final Rule, which discounted NO
                        <E T="52">X</E>
                         credits by 40 percent for engine families certified to 40 CFR part 86.
                        <SU>81</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>80</SU>
                             As discussed in preamble section IV.B.3, for engine families that are certified to the requirements in 40 CFR 1036, the NCP is determined by the compliance level of the engine family.
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>81</SU>
                             See 40 CFR 1036.150(a)(1).
                        </P>
                    </FTNT>
                    <P>Under this approach, the EPA is proposing that a separate NCP would not be required for the HC, CO, and PM standards. The NCP at the UL would cover the total cost difference in compliance between engine families meeting the 35 mg/hp·hr standard and engine families certified under 40 CFR part 86.</P>
                    <P>This approach would also allow manufacturers to carry over their engine families certified under 40 CFR part 86 without having to meet the additional certification requirements in 40 CFR part 1036, such as OBD and serviceability requirements. The EPA is proposing that manufacturers demonstrate compliance with phase-in and testing requirements in 40 CFR 1036.110, excluding engine families certifying to OBD requirements in 40 CFR part 86. The EPA is also proposing to allow manufacturers to continue to use approved deficiencies through model year 2029. These are important considerations because it is likely that these engines would not be able to comply with the EPA's revised OBD program, for example due to the significant hardware and software changes needed to meet in-cab display requirements. The EPA is requesting comment on whether the Agency should consider modifying additional OBD provisions to accommodate the certification of engines to the proposed NCP requirements. (C-18).</P>
                    <P>
                        For these carryover engine families certified under 40 CFR part 86, the EPA is proposing to provide some relief by not requiring PCA testing and, instead, the engine family would be assigned a compliance level of 200 mg/hp·hr. The EPA believes this compliance level is justified because PCA testing would not reduce the NCP for these families. In addition, these carryover engine families have already been certified to meet the 200 mg/hp·hr NO
                        <E T="52">X</E>
                         standard.
                    </P>
                    <HD SOURCE="HD2">C. Other Considerations for MY 2027 NCPs</HD>
                    <HD SOURCE="HD3">1. Alternative Technology Package for Developing MY 2027 NCPs</HD>
                    <P>
                        As discussed in section IV.B of this preamble, the proposed NCPs are based on one technology package capable of meeting the MY 2027 NO
                        <E T="52">X</E>
                         standard—dual SCR technology with a close-coupled (CC) SCR catalyst combined with cylinder deactivation. The EPA recognizes there are other technology packages that some firms likely will use to achieve the MY 2027 NO
                        <E T="52">X</E>
                         standard. Other technology packages may have a different incremental cost impact, which could affect the estimated NCPs. One technology path of which the EPA is aware is an e-heater system. For this proposal, in addition to the primary methodology for developing the proposed NCPs, the EPA also developed an estimate of NCPs based on the use of e-heater systems to meet the MY 2027 NO
                        <E T="52">X</E>
                         standard. With this e-heater technology package, the e-heater system replaces the CDA hardware and the CC SCR catalysts, CC DEF doser, and CC mixer. The e-heater technology package also requires a power generation source (a 48-V generator) and supporting technology (a DC-DC convertor and a cooling system). To estimate the cost of the e-heater, 48-V generator, DC-DC converter, and cooling system, the EPA relied on a study conducted by the International Council on Clean Transportation (ICCT) in 2021 to estimate the technology costs to meet Euro VII standards.
                        <SU>82</SU>
                        <FTREF/>
                         The EPA is not basing the proposed NCP parameters on a technology package with an e-heater, as the Agency only has one publicly citable source for a cost estimate for the e-heater systems, which has not gone through a public comment process and it is unclear if that source has been peer reviewed. Nevertheless, the EPA presents an estimate of NCPs based on the e-heater technology package in the DTSD for this proposal. The EPA requests comment on whether to rely on an e-heater technology package and requests references to other publicly available data for the components of such a system. (C-19).
                    </P>
                    <FTNT>
                        <P>
                            <SU>82</SU>
                             Ragon, P., Rodriquez, F. (2021). Estimated cost of diesel emissions control technology to meet future Euro VII standards, 
                            <E T="03">https://theicct.org/wp-content/uploads/2021/06/tech-cost-euro-vii-210428.pdf.</E>
                        </P>
                    </FTNT>
                    <P>
                        In several previous NCP rules, the EPA relied on CBI from manufacturers to inform the NCP parameters. However, the EPA does not have sufficient information at the time of this proposal to use this approach. Nevertheless, if in response to this proposal the EPA receives CBI cost data from manufacturers (
                        <E T="03">e.g.,</E>
                         suppliers, engine manufacturers, or vehicle manufacturers), the Agency will consider that information in the development of the final rule.
                    </P>
                    <HD SOURCE="HD3">2. Methodology for Determining MC50 and MC90</HD>
                    <P>
                        As discussed in section IV.B.2 of this preamble, the EPA determined MC50 based on the technology needed to reduce emissions from 65 mg/hp·hr to standard of 35 mg/hp·hr, which is consistent with the approach taken in previous rules of determining the marginal cost of compliance based on the incremental cost to reduce an increment of emissions near the standard. However, in the Phase VII rulemaking, the EPA determined MC50 by dividing COC50 by the difference in emissions from the upper limit and the standard, and MC90 by dividing COC90 by the difference in emissions from the upper limit and the standard.
                        <SU>83</SU>
                        <FTREF/>
                         The approach of determining MC90 based on the marginal cost between the upper limit and the standard would result in slopes of NCP versus compliance level that are constant at $22 mg/hp·hr and $38 mg/hp·hr for Medium and Heavy HDE, respectively. Figure IV-4 shows how the proposed NCP curve would 
                        <PRTPAGE P="43190"/>
                        change for Heavy HDE if the EPA were to take this approach. The EPA requests comment on using this approach for the final rule. (C-20).
                    </P>
                    <FTNT>
                        <P>
                            <SU>83</SU>
                             Phase VII rulemaking (77 FR 54384, Sept. 5, 2012).
                        </P>
                    </FTNT>
                    <GPH SPAN="3" DEEP="302">
                        <GID>EP14JY26.011</GID>
                    </GPH>
                    <HD SOURCE="HD3">3. Inclusion of Other Costs in NCPs</HD>
                    <P>For this proposal, the EPA did not include local and State sales tax or Federal excise tax in the NCP calculation. The EPA expects that at least some portion of the NCPs will be passed on to the customer in the final vehicle price, which will be taxed as applicable. The EPA requests comment on this approach. (C-21).</P>
                    <P>
                        For this proposal, the EPA included lifetime DEF costs in the NCP values using a 7 percent discount rate. This approach is consistent with other NCP rules in which the EPA included lifetime fuel and DEF costs.
                        <SU>84</SU>
                        <FTREF/>
                         NCPs must be set at a level to remove any competitive disadvantage for complying manufacturers, but they are not intended to unduly penalize noncomplying manufacturers. Considering the need to balance these two requirements, the EPA requests comment on alternatively including DEF costs for only the initial two to four years of an engine's life instead of the full lifetime costs. (C-22).
                    </P>
                    <FTNT>
                        <P>
                            <SU>84</SU>
                             For example, in the Phase VII rulemaking (77 FR 54384, Sept. 5, 2012) the EPA included lifetime DEF and fuel costs.
                        </P>
                    </FTNT>
                    <P>
                        Regarding the indirect costs, the EPA relied on the RPE values for the “heavy-duty truck industry,” which is consistent with how the Agency estimated the indirect costs in the 2023 Final Rule.
                        <SU>85</SU>
                        <FTREF/>
                         The EPA requests comment on this approach. (C-23). An alternative to this approach would be to use the indirect costs for heavy-duty engine or vehicle manufacturers as shown in Table IV-3. The use of the indirect costs for the heavy-duty truck manufacturer could be justified if it is appropriate to assume that the markup for the truck dealers will include a markup on the NCP.
                    </P>
                    <FTNT>
                        <P>
                            <SU>85</SU>
                             These retail price equivalent factors were included in Tables 7-13 of the 2023 Final Rule RIA. See Control of Air Pollution from New Motor Vehicles: Heavy-Duty Engine and Vehicle Standards, Regulatory Impact Analysis. December 2022. EPA-420-R-22-035.
                        </P>
                    </FTNT>
                    <GPH SPAN="3" DEEP="137">
                        <PRTPAGE P="43191"/>
                        <GID>EP14JY26.012</GID>
                    </GPH>
                    <HD SOURCE="HD3">4. Alternative Methodologies for Determining Annual Adjustment Factor</HD>
                    <P>This proposed rule includes the equations from 40 CFR part 86, subpart L, for calculating and applying the Annual Adjustment Factor (AAF) to determine NCP values. The AAF includes a term to increase NCP values over time, with the goal of preventing manufacturers from relying on NCPs as a long-term compliance strategy. The AAF equation accounts for this by including a years counter, i, as an exponent on the factor characterizing the fraction of the engine fleet certified using NCPs. The calculation applies much like a calculation of compounding interest over several years. This has the effect of applying the AAF from a given year as if it has been in place every year that NCPs have been available.</P>
                    <GPH SPAN="3" DEEP="31">
                        <GID>EP14JY26.013</GID>
                    </GPH>
                    <EXTRACT>
                        <FP SOURCE="FP-2">Where:</FP>
                        <FP SOURCE="FP-2">
                            <E T="03">I</E>
                            i-1 = The fractional value representing the increase in overall consumer price index in year (i−1), as described in 40 CFR 86.1113-87 and in the proposed 40 CFR 1071.85.
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">A</E>
                            i = The usage adjustment factor in year i: Let Ai = 0.08, except that A1 = 0 and A2 = 0.10.
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">fraci</E>
                            −1 = The fraction of vehicles or engines in a class that are certified using NCPs in the year before the current year i, as described in 40 CFR 86.1113-87 and in the proposed 40 CFR 1071.85. If 
                            <E T="03">fraci</E>
                            −1 is above 0.50, calculate AAFi using 
                            <E T="03">fraci</E>
                            −1 = 0.50.
                        </FP>
                    </EXTRACT>
                    <P>In 40 CFR 86.1113-87 and in the proposed 40 CFR 1071.85, there is no AAF for the first year but the factor with the exponent applies the adjustment to the second year as if it applied to both years. Another complicating factor is that the NCP equation requires calculating a base NCP value for the first year and then multiplying by the product of past and current AAFs. This approach applies additional compounding on top of the compounding incorporated into the calculation of the AAF. Separate from inflation and without the inclusions of the exponent, the largest AAF (for which half of the engines from the class use NCPs in the previous year) is 1.2. Including the exponent (i = 2) in the AAF calculation causes the value of the NCP to increase by 40 percent in the second year. For the third year (still with half the engines from the class using NCPs in the previous year), the AAF equation would increase the NCP by a compounded factor of 1.64 (a 64 percent increase). Multiplying the three AAF together would cause the NCP for the third year to increase by 130 percent (1 × 1.40 × 1.64 = 2.30). The AAF of 2.28 for the fourth year would lead to more than a five-fold increase in the value of the NCP. This scenario, for which 50 percent of the engines in a class continue to use NCPs over multiple years, is unlikely and this effect would be much less dramatic as the fraction of the fleet needing NCPs approaches zero. Nevertheless, this calculation methodology accelerates the increasing NCP values over time beyond what would apply based on compounding calculations.</P>
                    <P>
                        The EPA requests comment on retaining the existing exponent and on two options to change the Agency's historical approach. Retaining the existing exponent would provide the most motivation for manufacturers to meet the standards in later years instead of using NCPs. If it is likely that manufacturers will continue to need additional time to meet the standards for a large fraction of the engines in a class, another option could be to remove the exponent from the AAF calculation, resulting in a standard compounding rate that would avoid the NCPs becoming cost-prohibitive to the point that certifying with NCPs is no longer a marketable option. A second option could be to replace the exponent “
                        <E T="03">i</E>
                        ” with “
                        <E T="03">i</E>
                        -1,” which would apply some accelerated compounding and aligns the calculations with the existing approach of not having an AAF for the first year. The EPA requests comment on these potential alternative approaches. (C-24).
                    </P>
                    <HD SOURCE="HD3">5. Use of Credits and NCPs in the Same Engine Family</HD>
                    <P>
                        In the proposed new 40 CFR 1071.15(b), the EPA is proposing to migrate the Agency's longstanding policy that engines may exceed emission standards using either emission credits or NCPs, but never in combination.
                        <SU>86</SU>
                        <FTREF/>
                         Specifically, this proposed provision would continue to require manufacturers to isolate engines using NCPs into NCP families that are separate from a manufacturer's averaging sets to simplify the implementation and clearly distinguish which compliance provisions apply to a given engine family. The EPA expects manufacturers would continue to use emission credits that are available before using NCPs. The proposed text notes that manufacturers might be able to use emission credits to delay their initial use of NCPs until well after the start of MY 2027, and manufacturers would also have the option to separate an existing engine family into one that would use credits and one that would use NCPs to comply with the standards.
                    </P>
                    <FTNT>
                        <P>
                            <SU>86</SU>
                             See 40 CFR 86.004-15(g).
                        </P>
                    </FTNT>
                    <P>
                        The EPA's 1990 final rule that established banking and trading for NO
                        <E T="52">X</E>
                         emissions included a discussion of the 
                        <PRTPAGE P="43192"/>
                        interaction of NCPs and ABT.
                        <SU>87</SU>
                        <FTREF/>
                         To prevent manipulation of the NCP and ABT programs, the EPA finalized that credits could not be generated by a single family for which NCPs are used or any engine families in an averaging set for which NCPs are used. To avoid any program design complications caused by simultaneous NCP and credit use by a family, the 1990 rule required an engine family needing both NCPs and credits to meet the emission standard to be separated into two families. One family would strictly use credits, be assigned an FEL, and involve only the number of engines that can be certified to the emission standard using the credits available. The other family would strictly use NCPs and be comprised of the remainder of the engines in the original engine family. The 1990 rule noted that the manufacturer would assign the number of engines to each family (as available credits allow) to always ensure a compliance with the standard and, thus, to provide a means of quick remedy of any noncompliance, since future production could be shifted to the NCP family. Consistent with this historical approach, the proposed new 40 CFR 1071.15(b) includes a similar restriction on using credits and NCPs in the same family and the EPA proposes to use the term “NCP families” throughout the proposed new 40 CFR part 1071 for a clear distinction.
                    </P>
                    <FTNT>
                        <P>
                            <SU>87</SU>
                             55 FR 30604 (July 26, 1990).
                        </P>
                    </FTNT>
                    <P>
                        The EPA notes that the proposal to the 1990 rule considered a general guideline that use of credits provides an air quality benefit compared to use of NCPs, since the higher emissions from NCP engines are not offset by correspondingly lower emissions from other engine families. Using that guideline, the EPA proposed that any manufacturer that desires to pay NCPs for an engine family that has credits available for use in that averaging set would lose all of these available credits.
                        <SU>88</SU>
                        <FTREF/>
                         That proposal was intended to optimize environmental benefits by incentivizing manufacturers to use their available credits before paying NCPs. However, the EPA did not finalize that restriction, noting that those credits could be used to offset noncompliance in other engines or remain banked with no environmental disbenefit.
                    </P>
                    <FTNT>
                        <P>
                            <SU>88</SU>
                             54 FR 22680 (May 25, 1989).
                        </P>
                    </FTNT>
                    <P>
                        In this proposed rule, the EPA is requesting comment on allowing manufacturers to use NO
                        <E T="52">X</E>
                         emission credits in the NCP program to lower the penalty with the benefit of offsetting NO
                        <E T="52">X</E>
                         emissions from higher-emitting NCP engines. The EPA recognizes that doing so would be a change in Agency position. However, a manufacturer could reduce the NCP for a given engine family if NO
                        <E T="52">X</E>
                         credits could be applied to that engine family to lower the effective compliance level from which the NCP is calculated. The EPA believes there would also be an emissions benefit from this approach, as a manufacturer could offset a portion of the emissions above the standard from an NCP engine with banked NO
                        <E T="52">X</E>
                         emission credits earned from engines which performed at a level below the NO
                        <E T="52">X</E>
                         standard, and those emission credits would no longer be available to offset future credit-using engine families. The EPA notes there would be an additional reporting and recordkeeping burden, for both the manufacturer and the Agency, associated with tracking credit use in addition to the proposed NCP provisions. The EPA requests comment on allowing NO
                        <E T="52">X</E>
                         emission credits to be used in the NCP program, including any competitive concerns, environmental impacts, and reporting and recordkeeping burdens. (C-25). The EPA also requests comment regarding how NO
                        <E T="52">X</E>
                         credits may impact the statutory requirements that NCPs “shall take into account the extent to which actual emissions of any air pollutant exceed allowable emissions under the standards . . .” and that NCPs “shall remove any competitive disadvantage to manufacturers whose engines or vehicles achieve the required degree of emission reduction.” Finally, the EPA requests comment on any interaction with the credit flexibilities request for comment in section III.D of this preamble.
                    </P>
                    <HD SOURCE="HD2">D. Migrating Regulation to 40 CFR Part 1071 and Proposed Revisions to the Regulation</HD>
                    <P>
                        The EPA first adopted regulations in 1985 to establish NCP provisions at 40 CFR part 86, subpart L.
                        <SU>89</SU>
                        <FTREF/>
                         Several subsequent rulemakings established new NCP provisions for specific emission standards and classes of engines or vehicles, with various amendments to the program structure along the way. This proposed rule provides an opportunity to clarify and improve the wording of the existing NCP regulations in plain language and with improved organization. In this rule, the EPA is proposing to migrate the NCP provisions to a new 40 CFR part 1071 as described in this section.
                    </P>
                    <FTNT>
                        <P>
                            <SU>89</SU>
                             Phase I rulemaking (50 FR 35374, Aug. 30, 1985).
                        </P>
                    </FTNT>
                    <P>
                        Consistent with this migration, the proposed provisions discussed in this section refer to the proposed regulations in their proposed new location in 40 CFR part 1071. In general, this migration is not intended to change the NCP program previously specified in 40 CFR part 86, except as specifically proposed in this rulemaking. The proposed 40 CFR part 1071 accordingly sets up provisions to establish the general construct of the program to allow noncompliant heavy-duty engines and vehicles to pay NCPs instead of meeting current standards. The full scope of NCP provisions includes heavy-duty engines certified under 40 CFR part 1036 and vehicles above 6,000 pounds GVWR certified under 40 CFR part 86, subpart S. This proposed rule includes specific NCP provisions only for certain heavy-duty engines relative to the 2027 NO
                        <E T="52">X</E>
                         standard, as described in this section IV.
                    </P>
                    <P>
                        While the EPA is proposing extensive wording changes in some cases to achieve more plain language, the goal in drafting most of the proposed text for 40 CFR part 1071 is to preserve the overall structure and function of the program. The proposed new regulation at 40 CFR part 1071 makes improvements in four broad areas. First, the EPA is proposing several minor adjustments to modernize the regulation. For example, the proposal specifies how to make electronic payments through 
                        <E T="03">www.pay.gov</E>
                         since the Federal government no longer accepts payments with paper checks. The EPA has also updated emission calculation instructions to include infrequent regeneration adjustment factors and reference 40 CFR part 1066 for vehicle-testing procedures.
                    </P>
                    <P>Second, the proposed regulation streamlines descriptions, eliminates obsolete content, and moves historical NCP information to an appendix. The overall effect of these drafting changes is to reduce the length of the regulatory text by about half.</P>
                    <P>Third, the EPA carefully reviewed the provisions at 40 CFR part 86, subpart L, and found several ways to improve clarity and address various ambiguities of the existing program. Some examples of these ambiguities include: (1) Determining the relationship between emission credits and NCPs, (2) understanding the possible scenarios for starting and discontinuing NCPs, (3) deciding which configurations to include in PCAs, (4) determining the AAF and other aspects of the NCP calculation, and (5) identifying how many engines are subject to NCPs in a given calendar quarter.</P>
                    <P>
                        Fourth, the EPA harmonized the regulation with similar provisions that already apply to certification testing and selective enforcement audits. For example, the EPA and the regulated 
                        <PRTPAGE P="43193"/>
                        industries have many years of experience implementing existing compliance provisions in other parts, including test orders, pass-fail determinations, instructions for preparing test engines, reporting and recordkeeping for test data, Agency entry and access to a manufacturer's testing facility, and handling of CBI. The proposed regulation at 40 CFR part 1071 includes several references to these other existing provisions. In other cases, the EPA copied text into the proposed 40 CFR part 1071 with minor adjustments to fit the NCP context.
                    </P>
                    <P>The following examples illustrate how the proposed regulation at 40 CFR part 1071 expands on the existing regulation under 40 CFR part 86, subpart L, to either remove ambiguity or adjust regulatory provisions:</P>
                    <P>
                        • 
                        <E T="03">Section 1071.15(b):</E>
                         Clarifying that engines may exceed emission standards using either emission credits or NCPs, but never in combination. See section IV.C.5 of this preamble for a discussion of other approaches the EPA is considering. Section 1071.30: Existing 40 CFR 86.1106-87(a)(2) specifies that PCA testing must be conducted on the same configurations that exceeded the standards in certification but that the EPA may approve testing more or fewer configurations. Also, existing 40 CFR 86.1110-87(a) describes a process of the EPA giving manufacturers instructions for selecting specific engines for PCA testing. The proposed new 40 CFR 1071.30 specifies that the compliance level from PCA testing would apply to the whole NCP family, unless the manufacturer chooses to divide the family into subfamilies to establish separate compliance levels for groups of engine configurations. The proposed new 40 CFR 1071.30 also refers to a proposed new 40 CFR 1071.35, which describes a plan for the EPA to send instructions to manufacturers analogous to a test order for a selective enforcement audit. Considering that the compliance level serves as the emission standard for compliance testing, as specified in proposed 40 CFR 1071.1(c), the EPA also proposes that manufacturers would be allowed to divide configurations into NCP subfamilies based on similar emission characteristics, which could result in different compliance levels. In some cases, a “worst-case” configuration may be necessary to represent a given NCP family. In proposed new 40 CFR 1071.35(b), the text states that the EPA's test order would be designed such that the test sample properly represents the NCP family to ensure that all engines from the NCP family have emissions at or below the compliance level. This arrangement is intended to preserve the approach described in 40 CFR part 86, subpart L.
                    </P>
                    <P>
                        • 
                        <E T="03">Section 1071.40:</E>
                         Allowing manufacturers to select a compliance level that is numerically greater than the value determined from PCA testing. The compliance level is used to calculate the NCP, but it also serves as the emission standard for any compliance testing. As a result, selecting a higher compliance level would result in a greater NCP but would also give the manufacturer a bigger compliance margin for managing their compliance risk. In no case would the compliance level exceed the UL.
                    </P>
                    <P>
                        • 
                        <E T="03">Section 1071.40(a):</E>
                         Calculating the compliance level from PCA testing must account for infrequent regeneration adjustment factors where appropriate.
                    </P>
                    <P>
                        • 
                        <E T="03">Section 1071.40(b):</E>
                         Replacing the table for identifying the 60th percentile result from PCA testing with an instruction to use a ceiling function. The ceiling function effectively rounds up to the next higher integer if there is any non-zero decimal value.
                        <SU>90</SU>
                        <FTREF/>
                         The ceiling function comes into effect only if manufacturers test more than 24 engines to determine the compliance level.
                    </P>
                    <FTNT>
                        <P>
                            <SU>90</SU>
                             This is analogous to an hourly parking fee that increases at the start of each successive hour.
                        </P>
                    </FTNT>
                    <P>
                        • 
                        <E T="03">Section 1071.50(a):</E>
                         Changing the deadline for reporting the results of a production compliance audit from five days to 30 days. This change aligns with the analogous deadline for reports under selective enforcement audits under 40 CFR part 1068 and is intended to allow additional time to ensure that the reported information is correct and complete.
                    </P>
                    <P>
                        • 
                        <E T="03">Section 1071.50(a)(4):</E>
                         Omitting the requirement for the audit report to identify the method for selecting emission-related components.
                    </P>
                    <P>
                        • 
                        <E T="03">Section 1071.65(a):</E>
                         Clarifying labeling requirements. (1) The engine's label must meet requirements that apply to all certified engines, except that the label acknowledges that the engine complies with current standards using NCPs. (2) Adding NCP labels to engines that have already been shipped requires manufacturers to either apply labels or assign the task to an agent. This contrasts with simply shipping labels to distributors or vehicle owners to apply labels at their discretion. (3) Adding a requirement for manufacturers to apply good engineering judgment in selecting the location for supplemental NCP labels. It is best for all compliance information to be on a single label, but the EPA is proposing to allow a supplemental label with NCP information that is near the primary label. The EPA may direct manufacturers to adjust label location if there is an achievable way to allow better access to the information.
                    </P>
                    <P>
                        • 
                        <E T="03">Section 1071.80(a)(5):</E>
                         Clarifying that MC
                        <E T="52">90</E>
                         is graphically represented by the slope of the line segment on the NCP curve from the published standard up to 
                        <E T="51">X</E>
                        .
                    </P>
                    <P>
                        • 
                        <E T="03">Section 1071.80(d)(3):</E>
                         The EPA is proposing that the compliance level be based on engine testing over the FTP duty cycle.
                    </P>
                    <P>
                        • 
                        <E T="03">Section 1071.80(d)(4):</E>
                         The EPA is proposing that the adjusted values for the compliance level for the LLC, idle testing, and off-cycle testing, as applicable, apply to certification and in-use testing, as these values serve as the emission standards.
                    </P>
                    <P>
                        • 
                        <E T="03">Section 1071.85(b):</E>
                         Adjusting nomenclature to consistently use 
                        <E T="03">i</E>
                         as the counter for calculating NCP values, up to the current or final value of 
                        <E T="03">n</E>
                         years. The current regulation seems to use both 
                        <E T="03">i</E>
                         and 
                        <E T="03">n</E>
                         without describing whether they are interchangeable. The proposal also combines terms as needed to include equations that do not involve intermediate quantities (such as 
                        <E T="03">PR</E>
                        <E T="52">1</E>
                         and 
                        <E T="03">PR</E>
                        <E T="52">2</E>
                        ).
                    </P>
                    <P>
                        • 
                        <E T="03">Section 1071.85(c):</E>
                         Correcting the usage factor Ai. 40 CFR 86.1113-87(a)(4) states that Ai = 0.08 for i &lt; 2. This would suggest that there is a usage factor of 0.08 for the first year of allowing NCPs; however, there can be no annual adjustment in the first year based on what happened in the previous year. The current regulation also identifies no value of Ai after the second year of allowing NCPs. The EPA understands the 0.08 value to apply to i &gt; 2 (for years three and later).
                    </P>
                    <P>
                        • 
                        <E T="03">Section 1071.85(d)(2):</E>
                         Clarifying that the EPA determines the usage factor fraci−1 based on the extent to which all manufacturers used NCPs in the previous MY. The result is that all manufacturers use the same AAF, independent of their own NCP usage.
                    </P>
                    <P>
                        • 
                        <E T="03">Section 1071.85(d)(3):</E>
                         Including a website for a standardized reference to consumer price index for calculating annual inflation adjustments.
                    </P>
                    <P>
                        • 
                        <E T="03">Section 1071.90(c):</E>
                         The EPA is proposing to assess NCPs based on engines produced during each calendar quarter. This contrasts with existing 40 CFR 86.1113-87(g), which assesses NCPs based on engines that have been produced and distributed into commerce. Since every produced engine will presumably be distributed into commerce in its production configuration, there is no compelling need to increase the complexity of counting affected engines by factoring in 
                        <PRTPAGE P="43194"/>
                        the marketing disposition of individual engines.
                    </P>
                    <P>
                        • 
                        <E T="03">Section 1071.90(c)(1):</E>
                         Removing the requirement to include the date and identification number for the certificate. These items can be readily identified based on the engine family, which the EPA is proposing to include in penalty-related reporting.
                    </P>
                    <P>
                        • 
                        <E T="03">Section 1071.105(a):</E>
                         Adjusting the reporting requirements relative to engines found during PCA testing to exceed the Compliance Level or an emission standard. The EPA is proposing to require notification within five days after determining that an engine has failed, and requiring manufacturers to submit a report describing how they remedied the problem before introducing that engine into U.S. commerce. In that case, manufacturers could also include the remedy description in the report describing the results of the audit.
                    </P>
                    <P>
                        In this rule, the EPA is proposing to migrate the NCP provisions to a new 40 CFR part 1071. In general, this migration is not intended to change the compliance program specified in 40 CFR part 86, except as specifically stated in this proposal. See the EPA's docket memorandum for a detailed description of the proposed migration.
                        <SU>91</SU>
                        <FTREF/>
                         The EPA requests comment on proposed provisions that are substantively different than what applies under 40 CFR part 86, subpart L. (C-26). In cases where the EPA is not proposing substantive changes to the regulation, the Agency requests comment on those amendments as editorial changes.
                    </P>
                    <FTNT>
                        <P>
                            <SU>91</SU>
                             Memorandum to docket EPA-HQ-OAR-2026-0728. “Detailed Description of Proposal to Migrate Provisions for Nonconformance Penalties from 40 CFR part 86, subpart L, to 40 CFR part 1071.” June 2026.
                        </P>
                    </FTNT>
                    <HD SOURCE="HD1">V. Improvements for SCR Reliability and Changes to DEF Inducements for Highway Engines and Vehicles and for Nonroad Diesel Engines</HD>
                    <P>The EPA has heard from farmers, truckers, motor coach operators, and owners and operators of other diesel equipment who are frustrated by performance derates that result from problems with emission control systems in their diesel engines. The result is that these reliance issues encourage noncompliance with EPA regulations instead of ensuring the environmental benefits from working emission control technologies. As described in this section, SCR is a unique emission control technology because it relies on operators to supply the system with quality DEF for it to work properly. Consequently, engine manufacturers have unique requirements to demonstrate that operators properly maintain the SCR systems compared to other emission control systems. Throughout this preamble, the term “inducements” refers to SCR-related strategies to induce operators to maintain appropriate levels of high-quality DEF and not tamper with SCR systems. This section describes proposed amendments to replace the SCR-related engine performance derates with visible and/or audible notifications, and includes corresponding proposed changes to OBD and related certification requirements to improve SCR reliability. This proposal generally does not include amendments to derates manufacturers use for catastrophic engine and aftertreatment protection.</P>
                    <P>
                        The EPA is aware of these real-world concerns from heavy-duty vehicle owners and operators due to inducements. For example, during the development of the 2023 Final Rule, the EPA received comments such as: “We have experienced downtime due to lack of power, clogged filters, DEF issues, and derate issues that put us in a very unsafe situation with no place or time to pull over safely. Then the cost of downtime at a dealer, the high cost of towing, and the loss of revenue and a broker or shipper upset because of all the failures from these new engines.” 
                        <SU>92</SU>
                        <FTREF/>
                         Operators described how costs go well beyond financial and can also cost them their reputation or contracts due to missed or late deliveries. Motorcoach operators described the high financial cost due to performance restricting inducements, such as when they need to reimburse passengers for missed events or plane tickets, as well as the risk it presents when they are providing emergency evacuation services, such as during hurricanes.
                        <SU>93</SU>
                        <FTREF/>
                         Another commenter shared that inducements have resulted in people who otherwise would have remained compliant being motivated to disable emission controls.
                        <SU>94</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>92</SU>
                             Memorandum to Docket EPA-HQ-OAR-2019-0055, regarding Summary of ANPR Comments Relating to Inducements. 
                            <E T="03">www.regulations.gov/document/EPA-HQ-OAR-2019-0055-0826.</E>
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>93</SU>
                             Memorandum to Docket EPA-HQ-OAR-2019-0055, regarding Letter to EPA from Bus and Motorcoach Operators Regarding Inducement Experiences In-Use. 
                            <E T="03">www.regulations.gov/document/EPA-HQ-OAR-2019-0055-0779.</E>
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>94</SU>
                             National Automobile Dealers Association Comment on the EPA's Advance Notice of Proposed Rulemaking. EPA-HQ-OAR-2019-0055-0369. 
                            <E T="03">www.regulations.gov/document/EPA-HQ-OAR-2019-0055-0369.</E>
                        </P>
                    </FTNT>
                    <P>Section V.C of this preamble discusses the proposed changes to inducement regulations for new MYs 2027 and later highway heavy-duty engines. Section V.D of this preamble discusses proposed changes intended to improve the reliability of SCR systems. Section V.E of this preamble includes a proposal for inducement regulations for new light-duty and medium-duty vehicles and for new nonroad diesel engines similar to the proposed requirements for new highway heavy-duty engines. Finally, section V.F of this preamble discusses the EPA's consideration of new inducement guidance for in-use diesel engines, vehicles, and equipment.</P>
                    <HD SOURCE="HD2">A. Background</HD>
                    <P>
                        In 2001, the EPA finalized a rule that promulgated lower NO
                        <E T="52">X</E>
                         standards for MYs 2007 and later heavy-duty highway engines.
                        <SU>95</SU>
                        <FTREF/>
                         The EPA adopted those new performance-based standards based on a projection that manufacturers could use catalyzed particulate filters and NO
                        <E T="52">X</E>
                         absorber catalysts on diesel-fueled engines. To reduce NO
                        <E T="52">X</E>
                         emissions, manufacturers ultimately deployed urea-based SCR systems beginning with MY 2010. SCR is different from other emission control technologies in that it requires operators to maintain an adequate supply of DEF to control emissions.
                        <SU>96</SU>
                        <FTREF/>
                         DEF is stored in a tank located on the vehicle and is injected into the engine's exhaust upstream of the SCR system.
                    </P>
                    <FTNT>
                        <P>
                            <SU>95</SU>
                             66 FR 5002 (Jan. 18, 2001). 
                            <E T="03">See</E>
                             section I of the preamble to that rule for more information on the history of emission regulations for this sector.
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>96</SU>
                             The International Organization for Standardization defines DEF as a water-based solution with a 32.5 percent urea concentration. ISO 22241-1:2019 Diesel engines, available here: 
                            <E T="03">https://www.iso.org/standard/66408.html.</E>
                        </P>
                    </FTNT>
                    <P>
                        As manufacturers focused on developing SCR technology to meet the MY 2010 NO
                        <E T="52">X</E>
                         standards, the EPA had three major concerns related to these systems achieving the intended level of emission control if operators did not maintain a supply of DEF.
                    </P>
                    <P>
                        The first concern was that at the time (prior to 2010), there was no nationwide infrastructure to provide a reliable supply of DEF at refueling stations. Today, DEF is widely available at retail stores and filling stations often offer it via pumps in the same lanes as where diesel-fuel pumps are located.
                        <SU>97</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>97</SU>
                             Travel Centers of America. “Where To Find DEF In Your Area.” 
                            <E T="03">https://www.ta-petro.com/professional-drivers/def-fuel/.</E>
                        </P>
                    </FTNT>
                    <P>
                        The second concern was that operators would leave DEF tanks empty or would fill DEF tanks with water to reduce operating costs. Filling DEF tanks is a form of emission-related scheduled maintenance. Historically, scheduled maintenance was focused on replacing engine components, such as fuel injectors, to ensure that emission 
                        <PRTPAGE P="43195"/>
                        controls would work properly throughout an engine's useful life. The EPA would only allow the use of SCR if manufacturers could demonstrate that it is reasonably likely that in-use operators would maintain a consistent supply of DEF. Therefore, to certify engines that use DEF, manufacturers had to demonstrate to the EPA that operators were reasonably likely to perform the “emission-related scheduled maintenance” of refilling DEF tanks.
                        <SU>98</SU>
                        <FTREF/>
                         These requirements help ensure that maintenance occurs so that in-use engines achieve the intended emission reductions. These requirements also ensure that engine manufacturers do not demonstrate compliance with the EPA standards using maintenance practices that are unlikely to occur in the real world.
                    </P>
                    <FTNT>
                        <P>
                            <SU>98</SU>
                             The EPA first issued regulations in 1993 (
                            <E T="03">see</E>
                             40 CFR 86.094-25(b)(6)(ii) as published in 58 FR 4020 (Jan. 12, 1993) to address how a manufacturer could demonstrate that emission-related scheduled maintenance was reasonably likely to occur using one of six methods, including a visible notification, performance deterioration, surveying in-use vehicles, or doing the maintenance for free.
                        </P>
                    </FTNT>
                    <P>
                        The third concern was related to operators not using a supply of quality DEF (
                        <E T="03">i.e.,</E>
                         filling the DEF tank with the wrong fluid or diluting DEF with water). The EPA has treated both DEF supply and DEF quality as “adjustable parameters” based on the possibilities that operators may keep DEF tanks full, let them run empty, or fill them with the wrong fluid or diluted DEF. The EPA's existing adjustable parameter requirements were designed to ensure manufacturers demonstrate emission standards will be met when an operator could physically adjust engine components. For example, on older diesel engines, if a fuel screw was adjustable by an operator using a standard screwdriver, the manufacturer would need to meet emission standards no matter how the screw was adjusted (
                        <E T="03">i.e.,</E>
                         across the entire “practically adjustable range”). A manufacturer could instead set the screw to a particular point and prevent an operator from physically adjusting the screw (
                        <E T="03">e.g.,</E>
                         to prevent an adjustment increasing the amount of fuel provided to the engine) by using a screw that required a special tool, permanently gluing the screw in place so it was not adjustable, or shearing off the head of the screw. Limiting the adjustment of such a parameter would limit the conditions for which manufacturers were liable to meet emission standards. Although ensuring that operators maintained a supply of quality DEF was different than the historic need for these requirements to prevent mechanical adjustment, the EPA similarly treated DEF supply and DEF quality as adjustable parameters.
                    </P>
                    <P>
                        The EPA issued three guidance documents between 2007-2013 to describe how manufacturers could demonstrate a reasonable likelihood that operators would perform the scheduled maintenance of adding DEF to engines with SCR systems.
                        <SU>99</SU>
                        <FTREF/>
                         The guidance suggested manufacturers could demonstrate that operators would add DEF by sizing the DEF tank to correspond with the size of the fuel tank (to allow for adding diesel fuel and DEF at the same time) and by programming the engine to derate engine performance and vehicle speed when the DEF tank was nearly empty. The EPA's guidance suggested that warnings with a visible notification and a performance derate that ended in a vehicle speed derate of 5 mph after four hours was a possible primary approach to notifying and compelling operators to use high-quality DEF. The EPA's 2013 guidance resulted in the widespread use of urea quality sensors (UQS) to ensure high-quality DEF was used by operators. This proposal reassesses the continued need for manufacturers to use derates to demonstrate the reasonable likelihood of operators using quality DEF to meet emission-related scheduled maintenance requirements.
                    </P>
                    <FTNT>
                        <P>
                            <SU>99</SU>
                             Docket EPA-HQ-OAR-2019-0055-0778. “Inducement-Related Guidance Documents, and Workshop Presentation.” March 15, 2022. 
                            <E T="03">https://www.regulations.gov/document/EPA-HQ-OAR-2019-0055-0778.</E>
                        </P>
                    </FTNT>
                    <P>
                        In addition to derates for DEF supply and DEF quality, the EPA guidance described a likely need for inducements to prevent operators from tampering with SCR systems, such as disabling the DEF pump. The EPA guidance provided a list of components that should likely be monitored for disconnection (
                        <E T="03">e.g.,</E>
                         DEF quality sensors) or blockage (
                        <E T="03">e.g.,</E>
                         to avoid someone crimping a DEF line to prevent flow). The guidance described applying an inducement of 5 mph after detecting a tampering condition. This proposal reassesses the continued need for manufacturers to use derates to demonstrate that operators are not tampering with SCR systems.
                    </P>
                    <P>
                        The EPA has also observed that the number of fault conditions causing inducements has steadily increased far beyond the initial need to detect problems related to DEF supply, DEF quality, and tampering with SCR systems. The EPA has learned that malfunctioning components, such as defective sensors or corroded wiring, can cause performance derates even though operators are using quality DEF with an adequate supply. This has contributed to the frustrations expressed by operators who find themselves unable to operate their vehicles even though they have properly performed the SCR-related scheduled maintenance and have not tampered with their engines or emission control systems. The more stringent 2027 NO
                        <E T="52">X</E>
                         standard will require that engine manufacturers update their designs with additional components that work together as part of a larger and more complex system to more carefully control emissions and continuously monitor performance with additional sensors and logic for diagnosing emission-related malfunctions. This greater complexity increases the risk of defects, both for malfunctions involving increased emissions and for diagnostic malfunctions that show up as faults even though emissions do not increase.
                        <SU>100</SU>
                        <FTREF/>
                         These experiences have motivated the EPA to reassess the Agency's approach to certifying SCR-equipped engines, which require DEF.
                    </P>
                    <FTNT>
                        <P>
                            <SU>100</SU>
                             
                            <E T="03">See</E>
                             section V.C of this preamble for a discussion of technologies that manufacturers are expected to use to meet the 2027 NO
                            <E T="52">X</E>
                             standard.
                        </P>
                    </FTNT>
                    <P>
                        The following sections describe recent EPA actions and policymaking deliberations related to maintenance, defects, and inducements. The EPA requests comment on the broader context of operator frustration with inducements caused by defects rather than operator behavior. (C-27). Inducements were intended to motivate proper use of DEF in SCR systems to reduce NO
                        <E T="52">X</E>
                         emissions. DEF has become widely available and widely used, and late MY trucks and equipment emit far less than older models. However, in the wake of implementation of inducement schedules, strong negative public sentiment toward DEF has emerged due to system failures stemming from sources like failed sensors and the delayed availability of replacement parts rather than inadequate DEF or an intent of noncompliance. The EPA has heard from individuals who have experienced traumatic events, such as lost harvests or stranded vehicles and products. Observation and word-of-mouth have created secondary distrust of SCR systems and DEF. The EPA is requesting comment on the extent to which negative public sentiment about engine derates has created a distrust associated with SCR system and DEF failures and how to address the challenge of rebuilding positive culture around the use of SCR systems and DEF. This might take the form of educational outreach by manufacturers of engines and manufacturers of emission-related components. For example, to increase 
                        <PRTPAGE P="43196"/>
                        public awareness of possible software updates that provide relief from derate, or to help operators learn how to practice better preventive maintenance to reduce downtime. This might also take the form of additional engineering to focus on product improvements for which defects are most common.
                    </P>
                    <HD SOURCE="HD2">B. Recent Developments</HD>
                    <HD SOURCE="HD3">1. Changes to Inducements Made in the 2023 Final Rule</HD>
                    <P>
                        The 2023 Final Rule formalized an updated approach for demonstrating that operators would maintain a consistent supply of quality DEF for SCR-equipped in-use engines used in heavy-duty highway engines and vehicles. Specifically, the EPA codified requirements that describe how manufacturers can design engines with a derate schedule to demonstrate that operators would be reasonably likely to maintain a supply of quality DEF.
                        <SU>101</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>101</SU>
                             
                            <E T="03">See</E>
                             the inducement requirements specified in 40 CFR 1036.111.
                        </P>
                    </FTNT>
                    <P>
                        The 2023 Final Rule also specifies that DEF supply and DEF quality are adjustable parameters.
                        <SU>102</SU>
                        <FTREF/>
                         Regarding DEF supply, the EPA finalized that the physically adjustable range includes any amount of DEF for which the engine's control system does not trigger an inducement. For DEF supply, the EPA also finalized that the inducement schedule starts with visible notifications three hours prior to the tank being empty.
                    </P>
                    <FTNT>
                        <P>
                            <SU>102</SU>
                             
                            <E T="03">See</E>
                             40 CFR 1036.115(f).
                        </P>
                    </FTNT>
                    <P>The EPA did not finalize proposed revised requirements for determining the physically adjustable range of DEF quality in the 2023 Final Rule. This is discussed in more detail in section V.D.1 of this preamble.</P>
                    <P>The 2023 Final Rule made several changes to reduce the severity of inducements, as compared to the EPA's prior SCR-related guidance. Importantly, the regulation does not specify a derate to 5 mph within four hours after detecting a fault condition. The regulation instead specified an immediate initial restriction in allowable speed and further decreases in allowable speed until a final inducement speed of 25 mph is reached. The time prior to final inducement depends on the average speed of the vehicle's actual operation, varying from 30 hours to 164 hours.</P>
                    <P>The EPA also added requirements to ensure the engine's control system will validate when an inducement condition no longer exists and remove the inducement. For example, if an operator flushed and refilled a DEF tank to replace poor quality DEF, the system will recognize this action and remove the inducement. The 2023 Final Rule also required generic scan tools to report SCR- and DPF-related derate fault code information and to be capable of removing a final inducement condition. Expanding the capability of generic scan tools helps users avoid costly towing bills and trips to repair facilities after taking action to address problems. These provisions continue to be important during the proposed transition from performance derates to visible and/or audible notifications.</P>
                    <HD SOURCE="HD3">2. The EPA's August 2025 Inducement Guidance</HD>
                    <P>
                        In the 2023 Final Rule, the EPA indicated a willingness to allow manufacturers to modify in-use heavy-duty highway engines and vehicles with software updates that incorporate some or all of the inducement provisions in the 2023 Final Rule. To encourage manufacturers to make updates to in-use engines and vehicles, in August 2025 the EPA issued revised inducement guidance for existing vehicles up to and including MY 2026 to allow more time before a final inducement of 25 mph.
                        <E T="51">103 104</E>
                        <FTREF/>
                         This guidance applied not only to highway heavy-duty engines, but also to in-use highway light-duty and medium-duty vehicles and nonroad diesel engines.
                    </P>
                    <FTNT>
                        <P>
                            <SU>103</SU>
                             U.S. Environmental Protection Agency. (2025). “At Iowa State Fair, EPA Administrator Zeldin Announces Diesel Exhaust Fluid (DEF) Fix.” 
                            <E T="03">www.epa.gov/newsreleases/iowa-state-fair-epa-administrator-zeldin-announces-diesel-exhaust-fluid-def-fix.</E>
                        </P>
                        <P>
                            <SU>104</SU>
                             U.S. Environmental Protection Agency. (2025). IACD-2025-10, “Revised Guidance for Light Duty Vehicles, Heavy-Duty Diesel Engines and Nonroad Compression-Ignition (CI) Engines Using Selective Catalyst Reduction (SCR) Technologies.” 
                            <E T="03">www.epa.gov/system/files/documents/2025-08/def-ltr-manufacturer-2025-0811.pdf.</E>
                        </P>
                    </FTNT>
                    <HD SOURCE="HD3">3. EPA Requests for Manufacturer SCR-Related Warranty Data</HD>
                    <P>
                        Under CAA section 208(a), the EPA is authorized to require manufacturers to provide information needed to assess whether emission control systems are functioning properly and whether manufacturers are meeting their obligations to identify and fix defects. On February 3, 2026, the EPA requested information from the top 14 highway and nonroad diesel engine manufacturers that account for over 80 percent of all products using SCR systems. Specifically, the EPA requested data on warranty claims, failure rates, and repair information for MYs 2016, 2019, and 2023 emission control products to determine whether ongoing DEF system failures are related to a specific generation of products or specific SCR-system components.
                        <SU>105</SU>
                        <FTREF/>
                         The EPA has received this data and is evaluating it to independently evaluate ongoing system failures, and the Agency may take further action based on what the Agency learns from this data.
                    </P>
                    <FTNT>
                        <P>
                            <SU>105</SU>
                             U.S. Environmental Protection Agency. (2026). “Administrator Zeldin Takes Additional Measures to Address Diesel Exhaust Fluid (DEF) Issues for American Farmers and Truckers.” 
                            <E T="03">https://www.epa.gov/newsreleases/administrator-zeldin-takes-additional-measures-address-diesel-exhaust-fluid-def-issues.</E>
                        </P>
                    </FTNT>
                    <HD SOURCE="HD3">4. The EPA's March 2026 DEF Quality Monitoring Guidance</HD>
                    <P>
                        In 2013 for SCR-equipped highway diesel engines and in 2014 for SCR-equipped nonroad diesel engines, the EPA issued guidance describing the adjustable parameter provisions of the Agency's regulations, and the Agency's conclusion that UQS) could be installed in new highway vehicles by MY 2016 and in new nonroad equipment by MY 2017 to meet the Agency's adjustable parameter regulations.
                        <E T="51">106 107</E>
                        <FTREF/>
                         The EPA also acknowledged that NO
                        <E T="52">X</E>
                         sensors had been successfully used to meet these requirements in previous MYs, and NO
                        <E T="52">X</E>
                         sensors could continue to be used to meet requirements related to DEF quality. Since that time, only one diesel engine manufacturer has continued to demonstrate compliance using NO
                        <E T="52">X</E>
                         sensors to determine urea concentration. All other manufacturers switched to UQS because of the UQS's ability to directly measure DEF quality and more quickly determine if DEF has been diluted. Together with the manufacturers, the EPA has recently identified UQS as having among the highest failure rates of any SCR components and that using alternative detection methods (
                        <E T="03">e.g.,</E>
                         NO
                        <E T="52">X</E>
                         sensors) could further improve SCR system robustness and reduce unnecessary inducements. The EPA's preliminary assessment of warranty data submitted to the Agency in response to the February 2026 information requests further suggests that UQS failures are a significant source of warranty claims and DEF-related inducement. Given this, the EPA issued revised guidance in March 2026 to make clear that alternative methods of meeting the adjustable parameter provisions, including the use of NO
                        <E T="52">X</E>
                         sensors, are allowed under EPA regulations. The 
                        <PRTPAGE P="43197"/>
                        EPA also stated that software updates using certain alternative detection methods may be made to existing diesel engine products in place of, or to augment, existing UQS-based systems without such action being considered tampering under the CAA.
                        <SU>108</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>106</SU>
                             U.S. Environmental Protection Agency. (2013). CISD-13-13, “Testing of Heavy-Duty Diesel On-Highway Engines with Adjusted Diesel Exhaust Fluid (DEF) Quality.” 
                            <E T="03">https://dis.epa.gov/otaqpub/display_file.jsp?docid=31221&amp;flag=1.</E>
                        </P>
                        <P>
                            <SU>107</SU>
                             U.S. Environmental Protection Agency. (2014). CISD-14-10, “Certification of Nonroad Diesel Engines Equipped with SCR Emission Controls.” 
                            <E T="03">https://dis.epa.gov/otaqpub/display_file.jsp?docid=32298&amp;flag=1.</E>
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>108</SU>
                             U.S. Environmental Protection Agency. (2026). “DEF Quality Monitoring Using Alternate Sensor Technologies,” Guidance Document: IACD-2026-05 (LDV, HDE, NRCI). 
                            <E T="03">www.epa.gov/system/files/documents/2026-03/iacd-2026-05-def-guidance-ltr-2026-0326.pdf.</E>
                        </P>
                    </FTNT>
                    <HD SOURCE="HD2">C. The EPA's Proposed Inducement Revisions</HD>
                    <P>This section discusses the EPA's reasons for reconsidering existing inducement regulations for MYs 2027 and later highway heavy-duty engines and vehicles, and proposed changes to the Agency's existing inducement requirements.</P>
                    <HD SOURCE="HD3">1. The EPA's Reassessment of Inducements</HD>
                    <P>
                        The EPA Administrator has said “[a]s I traveled to all 50 states during my first year as EPA Administrator, I heard from truck drivers, farmers, and many others rightly complaining about DEF and pleading for a fix.” 
                        <SU>109</SU>
                        <FTREF/>
                         In response to feedback and concerns that the EPA continues to receive regarding the impact of inducements that affect the performance of heavy-duty engines and vehicles, the Agency is reassessing whether derates are necessary for SCR compliance. This section presents key reasons the EPA is reassessing the need for derates for SCR compliance.
                    </P>
                    <FTNT>
                        <P>
                            <SU>109</SU>
                             U.S. Environmental Protection Agency. (2026). “Administrator Zeldin Takes Additional Measures to Address Diesel Exhaust Fluid (DEF) Issues for American Farmers and Truckers,” 
                            <E T="03">www.epa.gov/newsreleases/administrator-zeldin-takes-additional-measures-address-diesel-exhaust-fluid-def-issues.</E>
                        </P>
                    </FTNT>
                    <P>
                        The 2023 Final Rule presented a series of principles the EPA considered when evaluating how to address concerns related to maintaining the operation of emission control systems.
                        <SU>110</SU>
                        <FTREF/>
                         The EPA's 2023 Final Rule also raised questions about how restrictive derates should be to provide a reasonable basis for demonstrating that operators would continue to add quality DEF in tanks and not tamper with SCR systems. However, the 2023 Final Rule did not include any reference to relying on visible and audible notifications instead of derates as the sole means of prompting operators to perform maintenance.
                    </P>
                    <FTNT>
                        <P>
                            <SU>110</SU>
                             88 FR 4377 (Jan. 24, 2023).
                        </P>
                    </FTNT>
                    <P>
                        The reassessment in this proposed rule revisits questions and principles discussed in the 2023 Final Rule, including how to apply these principles to find the least restrictive means of accomplishing the goal of ensuring operators add quality DEF in tanks and prevent tampering with SCR systems. The three principles considered in the 2023 Final Rule that are of particular relevance are: (1) ensuring critical emission-related scheduled maintenance has a reasonable likelihood of being performed while also deterring tampering of the SCR system, (2) addressing operator concerns with false inducements and low inducement speed restrictions that occur quickly, and (3) reducing the likelihood of in-use tampering by reducing operator frustration with derates. While vehicle owners and operators have not yet experienced the inducement requirements finalized in the 2023 Final Rule, the EPA has heard from enough owners and operators of diesel engines frustrated with SCR inducement derates that the Agency has decided to reassess the need to continue to rely on derates for diesel engines using SCR.
                        <SU>111</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>111</SU>
                             U.S. Environmental Protection Agency. (2026). “Administrator Zeldin Takes Additional Measures to Address Diesel Exhaust Fluid (DEF) Issues for American Farmers and Truckers.” 
                            <E T="03">www.epa.gov/newsreleases/administrator-zeldin-takes-additional-measures-address-diesel-exhaust-fluid-def-issues.</E>
                        </P>
                    </FTNT>
                    <P>
                        Comments received in response to the proposal of the 2023 Final Rule were also reviewed as part of this reassessment of inducements. Commenters expressed frustration with the process of relying on the engine's electronic controls to make a judgment on tampering without being able to consider problems caused by component failure.
                        <SU>112</SU>
                        <FTREF/>
                         Commenters stated that engines are designed with algorithms that calculate a probability that tampering has occurred, without being able to confirm it has occurred.
                        <SU>113</SU>
                        <FTREF/>
                         Commenters shared their experiences with derates for system defects unrelated to tampering, with no opportunity for operators to appeal to demonstrate that no tampering occurred prior to or even after a derate had been initiated by the engine's control system.
                        <SU>114</SU>
                        <FTREF/>
                         Commenters stated that, in some cases, components were identified as defective by the diagnostic system but were not actually faulty, which means that derate occurred despite emission controls working properly.
                        <SU>115</SU>
                        <FTREF/>
                         Furthermore, one manufacturer commented that it was difficult to differentiate between tampering or urea crystallization that can cause plugged lines that prevent DEF flow.
                        <SU>116</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>112</SU>
                             
                            <E T="03">See, e.g.,</E>
                             American Trucking Associations comment on the EPA's Advance Notice of Proposed Rulemaking. EPA-HQ-OAR-2019-0055-0357. 
                            <E T="03">www.regulations.gov/document/EPA-HQ-OAR-2019-0055-0357.</E>
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>113</SU>
                             
                            <E T="03">See, e.g.,</E>
                             National Association of Small Trucking Companies comment on the EPA's Advance Notice of Proposed Rulemaking. EPA-HQ-OAR-2019-0055-0456. 
                            <E T="03">www.regulations.gov/document/EPA-HQ-OAR-2019-0055-0456.</E>
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>114</SU>
                             
                            <E T="03">See, e.g.,</E>
                             Indiana Motor Truck Associations comment on the EPA's Notice of Proposed Rulemaking. EPA-HQ-OAR-2019-0055-0357. 
                            <E T="03">www.regulations.gov/document/EPA-HQ-OAR-2019-0055-1095.</E>
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>115</SU>
                             Memorandum to Docket EPA-HQ-OAR-2019-0055, “Summary of ANPR Comments Relating to Inducements.” 
                            <E T="03">www.regulations.gov/document/EPA-HQ-OAR-2019-0055-0826.</E>
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>116</SU>
                             Cummins comment on the EPA's Notice of Proposed Rulemaking. EPA-HQ-OAR-2019-0055-1325. 
                            <E T="03">https://www.regulations.gov/comment/EPA-HQ-OAR-2019-0055-1325.</E>
                        </P>
                    </FTNT>
                    <P>
                        In response to these concerns, the EPA narrowed the list of tampering triggers in the 2023 Final Rule. Inducements depend on the engine's diagnostic systems being able to accurately distinguish between problems directly caused by an operator tampering or not supplying quality DEF and problems caused by defective components. The EPA attempted to refocus inducement triggers in the 2023 Final Rule, for example by limiting the tampering-related triggers to “open circuit” faults that would occur if an operator unplugged a component (
                        <E T="03">e.g.,</E>
                         a DEF pump). However, there remains risk that the judgments made by the engine's diagnostic system on the remaining inducement triggers may not always accurately distinguish between tampering and defective components but nevertheless uses derates for both. This concern for recognizing the limits of algorithm-based judgments is an important factor to consider in reassessing the role of derates to ensure that operators are maintaining the DEF supply and not tampering.
                    </P>
                    <P>
                        The February 2026 SCR-related warranty claim data, which the EPA required highway and nonroad diesel engine manufacturers to provide, can help identify certain areas in which improvements to components or software calibrations might be made to improve SCR system reliability (
                        <E T="03">see</E>
                         section B.3. for further discussion on the Agency's request). It is important to note that most of this data is likely to provide insight into failures within the manufacturer's warranty period (
                        <E T="03">e.g.,</E>
                         generally under 200,000 miles and two years for heavy-duty highway engines and vehicles) versus over the entire useful life. In general, heavy-duty highway diesel SCR systems were first introduced in MY 2010, and nonroad diesel SCR systems were first introduced in MY 2014. Therefore, much of the in-use fleet of SCR-equipped engines, vehicles, and equipment are now outside of the manufacturer's warranty period. The SCR failures that are frustrating owners 
                        <PRTPAGE P="43198"/>
                        and operators may reflect design defects that could be revealed in the warranty data, but also likely reflect harsh real-world conditions in which diesel engines operate for hundreds of thousands of miles. For example, wiring harness degradation due to age or corrosion in connectors after hundreds of thousands of miles can provide inaccurate readings that, as discussed above, can be interpreted by the engine's diagnostic system as a tampering event and result in an engine derate.
                        <SU>117</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>117</SU>
                             
                            <E T="03">See</E>
                             Memorandum to docket EPA-HQ-OAR-2019-0055-0967. “TSB Aftertreatment Faults.” Sept. 9, 2021.
                        </P>
                    </FTNT>
                    <P>One factor the EPA considered in the 2007 to 2010 timeframe, when manufacturers informed the Agency of their plans to introduce SCR technology for heavy-duty highway applications beginning in MY 2010, was the availability of DEF. At that time, DEF was not available at most diesel refueling stations or other retail outlets. That reality informed the EPA's early guidance documents regarding the use of DEF and inducements. As discussed in section V.A of this preamble, DEF availability is no longer a constraint to the operational feasibility of SCR technology in heavy-duty highway applications. DEF is widely available nationwide, including at fuel stations with dedicated dispensing pumps, meaning DEF can be refilled at the same time diesel is being pumped. Diesel vehicle owners and operators are now familiar with DEF and have over a decade of experience using it across the country.</P>
                    <P>Today, many engine manufacturers utilize compensation algorithms that adjust the amount of DEF injected to account for DEF that is not at the nominal 32.5 percent urea concentration, such that adding water to dilute DEF would only cause the engine to increase the amount of DEF injected to achieve the manufacturer's intended quantity of urea for controlling emissions. The EPA believes this discourages the potential for operators to purposefully dilute DEF as a potential means to reduce operating costs. The increased DEF consumption due to the compensation algorithms increases the risk that DEF tanks would be empty prior to the next refueling event, which would require operators to spend more time stopping to refill DEF. This could take away the convenience of refilling DEF at the pump with fuel refills. Adding water could also void an aftertreatment warranty claim and, even after the warranty period has expired, many operators would also not want to risk damaging the SCR system by intentionally using the wrong fluid.</P>
                    <P>
                        As a part of this reconsideration of inducements that reduce engine and vehicle performance, the EPA has considered other examples of vehicle operations that encourage an operator to take specific action. In particular, the EPA reviewed two recent studies on the success of visible and audible notifications used to prompt light-duty vehicle drivers to wear seatbelts.
                        <E T="51">118 119</E>
                        <FTREF/>
                         There are clearly differences in the use of seatbelts and the use of DEF. For example, the financial impact is different; the use of DEF increases the operating cost of a diesel-fueled vehicle while the use of a seatbelt is free. The risks are also different; not wearing a seatbelt can have severe repercussions for the operator, including serious injury or death, while currently not using DEF can result in a vehicle speed derate. The underlying principle of designing a system to motivate seatbelt usage is very relevant for the EPA when considering inducements. As NHTSA stated in a final rule in 2025, “[a]n optimized warning system balances effectiveness and annoyance, so that the warning is noticeable enough that the occupants will be motivated to fasten their belts, but not so intrusive that an occupant may attempt to circumvent or disable it or the public will not accept it.” 
                        <SU>120</SU>
                        <FTREF/>
                         The seatbelt studies noted previously stated that frequent audible warnings that last for 90 seconds or longer can significantly increase seatbelt use compliance. One of these studies also found that seatbelt speed-limiting interlocks (
                        <E T="03">e.g.,</E>
                         a 15-mph speed limit enacted when seatbelts were not fastened) were not more effective than frequent, long audible warnings; participants circumvented the speed-limiting interlock to drive unbelted more than with audible reminders.
                    </P>
                    <FTNT>
                        <P>
                            <SU>118</SU>
                             Kidd, D. G., and Singer, J. (2019). The effects of persistent audible seat belt reminders and a speed-limiting interlock on the seat belt use of drivers who do not always use a seat belt. 
                            <E T="03">Journal of Safety Research.</E>
                              
                            <E T="03">www.iihs.org/research-areas/bibliography/ref/2185.</E>
                        </P>
                        <P>
                            <SU>119</SU>
                             Kidd, D. G., and O'Malley, S. (2023). Increasing seat belt use in the United States by promoting and requiring more effective seat belt reminder systems. 
                            <E T="03">Traffic Injury Prevention, 24</E>
                            (sup1), S80-S87. 
                            <E T="03">https://doi.org/10.1080/15389588.2022.2134730.</E>
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>120</SU>
                             90 FR 396 (Jan. 3, 2025).
                        </P>
                    </FTNT>
                    <HD SOURCE="HD3">2. Proposed Inducement Requirements</HD>
                    <P>
                        The EPA is proposing to replace engine performance derates for SCR-related inducements with the alternative approach of having the engine's control system alert operators with visible and/or audible notifications of the need to address concerns with the emission control systems, such as to replenish DEF supply or warn of possible tampering. The proposed audible notification would be in addition to visible notifications already being used. The EPA expects these proposed revisions to the Agency's SCR inducement requirements for heavy-duty diesel engines would require software-based changes, which are considered indirect costs associated with research and development. See section 3.1.2 of the DRIA for this proposed rule for a discussion on indirect costs. The EPA requests comment on any costs or savings associated with these changes relative to the 2023 Final Rule (
                        <E T="03">i.e.,</E>
                         software development costs or savings associated with removing the 2023 Final Rule requirement to determine a vehicle's average speed and then assign a specific derate schedule based on that speed). (C-28).
                    </P>
                    <P>
                        Visible notifications for certain SCR-related maintenance issues were included in the EPA's early guidance on the use of DEF and are also used by the OBD system, which displays the MIL (
                        <E T="03">i.e.,</E>
                         the “check engine light”) to flag system faults. The 2023 Final Rule included requirements to display additional information on SCR system and DPF problems (
                        <E T="03">e.g.,</E>
                         erratic temperature sensor readings that prevent DPF regenerations from occurring which can result in a plugged DPF) that result in a derate. The regulations at 40 CFR 1036.110(c) currently specify basic elements of visible notifications and require EPA approval for detailed specifications. The EPA will work with industry to adopt standardized specifications for SCR-related notifications if additional changes are needed.
                    </P>
                    <P>The EPA is proposing a separate audible notification schedule for DEF level because, as discussed in section V.A of this preamble, industry has proven that refilling DEF is easy and DEF is readily available at retail stores and diesel refueling stations nationwide. Therefore, it should not require much time to find and refill DEF to resolve the audible notification.</P>
                    <P>
                        The EPA is proposing that a 90-second audible notification would be required at the frequency shown in Table V-1 below. The EPA is proposing a 90-second audible notification because studies have shown that a 90-second notification is effective in increasing seatbelt usage in passenger cars.
                        <FTREF/>
                        <SU>121</SU>
                          
                        <PRTPAGE P="43199"/>
                        There are important differences between passenger vehicle operators and heavy-duty truck operators that the EPA considered when developing the proposed schedule. For example, truck drivers have additional professional licensing and training requirements. As commercial vehicle operators, they are accustomed to paying close attention to warning lights in general because they rely on the vehicle operating as intended to support a business and one check engine light can indicate multiple problems. Additionally, line-haul trucks operate in a manner that routinely takes them far away from their home location, in many cases thousands of miles away, and freight movement generally pays by the mile. Other commercial operators, such as refrigerated food and beverage trucks or refuse trucks, may be particularly motivated to avoid breakdowns to remain on schedule.
                    </P>
                    <FTNT>
                        <P>
                            <SU>121</SU>
                             Kidd, D. G., and O'Malley, S. (2023). Increasing seat belt use in the United States by promoting and requiring more effective seat belt reminder systems. Traffic Injury Prevention, 
                            <PRTPAGE/>
                            24(sup1), S80-S87. 
                            <E T="03">https://doi.org/10.1080/15389588.2022.2134730.</E>
                        </P>
                    </FTNT>
                    <P>
                        The EPA also considered both how long operators are in their vehicles and how far apart refueling stations are when developing the proposed audible notification schedule. Operators of heavy-duty vehicles are bound by Hours-of-Service requirements published by the Department of Transportation.
                        <SU>122</SU>
                        <FTREF/>
                         The basic requirement is that drivers must take a 30-minute break when they have driven for a cumulative 8-hour period. It is not uncommon for drivers to spend 2-4 hours on the road between breaks. In addition, it is reasonable to estimate that the average distance between most refueling stations is 50 miles, or approximately one hour, although this depends on where a truck is operating.
                        <SU>123</SU>
                        <FTREF/>
                         For example, in or close to a city there are stations and retail stores that sell DEF within minutes of each other. On the other hand, there are remote areas where there may be a few hours between stops. The general expectation is that (1) drivers will refill DEF tanks when they refill diesel fuel and, with the 1:1 ratio of DEF to diesel fuel, running out of DEF should not occur between fuel stops, and (2) fuel stops are available on average one hour apart.
                    </P>
                    <FTNT>
                        <P>
                            <SU>122</SU>
                             Hours of Service information can be found here: 
                            <E T="03">https://www.fmcsa.dot.gov/regulations/hours-of-service.</E>
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>123</SU>
                             See 
                            <E T="03">https://www.mmcginvest.com/post/the-u-s-truck-stop-economy-an-ultimate-guide-to-full-service-travel-plazas.</E>
                        </P>
                    </FTNT>
                    <P>
                        For this reason, the EPA is proposing a different frequency for DEF level audible notification. This audible notification schedule attempts to balance effectiveness and annoyance by making it frequent enough to motivate an operator to refill DEF, but allowing adequate time between notifications to stop and refill to avoid a notification that is so intrusive that they may attempt to circumvent or disable, resulting in prolonged NO
                        <E T="52">X</E>
                         emissions above the standards.
                    </P>
                    <P>The EPA is proposing to retain the provision in 40 CFR 1036.111(b)(1) that the first inducement notification will start three hours prior to the tank becoming empty or when the tank is at 2.5 percent full. This three-hour warning for low DEF is something operators are used to and should provide more than sufficient time for stopping to refill DEF during a scheduled break in a manner that would avoid interrupting their trip. The EPA is requesting comment on whether this provision should be retained, modified, or not included in the revised inducement requirements. (C-29).</P>
                    <P>The EPA is proposing to retain the tampering inducement triggers described in 40 CFR 1036.111(b)(4) and to set a schedule for DEF quality and tampering signals that is slightly different than the schedule for DEF level. This is because it is expected that, due to the improvements the EPA made in the 2023 Final Rule to reduce the number and type of tampering triggers and to reduce the number of false inducements, these inducements would occur only if there was a problem not easily solvable by adding DEF. As discussed in section V.C.1 of this preamble, the EPA is concerned that these types of failures mostly occur because the engine's diagnostic system has difficulty detecting the difference between tampering and faulty components. These issues can be more difficult to resolve and may require specialized repair facilities and tools. As the EPA discussed in the proposal to the 2023 Final Rule, commenters noted that it can take three days to schedule an appointment with a repair facility. Therefore, for DEF quality- and tampering-related failures, the EPA is proposing a less frequent audible notification schedule than the proposed audible notification schedule for DEF level. The EPA is proposing that for DEF level, the first audible notification occurs three hours prior to the tank becoming empty, at the time the tank is empty, 30 and 60 minutes after becoming empty, with a final frequency of every hour until the condition is resolved. The EPA is proposing that for DEF quality and tampering, the first audible notification occurs at the time the condition is detected, 30 and 90 minutes after detection, with a final frequency of every three hours until the condition is resolved.</P>
                    <GPH SPAN="3" DEEP="127">
                        <GID>EP14JY26.014</GID>
                    </GPH>
                    <P>
                        The EPA is requesting comment on several aspects of the proposed requirements for audible notifications as shown in Table V-1. (C-30). The EPA requests comment on advantages and disadvantages to creating a separate audible notification schedule for DEF level. The EPA requests comment on the audible notification length, including whether it should last for more or less than 90 seconds each time. The EPA is requesting comment on the frequency of the notifications, including whether more or less frequent notifications would be appropriate for demonstrating 
                        <PRTPAGE P="43200"/>
                        that operators are reasonably likely to take appropriate action, including but not limited to whether the notification should be only at key-on or if there should be a certain number of notifications during a single trip. The EPA requests comment on whether audible notifications are helpful in addition to visible notifications, as a prompt for operators to refill DEF or take other action to maintain SCR systems. The EPA requests comment on whether visible notifications should be continuously illuminated, or whether a flashing indicator would be more effective. The EPA requests comment on whether visible and/or audible notifications are inadequate for providing a reasonable assurance that operators will provide a supply of quality DEF in tanks and not tamper with SCR systems. The EPA requests comment on whether the regulation should preserve a more modest schedule of performance derates than specified in the 2023 Final Rule to prompt operators to take action or derates similar to the schedules the Agency included in the August 2025 guidance. For example, the regulation could keep the derate schedule as adopted in 40 CFR 1036.111 for low-speed, medium-speed, and high-speed vehicles, but apply only one or two derate steps after detecting an inducement triggering condition to include more or different criteria in the list of inducement triggering conditions. Finally, the EPA requests comment on whether changes to notifications and derates should lead the Agency to include more or different criteria in the list of inducement triggering conditions.
                    </P>
                    <P>The proposed approach includes several amendments to the regulations that were adopted in the 2023 Final Rule. First, the EPA is proposing to remove 40 CFR 1036.111(a)(2), which specifies how a manufacturer must determine to what speed-category a vehicle belongs.</P>
                    <P>Second, the EPA is proposing to remove 40 CFR 1036.111(a)(3), which specifies the rate at which a vehicle speed derate is implemented.</P>
                    <P>Third, the EPA is proposing to remove 40 CFR 1036.111(d), which includes the derate schedule for vehicles.</P>
                    <P>Fourth, the EPA is proposing to modify 40 CFR 1036.110(c) requirements to remove all requirements related to displaying the inducement derate schedule.</P>
                    <P>Fifth, the EPA is proposing to amend 40 CFR 1036.111(e) to replace references to “derates” with “visible and/or audible notifications,” and to remove paragraph (e)(3) that requires restarting derates at the same point in the derate schedule for inducement triggering conditions that recur after less than 40 hours of engine operation. If the EPA retained paragraph (e)(3) for the audible notification schedule in Table V-1, a recurring inducement condition could trigger an audible notification at the final frequencies of one notification every 1-3 hours. By removing the recurring fault requirement, the proposed audible notifications would occur at the more frequent initial levels. The EPA is requesting comment on whether this provision should instead be retained or modified. (C-31).</P>
                    <P>Sixth, the EPA is proposing to modify 40 CFR 1036.125(h)(8) to adjust the requirements related to information in the owner's manual describing the inducement derate schedule to reflect the proposed visible and/or audible notifications.</P>
                    <P>
                        Seventh, the EPA acknowledges that manufacturers may choose to continue to apply derates to protect the engine or aftertreatment system from catastrophic damage, for example if low coolant is causing the engine to overheat, or if a lack of DEF could cause a DEF injector to overheat and fail.
                        <SU>124</SU>
                        <FTREF/>
                         The EPA is therefore proposing to clarify that manufacturers may continue to use engine derates to protect the engine or aftertreatment systems from catastrophic damage. The EPA is requesting comment on whether this proposal should be more or less restrictive. (C-32).
                    </P>
                    <FTNT>
                        <P>
                            <SU>124</SU>
                             Gribbins, K. (2020). “Beat the Heat: Daily Maintenance for Off-Highway Engines Dealing with Hot Weather and Work.” 
                            <E T="03">https://compactequip.com/engines/beat-the-heat-daily-maintenance-for-off-highway-diesel-engines-dealing-with-hot-weather-and-work.</E>
                        </P>
                    </FTNT>
                    <P>The EPA is proposing to require manufacturers to design their engines with visible and/or audible notifications to prompt operators to supply quality DEF in tanks instead of derating, as described in this proposal, no later than MY 2029. Under the proposal, manufacturers may also make this transition for new engines any time before MY 2029. The EPA recognizes that manufacturers have been working toward designing their heavy-duty diesel engines and vehicles with inducement requirements as adopted in the 2023 Final Rule. This proposal retains the general requirements specified in 40 CFR 1036.110 and 1036.111 for MYs 2027 and 2028. The EPA requests comment on the potential need to provide additional lead-time for implementing the proposed inducement changes, specifically if the Agency should, instead, require this change by MY 2030 or MY 2031. At the same time, the EPA is interested in accelerating the change to the long-term approach described in this proposal. Toward that end, the EPA requests comment on adjustments or simplifications to the inducement provisions adopted in the 2023 Final Rule that engine and vehicle manufacturers could apply before MY 2029, considering the need for sufficient time to implement such changes. (C-33).</P>
                    <HD SOURCE="HD2">D. Proposed Revisions To Improve SCR Reliability</HD>
                    <P>This section also includes proposals to modify existing OBD requirements aimed at improving the reliability of heavy-duty highway diesel engines and vehicles with SCR systems.</P>
                    <HD SOURCE="HD3">1. DEF Quality Detection Proposal</HD>
                    <P>It has been over a decade since the EPA has evaluated how best to consider adjustable parameters requirements as they apply to DEF quality, which can vary due to production or storage issues, degradation with age or environmental conditions, or dilution with water. In this section, the EPA proposes several amendments to improve how manufacturers can comply with emission standards by ensuring that operators are reasonably likely to use proper quality DEF. The purpose of these proposed changes is to design a program that will monitor for meaningful DEF quality issues and not create operator frustration with overly precise monitoring.</P>
                    <P>
                        As described in sections V.A and V.C.1 of this preamble, there was concern when SCR was first introduced into the market over a decade ago that DEF availability may be limited and some operators may use water instead of DEF. Today, quality DEF is widely available and operators have an established practice of purchasing DEF along with diesel fuel. While information on nationwide in-use tampering rates is difficult to find, the EPA expects there is very little intentional diluting of DEF.
                        <SU>125</SU>
                        <FTREF/>
                         In the unlikely event that an operator fills the DEF tank with water or mistakenly adds diesel fuel to the DEF tank, the engine's control system prompts operators to take action. As discussed in section V.C.1 of this preamble, users are generally aware that such actions can damage equipment and void warranty claims, and the EPA expects they would quickly address the problem by flushing the system and replacing DEF. Also, 
                        <PRTPAGE P="43201"/>
                        manufacturers have developed DEF dosing compensation algorithms that can increase or decrease the amount of DEF being dosed to address DEF variability. These compensation features cause DEF dilution to be a self-defeating strategy, as any dilution generally results in more volume of DEF being consumed and more time spent stopping to refill DEF tanks. DEF dilution has therefore become an unlikely scenario that does not cause the same weight of concern it once did. However, the EPA recognizes that in-use DEF might have varying concentration for reasons other than tampering, such as production variability or DEF degradation due to long-term storage, sun exposure, or storage temperature, which can occur after a DEF tank was filled with DEF with the nominal 32.5 percent urea concentration.
                        <SU>126</SU>
                        <FTREF/>
                         Manufacturers' compensation algorithms are designed to address DEF variability caused by production variability or storage conditions by increasing or decreasing the amount of DEF being dosed.
                    </P>
                    <FTNT>
                        <P>
                            <SU>125</SU>
                             U.S. Environmental Protection Agency. (2021). “Tampered Diesel Pickup Trucks: A Review of Aggregated Evidence from EPA Civil Enforcement Investigations.” 
                            <E T="03">https://www.epa.gov/enforcement/tampered-diesel-pickup-trucks-review-aggregated-evidence-epa-civil-enforcement.</E>
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>126</SU>
                             DEF exposed to temperatures above 86 °F can degrade, decreasing urea concentration. DEF stored in conditions below freezing can develop ice that dilutes the urea concentration.
                        </P>
                    </FTNT>
                    <P>
                        In preparation for submitting comments on the 2023 Final Rule, CARB performed a limited survey of 33 randomly selected California fleets to better understand their experience with inducements.
                        <SU>127</SU>
                        <FTREF/>
                         CARB commented that “In the survey, fleets that experienced derates were asked for the cause, and 37 percent were for failed NO
                        <E T="52">X</E>
                         sensors or DEF quality sensors. This was by far the most common cause of derate conditions.” The comment noted that no fleets reported derates due to bad DEF quality (
                        <E T="03">e.g.,</E>
                         urea concentration outside of a manufacturer's specification or diluted with water), which CARB suggested was consistent with industry efforts to assure the high-quality DEF supply chain and CARB staff's earlier surveys of DEF availability and driver usage.
                    </P>
                    <FTNT>
                        <P>
                            <SU>127</SU>
                             California Air Resources Board comments on the EPA's proposed rule. EPA-HQ-OAR-2019-0055-1186. 
                            <E T="03">https://www.regulations.gov/document/EPA-HQ-OAR-2019-0055-1186.</E>
                        </P>
                    </FTNT>
                    <P>
                        In the 2023 Final Rule, the EPA promulgated 40 CFR 1036.115(f)(3), which maintains that DEF supply and DEF quality are adjustable parameters, and specifies that the practically adjustable range includes any amount of DEF supply for which the engine's control system does not trigger an inducement under 40 CFR 1036.111. The EPA proposed, but did not finalize, in the 2023 Final Rule to further specify in regulatory text that the physically adjustable range would also include any quality of DEF for which the engine's diagnostic system does not trigger inducement. Instead, as stated in the 2023 Final Rule, for compliance with 40 CFR 1036.115(f)(3) with regard to DEF quality, manufacturers could continue to rely on the existing guidance in CISD-13-13 describing how manufacturers can demonstrate compliance with emission standards over the practically adjustable range for DEF quality.
                        <SU>128</SU>
                        <FTREF/>
                         In the 2023 Final Rule, the EPA intended to further consider the relationship between inducements and the practically adjustable range for DEF quality in the future.
                    </P>
                    <FTNT>
                        <P>
                            <SU>128</SU>
                             U.S. Environmental Protection Agency. (2014). CISD-14-10, “Certification of Nonroad Diesel Engines Equipped with SCR Emission Controls.” 
                            <E T="03">https://dis.epa.gov/otaqpub/display_file.jsp?docid=32298&amp;flag=1.</E>
                        </P>
                    </FTNT>
                    <P>In the EPA's guidance document CD-13-13, the Agency explained that DEF quality would generally be considered an adjustable parameter, and that “poor quality DEF” is any urea concentration at which the engine is unable to meet emission standards. This point can vary from manufacturer to manufacturer and from engine to engine. The guidance explained that the EPA considered the practically adjustable range for emission testing to be from nominal DEF with a 32.5 percent urea concentration down to the point at which the engine is unable to meet emission standards (the first point at which a manufacturer must start an inducement). This means that manufacturers must be able to precisely detect urea concentrations different than the nominal 32.5 percent, demonstrate that they can meet emission standards by compensating, or trigger an inducement for a DEF quality concern.</P>
                    <P>
                        In the 2023 Final Rule, some commenters raised concerns that the numerically lower NO
                        <E T="52">X</E>
                         standards for MY 2027 will cause the corresponding range of adjustment to be narrower. For example, the Truck and Engine Manufacturers Association (EMA) commented on the 2023 Final Rule, noting “. . . manufacturers have too little experience with the complex future emissions control systems required to meet the proposed very stringent standards to know if compliance can be assured at the urea concentration limits detectable by [DEF Quality Sensor] systems.” EMA added that they were concerned that the EPA did not perform testing to demonstrate the impacts of DEF quality with lower NO
                        <E T="52">X</E>
                         standards.
                        <SU>129</SU>
                        <FTREF/>
                         The EPA acknowledges that manufacturers using the guidance in CD-13-13 to certify to MYs 2027 and later NO
                        <E T="52">X</E>
                         standards would have a smaller margin to tolerate fluctuations in DEF outside of the nominal specification due to variations in urea concentration.
                    </P>
                    <FTNT>
                        <P>
                            <SU>129</SU>
                             Truck and Engine Manufacturers comments on the EPA's proposed rule. EPA-HQ-OAR-2019-0055-1203., p. 125. 
                            <E T="03">https://www.regulations.gov/document/EPA-HQ-OAR-2019-0055-1203.</E>
                        </P>
                    </FTNT>
                    <P>
                        While the EPA is proposing to remove inducements as noted in section V.C of this preamble, the Agency also wants to ensure the detection systems are not overly precise such that visible and/or audible notifications are improperly triggered for conditions outside of the operator's control. For example, the EPA has learned that DEF quality sensors can trigger false urea concentration faults after a simple DEF refill that creates bubbles in the fluid.
                        <SU>130</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>130</SU>
                             See 
                            <E T="03">https://www.fama.org/wp-content/uploads/2021/12/TC081-FAMA-DEF-Sensor-Guidance-211227-2.pdf.</E>
                        </P>
                    </FTNT>
                    <P>
                        The EPA is proposing the following amendments to maintain the integrity of DEF quality notifications by ensuring they are only triggered for meaningful DEF quality problems. First, the EPA is proposing to amend 40 CFR 1036.115(i) by adding a requirement for manufacturers to design their engines to include compensation algorithms that adjust DEF flow to maintain emission control by compensating for DEF with a reduced urea concentration. This is intended to reflect current practice. Compensation algorithms would need to adjust DEF flow to maintain a level of emission control that is comparable to operation with DEF at the nominal 32.5 percent urea concentration. Compensation would be required up to the hardware limits. For example, given the design of a DEF injector, it will have a maximum amount of DEF flow that limits the amount of compensation that is possible. As a point of reference, the EPA has adopted a similar approach of requiring compensation for nonroad spark-ignition engines using noncommercial fuels, such as those that operate on field gas from landfills or oil wells.
                        <SU>131</SU>
                        <FTREF/>
                         The EPA is also proposing to amend 40 CFR 1036.205(b)(12) to require manufacturers to describe their design for compensation algorithms related to DEF quality in the application for certification. The EPA is requesting comment on the feasibility of DEF dosing continuing after a DEF quality notification is enacted (
                        <E T="03">e.g.,</E>
                         if the urea concentration is less than 20 percent). (C-34). For example, DEF with a low concentration of urea may still provide NO
                        <E T="52">X</E>
                         emission reductions, but there may be a concern for protecting the SCR system from damage if urea concentration is at or near zero as a 
                        <PRTPAGE P="43202"/>
                        result of a fluid other than DEF being added to the DEF tank.
                    </P>
                    <FTNT>
                        <P>
                            <SU>131</SU>
                             
                            <E T="03">See</E>
                             40 CFR 1048.625.
                        </P>
                    </FTNT>
                    <P>
                        Second, in 40 CFR 1036.111(b), the EPA is proposing to specify that systems must detect if urea concentration falls below a specified value of 20 percent by weight.
                        <SU>132</SU>
                        <FTREF/>
                         The EPA is proposing to allow manufacturers to measure DEF quality either directly with a UQS or indirectly with NO
                        <E T="52">X</E>
                         sensors or other measurement of a surrogate value. The EPA is proposing that this less precise detection of DEF quality is appropriate because manufacturers are generally able to apply compensation algorithms to account for varying DEF quality above 20 percent. Resetting the threshold value for triggering a fault condition based on DEF quality shifts the purpose of the fault detection from the original approach of ensuring control relative to DEF quality as an adjustable parameter to instead ensuring that tampering has not occurred. The EPA is requesting comment on the proposed threshold of 20 percent as the urea concentration at which manufacturers would start to notify operators. (C-35).
                    </P>
                    <FTNT>
                        <P>
                            <SU>132</SU>
                             Engine manufacturers predominantly recommend use of DEF meeting the industry-recognized ISO 22241-1:2019 quality standard. This standard by the International Organization for Standardization defines DEF as a water-based solution with a 32.5 percent urea concentration. Available here: 
                            <E T="03">https://www.iso.org/standard/66408.html.</E>
                        </P>
                    </FTNT>
                    <P>Third, the EPA would not expect DEF quality to vary appreciably between DEF refills. The EPA is therefore further proposing that DEF quality detection may be limited to each time a refill event occurs to further reduce inaccurate detection of DEF quality. The EPA is aware that engines might not detect cases in which DEF quality has degraded after sitting in the tank for several weeks if a truck is out of service. The EPA is requesting comment on whether an additional DEF quality check should occur after a specified number of days to address concerns with DEF quality degradation during extended time out of service. (C-36).</P>
                    <P>
                        Fourth, measurement methods and operating characteristics can substantially affect the time needed to determine urea concentration. For example, extended high-load operation after a DEF refill would allow the engine to stabilize DEF flow and NO
                        <E T="52">X</E>
                         emissions to quickly enable the evaluation of urea concentration. In contrast, engines may need more time to achieve the right conditions for evaluating urea concentration if there is extended idle. Requiring an assessment of DEF quality within a certain time would introduce the risk of forcing a premature judgment, which would increase the number of instances of incorrectly warning operators that DEF quality is poor. The EPA is therefore proposing to require that manufacturers use good engineering judgment to assess DEF quality promptly after a DEF refill event. The EPA is requesting comment on whether there are other modifications needed to enable this proposal, such as to allow temporary disablement of DEF compensation strategies to give NO
                        <E T="52">X</E>
                         sensors an opportunity to measure DEF quality without the confounding effect of compensation. (C-37).
                    </P>
                    <P>Fifth, the EPA is proposing changes related to testing. Specifically, the EPA is proposing to amend 40 CFR 1036.501(b) to establish a default expectation that laboratory testing (including OBD certification testing) will involve DEF meeting nominal specifications (32.5 ± 0.7 percent urea). This approach is consistent with measuring emissions using a test fuel that meets a standard specification. The EPA is proposing to address varying DEF quality by requiring compensation algorithms that adjust DEF flow and inducement notifications for very low urea concentrations, rather than by requiring manufacturers to demonstrate compliance with emission standards over a range of urea concentrations. Note that this approach for testing is also consistent with testing specifications that are already established in 40 CFR 1065.735.</P>
                    <P>Sixth, the EPA is proposing to amend 40 CFR 1036.415(c) to perform testing with the as-received DEF, with the allowance to add fresh DEF as needed for completing the test run. Also, regardless of the as-received DEF urea concentration, the vehicle must be tested in as-received condition under the proposed amendment. Low-quality DEF would not be a basis for invalidating a test. Manufacturers therefore would determine the number of engines to test and would determine the pass-fail result for the engine family based on test results including any measurements with low-quality DEF. Manufacturers may flush the DEF tank, refill with on-spec DEF and retest if the first test fails. Results of any repeat testing with fresh DEF would not replace the results from testing in the as-received condition, but the EPA would consider the results of repeat testing in deciding whether or how to pursue a compliance action.</P>
                    <P>
                        A remaining question is whether the EPA should continue to treat DEF quality as an adjustable parameter under 40 CFR 1036.115(f)(3). Guidance documents have historically treated DEF quality as an adjustable parameter based on the possibility of operators diluting DEF with water. That consideration leads to the obligation for manufacturers to comply with standards across the adjustable range. With engines designed to derate performance based on poor quality DEF, the urea concentration value used to initiate a derate for DEF quality is also used to establish the practically adjustable range for demonstrating compliance with standards. Implementing this requirement has resulted in the issues raised in this section with DEF quality inducements being a major source of frustration with operators. More recently, the EPA issued revised guidance to alleviate some of the problems resulting from the precise monitoring of DEF quality in-use (
                        <E T="03">see</E>
                         section V.B.4).
                        <SU>133</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>133</SU>
                             U.S. Environmental Protection Agency. (2026). “DEF Quality Monitoring Using Alternate Sensor Technologies,” Guidance Document: IACD-2026-05 (LDV, HDE, NRCI). 
                            <E T="03">www.epa.gov/system/files/documents/2026-03/iacd-2026-05-def-guidance-ltr-2026-0326.pdf.</E>
                        </P>
                    </FTNT>
                    <P>
                        This proposal notes several relevant changes with respect to treating DEF quality as an adjustable parameter. As described earlier in this section, the EPA has a general expectation that operators will fill DEF tanks with commercially available DEF, which should always be very close to 32.5 percent urea concentration. Further, the EPA's proposal to name below 20 percent urea concentration as the point for triggering visible and/or audible notifications is intended to reduce the precision needed to monitor DEF quality to address concerns about accurately and consistently identifying poor DEF quality. The more stringent NO
                        <E T="52">X</E>
                         standard starting in MY 2027 further increases the technical challenge of ensuring engines can be designed to tolerate reasonable fluctuations in DEF quality such that operators are alerted to actual DEF quality problems. The EPA's proposal in this section addresses these concerns by specifying how DEF quality should be treated for varying urea concentrations. This section also describes the EPA's proposal to require manufacturers to design their engines with compensation algorithms to achieve a comparable level of control rather than keeping the open-ended requirement to meet standards at all urea concentrations down to the onset of the inducement triggering condition (20 percent urea). The combination of proposed provisions is intended to address concerns about controlling emissions across a wider range for DEF quality. These proposed provisions would have the effect of shifting the 
                        <PRTPAGE P="43203"/>
                        focus of compliance away from demonstrating at certification that engines comply with standards across the adjustable range. For these reasons, the EPA is requesting comment on whether DEF quality should remain an adjustable parameter. (C-38).
                    </P>
                    <P>In summary, high-quality DEF is widely available and operators have little incentive to dilute DEF. The changes the EPA is proposing related to DEF quality are intended to account for the fact that current engine designs can generally compensate for real-world fluctuations in DEF quality. The proposed revisions are intended to properly focus on requiring that an engine's control system monitors for, and alerts operators to, significant DEF quality issues while limiting overly precise detection requirements that could lead to frequent or improper notifications. Any actions the EPA can take to reduce downtime would improve owner experiences operating and maintaining heavy-duty engines and reduce the likelihood of occurrences of tampering, which helps ensure in-use emission reductions. Due to widespread DEF availability and familiarity with operators, the EPA acknowledges that operators will readily find and continue to use high-quality DEF.</P>
                    <HD SOURCE="HD3">2. DEF Freeze Protection Proposal</HD>
                    <P>
                        In 2009 guidance, CISD-09-04 Revised, the EPA discussed concern that in cold weather DEF may freeze and not immediately flow to the SCR system, which could reduce expected emission benefits.
                        <SU>134</SU>
                        <FTREF/>
                         This guidance stated that if DEF did not flow during such conditions, this would fall under the EPA's Auxiliary Emission Control Device (AECD) requirements (
                        <E T="03">see</E>
                         40 CFR 86.082-2). To meet the EPA's AECD requirements, manufacturers must show they are not incorporating strategies that reduce emission control effectiveness compared to strategies used during applicable Federal testing procedures. The guidance added that the EPA can examine an engine's SCR control system during certification to ensure proper dosing will occur during extreme cold ambient temperature conditions. This guidance stated that the EPA expected manufacturers to either use a reducing agent (
                        <E T="03">e.g.,</E>
                         a form of DEF) that would not freeze or design the SCR system to prevent freezing through the use of heated components. The EPA included a test procedure in this guidance that manufacturers could use to demonstrate adequate DEF freeze protection. The procedure includes an expectation that DEF would thaw and the SCR system should be fully functional within 70 minutes of engine starting. There are multiple reasons that cold weather can lead to an inducement on existing engines, such as failure of DEF heating components, false faults associated with DEF heating components, and DEF that has not fully thawed that is incorrectly judged by the UQS as being poor quality DEF. The EPA has heard from operators and concerned citizens, specifically in Alaska, that their extreme cold weather makes it difficult to avoid freezing DEF, and their frequently remote operation increases the risk of serious problems if trucks are derated.
                        <SU>135</SU>
                        <FTREF/>
                         Recently, the Senate Environment and Public Works Committee held a hearing to examine S. 3135, the 
                        <E T="03">Cold Weather Diesel Reliability Act</E>
                        , legislation introduced by Senators Dan Sullivan and Cynthia Lummis.
                        <SU>136</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>134</SU>
                             U.S. Environmental Protection Agency. (2009). CISD-09-04 Revised, “Revised Guidance for Certification of Heavy-Duty Diesel Engines Using Selective Catalyst Reduction (SCR) Technologies.” 
                            <E T="03">https://dis.epa.gov/otaqpub/display_file.jsp?docid=20532&amp;flag=1.</E>
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>135</SU>
                             
                            <E T="03">See</E>
                             docketed “Email exchange with Nolan Willis”, including a Petition for Conditional Delay and Alaska Exemption in 2027 Heavy-Duty Low-NO
                            <E T="52">X</E>
                             Rule Reconsideration. Feb. 22, 2026.
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>136</SU>
                             U.S. Senate Environment and Public Works Committee. “EPW Committee Holds Hearing On Sullivan's Cold Weather Diesel Reliability Act.” Transcripts available here: 
                            <E T="03">www.sullivan.senate.gov/imo/media/doc/ryan_anderson_testimony_03112026.pdf.</E>
                        </P>
                    </FTNT>
                    <P>The EPA did not modify or codify freeze protection test requirements in the 2023 Final Rule. The EPA is proposing to amend 40 CFR 1036.115(i) to require manufacturers to include features that provide freeze protection. That proposed codification would include reference to a proposed procedure in 40 CFR 1036.560 for demonstrating compliance for certification, consistent with the procedure established in guidance. The EPA recognizes that SCR systems may not dose properly in certain extreme cold ambient temperature conditions. The EPA is requesting comment on whether there are changes that may improve the freeze protection test procedure, such as more or less time in soak or to thaw DEF, more or less time spent at idle, time at engine load, and percent engine load, or if there is an alternative procedure that would be more effective. (C-39).</P>
                    <P>
                        The EPA is also proposing to amend 40 CFR 1036.111 to allow manufacturers to temporarily disable the audible notifications proposed in section V.C of this preamble when the ambient temperature is below 12 °F (the freezing point of DEF). Under this proposed allowance, manufacturers would be expected to restore the audible notifications after ambient temperatures rise to a level that allows reliable system monitoring. The EPA is proposing to require restarting audible notifications for inducement triggering conditions when ambient temperatures rise to 32 °F for a given trip to provide sufficient time for the system to stabilize. The EPA is proposing that audible notifications would restart for the next key-on event if ambient temperatures were above 12 °F. The EPA requests comment on this approach and other approaches the Agency should consider to address SCR reliability in cold weather conditions, including but not limited to application-based or geographic-based exemptions or different ambient temperature thresholds.
                        <SU>137</SU>
                        <FTREF/>
                         (C-40).
                    </P>
                    <FTNT>
                        <P>
                            <SU>137</SU>
                             
                            <E T="03">See</E>
                             40 CFR 85.1716 and 1039.670, which allow approval of an emergency vehicle field modification to prevent engines with aftertreatment from experiencing power loss when emission controls are not working properly. 
                            <E T="03">See also</E>
                             40 CFR 1036.655 and 1039.655, which describe how diesel-fueled engines sold in American Samoa or the Commonwealth of the Northern Mariana Islands are subject to less stringent standards based on unreliable access to ultra-low-sulfur diesel fuel. Less stringent standards for engines used in Alaska would presumably be based on engine reliability in Arctic conditions instead of or in addition to fuel constraints, but could otherwise be implemented in the same way as the existing alternative standards for these remote island territories.
                        </P>
                    </FTNT>
                    <P>Also, the EPA is aware that some manufacturers may use DEF for component protection external to the SCR system. Operating the engine with frozen DEF may therefore cause problems of which operators should be aware, aside from the usual concern about supplying DEF for catalyst performance. The EPA requests comment on whether there is a need to continue to require audible notifications to the operator to ensure that they refill DEF or address other issues that may prevent DEF from reaching those components in very cold weather. (C-41). The EPA is aware that during very cold temperatures the engine's diagnostic system can set false codes if DEF is unable to be thawed and injected, and is proposing these changes such that operators can maintain confidence in the engine's diagnostic system, to ensure the SCR system is not damaged, and to reduce the possibility of tampering.</P>
                    <HD SOURCE="HD3">3. Proposed Changes to SCR-Based OBD Requirements</HD>
                    <P>
                        The EPA has heard from truck and engine manufacturers that there are changes that can be made to existing OBD requirements that can help eliminate false faults causing inducement and downtime that lead to 
                        <PRTPAGE P="43204"/>
                        operator frustration. The EPA is proposing several OBD amendments intended to improve SCR reliability. These proposed OBD changes are important to maintain the integrity of the diagnostic system and the MIL to ensure that operators are properly alerted to the need for critical emission-related maintenance.
                    </P>
                    <P>
                        The first proposed amendment is to modify the in-use performance monitoring ratio (IUMPR) requirements. The IUMPR is a ratio where the numerator represents the number of times a monitor ran successfully and the denominator represents the number of times a defined trip has occurred. An IUMPR of 0.100 means a monitor must run on average successfully one time out of 10 such trips. For heavy-duty diesel engines, a trip is defined as an engine being started and operated for at least 600 seconds where the engine is operated above 1150 rpm for at least 300 seconds and idled for at least 30 seconds.
                        <SU>138</SU>
                        <FTREF/>
                         The denominator of the IUMPR for heavy-duty engines is incremented (increased by one) for each trip, which could happen multiple times if a vehicle makes a series of short trips where, for example, the engine is started, idled for 30 seconds, driven for 10 minutes, and then shutoff. If certain diagnostics or monitors cannot run successfully during short trips, the numerator may not be incremented, and therefore the IUMPR ratio would not be met. Long trips do not necessarily offset problems meeting the IUMPR because numerators are not incremented more than one time per trip and the UL for a heavy-duty diesel defined trip is four hours with no key-off event. For example, to meet an IUMPR of 0.100 on average, a vehicle would need to take one long trip for every nine short trips where a monitor was not able to run successfully.
                    </P>
                    <FTNT>
                        <P>
                            <SU>138</SU>
                             
                            <E T="03">See</E>
                             Additional regulatory constraints include operation must be at an elevation of less than 8,000 feet above sea level and at an ambient temperature of greater than or equal to 20 degrees Fahrenheit (−6.7 °C). 13 CCR 1971.1 (d)(4.3.2)(B).
                        </P>
                    </FTNT>
                    <P>The 2019 version of CARB OBD that the EPA incorporated by reference in the 2023 Final Rule included an increase in the IUMPR from 0.100 to 0.300. This means that certain diagnostics must run successfully approximately three out of every ten trips. For vehicles making a series of short trips where a monitor cannot run successfully, one long trip could be needed for every two short trips to meet the 0.300 IUMPR. The real-world usage of commercial operators will not always be able to meet the revised IUMPR, and without sufficient time to run diagnostics there will be a risk of false faults occurring that frustrate operators.</P>
                    <P>
                        For vehicles taking very short trips, an IUMPR of 0.300 can mean on average a monitor must run successfully three times in less than an hour. During the development of CARB's 2019 OBD rule, CARB staff believed that an IUMPR of 0.300 was technically feasible based on manufacturers' data because CARB found that most monitors were able to naturally run more frequently and meet a 0.300 ratio at that time.
                        <SU>139</SU>
                        <FTREF/>
                         In CARB's analysis for this change, CARB said that manufacturers would have to make little or no calibration change to meet a 0.300 IUMPR. CARB added that typically only a single diagnostic needed recalibration to meet a 0.300 IUMPR. However, CARB also noted that some monitors would have difficulties in meeting the proposed ratio (
                        <E T="03">e.g.,</E>
                         nonmethane hydrocarbon (NMHC) catalyst monitors) and included modified requirements to enable these monitors to meet a 0.300 IUMPR.
                    </P>
                    <FTNT>
                        <P>
                            <SU>139</SU>
                             California Air Resources Board. (2018). Public hearing to consider proposed revisions to on-board diagnostic system requirements, including the introduction of real emissions assessment logging (real), for heavy-duty engines, passenger cars, light-duty trucks, and medium-duty vehicles and engines: Final Statement of Reasons for Rulemaking, Including Summary of Comments and Agency Response. 
                            <E T="03">https://ww2.arb.ca.gov/sites/default/files/barcu/regact/2018/hdobd18/fsor.pdf.</E>
                        </P>
                    </FTNT>
                    <P>Since the EPA adopted updated CARB 2019 OBD requirements in 2023, the Agency has become concerned with the impacts on SCR reliability due to the increase of the IUMPR. As a result of monitors needing to run three times as often, manufacturers may not be able to wait for conditions to be satisfactory and may need to trigger a fault condition even if it is based on insufficient information, increasing the risk of false failures that may have been preventable with additional monitoring time. For example, there may not be sufficient time for the DEF level to drop enough in a DEF tank for the system to reliably recognize and characterize the change before making a pass/fail decision on the proper functioning of the DEF level sensor. In this example, the system could mistakenly interpret a lack of change in DEF level to conclude that the DEF level sensor is not working properly, which would trigger a fault condition and possibly an inducement. This can create frustration for operators due to the increased potential for false fault codes, which may add to some operators' impressions that SCR systems are unreliable and risks operators losing confidence that the MIL is an accurate indicator of serious problems that warrant attention. The emissions benefit of this increased frequency of monitoring is also unclear, as there are operational constraints that limit how quickly an operator can pull over and respond to a dashboard indication of an OBD fault condition. The EPA is therefore proposing to restore the 0.100 IUMPR requirement for all monitors, which is consistent with the Agency's heavy-duty OBD requirements that have been in place since 2009.</P>
                    <P>
                        Having an appropriate IUMPR value is even more important due to the lower NO
                        <E T="52">X</E>
                         standards effective in MY 2027, which may require new emission control strategies and technologies (
                        <E T="03">e.g.,</E>
                         dual SCR or e-heaters). Achieving an IUMPR of 0.300 may be possible for some monitors, but will likely necessitate additional provisions to account for cases in which it is not achievable when the new standards go into effect. The proposal to restore the IUMPR requirement to 0.100 may result in engines that over-comply in some cases (
                        <E T="03">i.e.,</E>
                         many monitors will continue to naturally run more frequently), but would also provide more stability for OBD system design as manufacturers deploy a mix of technologies and diagnostic strategies to meet the more stringent NO
                        <E T="52">X</E>
                         standards.
                    </P>
                    <P>
                        The second proposed change in 40 CFR 1036.110(b) is to no longer apply comprehensive component monitoring (CCM) requirements to components or systems that provide input to inducement strategies. CCM requires monitoring of electronic powertrain components or systems not otherwise monitored for malfunction that either directly or indirectly provide input to or receive commands from an on-board computer or smart device that may affect emissions during any reasonable in-use driving condition. These requirements add significant burden for manufacturers to develop 
                        <SU>140</SU>
                        <FTREF/>
                         and test for failure modes that are unlikely to improve in-use compliance but serve instead to increase operators' impressions that SCR systems are unreliable. An example of how this requirement may affect SCR reliability is by requiring rationality monitoring of the DEF level sensor. Rationality monitoring is a requirement to attempt to verify the accuracy of a signal while it is in the range of normal operation and when it is compared to all other available information, 
                        <E T="03">i.e.,</E>
                         a check to see that the value makes sense given current operating conditions. CCM can require manufacturers to develop another monitor using a software algorithm to do rationality checks on the DEF level sensor. This is usually in addition to diagnostics that monitor the DEF level 
                        <PRTPAGE P="43205"/>
                        sensor voltage reading for other abnormal readings which can indicate wiring harness problems or a faulty sensor. As an example, this means that even if a DEF tank is full, an operator could experience a fault code and possibly an inducement if the rationality algorithm incorrectly determines that the DEF level sensor is faulty. The EPA has already established inducement triggering conditions in 40 CFR 1036.111. This redundancy only increases system complexity and the risk of error. This proposal aims to further reduce the potential for increased risk of false fault conditions. If the EPA finalizes the proposal to replace inducements with visible and/or audible notifications, this proposed change to CCM requirements will remain important for maintaining the integrity of the diagnostic system and notifying operators of serious issues. This proposal does not eliminate monitoring for inducement-related components as described in section V.C.2; these components would continue to be used to trigger visible and/or audible notifications. The EPA is also requesting comment on whether 40 CFR 1036.110 should be modified to acknowledge that, where OBD requirements in the 2019 version of CARB's OBD with which the EPA harmonized depend on inducements, engines meeting 40 CFR 1036.111 would be considered to meet any inducement-related requirements included in the Agency's OBD program. (C-42).
                    </P>
                    <FTNT>
                        <P>
                            <SU>140</SU>
                             
                            <E T="03">See</E>
                             13 CCR 1971.1 (g)(3).
                        </P>
                    </FTNT>
                    <P>
                        The third proposed SCR-related change is to allow an increase in the required time before the denominator must be incremented for multiple catalyst aftertreatment architectures. The EPA recognizes that there is a need to remove OBD barriers to certifying emission-control systems with more than one catalyst. The EPA is proposing the same amendment proposed by CARB in their November 2025 Omnibus Amendment rule, which allows the denominator for systems with more than one catalyst to be incremented using the criteria for emission controls that experience infrequent regeneration events, in 13 CCR 1971.1(d)(4.3.2)(G).
                        <SU>141</SU>
                        <FTREF/>
                         Ensuring that robust diagnostic decisions are made can reduce the likelihood of false fault conditions.
                    </P>
                    <FTNT>
                        <P>
                            <SU>141</SU>
                             California Air Resources Board. (2025). Appendix A-1, Proposed Amendments to Title 13 Regulation Order.
                        </P>
                    </FTNT>
                    <P>
                        The fourth proposed change is to provide relief to prevent potential problems with readiness status of an OBD system that can occur if a manufacturer chooses to use a newer OBD communication protocol. Readiness is when an OBD system has stored enough information that the system can indicate it is ready for a compliance test (
                        <E T="03">e.g.,</E>
                         a test to meet inspection and maintenance requirements). The 2023 Final Rule allowed manufacturers to choose whether they want to use the new OBD J1979-2 communication protocol. However, to use this communication protocol, manufacturers will need relief from readiness requirements that were included in the 2019 version of CARB OBD that the EPA adopted. This 2019 OBD program included a reorganization of how monitors were grouped to establish readiness and can create readiness errors resulting in vehicles being unable to pass inspection tests. The EPA is proposing to adopt amendments that were included in CARB's 2022 OBD update to address these issues.
                    </P>
                    <P>Fifth, the EPA is requesting comment on the need to clarify the language in 40 CFR 1036.110(b) that states “We may approve your request to certify an OBD system meeting alternative specifications if you submit information as needed to demonstrate that it meets the intent of this section. For example, we may approve your request for a system that meets a later version of CARB's OBD requirements if you demonstrate that it meets the intent of this section.” While this example identifies later versions of CARB OBD requirements, the EPA did not intend for this to preclude earlier versions of CARB OBD requirements as allowable alternatives. The EPA also intended the term “alternative specifications” to mean, for example, parts of 13 CCR 1971.1 that differed from the version the Agency adopted in the 2023 Final Rule. The example provided in the regulatory section did not intend for this to preclude selectively applying provisions from different versions of CARB OBD requirements. (C-43).</P>
                    <P>
                        Finally, in CARB's 2022 OBD update, industry expressed concern that it is not technically feasible for the second and third NO
                        <E T="52">X</E>
                         sensors to fully meet the monitoring requirements, and that systems may not be able to detect a sensor fault that prevents the SCR monitor from detecting when one of the catalysts may be losing effectiveness.
                        <SU>142</SU>
                        <FTREF/>
                         In CARB's response to comments document, CARB stated that the requirements for NO
                        <E T="52">X</E>
                         sensor monitoring only apply “to the extent feasible,” therefore CARB did not see a need to provide specific relief and did not provide any specific amendments to address this concern. However, the EPA is concerned that, absent clear requirements for systems with multiple catalysts, the existing requirements will result in false pass and false fail monitoring decisions. The EPA is therefore requesting comment on realistic expectations for monitoring systems with multiple SCR catalysts and NO
                        <E T="52">X</E>
                         sensors and whether requirements need to be modified to accommodate this new technology without driving false fault codes and burdensome testing with little benefit to operators or the environment. (C-44).
                    </P>
                    <FTNT>
                        <P>
                            <SU>142</SU>
                             NO
                            <E T="52">X</E>
                             sensor monitoring requirements can be found in 13 CCR 1971.1(e)(9.2.2)(D).
                        </P>
                    </FTNT>
                    <HD SOURCE="HD2">E. Applying Proposed SCR Inducement Changes to Light-Duty Vehicles, Medium-Duty Vehicles, and Nonroad Engines</HD>
                    <P>
                        Many aspects of the background and guidance described in this section for highway heavy-duty engines apply equally to diesel-fueled light-duty and medium-duty vehicles certified under 40 CFR part 86, subpart S, and for nonroad compression-ignition engines certified under 40 CFR part 1039. For that reason, the owners and operators of these SCR-equipped vehicles and equipment may also experience the in-use frustrations with falsely triggered inducements and the impacts on performance that the EPA has heard from highway heavy-duty vehicle owners and operators. In particular, the EPA has heard from many owners and operators of nonroad diesel equipment frustrated with DEF inducements. For this reason, the EPA is also proposing regulatory changes for new SCR-equipped light-duty and medium-duty vehicles and for new SCR-equipped nonroad land-based diesel engines, as described in this section. The EPA expects these proposed revisions to the Agency's SCR inducement requirements for such vehicles and certain nonroad equipment with diesel engines would only require software-based changes, which are considered indirect costs associated with research and development. 
                        <E T="03">See</E>
                         section 3.1.2 of the DRIA for this proposed rule for a discussion on indirect costs. The EPA requests comment on any costs or savings associated with these changes to light-duty, medium-duty, and certain nonroad engines and equipment (
                        <E T="03">i.e.,</E>
                         development costs to harmonize inducement requirements across vehicle classes). (C-45). The EPA is also considering issuing new guidance related to the SCR-equipped vehicles, engines, and equipment that have already been certified by the EPA and are operating in the field, as described in this section.
                        <PRTPAGE P="43206"/>
                    </P>
                    <HD SOURCE="HD3">1. Certification Provisions for New Light-Duty and Medium-Duty Vehicles</HD>
                    <P>
                        Most of the light-duty and medium-duty vehicles with SCR sold today are diesel-fueled pickup trucks and vans. These vehicles have been designed with inducement features very similar to the derating inducements for heavy-duty engines and may be unable to restart after engine shutdown based on a detected fault condition.
                        <SU>143</SU>
                        <FTREF/>
                         The updated inducement provisions from the 2023 Final Rule were not applied to MYs 2027 and later light-duty and medium-duty vehicles, so those vehicles remain subject to guidance recommendations. Until recently, the guidance that applied to these vehicles recommended that manufacturers derate speeds to 5 mph after detecting problems with DEF supply or after detecting tampering. These vehicles are subject to the revised guidance released in August of 2025, as described in section V.B.2 of this preamble.
                    </P>
                    <FTNT>
                        <P>
                            <SU>143</SU>
                             U.S. Environmental Protection Agency. (2007). “Certification Procedure for Light-Duty and Heavy-Duty Diesel Vehicles and Heavy-Duty Diesel Engines Using Selective Catalyst Reduction (SCR) Technologies,” Guidance Document: CISD-07-07. 
                            <E T="03">https://dis.epa.gov/otaqpub/display_file.jsp?docid=16677&amp;flag=1.</E>
                        </P>
                    </FTNT>
                    <P>Light-duty vehicles are mostly personal vehicles; medium-duty vehicles are often used in a commercial capacity. The operating characteristics of light-duty and medium-duty vehicles are different than heavy-duty vehicles in some ways, but the dynamic of depending on the vehicle's diagnostic system to make an accurate assessment of the lack of quality DEF or tampering and providing reasonable assurance that the operator will supply quality DEF are similar to heavy-duty vehicles. Some engines installed in medium-duty vehicles are certified to heavy-duty engine requirements under 40 CFR part 1036 and will be able to certify to the inducement provisions in 40 CFR 1036.111. However, others that are nearly identical and perform similar functions are certified differently and do not have analogous requirements under 40 CFR part 86. This different application of requirements to similar vehicles can lead to confusion for operators, especially if these vehicles are used for commercial purposes.</P>
                    <P>The list of inducement triggering conditions for heavy-duty engines under 40 CFR 1036.111 is an example of what should apply equally for light-duty and medium-duty vehicles. Limiting inducement triggering to DEF supply, DEF quality, and certain types of fault conditions associated with tampering is appropriate for light-duty and medium-duty vehicles because they have the same technology and the same need to ensure that operators perform scheduled maintenance with no tampering of SCR-related hardware.</P>
                    <P>The EPA is therefore proposing to extend the proposed SCR-related changes described for new highway heavy-duty engines earlier in this section V to apply equally to light-duty and medium-duty vehicles starting no later than MY 2029. The EPA adopted many of these foundational elements in the 2023 Final Rule, including the specific inducement triggering conditions and provisions allowing for owners to reset systems without dealer involvement after correcting the problem. In addition to those provisions from the 2023 Final Rule, the EPA is proposing to rely on visible and/or audible notifications for all sizes and types of motor vehicles. The proposed requirements for light-duty and medium-duty vehicles would include the following main features, most of which are referenced in 40 CFR 86.1810-17(l):</P>
                    <P>• Specifying a schedule of visible and/or audible notifications, instead of vehicle speed derates, to provide reasonable assurance that operators take steps to provide a supply of quality DEF in tanks (codified in 40 CFR 1036.111(c), with proposed amendments).</P>
                    <P>• Specifying limited criteria that qualify as inducement triggering conditions (codified in 40 CFR 1036.111(b), with proposed amendments).</P>
                    <P>• Codifying specifications related to the volume of DEF tanks (codified in 40 CFR 1036.115(i)).</P>
                    <P>• Requiring compensation algorithms to account for varying DEF quality (proposed in 40 CFR 1036.115(i)).</P>
                    <P>• Codifying protection from DEF freezing (proposed in 40 CFR 1036.115(i)).</P>
                    <P>• Describing design specifications for visible and/or audible notifications and for compensation algorithms in the application for certification (proposed in 40 CFR 86.1844-01(d)).</P>
                    <P>The EPA is requesting comment on all aspects of this proposal to codify provisions for ensuring proper maintenance of SCR systems used with diesel-fueled light-duty and medium-duty vehicles regulated under 40 CFR part 86, subpart S, including the proposal to rely on visible and/or audible notifications for SCR-related inducements. The request for comment on amending the regulation for light-duty and medium-duty vehicles also applies to all the issues and questions identified in the discussion on inducements for heavy-duty engines in this section V. The EPA is also requesting comment on whether chassis-certified medium-duty vehicles that already meet 40 CFR 1036.111 should be required to meet the in-cab display requirements in 40 CFR 1036.110. (C-46).</P>
                    <HD SOURCE="HD3">2. Certification Provisions for New Nonroad Diesel Engines</HD>
                    <P>Nonroad diesel engines subject to standards under 40 CFR part 1039 are used in many different types of equipment with widely varying operating characteristics, including for farming, construction, industrial, and mining uses. These nonroad diesel engines are subject to SCR-related inducements similar to the inducements that apply to highway heavy-duty engines. Note that separate emission standards apply to diesel engines used in locomotives (40 CFR part 1033) and in marine vessels (40 CFR part 1042); diesel engines used in these other applications are not subject to SCR-related performance derates and are therefore not covered by this proposal.</P>
                    <P>In the 2023 Final Rule, the EPA did not extend the revised inducement approach to nonroad diesel engines because those derate schedules were inherently based on vehicle speed, which did not translate easily to nonroad diesel engines for which vehicle speed is not a useful measure of equipment performance. However, the approach the EPA is proposing in this rule, to rely on visible and/or audible notifications, creates a basis for proposing to adopt similar provisions to prompt nonroad equipment operators to perform SCR-related maintenance.</P>
                    <P>
                        The EPA issued guidance in 2014 that described expectations for ensuring nonroad engine and equipment operators used quality DEF, including instructions for engine manufacturers to incorporate designs to prevent equipment from operating after detecting problems with DEF supply or DEF quality.
                        <SU>144</SU>
                        <FTREF/>
                         The EPA provided examples in the 2014 guidance of effective final inducements to disable equipment and prevent operators from being able to perform work, including completely shutting the engine down or limiting the engine to idle with no power. The 2014 guidance indicated an expectation that disablement would occur within four hours of the triggering condition. For example, the 2014 guidance indicated that a final inducement for a combine harvester that 
                        <PRTPAGE P="43207"/>
                        completely disables use of any implements may be an acceptable method of preventing operators from being able to perform work, whereas a 40 percent engine derate would not be considered sufficient to prevent operators from being able to perform work. Nonroad equipment can be very difficult to transport to a repair facility. An alternative for completely disabled engines is for a technician to travel to the equipment for repair. Either of these remedies could be very expensive and involve several days or weeks of downtime. The EPA also notes that the problem may be caused by improper diagnosis from a defective sensor, with the emission control system working properly the whole time. Nonroad diesel engines were not subject to the inducement provisions finalized in the 2023 Final Rule. However, nonroad diesel engines were subject to the revised DEF inducement guidance released in August of 2025, as described in section V.B.2 of this preamble, which may still result in an idle-only inducement condition after a lengthened time period. As described for highway heavy-duty engines, these performance limitations are often caused by misdiagnosing a fault condition, resulting in operator frustration from not being able to use equipment as intended. Nonroad diesel equipment impacted by a performance inducement can also have meaningful negative consequences for the operators, owners, and businesses that rely on such equipment, as well as others that rely on the productivity of such equipment downstream, such as consumers.
                    </P>
                    <FTNT>
                        <P>
                            <SU>144</SU>
                             U.S. Environmental Protection Agency. (2014). Guidance Document CISD-14-10, “Certification of Nonroad Diesel Engines Equipped with SCR Emission Controls.” 
                            <E T="03">https://dis.epa.gov/otaqpub/display_file.jsp?docid=32298&amp;flag=1.</E>
                        </P>
                    </FTNT>
                    <P>As described in the previous section for light-duty and medium-duty vehicles, the list of inducement triggering conditions for heavy-duty engines under 40 CFR 1036.111 is an example of what should apply equally to nonroad diesel engines. Limiting inducement triggering to DEF supply, DEF quality, and certain types of fault conditions associated with tampering is appropriate for nonroad diesel engines because they have the same technology and the same need to ensure that operators perform scheduled maintenance with no tampering of SCR-related hardware.</P>
                    <P>Given the similarity of the technology for highway and nonroad engines, the EPA is proposing to extend the basic elements of the proposed changes described in this section to nonroad diesel engines with SCR starting no later than MY 2029. The proposed requirements include the following main features:</P>
                    <P>• Specifying a schedule of visible and/or audible notifications, instead of approaches to prevent operators from being able to perform work, to provide reasonable assurance that operators take steps to provide a supply of quality DEF in tanks (40 CFR 1039.111(c)).</P>
                    <P>• Specifying limited criteria that qualify as inducement triggering conditions (40 CFR 1039.111(b)).</P>
                    <P>• Codifying specifications related to the volume of DEF tanks (40 CFR 1039.115(h)).</P>
                    <P>• Requiring compensation algorithms to account for varying DEF quality (40 CFR 1039.115(h)).</P>
                    <P>• Codifying protection from DEF freezing (40 CFR 1039.115(h), with a reference to the measurement procedure in 40 CFR 1036.650).</P>
                    <P>• Requiring engine manufacturers to give installation instructions to equipment manufacturers related to SCR maintenance, including the instruction to facilitate visible and/or audible notifications on the operator interface for the equipment (40 CFR 1039.130(b)).</P>
                    <P>• Describing design specifications for visible and/or audible notifications and for compensation algorithms in the application for certification (40 CFR 1039.205(b)).</P>
                    <P>One important distinction for nonroad equipment is the possibility of operation without an operator present at all times. This includes portable equipment, such as generators, fans, and compressors, as well as autonomous vehicles, such as farm equipment. Visible and audible notifications do not have the same meaning if there is no on-site (in-cab) operator. On the other hand, anyone depending on the performance of unattended equipment would need to be able to provide fuel and DEF for continued operation, and would need to be able to respond if the engine goes into a derate condition. Even unattended operation depends on having an operator checking in periodically to add fuel (and DEF) and otherwise ensure the equipment is working properly. In such a circumstance, an operator would still be alerted to the need for maintenance, but not as quickly as for equipment controlled directly by an operator. Since the SCR-related maintenance is generally tied to refueling intervals, the proposed visible and/or audible notifications would still be expected to provide timely notification for maintaining equipment for any SCR-related issues. The EPA requests comment on how to design visible and/or audible notifications that would be effective for unattended equipment operation. For example, engine manufacturers may be able to facilitate a different kind of notification for equipment manufacturers to incorporate into portable equipment, especially with constant-speed engines. (C-47).</P>
                    <P>The EPA is requesting comment on all aspects of the proposal to codify provisions for ensuring proper maintenance for SCR systems used with nonroad diesel engines regulated under 40 CFR part 1039, including the proposal to rely on visible and/or audible notifications for SCR-related inducements. The request for comment on amending the regulation for nonroad diesel engines also applies for all the issues and questions identified in the discussion on inducements for new heavy-duty engines in this section V. (C-48).</P>
                    <HD SOURCE="HD2">F. Potential for Additional EPA Inducement Guidance for In-Use Engines and Vehicles</HD>
                    <P>The August 2025 guidance described in section V.B.2 of this preamble described a path for manufacturers to modify all types of in-use diesel-fueled engines and vehicles with less severe inducements. The guidance generally included recommendations allowing more operating time before derates reach a point of preventing normal operation. As part of the process of preparing the August 2025 guidance, the EPA considered manufacturers' concerns that the control algorithms for in-use engines provided very little flexibility to create a modified strategy for timing and extent of derates.</P>
                    <P>Now that the EPA is proposing to replace derates with visible and/or audible notifications for new engines and vehicles, there may be greater flexibility to modify in-use engines to conform to the inducement notifications described in this proposed rule. At the same time, retrofitting in-use engines to include specific visible or audible notifications may require a level of development and testing that makes it unrealistic to expect a widespread practice of retrofitting in-use engines or vehicles. Nevertheless, the EPA anticipates that even limited retrofits would be a welcome upgrade for those cases in which the manufacturer is able to support that initiative. The EPA is therefore considering a process to issue updated guidance that would allow manufacturers to modify in-use engines and vehicles to switch from derates to visible and/or audible notifications, consistent with any changes that the Agency adopts for certifying new engines and vehicles for DEF-related inducements.</P>
                    <P>
                        The EPA requests comment on the potential to retrofit in-use engines and vehicles with visible and/or audible 
                        <PRTPAGE P="43208"/>
                        notifications instead of performance derates. (C-49). The EPA also requests comment on adapting any new guidance to accommodate specialized concerns, such as operation in Alaska or other areas of extreme cold as described in section V.D.2 of this preamble for highway heavy-duty engines.
                    </P>
                    <HD SOURCE="HD1">VI. Program Costs</HD>
                    <P>The EPA used the same cost calculation methods as the 2023 Final Rule but with updated inputs to reflect the proposed changes to the emission-related warranty and useful life provisions of the 2023 Final Rule. Detailed descriptions of the underlying data and methods of the cost analysis are discussed in Chapter 3 of the DRIA for this proposed rule. The EPA requests comment on the data and methods, including estimated costs, cost savings, benefits, disbenefits, and transfers, that were applied in the analyses for this proposed rule. The EPA is also soliciting comment on the assumptions, modeling, and results of potential cost savings and the associated increase in operational cost increase for purchasers. (C-50).</P>
                    <P>
                        The costs for the proposed amendments were updated for the action and no-action cases to estimate the cost impacts. The EPA included all the provisions of the 2023 Final Rule to estimate the costs of the no-action case for this proposal and reduced the emission-related warranty period for the action case. The updated costs reflect the expected reduced emission-related warranty costs and changes to vehicle operating costs, which include increased emissions repair costs and reduced DEF costs.
                        <SU>145</SU>
                        <FTREF/>
                         The change in emission-related warranty costs and operating costs are estimated on a year-over-year basis and are shown in Chapter 3.3. As described in section III.A of this proposal, the EPA expects, in a competitive market, that engine manufacturers will pass on most, if not all, of the warranty cost savings to the purchaser of the vehicle, such that on net, the trucking industry, including vehicle owners, should realize the total projected cost savings of this action. There are no changes to direct manufacturing costs between the proposed action case and no-action case. The EPA projects that manufacturers have finished their technology designs for MY 2027 engines, and the Agency believes that manufacturers are likely to maintain a steady design for MY 2028 and MY 2029 and will not redesign engines in response to the proposed shorter useful life periods for only two years.
                    </P>
                    <FTNT>
                        <P>
                            <SU>145</SU>
                             The EPA projects a small increase in NO
                            <E T="52">X</E>
                             emissions from the proposed changes to emissions-related warranty and regulatory useful life periods. DEF consumption is proportional to NO
                            <E T="52">X</E>
                             reduced by the SCR system, and the EPA has projected a small decrease in DEF used due to the increase in NO
                            <E T="52">X</E>
                             emissions. Note that the EPA did not quantify any potential change in NO
                            <E T="52">X</E>
                             emissions as related to the proposed change in SCR performance inducements.
                        </P>
                    </FTNT>
                    <P>The cost impacts of this proposed rule are shown in Table VI-1 and Table VI-2. These impacts include savings due to the reduced emission-related warranty periods, increased operating costs, and a net cost savings.  </P>
                    <GPH SPAN="3" DEEP="434">
                          
                        <PRTPAGE P="43209"/>
                        <GID>EP14JY26.015</GID>
                    </GPH>
                      
                    <GPH SPAN="3" DEEP="122">
                        <GID>EP14JY26.016</GID>
                    </GPH>
                    <P>Table VI-3 shows the projected cost savings due to the proposed shorter emission-related warranty period per vehicle for MY 2027 by regulatory class and fuel type.</P>
                    <GPH SPAN="3" DEEP="121">
                        <PRTPAGE P="43210"/>
                        <GID>EP14JY26.017</GID>
                    </GPH>
                    <HD SOURCE="HD1">VII. Estimated Emissions Changes From the Proposed Program Amendments</HD>
                    <P>
                        The EPA projected an emissions impact associated with the proposed revisions to emission-related warranty, regulatory useful life, and the five percent production volume allowance. As described in detail in section III of this preamble, the EPA proposes to shorten the emission-related warranty periods for MYs 2027 and later engines to the levels that apply to MYs 2026 and earlier and to delay implementation of the extended useful life requirements for MYs 2027 and later engines until MY 2030. These proposed changes would result in an increase in NO
                        <E T="52">X</E>
                         emissions from highway heavy-duty engines and vehicles (about 4 to 12 percent, depending on the year), small increases in PM and VOC (less than one percent), and a small increase in CO, as described later in this section. These projected increases in emissions from highway heavy-duty engines and vehicles are due to a higher level of “age-effects” over the heavy-duty vehicle fleet lifespans.
                        <SU>146</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>146</SU>
                             For details of how MOVES accounts for changes in the emission-related warranty and useful life provisions, refer to Chapter 2.2.2 of the DRIA for this proposed rule.
                        </P>
                    </FTNT>
                    <P>In addition, the EPA proposes to amend the five percent production allowance for Heavy HDE in MYs 2027-2029. To account for this allowance, MOVES emission rates for heavy heavy-duty vehicles (Class 8 and urban bus regulatory classes) are further adjusted by assuming five percent of MYs 2027-2029 heavy heavy-duty vehicles would have emission rates equivalent to pre-MY 2027 vehicles.</P>
                    <P>Section VII.A of this preamble provides an overview of the methods used in MOVES to estimate emission changes under the proposed revisions. Section VII.B of this preamble presents the projected emission changes from the proposed amendments to 2023 Final Rule, with additional detail in Chapter 2 of the DRIA for this proposed rule.</P>
                    <P>
                        The EPA has not projected an emissions impact associated with the proposed NCPs, consistent with the approach taken in all past NCP rules. The EPA is not able to accurately project the degree to which firms may make use of the NCPs. The EPA's expectation is that any use of the NCPs would be temporary and short-lived, given the nature of NCPs, which are a temporary bridge for any companies that need additional time to bring engines into compliance with the MY 2027 NO
                        <E T="52">X</E>
                         standards.
                    </P>
                    <P>
                        The EPA has also not projected an emissions impact associated with the proposed revisions to the Agency's SCR inducement requirements for heavy-duty diesel engines.
                        <E T="51">147 148</E>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>147</SU>
                             See the EPA's response to inducement-related comments in section 8.1 (p 740) of the response to comments for the 2023 Final Rule. “Control of Air Pollution from New Motor Vehicles: Heavy-Duty Engine and Vehicle Standards—Response to Comments”. December 2022. EPA-420-R-22-036.
                        </P>
                        <P>
                            <SU>148</SU>
                             U.S. Environmental Protection Agency. (2021). “Tampered Diesel Pickup Trucks: A Review of Aggregated Evidence from EPA Civil Enforcement Investigations.” 
                            <E T="03">https://www.epa.gov/enforcement/tampered-diesel-pickup-trucks-review-aggregated-evidence-epa-civil-enforcement.</E>
                        </P>
                    </FTNT>
                    <P>
                        The proposed amendments to the SCR inducement requirements would further reduce operator frustrations with SCR emission controls, but many uncertainties remain in terms of quantifying the potential impact. As described in section V of this preamble, diesel vehicle owners and operators have over a decade of experience using DEF, refilling DEF is easy, and DEF is readily available at retail stores and diesel refueling stations nationwide, which suggests operator access and familiarity under the proposed amendments would not change DEF use relative to today. Also, in section V of this preamble, the EPA summarizes two recent studies on the impact of visible and audible notifications used to prompt light-duty vehicle drivers to wear seatbelts.
                        <E T="51">149 150</E>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>149</SU>
                             Kidd, D.G., and Singer, J. (2019). The effects of persistent audible seat belt reminders and a speed-limiting interlock on the seat belt use of drivers who do not always use a seat belt. 
                            <E T="03">Journal of Safety Research</E>
                            . 
                            <E T="03">https://www.iihs.org/research-areas/bibliography/ref/2185.</E>
                        </P>
                        <P>
                            <SU>150</SU>
                             Kidd, D.G., and O'Malley, S. (2023). Increasing seat belt use in the United States by promoting and requiring more effective seat belt reminder systems. 
                            <E T="03">Traffic Injury Prevention, 24</E>
                            (sup1), S80-S87. 
                            <E T="03">https://doi.org/10.1080/15389588.2022.2134730.</E>
                        </P>
                    </FTNT>
                    <P>In this proposal, the “no-action” case represents the 2023 Final Rule. It is unclear how owner or operator behavior would have changed in response to the speed restrictions that were set to apply starting in MY 2027 under the 2023 Final Rule. It is equally unclear how the proposed new audible notification schedule would change behavior relative to that no-action case.</P>
                    <P>At this time, the EPA is not able to accurately project the degree to which SCR systems would be ineffective due to low DEF levels, low-quality DEF, or component-level tampering that can lead to improper DEF dosing, and therefore the Agency cannot project any associated increase in emissions. The EPA is also unable to estimate whether the proposed removal of derates under this proposal would result in a reduction in emissions due reduced user frustration and fewer instances of in-use tampering.</P>
                    <HD SOURCE="HD2">A. Emission Inventory Methodology</HD>
                    <P>
                        To estimate the emissions impacts of the proposed amendments to the 2023 Final Rule, the EPA used a regulatory version of the Agency's MOVES model, known as MOVES5.R2.
                        <SU>151</SU>
                        <FTREF/>
                         MOVES5.R2 is derived from the latest public version (MOVES5) but includes several updates to vehicle population and activity based on the latest information. Detailed descriptions of the underlying data and analyses that informed the model updates are discussed in Chapter 2.2 of the DRIA for this proposed rule.
                    </P>
                    <FTNT>
                        <P>
                            <SU>151</SU>
                             
                            <E T="03">See</E>
                             Chapter 2 of the “Revision of Tier 4 Criteria Pollutant Standards, Part 1: Amendments to Phase-In Schedule for Light-Duty and Medium-Duty Vehicles—Draft Regulatory Impact Analysis” EPA-420-D-26-001. May 2026.
                        </P>
                    </FTNT>
                    <P>
                        First, the EPA modeled a baseline (no-action) scenario that retains all provisions of the 2023 Final Rule. Then, the EPA modeled a control (action) scenario to incorporate the proposed changes to the provisions. The 
                        <PRTPAGE P="43211"/>
                        emissions impacts of the proposed amendments were estimated by calculating the emissions difference between the no-action and the action cases. Inputs developed to model the national emission inventories, including those representing the action case, are discussed in Chapter 2.2.2 of the DRIA for this proposed rule.
                    </P>
                    <HD SOURCE="HD2">B. Emission Inventory Impacts</HD>
                    <P>
                        As discussed in section III of this preamble, the proposed amendments include modifications to the regulatory useful life and emission-related warranty periods provisions, as well as the five percent production allowance for MYs 2027-2029 heavy heavy-duty vehicles, in the 2023 Final Rule. The combined emissions impacts of the proposed revisions in calendar years 2030, 2040, 2045, and 2055 
                        <SU>152</SU>
                        <FTREF/>
                         are presented in Table VII-1 (emissions changes in tons) and Table VII-2 (percent changes relateive to the no-action case). The EPA also evaluated the isolated effects of removing the longer emission-related warranty periods and delaying the lengthened regulatory useful life by three years. Because the proposed delay would shorten useful life periods only for MY 2027 through MY 2029, and vehicles and fleet turnover limits its influence, the EPA projects no impact on NO
                        <E T="52">X</E>
                         inventory from this proposed change in the analysis years, with the exception of urban buses.
                        <SU>153</SU>
                        <FTREF/>
                         Accordingly, all NO
                        <E T="52">X</E>
                         increases estimated in Table VII-1 are attributable to the removal of the longer warranty periods.
                    </P>
                    <FTNT>
                        <P>
                            <SU>152</SU>
                             The 2023 Final Rule inventory analysis included calendar years up to 2045. For the proposed amendments, the EPA extended analysis years to 2055 to better estimate the impact of fleet turnover further into the future.
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>153</SU>
                             Because urban buses have lower annual mileage than other heavy-duty regulatory classes but a higher mileage limit (
                            <E T="03">see</E>
                             Table 2-3 of the DRIA for this proposed rule), the shortened useful life for MYs 2027-2029 urban buses would contribute only about a 0.02 percent increase to the heavy-duty NO
                            <E T="52">X</E>
                             inventory in calendar year 2040; no impact is projected for other analysis years.
                        </P>
                    </FTNT>
                    <P>
                        Using MOVES5.R2, the EPA estimates that the 2023 Final Rule, as amended by this proposal, would continue to reduce the onroad heavy-duty NO
                        <E T="52">X</E>
                         inventory in 2055 by about 42 percent—over 260,000 tons of NO
                        <E T="52">X</E>
                        —compared to the 2055 heavy-duty NO
                        <E T="52">X</E>
                         inventory without the 2023 Final Rule.
                        <SU>154</SU>
                        <FTREF/>
                         The proposed amendments would retain nearly 90 percent of the NO
                        <E T="52">X</E>
                         reductions originally projected to result from the 2023 Final Rule because the more stringent standards and more representative test cycles finalized in the 2023 Final Rule remain in place.
                    </P>
                    <FTNT>
                        <P>
                            <SU>154</SU>
                             Because this proposal and the 2023 Final Rule rely on different versions of MOVES that incorporate updated underlying data, the emissions estimates in this proposal are not directly comparable to those presented in the 2023 Final Rule.
                        </P>
                    </FTNT>
                    <P>
                        Chapter 2.3.3 of the DRIA for this proposal includes additional details on the emission changes by vehicle regulatory class. Chapter 2.4 of the DRIA for this proposal provides the estimates of year-over-year criteria pollutant emissions for both the no-action and action cases in calendar years 2027 through 2055.
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>155</SU>
                             The EPA estimates no change in CO
                            <E T="52">2</E>
                             emissions from the proposed revisions.
                        </P>
                    </FTNT>
                    <GPH SPAN="3" DEEP="93">
                        <GID>EP14JY26.018</GID>
                    </GPH>
                    <GPH SPAN="3" DEEP="93">
                        <GID>EP14JY26.019</GID>
                    </GPH>
                    <HD SOURCE="HD1">VIII. Air Quality Impacts of the Proposed Rule</HD>
                    <P>
                        Section VII of this preamble presents projections of the emissions changes due to this proposed rule. When feasible and appropriate, the EPA conducts full-scale photochemical air quality modeling to accurately project levels of criteria and air toxic pollutants. For this proposal, however, the EPA did not conduct air quality modeling to determine how these emissions increases could change the ambient concentrations of air pollutants. Making predictions about air quality based solely on emissions changes is extremely difficult because the atmospheric chemistry related to ambient concentrations of PM
                        <E T="52">2.5</E>
                        , ozone, and air toxics is very complex, and the emissions changes are spatially variable. Nevertheless, considering the air quality modeling conducted for the 2023 Final Rule, the projected increase in total onroad emissions from the proposed amendments would mean that the modeled air quality improvements from the 2023 Final Rule would not be fully realized. The magnitudes of the onroad emissions increases from the proposed amendments are smaller than the onroad emissions reductions that were modeled for the 2023 Final Rule, so the resulting changes in ambient concentrations of air pollutants are also expected to be relatively smaller than what was previously modeled. The EPA expects that the increased vehicle emissions would reduce the estimated overall air quality improvements of the 2023 Final Rule on ambient levels of ozone, PM
                        <E T="52">2.5</E>
                        , NO
                        <E T="52">2</E>
                        , and other traffic-
                        <PRTPAGE P="43212"/>
                        related pollutants. Additional information, including information on current air quality, is available in Chapter 4.1 of the DRIA for this proposal.
                    </P>
                    <HD SOURCE="HD1">IX. Projected Changes in Human Health and Welfare From the Proposed Rule</HD>
                    <P>
                        Air pollutants emitted from the highway heavy-duty engines and vehicles subject to the proposed rule impact public health, welfare, and the environment. Motor vehicle emissions contribute to ozone, PM
                        <E T="52">2.5</E>
                        , and air toxics, which are linked to premature death and other serious health impacts, including respiratory illness, cardiovascular problems, and cancer. This air pollution affects people nationwide, especially those who live or work near transportation corridors. Detailed information on the health and welfare effects associated with exposure to pollutants impacted by this proposed rule can be found in sections II.B-C of the 2023 Final Rule preamble and Chapter 4 of the 2023 Final Rule RIA.
                    </P>
                    <P>
                        The EPA sometimes performs air quality modeling to conduct a full assessment of the PM
                        <E T="52">2.5</E>
                        -related and ozone-related human health benefits of the Agency's regulatory actions. As discussed in section VIII of this preamble, the EPA did not conduct air quality modeling for this proposal.
                    </P>
                    <P>
                        The EPA is obligated to present the Agency's best scientific understanding and the implications of that science when developing policies and regulations. However, historically, the EPA's analytical practices may not have presented the full range of uncertainties and associated confidence level regarding the potential benefit estimates from reduction in exposure to PM
                        <E T="52">2.5</E>
                         and ozone. In addition, the science regarding the exposure, health effects from exposure, and valuation of reduction in health effects are evolving with better data and methods, especially at low concentrations of PM and ozone. In past regulatory analyses when the EPA did not conduct air quality modeling, the Agency has used benefit per ton (BPT) values as a reduced-complexity method to estimate the health benefits related to changes in pollutant emissions. However, the EPA's use of BPT monetized values introduces additional uncertainty. Although developed as a screening tool when full-form photochemical modeling was not feasible, the BPT approach reduces complex spatial and atmospheric relationships and may be more suited to model emissions that are geographically more uniform and for which the pollutant species are better mixed, thereby adding uncertainty associated with those estimates. Some of the sources of uncertainties include the set of assumptions used in projecting the health impact of reducing PM. These projections are based on a series of models that take into account emissions changes, the resulting distributions of changes in ambient air quality, the estimated reductions in health effects from changes in exposure, and the composition of the population that will benefit from the reduced exposure. Each component includes assumptions, each with varying degrees of uncertainty.
                    </P>
                    <P>
                        In addition, the EPA historically provided point estimates rather than just ranges of emission-related effects or only quantifying emissions when monetizing proved to be too uncertain. Therefore, to address these concerns, the EPA is refraining from providing primary estimates resulting from changes in PM
                        <E T="52">2.5</E>
                         and ozone exposure resulting from changes in direct PM
                        <E T="52">2.5</E>
                        , NO
                        <E T="52">X</E>
                        , and VOC emissions but will continue to quantify the emissions until the Agency is confident enough in the modeling to robustly monetize those impacts.
                    </P>
                    <P>A more robust description of the potential health and welfare disbenefits associated with emissions increases due to the proposal is contained in Chapter 5 of the DRIA for this proposed rule.</P>
                    <HD SOURCE="HD1">X. Economic Impact Analysis</HD>
                    <P>This section describes the economic impact analysis of this proposal. The analysis focuses on the potential impacts to vehicle sales (including the number of vehicles sold and the timing of vehicle purchases), the rate of replacement of used vehicles in the fleet with new ones (fleet turnover), impacts on the shipping choices by heavy-duty vehicle users (mode shift), and impacts on the choice of heavy-duty class purchased (class shift).</P>
                    <P>In section VI of this preamble and Chapter 3 of the DRIA for this proposed rule, the EPA estimates the net cost savings to manufacturers. Manufacturers may pass on some, if not all, of the savings to vehicle purchasers in the form of a lower-priced product. Basic economic theory indicates that a decrease in purchase price due to decreased manufacturer costs could lead to an increase in sales. Thus, the manufacturer cost savings from this proposal could lead to some increase in heavy-duty vehicle sales, but the size of the impact would depend on the magnitude of the cost decreases and the degree to which the cost decreases are passed on to vehicle purchasers.</P>
                    <P>As discussed in section VI of this preamble and Chapter 3.3.2 of the DRIA for this proposed rule, the shortened emission-related warranty period could shift some of the burden of repair costs from manufacturers to users. Thus, purchasers could consider both an increase in operating costs and any decrease in purchase price when making a purchase decision. The EPA is unable to quantify these effects because existing literature does not provide sufficient insight into the relationship between emission-related warranty changes, increases in prices due to increased emission-related warranty periods, and sales impacts.</P>
                    <P>
                        The EPA also considered how this proposal could affect the timing of planned heavy-duty vehicle purchases in response to regulatory changes, often referred to as the potential for “pre-buy” and “low-buy.” Pre-buy occurs when a purchaser pulls ahead a planned future purchase before implementation of a regulation in anticipation that a future vehicle may have a higher upfront or operational cost or have reduced reliability. Low-buy occurs when a vehicle that would have been purchased before the implementation of a regulation is either not purchased at all or the purchase is delayed after the implementation of the regulation. Low-buy may occur directly as a function of pre-buy (where a vehicle was instead purchased prior to implementation of the new regulation) or due to a vehicle purchaser delaying the purchase of a vehicle due to cost or uncertainty. Pre- and low-buy are short-term effects, with research indicating that effects are seen for one year or less before and after a regulation is implemented.
                        <SU>156</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>156</SU>
                             
                            <E T="03">See</E>
                             the EPA report “Analysis of Heavy-Duty Vehicle Sales Impacts Due to New Regulation” at 
                            <E T="03">https://cfpub.epa.gov/si/si_public_pra_view.cfm?dirEntryID=349838&amp;Lab=OTAQ</E>
                             for a literature review and EPA analysis of pre-buy and low-buy due to heavy-duty regulations.
                        </P>
                    </FTNT>
                    <P>
                        In Chapter 10.1.1 of the 2023 Final Rule RIA, the EPA discussed that purchase decisions and their timing related to a change in a regulatory standards are affected by many factors, including macroeconomic conditions, costs and timing of cost changes, and current and predicted operating and maintenance costs.
                        <SU>157</SU>
                        <FTREF/>
                         Given the current industry-described stagnant freight market, the timing of this proposal, the imminent release of the MY 2027 heavy-duty vehicles, and other macroeconomic uncertainties, it is not clear whether there will be any pre-buy associated with the 2023 Final Rule and what, if 
                        <PRTPAGE P="43213"/>
                        any, impact this proposal would have on the timing of purchase decisions.
                        <SU>158</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>157</SU>
                             U.S. Environmental Protection Agency. (2022) Control of Air Pollution from New Motor Vehicles: Heavy-Duty Engine and Vehicle Standards, Regulatory Impact Analysis. EPA-420-R-22-035. 
                            <E T="03">See</E>
                             Chapter 10.1.1 on impacts to the timing of sales.
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>158</SU>
                             For example, 
                            <E T="03">see</E>
                             Heavy Duty Trucking, “Goodbye, 2027 Truck Prebuy” at 
                            <E T="03">https://www.truckinginfo.com/articles/goodbye-2027-truck-prebuy</E>
                             and Transport Topics, “Uncertainty Dominated Pre-Buy Discussion Ahead of 2027” at 
                            <E T="03">https://www.ttnews.com/articles/uncertainty-pre-buy-trucks-2027.</E>
                        </P>
                    </FTNT>
                    <P>When there are measurably higher sales in a vehicle fleet, the EPA typically expects an increase in fleet turnover. Vehicle purchasers may replace older, less efficient vehicles with new, cleaner vehicles at a faster rate. However, the EPA does not expect that any increase in sales due to this proposal would be large enough to meaningfully affect fleet turnover.</P>
                    <P>
                        Transportation mode shift is a change from using a heavy-duty truck to ship goods to using another mode of transportation (typically rail or marine). Whether shippers switch to a different transportation mode for freight depends not only on the cost per mile of the shipment (freight rate), but also the value of the shipment, the time needed for shipment, and the availability of supporting infrastructure. This proposal is not expected to have an impact on truck freight rates given that the price of the truck is only a small part of the cost per mile of a ton of goods. The 2023 Final Rule did not anticipate mode shift effects, and the EPA similarly does not expect mode shift effects from this proposal.
                        <SU>159</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>159</SU>
                             U.S. Environmental Protection Agency. (2022) Control of Air Pollution from New Motor Vehicles: Heavy-Duty Engine and Vehicle Standards, Regulatory Impact Analysis. EPA-420-R-22-035. 
                            <E T="03">See</E>
                             Chapter 10.1.4 for more information regarding mode shift.
                        </P>
                    </FTNT>
                    <P>Class shift occurs when a vehicle purchaser decides to purchase a different class of vehicle than originally intended due to a new regulation. For example, a purchaser may buy a Class 8 vehicle instead of the Class 7 vehicle they may have purchased in the absence of a regulation. The EPA does not expect any class shift due to this proposed rule.</P>
                    <HD SOURCE="HD1">XI. Summary of Requests for Comment in This Proposed Rule</HD>
                    <P>
                        While the EPA is not limiting comment on this proposed rule to identified areas, the Agency is specifically soliciting comment on key aspects of the proposed rule. To facilitate comment on those portions of the rule, the EPA has indexed each comment solicitation with a unique identifier below (
                        <E T="03">e.g.,</E>
                         “C-1,” “C-2”) to provide a consistent framework for effective and efficient solicitation of comments. Accordingly, the EPA asks that commenters include the corresponding identifier when providing comments relevant to that comment solicitation by including the identifier either in a heading or within the text of each comment. Specifically, the EPA is soliciting comment on the following:
                    </P>
                    <P>1. The EPA acknowledges that this proposal would, if finalized, change the Agency's previous assessments in the 2023 Final Rule with respect to the emission-related warranty, regulatory useful life, and other program elements. The EPA believes that the revisions proposed in this action relieve obligations in a manner that promotes compliance and cost savings without undermining existing investments in compliance. Nevertheless, the EPA requests comment on whether regulated parties have any significant reliance interests with respect to the changes in emission-related warranty, regulatory useful life, and other program elements contained in this proposal. (C-1).</P>
                    <P>2. The EPA further understands that other interested parties may have relied on the MY 2027 heavy-duty program for independent purposes, including compliance with relevant National Ambient Air Quality Standards (NAAQS) and related planning obligations, among others. The EPA believes that the relatively small foregone emissions reductions involved in this proposed revision, coupled with the relatively short amount of time that has passed since promulgation of the 2023 Final Rule, means that such interests do not supersede the Agency's obligation to ensure that program elements are appropriate and reflect technical and market realities. Moreover, the EPA notes that emissions from mobile sources are just one consideration among many involved in planning to attain the NAAQS and related obligations. Nevertheless, the EPA requests comment on such reliance interests and how such interests should be taken into account in any final action on this proposal. (C-2).</P>
                    <P>3. The EPA requests comment on the nature and extent of any other reliance interests that may arise from this proposed action and is committed to assessing any such interests, determining whether they are significant, and weighing such interests against competing rationales, as required by law. (C-3).</P>
                    <P>
                        4. The EPA is proposing two methods under a new interim provision in 40 CFR 1036.150, which would apply to MY 2027 through MY 2029, depending on whether the manufacturer conducted an emissions test at the useful life periods that apply to MYs 2026 and earlier (
                        <E T="03">e.g.,</E>
                         equivalent 435,000-mile point for Heavy HDE) or only at the MYs 2027 and later useful life (
                        <E T="03">e.g.,</E>
                         equivalent 650,000 miles for Heavy HDE). If available, the EPA is proposing under that interim provision that manufacturers must use test data from the point that is equivalent to the useful life periods that apply to MYs 2026 and earlier. If manufacturers did not collect data at that point, the EPA would allow manufacturers to interpolate their data to the shorter useful life periods that apply to MYs 2026 and earlier using the data at the low-hour and longer useful life test points. The EPA requests comment on this interim provision. (C-4).
                    </P>
                    <P>5. The EPA does not expect manufacturers who have products ready for MY 2027 to change their emissions control technology plans for the MYs 2027 through 2029 period because of this proposed change. However, manufacturers that have not completed their durability demonstration for the longer useful life may choose to stop the demonstration at the current useful life values, which could result in a small reduction in testing costs that manufacturers could pass on to their customers. For this proposal, the EPA has taken a conservative approach to estimating the cost impacts of the proposed change to useful life and found that there would be no change in costs. The EPA requests comments on the cost savings from this provision. (C-5).</P>
                    <P>6. The EPA requests comment on indefinitely keeping the MYs 2026 and earlier regulatory useful life periods for MYs 2027 and later. (C-6).</P>
                    <P>
                        7. The EPA requests comment on the proposed change to the MYs 2027-2029 allowance under 40 CFR 1036.150(k), including whether it appropriately balances the implementation needs and protection of emissions benefits. The EPA also requests comment on whether this flexibility should apply to fewer MYs (
                        <E T="03">e.g.,</E>
                         only MY 2027, or MYs 2027 and 2028), or more MYs (
                        <E T="03">e.g.,</E>
                         also MY 2030 or beyond). The EPA also requests comment on whether the five percent cap should be lower or higher, and if the cap should remain constant or phase down over time. (C-7).
                    </P>
                    <P>
                        8. EPA requests comment on increasing the NO
                        <E T="52">X</E>
                         FEL cap to a level greater than 65 mg/hp·hr, but less than or equal to the MY 2026 standard of 200 mg/hp·hr. The EPA also requests comment on the number of MYs over which a higher FEL cap should apply, including whether it is appropriate to not include an end date for a higher FEL cap. For example, the EPA may consider a higher FEL cap for a few MYs during the transition to the lower NO
                        <E T="52">X</E>
                         standard followed by a return to 65 mg/hp·hr or 
                        <PRTPAGE P="43214"/>
                        an alternative level, or a permanent increase in the FEL cap. The EPA requests comment on the possible economic and emissions impacts of allowing older credits to be used in the MYs 2027 and later program. The EPA also requests comment on any reliance interest engine manufacturers or others may have, including the specific reliance concerns and available data which supports a reliance argument. (C-8).
                    </P>
                    <P>
                        9. The EPA also requests comment on whether, and how, banked NO
                        <E T="52">X</E>
                         emission credits earned prior to MY 2022 should be allowed for use in MYs 2027 and later. A discount of up to 40 percent is applied when using credits earned during MYs 2022-2026 for MYs 2027 and later, and the EPA requests comment on an appropriate discount that could be applied to credits earned from the MYs 2004 to 2009 engines for use in MYs 2027 and later. Finally, the EPA requests comment on the possible economic and emissions impacts of allowing these older NO
                        <E T="52">X</E>
                         credits to be used in the MYs 2027 and later program. The EPA also requests comment on any reliance interest engine manufacturers or others may have, including the specific reliance concerns and available data which supports a reliance argument. (C-9).
                    </P>
                    <P>
                        10. The EPA requests comment on whether and how emission credits could be utilized between engine service classes. If the EPA were to allow cross-averaging set NO
                        <E T="52">X</E>
                         credit transfers, the Agency requests comment on whether a credit discount should be applied, the value of such a discount, and if that discount should be different depending on which averaging set the credits are coming from. Finally, the EPA requests comment on the possible economic and emissions impacts of allowing credits to be used across averaging sets in the MYs 2027 and later program. The EPA also requests comment on any reliance interest engine manufacturers or others may have, including the specific reliance concerns and available data which supports a reliance argument. (C-10).
                    </P>
                    <P>
                        11. The EPA recognizes that the three requests for comment in this preamble section III.D. have potential interactions. For example, if the EPA were to finalize all three elements (an increase in the NO
                        <E T="52">X</E>
                         FEL Cap, use of pre-MY 2022 NO
                        <E T="52">X</E>
                         credits, and movement of NO
                        <E T="52">X</E>
                         credits across engine service classes) this could reduce the compliance costs for some companies, while potentially negatively impacting other companies due to a change in the competitive landscape. The same is true if two of the three credit flexibilities were included in the final rule, independent of the combination, as not all companies have pre-MY2022 NO
                        <E T="52">X</E>
                         credits, and not all HD engine companies sell engines in multiple service classes. The EPA requests comment on the potential interactions of these three credit flexibilities, including the impacts on the overall emissions reductions of the MY 2027 and later program, the costs of the program, and any potential impacts on the competitive landscape for the regulated industry. (C-11).
                    </P>
                    <P>12. The 2023 Final Rule included a requirement at 40 CFR 1036.110(c)(1) for manufacturers to identify fault codes with an in-cab display for any SCR- or diesel particulate filter (DPF)-related condition causing the engine to initiate a speed reduction or torque derate. First, the EPA is requesting comment on whether in-cab display information requirements should remain part of the “diagnostic system.” The required in-cab display information is not always part of the OBD system which may complicate the usual standardization efforts for diagnostic system elements. (C-12).</P>
                    <P>13. The EPA is considering a revision to 40 CFR 1036.530(c)(3)(iii) to allow the existing exclusion of data during an infrequent regeneration event to include any additional time needed for emissions levels to return to normal baseline levels. The EPA adopted this change for certification because the FTP, SET, and LLC duty cycles are relatively short, and data from operation immediately following regeneration may unrepresentatively bias measured emissions high on the short certification cycles. The EPA requests comment on whether a corresponding redefinition of the regeneration event is warranted for off-cycle testing under 40 CFR 1036.530(c)(3)(iii). (C-13).</P>
                    <P>
                        14. An earlier final rule included provisions allowing limited numbers of qualified heavy-duty highway vehicles to have certified engines meet alternative standards derived from the EPA's nonroad engine programs.
                        <SU>160</SU>
                        <FTREF/>
                         The provisions apply to amphibious vehicles, vehicles with maximum operating speed of 45 mph or less, and all-terrain vehicles with portal axles. The provisions also apply to hybrid vehicles with engines that provide energy for an RESS. The EPA added a sunset clause for hybrid vehicles at the end of MY 2027 based on the expectation that greenhouse gas standards would lead to widespread availability of engines certified with hybrid power systems to emission standards under 40 CFR part 1036. The EPA is proposing to extend the allowance to use the alternative standards through MY 2030. At the same time, the EPA is proposing to reduce the annual limit on the number of such vehicle manufacturers may produce from 1,000 to 200. This change would treat specialty vehicles with hybrid powertrains the same as the other types of specialty vehicles. The EPA accordingly requests comment on the possible need to entirely remove the sunset on alternative standards for engines installed in hybrid vehicles. Similarly, the EPA requests comment on the need for a different limit on the annual number of hybrid vehicles with engines certified to the alternative standards, including maintaining the limit at 1,000. (C-14).
                    </P>
                    <FTNT>
                        <P>
                            <SU>160</SU>
                             80 FR 73478 (Oct 25, 2016).
                        </P>
                    </FTNT>
                    <P>
                        15. Based on the available data, the EPA has determined that the best methodological approach for this proposal is to rely on the approach the Agency took in the 2023 Final Rule to determine the incremental technology needed to meet the MY 2027 standards. In this proposal, the EPA estimated COC
                        <E T="52">50</E>
                         and COC
                        <E T="52">90</E>
                         using component cost data from the 2023 Final Rule's technology cost teardown study of the aftertreatment systems of an engine meeting MY 2026 standards and one designed to meet the MY 2027 standards. As described in the DTSD for this proposal, the EPA believes estimating the NCPs based on public data that the Agency has already released through a notice and comment process is a reasonable basis upon which to determine compliance costs. The EPA is requesting comment on other data sources and alternative methodologies based on other technology packages manufacturers are developing to meet the MY 2027 standards. (C-15).
                    </P>
                    <P>
                        16. The F factor is defined in existing 40 CFR 86.1113-87(a)(4) and in the proposed new 40 CFR 1071.80(a) as the ratio of MC
                        <E T="52">90</E>
                         to MC
                        <E T="52">50</E>
                        . To estimate the F factor, the EPA proposes to use the ratio of COC
                        <E T="52">90</E>
                         to COC
                        <E T="52">50</E>
                        , which reasonably approximates the increase in MC
                        <E T="52">90</E>
                         over MC
                        <E T="52">50</E>
                         since the EPA expects the marginal cost of compliance to scale with the absolute cost of compliance. With this approach, the F factors for Medium HDE and Heavy HDE are 1.176 and 1.093, respectively. Consistent with the existing and new proposed definitions that limit F to values between 1.1 and 1.3, the EPA proposes to round the F factor for Heavy HDE up from 1.093 to 1.1. The EPA requests comment on whether the F factor should be rounded to 1.1 or should be kept at 1.093. (C-16).
                        <PRTPAGE P="43215"/>
                    </P>
                    <P>
                        17. In this action, the EPA proposes to specify that the values in Table IV-2 be used in the NCP formula for the MYs 2027 and later NO
                        <E T="52">X</E>
                         standard of 35 mg/hp·hr for Medium HDE and Heavy HDE. The complete derivation of these parameters is described in the DTSD for this proposal. The EPA requests comment on the Agency's estimates of these parameters. (C-17).
                    </P>
                    <P>18. The EPA is also proposing to allow manufacturers to continue to use approved deficiencies through MY 2029. These are important considerations because it is likely that these engines would not be able to comply with the EPA's revised OBD program, for example due to the significant hardware and software changes needed to meet in-cab display requirements. The EPA is requesting comment on whether the Agency should consider modifying additional OBD provisions to accommodate the certification of engines to the proposed NCP requirements. (C-18).</P>
                    <P>19. The EPA is not basing the proposed NCP parameters on a technology package with an e-heater, as the Agency only has one publicly citable source for a cost estimate for the e-heater systems, which has not gone through a public comment process and it is unclear if that source has been peer reviewed. Nevertheless, the EPA presents an estimate of NCPs based on the e-heater technology package in the DTSD for this proposal. The EPA requests comment on whether to rely on an e-heater technology package and requests references to other publicly available data for the components of such a system. (C-19).</P>
                    <P>
                        20. The approach of determining MC
                        <E T="52">90</E>
                         based on the marginal cost between the upper limit and the standard that would result in slopes of NCP versus compliance level that are constant at $22 mg/hp·hr and $38 mg/hp·hr for Medium and Heavy HDE, respectively. The EPA requests comment on using this approach for the final rule. (C-20).
                    </P>
                    <P>21. For this proposal, the EPA did not include local and State sales tax or Federal excise tax in the NCP calculation. The EPA expects that at least some portion of the NCPs will be passed on to the customer in the final vehicle price, which will be taxed as applicable. The EPA requests comment on this approach. (C-21).</P>
                    <P>22. For this proposal, the EPA included lifetime DEF costs in the NCP values using a 7 percent discount rate. NCPs must be set at a level to remove any competitive disadvantage for complying manufacturers, but they are not intended to unduly penalize noncomplying manufacturers. Considering the need to balance these two requirements, the EPA requests comment on alternatively including DEF costs for only the initial two to four years of an engine's life instead of the full lifetime costs. (C-22).</P>
                    <P>23. Regarding the indirect costs, the EPA relied on the RPE values for the “heavy-duty truck industry,” which is consistent with how the Agency estimated the indirect costs in the 2023 Final Rule. The EPA requests comment on this approach. An alternative to this approach would be to use the indirect costs for heavy-duty engine or vehicle manufacturers as shown in Table IV-3. The use of the indirect costs for the heavy-duty truck manufacturer could be justified if it is appropriate to assume that the markup for the truck dealers will include a markup on the NCP. (C-23).</P>
                    <P>
                        24. The proposed rule includes the equations from 40 CFR part 86, subpart L, for calculating and applying the AAF to determine NCP values. The AAF includes a term to increase NCP values over time, with the goal of preventing manufacturers relying on NCPs as a long-term compliance strategy. The AAF equation accounts for this by including a years counter, 
                        <E T="03">i</E>
                        , as an exponent on the factor characterizing the fraction of the engine fleet certified using NCPs. The EPA requests comment on retaining the existing exponent and on two options to change the Agency's historical approach. Retaining the existing exponent would provide the most motivation for manufacturers to meet the standards in later years without using NCPs. If it is likely that manufacturers will continue to need additional time to meet the standards for a large fraction of the engines in a class, another option could be to remove the exponent from the AAF calculation, resulting in a standard compounding rate that would avoid the NCPs becoming cost-prohibitive to the point that certifying with NCPs is no longer a marketable option. A second option could be to replace the exponent “
                        <E T="03">i</E>
                        ” with “
                        <E T="03">i</E>
                        -1,” which would apply some accelerated compounding and aligns the calculations with the existing approach of not having an AAF for the first year. The EPA requests comment on these potential alternative approaches. (C-24).
                    </P>
                    <P>
                        25. The EPA is proposing to isolate engines using NCPs into NCP families that are separate from a manufacturer's averaging sets to simplify the implementation and clearly distinguish which compliance provisions apply to a given engine family. The EPA requests comment on allowing NO
                        <E T="52">X</E>
                         emission credits to be used in the NCP program. A manufacturer could reduce the NCP for a given engine family if NO
                        <E T="52">X</E>
                         credits could be applied to that engine family to lower the effective compliance level from which the NCP is calculated. The EPA believes there may be an emissions benefit from this approach, as a manufacturer would offset a portion of the emissions above the standard with banked NO
                        <E T="52">X</E>
                         emission credits earned from engines which performed at a level below the NO
                        <E T="52">X</E>
                         standard. The EPA notes there would be an additional reporting and recordkeeping burden, for both the manufacturer and the Agency, associated with tracking credit use in addition to the proposed NCP provisions. The EPA also requests comment regarding how NO
                        <E T="52">X</E>
                         credits may impact the statutory requirement that NCPs “shall remove any competitive disadvantage to manufacturers whose engines or vehicles achieve the required degree of emission reduction.” (C-25).
                    </P>
                    <P>26. In this rule, the EPA is proposing to migrate the NCP provisions to a new 40 CFR part 1071. In general, this migration is not intended to change the compliance program specified in 40 CFR part 86, except as specifically stated in this proposal. The EPA requests comment on proposed provisions that are substantively different than what applies under 40 CFR part 86, subpart L. In cases in which the EPA is not proposing substantive changes to the regulation, the Agency requests comment on those amendments as editorial changes. (C-26).</P>
                    <P>
                        27. The EPA requests comment on the broader context of operator frustration with inducements caused by defects rather than operator behavior. In the wake of implementation of inducement schedules, strong negative public sentiment toward DEF has emerged due to system failures stemming from sources like failed sensors and the delayed availability of replacement parts rather than inadequate DEF or an intent of noncompliance. The EPA has heard from individuals who have experienced traumatic events, such as lost harvests or stranded vehicles and products. Observation and word-of-mouth have created secondary distrust of SCR systems and DEF. The EPA is requesting comment on the extent to which negative public sentiment has created a distrust associated with SCR system and DEF failures and how to address the challenge of rebuilding positive culture around the use of SCR systems and DEF. This might take the form of educational outreach for manufacturers of engines and manufacturers of emission-related 
                        <PRTPAGE P="43216"/>
                        components to help operators learn how to practice better preventive maintenance of vehicles to reduce the risk of component defects. This might also take the form of additional engineering to focus on product improvements for which defects are most common. (C-27).
                    </P>
                    <P>
                        28. The EPA expects these proposed revisions to the Agency's SCR inducement requirements for heavy-duty diesel engines would require software-based changes, which are considered indirect costs associated with research and development. The EPA requests comment on any costs or savings associated with these changes relative to the 2023 Final Rule (
                        <E T="03">i.e.,</E>
                         software development costs or savings associated with removing the 2023 Final Rule requirement to determine a vehicle's average speed and then assign a specific derate schedule based on that speed). (C-28).
                    </P>
                    <P>29. The EPA is proposing to retain the provision in 40 CFR 1036.111(b)(1) that the first inducement notification will start three hours prior to the tank becoming empty or when the tank is at 2.5 percent full. The EPA is requesting comment on whether this provision should be retained, modified, or not included in revised inducement requirements. (C-29).</P>
                    <P>30. The EPA is requesting comment on several aspects of the proposed requirements for audible notifications as shown in Table V-1. The EPA requests comment on advantages and disadvantages to creating a separate audible notification schedule for DEF level. The EPA requests comment on the audible notification length, including whether it should last for more or less than 90 seconds each time. The EPA is requesting comment on the frequency of the notifications, including whether more or less frequent notifications would be appropriate for demonstrating that operators are reasonably likely to take appropriate action, including but not limited to whether the notification should be only at key-on or if there should be a certain number of notifications during a single trip. The EPA requests comment on whether audible notifications are helpful in addition to visible notifications as a prompt for operators to refill DEF or take other action to maintain SCR systems. The EPA requests comment on whether visible notification should be continuously illuminated or whether a flashing indicator would be more effective. The EPA requests comment on whether visible and/or audible notifications are inadequate for providing a reasonable assurance that operators will provide a supply of quality DEF in tanks and not tamper with SCR systems. The EPA requests comment on whether the regulation should preserve a more modest schedule of performance derates than specified in the 2023 Final Rule to prompt operators to take action or derates similar to the schedules the Agency included in the August 2025 guidance. For example, the regulation could keep the derate schedule as adopted in 40 CFR 1036.111 for low-speed, medium-speed, and high-speed vehicles, but apply only one or two derate steps after detecting an inducement triggering condition. Finally, the EPA requests comment on whether changes to notifications and derates should lead the Agency to include more or different criteria in the list of inducement triggering conditions. (C-30).</P>
                    <P>31. The EPA is proposing to amend 40 CFR 1036.111(e) to replace references to “derates” with “visible and/or audible notifications,” and to remove paragraph (e)(3) that requires restarting derates at the same point in the derate schedule for inducement triggering conditions that recur after less than 40 hours of engine operation. If the EPA retained paragraph (e)(3) for the audible notification schedule in Table V-1, a recurring inducement condition could trigger an audible notification at the final frequencies of one notification every 1-3 hours. By removing the recurring fault requirement, the proposed audible notifications would occur at the more frequent initial levels. The EPA is requesting comment on whether this provision should instead be retained or modified. (C-31).</P>
                    <P>32. The EPA is proposing to clarify that manufacturers may continue to use engine derates to protect the engine or aftertreatment systems from catastrophic damage. The EPA is requesting comment on whether this proposal should be more or less restrictive. (C-32).</P>
                    <P>33. The EPA recognizes that manufacturers have been working toward designing their heavy-duty diesel engines and vehicles with inducement requirements as adopted in the 2023 Final Rule. This proposal retains the general requirements specified in 40 CFR 1036.110 and 1036.111 for MYs 2027 and 2028. The EPA requests comment on the potential need to provide additional lead-time for implementing the proposed inducement changes, specifically if the Agency should, instead, require this change by MY 2030 or MY 2031. At the same time, the EPA is interested in accelerating the change to the long-term approach described in this proposal. Toward that end, the EPA requests comment on adjustments or simplifications to the inducement provisions adopted in the 2023 Final Rule that engine and vehicle manufacturers could apply before MY 2029, considering the need for sufficient time to implement such changes. (C-33).</P>
                    <P>
                        34. The EPA is requesting comment on the feasibility of DEF dosing continuing after a DEF quality warning is enacted (
                        <E T="03">e.g.,</E>
                         if the urea concentration is less than 20 percent). For example, DEF with a low concentration of urea may still provide NO
                        <E T="52">X</E>
                         emission reductions, but there may be a concern for protecting the SCR system from damage if urea concentration is at or near zero as a result of a fluid other than DEF being added to the DEF tank. (C-34).
                    </P>
                    <P>
                        35. In 40 CFR 1036.111(b), the EPA is proposing to specify that systems must detect a fault condition if urea concentration falls below a specified value of 20 percent by weight. The EPA is proposing to allow manufacturers to measure DEF quality either directly with a UQS or indirectly with NO
                        <E T="52">X</E>
                         sensors or some other measurement of a surrogate value. The EPA is proposing that this less precise detection of DEF quality is appropriate because manufacturers are generally able to apply compensation algorithms to account for varying DEF quality above 20 percent. The EPA is requesting comment on the proposed threshold of 20 percent as the urea concentration at which manufacturers would start to notify operators. (C-35).
                    </P>
                    <P>36. The EPA is requesting comment on whether an additional DEF quality check should occur after a specified number of days to address concerns with DEF quality degradation during extended time out of service. (C-36).</P>
                    <P>
                        37. The EPA is proposing to require that manufacturers use good engineering judgment to assess DEF quality promptly after a DEF refill event. The EPA is requesting comment on whether there are other modifications needed to enable this proposal, such as to allow temporary disablement of DEF compensation strategies to give NO
                        <E T="52">X</E>
                         sensors an opportunity to measure DEF quality without the confounding effect of compensation. (C-37).
                    </P>
                    <P>38. This proposal notes several relevant changes with respect to treating DEF quality as an adjustable parameter. The EPA is requesting comment on whether DEF quality should remain an adjustable parameter. (C-38).</P>
                    <P>
                        39. The EPA included a test procedure in guidance CISD-09-04R that manufacturers could use to demonstrate adequate DEF freeze 
                        <PRTPAGE P="43217"/>
                        protection. The EPA is proposing to include a requirement for manufacturers to design their systems with freeze protection. The EPA is requesting comment on whether there are changes that may improve the freeze protection test procedure, such as more or less time in soak or to thaw DEF, more or less time spent at idle, time at engine load, and percent engine load, or if there is an alternative procedure that would be more effective. (C-39).
                    </P>
                    <P>40. The EPA is proposing to amend 40 CFR 1036.111 to allow manufacturers to temporarily disable the audible notifications proposed in section V.C of this preamble when the ambient temperature is below 12 °F (the freezing point of DEF). Under this proposed allowance, manufacturers would be expected to restore the audible notifications after ambient temperatures rise to a level that allows reliable system monitoring. The EPA is proposing to require restarting audible notifications for inducement triggering conditions when ambient temperatures rise to 32 °F, and that this temperature allowance should be revisited at each key-on event. The EPA requests comment on this approach and other approaches the Agency should consider to address SCR reliability in cold weather conditions, including but not limited to geographic-based or application-based exemptions or different ambient temperature thresholds. (C-40).</P>
                    <P>41. The EPA is aware that some manufacturers may use DEF for component protection external to the SCR system. Operating the engine with frozen DEF may therefore cause problems of which operators should be aware, aside from the usual concern about supplying DEF for catalyst performance. The EPA requests comment on whether there is a need to continue to require audible notifications to the operator to ensure that they refill DEF or address other issues that may prevent DEF from reaching those components in very cold weather. (C-41).</P>
                    <P>42. The EPA is requesting comment on whether 40 CFR 1036.110 should be modified to acknowledge that, where OBD requirements in the version of CARB's OBD with which the EPA harmonized depend on inducements, engines meeting 40 CFR 1036.111 would be considered to meet any inducement-related requirements included in the Agency's OBD program. (C-42).</P>
                    <P>43. The EPA is requesting comment on the need to revise the example in 40 CFR 1036.110(b) that suggests the Agency may approve an OBD system meeting a later version of CARB's OBD requirements as an alternative specification such that it is not interpreted as precluding earlier versions of CARB OBD requirements as allowable alternatives. (C-43).</P>
                    <P>
                        44. The EPA is concerned that, absent clear requirements for systems with multiple catalysts, the existing requirements in CARB's 2022 OBD update will result in false pass and false fail monitoring decisions. The EPA is therefore requesting comment on realistic expectations for monitoring systems with multiple SCR catalysts and NO
                        <E T="52">X</E>
                         sensors and whether requirements need to be modified to accommodate this new technology without driving false fault codes and burdensome testing with little benefit to operators or the environment. (C-44).
                    </P>
                    <P>
                        45. The EPA expects these proposed revisions to the Agency's SCR inducement requirements for such vehicles and certain nonroad equipment with diesel engines would only require software-based changes, which are considered indirect costs associated with research and development. 
                        <E T="03">See</E>
                         section 3.1.2 of the DRIA for this proposed rule for a discussion on indirect costs. The EPA requests comment on any costs or savings associated with these changes to light-duty, medium-duty, and certain nonroad engines and equipment (
                        <E T="03">i.e.,</E>
                         development costs to harmonize inducement requirements across vehicle classes). (C-45).
                    </P>
                    <P>46. The EPA is requesting comment on all aspects of the proposal to codify provisions for ensuring proper maintenance of SCR systems used with diesel-fueled light-duty and medium-duty vehicles regulated under 40 CFR part 86, subpart S, including the proposal to rely on visible and/or audible notifications for SCR-related inducements. The request for comment on amending the regulation for light-duty and medium-duty vehicles also applies to all the issues and questions identified in the discussion on inducements for heavy-duty engines in section V of this preamble. The EPA is also requesting comment on whether chassis-certified medium-duty vehicles that already meet 40 CFR 1036.111 should be required to meet the in-cab display requirements in 40 CFR 1036.110. (C-46).</P>
                    <P>47. One important distinction for nonroad equipment is the possibility of operation without an operator present at all times. This includes portable equipment, such as generators, fans, and compressors, as well as autonomous vehicles, such as farm equipment. The EPA requests comment on how to design visible and audible notifications that would be effective for unattended equipment operation. For example, engine manufacturers may be able to facilitate a different kind of notification for equipment manufacturers to incorporate into portable equipment, especially with constant-speed engines. (C-47).</P>
                    <P>48. The EPA is requesting comment on all aspects of the proposal to codify provisions for ensuring proper maintenance of SCR systems used with nonroad diesel engines regulated under 40 CFR part 1039, including the proposal to rely on visible and/or audible notifications for SCR-related inducements. (C-48).</P>
                    <P>49. Now that the EPA is proposing to replace derates with audible or visible notifications for new engines and vehicles, there may be greater flexibility to modify in-use engines to conform to the inducement notifications described in this proposed rule. At the same time, retrofitting in-use engines to include specific visible or audible notifications may require a level of development and testing that makes it unrealistic to expect a widespread practice of retrofitting in-use engines or vehicles. The EPA requests comment on the potential to retrofit in-use engines and vehicles with visible and/or audible notifications instead of performance derates. The EPA also requests comment on adapting any new guidance to accommodate specialized concerns, such as operation in Alaska or other areas of extreme cold. (C-49).</P>
                    <P>50. The EPA requests comment on the data and methods, including estimated costs, cost savings, benefits, disbenefits, and transfers, that were applied in the analyses for this proposed rule. The EPA also solicits comment on the assumptions, modeling, and results of potential cost savings and the associated increase in operational cost increase for purchasers. (C-50).</P>
                    <P>51. As described in section XII.J of this preamble, we note that two referenced ASTM standards have been withdrawn: D2986-95a and F1471-09. We request comment on continuing to use these withdrawn standards. In particular, we request comment on referencing any alternative methods to accomplish the intended purpose. (C-51).</P>
                    <HD SOURCE="HD1">XII. Statutory and Executive Order Reviews</HD>
                    <P>
                        Additional information about these statutes and Executive Orders can be found at 
                        <E T="03">www.epa.gov/laws-regulations/laws-and-executive-orders.</E>
                        <PRTPAGE P="43218"/>
                    </P>
                    <HD SOURCE="HD2">A. Executive Order 12866: Regulatory Planning and Review</HD>
                    <P>This proposed action is an economically significant regulatory action as defined under section 3(f)(1) of Executive Order 12866. Accordingly, it was submitted to the Office of Management and Budget (OMB) for review. Any changes made in response to Executive Order 12866 review have been documented in the docket, Docket ID No. EPA-HQ-OAR-2026-0728.</P>
                    <P>The EPA prepared an analysis of the impacts of this proposal on emissions and costs, which is described in detail in the DRIA for this proposed rule. In the DRIA for this proposed rule, the EPA presents an assessment of costs to regulated parties and other expected impacts of the proposed rule.</P>
                    <P>With respect to costs, this proposal projects a net cost savings when reduced warranty costs and operating costs are summed. The present value of cost savings from 2027 to 2055, shown in Table XII-1, is estimated to be $12 billion assuming a 3-percent discount rate and $9.4 billion assuming a 7-percent discount rate (2024 dollars). The annualized value of cost savings from 2027 to 2055 is estimated to be $640 million assuming a 3-percent discount rate and $770 million assuming a 7-percent discount rate (2024 dollars). This analysis is described further in section VI of this preamble and Chapter 3 of the DRIA for this proposed rule.</P>
                    <GPH SPAN="3" DEEP="77">
                        <GID>EP14JY26.020</GID>
                    </GPH>
                    <P>
                        The proposed program amendments could result in increased emissions (
                        <E T="03">see</E>
                         section VII of this preamble and Chapter 2 of the DRIA for this proposed rule). Increased emissions could also be associated with impacts to air quality, human health, and welfare. As noted in section IX of this preamble, the EPA did not quantify or monetize the health effects associated with emissions changes. The monetized net benefits associated with this proposal are therefore the cost savings presented in Table XII-1. A qualitative description of the human health and welfare effects related to emissions changes associated with this proposal is provided in Chapter 5 of the DRIA for this proposed rule.
                    </P>
                    <HD SOURCE="HD2">B. Executive Order 14192: Unleashing Prosperity Through Deregulation</HD>
                    <P>This action is expected to be an Executive Order 14192 deregulatory action because the action is expected to result in cost savings.</P>
                    <HD SOURCE="HD2">C. Paperwork Reduction Act (PRA)</HD>
                    <P>The information collection activities in this proposed rule have been submitted for approval to OMB under the PRA. The Information Collection Request (ICR) document that the EPA prepared has been assigned EPA ICR number 7819.01, OMB Control Number 2060-NEW. You can find a copy of the ICR in the docket for this rule, and it is briefly summarized here.</P>
                    <P>The EPA is proposing targeted revisions to the 2023 Final Rule to support implementation of the MYs 2027 and later heavy-duty engine emissions program and to reduce the cost of the program. The proposed changes include continuing the MYs 2026 and earlier warranty periods for MYs 2027 and later engines, delaying the implementation of the MY 2027 useful life periods by three years, revising some targeted ABT credit flexibilities, and revising the SCR inducement requirements for diesel heavy-duty engines. These provisions do not have information collection impacts as the information is already collected under EPA ICR 1684.21, OMB Control Number 2060-0287, and EPA ICR 2621.02, OMB Control Number 2060-0741. The EPA is also proposing discrete revisions to correct and/or clarify certain identified regulatory provisions, which also do not have information collection impacts. Finally, the EPA is proposing to make NCPs available for MY 2027 Medium HDEs and Heavy HDEs. NCPs allow manufacturers to introduce into commerce engines that fail to conform to certain emission standards upon payment of a monetary penalty. The information collection impacts of this program element are described below and in greater detail in the draft ICR Supporting Statement, which can be found in the docket for this rule.</P>
                    <P>
                        <E T="03">Respondents/affected entities:</E>
                         Manufacturers of Medium HDE and Heavy HDE.
                    </P>
                    <P>
                        <E T="03">Respondent's obligation to respond:</E>
                         Regulated entities must respond to this collection if they wish to sell their products in the United States, as prescribed by CAA section 203(a). This rule proposes to relieve manufacturers of the burden to provide certain information to the EPA as part of their annual MY vehicle certification under CAA section 208(a), which is required prior to entering vehicles into commerce. Participation in some programs is voluntary, but once a manufacturer has elected to participate, it must submit the required information.
                    </P>
                    <P>
                        <E T="03">Estimated number of respondents:</E>
                         2.
                    </P>
                    <P>
                        <E T="03">Frequency of response:</E>
                         Annually or on occasion, depending on the type of response.
                    </P>
                    <P>
                        <E T="03">Total estimated burden:</E>
                         282 hours (per year). Burden is defined at 5 CFR 1320.3(b).
                    </P>
                    <P>
                        <E T="03">Total estimated cost:</E>
                         $84,285 per year, which includes an estimated $50,870 from the combination of annualized capital and operation and maintenance costs, and $33,415 for labor costs.
                    </P>
                    <P>An agency may not conduct or sponsor, and a person is not required to respond to, an ICR unless it displays a currently valid OMB control number. The OMB control numbers for the EPA's regulations in 40 CFR are listed in 40 CFR part 9.</P>
                    <P>
                        Submit your comments on the EPA's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden to the Agency using the docket identified at the beginning of this proposed rule. The EPA will respond to any ICR-related comments in the final rule. You may also send your ICR-related comments to OMB's Office of Information and Regulatory Affairs using the interface at 
                        <E T="03">http://www.reginfo.gov/public/do/PRAMain.</E>
                         Find this particular ICR by selecting “Currently under Review—Open for Public Comments” or by using the search function. OMB must receive comments no later than August 13, 2026.
                        <PRTPAGE P="43219"/>
                    </P>
                    <HD SOURCE="HD2">D. Regulatory Flexibility Act (RFA)</HD>
                    <P>I certify that this proposed action would not have a significant economic impact on a substantial number of small entities under the RFA. In making this determination, the EPA concludes that the impact of concern for this rule is any significant adverse economic impact on small entities and that the Agency is certifying that this proposed rule will not have a significant economic impact on a substantial number of small entities because the rule relieves regulatory burden on the small entities subject to the rule.</P>
                    <P>The regulated entities that are subject to the regulations the EPA is proposing to revise in this rule are heavy-duty engine manufacturers, alternative fuel converters, and independent commercial importers subject to criteria emissions standards for engines. Vehicle manufacturers that add features to incomplete vehicles are not subject to the proposed regulations because the incomplete vehicles they are finishing are already certified. Therefore, these vehicle manufacturers are not subject to the standards. The EPA identified two small alternative fuel engine converters subject to the proposed rule; none of the eleven engine manufacturers or importers subject to the rule are small. The EPA is certifying that this proposed action would not have a significant economic impact on a substantial number of small entities because the proposed action would relieve regulatory burden on all entities, including all small entities, subject to the current rules. The proposed changes include shortening emission-related warranty periods, delaying increased regulatory useful life periods, and simplifying engine DEF inducement requirements. The proposal also includes two flexibility provisions, production volume allowances and NCPs, that would also reduce costs. Finally, the proposed regulatory amendments clarify and streamline various regulatory provisions. The EPA does not anticipate that there would be any significant adverse economic impact on directly regulated small entities as a result of these revisions. The EPA has therefore concluded that this proposed action would, if finalized, relieve regulatory burden for all directly regulated small entities.</P>
                    <HD SOURCE="HD2">E. Unfunded Mandates Reform Act (UMRA)</HD>
                    <P>This action does not contain an unfunded mandate of $100 million or more (in 1995 dollars) as described in UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect small governments. This action imposes no enforceable duty on any State, local, or Tribal governments. Requirements for the private sector do not exceed $100 million in any one year.</P>
                    <HD SOURCE="HD2">F. Executive Order 13132: Federalism</HD>
                    <P>This action does not have federalism implications. It will not have substantial direct effects on the States, the relationship between the national government and the States, or the distribution of power and responsibilities among the various levels of government.</P>
                    <HD SOURCE="HD2">G. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments</HD>
                    <P>
                        This proposed action would not have Tribal implications as specified in Executive Order 13175. This proposed action includes targeted amendments to the EPA's heavy-duty highway engine regulations for MY 2027 and later, and proposes to make NCPs available to manufacturers of Medium HDE and Heavy HDE beginning in MY 2027. In addition, the EPA proposes to amend the requirements for SCR system inducement provisions for newly manufactured diesel-fueled highway engines and vehicles (
                        <E T="03">i.e.,</E>
                         light- and medium-duty vehicles and heavy-duty engines) and nonroad engines and equipment. If finalized, it would not have substantial direct effects on Tribal governments, the relationship between the Federal government and Indian Tribes, or the distribution of power and responsibilities between the Federal government and Indian Tribes, as specified in Executive Order 13175. Thus, Executive Order 13175 does not apply to this proposed action. However, consistent with the EPA's Policy on Consultation and Coordination with Indian Tribes, the Agency plans to continue engaging with Tribal stakeholders in the development of this rulemaking by offering government-to-government consultation upon request.
                    </P>
                    <HD SOURCE="HD2">H. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks</HD>
                    <P>Executive Order 13045 directs Federal agencies to include an evaluation of the health and safety effects of proposed regulations on children in Federal health and safety standards and explain why the regulation is preferable to potentially effective and reasonably feasible alternatives. This action is subject to Executive Order 13045 because it is an economically significant regulatory action under Executive Order 12866 section 3(f)(1) and the EPA believes the environmental health or safety risks of the pollutants impacted by this action may have a disproportionate effect on children. Accordingly, the EPA evaluated the environmental health or safety effects on children of air pollutants affected by this action.</P>
                    <P>Children are not expected to experience greater ambient concentrations of air pollutants than the general population. However, children are more susceptible than adults to air pollution and children tend to spend increased time outdoors. Children make up a substantial fraction of the United States population and often have unique factors that contribute to their increased risk of experiencing a health effect from exposures to ambient air pollutants because of their continuous growth and development. Children are more susceptible than adults to many air pollutants because they have (1) a developing respiratory system, (2) increased ventilation rates relative to body mass compared with adults, (3) an increased proportion of oral breathing, particularly in boys, relative to adults, and (4) behaviors that increase chances for exposure. Even before birth, the developing fetus may be exposed to air pollutants through the mother that affect development when the mother is exposed. A qualitative description of the human health and welfare effects related to emissions changes associated with this proposal is provided in Chapter 5 of the DRIA for this proposed rule. Furthermore, the Policy on Children's Health also applies to this action.</P>
                    <HD SOURCE="HD2">I. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use</HD>
                    <P>This action is not a “significant energy action” because it is not likely to have a significant adverse effect on the supply, distribution, or use of energy. Further, the EPA has concluded that this action is not likely to have any adverse energy effects because these amendments generally are intended to reduce the regulatory costs, support the implementation of new regulatory requirements, add clarity to the regulatory compliance provisions and correct errors in the regulations.</P>
                    <HD SOURCE="HD2">J. National Technology Transfer and Advancement Act (NTTAA) and 1 CFR Part 51</HD>
                    <P>
                        This action involves technical standards. The EPA proposes to use new or updated standards from ASTM International, the American National Standards Institute, and SAE International, as described in the tables 
                        <PRTPAGE P="43220"/>
                        of this section. Except for the standards discussed in this section, the standards included in the regulatory text as incorporated by reference were all previously approved for incorporation by reference and no change is included in this action.
                    </P>
                    <P>
                        In accordance with the requirements of 1 CFR 51.5, the EPA is proposing to incorporate by reference the use of certain standards and test methods from ASTM International. The referenced standards and test methods may be obtained from ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA, 19428-2959, (610) 832-9585, or 
                        <E T="03">www.astm.org.</E>
                         The EPA is proposing to incorporate by reference the following standards from ASTM International:
                    </P>
                    <BILCOD>BILLING CODE 6560-50-P</BILCOD>
                    <GPH SPAN="3" DEEP="640">
                        <PRTPAGE P="43221"/>
                        <GID>EP14JY26.021</GID>
                    </GPH>
                    <GPH SPAN="3" DEEP="640">
                        <PRTPAGE P="43222"/>
                        <GID>EP14JY26.022</GID>
                    </GPH>
                    <GPH SPAN="3" DEEP="636">
                        <PRTPAGE P="43223"/>
                        <GID>EP14JY26.023</GID>
                    </GPH>
                    <GPH SPAN="3" DEEP="149">
                        <PRTPAGE P="43224"/>
                        <GID>EP14JY26.024</GID>
                    </GPH>
                    <BILCOD>BILLING CODE 6560-50-C</BILCOD>
                    <P>If ASTM adopts an updated version of the referenced standards, the EPA would expect to reference the most recent version in the final rule. We note, however, that we intend to maintain consistency in the referenced versions of ASTM documents that also appear in 40 CFR part 1090, which establishes standards for in-use gasoline and diesel fuel. The overlapping ASTM standards include: D86, D975, D976, D1298, D1319, D2163, D2622, D3231, D3237, D4052, D5186, D5191, D5453, D5599, D5769, D6550, D6667. We also note that two referenced ASTM standards have been withdrawn: D2986-95a and F1471-09. We request comment on continuing to use these withdrawn standards. In particular, we request comment on referencing any alternative methods to accomplish the intended purpose. (C-51).</P>
                    <P>
                        In accordance with the requirements of 1 CFR 51.5, the EPA is proposing to incorporate by reference the use of certain standards and test methods from the American National Standards Institute (ANSI). The referenced standards and test methods may be obtained from ANSI, 25 W 43rd Street, 4th Floor, New York, NY 10036, (212) 642-4900, or 
                        <E T="03">www.ansi.org.</E>
                         The EPA is proposing to incorporate by reference the following standard from ANSI:
                    </P>
                    <GPH SPAN="3" DEEP="66">
                        <GID>EP14JY26.025</GID>
                    </GPH>
                    <P>
                        In accordance with the requirements of 1 CFR 51.5, the EPA is proposing to incorporate by reference the use of certain standards and test methods from SAE International. The referenced standards and test methods may be obtained from SAE International, 400 Commonwealth Dr., Warrendale, PA 15096-0001, (877) 606-7323 (U.S. and Canada) or (724) 776-4970 (outside the U.S. and Canada), or 
                        <E T="03">www.sae.org.</E>
                         The EPA is proposing to incorporate by reference the following standard from ASTM International:
                    </P>
                    <GPH SPAN="3" DEEP="57">
                        <GID>EP14JY26.026</GID>
                    </GPH>
                    <P>The following standards appear in the amendatory text of this document and have already been approved for the locations in which they appear: 13 CCR 1968.2, 13 CCR 1971.1, NIST Technical Note 1297. No changes are proposed to the IBR material.</P>
                    <HD SOURCE="HD1">XIII. Statutory Provisions and Legal Authority</HD>
                    <P>Statutory authority for this proposed action comes from the CAA (42 U.S.C. 7401-7675).</P>
                    <LSTSUB>
                        <HD SOURCE="HED">List of Subjects</HD>
                        <CFR>40 CFR Part 86</CFR>
                        <P>Environmental protection, Administrative practice and procedure, Confidential business information, Incorporation by reference, Labeling, Motor vehicle pollution, Reporting and recordkeeping requirements.</P>
                        <CFR>40 CFR Part 1036</CFR>
                        <P>Environmental protection, Administrative practice and procedure, Air pollution control, Confidential business information, Greenhouse gases, Labeling, Incorporation by reference, Motor vehicle pollution, Reporting and recordkeeping requirements, Warranties.</P>
                        <CFR>40 CFR Part 1037</CFR>
                        <P>
                            Environmental protection, Administrative practice and procedure, Air pollution control, Confidential business information, Incorporation by reference, Labeling, Motor vehicle pollution, Reporting and recordkeeping requirements, Warranties.
                            <PRTPAGE P="43225"/>
                        </P>
                        <CFR>40 CFR Part 1039</CFR>
                        <P>Administrative practice and procedure, Air pollution control, Confidential business information, Imports, Labeling, Penalties, Reporting and recordkeeping requirements, Warranties.</P>
                        <CFR>40 CFR Part 1065</CFR>
                        <P>Environmental protection, Administrative practice and procedure, Air pollution control, Incorporation by reference, Reporting and recordkeeping requirements, Research.</P>
                        <CFR>40 CFR Part 1071</CFR>
                        <P>Environmental protection, Administrative practice and procedure, Air pollution control, Penalties, Reporting and recordkeeping requirements.</P>
                    </LSTSUB>
                    <SIG>
                        <NAME>Lee Zeldin,</NAME>
                        <TITLE>Administrator.</TITLE>
                    </SIG>
                    <P>
                        For the reasons stated in the preamble, the U.S. Environmental Protection Agency proposes to amend title 40, chapter I, of 
                        <E T="03">The Code of Federal Regulations</E>
                         as follows:
                    </P>
                    <PART>
                        <HD SOURCE="HED">PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES</HD>
                    </PART>
                    <AMDPAR>1. The authority citation for part 86 continues to read as follows:</AMDPAR>
                    <AUTH>
                        <HD SOURCE="HED">Authority:</HD>
                        <P> 42 U.S.C. 7401-7671q.</P>
                    </AUTH>
                    <AMDPAR>2. Amend § 86.1 by revising the introductory text and paragraphs (a) and (b) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 86.1 </SECTNO>
                        <SUBJECT>Incorporation by reference.</SUBJECT>
                        <P>
                            Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that specified in this section, EPA must publish a document in the 
                            <E T="04">Federal Register</E>
                             and the material must be available to the public. All approved incorporation by reference (IBR) material is available for inspection at EPA and at the National Archives and Records Administration (NARA). Contact EPA at: U.S. EPA, Air and Radiation Docket Center, WJC West Building, Room 3334, 1301 Constitution Ave. NW, Washington, DC 20004; 
                            <E T="03">www.epa.gov/dockets;</E>
                             (202) 202-1744. For information on inspecting this material at NARA, visit 
                            <E T="03">www.archives.gov/federal-register/cfr/ibr-locations</E>
                             or email 
                            <E T="03">fr.inspection@nara.gov.</E>
                             The material may be obtained from the following sources:
                        </P>
                        <P>
                            (a) 
                            <E T="03">ASTM International (ASTM).</E>
                             ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA, 19428-2959; (610) 832-9585; 
                            <E T="03">www.astm.org</E>
                        </P>
                        <P>(1) ASTM C1549-09, Standard Test Method for Determination of Solar Reflectance Near Ambient Temperature Using a Portable Solar Reflectometer, approved August 1, 2009 (“ASTM C1549”); IBR approved for § 86.1869-12(b).</P>
                        <P>(2) ASTM D86-23ae2, Standard Test Method for Distillation of Petroleum Products at Atmospheric Pressure, approved December 1, 2023 (“ASTM D86”); IBR approved for §§ 86.113-04(a); 86.113-94(b); 86.213(a); 86.513(a).</P>
                        <P>(3) ASTM D93-26, Standard Test Methods for Flash Point by Pensky-Martens Closed Cup Tester, approved March 1, 2026 (“ASTM D93”); IBR approved for § 86.113-94(b).</P>
                        <P>(4) ASTM D445-24, Standard Test Method for Kinematic Viscosity of Transparent and Opaque Liquids (and Calculation of Dynamic Viscosity), approved April 1, 2024 (“ASTM D445”); IBR approved for § 86.113-94(b).</P>
                        <P>(5) ASTM D613-25a, Standard Test Method for Cetane Number of Diesel Fuel Oil, approved November 1, 2025 (“ASTM D613”); IBR approved for § 86.113-94(b).</P>
                        <P>(6) ASTM D975-24a, Standard Specification for Diesel Fuel Oils, approved August 1, 2024 (“ASTM D975”); IBR approved for § 86.1910(c).</P>
                        <P>(7) ASTM D976-21e1, Standard Test Method for Calculated Cetane Index of Distillate Fuels, approved November 1, 2021(“ASTM D976”); IBR approved for § 86.113-94(b).</P>
                        <P>(8) ASTM D1319-20a, Standard Test Method for Hydrocarbon Types in Liquid Petroleum Products by Fluorescent Indicator Adsorption, approved August 1, 2020 (“ASTM D1319”); IBR approved for §§ 86.113-04(a); 86.213(a); 86.513(a).</P>
                        <P>(9) ASTM D1945-25, Standard Test Method for Analysis of Natural Gas by Gas Chromatography, approved December 1, 2019 (“ASTM D1945”); IBR approved for §§ 86.113-94(e); 86.513(d).</P>
                        <P>(10) ASTM D2163-23e1, Standard Test Method for Determination of Hydrocarbons in Liquefied Petroleum (LP) Gases and Propane/Propene Mixtures by Gas Chromatography, approved March 1, 2023 (“ASTM D2163”); IBR approved for §§ 86.113-94(f).</P>
                        <P>(11) ASTM D2622-24, Standard Test Method for Sulfur in Petroleum Products by Wavelength Dispersive X-ray Fluorescence Spectrometry, approved July 1, 2024 (“ASTM D2622”); IBR approved for §§ 86.113-04(a); 86.113-94(b); 86.213(a); 86.513(a).</P>
                        <P>(12) ASTM D2699-25, Standard Test Method for Research Octane Number of Spark-Ignition Engine Fuel, approved November 1, 2025 (“ASTM D2699”); IBR approved for §§ 86.113-04(a); 86.213(a).</P>
                        <P>(13) ASTM D2700-26, Standard Test Method for Motor Octane Number of Spark-Ignition Engine Fuel, approved May 1, 2026 (“ASTM D2700”); IBR approved for §§ 86.113-04(a); 86.213(a).</P>
                        <P>(14) ASTM D3231-25, Standard Test Method for Phosphorus in Gasoline, approved May 1, 2025 (“ASTM D3231”); IBR approved for §§ 86.113-04(a); 86.213(a); 86.513(a).</P>
                        <P>(15) ASTM D3237-22, Standard Test Method for Lead in Gasoline by Atomic Absorption Spectroscopy, approved October 1, 2022 (“ASTM D3237”); IBR approved for §§ 86.113-04(a); 86.213(a); 86.513(a).</P>
                        <P>(16) ASTM D4052-22, Standard Test Method for Density, Relative Density, and API Gravity of Liquids by Digital Density Meter, approved May 1, 2022 (“ASTM D4052”); IBR approved for § 86.113-94(b).</P>
                        <P>(17) ASTM D5186-24, Standard Test Method for Determination of the Aromatic Content and Polynuclear Aromatic Content of Diesel Fuels and Aviation Turbine Fuels by Supercritical Fluid Chromatography, approved July 1, 2024 (“ASTM D5186”); IBR approved for § 86.113-94(b).</P>
                        <P>(18) ASTM D5191-22, Standard Test Method for Vapor Pressure of Petroleum Products (Mini Method), approved July 1, 2022 (“ASTM D5191”); IBR approved for §§ 86.113-04(a); 86.213(a); 86.513(a).</P>
                        <P>(19) ASTM D5769-25, Standard Test Method for Determination of Benzene, Toluene, and Total Aromatics in Finished Gasolines by Gas Chromatography/Mass Spectrometry, approved October 1, 2025 (“ASTM 5769”); IBR approved for §§ 86.113-04(a); 86.213(a); 86.513(a).</P>
                        <P>(20) ASTM D6550-25, Standard Test Method for Determination of Olefin Content of Gasolines by Supercritical-Fluid Chromatography, approved October 1, 2025 (“ASTM D6550”); IBR approved for §§ 86.113-04(a); 86.213(a); 86.513(a).</P>
                        <P>(21) ASTM E29-93a, Standard Practice for Using Significant Digits in Test Data to Determine Conformance with Specifications, approved March 15, 1993 (“ASTM E29”); IBR approved for §§ 86.004-15(c); 86.007-11(a); 86.007- 15(m); 86.1803-01.</P>
                        <P>
                            (22) ASTM E903-96, Standard Test Method for Solar Absorptance, Reflectance, and Transmittance of Materials Using Integrating Spheres, approved April 10, 1996 (“ASTM E903”); IBR approved for § 86.1869-12(b).
                            <PRTPAGE P="43226"/>
                        </P>
                        <P>(23) ASTM E1918-06, Standard Test Method for Measuring Solar Reflectance of Horizontal and Low-Sloped Surfaces in the Field, approved August 15, 2006 (“ASTM E1918”); IBR approved for § 86.1869-12(b).</P>
                        <P>
                            (b) 
                            <E T="03">American National Standards Institute (ANSI)</E>
                            . American National Standards Institute, 25 W 43rd Street, 4th Floor, New York, NY 10036; (212) 642-4900; 
                            <E T="03">www.ansi.org.</E>
                        </P>
                        <P>(1) CSA/ANSI NGV1:22, Compressed Natural Gas Vehicle (NGV) Fuelling Connection Devices, Fourth edition, published December 2022; IBR approved for § 86.1813-17(f).</P>
                        <P>(2) [Reserved]</P>
                        <STARS/>
                    </SECTION>
                    <AMDPAR>3. Amend § 86.010-18 by adding paragraph (n)(4) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 86.010-18 </SECTNO>
                        <SUBJECT>On-board Diagnostics for engines used in applications greater than 14,000 pounds GVWR.</SUBJECT>
                        <STARS/>
                        <P>(n) * * *</P>
                        <P>(4) For model year 2027 and later engines meeting the requirements of this section under 40 CFR 1036.150(k) or 1071.80, manufacturers may continue to use approved deficiencies through model year 2029.</P>
                        <STARS/>
                    </SECTION>
                    <SUBPART>
                        <HD SOURCE="HED">Subpart L—[Removed and Reserved]</HD>
                    </SUBPART>
                    <AMDPAR>4. Remove and reserve subpart L, consisting of §§ 86.1101-87 through 86.1117.</AMDPAR>
                    <AMDPAR>5. Amend § 86.1810-17 by adding paragraph (l) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 86.1810-17</SECTNO>
                        <SUBJECT> General requirements.</SUBJECT>
                        <STARS/>
                        <P>(l) Diesel-fueled vehicles must meet SCR-related design and maintenance provisions as specified in 40 CFR 1036.111 and 1036.115(i) starting no later than model year 2029.</P>
                    </SECTION>
                    <AMDPAR>6. Amend § 86.1813-17 by revising paragraph (f)(1) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 86.1813-17</SECTNO>
                        <SUBJECT> Evaporative and refueling emission standards.</SUBJECT>
                        <STARS/>
                        <P>(f) * * *</P>
                        <P>(1) Compressed natural gas vehicles must meet the requirements for fueling connection devices as specified in CSA/ANSI NGV 1:22 (incorporated by reference, see § 86.1).</P>
                        <STARS/>
                    </SECTION>
                    <AMDPAR>7. Amend § 86.1844-01 by adding paragraph (d)(22) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 86.1844-01 </SECTNO>
                        <SUBJECT>Information requirements: Application for certification and submittal of information upon request.</SUBJECT>
                        <STARS/>
                        <P>(d) * * *</P>
                        <P>(22) For vehicles using SCR, describe the following design features:</P>
                        <P>(i) Audible and visual signals required under § 1039.111(c).</P>
                        <P>(ii) Compensation algorithms required under § 1039.115(h)(2).</P>
                        <STARS/>
                    </SECTION>
                    <PART>
                        <HD SOURCE="HED">PART 1036—CONTROL OF EMISSIONS FROM NEW AND IN-USE HEAVY-DUTY HIGHWAY ENGINES</HD>
                    </PART>
                    <AMDPAR>8. The authority citation for part 1036 continues to read as follows:</AMDPAR>
                    <AUTH>
                        <HD SOURCE="HED">Authority:</HD>
                        <P> 42 U.S.C. 7401-7671q.</P>
                    </AUTH>
                    <AMDPAR>9. Amend § 1036.15 by revising paragraph (d)(6) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1036.15 </SECTNO>
                        <SUBJECT>Other applicable regulations.</SUBJECT>
                        <STARS/>
                        <P>(d) * * *</P>
                        <P>(6) Defect reporting and recall.</P>
                        <STARS/>
                    </SECTION>
                    <AMDPAR>10. Amend § 1036.101 by revising paragraph (b) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1036.101 </SECTNO>
                        <SUBJECT>Overview of exhaust emission standards.</SUBJECT>
                        <STARS/>
                        <P>(b) You may optionally test hybrid powertrains, rather than testing the engine alone, but only if you use powertrain testing to demonstrate compliance with all requirements in this part 1036. Except as specified, provisions of this part that reference engines apply equally to hybrid powertrains.</P>
                    </SECTION>
                    <AMDPAR>11. Amend § 1036.104 by revising paragraphs (a)(3), (b), (c)(1), and (e) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1036.104 </SECTNO>
                        <SUBJECT>
                            Criteria pollutant emission standards—NO
                            <E T="52">X</E>
                            , HC, PM, and CO.
                        </SUBJECT>
                        <STARS/>
                        <P>(a) * * *</P>
                        <P>(3) The following off-cycle emission standards apply for Light HDE, Medium HDE, and Heavy HDE using the procedures specified in § 1036.530, as follows:</P>
                        <GPOTABLE COLS="6" OPTS="L2,i1" CDEF="s25,r25,r50,12,12,12">
                            <TTITLE>
                                Table 3 to Paragraph (
                                <E T="01">a</E>
                                )(3) of § 1036.104—Compression-Ignition Standards for Off-Cycle Testing
                            </TTITLE>
                            <BOXHD>
                                <CHED H="1">Off-cycle bin</CHED>
                                <CHED H="1">
                                    NO
                                    <E T="0732">X</E>
                                </CHED>
                                <CHED H="1">
                                    Temperature-based adjustment for
                                    <LI>
                                        NO
                                        <E T="0732">X</E>
                                         a
                                    </LI>
                                </CHED>
                                <CHED H="1">
                                    HC
                                    <LI>mg/hp·hr</LI>
                                </CHED>
                                <CHED H="1">
                                    PM
                                    <LI>mg/hp·hr</LI>
                                </CHED>
                                <CHED H="1">
                                    CO
                                    <LI>g/hp·hr</LI>
                                </CHED>
                            </BOXHD>
                            <ROW>
                                <ENT I="01">Bin 1</ENT>
                                <ENT>10.0 g/hr</ENT>
                                <ENT>
                                    (25.0−
                                    <E T="7503">T</E>
                                    <E T="0732">amb</E>
                                    ) .0.25
                                </ENT>
                                <ENT/>
                                <ENT/>
                                <ENT/>
                            </ROW>
                            <ROW>
                                <ENT I="01">Bin 2</ENT>
                                <ENT>58 mg/hp•hr</ENT>
                                <ENT>
                                    (25.0−
                                    <E T="7503">T</E>
                                    <E T="0732">amb</E>
                                    ) .2.2
                                </ENT>
                                <ENT>120</ENT>
                                <ENT>7.5</ENT>
                                <ENT>9</ENT>
                            </ROW>
                            <TNOTE>
                                <SU>a </SU>
                                 
                                <E T="7503">T</E>
                                <E T="0732">amb</E>
                                is the mean ambient temperature, in °C, over a shift-day, or equivalent. Adjust the off-cycle NO
                                <E T="0732">X</E>
                                 standard for 
                                <E T="7503">T</E>
                                <E T="0732">amb</E>
                                 below 25.0 °C by adding the calculated temperature adjustment to the specified NO
                                <E T="0732">X</E>
                                 standard (in g/hr for Bin 1 and mg/hp. · hr for Bin 2). Round the temperature adjustment to the same precision as the NO
                                <E T="0732">X</E>
                                 standard for the appropriate bin. If you declare a NO
                                <E T="0732">X</E>
                                 FEL for the engine family, do not apply the FEL scaling calculation from paragraph (c)(3) of this section to the calculated temperature adjustment.
                            </TNOTE>
                        </GPOTABLE>
                        <P>
                            (b) 
                            <E T="03">Clean Idle.</E>
                             You may optionally certify compression-ignition engines to the Clean Idle NO
                            <E T="52">X</E>
                             emission standard using the Clean Idle test specified in § 1036.525. The optional Clean Idle NO
                            <E T="52">X</E>
                             emission standard is 30.0 g/hr for model years 2024 through 2026, and 10.0 g/hr for model year 2027 and later. The standard applies separately to each mode of the Clean Idle test. If you certify an engine family to the Clean Idle standards, it is subject to all these voluntary standards as if they were mandatory.
                        </P>
                        <P>(c) * * *</P>
                        <P>
                            (1) To generate or use emission credits, you must specify a family emission limit for each engine family. Declare the family emission limit corresponding to useful life for engine operation over the FTP duty cycle, FEL
                            <E T="52">FTP</E>
                            , expressed to the same number of decimal places as the emission standard. Use FEL
                            <E T="52">FTP</E>
                             to calculate emission credits in subpart H of this part.
                        </P>
                        <STARS/>
                        <P>
                            (e) 
                            <E T="03">Useful life.</E>
                             The exhaust emission standards of this section apply for the useful life, expressed in vehicle miles, or hours of engine operation, or years in service, whichever comes first, as follows:
                            <PRTPAGE P="43227"/>
                        </P>
                        <GPOTABLE COLS="7" OPTS="L2,i1" CDEF="s50,9,9,9,9,9,9">
                            <TTITLE>
                                Table 4 to Paragraph (
                                <E T="01">e</E>
                                ) of § 1036.104—Useful life by Primary Intended Service Class
                            </TTITLE>
                            <BOXHD>
                                <CHED H="1">
                                    Primary intended
                                    <LI>service class</LI>
                                </CHED>
                                <CHED H="1">
                                    Model year
                                    <LI>2029 and earlier</LI>
                                </CHED>
                                <CHED H="2">Miles</CHED>
                                <CHED H="2">Years</CHED>
                                <CHED H="2">Hours</CHED>
                                <CHED H="1">
                                    Model year
                                    <LI>2030 and later</LI>
                                </CHED>
                                <CHED H="2">Miles</CHED>
                                <CHED H="2">Years</CHED>
                                <CHED H="2">Hours</CHED>
                            </BOXHD>
                            <ROW>
                                <ENT I="01">Spark-ignition HDE</ENT>
                                <ENT>110,000</ENT>
                                <ENT>10</ENT>
                                <ENT/>
                                <ENT>200,000</ENT>
                                <ENT>15</ENT>
                                <ENT>10,000</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Light HDE</ENT>
                                <ENT>110,000</ENT>
                                <ENT>10</ENT>
                                <ENT/>
                                <ENT>270,000</ENT>
                                <ENT>15</ENT>
                                <ENT>13,000</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Medium HDE</ENT>
                                <ENT>185,000</ENT>
                                <ENT>10</ENT>
                                <ENT/>
                                <ENT>350,000</ENT>
                                <ENT>12</ENT>
                                <ENT>17,000</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Heavy HDE</ENT>
                                <ENT>435,000</ENT>
                                <ENT>10</ENT>
                                <ENT>22,000</ENT>
                                <ENT>650,000</ENT>
                                <ENT>11</ENT>
                                <ENT>32,000</ENT>
                            </ROW>
                        </GPOTABLE>
                        <STARS/>
                    </SECTION>
                    <AMDPAR>12. Amend § 1036.110 by:</AMDPAR>
                    <AMDPAR>a. Revising paragraph (b)(8);</AMDPAR>
                    <AMDPAR>b. Removing and reserving paragraph (b)(10);</AMDPAR>
                    <AMDPAR>c. Revising paragraph (b)(11)(i);</AMDPAR>
                    <AMDPAR>d. Adding paragraphs (b)(19) through (b)(27); and</AMDPAR>
                    <AMDPAR>e. Revising paragraph (c).</AMDPAR>
                    <P>The revisions and additions read as follows:</P>
                    <SECTION>
                        <SECTNO>§ 1036.110 </SECTNO>
                        <SUBJECT>Diagnostic controls.</SUBJECT>
                        <STARS/>
                        <P>(b) * * *</P>
                        <P>(8) Include the additional data-stream signals in 13 CCR 1971.1(h)(4.2.3)(E), (F), and (G) as freeze-frame conditions in the same manner as requirements for signals identified in 13 CCR 1971.1(h)(4.3).</P>
                        <STARS/>
                        <P>(11) * * *</P>
                        <P>(i) You must submit additional information as needed to demonstrate that you meet the requirements of this section that are not covered by the California Executive order. For example, you may demonstrate compliance with the data-stream parameter requirements in paragraph (b)(9) of this section and the in-cab display requirements in paragraph (c) of this section by attesting that you meet those requirements.</P>
                        <STARS/>
                        <P>(19) For the requirements in 13 CCR 1971.1(d), an in-use minimum performance ratio of 0.100 applies for all monitors.</P>
                        <P>(20) The comprehensive component monitoring requirements in 13 CCR 1971.1(g)(3.1) for directly or indirectly monitoring inputs related to inducement strategies do not apply.</P>
                        <P>(21) Meet the aging and data collection requirements in 13 CCR 1971.1(i)(2.3.4) using the procedures described in 40 CFR 1036.245.</P>
                        <P>(22) Use the definition of Federal Test Procedure cycle as defined in 40 CFR 1036.512, and the Supplemental Emission Test as defined in 40 CFR 1036.510 in lieu of the procedures defined in 1971.1(c).</P>
                        <P>(23) For OBD systems that have NOx converting catalyst systems with more than one catalyst in series, the manufacturer may increment the denominator for a monitor required by section (e)(6) using the criteria set forth in section 1971.1(d)(4.3.2)(G).</P>
                        <P>(24) For engines with catalyzed PM filters:</P>
                        <P>(i) The criterion for exempting catalyzed PM filters from monitoring based on an NMHC conversion capability is increasing emissions by 30% or more of the applicable standard, rather than 15% as specified in 13 CCR 1971.1(e)(8.2.4)(A)(iii).</P>
                        <P>(ii) The feedgas generation requirements in 13 CCR 1971.1(e)(8.2.4)(B) do not apply.</P>
                        <P>(iii) The NMHC conversion requirements in 13 CCR 1971.1(e)(8.2.4)(A) do not apply if you instead comply with the catalyzed PM filter integrity requirements 13 CCR 1971.1(e)(8.2.1).</P>
                        <P>(25) OBD systems that have an NMHC catalyst conversion efficiency monitor that meets 13 CCR 1971.1(e)(5.2.2) do not need to meet the feedgas generation performance monitoring requirements of sections 13 CCR 1971.1(e)(5.2.3)(B).</P>
                        <P>(26) For monitors that increment denominators using any of the criteria in 13 CCR 1971.1(d)(4.3.2), the readiness status of that monitor may be considered to have “fully executed and determined that the component or system is not malfunctioning” if at least 15 warm-up cycles and 400 minutes of engine run time have occurred since the fault memory last cleared, and no permanent fault code is stored for that monitor.</P>
                        <P>(27) The OBD requirements in this section do not apply for hybrid components, unless you use powertrain testing to demonstrate compliance with the requirements of this part 1036.</P>
                        <P>(c) Design the system to display the following information in the cab:</P>
                        <P>(1) For inducement triggering conditions under § 1036.111, identify whether the condition relates to DEF level, DEF quality, or tampering. The following additional requirements apply for those inducements and any other AECD related to the SCR or DPF system that derates engine output and changes the status of an aftertreatment system (for example, hydrocarbon or DEF dosing is disabled):</P>
                        <P>(i) Identify whether the fault condition is related to SCR or DPF system.</P>
                        <P>(ii) Indicate the fault code for the detected problem, a description of the fault code, and the current speed restriction, as applicable.</P>
                        <P>(iii) If there are additional derate stages, also indicate the next speed restriction and the time remaining until starting the next restriction. If the derate involves something other than restricting vehicle speed, such as a torque derate, adjust the information to correctly identify any current and pending restrictions.</P>
                        <P>(2) Identify on demand the total number of active and completed diesel particulate filter regeneration events that have taken place since installing the current particulate filter.</P>
                        <P>(3) Identify on demand the lifetime and current rate of DEF consumption, such as gallons of DEF consumed per mile or gallons of DEF consumed per gallon of diesel fuel consumed. Design the system to allow the operator to reset the current rate of DEF consumption.</P>
                        <P>(4) Manufactures can use discretion to decide what to safely display while the vehicle is in-motion, which may be a more limited set of the required information than is displayed when the vehicle is stationary.</P>
                        <STARS/>
                    </SECTION>
                    <AMDPAR>13. Revise § 1036.111 to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1036.111 </SECTNO>
                        <SUBJECT>Inducements related to SCR.</SUBJECT>
                        <P>
                            Engines using SCR to control emissions depend on a constant supply of diesel exhaust fluid (DEF). This section describes how manufacturers must design their engines to induce operators to take appropriate actions to ensure the SCR system has quality DEF. The requirements of this section apply equally for engines installed in heavy-duty vehicles at or below 14,000 lbs GVWR. The requirements of this section apply starting in model year 2027, though you may comply with the requirements of this section in earlier model years. Transitional provisions apply for model years 2027 and 2028 as 
                            <PRTPAGE P="43228"/>
                            described in paragraph (f) of this section.
                        </P>
                        <P>(a) [Reserved]</P>
                        <P>
                            (b) 
                            <E T="03">Inducement triggering conditions.</E>
                             Create strategies that monitor for and trigger an inducement signal based on the following conditions:
                        </P>
                        <P>(1) DEF supply falling to 2.5 percent of DEF tank capacity or a level corresponding to three hours of engine operation, based on available information on DEF consumption rates.</P>
                        <P>
                            (2) DEF with a urea concentration below 20 mass percent. You may determine urea concentration based on direct measurement or based on a surrogate value such as exhaust NO
                            <E T="52">X</E>
                             concentration before and after an SCR catalyst. Measurement may be limited to one time for each occurrence of adding to the DEF tank. Use good engineering judgment to determine urea concentration as soon as possible.
                        </P>
                        <P>(3) Any signal indicating that a catalyst is missing.</P>
                        <P>
                            (4) Open circuit faults related to the following: DEF tank level sensor, DEF pump, DEF quality sensor, SCR wiring harness, NO
                            <E T="52">X</E>
                             sensors, DEF dosing valve, DEF tank heater, DEF tank temperature sensor, and aftertreatment control module.
                        </P>
                        <P>
                            (c) 
                            <E T="03">Audible signals.</E>
                             Design engines with audible signals corresponding to the inducement triggering conditions in paragraph (b) of this section, subject to our approval, as follows:
                        </P>
                        <P>(1) Audible signals must be sufficient to alert the operator to the need for service. The tone must be active for 90 seconds with repeated tones on one of the following schedules:</P>
                        <P>(i) For DEF supply, the tone must occur when the system detects the triggering condition in paragraph (b)(1) of this section, when the engine detects an empty DEF tank, 30 minutes after detecting an empty DEF tank, 60 minutes after detecting an empty DEF tank, and then every 60 minutes until key-off. Reevaluate at each key-on cycle.</P>
                        <P>(ii) For all conditions other than DEF supply, the tone must occur when the system detects a triggering condition in paragraph (b)(2) through (4) of this section, 30 minutes after detecting the triggering condition, 90 minutes after detecting the triggering condition, and then every 180 minutes until key-off. Reevaluate at each key-on cycle.</P>
                        <P>(2) You may design your engines to suspend the audible signals in paragraph (c)(1) of this section when ambient temperature is below −11 °C. If the triggering condition persists, restart audible signals at the same point in the schedule identified in paragraph (c)(1) of this section when ambient temperature is above 0 °C. Reevaluate at each key-on cycle.</P>
                        <P>
                            (d) 
                            <E T="03">Speed derates.</E>
                             You may rely on derating engine performance for protecting aftertreatment systems and other engine components from catastrophic damage, as long as derating is not based only on an assessment of emission control performance (such as evaluation of catalyst conversion efficiency).
                        </P>
                        <P>
                            (e) 
                            <E T="03">Deactivating inducements.</E>
                             Program the engine to deactivate inducements as follows:
                        </P>
                        <P>(1) Evaluate whether the detected inducement triggering condition continues to apply. Deactivate inducements if the engine confirms that the detected inducement triggering condition is resolved.</P>
                        <P>(2) Allow a generic scan tool to deactivate inducement triggering codes.</P>
                        <P>
                            (f) 
                            <E T="03">Transition provisions.</E>
                             The following provisions apply through model year 2028 for engines that do not meet requirements for audible signals as described in paragraph (c) of this section:
                        </P>
                        <P>(1) The following terms and general provisions apply under this paragraph (f):</P>
                        <P>(i) As described in § 1036.110, this section relies on terms and requirements specified for OBD systems by California ARB in 13 CCR 1968.2 and 1971.1 (incorporated by reference, see § 1036.810).</P>
                        <P>(ii) The provisions of this section apply differently based on an individual vehicle's speed history. A vehicle's speed category is based on the OBD system's recorded value for average speed for the preceding 30 hours of non-idle engine operation. The vehicle speed category applies at the point that the engine first detects an inducement triggering condition identified under paragraph (b) of this section and continues to apply until the inducement triggering condition is fully resolved as specified in paragraph (e) of this section. Non-idle engine operation includes all operating conditions except those that qualify as idle based on OBD system controls as specified in 13 CCR 1971.1(h)(5.4.10). Apply speed derates based on the following categories:</P>
                        <GPOTABLE COLS="2" OPTS="L2,i1" CDEF="s50,r50">
                            <TTITLE>
                                Table 1 to Paragraph (
                                <E T="01">f</E>
                                )(1)(
                                <E T="01">ii</E>
                                ) of § 1036.111—Vehicle Categories
                            </TTITLE>
                            <BOXHD>
                                <CHED H="1">
                                    Vehicle category 
                                    <SU>a</SU>
                                </CHED>
                                <CHED H="1">
                                    Average speed
                                    <LI>(mi/hr)</LI>
                                </CHED>
                            </BOXHD>
                            <ROW>
                                <ENT I="01">Low-speed</ENT>
                                <ENT>speed ≤ 15.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Medium-speed</ENT>
                                <ENT>15 ≤ speed ≤ 25.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">High-speed</ENT>
                                <ENT>speed ≥ 25.</ENT>
                            </ROW>
                            <TNOTE>
                                <SU>a</SU>
                                 A vehicle is presumed to be a high-speed vehicle if it has not yet logged 30 hours of non-idle operation.
                            </TNOTE>
                        </GPOTABLE>
                        <P>(iii) Where engines derate power output as specified in this section, the derate must decrease vehicle speed by 1 mi/hr for every five minutes of engine operation until reaching the specified derate speed. This paragraph (a)(3) applies at the onset of an inducement, at any transition to a different step of inducement, and for any derate that recurs under paragraph (e)(3) of this section.</P>
                        <P>(2) The provisions of this paragraph (f) apply differently based on an individual vehicle's speed history. A vehicle's speed category is based on the average speed for the preceding 30 hours of non-idle engine operation. The vehicle speed category applies at the point that the engine first detects an inducement triggering condition identified under paragraph (b) of this section and continues to apply until the inducement triggering condition is fully resolved as specified in paragraph (e) of this section. Non-idle engine operation includes all operating conditions except those that qualify as idle based on OBD system controls as specified in 13 CCR 1971.1(h)(5.4.10). Apply speed derates based on the following categories:</P>
                        <GPOTABLE COLS="2" OPTS="L2,i1" CDEF="s50,r50">
                            <TTITLE>
                                Table 2 to Paragraph (
                                <E T="01">f</E>
                                )(2) of § 1036.111—Vehicle Categories
                            </TTITLE>
                            <BOXHD>
                                <CHED H="1">
                                    Vehicle category 
                                    <SU>a</SU>
                                </CHED>
                                <CHED H="1">
                                    Average speed 
                                    <LI>(mi/hr)</LI>
                                </CHED>
                            </BOXHD>
                            <ROW>
                                <ENT I="01">Low-speed</ENT>
                                <ENT>speed &lt; 15.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Medium-speed</ENT>
                                <ENT>15 ≤ speed &lt; 25.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">High-speed</ENT>
                                <ENT>speed ≥ 25.</ENT>
                            </ROW>
                            <TNOTE>
                                <SU>a</SU>
                                 A vehicle is presumed to be a high-speed vehicle if it has not yet logged 30 hours of non-idle operation.
                            </TNOTE>
                        </GPOTABLE>
                        <P>(3) Where engines derate power output as specified in this paragraph (f), the derate must decrease vehicle speed by 1 mi/hr for every five minutes of engine operation until reaching the specified derate speed. This paragraph (f)(3) applies at the onset of an inducement, at any transition to a different step of inducement, and for any derate that recurs under paragraph (f)(6) of this section.</P>
                        <P>(4) You may derate based on the following inducement triggering conditions instead of the conditions specified in paragraph (b) of this section:</P>
                        <P>(i) DEF supply falling to 2.5 percent of DEF tank capacity or a level corresponding to three hours of engine operation, based on available information on DEF consumption rates.</P>
                        <P>(ii) DEF quality failing to meet your concentration specifications.</P>
                        <P>
                            (5) Engines must follow the derate schedule described in this paragraph (f)(4) if the engine detects an 
                            <PRTPAGE P="43229"/>
                            inducement triggering condition identified in paragraph (b) of this section. The derate takes the form of a maximum drive speed for the vehicle. This maximum drive speed decreases over time based on hours of non-idle engine operation without regard to engine starting.
                        </P>
                        <P>(i) Apply speed-limiting derates according to the following schedule:</P>
                        <GPOTABLE COLS="6" OPTS="L2,i1" CDEF="s25,12,12,12,12,12">
                            <TTITLE>
                                Table 3 to Paragraph (f)(5)(i) of § 1036.111—Derate Schedule for Detected Inducement Triggering Conditions 
                                <E T="01">
                                    <SU>a</SU>
                                </E>
                            </TTITLE>
                            <BOXHD>
                                <CHED H="1">High-speed vehicles</CHED>
                                <CHED H="2">Hours of non-idle engine operation</CHED>
                                <CHED H="2">
                                    Maximum speed
                                    <LI>(mi/hr)</LI>
                                </CHED>
                                <CHED H="1">Medium-speed vehicles</CHED>
                                <CHED H="2">
                                    Hours of
                                    <LI>non-idle</LI>
                                    <LI>engine</LI>
                                    <LI>operation</LI>
                                </CHED>
                                <CHED H="2">
                                    Maximum speed
                                    <LI>(mi/hr)</LI>
                                </CHED>
                                <CHED H="1">Low-speed vehicles</CHED>
                                <CHED H="2">
                                    Hours of
                                    <LI>non-idle</LI>
                                    <LI>engine</LI>
                                    <LI>operation</LI>
                                </CHED>
                                <CHED H="2">
                                    Maximum speed
                                    <LI>(mi/hr)</LI>
                                </CHED>
                            </BOXHD>
                            <ROW>
                                <ENT I="01">0</ENT>
                                <ENT>65</ENT>
                                <ENT>0</ENT>
                                <ENT>55</ENT>
                                <ENT>0</ENT>
                                <ENT>45</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">6</ENT>
                                <ENT>60</ENT>
                                <ENT>6</ENT>
                                <ENT>50</ENT>
                                <ENT>5</ENT>
                                <ENT>40</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">12</ENT>
                                <ENT>55</ENT>
                                <ENT>12</ENT>
                                <ENT>45</ENT>
                                <ENT>10</ENT>
                                <ENT>35</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">20</ENT>
                                <ENT>50</ENT>
                                <ENT>45</ENT>
                                <ENT>40</ENT>
                                <ENT>30</ENT>
                                <ENT>25</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">86</ENT>
                                <ENT>45</ENT>
                                <ENT>70</ENT>
                                <ENT>35</ENT>
                                <ENT/>
                                <ENT/>
                            </ROW>
                            <ROW>
                                <ENT I="01">119</ENT>
                                <ENT>40</ENT>
                                <ENT>90</ENT>
                                <ENT>25</ENT>
                                <ENT/>
                                <ENT/>
                            </ROW>
                            <ROW>
                                <ENT I="01">144</ENT>
                                <ENT>35</ENT>
                                <ENT/>
                                <ENT/>
                                <ENT/>
                                <ENT/>
                            </ROW>
                            <ROW>
                                <ENT I="01">164</ENT>
                                <ENT>25</ENT>
                                <ENT/>
                                <ENT/>
                                <ENT/>
                                <ENT/>
                            </ROW>
                            <TNOTE>
                                <SU>a</SU>
                                 Hours start counting when the engine detects an inducement triggering condition specified in paragraph (b) of this section. For DEF supply, you may program the engine to reset the timer to three hours when the engine detects an empty DEF tank.
                            </TNOTE>
                        </GPOTABLE>
                        <P>(ii) You may design and produce engines that will be installed in motorcoaches with an alternative derate schedule that starts with a 65 mi/hr derate when an inducement triggering condition is first detected, steps down to 50 mi/hr after 80 hours, and concludes with a final derate speed of 25 mi/hr after 180 hours of non-idle operation.</P>
                        <P>(6) Treat any detected inducement triggering condition that recurs within 40 hours of engine operation as the same detected inducement triggering condition, which would restart the derate at the same point in the derate schedule that the system last deactivated the derate.</P>
                    </SECTION>
                    <AMDPAR>14. Amend § 1036.115 by revising paragraphs (a) introductory text, (f)(3), and (i) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1036.115 </SECTNO>
                        <SUBJECT>Other requirements.</SUBJECT>
                        <P>
                            (a) 
                            <E T="03">Crankcase emissions.</E>
                             Engines may not discharge crankcase emissions into the ambient atmosphere throughout the useful life, other than those that are routed to the exhaust upstream of exhaust aftertreatment during all operation, except as follows:
                        </P>
                        <STARS/>
                        <P>(f) * * *</P>
                        <P>(3) DEF supply and DEF quality are adjustable parameters. The practically adjustable range includes any amount of DEF for which the engine's diagnostic system does not trigger inducement provisions under § 1036.111.</P>
                        <STARS/>
                        <P>
                            (i) 
                            <E T="03">SCR-related requirements.</E>
                             The following additional requirements apply for engines with SCR:
                        </P>
                        <P>(1) Diesel exhaust fluid tanks must be sized to require refilling no more frequently than the vehicle operator will need to refill the fuel tank, even for worst-case assumptions related to fuel efficiency and refueling volumes.</P>
                        <P>
                            (2) Design engines to respond to varying DEF quality with compensation algorithms that varies DEF injection to maintain NO
                            <E T="52">X</E>
                             emission control that is comparable to operation with DEF conforming to the specifications referenced in the definition of “diesel exhaust fluid” in § 1036.801, subject to the limitations of the emission control hardware.
                        </P>
                        <P>(3) Design engines for DEF freeze protection by including a warming system to thaw DEF to restore DEF flow into the exhaust system within 70 minutes after engine starting using the procedure described in § 1036.560.</P>
                        <STARS/>
                    </SECTION>
                    <AMDPAR>15. Amend § 1036.120 by revising paragraph (b) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1036.120 </SECTNO>
                        <SUBJECT>Emission-related warranty requirements.</SUBJECT>
                        <STARS/>
                        <P>
                            (b) 
                            <E T="03">Warranty period.</E>
                             Your emission-related warranty must be valid for at least as long as the minimum warranty periods listed in this paragraph (b) in vehicle miles, or hours of engine operation, or years in service, whichever comes first. You may offer an emission-related warranty more generous than we require. The emission-related warranty for the engine may not be shorter than any published warranty you offer without charge for the engine. Similarly, the emission-related warranty for any component may not be shorter than any published warranty you offer without charge for that component. If an extended warranty requires owners to pay for a portion of repairs, those terms apply in the same manner to the emission-related warranty. The warranty period begins when the vehicle is placed into service. The following minimum warranty periods apply:
                        </P>
                        <GPOTABLE COLS="3" OPTS="L2,nj,i1" CDEF="s50,18,18">
                            <TTITLE>
                                Table 1 to Paragraph 
                                <E T="01">(b)</E>
                                 of § 1036.120—Warranty by Primary Intended Service Class
                            </TTITLE>
                            <BOXHD>
                                <CHED H="1">Primary intended service class</CHED>
                                <CHED H="1">Mileage</CHED>
                                <CHED H="1">Years</CHED>
                            </BOXHD>
                            <ROW>
                                <ENT I="01">Spark-Ignition HDE</ENT>
                                <ENT>50,000</ENT>
                                <ENT>5</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Light HDE</ENT>
                                <ENT>50,000</ENT>
                                <ENT>5</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Medium HDE</ENT>
                                <ENT>100,000</ENT>
                                <ENT>5</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Heavy HDE</ENT>
                                <ENT>100,000</ENT>
                                <ENT>5</ENT>
                            </ROW>
                        </GPOTABLE>
                        <PRTPAGE P="43230"/>
                        <STARS/>
                    </SECTION>
                    <AMDPAR>16. Amend § 1036.125 by revising the introductory text and paragraphs (a)(2), (g) introductory text, and (h)(8) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1036.125 </SECTNO>
                        <SUBJECT>Maintenance instructions and allowable maintenance.</SUBJECT>
                        <P>Give the ultimate purchaser of each new engine written instructions for maintaining and using the engine. As described in paragraph (h) of this section, these instructions must identify how owners properly maintain and use engines to clarify responsibilities for regulatory requirements such as emission-related warranty and defect reporting. Maintenance includes any inspection, adjustment, cleaning, repair, or replacement of components and is classified as either emission-related or not emission-related and each of these can be classified as either scheduled or unscheduled. Further, some emission-related maintenance is also classified as critical emission-related maintenance.</P>
                        <P>(a) * * *</P>
                        <P>
                            (2) 
                            <E T="03">Minimum scheduled maintenance intervals.</E>
                             You may not schedule critical emission-related maintenance more frequently than the minimum intervals specified or allowed in this paragraph (a), except as specified in paragraph (g) of this section. The minimum intervals specified for each component applies to actuators, sensors, tubing, valves, and wiring associated with that component, except as specified.
                        </P>
                        <GPOTABLE COLS="5" OPTS="L2,nj,i1" CDEF="s100,15,15,15,15">
                            <TTITLE>
                                Table 1 to Paragraph 
                                <E T="01">(a)(2)</E>
                                 of § 1036.125—Minimum Scheduled Maintenance Intervals for Replacement in Miles (or Hours)
                            </TTITLE>
                            <BOXHD>
                                <CHED H="1">Components</CHED>
                                <CHED H="1">
                                    Spark-ignition 
                                    <LI>HDE</LI>
                                </CHED>
                                <CHED H="1">Light HDE</CHED>
                                <CHED H="1">Medium HDE</CHED>
                                <CHED H="1">Heavy HDE</CHED>
                            </BOXHD>
                            <ROW>
                                <ENT I="01">Spark plugs </ENT>
                                <ENT>25,000 (750)</ENT>
                                <ENT/>
                                <ENT/>
                                <ENT/>
                            </ROW>
                            <ROW>
                                <ENT I="01">DEF filters </ENT>
                                <ENT/>
                                <ENT>100,000 (3,000)</ENT>
                                <ENT>100,000 (3,000)</ENT>
                                <ENT>100,000 (3,000)</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Crankcase ventilation valves and filters </ENT>
                                <ENT>60,000 (1,800)</ENT>
                                <ENT>60,000 (1,800)</ENT>
                                <ENT>60,000 (1,800)</ENT>
                                <ENT>60,000 (1,800)</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Ignition wires and coils </ENT>
                                <ENT>50,000 (1,500)</ENT>
                                <ENT/>
                                <ENT/>
                                <ENT/>
                            </ROW>
                            <ROW>
                                <ENT I="01">Oxygen sensors </ENT>
                                <ENT>80,000 (2,400)</ENT>
                                <ENT/>
                                <ENT/>
                                <ENT/>
                            </ROW>
                            <ROW>
                                <ENT I="01">Air injection system components </ENT>
                                <ENT>110,000 (3,300)</ENT>
                                <ENT/>
                                <ENT/>
                                <ENT/>
                            </ROW>
                            <ROW>
                                <ENT I="01">Sensors, actuators, and related control modules that are not integrated into other systems </ENT>
                                <ENT>100,000 (3,000)</ENT>
                                <ENT>100,000 (3,000)</ENT>
                                <ENT>150,000 (4,500)</ENT>
                                <ENT>150,000 (4,500)</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Particulate filtration systems (other than filter substrates) </ENT>
                                <ENT>100,000 (3,000)</ENT>
                                <ENT>100,000 (3,000)</ENT>
                                <ENT>250,000 (7,500)</ENT>
                                <ENT>250,000 (7,500)</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Catalyst systems (other than catalyst substrates), fuel injectors, electronic control modules, hybrid system components, turbochargers, and EGR system components (including filters and coolers)</ENT>
                                <ENT>110,000 (3,300)</ENT>
                                <ENT>110,000 (3,300)</ENT>
                                <ENT>185,000 (5,550)</ENT>
                                <ENT>435,000 (13,050)</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Catalyst substrates and particulate filter substrates in model year 2029 and earlier </ENT>
                                <ENT>110,000 (3,300)</ENT>
                                <ENT>110,000 (3,300)</ENT>
                                <ENT>185,000 (5,550)</ENT>
                                <ENT>435,000 (13,050)</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Catalyst substrates and particulate filter substrates in model year 2030 and later </ENT>
                                <ENT>200,000 (10,000)</ENT>
                                <ENT>270,000 (13,000)</ENT>
                                <ENT>350,000 (17,000)</ENT>
                                <ENT>650,000 (32,000)</ENT>
                            </ROW>
                        </GPOTABLE>
                        <GPOTABLE COLS="5" OPTS="L2,nj,i1" CDEF="s100,15,15,r50,r50">
                            <TTITLE>
                                Table 2 to Paragraph 
                                <E T="01">(a)(2)</E>
                                 of § 1036.125—Minimum Scheduled Maintenance Intervals for Adjustment or Cleaning
                            </TTITLE>
                            <BOXHD>
                                <CHED H="1">Component</CHED>
                                <CHED H="1">Accumulated miles (hours) for components</CHED>
                                <CHED H="2">Spark-ignition HDE</CHED>
                                <CHED H="2">Light HDE</CHED>
                                <CHED H="2">Medium HDE</CHED>
                                <CHED H="2">Heavy HDE</CHED>
                            </BOXHD>
                            <ROW>
                                <ENT I="01">Spark plugs </ENT>
                                <ENT>25,000 (750)</ENT>
                                <ENT/>
                                <ENT/>
                                <ENT/>
                            </ROW>
                            <ROW>
                                <ENT I="01">EGR-related filters and coolers, fuel injectors, and crankcase ventilation valves and filters </ENT>
                                <ENT>50,000 (1,500)</ENT>
                                <ENT>50,000 (1,500)</ENT>
                                <ENT>50,000 (1,500)</ENT>
                                <ENT>50,000 (1,500).</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">DEF filters </ENT>
                                <ENT/>
                                <ENT>50,000 (1,500)</ENT>
                                <ENT>50,000 (1,500)</ENT>
                                <ENT>50,000 (1,500).</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Ignition wires and coils </ENT>
                                <ENT>50,000 (1,500)</ENT>
                                <ENT/>
                                <ENT/>
                                <ENT/>
                            </ROW>
                            <ROW>
                                <ENT I="01">Oxygen sensors </ENT>
                                <ENT>80,000 (2,400)</ENT>
                                <ENT/>
                                <ENT/>
                                <ENT/>
                            </ROW>
                            <ROW>
                                <ENT I="01">Air injection system components </ENT>
                                <ENT>100,000 (3,000)</ENT>
                                <ENT/>
                                <ENT/>
                                <ENT/>
                            </ROW>
                            <ROW>
                                <ENT I="01">Catalyst system components, EGR system components (other than filters or coolers), particulate filtration system components, and turbochargers </ENT>
                                <ENT>100,000 (3,000)</ENT>
                                <ENT>100,000 (3,000)</ENT>
                                <ENT>100,000 (3,000), then 150,000 (4,500)</ENT>
                                <ENT>100,000 (3,000), then 150,000 (4,500).</ENT>
                            </ROW>
                        </GPOTABLE>
                        <STARS/>
                        <P>
                            (g) 
                            <E T="03">Payment for scheduled maintenance.</E>
                             Owners are responsible for properly maintaining their engines; this generally includes paying for scheduled maintenance, even within the warranty period. However, you may commit to paying for scheduled maintenance as described in paragraph (a)(1)(iv) of this section to demonstrate that the maintenance will occur. You may also schedule maintenance not otherwise allowed by paragraph (a)(2) of this section if you pay for it. You must pay for scheduled maintenance on any component during the useful life if it meets all the following conditions:
                        </P>
                        <STARS/>
                        <P>(h) * * *</P>
                        <P>(8) Include a troubleshooting guide to address the following signals related to SCR inducement:</P>
                        <P>(i) The schedule for visual and audible signals (including indication that the signal will begin prior to the DEF tank being completely empty).</P>
                        <P>
                            (ii) The meaning of any trouble lights that indicate specific problems (
                            <E T="03">e.g.,</E>
                             DEF level).
                        </P>
                        <P>
                            (iii) A description of the three types of SCR-related triggers that cause the visual and audible signals (DEF level, DEF quality and tampering) and that further information on the inducement 
                            <PRTPAGE P="43231"/>
                            cause (
                            <E T="03">e.g.,</E>
                             trouble codes) is available using the OBD system.
                        </P>
                        <STARS/>
                    </SECTION>
                    <AMDPAR>17. Amend § 1036.130 by:</AMDPAR>
                    <AMDPAR>a. Revising paragraph (b)(7)(ii);</AMDPAR>
                    <AMDPAR>b. Adding paragraph (b)(10); and</AMDPAR>
                    <AMDPAR>c. Revising paragraph (c).</AMDPAR>
                    <P>The revisions and addition read as follows:</P>
                    <SECTION>
                        <SECTNO>§ 1036.130 </SECTNO>
                        <SUBJECT>Installation instructions for vehicle manufacturers.</SUBJECT>
                        <STARS/>
                        <P>(b) * * *</P>
                        <P>(7) * * *</P>
                        <P>(ii) Describe how vehicle manufacturers must install diesel exhaust fluid tanks with sensors and equipment as needed to meet the requirements of §§ 1036.110, 1036.111, and 1036.115(i).</P>
                        <STARS/>
                        <P>(10) For powertrain families, describe any limitations on the type or configuration of vehicles.</P>
                        <P>(c) Give the vehicle manufacturer engine data and information to support vehicle certification as described in § 1036.505.</P>
                        <STARS/>
                    </SECTION>
                    <AMDPAR>18. Amend § 1036.135 by revising paragraph (e) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1036.135 </SECTNO>
                        <SUBJECT>Labeling.</SUBJECT>
                        <STARS/>
                        <P>(e) You may ask us to approve modified labeling requirements in this part if you show that it is necessary or appropriate. We will approve your request if your alternative label is consistent with the requirements of this part. We may also specify modified labeling requirements to be consistent with the intent of 40 CFR part 1037.</P>
                        <STARS/>
                    </SECTION>
                    <AMDPAR>19. Amend § 1036.150 by:</AMDPAR>
                    <AMDPAR>a. Revising paragraphs (k) and (z) introductory text; and</AMDPAR>
                    <AMDPAR>b. Adding paragraphs (aa), (bb), and (cc).</AMDPAR>
                    <P>The revisions and additions read as follows:</P>
                    <SECTION>
                        <SECTNO>§ 1036.150 </SECTNO>
                        <SUBJECT>Interim provisions.</SUBJECT>
                        <STARS/>
                        <P>
                            (k) 
                            <E T="03">Limited production volume allowance.</E>
                             You may produce a limited number of Heavy HDE in model years 2027 through 2029 that continue to meet the criteria pollutant standards as they applied under 40 CFR 86.007-11. The maximum number of engines you may produce under this limited production allowance is 5 percent of the annual average of your actual production volume of Heavy HDE in model years 2023-2025. Engine certification under this paragraph (k) is subject to the following conditions and requirements:
                        </P>
                        <P>(1) Engines must meet all the standards and other requirements that apply under 40 CFR part 86 for model year 2026. Engines must be certified in separate engine families that qualify for carryover certification as described in § 1036.235(d).</P>
                        <P>(2) [Reserved].</P>
                        <P>(3) Include the following compliance statement instead of the compliance statement in § 1036.135(c)(8): “THIS ENGINE COMPLIES WITH U.S. EPA REGULATIONS FOR [MODEL YEAR] HEAVY-DUTY HIGHWAY ENGINES, EXCEPT THAT IT CONFORMS TO CERTAIN MODEL YEAR 2026 STANDARDS UNDER 40 CFR 1036.150(k).”</P>
                        <STARS/>
                        <P>
                            (z) 
                            <E T="03">Alternative family pass criteria for in-use testing.</E>
                             The following family pass criteria apply for manufacturer-run in-use testing instead of the pass criteria described in § 1036.425 for model years 2027 and 2028:
                        </P>
                        <STARS/>
                        <P>
                            (aa) 
                            <E T="03">Carryover deterioration factors.</E>
                             You may certify an engine family to compression-ignition standards using carryover data with a deterioration factor based on vehicle speeds of either 40.26 mi/hr for test sequence 1 or 44.48 mi/hr for test sequence 2 under § 1036.245.
                        </P>
                        <P>
                            (bb) 
                            <E T="03">OBD provisions for NCP engines.</E>
                             If you certify a model year 2027 or later engine family under 40 CFR part 86, subpart A, as described in 40 CFR 1071.60, do not count those engine families when determining testing requirements that apply under § 1036.110.
                        </P>
                        <P>
                            (cc) 
                            <E T="03">Deterioration factors through model year 2029.</E>
                             Through model year 2029, determine deterioration factors based on estimated emission levels corresponding to the useful life that applies for the engine family. This may involve interpolation if you measured emission levels after service accumulation exceeding the useful life (in miles).
                        </P>
                    </SECTION>
                    <AMDPAR>20. Amend § 1036.201 by revising paragraph (h) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1036.201 </SECTNO>
                        <SUBJECT>General requirements for obtaining a certificate of conformity.</SUBJECT>
                        <STARS/>
                        <P>(h) For engines that become new after being placed into service, such as rebuilt engines installed in new vehicles, we may specify alternative certification provisions consistent with the intent of this part. See 40 CFR 1068.120(h) and the definition of “new motor vehicle engine” in § 1036.801.</P>
                    </SECTION>
                    <AMDPAR>21. Amend § 1036.205 by:</AMDPAR>
                    <AMDPAR>a. Adding paragraph (b)(12); and</AMDPAR>
                    <AMDPAR>b. Revising paragraphs (c), (e), and (r)(1).</AMDPAR>
                    <P>The addition and revisions read as follows:</P>
                    <SECTION>
                        <SECTNO>§ 1036.205 </SECTNO>
                        <SUBJECT>Requirements for an application for certification.</SUBJECT>
                        <STARS/>
                        <P>(b) * * *</P>
                        <P>(12) Describe the following SCR-related design features:</P>
                        <P>(i) Audible signals required under § 1036.111(c).</P>
                        <P>(ii) Compensation algorithms required under § 1036.115(i)(2).</P>
                        <P>(c) Explain in detail how the engine diagnostic system works, describing especially the engine conditions (with the corresponding diagnostic trouble codes) that cause the malfunction indicator to go on. Also describe any approved conditions under which the diagnostic system disregards trouble codes as specified in § 1036.110(b)(12) and any exceptions from comprehensive component monitoring as allowed under § 1036.110(b)(20).</P>
                        <STARS/>
                        <P>(e) Describe any test equipment and procedures that you used, including any special or alternative test procedures you used (see § 1036.501).</P>
                        <STARS/>
                        <P>(r) * * *</P>
                        <P>(1) For physically adjustable operating parameters, include the nominal or recommended setting, the intended practically adjustable range, and the limits or stops used to establish adjustable ranges. State that the limits, stops, or other means of inhibiting adjustment are effective in preventing adjustment of parameters on in-use engines to settings outside your intended practically adjustable ranges and provide information to support this statement.</P>
                        <STARS/>
                    </SECTION>
                    <AMDPAR>22. Amend § 1036.230 by revising paragraph (f)(3) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1036.230 </SECTNO>
                        <SUBJECT>Selecting engine families.</SUBJECT>
                        <STARS/>
                        <P>(f) * * *</P>
                        <P>(3) If you certify both engine fuel maps and powertrain fuel maps for an engine family, you may split the engine family into two separate subfamilies. Indicate this in your application for certification, and identify whether one or both of these sets of fuel maps applies for each group of engines. If you do not split your family, all engines within the family must conform to the engine fuel maps, including any engines for which the powertrain maps also apply.</P>
                        <STARS/>
                        <PRTPAGE P="43232"/>
                    </SECTION>
                    <AMDPAR>23. Amend § 1036.235 by revising paragraphs (b) introductory text, (e), and (f) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1036.235 </SECTNO>
                        <SUBJECT>Testing requirements for certification.</SUBJECT>
                        <STARS/>
                        <P>
                            (b) Test your emission-data engines using the procedures and equipment specified in subpart F of this part. In the case of dual-fuel engines, measure emissions when operating with each type of fuel for which you intend to certify the engine. In the case of flexible-fuel engines, measure emissions when operating with the fuel mixture that best represents in-use operation or is most likely to have the highest NO
                            <E T="52">X</E>
                             emissions (or NO
                            <E T="52">X</E>
                             + NMHC emissions for engines subject to NO
                            <E T="52">X</E>
                             + NMHC standards), though you may ask us instead to perform tests with both fuels separately if you can show that intermediate mixtures are not likely to occur in use.
                        </P>
                        <STARS/>
                        <P>(e) We may require you to test a second engine of the same configuration in addition to the engines tested under paragraph (b) of this section.</P>
                        <P>(f) If you use an alternative test procedure under 40 CFR 1065.10 and later testing shows that such testing does not produce results that are equivalent to the procedures specified in subpart F of this part, we may reject data you generated using the alternative procedure.</P>
                        <STARS/>
                    </SECTION>
                    <AMDPAR>24. Amend § 1036.240 by revising paragraphs (b) and (c) introductory text to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1036.240 </SECTNO>
                        <SUBJECT>Demonstrating compliance with criteria pollutant emission standards.</SUBJECT>
                        <STARS/>
                        <P>(b) Your engine family is deemed not to comply if any emission-data engine representing that family has test results showing an official emission result or a deteriorated emission level for any pollutant that is above an applicable duty-cycle emission standard (including all corrections and adjustments). Similarly, your engine family is deemed not to comply if any emission-data engine representing that family has test results showing any emission level above the applicable off-cycle emission standard for any pollutant. This also applies for all test points for emission-data engines within the family used to establish deterioration factors.</P>
                        <P>(c) To compare emission levels from the emission-data engine with the applicable duty-cycle emission standards, apply deterioration factors to the measured emission levels for each pollutant. Section 1036.245 specifies how to test engines and engine components to develop deterioration factors that represent the deterioration expected in emissions over your engines' useful life. Section 1036.246 describes how to confirm or modify deterioration factors based on in-use verification testing. Your deterioration factors must take into account any available data from other in-use testing with similar engines. Small manufacturers may use assigned deterioration factors that we establish. Other manufacturers may request to certify engine families using assigned deterioration factors that we establish. The assigned deterioration factors may apply for a projected nationwide production volume up to 10,000 engines, including all affiliated companies. The deterioration factors apply to entire engine families. Apply deterioration factors as follows:</P>
                        <STARS/>
                    </SECTION>
                    <AMDPAR>25. Amend § 1036.245 by revising paragraph (c) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1036.245 </SECTNO>
                        <SUBJECT>Deterioration factors for exhaust emission standards.</SUBJECT>
                        <STARS/>
                        <P>(c) If you are unable to determine deterioration factors for an engine family under paragraph (a) of this section, select engines, subsystems, or components for testing. Determine deterioration factors based on service accumulation and related testing to represent the deterioration expected from in-use engines over the useful life, including effects of crankcase emissions and infrequent regeneration. You may perform maintenance on emission-data engines as described in § 1036.125 and 40 CFR part 1065, subpart E. Use good engineering judgment for all aspects of the effort to establish deterioration factors under this paragraph (c). Send us your test plan for our preliminary approval under § 1036.210. You may apply deterioration factors based on testing under this paragraph (c) to multiple engine families, consistent with the provisions in paragraph (a) of this section. Engine dynamometer hours accumulated during emission measurements do not count toward meeting the minimum number of engine dynamometer hours in paragraph (c)(3) of this section or the total service accumulation hours in paragraph (c)(8) of this section. Determine deterioration factors based on a combination of minimum required engine dynamometer aging hours and accelerated bench-aged aftertreatment as follows:</P>
                        <P>(1) Select an emission-data engine and aftertreatment devices and systems that can be assembled into a certified configuration to represent the engine family. Stabilize the engine and aftertreatment devices and systems, together or separately, to prepare for emission measurements. These stabilization hours count toward meeting the minimum number of engine dynamometer hours in paragraph (c)(3) of this section.</P>
                        <P>(2) Perform low-hour emission measurement once the engine has operated with aftertreatment long enough to stabilize the emission control. Measure emissions of all regulated pollutants while the engine operates over all applicable duty cycles on an engine dynamometer as described in subpart F of this part. You may use the average of multiple emission tests to determine your emissions value for the purpose of calculating a deterioration factor.</P>
                        <P>(3) Perform additional service accumulation as described in paragraph (c)(3) of this section on an engine dynamometer until you reach the minimum specified number of engine dynamometer hours:</P>
                        <GPOTABLE COLS="2" OPTS="L2,nj,i1" CDEF="s150,25">
                            <TTITLE>
                                Table 1 to Paragraph (
                                <E T="01">c</E>
                                )(3) of § 1036.245—Minimum Required Engine Dynamometer Aging Hours by Primary Intended Service Class
                            </TTITLE>
                            <BOXHD>
                                <CHED H="1">Primary intended service class</CHED>
                                <CHED H="1">
                                    Minimum engine
                                    <LI>dynamometer hours</LI>
                                </CHED>
                            </BOXHD>
                            <ROW>
                                <ENT I="01">Spark-ignition HDE</ENT>
                                <ENT>300</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Light HDE</ENT>
                                <ENT>1,250</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Medium HDE</ENT>
                                <ENT>1,500</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Heavy HDE</ENT>
                                <ENT>1,500</ENT>
                            </ROW>
                        </GPOTABLE>
                        <PRTPAGE P="43233"/>
                        <P>(4) Perform service accumulation in the laboratory by operating the engine or hybrid powertrain on a dynamometer repeatedly over one of the test sequences in paragraph (c)(4)(i) or (ii) of this section, or use a different test sequence (and cycle validation) that we approve in advance. For spark-ignition engines, you may exclude operation over the LLC in paragraphs (c)(4)(i)(C) and (ii)(C) of this section. If you conduct service accumulation for hybrid powertrains using an engine-based simulation of powertrain testing as specified in 40 CFR 1037.551, you may omit the hybrid components.</P>
                        <P>(i) Test sequence 1 is based on operating over the FTP, RMC, and LLC. Operate the engine or hybrid powertrain as follows for test sequence 1:</P>
                        <P>(A) Operate at idle for 2 hours.</P>
                        <P>(B) Operate for 105 ± 1 hours over a repeat sequence of one FTP followed by one RMC.</P>
                        <P>(C) Operate over one LLC.</P>
                        <P>(D) Operate at idle for 2 hours.</P>
                        <P>(E) Shut down the engine for cooldown to ambient temperature.</P>
                        <P>(F) Perform cycle validation for at least one FTP, one RMC, and one LLC for the initial run through test sequence 1. If validation fails, correct the problem and continue service accumulation. Use good engineering judgment to ensure that the engine or hybrid powertrain follows the test sequence throughout the duration of service accumulation, for example by using real-time monitors.</P>
                        <P>(ii) Test sequence 2 is based on operating over the LLC and the vehicle-based duty cycles from 40 CFR part 1037. Select the vehicle subcategory and vehicle configuration from § 1036.540 or § 1036.545 with the highest reference cycle work for each vehicle-based duty cycle. Operate the engine or hybrid powertrain as follows for test sequence 2:</P>
                        <P>(A) Operate at idle for 2 hours.</P>
                        <P>(B) Operate for 105 ± 1 hours over a repeat sequence of one Heavy-duty Transient Test Cycle, then one 55 mi/hr highway cruise cycle, and then one 65 mi/hr highway cruise cycle.</P>
                        <P>(C) Operate over one LLC.</P>
                        <P>(D) Operate at idle for 2 hours.</P>
                        <P>(E) Shut down the engine for cooldown to ambient temperature.</P>
                        <P>(F) Perform cycle validation for at least one heavy-duty transient test cycle, one 55 mi/hr highway cruise cycle, one 65 mi/hr highway cruise cycle, and one LLC for the initial run through test sequence 2. If validation fails, correct the problem and continue service accumulation. Use good engineering judgment to ensure that the engine or hybrid powertrain follows the test sequence throughout the duration of service accumulation, for example by using real-time monitors.</P>
                        <P>(5) If you use a nonmotoring dynamometer for service accumulation; when running motoring points, set the dynamometer command to minimum and use the operator demand to control speed.</P>
                        <P>(6) Use the following alternative cycle-validation criteria to validate service accumulation.</P>
                        <GPOTABLE COLS="4" OPTS="L2,nj,i1" CDEF="s100,10,r100,r100">
                            <TTITLE>
                                Table 2 to Paragraph (
                                <E T="01">c</E>
                                )(6) of § 1036.245—Alternative Cycle Validation Criteria for Service Accumulation 
                                <E T="01">
                                    <SU>a</SU>
                                </E>
                            </TTITLE>
                            <BOXHD>
                                <CHED H="1">Parameter</CHED>
                                <CHED H="1">Speed</CHED>
                                <CHED H="1">Torque</CHED>
                                <CHED H="1">Power</CHED>
                            </BOXHD>
                            <ROW>
                                <ENT I="01">
                                    Slope, 
                                    <E T="03">a</E>
                                    <E T="0732">1</E>
                                </ENT>
                                <ENT/>
                                <ENT>
                                    0.800 ≤ 
                                    <E T="03">a</E>
                                    <E T="0732">1</E>
                                     ≤ 1.030
                                </ENT>
                                <ENT>
                                    0.800 ≤ 
                                    <E T="03">a</E>
                                    <E T="0732">1</E>
                                     ≤ 1.030.
                                </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">
                                    Absolute value of intercept, |
                                    <E T="03">a</E>
                                    <E T="0732">0</E>
                                    |
                                </ENT>
                                <ENT/>
                                <ENT>≤6% of maximum mapped torque</ENT>
                                <ENT>≤6% of maximum mapped power.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">
                                    Standard error of the estimate, 
                                    <E T="03">SEE</E>
                                </ENT>
                                <ENT/>
                                <ENT/>
                                <ENT>≤15% of maximum mapped power.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">
                                    Coefficient of determination, 
                                    <E T="03">r</E>
                                    <SU>2</SU>
                                </ENT>
                                <ENT>0.95</ENT>
                                <ENT>≥0.650</ENT>
                                <ENT>≥0.650.</ENT>
                            </ROW>
                            <TNOTE>
                                <SU>a</SU>
                                 Cycle-validation criteria apply as described in 40 CFR 1065.514 unless otherwise specified.
                            </TNOTE>
                        </GPOTABLE>
                        <P>(7) After performing the specified service accumulation on the engine dynamometer, repeat the emission measurements described in paragraph (c)(1) of this section.</P>
                        <P>(8) Calculate the total service accumulation representing hours of engine operation over the useful life as follows:</P>
                        <P>(i) Use the following equation, except as specified in paragraph (c)(8)(ii) of this section:</P>
                        <GPH SPAN="1" DEEP="58">
                            <GID>EP14JY26.027</GID>
                        </GPH>
                        <EXTRACT>
                            <FP SOURCE="FP-2">Where:</FP>
                            <FP SOURCE="FP-2">
                                <E T="03">UL</E>
                                 = useful life mileage representing the longest useful life that the deterioration factors would be used for.
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="03">k</E>
                                 = 1.15 for Heavy HDE and 1.0 for all other primary intended service classes.
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="7503">v</E>
                                <E T="52">agingcycle</E>
                                 = average speed of the vehicle, derived from field data, based on the applications used for determining the thermal exposure for the engine family as described in the field data discussion in 40 CFR 1065.1131 or 40 CFR 1065.1147. If the average speed from the field data is less than 20 mi/hr use 20 mi/hr as the average speed.
                            </FP>
                        </EXTRACT>
                        <FP SOURCE="FP-2">
                            <E T="03">Example for a model year 2030 Heavy HDE for test sequence 1:</E>
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">UL</E>
                             = 650,000 miles
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">k</E>
                             = 1.15
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="7503">v</E>
                            <E T="52">agingcycle</E>
                             = 40.26 mi/hr
                        </FP>
                        <GPH SPAN="1" DEEP="26">
                            <GID>EP14JY26.028</GID>
                        </GPH>
                        <FP SOURCE="FP-2">
                            <E T="03">t</E>
                            <E T="52">total</E>
                             = 18,567 hr
                        </FP>
                        <P>(ii) To determine deterioration factors for standards subject to a shorter useful life, you may calculate a value for hours-of-service accumulation corresponding to the shorter useful life using Eq. 1036.245-1. For example, this may apply if the testing will be used to establish deterioration factors for a different primary intended service class. Follow the procedure described in paragraph (c)(12) of this section to determine deterioration factors for a shorter useful life.</P>
                        <P>(9) Perform accelerated bench aging of aftertreatment devices to finish service accumulation over the useful life, if the aftertreatment was not aged to useful life in paragraph (c)(4) of this section.</P>
                        <P>(i) Calculate the bench aging hours by subtracting the actual engine operating hours during service accumulation from ttotal and dividing the difference by the acceleration factor determined in 40 CFR 1065.1139(a) for compression ignition engines and 40 CFR 1065.1149 for spark ignition engines. Note that engine operating hours during service accumulation is the sum of the engine stabilization hours under paragraph (c)(1) of this section, service accumulation hours under paragraph (c)(2) of this section, and engine stabilization hours under paragraph (c)(11) of this section.</P>
                        <P>
                            (ii) For powertrains where hybrid components are part of the certified configuration, you may request a reduction in aging hours to represent charge-sustaining engine operation, with our approval. You may not account 
                            <PRTPAGE P="43234"/>
                            for engine-off operation due to charge-depleting operation.
                        </P>
                        <P>(iii) Use the accelerated bench-aging procedure in 40 CFR 1065.1131 through 1065.1145 for compression ignition engines, 40 CFR 1065.1147 through 1065.1155 for spark ignition engines, or get our advance approval to use a different procedure that adequately accounts for thermal and chemical degradation.</P>
                        <P>(10) After bench-aging aftertreatment devices, reinstall the aftertreatment devices and systems on the engine used for service accumulation in paragraph (c)(2) of this section, or install aftertreatment devices and systems on a different emission-data engine (or an equivalent engine) that has been stabilized without aftertreatment as described in paragraph (c)(1) of this section. Ensure that the aftertreatment is installed such that the engine is in a certified configuration to represent the engine family.</P>
                        <P>(11) Operate the engine with the bench-aged aftertreatment devices to allow controls to adapt to the aftertreatment condition and to stabilize emission controls. For compression ignition engines, operate at least 100 hours on an engine dynamometer as described in paragraph (c)(4) of this section. You may omit the idle and cooldown periods in paragraphs (c)(3)(i)(A), (D), and (E) or (c)(4)(ii)(A), (D), and (E) of this section. For spark ignition engines use good engineering judgment to determine the duty cycle and the operating time on an engine dynamometer.</P>
                        <P>(12) Once stabilization is complete, repeat the emission measurements described in paragraph (c)(1) of this section.</P>
                        <P>(13) Calculate each deterioration factor by comparing the highest exhaust emissions at any point during aging where you measure emissions and exhaust emissions at the low-hour test point as described in paragraph (c)(1) of this section, without extrapolation.</P>
                        <P>(14) To determine separate deterioration factors corresponding to a shorter useful life, calculate the total service accumulation corresponding to the shorter useful life as described in paragraph (c)(8)(ii) of this section. Once there is enough bench aging to represent operation corresponding to the shorter useful life, perform the steps described in paragraphs (c)(10) through (13) of this section, including emission measurement of all relevant pollutants. After this testing is complete, recalculate the required bench aging hours to account for the additional operation on the engine dynamometer and resume service accumulation to determine deterioration factors for the longer useful life.</P>
                        <STARS/>
                    </SECTION>
                    <AMDPAR>26. Amend § 1036.255 by revising paragraphs (a), (c)(7), (d), and (e) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1036.255 </SECTNO>
                        <SUBJECT>EPA oversight on certificates of conformity.</SUBJECT>
                        <P>(a) If we determine an application is complete and shows that the engine family meets all the requirements of this part and the Clean Air Act, we will issue a certificate of conformity for the engine family for that model year. We may make the approval subject to additional conditions.</P>
                        <STARS/>
                        <P>(c) * * *</P>
                        <P>(7) Take any action that otherwise circumvents the intent of the Clean Air Act or this part.</P>
                        <P>(d) We may void a certificate of conformity if you fail to keep records, send reports, or give us information as required under this part or the Clean Air Act. Note that these are also violations of 40 CFR 1068.101(a)(2).</P>
                        <P>(e) We may void a certificate of conformity if we find that you intentionally submitted false or incomplete information. This includes doing anything after submitting an application that causes submitted information to be false or incomplete.</P>
                        <STARS/>
                    </SECTION>
                    <AMDPAR>27. Amend § 1036.410 by revising paragraph (c) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1036.410 </SECTNO>
                        <SUBJECT>Selecting and screening vehicles and engines for testing.</SUBJECT>
                        <STARS/>
                        <P>(c) You must notify us before disqualifying any vehicle based on illuminated MIL or stored OBD trouble codes as described in § 1036.415(b)(3), or for any other reasons not specified in paragraph (b) of this section. For example, notify us if you disqualify any vehicle because the engine does not represent the engine family or the vehicle's usage is atypical for the particular application. You do not need to notify us in advance if the owner declines to participate in the test program.</P>
                    </SECTION>
                    <AMDPAR>28. Amend § 1036.415 by:</AMDPAR>
                    <AMDPAR>a. Revising paragraph (c) introductory text;</AMDPAR>
                    <AMDPAR>b. Adding paragraph (c)(6);</AMDPAR>
                    <AMDPAR>c. Revising paragraphs (d) and (g); and </AMDPAR>
                    <AMDPAR>d. Adding paragraph (h).</AMDPAR>
                    <P>The revisions and additions read as follows:</P>
                    <SECTION>
                        <SECTNO>§ 1036.415 </SECTNO>
                        <SUBJECT>Preparing and testing engines.</SUBJECT>
                        <STARS/>
                        <P>(c) Use appropriate fluids for testing, as follows:</P>
                        <STARS/>
                        <P>(6) Perform testing in the as-received condition with respect to DEF. You may measure the urea concentration of the as-received DEF.</P>
                        <P>(d) You must test the selected engines using the test procedure described in § 1036.530 while they remain installed in the vehicle. Testing consists of characterizing emission rates for moving average 300 second test intervals while driving, with those test intervals divided into bins representing different types of engine operation over a shift-day. Measure emissions as follows:</P>
                        <P>
                            (1) Perform all testing with PEMS and field-testing procedures referenced in 40 CFR part 1065, subpart J. Measure emissions of NO
                            <E T="52">X</E>
                            , CO, and CO
                            <E T="52">2</E>
                            . We may require you to also measure emissions of HC and PM. You may determine HC emissions by any method specified in 40 CFR 1065.660(b). If we do not require HC measurement, set 
                            <E T="03">x</E>
                            <E T="52">THCmeas</E>
                             in 40 CFR 1065.655 to zero.
                        </P>
                        <P>(2) If the engine's crankcase discharges emissions into the ambient atmosphere, as allowed by § 1036.115(a), you must either route all crankcase emissions into the exhaust for a combined measurement or add the crankcase emission values specified in § 1036.240(e) to represent emission levels at useful life instead of measuring crankcase emissions in the field.</P>
                        <STARS/>
                        <P>(g) For stop-start and automatic engine shutdown systems meeting the specifications of 40 CFR 1037.660, override idle-reduction features if they are adjustable under 40 CFR 1037.520(j)(4). If those systems are tamper-resistant under 40 CFR 1037.520(j)(4), set the 1-Hz emission rate to zero for all regulated pollutants when the idle-reduction feature is active. Do not exclude these data points under § 1036.530(d)(3)(ii).</P>
                        <P>(h) For hybrid powertrains that are designed to turn the engine off at zero vehicle speed, set the 1-Hz emission rate to zero for all regulated pollutants after the initial engine start for the shift-day when the engine is off, the vehicle speed is zero, and the powertrain is keyed on. Do not exclude these data points under § 1036.530(d)(3)(ii).</P>
                    </SECTION>
                    <AMDPAR>29. Amend § 1036.420 by:</AMDPAR>
                    <AMDPAR>a. Revising paragraphs (c) and (d) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1036.420 </SECTNO>
                        <SUBJECT>Pass criteria for individual engines.</SUBJECT>
                        <STARS/>
                        <P>
                            (c) For engines subject to compression-ignition standards, determine the number of test intervals for each pollutant in each bin. A bin is valid under this section only if it has at 
                            <PRTPAGE P="43235"/>
                            least 2,400 test intervals for bin 1 and at least 10,000 test intervals for bin 2.
                        </P>
                        <P>
                            (d) Continue testing and combine valid data from all test intervals for each measured pollutant from all shift-days to achieve the minimum test interval requirements for each bin. Combine valid ambient temperature data, 
                            <E T="03">T</E>
                            <E T="52">amb</E>
                            , from all shift-days, calculate the arithmetic mean of the ambient temperature,
                            <E T="7503">T</E>
                            <E T="52">amb</E>
                            , as specified in § 1036.530(i) and use this to calculate the off-cycle NO
                            <E T="52">X</E>
                             emission standard in § 1036.104(a)(3).
                        </P>
                        <P>(1) For example, you may perform additional testing to address a shortfall in reaching the minimum test interval requirements due to any of the following reasons:</P>
                        <P>(i) Insufficient shift-day operation as described in § 1036.415(f).</P>
                        <P>(ii) Excluded data as described in § 1036.530(d)(3).</P>
                        <P>(iii) Gas analyzer range verification failure according to 40 CFR 1065.935(g)(5)(i).</P>
                        <P>(iv) Drift verification failure according to 40 CFR 1065.935(g)(5)(ii) or (iii).</P>
                        <P>(2) You may idle the engine at the end of the shift day if you are not certain if you achieved at least 2,400 bin 1 test intervals. For engine designs that shut down the engine during idle as described in § 1036.415(g) or (h), populate bin 1 with additional test intervals by setting the 1-Hz emission rate for all regulated pollutants to zero at the end of the shift day to achieve exactly 2,400 bin 1 test intervals.</P>
                        <STARS/>
                    </SECTION>
                    <AMDPAR>30. Amend § 1036.425 by revising paragraph (c) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1036.425 </SECTNO>
                        <SUBJECT>Pass criteria for engine families.</SUBJECT>
                        <STARS/>
                        <P>
                            (c) If two or more engines tested under paragraphs (a) and (b) of this section do not comply fully with the off-cycle bin standards, test additional engines until you have tested a total of ten engines. Calculate the arithmetic mean of the bin emissions from the ten engine tests as specified in § 1036.530(h) for each pollutant. Calculate the arithmetic mean, 
                            <E T="7503">T</E>
                            <E T="52">amb</E>
                            , of the ambient temperature from the ten engine tests as specified in § 1036.530(i) and use this to calculate the off-cycle NO
                            <E T="52">X</E>
                             emission standard in § 1036.104(a)(3). If the mean values are at or below the off-cycle bin standards, the engine family passes. If the mean value for any pollutant is above an off-cycle bin standard, the engine family fails.
                        </P>
                        <STARS/>
                    </SECTION>
                    <AMDPAR>31. Amend § 1036.430 by:</AMDPAR>
                    <AMDPAR>a. Revising paragraph (a)(1)(ii);</AMDPAR>
                    <AMDPAR>b. Adding paragraph (a)(2)(x); and</AMDPAR>
                    <AMDPAR>c. Revising paragraphs (a)(3)(vii).</AMDPAR>
                    <P>The revisions and addition read as follows:</P>
                    <SECTION>
                        <SECTNO>§ 1036.430 </SECTNO>
                        <SUBJECT>Reporting requirements.</SUBJECT>
                        <P>(a) * * *</P>
                        <P>(1) * * *</P>
                        <P>(ii) Include a summary of the vehicles you have disqualified and the reasons you disqualified them, whether you base the disqualification on the criteria in § 1036.410(b), owner nonparticipation, or anything else. If you disqualify the vehicle based on illuminated MIL or stored OBD trouble codes, describe the MIL or trouble code information. If you disqualified a vehicle due to misfueling, include the results of any fuel sample tests. If you reject a vehicle due to tampering, describe how you determined that tampering occurred.</P>
                        <STARS/>
                        <P>(2) * * *</P>
                        <P>(x) Identify the time and vehicle mileage for adding DEF if the vehicle needs a DEF refill.</P>
                        <P>(3) * * *</P>
                        <P>(vii) The number of test intervals in each bin (see § 1036.420(c)).</P>
                        <STARS/>
                    </SECTION>
                    <AMDPAR>32. Amend § 1036.501 by:</AMDPAR>
                    <AMDPAR>a. Revising paragraph (b) introductory text;</AMDPAR>
                    <AMDPAR>b. Redesignating paragraph (b)(3) as paragraph (b)(4);</AMDPAR>
                    <AMDPAR>c. Adding a new paragraph (b)(3);</AMDPAR>
                    <AMDPAR>d. Revising paragraphs (f) and (h); and</AMDPAR>
                    <AMDPAR>e. Adding paragraph (i).</AMDPAR>
                    <P>The revisions and additions read as follows:</P>
                    <SECTION>
                        <SECTNO>§ 1036.501 </SECTNO>
                        <SUBJECT>General testing provisions.</SUBJECT>
                        <STARS/>
                        <P>(b) Use the fuels and engine fluids specified in 40 CFR part 1065 to perform valid tests, as follows:</P>
                        <STARS/>
                        <P>(3) For engines using selective catalytic reduction, use diesel exhaust fluid that conforms to the specifications referenced in the definition of “diesel exhaust fluid” in § 1036.801.</P>
                        <STARS/>
                        <P>(f) You may use special or alternative procedures to the extent we allow them under 40 CFR 1065.10.</P>
                        <STARS/>
                        <P>(h) For testing engines that use regenerative braking through the crankshaft only to power an electric heater for aftertreatment devices, you may use the nonhybrid engine testing procedures in §§ 1036.510, 1036.512, and 1036.514 and you may also or instead use the fuel mapping procedure in § 1036.505(b)(1) or (2). You may use this allowance only if the recovered energy is less than 10 percent of the total positive work for each applicable test interval. Otherwise, use powertrain testing procedures specified for hybrid powertrains to measure emissions and create fuel maps. For nonhybrid engines that use the powertrain test procedures, the provisions specified for nonhybrid powertrain testing apply. For engines that power an electric heater with a battery, you must meet the requirements related to charge-sustaining operation as described in 40 CFR 1066.501(a)(3).</P>
                        <P>(i) The following figure illustrates an example of a test sequence for determining criteria pollutant emissions for plug-in hybrid powertrains:</P>
                        <GPH SPAN="3" DEEP="562">
                            <PRTPAGE P="43236"/>
                            <GID>EP14JY26.029</GID>
                        </GPH>
                    </SECTION>
                    <AMDPAR>33. Amend § 1036.510 by revising paragraphs (b)(2) introductory text, (b)(2)(iii) and (vii), (c) introductory text, (c)(3), (d), (e), and (g) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1036.510 </SECTNO>
                        <SUBJECT>Supplemental Emission Test.</SUBJECT>
                        <STARS/>
                        <P>(b) * * *</P>
                        <P>
                            (2) Test hybrid powertrains as described in § 1036.545, except as specified in this paragraph (b)(2). Do not compensate the duty cycle for the distance driven as described in § 1036.545(g)(4). You may set the battery to the lowest SOC level that results in charge sustaining operation after preconditioning to help meet the NEC requirement described in § 1036.545(a)(6). Follow 40 CFR 1065.610(d)(3)(ii) for applying optional declared accessory loads. For hybrid engines, select the transmission model parameters as described in § 1036.510(b)(2)(viii). Disregard duty cycles in § 1036.545(j). For cycles that begin with idle, leave the transmission in neutral or park for the full initial idle segment. Place the transmission into drive no earlier than 5 seconds before the first nonzero vehicle speed setpoint. 
                            <PRTPAGE P="43237"/>
                            For SET testing only, place the transmission into park or neutral when the cycle reaches the final idle segment. Use the following vehicle parameters instead of those in § 1036.545 to define the vehicle model in § 1036.545(a)(3):
                        </P>
                        <STARS/>
                        <P>
                            (iii) Determine the vehicle drag area, 
                            <E T="03">C</E>
                            <E T="52">d</E>
                            <E T="03">A</E>
                            , as follows:
                        </P>
                        <GPH SPAN="3" DEEP="57">
                            <GID>EP14JY26.030</GID>
                        </GPH>
                        <EXTRACT>
                            <FP SOURCE="FP-2">Where:</FP>
                            <FP SOURCE="FP-2">
                                <E T="03">g</E>
                                 = gravitational constant = 9.80665 m/s
                                <SU>2</SU>
                                .
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="8153">r</E>
                                 = air density at reference conditions. Use 
                                <E T="8153">r</E>
                                 = 1.1845 kg/m
                                <SU>3</SU>
                                .
                            </FP>
                        </EXTRACT>
                        <P>
                            <E T="03">Example:</E>
                        </P>
                        <GPH SPAN="3" DEEP="27">
                            <GID>EP14JY26.031</GID>
                        </GPH>
                        <FP SOURCE="FP-2">
                            <E T="03">C</E>
                            <E T="52">d</E>
                            <E T="03">A</E>
                             = 4.69 m
                            <SU>2</SU>
                        </FP>
                        <STARS/>
                        <P>
                            (vii) Select a combination of drive axle ratio, 
                            <E T="03">k</E>
                            <E T="52">a</E>
                            , and a tire radius, 
                            <E T="03">r</E>
                            , that represents the worst-case combination of top gear ratio, drive axle ratio, and tire size for CO
                            <E T="52">2</E>
                             emissions expected for vehicles in which the hybrid engine or hybrid powertrain will be installed. This is typically the highest axle ratio and smallest tire radius. Disregard configurations or settings corresponding to a maximum vehicle speed below 60 mi/hr in selecting a drive axle ratio and tire radius, unless you can demonstrate that in-use vehicles will not exceed that speed. You may request preliminary approval for selected drive axle ratio and tire radius consistent with the provisions of § 1036.210. If the hybrid engine or hybrid powertrain is used exclusively in vehicles not capable of reaching 60 mi/hr, you may request that we approve an alternative test cycle and cycle-validation criteria as described in 40 CFR 1066.425(b)(5). Note that hybrid engines rely on a specified transmission that is different for each duty cycle; the transmission's top gear ratio therefore depends on the duty cycle, which will in turn change the selection of the drive axle ratio and tire size. For example, § 1036.520 prescribes a different top gear ratio than this paragraph (b)(2).
                        </P>
                        <STARS/>
                        <P>(c) Measure emissions using the SET duty cycle shown in Table 1 of this section to determine whether engines meet the emission standards specified in subpart B of this part. Table 1 of this section specifies test settings, as follows:</P>
                        <STARS/>
                        <P>
                            (3) Table 2 follows:
                            <PRTPAGE P="43238"/>
                        </P>
                        <GPOTABLE COLS="13" OPTS="L2,nj,p7,7/8,i1" CDEF="s50,10,r50,r50,r50,11,11,11,11,11,11,11,11">
                            <TTITLE>
                                Table 2 to Paragraph (
                                <E T="01">c</E>
                                )(
                                <E T="01">3</E>
                                ) of § 1036.510—Supplemental Emission Test
                            </TTITLE>
                            <BOXHD>
                                <CHED H="1">SET mode</CHED>
                                <CHED H="1">Engine testing</CHED>
                                <CHED H="2">
                                    Time in
                                    <LI>mode</LI>
                                    <LI>(seconds)</LI>
                                </CHED>
                                <CHED H="2">
                                    Engine
                                    <LI>
                                        speed 
                                        <E T="0731">a b</E>
                                    </LI>
                                </CHED>
                                <CHED H="2">
                                    Torque
                                    <LI>
                                        (percent) 
                                        <E T="0731">b c</E>
                                    </LI>
                                </CHED>
                                <CHED H="1">Hybrid powertrain testing</CHED>
                                <CHED H="2">
                                    Vehicle
                                    <LI>speed</LI>
                                    <LI>(mi/hr)</LI>
                                </CHED>
                                <CHED H="2">Road-grade coefficients</CHED>
                                <CHED H="3">
                                    <E T="03">a</E>
                                </CHED>
                                <CHED H="3">
                                    <E T="03">b</E>
                                </CHED>
                                <CHED H="3">
                                    <E T="03">c</E>
                                </CHED>
                                <CHED H="3">
                                    <E T="03">d</E>
                                </CHED>
                                <CHED H="3">
                                    <E T="03">e</E>
                                </CHED>
                                <CHED H="3">
                                    <E T="03">f</E>
                                </CHED>
                                <CHED H="3">
                                    <E T="03">g</E>
                                </CHED>
                                <CHED H="3">
                                    <E T="03">h</E>
                                </CHED>
                            </BOXHD>
                            <ROW>
                                <ENT I="01">1a Steady-state</ENT>
                                <ENT>124</ENT>
                                <ENT>Warm Idle</ENT>
                                <ENT>0</ENT>
                                <ENT>0</ENT>
                                <ENT>0</ENT>
                                <ENT>0</ENT>
                                <ENT>0</ENT>
                                <ENT>0</ENT>
                                <ENT>0</ENT>
                                <ENT>0</ENT>
                                <ENT>0</ENT>
                                <ENT>0</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">
                                    1b Transition 
                                    <SU>d</SU>
                                </ENT>
                                <ENT>20</ENT>
                                <ENT>Linear Transition</ENT>
                                <ENT>Linear Transition</ENT>
                                <ENT>Linear Transition</ENT>
                                <ENT>−1.898E-08</ENT>
                                <ENT>−5.895E-07</ENT>
                                <ENT>3.780E-05</ENT>
                                <ENT>4.706E-03</ENT>
                                <ENT>6.550E-04</ENT>
                                <ENT>−2.679E-02</ENT>
                                <ENT>−1.027E+00</ENT>
                                <ENT>1.542E+01</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">2a Steady-state</ENT>
                                <ENT>196</ENT>
                                <ENT>A</ENT>
                                <ENT>100</ENT>
                                <ENT>
                                    <E T="03">v</E>
                                    <E T="0732">refA</E>
                                </ENT>
                                <ENT>−1.227E-08</ENT>
                                <ENT>−5.504E-07</ENT>
                                <ENT>3.946E-05</ENT>
                                <ENT>1.212E-03</ENT>
                                <ENT>5.289E-04</ENT>
                                <ENT>−3.116E-02</ENT>
                                <ENT>−3.227E-01</ENT>
                                <ENT>1.619E+01</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">
                                    2b Transition 
                                    <SU>d</SU>
                                </ENT>
                                <ENT>20</ENT>
                                <ENT>Linear Transition</ENT>
                                <ENT>Linear Transition</ENT>
                                <ENT>Linear Transition</ENT>
                                <ENT>−2.305E-09</ENT>
                                <ENT>−4.873E-07</ENT>
                                <ENT>2.535E-05</ENT>
                                <ENT>8.156E-04</ENT>
                                <ENT>4.730E-04</ENT>
                                <ENT>−2.383E-02</ENT>
                                <ENT>−2.975E-01</ENT>
                                <ENT>1.277E+01</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">3a Steady-state</ENT>
                                <ENT>220</ENT>
                                <ENT>B</ENT>
                                <ENT>50</ENT>
                                <ENT>
                                    <E T="03">v</E>
                                    <E T="0732">refB</E>
                                </ENT>
                                <ENT>8.296E-09</ENT>
                                <ENT>−4.752E-07</ENT>
                                <ENT>1.291E-05</ENT>
                                <ENT>2.880E-04</ENT>
                                <ENT>4.524E-04</ENT>
                                <ENT>−1.802E-02</ENT>
                                <ENT>−1.830E-01</ENT>
                                <ENT>8.810E+00</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">3b Transition</ENT>
                                <ENT>20</ENT>
                                <ENT>B</ENT>
                                <ENT>Linear Transition</ENT>
                                <ENT>
                                    <E T="03">v</E>
                                    <E T="0732">refB</E>
                                </ENT>
                                <ENT>4.642E-09</ENT>
                                <ENT>−5.143E-07</ENT>
                                <ENT>1.991E-05</ENT>
                                <ENT>3.556E-04</ENT>
                                <ENT>4.873E-04</ENT>
                                <ENT>−2.241E-02</ENT>
                                <ENT>−2.051E-01</ENT>
                                <ENT>1.068E+01</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">4a Steady-state</ENT>
                                <ENT>220</ENT>
                                <ENT>B</ENT>
                                <ENT>75</ENT>
                                <ENT>
                                    <E T="03">v</E>
                                    <E T="0732">refB</E>
                                </ENT>
                                <ENT>1.818E-10</ENT>
                                <ENT>−5.229E-07</ENT>
                                <ENT>2.579E-05</ENT>
                                <ENT>5.575E-04</ENT>
                                <ENT>5.006E-04</ENT>
                                <ENT>−2.561E-02</ENT>
                                <ENT>−2.399E-01</ENT>
                                <ENT>1.287E+01</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">
                                    4b Transition 
                                    <SU>d</SU>
                                </ENT>
                                <ENT>20</ENT>
                                <ENT>Linear Transition</ENT>
                                <ENT>Linear Transition</ENT>
                                <ENT>Linear Transition</ENT>
                                <ENT>5.842E-10</ENT>
                                <ENT>−4.992E-07</ENT>
                                <ENT>2.244E-05</ENT>
                                <ENT>4.700E-04</ENT>
                                <ENT>4.659E-04</ENT>
                                <ENT>−2.203E-02</ENT>
                                <ENT>−1.761E-01</ENT>
                                <ENT>1.072E+01</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">5a Steady-state</ENT>
                                <ENT>268</ENT>
                                <ENT>A</ENT>
                                <ENT>50</ENT>
                                <ENT>
                                    <E T="03">v</E>
                                    <E T="0732">refA</E>
                                </ENT>
                                <ENT>3.973E-09</ENT>
                                <ENT>−4.362E-07</ENT>
                                <ENT>1.365E-05</ENT>
                                <ENT>4.846E-04</ENT>
                                <ENT>4.158E-04</ENT>
                                <ENT>−1.606E-02</ENT>
                                <ENT>−1.908E-01</ENT>
                                <ENT>8.206E+00</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">5b Transition</ENT>
                                <ENT>20</ENT>
                                <ENT>A</ENT>
                                <ENT>Linear Transition</ENT>
                                <ENT>
                                    <E T="03">v</E>
                                    <E T="0732">refA</E>
                                </ENT>
                                <ENT>−2.788E-10</ENT>
                                <ENT>−4.226E-07</ENT>
                                <ENT>1.812E-05</ENT>
                                <ENT>6.591E-04</ENT>
                                <ENT>4.158E-04</ENT>
                                <ENT>−1.846E-02</ENT>
                                <ENT>−2.201E-01</ENT>
                                <ENT>1.001E+01</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">6a Steady-state</ENT>
                                <ENT>268</ENT>
                                <ENT>A</ENT>
                                <ENT>75</ENT>
                                <ENT>
                                    <E T="03">v</E>
                                    <E T="0732">refA</E>
                                </ENT>
                                <ENT>−4.216E-09</ENT>
                                <ENT>−4.891E-07</ENT>
                                <ENT>2.641E-05</ENT>
                                <ENT>8.796E-04</ENT>
                                <ENT>4.692E-04</ENT>
                                <ENT>−2.348E-02</ENT>
                                <ENT>−2.595E-01</ENT>
                                <ENT>1.226E+01</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">6b Transition</ENT>
                                <ENT>20</ENT>
                                <ENT>A</ENT>
                                <ENT>Linear Transition</ENT>
                                <ENT>
                                    <E T="03">v</E>
                                    <E T="0732">refA</E>
                                </ENT>
                                <ENT>3.979E-09</ENT>
                                <ENT>−4.392E-07</ENT>
                                <ENT>1.411E-05</ENT>
                                <ENT>2.079E-04</ENT>
                                <ENT>4.203E-04</ENT>
                                <ENT>−1.658E-02</ENT>
                                <ENT>−1.655E-01</ENT>
                                <ENT>7.705E+00</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">7a Steady-state</ENT>
                                <ENT>268</ENT>
                                <ENT>A</ENT>
                                <ENT>25</ENT>
                                <ENT>
                                    <E T="03">v</E>
                                    <E T="0732">refA</E>
                                </ENT>
                                <ENT>1.211E-08</ENT>
                                <ENT>−3.772E-07</ENT>
                                <ENT>6.209E-07</ENT>
                                <ENT>1.202E-04</ENT>
                                <ENT>3.578E-04</ENT>
                                <ENT>−8.420E-03</ENT>
                                <ENT>−1.248E-01</ENT>
                                <ENT>4.189E+00</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">
                                    7b Transition 
                                    <SU>d</SU>
                                </ENT>
                                <ENT>20</ENT>
                                <ENT>Linear Transition</ENT>
                                <ENT>Linear Transition</ENT>
                                <ENT>Linear Transition</ENT>
                                <ENT>1.659E-09</ENT>
                                <ENT>−4.954E-07</ENT>
                                <ENT>2.103E-05</ENT>
                                <ENT>4.849E-04</ENT>
                                <ENT>4.776E-04</ENT>
                                <ENT>−2.194E-02</ENT>
                                <ENT>−2.551E-01</ENT>
                                <ENT>1.075E+01</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">8a Steady-state</ENT>
                                <ENT>196</ENT>
                                <ENT>B</ENT>
                                <ENT>100</ENT>
                                <ENT>
                                    <E T="03">v</E>
                                    <E T="0732">refB</E>
                                </ENT>
                                <ENT>−8.232E-09</ENT>
                                <ENT>−5.707E-07</ENT>
                                <ENT>3.900E-05</ENT>
                                <ENT>8.150E-04</ENT>
                                <ENT>5.477E-04</ENT>
                                <ENT>−3.325E-02</ENT>
                                <ENT>-2.956E-01</ENT>
                                <ENT>1.689E+01</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">8b Transition</ENT>
                                <ENT>20</ENT>
                                <ENT>B</ENT>
                                <ENT>Linear Transition</ENT>
                                <ENT>
                                    <E T="03">v</E>
                                    <E T="0732">refB</E>
                                </ENT>
                                <ENT>4.286E-09</ENT>
                                <ENT>−5.150E-07</ENT>
                                <ENT>2.070E-05</ENT>
                                <ENT>5.214E-04</ENT>
                                <ENT>4.882E-04</ENT>
                                <ENT>−2.291E-02</ENT>
                                <ENT>−2.271E-01</ENT>
                                <ENT>1.157E+01</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">9a Steady-state</ENT>
                                <ENT>196</ENT>
                                <ENT>B</ENT>
                                <ENT>25</ENT>
                                <ENT>
                                    <E T="03">v</E>
                                    <E T="0732">refB</E>
                                </ENT>
                                <ENT>1.662E-08</ENT>
                                <ENT>−4.261E-07</ENT>
                                <ENT>−2.705E-07</ENT>
                                <ENT>2.098E-05</ENT>
                                <ENT>4.046E-04</ENT>
                                <ENT>−1.037E-02</ENT>
                                <ENT>−1.263E-01</ENT>
                                <ENT>4.751E+00</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">
                                    9b Transition 
                                    <SU>d</SU>
                                </ENT>
                                <ENT>20</ENT>
                                <ENT>Linear Transition</ENT>
                                <ENT>Linear Transition</ENT>
                                <ENT>Linear Transition</ENT>
                                <ENT>7.492E-09</ENT>
                                <ENT>−5.451E-07</ENT>
                                <ENT>1.950E-05</ENT>
                                <ENT>2.243E-04</ENT>
                                <ENT>5.114E-04</ENT>
                                <ENT>−2.331E-02</ENT>
                                <ENT>−2.270E-01</ENT>
                                <ENT>1.062E+01</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">10a Steady-state</ENT>
                                <ENT>28</ENT>
                                <ENT>C</ENT>
                                <ENT>100</ENT>
                                <ENT>
                                    <E T="03">v</E>
                                    <E T="0732">refC</E>
                                </ENT>
                                <ENT>−1.073E-09</ENT>
                                <ENT>−5.904E-07</ENT>
                                <ENT>3.477E-05</ENT>
                                <ENT>5.069E-04</ENT>
                                <ENT>5.647E-04</ENT>
                                <ENT>−3.354E-02</ENT>
                                <ENT>−2.648E-01</ENT>
                                <ENT>1.651E+01</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">10b Transition</ENT>
                                <ENT>20</ENT>
                                <ENT>C</ENT>
                                <ENT>Linear Transition</ENT>
                                <ENT>
                                    <E T="03">v</E>
                                    <E T="0732">refC</E>
                                </ENT>
                                <ENT>9.957E-09</ENT>
                                <ENT>−5.477E-07</ENT>
                                <ENT>1.826E-05</ENT>
                                <ENT>2.399E-04</ENT>
                                <ENT>5.196E-04</ENT>
                                <ENT>−2.410E-02</ENT>
                                <ENT>−2.010E-01</ENT>
                                <ENT>1.128E+01</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">11a Steady-state</ENT>
                                <ENT>4</ENT>
                                <ENT>C</ENT>
                                <ENT>25</ENT>
                                <ENT>
                                    <E T="03">v</E>
                                    <E T="0732">refC</E>
                                </ENT>
                                <ENT>1.916E-08</ENT>
                                <ENT>−5.023E-07</ENT>
                                <ENT>3.715E-06</ENT>
                                <ENT>3.634E-05</ENT>
                                <ENT>4.706E-04</ENT>
                                <ENT>−1.539E-02</ENT>
                                <ENT>−1.485E-01</ENT>
                                <ENT>6.827E+00</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">11b Transition</ENT>
                                <ENT>20</ENT>
                                <ENT>C</ENT>
                                <ENT>Linear Transition</ENT>
                                <ENT>
                                    <E T="03">v</E>
                                    <E T="0732">refC</E>
                                </ENT>
                                <ENT>1.474E-08</ENT>
                                <ENT>−5.176E-07</ENT>
                                <ENT>1.027E-05</ENT>
                                <ENT>1.193E-04</ENT>
                                <ENT>4.911E-04</ENT>
                                <ENT>−1.937E-02</ENT>
                                <ENT>−1.713E-01</ENT>
                                <ENT>8.872E+00</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">12a Steady-state</ENT>
                                <ENT>4</ENT>
                                <ENT>C</ENT>
                                <ENT>75</ENT>
                                <ENT>
                                    <E T="03">v</E>
                                    <E T="0732">refC</E>
                                </ENT>
                                <ENT>6.167E-09</ENT>
                                <ENT>−5.577E-07</ENT>
                                <ENT>2.354E-05</ENT>
                                <ENT>3.524E-04</ENT>
                                <ENT>5.319E-04</ENT>
                                <ENT>−2.708E-02</ENT>
                                <ENT>−2.253E-01</ENT>
                                <ENT>1.313E+01</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">12b Transition</ENT>
                                <ENT>20</ENT>
                                <ENT>C</ENT>
                                <ENT>Linear Transition</ENT>
                                <ENT>
                                    <E T="03">v</E>
                                    <E T="0732">refC</E>
                                </ENT>
                                <ENT>1.039E-08</ENT>
                                <ENT>−5.451E-07</ENT>
                                <ENT>1.756E-05</ENT>
                                <ENT>2.257E-04</ENT>
                                <ENT>5.165E-04</ENT>
                                <ENT>−2.366E-02</ENT>
                                <ENT>−1.978E-01</ENT>
                                <ENT>1.106E+01</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">13a Steady-state</ENT>
                                <ENT>4</ENT>
                                <ENT>C</ENT>
                                <ENT>50</ENT>
                                <ENT>
                                    <E T="03">v</E>
                                    <E T="0732">refC</E>
                                </ENT>
                                <ENT>6.209E-09</ENT>
                                <ENT>−5.292E-07</ENT>
                                <ENT>2.126E-05</ENT>
                                <ENT>3.475E-04</ENT>
                                <ENT>5.132E-04</ENT>
                                <ENT>−2.552E-02</ENT>
                                <ENT>−2.212E-01</ENT>
                                <ENT>1.274E+01</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">
                                    13b Transition 
                                    <SU>d</SU>
                                </ENT>
                                <ENT>20</ENT>
                                <ENT>Linear Transition</ENT>
                                <ENT>Linear Transition</ENT>
                                <ENT>Linear Transition</ENT>
                                <ENT>4.461E-09</ENT>
                                <ENT>−6.452E-07</ENT>
                                <ENT>1.301E-05</ENT>
                                <ENT>1.420E-03</ENT>
                                <ENT>5.779E-04</ENT>
                                <ENT>−1.564E-02</ENT>
                                <ENT>1.949E-01</ENT>
                                <ENT>7.998E+00</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">14 Steady-state</ENT>
                                <ENT>144</ENT>
                                <ENT>Warm Idle</ENT>
                                <ENT>0</ENT>
                                <ENT>0</ENT>
                                <ENT>0</ENT>
                                <ENT>0</ENT>
                                <ENT>0</ENT>
                                <ENT>0</ENT>
                                <ENT>0</ENT>
                                <ENT>0</ENT>
                                <ENT>0</ENT>
                                <ENT>0</ENT>
                            </ROW>
                            <TNOTE>
                                <SU>a</SU>
                                 Engine speed terms are defined in 40 CFR part 1065.
                            </TNOTE>
                            <TNOTE>
                                <SU>b</SU>
                                 Advance from one mode to the next within a 20 second transition phase. During the transition phase, command a linear progression from the settings of the current mode to the settings of the next mode.
                            </TNOTE>
                            <TNOTE>
                                <SU>c</SU>
                                 The percent torque is relative to maximum torque at the commanded engine speed.
                            </TNOTE>
                            <TNOTE>
                                <SU>d</SU>
                                 Use the average vehicle speed during each transition for 
                                <E T="03">v</E>
                                <E T="0732">ref</E>
                                 in Eq. 1036.510-7 for calculating road grade for all points during the transition.
                            </TNOTE>
                        </GPOTABLE>
                        <PRTPAGE P="43239"/>
                        <P>(d) Determine criteria pollutant emissions for plug-in hybrid powertrains for charge-sustaining operation as described in paragraph (b)(2) of this section.</P>
                        <P>(e) Determine greenhouse gas pollutant emissions for plug-in hybrid powertrains using the emissions results for all the SET test intervals for both charge-depleting and charge-sustaining operation as follows:</P>
                        <P>(1) Carry out a charge-depleting test as described in paragraph (b)(2) of this section, except as follows:</P>
                        <P>(i) Fully charge the RESS after preconditioning.</P>
                        <P>(ii) Operate the engine or powertrain continuously over repeated SET duty cycles until you reach the end-of-test criterion defined in 40 CFR 1066.501(a)(3).</P>
                        <P>(iii) Calculate emission results for each SET duty cycle. Figure 1 to paragraph (e)(3) of this section provides an example of a charge-depleting test sequence where there are two test intervals that contain engine operation.</P>
                        <P>(2) Report the highest emission result for each GHG pollutant from all tests in paragraph (e)(1) of this section, even if those individual results come from different test intervals.</P>
                        <P>(3) The following figure illustrates an example of an SET charge-depleting test sequence:</P>
                        <GPH SPAN="3" DEEP="268">
                            <GID>EP14JY26.032</GID>
                        </GPH>
                        <P>
                            (4) Calculate the utility factor-weighted composite mass of emissions from the charge-depleting and charge-sustaining test results, 
                            <E T="03">e</E>
                            <E T="52">UF[emission]comp</E>
                            , using the following equation:
                        </P>
                        <GPH SPAN="3" DEEP="110">
                            <GID>EP14JY26.033</GID>
                        </GPH>
                        <EXTRACT>
                            <FP SOURCE="FP-2">Where:</FP>
                            <FP SOURCE="FP-2">
                                <E T="03">i</E>
                                 = an indexing variable that represents one test interval.
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="03">N</E>
                                 = total number of charge-depleting test intervals.
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="03">e</E>
                                <E T="52">[emission][int]CDi</E>
                                 = total mass of emissions in the charge-depleting portion of the test for each test interval, 
                                <E T="03">i,</E>
                                 starting from 
                                <E T="03">i</E>
                                 = 1, including the test interval(s) from the transition phase.
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="03">UF</E>
                                <E T="52">DCD</E>
                                <E T="54">i</E>
                                 = utility factor fraction at distance 
                                <E T="03">D</E>
                                <E T="52">CD</E>
                                <E T="54">i</E>
                                 from Eq. 1036.510-11, as determined by interpolating the approved utility factor curve for each test interval, 
                                <E T="03">i,</E>
                                 starting from 
                                <E T="03">i</E>
                                 = 1. Let 
                                <E T="03">UF</E>
                                <E T="52">DCD0</E>
                                 = 0.
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="03">j</E>
                                 = an indexing variable that represents one test interval.
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="03">M</E>
                                 = total number of charge-sustaining test intervals.
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="03">e</E>
                                <E T="52">[emission][int]CS</E>
                                <E T="54">j</E>
                                 = total mass of emissions in the charge-sustaining portion of the test for each test interval, 
                                <E T="03">j,</E>
                                 starting from 
                                <E T="03">j</E>
                                 = 1.
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="03">UF</E>
                                <E T="52">RCD</E>
                                 = utility factor fraction at the full charge-depleting distance, 
                                <E T="03">R</E>
                                <E T="52">CD</E>
                                , as 
                                <PRTPAGE P="43240"/>
                                determined by interpolating the approved utility factor curve. 
                                <E T="03">R</E>
                                <E T="52">CD</E>
                                 is the cumulative distance driven over 
                                <E T="03">N</E>
                                 charge-depleting test intervals.
                            </FP>
                        </EXTRACT>
                        <GPH SPAN="1" DEEP="68">
                            <GID>EP14JY26.034</GID>
                        </GPH>
                        <EXTRACT>
                            <FP SOURCE="FP-2">Where:</FP>
                            <FP SOURCE="FP-2">
                                <E T="03">k</E>
                                 = an indexing variable that represents one recorded velocity value.
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="03">Q</E>
                                 = total number of measurements over the test interval.
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="03">v</E>
                                 = vehicle velocity at each time step, 
                                <E T="03">k,</E>
                                 starting from 
                                <E T="03">k</E>
                                 = 1. For tests completed under this section, 
                                <E T="03">v</E>
                                 is the vehicle velocity from the vehicle model in § 1036.545. Note that this should include charge-depleting test intervals that start when the engine is not yet operating.
                            </FP>
                            <FP SOURCE="FP-2">
                                Δ
                                <E T="03">t</E>
                                 = 1/
                                <E T="03">f</E>
                                <E T="52">record</E>
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="03">f</E>
                                <E T="52">record</E>
                                 = the record rate.
                            </FP>
                        </EXTRACT>
                        <P>
                            <E T="03">Example using the charge-depletion test in figure 1 to paragraph (d)(4) of this section for the SET for CO</E>
                            <E T="54">2</E>
                              
                            <E T="03">emission determination:</E>
                        </P>
                        <FP SOURCE="FP-2">
                            <E T="03">Q</E>
                             = 24000
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">v</E>
                            <E T="52">1</E>
                             = 0 mi/hr
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">v</E>
                            <E T="52">2</E>
                             = 0.8 mi/hr
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">v</E>
                            <E T="52">3</E>
                             = 1.1 mi/hr
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">f</E>
                            <E T="52">record</E>
                             = 10 Hz
                        </FP>
                        <FP SOURCE="FP-2">
                            Δ
                            <E T="03">t</E>
                             = 1/10 Hz = 0.1 s
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">D</E>
                            <E T="52">CD1</E>
                             =  Σ
                            <E T="51">24000</E>
                            <E T="54">k</E>
                            <E T="52">=1</E>
                             (0 · 0.1 + 0.8 · 0.1 + 1.1 · 0.1 + 
                            <E T="03">v</E>
                            <E T="52">24000</E>
                             · Δ
                            <E T="03">t</E>
                            )
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">D</E>
                            <E T="52">CD1</E>
                             = 30.1 mi
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">D</E>
                            <E T="52">CD2</E>
                             = 30.0 mi
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">D</E>
                            <E T="52">CD3</E>
                             = 30.1 mi
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">D</E>
                            <E T="52">CD4</E>
                             = 30.2 mi
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">D</E>
                            <E T="52">CD5</E>
                             = 30.1 mi
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">N</E>
                             = 5
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">UF</E>
                            <E T="52">DCD1</E>
                             = 0.11
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">UF</E>
                            <E T="52">DCD2</E>
                             = 0.23
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">UF</E>
                            <E T="52">DCD3</E>
                             = 0.34
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">UF</E>
                            <E T="52">DCD4</E>
                             = 0.45
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">UF</E>
                            <E T="52">DCD5</E>
                             = 0.53
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">e</E>
                            <E T="52">CO2SETCD1</E>
                             = 0 g/hp·hr
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">e</E>
                            <E T="52">CO2SETCD2</E>
                             = 0 g/hp·hr
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">e</E>
                            <E T="52">CO2SETCD3</E>
                             = 0 g/hp·hr
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">e</E>
                            <E T="52">CO2SETCD4</E>
                             = 0 g/hp·hr
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">e</E>
                            <E T="52">CO2SETCD5</E>
                             = 174.4 g/hp·hr
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">M</E>
                             = 1
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">e</E>
                            <E T="52">CO2SETCS</E>
                             = 428.1 g/hp·hr
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">UF</E>
                            <E T="52">RCD</E>
                             = 0.53
                        </FP>
                        <GPH SPAN="3" DEEP="62">
                            <GID>EP14JY26.035</GID>
                        </GPH>
                        <FP SOURCE="FP-2">
                            <E T="03">e</E>
                            <E T="52">UFCO2comp</E>
                             = 215.2 g/hp·hr
                        </FP>
                        <STARS/>
                        <P>
                            (g) Calculate the total emission mass of each constituent, 
                            <E T="03">m,</E>
                             over the test interval as described in 40 CFR 1065.650. Calculate the total work, 
                            <E T="03">W,</E>
                             over the test interval as described in 40 CFR 1065.650(d), with the following exceptions for testing hybrid powertrains:
                        </P>
                        <P>
                            (1) Determine shaft power at each point during the test interval using system power, 
                            <E T="03">P</E>
                            <E T="52">sys</E>
                            , from § 1036.520(f) instead of calculating shaft power according to 40 CFR 1065.650(d)(2).
                        </P>
                        <P>(2) Do not set power values to zero as described in 40 CFR 1065.650(d)(6).</P>
                        <P>(3) For criteria pollutant charge sustaining tests, where the net energy change tolerance is greater than 1 percent and less than or equal to 5 percent, subtract net energy change from the battery determined from 40 CFR 1066.501(a)(3) from the total work determined from this paragraph (g) and 40 CFR 1065.650(d).</P>
                    </SECTION>
                    <AMDPAR>34. Amend § 1036.512 by revising paragraphs (c) and (d) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1036.512 </SECTNO>
                        <SUBJECT>Federal Test Procedure.</SUBJECT>
                        <STARS/>
                        <P>
                            (c) Except as specified in paragraph (d) of this section for plug-in hybrid powertrains, the FTP duty cycle consists of an initial run through the test interval from a cold start as described in 40 CFR part 1065, subpart F, followed by a (20 ± 1) minute hot soak with no engine operation, and then a final hot start run through the same transient test interval. Engine starting is part of both the cold-start and hot-start test intervals. Calculate the total emission mass of each constituent, m, and the total work, 
                            <E T="03">W</E>
                            , over the test interval as described in § 1036.510(g). For powertrains with automatic transmissions, account for and include the work produced by the engine from the CITT load. Calculate the official transient emission result from the cold-start and hot-start test intervals using the following equation:
                        </P>
                        <GPH SPAN="3" DEEP="53">
                            <GID>EP14JY26.036</GID>
                        </GPH>
                        <P>(d) Determine criteria pollutant emissions for plug-in hybrid powertrains as follows:</P>
                        <P>(1) Carry out a charge-depleting test as described in paragraph (b)(2) of this section, except as follows:</P>
                        <P>(i) Precondition the engine or powertrain as described in 40 CFR 1065.518(c)(1).</P>
                        <P>(ii) Fully charge the RESS after preconditioning.</P>
                        <P>(iii) Operate it over one FTP duty cycle followed by alternating repeats of a 20-minute soak and a hot start test interval until you reach the end-of-test criteria defined in 40 CFR 1066.501(a)(3).</P>
                        <P>(iv) Calculate the composite emission result by treating the first test interval with engine operation and the subsequent test interval as the cold-start test intervals and the test interval that follows those two as the hot-start test interval. Figure 1 to paragraph (d)(4) of this section provides an example of a charge-depleting test sequence where the fifth and sixth test intervals are the cold-start test intervals while the seventh is the hot-start test interval. Calculate the official transient emission result from the cold-start and hot-start test intervals using the following equation:</P>
                        <GPH SPAN="3" DEEP="84">
                            <PRTPAGE P="43241"/>
                            <GID>EP14JY26.037</GID>
                        </GPH>
                        <P>(2) Carry out a charge-sustaining test as described in paragraphs (b)(2) and (c) of this section.</P>
                        <P>(3) Report the highest composite emission result from all FTP duty-cycles for each criteria pollutant from all tests in paragraphs (d)(1) and (2) of this section, even if those individual results come from different test intervals.</P>
                        <P>(4) The following figure illustrates an example of an FTP charge-depleting test sequence:</P>
                        <GPH SPAN="3" DEEP="287">
                            <GID>EP14JY26.038</GID>
                        </GPH>
                        <P>(5) The following figure illustrates an example of an FTP charge-sustaining test sequence:</P>
                        <GPH SPAN="3" DEEP="224">
                            <PRTPAGE P="43242"/>
                            <GID>EP14JY26.039</GID>
                        </GPH>
                        <STARS/>
                    </SECTION>
                    <AMDPAR>35. Amend § 1036.514 by revising paragraphs (a)(1)(i), (b), and (d) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1036.514 </SECTNO>
                        <SUBJECT>Low Load Cycle.</SUBJECT>
                        <STARS/>
                        <P>(a) * * *</P>
                        <P>(1) * * *</P>
                        <P>(i) Apply the accessory load at idle in paragraph (c) of this section using declared idle power as described in 40 CFR 1065.510(f)(6). The option of declaring a nonzero torque under 40 CFR 1065.510(f)(5)(iii) does not apply.</P>
                        <STARS/>
                        <P>(b) Test hybrid powertrains as described in § 1036.510(b)(2), with the following exceptions:</P>
                        <P>(1) Replace “SET” with “LLC”.</P>
                        <P>
                            (2) Replace 
                            <E T="03">P</E>
                            <E T="52">contrated</E>
                             with 
                            <E T="03">P</E>
                            <E T="52">rated</E>
                            , which is the peak rated power determined in § 1036.520.
                        </P>
                        <P>(3) Keep the transmission in drive for all idle segments 200 seconds or less. For idle segments more than 200 seconds, leave the transmission in drive for the first 3 seconds of the idle segment, then immediately place the transmission in park or neutral, and shift the transmission into drive again 3 seconds before the end of the idle segment. The end of the idle segment occurs at the first nonzero vehicle speed setpoint.</P>
                        <P>(4) For hybrid engines, you may request to change the GEM-generated engine reference torque at idle to better represent curb idle transmission torque (CITT).</P>
                        <P>(5) Calculate and evaluate cycle-validation criteria as specified in § 1036.545.</P>
                        <STARS/>
                        <P>
                            (d) Except as specified in paragraph (b)(4) of this section for plug-in hybrid powertrains, the test sequence consists of preconditioning the engine by running one or two FTPs with each FTP followed by (20 ±1) minutes with no engine operation and a hot start run through the LLC. You may start any preconditioning FTP with a hot engine. Perform testing as described in 40 CFR 1065.530 for a test interval that includes engine starting. Calculate the total emission mass of each constituent, 
                            <E T="03">m</E>
                            , and the total work, 
                            <E T="03">W</E>
                            , over the test interval as described in § 1036.510(g). Do not exclude accessory loads specified in paragraph (c) of this section when calculating 
                            <E T="03">W</E>
                            . For powertrains with automatic transmissions, account for and include the work produced by the engine from the CITT load.
                        </P>
                        <STARS/>
                    </SECTION>
                    <AMDPAR>36. Amend § 1036.520 by</AMDPAR>
                    <AMDPAR>a. Revising paragraphs (d), (e), (f)(1), and (h) through (k); and</AMDPAR>
                    <AMDPAR>b. Adding a new paragraph (l); and</AMDPAR>
                    <P>These revisions and addition read as follows:</P>
                    <SECTION>
                        <SECTNO>§ 1036.520 </SECTNO>
                        <SUBJECT>Determining power and vehicle speed values for powertrain testing.</SUBJECT>
                        <STARS/>
                        <P>(d) Carry out the test as described in this paragraph (d). The state-of-charge of the RESS must be at a representative level to deliver maximum power.</P>
                        <P>
                            (1) Warm up the powertrain with one FTP duty-cycle that you denormalized using the manufacturer declared P
                            <E T="52">contrated</E>
                            .
                        </P>
                        <P>(2) Ramp the vehicle speed to 5 mi/hr with a grade of 0 percent over 5 seconds and dwell at this speed and grade for 5 seconds.</P>
                        <P>(3) Ramp to maximum driver demand for a full load acceleration within 3 seconds at 6.0 percent road grade, continuing for 268 seconds.</P>
                        <P>
                            (4) Linearly ramp the grade from 6.0% down to 0.0% over 300 seconds. Stop the test after the acceleration is less than 0.02 m/s
                            <SU>2</SU>
                            .
                        </P>
                        <P>
                            (e) Record the powertrain system angular speed and torque values measured at the dynamometer at 100 Hz and use these in conjunction with the vehicle model to calculate vehicle system power, 
                            <E T="03">P</E>
                            <E T="52">sys,vehicle</E>
                            . Note that 
                            <E T="03">P</E>
                            <E T="52">sys</E>
                            , is the corresponding value for system power at a location that represents the engine's primary output shaft on a conventional powertrain.
                        </P>
                        <P>(f) * * *</P>
                        <P>
                            (1) For testing with the speed and torque measurements at the engine's primary output shaft, 
                            <E T="03">P</E>
                            <E T="52">sys</E>
                             is equal to the calculated vehicle system power, 
                            <E T="03">P</E>
                            <E T="52">sys,vehicle</E>
                            , determined in paragraphs (d) and (e) of this section.
                        </P>
                        <STARS/>
                        <P>
                            (h) Determine measured rated power, 
                            <E T="03">P</E>
                            <E T="52">ratedmeas</E>
                            , as the maximum measured power from the data collected in paragraph (d)(2) of this section where the COV determined in paragraph (g) of this section is less than 0.5 percent.
                        </P>
                        <P>
                            (i) Determine rated power, 
                            <E T="03">P</E>
                            <E T="52">rated</E>
                            , as follows:
                        </P>
                        <P>
                            (1) For nonhybrid powertrains 
                            <E T="03">P</E>
                            <E T="52">rated</E>
                             equals 
                            <E T="03">P</E>
                            <E T="52">ratedmeas</E>
                            .
                        </P>
                        <P>
                            (2) For hybrid powertrains, 
                            <E T="03">P</E>
                            <E T="52">rated</E>
                             is the lower of 
                            <E T="03">P</E>
                            <E T="52">ratedmeas</E>
                             and the following values:
                        </P>
                        <P>(i) 260 kW for Spark-ignition HDE and Light HDE.</P>
                        <P>(ii) 340 kW for Medium HDE.</P>
                        <P>
                            (iii) 450 kW for Heavy HDE.
                            <PRTPAGE P="43243"/>
                        </P>
                        <P>
                            (j) Determine continuous rated power, 
                            <E T="03">P</E>
                            <E T="52">contrated</E>
                            , as follows:
                        </P>
                        <P>
                            (1) For nonhybrid powertrains, 
                            <E T="03">P</E>
                            <E T="52">contrated</E>
                             equals 
                            <E T="03">P</E>
                            <E T="52">rated</E>
                            .
                        </P>
                        <P>
                            (2) For hybrid powertrains, 
                            <E T="03">P</E>
                            <E T="52">contrated</E>
                             is the smaller of the following values:
                        </P>
                        <P>(i) The maximum measured power from the data collected in paragraph (d)(4) of this section where the COV determined in paragraph (g) of this section is less than 0.5 percent.</P>
                        <P>
                            (ii) 
                            <E T="03">P</E>
                            <E T="52">rated</E>
                             from paragraph (i) of this section.
                        </P>
                        <P>
                            (k) Determine vehicle C speed, 
                            <E T="03">v</E>
                            <E T="52">refC</E>
                            , as follows:
                        </P>
                        <P>
                            (1) If the maximum 
                            <E T="03">P</E>
                            <E T="52">sys</E>
                            (
                            <E T="03">t</E>
                            ) in the highest gear during the maneuver in paragraph (d)(4) of this section is greater than 0.98·
                            <E T="03">P</E>
                            <E T="52">contrated</E>
                            , 
                            <E T="03">v</E>
                            <E T="52">refC</E>
                             is the average of the minimum and maximum vehicle speeds where 
                            <E T="03">P</E>
                            <E T="52">sys</E>
                            (t) is equal to 0.98·
                            <E T="03">P</E>
                            <E T="52">contrated</E>
                             during the maneuver in paragraph (d)(4) where the transmission is in the highest gear, using linear interpolation, as appropriate. If 
                            <E T="03">P</E>
                            <E T="52">sys</E>
                            (
                            <E T="03">t</E>
                            ) at the lowest vehicle speed where the transmission is in the highest gear is greater than 0.98·
                            <E T="03">P</E>
                            <E T="52">contrated</E>
                            , use the lowest vehicle speed where the transmission is in the highest gear as the minimum vehicle speed input for calculating 
                            <E T="03">v</E>
                            <E T="52">refC</E>
                            .
                        </P>
                        <P>
                            (2) Otherwise, 
                            <E T="03">v</E>
                            <E T="52">refC</E>
                             is the maximum vehicle speed during the maneuver in paragraph (d)(4) of this section where the transmission is in the highest gear.
                        </P>
                        <P>
                            (3) You may use a declared 
                            <E T="03">v</E>
                            <E T="52">refC</E>
                             instead of measured 
                            <E T="03">v</E>
                            <E T="52">refC</E>
                             if the declared 
                            <E T="03">v</E>
                            <E T="52">refC</E>
                             is within (97.5 to 102.5) % of the corresponding measured value.
                        </P>
                        <P>(4) Manufacturers may request approval to use an alternative vehicle C speed in place of the measured vehicle C speed determined in this paragraph (k) for series hybrid applications. Approval will be contingent upon justification that the measured vehicle C speed is not representative of the expected real-world cruise speed.</P>
                        <P>
                            (l) If 
                            <E T="03">P</E>
                            <E T="52">contrated</E>
                             as determined in paragraph (j) of this section is within ±3 percent of the manufacturer-declared value, use the manufacturer-declared value. In addition, for nonhybrid powertrains set 
                            <E T="03">P</E>
                            <E T="52">rated</E>
                             to declared 
                            <E T="03">P</E>
                            <E T="52">contrated</E>
                            . Otherwise, repeat the procedure in paragraphs (b) through (k) of this section and use 
                            <E T="03">P</E>
                            <E T="52">contrated</E>
                             from paragraph (j) instead of the manufacturer-declared value.
                        </P>
                    </SECTION>
                    <AMDPAR>37. Amend § 1036.525 by revising paragraph (b)(3) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1036.525 </SECTNO>
                        <SUBJECT>Clean Idle test.</SUBJECT>
                        <STARS/>
                        <P>(b) * * *</P>
                        <P>(3) Start sampling emissions 10 minutes after reaching the speed and torque setpoints and continue emission sampling and engine operation at those setpoints. Stop emission sampling after 1800 seconds to complete the test interval.</P>
                        <STARS/>
                    </SECTION>
                    <AMDPAR>38. Revise and republish § 1036.530 to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1036.530 </SECTNO>
                        <SUBJECT>Test procedures for off-cycle testing.</SUBJECT>
                        <P>
                            (a) 
                            <E T="03">General</E>
                            . This section describes the measurement and calculation procedures to perform field testing and determine whether tested engines and engine families meet emission standards under subpart E of this part. Calculate mass emission rates as specified in 40 CFR part 1065, subpart G. Use good engineering judgment to adapt these procedures for simulating vehicle operation in the laboratory.
                        </P>
                        <P>
                            (b) 
                            <E T="03">Vehicle preparation and measurement procedures</E>
                            . (1) Set up the vehicle for testing with a portable emissions measurement system (PEMS) as specified in 40 CFR part 1065, subpart J.
                        </P>
                        <P>(2) Begin emission sampling and data collection as described in 40 CFR 1065.935(c)(3) before starting the engine at the beginning of the shift-day. Start the engine only after confirming that engine coolant temperature is at or below 40 °C.</P>
                        <P>(3) Measure emissions over one or more shift-days as specified in subpart E of this part.</P>
                        <P>(4) For engines subject to compression-ignition standards, record 1 Hz measurements of ambient temperature near the vehicle.</P>
                        <P>
                            (c) 
                            <E T="03">Drift verification</E>
                            . Perform drift verification as described in 40 CFR 1065.935(g)(5)(ii) and (iii). For drift verification of CO and HC, determine a corrected value of the off-cycle emission quantity for bin 2 from Eq. 1036.530-3 for each interval between analyzer verifications. Compare that corrected value to the uncorrected value or to the bin 2 emission standard in § 1036.104(a)(3), whichever is greater, to determine whether drift is within the specified percentage limit.
                        </P>
                        <P>
                            (d) 
                            <E T="03">Test Intervals</E>
                            . Determine the test intervals as follows:
                        </P>
                        <P>
                            (1) 
                            <E T="03">Spark-ignition</E>
                            . Create a single test interval that covers the entire shift-day for engines subject to spark-ignition standards. The test interval starts with the first pair of consecutive data points with no exclusions as described in paragraph (d)(3) of this section after the start of the shift-day and ends with the last pair of consecutive data points with no exclusions before the end of the shift day.
                        </P>
                        <P>
                            (2) 
                            <E T="03">Compression-ignition</E>
                            . Create a series of 300 second test intervals for engines subject to compression-ignition standards (moving-average test intervals) as follows:
                        </P>
                        <P>(i) Begin and end each test interval with a pair of consecutive data points with no exclusions as described in paragraph (d)(3) of this section. Select the last data point of each test interval such that the test interval includes 300 seconds of data with no exclusions, as described in paragraph (e) of this section. The test interval may be a fraction of a second more or less than 300 seconds to account for the precision of the time stamp in recording 1 Hz data. A test interval may include up to 599 seconds of data with continuous exclusions; invalidate any test interval that includes at least 600 seconds of continuous sampling with excluded data.</P>
                        <P>(ii) The first 300 second test interval starts with the first pair of consecutive data points with no exclusions. Determine the start of each subsequent 300 second test interval by finding the first pair of consecutive data points with no exclusions after the initial data point of the previous test interval.</P>
                        <P>(iii) The last 300 second test interval ends with the last pair of consecutive data points with no exclusions before the end of the shift day.</P>
                        <P>
                            (3) 
                            <E T="03">Excluded data</E>
                            . Exclude data from test intervals for any period meeting one or more of the following conditions:
                        </P>
                        <P>(i) An analyzer or flow meter is performing zero and span drift checks or zero and span calibrations, including any time needed for the analyzer to stabilize afterward, consistent with good engineering judgment.</P>
                        <P>(ii) The engine is off, except as specified in § 1036.415(g) and (h).</P>
                        <P>(iii) The engine is performing an infrequent regeneration. Do not exclude data related to any other AECDs, except as specified in paragraph (d)(3)(vi) of this section.</P>
                        <P>(iv) The recorded ambient air temperature is below 5 °C or above the temperature calculated using the following equation.</P>
                        <GPH SPAN="1" DEEP="39">
                            <GID>EP14JY26.040</GID>
                        </GPH>
                        <EXTRACT>
                            <FP SOURCE="FP-2">Where:</FP>
                            <FP SOURCE="FP-2">
                                <E T="03">h</E>
                                 = recorded elevation of the vehicle in feet above sea level (h is negative for elevations below sea level).
                            </FP>
                        </EXTRACT>
                        <P>
                            <E T="03">Example:</E>
                        </P>
                        <FP SOURCE="FP-2">
                            <E T="03">h</E>
                             = 2679 ft
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">T</E>
                            <E T="52">max</E>
                             = −0.0014 · 2679 + 37.78
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">T</E>
                            <E T="52">max</E>
                             = 34.0 °C
                        </FP>
                        <P>
                            (v) The vehicle is operating at an elevation more than 5,500 feet above sea level.
                            <PRTPAGE P="43244"/>
                        </P>
                        <P>(vi) An engine has one or more active AECDs for emergency vehicles under § 1036.115(h)(4).</P>
                        <P>(vii) A single data point does not meet any of the conditions specified in paragraphs (d)(3)(i) through (vi) of this section, but it is preceded and followed by data points that both meet one or more of the specified exclusion conditions.</P>
                        <P>(viii) Gas analyzer range validation failure according to 40 CFR 1065.935(g)(5)(i).</P>
                        <P>(ix) Any data not meeting the drift requirements in paragraph (c) of this section.</P>
                        <P>
                            (e) 
                            <E T="03">Assembling test intervals.</E>
                             A test interval may include multiple subintervals separated by periods with one or more exclusions under paragraph (d)(3) of this section.
                        </P>
                        <P>(1) Treat these test subintervals as continuous for calculating duration of the test interval for engines subject to compression-ignition standards.</P>
                        <P>(2) Calculate emission mass during each test subinterval and sum those subinterval emission masses to determine the emission mass over the test interval. Calculate emission mass as described in 40 CFR 1065.650(c)(2)(i), with the following exceptions and clarifications:</P>
                        <P>
                            (i) Correct NO
                            <E T="52">X</E>
                             emissions for humidity as specified in 40 CFR 1065.670. Calculate corrections relative to ambient air humidity as measured by PEMS.
                        </P>
                        <P>(ii) Disregard the provision in 40 CFR 1065.650(g) for setting negative emission mass to zero for test intervals and subintervals.</P>
                        <P>
                            (iii) Calculation of emission mass in 40 CFR 1065.650 assumes a constant time interval, Δ
                            <E T="03">t</E>
                            . If it is not appropriate to assume Δ
                            <E T="03">t</E>
                             is constant for testing under this section, use good engineering judgment to record time at each data point and adjust the mass calculation from Eq. 1065.650-4 by treating Δ
                            <E T="03">t</E>
                             as a variable.
                        </P>
                        <P>
                            (f) 
                            <E T="03">Normalized CO</E>
                            <E T="52">2</E>
                              
                            <E T="03">emission mass over a 300 second test interval.</E>
                             For engines subject to compression-ignition standards, determine the normalized CO
                            <E T="52">2</E>
                             emission mass over each 300 second test interval, 
                            <E T="03">m</E>
                            <E T="52">CO2,norm,testinterval</E>
                            , to the nearest 0.01% using the following equation:
                        </P>
                        <GPH SPAN="3" DEEP="53">
                            <GID>EP14JY26.041</GID>
                        </GPH>
                        <EXTRACT>
                            <FP SOURCE="FP-2">Where:</FP>
                            <FP SOURCE="FP-2">
                                <E T="03">m</E>
                                <E T="52">CO2,testinterval</E>
                                 = total CO
                                <E T="52">2</E>
                                 emission mass over the test interval.
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="03">e</E>
                                <E T="52">CO2FTPFCL</E>
                                 = the engine's FCL for CO
                                <E T="52">2</E>
                                 over the FTP duty cycle or, for plug-in hybrid powertrains, the charge-sustaining CO
                                <E T="52">2</E>
                                 emissions over the FTP duty cycle. If the engine family includes no FTP testing, use the engine's FCL for CO
                                <E T="52">2</E>
                                 over the SET duty cycle.
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="03">P</E>
                                <E T="52">max</E>
                                 = the highest value of rated power for all the configurations included in the engine family.
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="03">t</E>
                                <E T="52">testinterval</E>
                                 = duration of the test interval. Note that the nominal value is 300 seconds.
                            </FP>
                        </EXTRACT>
                        <P>
                            <E T="03">Example:</E>
                        </P>
                        <FP SOURCE="FP-2">
                            <E T="03">m</E>
                            <E T="52">CO2,testinterval</E>
                             = 3948 g
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">e</E>
                            <E T="52">CO2FTPFCL</E>
                             = 428.2 g/hp·hr
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">P</E>
                            <E T="52">max</E>
                             = 406.5 hp
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">t</E>
                            <E T="52">testinterval</E>
                             = 300.01 s = 0.08 hr
                        </FP>
                        <GPH SPAN="3" DEEP="25">
                            <GID>EP14JY26.042</GID>
                        </GPH>
                        <FP SOURCE="FP-2">
                            <E T="03">m</E>
                            <E T="52">CO2,norm,testinterval</E>
                             = 0.2722 = 27.22%
                        </FP>
                        <P>
                            (g) 
                            <E T="03">Binning 300 second test intervals.</E>
                             For engines subject to compression-ignition standards, identify the appropriate bin for each of the 300 second test intervals based on its normalized CO
                            <E T="52">2</E>
                             emission mass, 
                            <E T="03">m</E>
                            <E T="52">CO2,norm,testinterval</E>
                            , as follows:
                        </P>
                        <GPH SPAN="3" DEEP="104">
                            <GID>EP14JY26.120</GID>
                        </GPH>
                        <P>
                            (h) 
                            <E T="03">Off-cycle emissions quantities.</E>
                             Determine the off-cycle emissions quantities as follows:
                        </P>
                        <P>
                            (1) Spark-ignition. For engines subject to spark-ignition standards, the off-cycle emission quantity, 
                            <E T="03">e</E>
                            <E T="52">[emission],offcycle</E>
                            , is the value for CO
                            <E T="52">2</E>
                            -specific emission mass for a given pollutant over the test interval representing the shift-day converted to a brake-specific value, as calculated for each measured pollutant using the following equation:
                        </P>
                        <GPH SPAN="3" DEEP="54">
                            <PRTPAGE P="43245"/>
                            <GID>EP14JY26.043</GID>
                        </GPH>
                        <EXTRACT>
                            <FP SOURCE="FP-2">Where:</FP>
                            <FP SOURCE="FP-2">
                                <E T="03">m</E>
                                <E T="52">[emission]</E>
                                 = total emission mass for a given pollutant over the test interval as determined in paragraph (e)(2) of this section.
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="03">m</E>
                                <E T="52">CO2</E>
                                 = total drift-corrected CO
                                <E T="52">2</E>
                                 emission mass over the test interval as determined in paragraph (e)(2) of this section.
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="03">e</E>
                                <E T="52">CO2,FTP,FCL</E>
                                 = the engine's FCL for CO
                                <E T="52">2</E>
                                 over the FTP duty cycle.
                            </FP>
                        </EXTRACT>
                        <P>
                            <E T="03">Example:</E>
                        </P>
                        <FP SOURCE="FP-2">
                            <E T="03">m</E>
                            <E T="52">NOx</E>
                             = 1.337 g
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">m</E>
                            <E T="52">CO2</E>
                             = 18778 g
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">e</E>
                            <E T="52">CO2,FTP,FCL</E>
                             = 505.1 g/hp · hr
                        </FP>
                        <GPH SPAN="1" DEEP="23">
                            <GID>EP14JY26.044</GID>
                        </GPH>
                        <FP SOURCE="FP-2">
                            <E T="03">e</E>
                            <E T="52">NOx,offcycle</E>
                             = 0.035 g/hp · hr
                        </FP>
                        <P>(2) Compression-ignition. For engines subject to compression-ignition standards, determine the off-cycle emission quantity for each bin. When calculating mean bin emissions from ten engines to apply the pass criteria for engine families in § 1036.425(c), set any negative off-cycle emissions quantity to zero before calculating mean bin emissions.</P>
                        <P>
                            (i) Off-cycle emissions quantity for bin 1. The off-cycle emission quantity for bin 1, 
                            <E T="03">
                                m
                                <AC T="b"/>
                            </E>
                            <E T="52">NOx,offcycle,bin1</E>
                            , is the mean NO
                            <E T="52">X</E>
                             mass emission rate from all test intervals associated with bin 1 as calculated using the following equation:
                        </P>
                        <GPH SPAN="3" DEEP="059">
                            <GID>EP14JY26.045</GID>
                        </GPH>
                        <EXTRACT>
                            <FP SOURCE="FP-2">Where:</FP>
                            <FP SOURCE="FP-2">
                                <E T="03">i</E>
                                 = an indexing variable that represents one 300 second test interval.
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="03">N</E>
                                 = total number of 300 second test intervals in bin 1.
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="03">m</E>
                                <E T="52">NOxtestinterval,</E>
                                <E T="54">i</E>
                                 = total NO
                                <E T="52">X</E>
                                 emission mass over the test interval 
                                <E T="03">i</E>
                                 in bin 1 as determined in paragraph (e)(2) of this section.
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="03">t</E>
                                <E T="52">testinterval,</E>
                                <E T="54">i</E>
                                 = total time of test interval 
                                <E T="03">i</E>
                                 in bin 1 as determined in paragraph (e)(1) of this section. Note that the nominal value is 300 seconds.
                            </FP>
                        </EXTRACT>
                        <P>
                            <E T="03">Example:</E>
                        </P>
                        <FP SOURCE="FP-2">
                            <E T="03">N</E>
                             = 10114
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">m</E>
                            <E T="52">NOx,testinterval,1</E>
                             = 0.021 g
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">m</E>
                            <E T="52">NOx,testinterval,2</E>
                             = 0.025 g
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">m</E>
                            <E T="52">NOx,testinterval,3</E>
                             = 0.031 g
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">t</E>
                            <E T="52">testinterval,1</E>
                             = 299.99 s
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">t</E>
                            <E T="52">testinterval,2</E>
                             = 299.98 s
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">t</E>
                            <E T="52">testinterval,3</E>
                             = 300.04 s
                        </FP>
                        <GPH SPAN="3" DEEP="33">
                            <GID>EP14JY26.046</GID>
                        </GPH>
                        <FP SOURCE="FP-2">
                            <E T="03">
                                m
                                <AC T="b"/>
                            </E>
                            <E T="52">NOx,offcycle,bin1</E>
                             = 0.000285 g/s = 1.026 g/hr
                        </FP>
                        <P>
                            (ii) 
                            <E T="03">Off-cycle emissions quantity for bin 2.</E>
                             The off-cycle emission quantity for bin 2, 
                            <E T="03">e</E>
                            <E T="52">[emission],offcycle,bin2</E>
                            , is the value for CO
                            <E T="52">2</E>
                            -specific emission mass for a given pollutant of all the 300 second test intervals in bin 2 combined and converted to a brake-specific value, as calculated for each measured pollutant using the following equation:
                        </P>
                        <GPH SPAN="3" DEEP="59">
                            <GID>EP14JY26.047</GID>
                        </GPH>
                        <EXTRACT>
                            <FP SOURCE="FP-2">Where:</FP>
                            <FP SOURCE="FP-2">
                                <E T="03">i</E>
                                 = an indexing variable that represents one 300 second test interval.
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="03">N</E>
                                 = total number of 300 second test intervals in bin 2.
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="03">m</E>
                                <E T="52">[emission],testinterval,</E>
                                <E T="54">i</E>
                                 = total emission mass for a given pollutant over the test interval 
                                <E T="03">i</E>
                                 in bin 2 as determined in paragraph (e)(2) of this section.
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="03">m</E>
                                <E T="52">CO2,testinterval,</E>
                                <E T="54">i</E>
                                 = total CO
                                <E T="52">2</E>
                                 emission mass over the test interval i in bin 2 as determined in paragraph (e)(2) of this section.
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="03">e</E>
                                <E T="52">CO2,FTP,FCL</E>
                                 = the engine's FCL for CO
                                <E T="52">2</E>
                                 over the FTP duty cycle.
                            </FP>
                        </EXTRACT>
                        <P>
                            <E T="03">Example:</E>
                        </P>
                        <FP SOURCE="FP-2">
                            <E T="03">N</E>
                             = 15439
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">m</E>
                            <E T="52">NOx1</E>
                             = 0.546 g
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">m</E>
                            <E T="52">NOx2</E>
                             = 0.549 g
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">m</E>
                            <E T="52">NOx3</E>
                             = 0.556 g
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">m</E>
                            <E T="52">CO2,1</E>
                             = 10950.2 g
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">m</E>
                            <E T="52">CO2,2</E>
                             = 10961.3 g
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">m</E>
                            <E T="52">CO2,3</E>
                             = 10965.3 g
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">e</E>
                            <E T="52">CO2,FTP,FCL</E>
                             = 428.1 g/hp · hr
                        </FP>
                        <GPH SPAN="3" DEEP="30">
                            <PRTPAGE P="43246"/>
                            <GID>EP14JY26.048</GID>
                        </GPH>
                        <FP SOURCE="FP-2">
                            <E T="03">e</E>
                            <E T="52">NOx,offcycle,bin2</E>
                             = 0.026 g/hp·hr = 26 mg/hp · hr
                        </FP>
                        <P>
                            (i) 
                            <E T="03">Shift-day ambient temperature.</E>
                             For engines subject to compression-ignition standards, determine the mean shift-day ambient temperature, 
                            <E T="7503">T</E>
                            <E T="52">amb</E>
                            , considering only temperature readings corresponding to data with no exclusions under paragraph (d)(3) of this section.
                        </P>
                        <P>
                            (j) 
                            <E T="03">Graphical illustration.</E>
                             Figure 1 of this section illustrates a test interval with interruptions of one or more data points excluded under paragraph (d)(3) of this section. The x-axis is time and the y-axis is the mass emission rate at each data point, 
                            <E T="03">
                                m
                                <AC T="b"/>
                            </E>
                            (
                            <E T="03">t</E>
                            ). The data points coincident with any exclusion are illustrated with open circles. The shaded area corresponding to each group of closed circles represents the total emission mass over that test subinterval. Note that negative values of 
                            <E T="03">
                                m
                                <AC T="b"/>
                            </E>
                            (
                            <E T="03">t</E>
                            ) are retained and not set to zero in the numerical integration calculation. The first group of data points without any exclusions is referred to as the first test subinterval and so on.
                        </P>
                        <GPH SPAN="3" DEEP="238">
                            <GID>EP14JY26.049</GID>
                        </GPH>
                        <P>
                            (k) 
                            <E T="03">Fuel other than carbon-containing.</E>
                             The following procedures apply for testing engines using at least one fuel that is not a carbon-containing fuel:
                        </P>
                        <P>
                            (1) Use the following equation to determine the normalized equivalent CO
                            <E T="52">2</E>
                             emission mass over each 300 second test interval instead of Eq. 1036.530-2:
                        </P>
                        <GPH SPAN="3" DEEP="55">
                            <GID>EP14JY26.050</GID>
                        </GPH>
                        <EXTRACT>
                            <FP SOURCE="FP-2">Where:</FP>
                            <FP SOURCE="FP-2">
                                <E T="03">W</E>
                                <E T="52">testinterval</E>
                                 = total positive work over the test interval from both the engine and hybrid components, if applicable, as described in § 1036.510(g).
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="03">P</E>
                                <E T="52">max</E>
                                 = the highest value of rated power for all the configurations included in the engine family.
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="03">t</E>
                                <E T="52">testinterval</E>
                                 = duration of the test interval. Note that the nominal value is 300 seconds.
                            </FP>
                        </EXTRACT>
                        <FP SOURCE="FP-2">
                            <E T="03">Example:</E>
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">W</E>
                            <E T="52">testinterval</E>
                             = 8.95 hp·hr
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">P</E>
                            <E T="52">max</E>
                             = 406.5 hp
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">t</E>
                            <E T="52">testinterval</E>
                             = 300.01 s = 0.08 hr
                        </FP>
                        <GPH SPAN="3" DEEP="26">
                            <GID>EP14JY26.051</GID>
                        </GPH>
                        <PRTPAGE P="43247"/>
                        <FP SOURCE="FP-2">
                            <E T="03">m</E>
                            <E T="52">CO2,norm,testinterval</E>
                             = 0.2722
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">m</E>
                            <E T="52">CO2,norm,testinterval</E>
                             = 27.22%
                        </FP>
                        <P>(2) Determine off-cycle emissions quantities as follows:</P>
                        <P>(i) For engines subject to spark-ignition standards, use the following equation to determine the off-cycle emission quantity instead of Eq. 1036.530-3:</P>
                        <GPH SPAN="1" DEEP="53">
                            <GID>EP14JY26.052</GID>
                        </GPH>
                        <EXTRACT>
                            <FP SOURCE="FP-2">Where:</FP>
                            <FP SOURCE="FP-2">
                                <E T="03">m</E>
                                <E T="52">[emission]</E>
                                 = total emission mass for a given pollutant over the test interval as determined in paragraph (e)(2) of this section.
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="03">W</E>
                                <E T="52">testinterval</E>
                                 = total positive work over the test interval as determined in 40 CFR 1065.650.
                            </FP>
                        </EXTRACT>
                        <P>
                            <E T="03">Example:</E>
                        </P>
                        <FP SOURCE="FP-2">
                            <E T="03">m</E>
                            <E T="52">NOx</E>
                             = 1.337 g
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">W</E>
                            <E T="52">testinterval</E>
                             = 38.2 hp·hr
                        </FP>
                        <GPH SPAN="1" DEEP="23">
                            <GID>EP14JY26.053</GID>
                        </GPH>
                        <FP SOURCE="FP-2">
                            <E T="03">e</E>
                            <E T="52">NOx,offcycle</E>
                             = 0.035 g/hp·hr = 35 mg/hp·hr
                        </FP>
                        <P>(ii) For engines subject to compression-ignition standards, use Eq. 1036.530-4 to determine the off-cycle emission quantity for bin 1.</P>
                        <P>(iii) For engines subject to compression-ignition standards, use the following equation to determine the off-cycle emission quantity for bin 2 instead of Eq. 1036.530-5:</P>
                        <GPH SPAN="3" DEEP="59">
                            <GID>EP14JY26.054</GID>
                        </GPH>
                        <EXTRACT>
                            <FP SOURCE="FP-2">Where:</FP>
                            <FP SOURCE="FP-2">
                                <E T="03">i</E>
                                 = an indexing variable that represents one 300 second test interval.
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="03">N</E>
                                 = total number of 300 second test intervals in bin 2.
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="03">m</E>
                                <E T="52">[emission],testinterval,</E>
                                <E T="54">i</E>
                                 = total emission mass for a given pollutant over the test interval 
                                <E T="03">i</E>
                                 in bin 2 as determined in paragraph (e)(2) of this section.
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="03">W</E>
                                <E T="52">testinterval,</E>
                                <E T="54">i</E>
                                 = total positive work over the test interval i in bin 2 as determined in 40 CFR 1065.650.
                            </FP>
                        </EXTRACT>
                        <P>
                            <E T="03">Example:</E>
                        </P>
                        <FP SOURCE="FP-2">
                            <E T="03">N</E>
                             = 15439
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">m</E>
                            <E T="52">NOx1</E>
                             = 0.546 g
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">m</E>
                            <E T="52">NOx2</E>
                             = 0.549 g
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">m</E>
                            <E T="52">NOx3</E>
                             = 0.556 g
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">W</E>
                            <E T="52">testinterval1</E>
                             = 8.91 hp·hr
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">W</E>
                            <E T="52">testinterval2</E>
                             = 8.94 hp·hr
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">W</E>
                            <E T="52">testinterval3</E>
                             = 8.89 hp·hr
                        </FP>
                        <GPH SPAN="3" DEEP="30">
                            <GID>EP14JY26.055</GID>
                        </GPH>
                        <FP SOURCE="FP-2">
                            <E T="03">e</E>
                            <E T="52">NOx,offcycle,bin2</E>
                             = 0.026 g/hp•hr = 26 mg/hp·hr
                        </FP>
                    </SECTION>
                    <AMDPAR>39. Amend § 1036.545 by:</AMDPAR>
                    <AMDPAR>a. Revising paragraphs (a)(3)(i) and (ii) and (a)(6);</AMDPAR>
                    <AMDPAR>b. Adding and reserving paragraph (a)(12);</AMDPAR>
                    <AMDPAR>c. Redesignating paragraph (a)(11) as paragraph (a)(13);</AMDPAR>
                    <AMDPAR>d. Adding a new paragraph (a)(11);</AMDPAR>
                    <AMDPAR>e. Revising newly redesignated paragraph (a)(13); and</AMDPAR>
                    <AMDPAR>f. Revising paragraphs (f)(3), (j)(4), (j)(5), (j)(6), and (m).</AMDPAR>
                    <P>The revisions and addition read as follows:</P>
                    <SECTION>
                        <SECTNO>§ 1036.545 </SECTNO>
                        <SUBJECT>Powertrain testing.</SUBJECT>
                        <STARS/>
                        <P>(a) * * *</P>
                        <P>(3) * * *</P>
                        <P>
                            (i) Create driveline and vehicle models that calculate the angular speed setpoint for the test cell dynamometer, ƒ
                            <E T="52">nref,dyno</E>
                            , based on the torque measurement location. Use the detailed equations in paragraph (f) of this section, the GEM HIL model's driveline and vehicle submodels, or a combination of the equations and the submodels. You may use the GEM HIL model's transmission submodel in paragraph (f) to simulate a transmission only if testing hybrid engines. For hybrid engines intended for vehicles with automatic transmissions, update the driver_in_gear signal within the driver interface block in the GEM HIL model with the transmission state (in-gear or idle) as a function of time as defined by the duty cycles in this part.
                        </P>
                        <P>(ii) Create a driver model or use the GEM HIL model's driver submodel to simulate a human driver modulating the vehicle speed to follow the test cycle as closely as possible. Alternatively, a human driver may modulate the vehicle speed to follow the test cycle as closely as possible.</P>
                        <STARS/>
                        <P>(6) The following provisions apply to account for energy coming from RESS:</P>
                        <P>(i) For hybrid powertrains with no plug-in capability, correct for the net energy change of the energy storage device as described in 40 CFR 1066.501(a)(3).</P>
                        <P>(ii) For plug-in hybrid powertrains, follow 40 CFR 1066.501(a)(3) to determine End-of-Test for charge-depleting operation. You must get our approval in advance for your utility factor curve; we will approve it if you can show that you created it, using good engineering judgment, from sufficient in-use data of vehicles in the same application as the vehicles in which the plug-in hybrid electric powertrain will be installed. You may use methodologies described in SAE J2841 to develop the utility factor curve.</P>
                        <P>(iii) For all hybrid powertrains, apply the provisions of 40 CFR 1066.501(a)(3) for charge-sustaining operation during tests to measure criteria pollutant emissions, except that you must correct for net energy change as described in § 1036.510(g)(3) and the tolerance for End-of-Test is ± 5%.</P>
                        <STARS/>
                        <P>(11) The test must include all the components of the certified configuration.</P>
                        <P>(12) [Reserved]</P>
                        <P>(13) The following figure provides an overview of testing under this section:</P>
                        <GPH SPAN="3" DEEP="640">
                            <PRTPAGE P="43248"/>
                            <GID>EP14JY26.056</GID>
                        </GPH>
                        <STARS/>
                        <P>(f) * * *</P>
                        <P>
                            (3) 
                            <E T="03">Vehicle model.</E>
                             Calculate the simulated vehicle reference speed, 
                            <E T="03">v</E>
                            <E T="54">refi</E>
                            , using the GEM HIL model's vehicle 
                            <PRTPAGE P="43249"/>
                            submodel or the equations in this paragraph (f)(3):
                        </P>
                        <GPH SPAN="3" DEEP="128">
                            <GID>EP14JY26.057</GID>
                        </GPH>
                        <EXTRACT>
                            <FP SOURCE="FP-2">Where:</FP>
                            <FP SOURCE="FP-2">
                                <E T="03">i</E>
                                 = a time-based counter corresponding to each measurement during the sampling period. Let 
                                <E T="03">v</E>
                                <E T="52">ref1</E>
                                 = 0; start calculations at 
                                <E T="03">i</E>
                                 = 2. A 10-minute sampling period will generally involve 60,000 measurements.
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="03">T</E>
                                 = instantaneous measured torque at the axle input, measured at the wheel hubs, or simulated by the GEM HIL model's transmission submodel. For configurations with multiple torque measurements, such as when measuring torque at the wheel hubs, 
                                <E T="03">T</E>
                                 is the sum of all torque measurements.
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="03">Eff</E>
                                <E T="52">axle</E>
                                 = axle efficiency. Use 
                                <E T="03">Eff</E>
                                <E T="52">axle</E>
                                 = 0.955 for 
                                <E T="03">T</E>
                                 ≥ 0, and use 
                                <E T="03">Eff</E>
                                <E T="52">axle</E>
                                 = 1/0.955 for T &lt; 0. Use 
                                <E T="03">Eff</E>
                                <E T="52">axle</E>
                                 = 1.0 if torque is measured at the wheel hubs.
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="03">M</E>
                                 = vehicle mass for a vehicle class as determined in paragraph (h) of this section.
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="03">g</E>
                                 = gravitational constant = 9.80665 m/s
                                <E T="51">2</E>
                                .
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="03">C</E>
                                <E T="52">rr</E>
                                 = coefficient of rolling resistance for a vehicle class as determined in paragraph (h) of this section.
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="03">G</E>
                                <E T="52">i-1</E>
                                 = the percent grade interpolated at distance 
                                <E T="03">D</E>
                                <E T="52">i-1</E>
                                 from the grade profile in 40 CFR part 1037, appendix D. 
                                <E T="03">D</E>
                                <E T="52">i-1</E>
                                 is the cumulative distance driven over the test cycle at time = (
                                <E T="03">i</E>
                                -1). Use the following equation to calculate 
                                <E T="03">D</E>
                                <E T="52">i-1</E>
                                 starting at 
                                <E T="03">i</E>
                                 = 2:
                            </FP>
                            <GPH SPAN="1" DEEP="42">
                                <GID>EP14JY26.058</GID>
                            </GPH>
                            <FP SOURCE="FP-2">
                                <E T="8153">r</E>
                                 = air density at reference conditions. Use 
                                <E T="8153">r</E>
                                 = 1.1845 kg/m
                                <E T="51">3</E>
                                .
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="03">C</E>
                                <E T="52">d</E>
                                <E T="03">A</E>
                                 = drag area for a vehicle class as determined in paragraph (h) of this section.
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="03">F</E>
                                <E T="52">brake,i-1</E>
                                 = instantaneous braking force applied by the driver model.
                            </FP>
                            <GPH SPAN="1" DEEP="41">
                                <GID>EP14JY26.059</GID>
                            </GPH>
                            <FP SOURCE="FP-2">
                                <E T="8153">D</E>
                                <E T="03">t</E>
                                 = the time interval between measurements. For example, at 100 Hz, 
                                <E T="8153">D</E>
                                <E T="03">t</E>
                                 = 0.0100 seconds.
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="03">M</E>
                                <E T="52">rotating</E>
                                 = inertial mass of rotating components. Let 
                                <E T="03">M</E>
                                <E T="52">rotating</E>
                                 = 340 kg for vocational Light HDV or vocational Medium HDV. See paragraph (h) of this section for tractors and for vocational Heavy HDV.
                            </FP>
                        </EXTRACT>
                        <STARS/>
                        <P>(j) * * *</P>
                        <P>(4) For plug-in hybrid powertrains, precondition the battery and then complete all back-to-back tests for each vehicle configuration according to 40 CFR 1066.501(a)(3) before moving to the next vehicle configuration. Set the dynamometer target torque to zero when ramping to the target speed at 1 mi/hr/s. The following figure illustrates a charge-depleting test sequence with engine operation during two duty cycles, which are used for criteria pollutant determination:</P>
                        <GPH SPAN="3" DEEP="237">
                            <GID>EP14JY26.060</GID>
                        </GPH>
                        <PRTPAGE P="43250"/>
                        <P>(5) For non-plug-in hybrid powertrains and plug-in hybrid powertrains tested as described in paragraph (j)(4) of this section, if the preceding duty cycle does not end at 0 mi/hr, transition between duty cycles by decelerating at a rate of 2 mi/hr/s at 0% grade until the vehicle reaches zero speed. Shut off the powertrain. Prepare the powertrain and test cell for the next duty cycle. For all other plug-in hybrid powertrain testing, transition directly to the next duty cycle without altering vehicle speed.</P>
                        <P>(6) For non-plug-in hybrid, conventional powertrains, and plug-in hybrid powertrains tested as described in paragraph (j)(4) of this section, start the next duty cycle within 60 to 180 seconds after shutting off the powertrain.</P>
                        <P>(i) To start the next duty cycle, for hybrid powertrains, key on the vehicle and then start the duty cycle. For conventional powertrains key on the vehicle, start the engine, wait for the engine to stabilize at idle speed, and then start the duty cycle.</P>
                        <P>(ii) If the duty cycle does not start at 0 mi/hr, transition to the next duty cycle by accelerating at a target rate of 1 mi/hr/s at 0% grade. Stabilize for 10 seconds at the initial duty cycle conditions and start the duty cycle.</P>
                        <STARS/>
                        <P>
                            (m) 
                            <E T="03">Measured output speed validation.</E>
                             For each test point, validate the measured output speed with the corresponding reference values. If speed is measured at more than one location, the measurements at each location must meet validation requirements. If the range of reference speed is less than 10 percent of the mean reference speed, you need to meet only the standard error of the estimate in table 4 to this paragraph (m). You may delete points when the vehicle is stopped or when a hybrid engine is at idle. If your speed measurement is not at the location of ƒ
                            <E T="52">nref</E>
                            , correct your measured speed using the constant speed ratio between the two locations. You may apply the time-alignment provisions in 40 CFR 1065.514(c) for up to 0.5 seconds to the reference and measured output speed values. Apply cycle-validation criteria for each separate transient or highway cruise cycle based on the following parameters:
                        </P>
                        <GPOTABLE COLS="2" OPTS="L2,nj,p7,7/8,i1" CDEF="s50,r50">
                            <TTITLE>
                                Table 4 to Paragraph (
                                <E T="01">m</E>
                                ) of § 1036.545—Cycle-Validation Criteria
                            </TTITLE>
                            <BOXHD>
                                <CHED H="1">
                                    Parameter 
                                    <SU>a</SU>
                                </CHED>
                                <CHED H="1">Speed control</CHED>
                            </BOXHD>
                            <ROW>
                                <ENT I="01">
                                    Slope, 
                                    <E T="03">a</E>
                                    <E T="0732">1</E>
                                </ENT>
                                <ENT>0.990 ≤ a1 ≤ 1.010.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">
                                    Absolute value of intercept, |
                                    <E T="03">a</E>
                                    <E T="0732">0</E>
                                    |
                                </ENT>
                                <ENT>
                                    ≤2.0% of maximum ƒ
                                    <E T="0732">nref</E>
                                     speed.
                                </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">
                                    Standard error of the estimate, 
                                    <E T="03">SEE</E>
                                </ENT>
                                <ENT>
                                    ≤2.0% of maximum ƒ
                                    <E T="0732">nref</E>
                                     speed.
                                </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">
                                    Coefficient of determination, 
                                    <E T="03">r</E>
                                    <SU>2</SU>
                                </ENT>
                                <ENT>≥0.990.</ENT>
                            </ROW>
                            <TNOTE>
                                <SU>a</SU>
                                 Determine values for specified parameters as described in 40 CFR 1065.514(e) by comparing measured and reference values for ƒ
                                <E T="0732">nref,dyno</E>
                                .
                            </TNOTE>
                        </GPOTABLE>
                        <STARS/>
                    </SECTION>
                    <AMDPAR>40. Amend § 1036.555 by revising paragraph (a) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1036.555 </SECTNO>
                        <SUBJECT>Test procedures to verify deterioration factors.</SUBJECT>
                        <STARS/>
                        <P>(a) Use PEMS to collect 1 Hz data throughout a shift-day of driving. Collect all the data elements needed to determine brake-specific emissions. Calculate emission results using moving average test intervals as described in § 1036.530.</P>
                        <STARS/>
                    </SECTION>
                    <AMDPAR>41. Add § 1036.560 to subpart F to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1036.560 </SECTNO>
                        <SUBJECT>DEF thawing procedure.</SUBJECT>
                        <P>Use the following procedure to demonstrate that engines protect against DEF freezing as specified in § 1036.115(i)(3):</P>
                        <P>(a) Select a complete or partial vehicle for testing to represent in-use operation in cold weather.</P>
                        <P>(b) Start with a full DEF tank that is stabilized to a temperature at or below −5 °C.</P>
                        <P>(c) Soak the vehicle at temperatures at or below −17 °C for 72 hours or until the DEF is frozen solid.</P>
                        <P>(d) Operate the engine at temperatures at or below −17 °C as follows:</P>
                        <P>(1) Start the engine and let it idle with no engine load for 20 minutes.</P>
                        <P>(2) Operate the engine for up to 50 minutes at maximum test speed and up to 40 percent of the maximum torque available at maximum test speed.</P>
                        <P>(e) Determine the time from engine starting to the point at which the engine is able to consistently inject DEF into the exhaust for achieving proper catalyst performance.</P>
                    </SECTION>
                    <AMDPAR>42. Amend § 1036.580 by revising paragraph (b) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1036.580 </SECTNO>
                        <SUBJECT>Infrequently regenerating aftertreatment devices.</SUBJECT>
                        <STARS/>
                        <P>(b) You may ask us to approve an alternative methodology to account for regeneration events. We will generally limit approval to cases where your engines use aftertreatment technology with extremely infrequent regeneration and you are unable to apply the provisions of this section.</P>
                        <STARS/>
                    </SECTION>
                    <AMDPAR>43. Amend § 1036.601 by revising paragraphs (a) introductory text, (a)(3), and (b)(3) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1036.601 </SECTNO>
                        <SUBJECT>Overview of compliance provisions.</SUBJECT>
                        <P>(a) Engine and vehicle manufacturers, as well as owners, operators, and rebuilders of engines subject to the requirements of this part, and all other persons, must observe the provisions of this part, 40 CFR part 1068, and the Clean Air Act. The provisions of 40 CFR part 1068 apply for heavy-duty highway engines as specified in that part, subject to the following provisions:</P>
                        <STARS/>
                        <P>(3) The warranty-related prohibitions in section 203(a)(4) of the Clean Air Act (42 U.S.C. 7522(a)(4)) apply to manufacturers of new heavy-duty highway engines in addition to the prohibitions described in 40 CFR 1068.101(b)(6). We may assess a civil penalty up to $44,539 for each engine or vehicle in violation. Penalties apply as described in 40 CFR 1068.101.</P>
                        <P>(b) * * *</P>
                        <P>(3) Provisions related to nonconformance penalties apply as described in 40 CFR part 1071. Note that nonconformance penalty provisions are not available for current or future emission standards unless we revise the regulation to specify how to apply those provisions.</P>
                        <STARS/>
                    </SECTION>
                    <AMDPAR>44. Amend § 1036.605 by revising the section heading, introductory text, and paragraphs (c) and (d) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1036.605 </SECTNO>
                        <SUBJECT>Alternative emission standards for engines used in specialty vehicles.</SUBJECT>
                        <P>Starting in model year 2027, compression-ignition engines at or above 56 kW and spark-ignition engines of any size that will be installed in specialty vehicles as allowed by 40 CFR 1037.605 are exempt from the standards of subpart B of this part if they are certified under this part to alternative emission standards as follows:</P>
                        <STARS/>
                        <P>
                            (c) Except as specified in this section, engines certified under this section must meet all the requirements that apply under 40 CFR part 1039 or 1048 instead of the comparable provisions in this part. Before shipping engines under this section, you must have written assurance from vehicle manufacturers that they need a certain number of exempted engines under this section. In your annual production report under 40 
                            <PRTPAGE P="43251"/>
                            CFR 1039.250 or 1048.250, count these engines separately and identify the vehicle manufacturers that will be installing them. Treat these engines as part of the corresponding engine family under 40 CFR part 1039 or 1048 for compliance purposes such as testing production engines, in-use testing, defect reporting, and recall.
                        </P>
                        <P>(d) The engines must be labeled as described in § 1036.135, with the following statement instead of the one specified in § 1036.135(c)(8): “This engine conforms to alternative standards for specialty vehicles under 40 CFR 1036.605.” Engines certified under this section may not have the label specified for nonroad engines in 40 CFR part 1039 or 1048 or any other label identifying them as nonroad engines.</P>
                        <STARS/>
                    </SECTION>
                    <AMDPAR>45. Amend § 1036.615 by revising paragraph (b) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1036.615 </SECTNO>
                        <SUBJECT>Engines with Rankine cycle waste heat recovery and hybrid powertrains.</SUBJECT>
                        <STARS/>
                        <P>
                            (b) 
                            <E T="03">Rankine engines.</E>
                             Test engines that include Rankine-cycle exhaust energy recovery systems according to the procedures specified in subpart F of this part unless we approve alternative procedures.
                        </P>
                        <STARS/>
                    </SECTION>
                    <AMDPAR>46. Amend § 1036.701 by revising paragraph (k) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1036.701 </SECTNO>
                        <SUBJECT>General provisions.</SUBJECT>
                        <STARS/>
                        <P>(k) Engine families you certify with a nonconformance penalty under 40 CFR part 1071, may not generate emission credits.</P>
                    </SECTION>
                    <AMDPAR>47. Amend § 1036.705 by revising paragraph (b) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1036.705 </SECTNO>
                        <SUBJECT>Generating and calculating emission credits.</SUBJECT>
                        <STARS/>
                        <P>(b) For each participating family, calculate positive or negative emission credits relative to the otherwise applicable emission standard. Calculate positive emission credits for a family that has an FEL below the standard. Calculate negative emission credits for a family that has an FEL above the standard. Sum your positive and negative credits for the model year before rounding. Calculate emission credits to the nearest megagram (Mg) for each family using the following equation:</P>
                        <GPH SPAN="3" DEEP="39">
                            <GID>EP14JY26.061</GID>
                        </GPH>
                        <EXTRACT>
                            <P>Where:</P>
                            <P>
                                <E T="03">Std</E>
                                 = the emission standard, in (mg NO
                                <E T="52">X</E>
                                )/hp·hr that applies under subpart B of this part for engines not participating in the ABT program of this subpart (the “otherwise applicable standard”).
                            </P>
                            <P>
                                <E T="03">FL</E>
                                 = the engine family's FEL for NO
                                <E T="52">X</E>
                                , in mg/hp·hr rounded to the same number of decimal places as the emission standard.
                            </P>
                            <P>
                                <E T="03">CF</E>
                                 = a transient cycle conversion factor (hp·hr/mile), calculated by dividing the total (integrated) horsepower-hour over the applicable duty cycle by 6.3 miles for engines subject to spark-ignition standards and 6.5 miles for engines subject to compression-ignition standards. This represents the average work performed over the duty cycle.
                            </P>
                            <P>
                                <E T="03">Volume</E>
                                 = the number of engines eligible to participate in the averaging, banking, and trading program within the given engine family or subfamily during the model year, as described in paragraph (c) of this section.
                            </P>
                            <P>
                                <E T="03">UL</E>
                                 = the useful life for the standard that applies for a given primary intended service class, in miles.
                            </P>
                            <P>
                                <E T="03">c</E>
                                 = 10−9 for NO
                                <E T="52">X</E>
                                .
                            </P>
                        </EXTRACT>
                        <P>
                            <E T="03">Example for model year 2030 Heavy HDE generating</E>
                             NO
                            <E T="52">X</E>
                              
                            <E T="03">credits:</E>
                        </P>
                        <FP SOURCE="FP-2">
                            <E T="03">Std</E>
                             = 35 mg/hp·hr
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">FL</E>
                             = 20 mg/hp·hr
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">CF</E>
                             = 9.78 hp·hr/mile
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">Volume</E>
                             = 15,342
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">UL</E>
                             = 650,000 miles
                        </FP>
                        <FP SOURCE="FP-2">c = 10−9</FP>
                        <FP SOURCE="FP-2">
                            <E T="03">Emission credits</E>
                             = (35−20) · 9.78 · 15,342 · 650,000 · 10−9
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">Emission credits</E>
                             = 1,463 Mg
                        </FP>
                        <STARS/>
                    </SECTION>
                    <AMDPAR>48. Amend § 1036.801 by:</AMDPAR>
                    <AMDPAR>a. Revising the introductory text;</AMDPAR>
                    <AMDPAR>b. Removing the definition of “Act”;</AMDPAR>
                    <AMDPAR>c. Adding definitions of “Certified configuration” and “Clean Air Act” in alphabetical order;</AMDPAR>
                    <AMDPAR>d. Revising the definitions of “Designated Compliance Officer”, “Hybrid”, “Manufacture”, and ”New motor vehicle engine”; and</AMDPAR>
                    <AMDPAR>e. Adding a definition of “Useful life” in alphabetical order.</AMDPAR>
                    <P>The additions and revisions read as follows:</P>
                    <SECTION>
                        <SECTNO>§ 1036.801 </SECTNO>
                        <SUBJECT>Definitions.</SUBJECT>
                        <P>The following definitions apply to this part. The definitions apply to all subparts unless we note otherwise. All undefined terms have the meaning the Clean Air Act gives to them. The definitions follow:</P>
                        <STARS/>
                        <P>
                            <E T="03">Certified configuration</E>
                             means a specific engine configuration that is named in the application for certification.
                        </P>
                        <STARS/>
                        <P>
                            <E T="03">Clean Air Act</E>
                             means the Clean Air Act, as amended, 42 U.S.C. 7401-7671q.
                        </P>
                        <STARS/>
                        <P>
                            <E T="03">Designated Compliance Officer</E>
                             means one of the following:
                        </P>
                        <P>
                            (1) For engines subject to compression-ignition standards, 
                            <E T="03">Designated Compliance Officer</E>
                             means Supervisor, Diesel Engine Compliance Branch, U.S. Environmental Protection Agency, 2000 Traverwood Drive, Ann Arbor, MI 48105; 
                            <E T="03">complianceinfo@epa.gov;</E>
                            <E T="03">www.epa.gov/ve-certification.</E>
                        </P>
                        <P>
                            (2) For engines subject to spark-ignition standards, Designated Compliance Officer means Supervisor, Gasoline Engine Compliance Branch, U.S. Environmental Protection Agency, 2000 Traverwood Drive, Ann Arbor, MI 48105; 
                            <E T="03">complianceinfo@epa.gov;</E>
                              
                            <E T="03">www.epa.gov/ve-certification.</E>
                        </P>
                        <STARS/>
                        <P>
                            <E T="03">Hybrid</E>
                             means relating to an engine or powertrain that includes a Rechargeable Energy Storage System. Hybrid engines store and recover energy in a way that is integral to the engine or otherwise upstream of the vehicle's transmission. Examples of hybrid engines include engines with hybrid components connected to the front end of the engine (P0), connected to the crankshaft before the clutch (P1), or connected between the clutch and the transmission where the clutch upstream of the hybrid feature is in addition to the transmission clutch or clutches (P2). Engine-based systems that recover kinetic energy to power an electric heater in the aftertreatment are themselves not sufficient to qualify as a hybrid engine. The provisions in this part that apply for hybrid powertrains apply equally for hybrid engines, except as specified. Note that certain provisions in this part treat hybrid powertrains intended for vehicles that include regenerative braking different than those intended for vehicles that do not include regenerative braking. The definition of 
                            <PRTPAGE P="43252"/>
                            hybrid includes plug-in hybrid powertrains.
                        </P>
                        <STARS/>
                        <P>
                            <E T="03">Manufacture</E>
                             means the physical and engineering process of designing, constructing, and assembling a heavy-duty engine or a heavy-duty vehicle.
                        </P>
                        <STARS/>
                        <P>
                            <E T="03">New motor vehicle engine</E>
                             has the meaning given in the Clean Air Act. This generally means a motor vehicle engine meeting any of the following:
                        </P>
                        <P>
                            (1) A motor vehicle engine for which the ultimate purchaser has never received the equitable or legal title is a 
                            <E T="03">new motor vehicle engine.</E>
                             This kind of engine might commonly be thought of as “brand new” although a 
                            <E T="03">new motor vehicle engine</E>
                             may include previously used parts. Under this definition, the engine is new from the time it is produced until the ultimate purchaser receives the title or places it into service, whichever comes first.
                        </P>
                        <P>
                            (2) An imported motor vehicle engine is a 
                            <E T="03">new motor vehicle engine</E>
                             if it was originally built on or after January 1, 1970.
                        </P>
                        <P>(3) Any motor vehicle engine installed in a new motor vehicle.</P>
                        <STARS/>
                        <P>
                            <E T="03">Useful life</E>
                             means the period during which a new engine is required to comply with all applicable emission standards.
                        </P>
                        <STARS/>
                    </SECTION>
                    <AMDPAR>49. Amend § 1036.810 by revising introductory text and paragraphs (a) and (d)(4) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1036.810 </SECTNO>
                        <SUBJECT>Incorporation by reference.</SUBJECT>
                        <P>
                            Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that specified in this section, EPA must publish a document in the 
                            <E T="04">Federal Register</E>
                             and the material must be available to the public. All approved incorporation by reference (IBR) material is available for inspection at EPA and at the National Archives and Records Administration (NARA). Contact EPA at: U.S. EPA, Air and Radiation Docket Center, WJC West Building, Room 3334, 1301 Constitution Ave. NW, Washington, DC 20004; 
                            <E T="03">www.epa.gov/dockets;</E>
                             (202) 202-1744. For information on inspecting this material at NARA, visit 
                            <E T="03">www.archives.gov/federal-register/cfr/ibr-locations</E>
                             or email 
                            <E T="03">fr.inspection@nara.gov.</E>
                             The material may be obtained from the following sources:
                        </P>
                        <P>
                            (a) ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA, 19428-2959; (877) 909-2786; 
                            <E T="03">www.astm.org.</E>
                        </P>
                        <P>(1) ASTM D975-24a, Standard Specification for Diesel Fuel, approved August 1, 2024 (ASTM D975); IBR approved for § 1036.415(c).</P>
                        <P>(2) ASTM D3588-98 (Reapproved 2017)e1, Standard Practice for Calculating Heat Value, Compressibility Factor, and Relative Density of Gaseous Fuels, approved April 1, 2017 (ASTM D3588); IBR approved for § 1036.550(b).</P>
                        <P>(3) ASTM D4809-25, Standard Test Method for Heat of Combustion of Liquid Hydrocarbon Fuels by Bomb Calorimeter (Precision Method), approved November 1, 2025 (ASTM D4809); IBR approved for § 1036.550(b).</P>
                        <P>(4) ASTM D4814-25a, Standard Specification for Automotive Spark-Ignition Engine Fuel, approved December 15, 2025 (ASTM D4814); IBR approved for § 1036.415(c).</P>
                        <P>(5) ASTM D7467-23, Standard Specification for Diesel Fuel Oil, Biodiesel Blend (B6 to B20), approved October 1, 2023 (ASTM D7467); IBR approved for § 1036.415(c).</P>
                        <STARS/>
                        <P>(d) * * *</P>
                        <P>(1) 2019 13 CCR 1968.2, Title 13. Motor Vehicles, Division 3. Air Resources Board, Chapter 1. Motor Vehicle Pollution Control Devices, Article 2. Approval of Motor Vehicle Pollution Control Devices (New Vehicles), § 1968.2. Malfunction and Diagnostic System Requirements—2004 and Subsequent Model-Year Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles and Engines, operative October 3, 2019 “13 CCR 1968.2”; into §§ 1036.110(b); 1036.111(f).</P>
                        <P>(3) 2019 13 CCR 1971.1, Title 13. Motor Vehicles, Division 3. Air Resources Board, Chapter 1. Motor Vehicle Pollution Control Devices, Article 2. Approval of Motor Vehicle Pollution Control Devices (New Vehicles), § 1971.1. On-Board Diagnostic System Requirements—2010 and Subsequent Model-Year Heavy-Duty Engines, operative October 3, 2019 “13 CCR 1971.1”; into §§ 1036.110(b); 1036.111(f); 1036.150(v).</P>
                        <STARS/>
                        <P>(4) 2019 13 CCR 1971.5, 13 CA ADC 1971.5: 2019 CA REG TEXT 504962 (NS), 13 CA ADC 1971.5. Enforcement of Malfunction and Diagnostic System Requirements for 2010 and Subsequent Model-Year Heavy-Duty Engines, operative October 3, 2019 “13 CCR 1971.5”; into § 1036.110(b), 1036.111(f).</P>
                        <STARS/>
                    </SECTION>
                    <AMDPAR>50. Amend appendix B of part 1036 by revising footnote a of Table 1 in paragraph (b) to read as follows:</AMDPAR>
                    <HD SOURCE="HD1">Appendix B of Part 1036—Transient Duty Cycles</HD>
                    <STARS/>
                    <P>(b) * * *</P>
                    <GPOTABLE COLS="7" OPTS="L1,i1" CDEF="s50,r50,r50,r50,6,6,6">
                        <TTITLE>Table 1 of Appendix B—Transient Test Interval for Spark-Ignition Engines and Powertrains Under § 1036.512</TTITLE>
                        <BOXHD>
                            <CHED H="1">
                                Record
                                <LI>(seconds)</LI>
                            </CHED>
                            <CHED H="1">Engine testing</CHED>
                            <CHED H="2">
                                Normalized revolutions per minute
                                <LI>(percent)</LI>
                            </CHED>
                            <CHED H="2">
                                Normalized torque
                                <LI>(percent)</LI>
                            </CHED>
                            <CHED H="1">Powertrain testing</CHED>
                            <CHED H="2">
                                Vehicle speed
                                <LI>(mi/hr)</LI>
                            </CHED>
                            <CHED H="2">Road grade coefficients</CHED>
                            <CHED H="3">
                                <E T="03">a</E>
                            </CHED>
                            <CHED H="3">
                                <E T="03">b</E>
                            </CHED>
                            <CHED H="3">
                                <E T="03">c</E>
                            </CHED>
                        </BOXHD>
                        <ROW>
                            <ENT I="22"> </ENT>
                        </ROW>
                        <ROW>
                            <ENT I="28">*         *         *         *         *         *         *</ENT>
                        </ROW>
                        <TNOTE>
                            <SU>a</SU>
                             Minimum operator demand.
                        </TNOTE>
                    </GPOTABLE>
                    <AMDPAR>51. Amend appendix B of part 1036 by revising footnote a of Table 2 in paragraph (c) to read as follows:</AMDPAR>
                    <P>
                        (c) * * *
                        <PRTPAGE P="43253"/>
                    </P>
                    <GPOTABLE COLS="7" OPTS="L1,i1" CDEF="s50,r50,r50,r50,6,6,6">
                        <TTITLE>Table 2 of Appendix B—Transient Test Interval for Compression-Ignition Engines and Powertrains Under § 1036.512</TTITLE>
                        <BOXHD>
                            <CHED H="1">
                                Record
                                <LI>(seconds)</LI>
                            </CHED>
                            <CHED H="1">Engine testing</CHED>
                            <CHED H="2">
                                Normalized revolutions per minute
                                <LI>(percent)</LI>
                            </CHED>
                            <CHED H="2">
                                Normalized torque
                                <LI>(percent)</LI>
                            </CHED>
                            <CHED H="1">Powertrain testing</CHED>
                            <CHED H="2">
                                Vehicle speed
                                <LI>(mi/hr)</LI>
                            </CHED>
                            <CHED H="2">Road grade coefficients</CHED>
                            <CHED H="3">
                                <E T="03">a</E>
                            </CHED>
                            <CHED H="3">
                                <E T="03">b</E>
                            </CHED>
                            <CHED H="3">
                                <E T="03">c</E>
                            </CHED>
                        </BOXHD>
                        <ROW>
                            <ENT I="22"> </ENT>
                        </ROW>
                        <ROW>
                            <ENT I="28">*         *         *         *         *         *         *</ENT>
                        </ROW>
                        <TNOTE>
                            <SU>a</SU>
                             Minimum operator demand.
                        </TNOTE>
                    </GPOTABLE>
                    <AMDPAR>52. Amend appendix B of part 1036 by revising footnote a of Table 3 in paragraph (d) to read as follows:</AMDPAR>
                    <P>(d) * * *</P>
                    <GPOTABLE COLS="7" OPTS="L1,i1" CDEF="s50,r50,r50,r50,6,6,6">
                        <TTITLE>Table 3 of Appendix B—Transient Duty Cycle for Compression-Ignition Engines and Powertrains Under § 1036.514</TTITLE>
                        <BOXHD>
                            <CHED H="1">
                                Record
                                <LI>(seconds)</LI>
                            </CHED>
                            <CHED H="1">Engine testing</CHED>
                            <CHED H="2">
                                Normalized revolutions per minute
                                <LI>(percent)</LI>
                            </CHED>
                            <CHED H="2">
                                Normalized torque
                                <LI>(percent)</LI>
                            </CHED>
                            <CHED H="1">Powertrain testing</CHED>
                            <CHED H="2">
                                Vehicle speed
                                <LI>(mi/hr)</LI>
                            </CHED>
                            <CHED H="2">Road grade coefficients</CHED>
                            <CHED H="3">
                                <E T="03">a</E>
                            </CHED>
                            <CHED H="3">
                                <E T="03">b</E>
                            </CHED>
                            <CHED H="3">
                                <E T="03">c</E>
                            </CHED>
                        </BOXHD>
                        <ROW>
                            <ENT I="22"> </ENT>
                        </ROW>
                        <ROW>
                            <ENT I="28">*         *         *         *         *         *         *</ENT>
                        </ROW>
                        <TNOTE>
                            <SU>a</SU>
                             Minimum operator demand.
                        </TNOTE>
                    </GPOTABLE>
                    <PART>
                        <HD SOURCE="HED">PART 1037—CONTROL OF EMISSIONS FROM NEW HEAVY-DUTY MOTOR VEHICLES</HD>
                    </PART>
                    <AMDPAR>53. The authority citation for part 1037 continues to read as follows:</AMDPAR>
                    <AUTH>
                        <HD SOURCE="HED">Authority:</HD>
                        <P>42 U.S.C. 7401-7671q.</P>
                    </AUTH>
                    <AMDPAR>54. Amend § 1037.135 by revising paragraph (e) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1037.135 </SECTNO>
                        <SUBJECT>Labeling.</SUBJECT>
                        <STARS/>
                        <P>(e) You may ask us to approve modified labeling requirements in this part 1037 if you show that it is necessary or appropriate. We will approve your request if your alternative label is consistent with the requirements of this part.</P>
                    </SECTION>
                    <AMDPAR>55. Amend § 1037.205 by revising paragraph (e) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1037.205 </SECTNO>
                        <SUBJECT>What must I include in my application?</SUBJECT>
                        <STARS/>
                        <P>
                            (e) Describe any test equipment and procedures that you used, including any special or alternative test procedures you used (see § 1037.501). Include information describing the procedures you used to determine 
                            <E T="03">C</E>
                            <E T="52">d</E>
                            <E T="03">A</E>
                             values as specified in §§ 1037.525 and 1037.527. Describe which type of data you are using for engine fuel maps (see 40 CFR 1036.505).
                        </P>
                        <STARS/>
                    </SECTION>
                    <AMDPAR>56. Amend § 1037.235 by revising paragraph (f) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1037.235 </SECTNO>
                        <SUBJECT>Testing requirements for certification.</SUBJECT>
                        <STARS/>
                        <P>(f) If you use an alternative test procedure under 40 CFR 1065.10 and later testing shows that such testing does not produce results that are equivalent to the procedures specified in subpart F of this part, we may reject data you generated using the alternative procedure.</P>
                        <STARS/>
                    </SECTION>
                    <AMDPAR>57. Amend § 1037.501 by revising paragraph (e) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1037.501 </SECTNO>
                        <SUBJECT>General testing and modeling provisions.</SUBJECT>
                        <STARS/>
                        <P>(e) You may use special or alternative procedures as specified in 40 CFR 1065.10.</P>
                        <STARS/>
                    </SECTION>
                    <AMDPAR>58. Amend § 1037.510 by revising paragraph (c)(3) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1037.510 </SECTNO>
                        <SUBJECT>Duty-cycle exhaust testing.</SUBJECT>
                        <STARS/>
                        <P>(c) * * *</P>
                        <P>(3) Table 1 to this paragraph (c)(3) follows:</P>
                        <GPOTABLE COLS="8" OPTS="L2,nj,i1" CDEF="s50,12,12,12,12,12,12,12">
                            <TTITLE>
                                Table 1 to Paragraph (
                                <E T="01">c</E>
                                )(3) of § 1037.510—Weighting Factors for Duty Cycles
                            </TTITLE>
                            <BOXHD>
                                <CHED H="1"> </CHED>
                                <CHED H="1">Distance-weighted</CHED>
                                <CHED H="2">
                                    Transient
                                    <LI>(%)</LI>
                                </CHED>
                                <CHED H="2">
                                    55 mi/hr
                                    <LI>cruise</LI>
                                    <LI>(%)</LI>
                                </CHED>
                                <CHED H="2">
                                    65 mi/hr
                                    <LI>cruise</LI>
                                    <LI>(%)</LI>
                                </CHED>
                                <CHED H="1">
                                    Time-weighted 
                                    <SU>a</SU>
                                </CHED>
                                <CHED H="2">
                                    Drive idle
                                    <LI>(%)</LI>
                                </CHED>
                                <CHED H="2">
                                    Parked idle
                                    <LI>(%)</LI>
                                </CHED>
                                <CHED H="2">
                                    Non-idle
                                    <LI>(%)</LI>
                                </CHED>
                                <CHED H="1">
                                    Average
                                    <LI>speed during</LI>
                                    <LI>non-idle</LI>
                                    <LI>cycles</LI>
                                    <LI>
                                        (mi/hr) 
                                        <SU>b</SU>
                                    </LI>
                                </CHED>
                            </BOXHD>
                            <ROW>
                                <ENT I="01">Class 7 All Cabs</ENT>
                                <ENT>19</ENT>
                                <ENT>17</ENT>
                                <ENT>64</ENT>
                                <ENT/>
                                <ENT/>
                                <ENT/>
                                <ENT/>
                            </ROW>
                            <ROW>
                                <ENT I="01">Class 8 Day Cabs</ENT>
                                <ENT>19</ENT>
                                <ENT>17</ENT>
                                <ENT>64</ENT>
                                <ENT/>
                                <ENT/>
                                <ENT/>
                                <ENT/>
                            </ROW>
                            <ROW>
                                <ENT I="01">Class 8 Sleeper Cabs</ENT>
                                <ENT>5</ENT>
                                <ENT>9</ENT>
                                <ENT>86</ENT>
                                <ENT/>
                                <ENT/>
                                <ENT/>
                                <ENT/>
                            </ROW>
                            <ROW>
                                <ENT I="01">Heavy-haul Tractors</ENT>
                                <ENT>19</ENT>
                                <ENT>17</ENT>
                                <ENT>64</ENT>
                                <ENT/>
                                <ENT/>
                                <ENT/>
                                <ENT/>
                            </ROW>
                            <ROW>
                                <ENT I="01">Vocational—Regional</ENT>
                                <ENT>20</ENT>
                                <ENT>24</ENT>
                                <ENT>56</ENT>
                                <ENT>0</ENT>
                                <ENT>25</ENT>
                                <ENT>75</ENT>
                                <ENT>38.41</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Vocational—Multi-Purpose (2b-7)</ENT>
                                <ENT>54</ENT>
                                <ENT>29</ENT>
                                <ENT>17</ENT>
                                <ENT>17</ENT>
                                <ENT>25</ENT>
                                <ENT>58</ENT>
                                <ENT>23.18</ENT>
                            </ROW>
                            <ROW>
                                <PRTPAGE P="43254"/>
                                <ENT I="01">Vocational—Multi-Purpose (8)</ENT>
                                <ENT>54</ENT>
                                <ENT>23</ENT>
                                <ENT>23</ENT>
                                <ENT>17</ENT>
                                <ENT>25</ENT>
                                <ENT>58</ENT>
                                <ENT>23.27</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Vocational—Urban (2b-7)</ENT>
                                <ENT>92</ENT>
                                <ENT>8</ENT>
                                <ENT>0</ENT>
                                <ENT>15</ENT>
                                <ENT>25</ENT>
                                <ENT>60</ENT>
                                <ENT>16.25</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Vocational—Urban (8)</ENT>
                                <ENT>90</ENT>
                                <ENT>10</ENT>
                                <ENT>0</ENT>
                                <ENT>15</ENT>
                                <ENT>25</ENT>
                                <ENT>60</ENT>
                                <ENT>16.51</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Vocational with conventional powertrain (Phase 1 only)</ENT>
                                <ENT>42</ENT>
                                <ENT>21</ENT>
                                <ENT>37</ENT>
                                <ENT/>
                                <ENT/>
                                <ENT/>
                                <ENT/>
                            </ROW>
                            <ROW>
                                <ENT I="01">Vocational Hybrid Vehicles (Phase 1 only)</ENT>
                                <ENT>75</ENT>
                                <ENT>9</ENT>
                                <ENT>16</ENT>
                                <ENT/>
                                <ENT/>
                                <ENT/>
                                <ENT/>
                            </ROW>
                            <TNOTE>
                                <SU>a</SU>
                                 Note that these drive idle and non-idle weighting factors do not reflect additional drive idle that occurs during the transient cycle. The transient cycle does not include any parked idle.
                            </TNOTE>
                            <TNOTE>
                                <SU>b</SU>
                                 These values apply even for vehicles not following the specified speed traces.
                            </TNOTE>
                        </GPOTABLE>
                        <STARS/>
                    </SECTION>
                    <AMDPAR>59. Amend § 1037.520 by revising paragraphs (e)(2) and (4) and (n) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1037.520 </SECTNO>
                        <SUBJECT>
                            Modeling CO
                            <E T="0735">2</E>
                             emissions to show that vehicles comply with fuel consumption standards.
                        </SUBJECT>
                        <STARS/>
                        <P>(e) * * *</P>
                        <P>(2) Weight reduction inputs for tractor components other than wheels are specified in the following table:</P>
                        <GPOTABLE COLS="4" OPTS="L2,nj,i1" CDEF="s50,12,12,12">
                            <TTITLE>Table 7 to § 1037.520—Nonwheel-Related Weight Reductions From Alternative Materials for Tractors</TTITLE>
                            <TDESC>[Pounds]</TDESC>
                            <BOXHD>
                                <CHED H="1">Weight reduction technologies</CHED>
                                <CHED H="1">Aluminum</CHED>
                                <CHED H="1">High-strength steel</CHED>
                                <CHED H="1">Thermoplastic</CHED>
                            </BOXHD>
                            <ROW>
                                <ENT I="01">Door</ENT>
                                <ENT>20</ENT>
                                <ENT>6</ENT>
                                <ENT/>
                            </ROW>
                            <ROW>
                                <ENT I="01">Roof</ENT>
                                <ENT>60</ENT>
                                <ENT>18</ENT>
                                <ENT/>
                            </ROW>
                            <ROW>
                                <ENT I="01">Cab rear wall</ENT>
                                <ENT>49</ENT>
                                <ENT>16</ENT>
                                <ENT/>
                            </ROW>
                            <ROW>
                                <ENT I="01">Cab floor</ENT>
                                <ENT>56</ENT>
                                <ENT>18</ENT>
                                <ENT/>
                            </ROW>
                            <ROW>
                                <ENT I="01">Hood Support Structure System</ENT>
                                <ENT>15</ENT>
                                <ENT>3</ENT>
                                <ENT/>
                            </ROW>
                            <ROW>
                                <ENT I="01">Hood and Front Fender</ENT>
                                <ENT/>
                                <ENT/>
                                <ENT>65</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Day Cab Roof Fairing</ENT>
                                <ENT/>
                                <ENT/>
                                <ENT>18</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Sleeper Cab Roof Fairing</ENT>
                                <ENT>75</ENT>
                                <ENT>20</ENT>
                                <ENT>40</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Aerodynamic Side Extender</ENT>
                                <ENT/>
                                <ENT/>
                                <ENT>10</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Fairing Support Structure System</ENT>
                                <ENT>35</ENT>
                                <ENT>6</ENT>
                                <ENT/>
                            </ROW>
                            <ROW>
                                <ENT I="01">Instrument Panel Support Structure</ENT>
                                <ENT>5</ENT>
                                <ENT>1</ENT>
                                <ENT/>
                            </ROW>
                            <ROW>
                                <ENT I="01">Brake Drums—Drive (set of 4)</ENT>
                                <ENT>140</ENT>
                                <ENT>74</ENT>
                                <ENT/>
                            </ROW>
                            <ROW>
                                <ENT I="01">Brake Drums—Non Drive (set of 2)</ENT>
                                <ENT>60</ENT>
                                <ENT>42</ENT>
                                <ENT/>
                            </ROW>
                            <ROW>
                                <ENT I="01">Frame Rails</ENT>
                                <ENT>440</ENT>
                                <ENT>87</ENT>
                                <ENT/>
                            </ROW>
                            <ROW>
                                <ENT I="01">Crossmember—Cab</ENT>
                                <ENT>15</ENT>
                                <ENT>5</ENT>
                                <ENT/>
                            </ROW>
                            <ROW>
                                <ENT I="01">Crossmember—Suspension</ENT>
                                <ENT>25</ENT>
                                <ENT>6</ENT>
                                <ENT/>
                            </ROW>
                            <ROW>
                                <ENT I="01">Crossmember—Non Suspension (set of 3)</ENT>
                                <ENT>15</ENT>
                                <ENT>5</ENT>
                                <ENT/>
                            </ROW>
                            <ROW>
                                <ENT I="01">Fifth Wheel</ENT>
                                <ENT>100</ENT>
                                <ENT>25</ENT>
                                <ENT/>
                            </ROW>
                            <ROW>
                                <ENT I="01">Radiator Support</ENT>
                                <ENT>20</ENT>
                                <ENT>6</ENT>
                                <ENT/>
                            </ROW>
                            <ROW>
                                <ENT I="01">Fuel Tank Support Structure</ENT>
                                <ENT>40</ENT>
                                <ENT>12</ENT>
                                <ENT/>
                            </ROW>
                            <ROW>
                                <ENT I="01">Steps</ENT>
                                <ENT>35</ENT>
                                <ENT>6</ENT>
                                <ENT/>
                            </ROW>
                            <ROW>
                                <ENT I="01">Bumper</ENT>
                                <ENT>33</ENT>
                                <ENT>10</ENT>
                                <ENT/>
                            </ROW>
                            <ROW>
                                <ENT I="01">Shackles</ENT>
                                <ENT>10</ENT>
                                <ENT>3</ENT>
                                <ENT/>
                            </ROW>
                            <ROW>
                                <ENT I="01">Front Axle</ENT>
                                <ENT>60</ENT>
                                <ENT>15</ENT>
                                <ENT/>
                            </ROW>
                            <ROW>
                                <ENT I="01">Suspension Brackets, Hangers</ENT>
                                <ENT>100</ENT>
                                <ENT>30</ENT>
                                <ENT/>
                            </ROW>
                            <ROW>
                                <ENT I="01">Transmission Case</ENT>
                                <ENT>50</ENT>
                                <ENT>12</ENT>
                                <ENT/>
                            </ROW>
                            <ROW>
                                <ENT I="01">Clutch Housing</ENT>
                                <ENT>40</ENT>
                                <ENT>10</ENT>
                                <ENT/>
                            </ROW>
                            <ROW>
                                <ENT I="01">Fairing Support Structure System</ENT>
                                <ENT>35</ENT>
                                <ENT>6</ENT>
                                <ENT/>
                            </ROW>
                            <ROW>
                                <ENT I="01">Drive Axle Hubs (set of 4)</ENT>
                                <ENT>80</ENT>
                                <ENT>20</ENT>
                                <ENT/>
                            </ROW>
                            <ROW>
                                <ENT I="01">Non Drive Hubs (set of 2)</ENT>
                                <ENT>40</ENT>
                                <ENT>5</ENT>
                                <ENT/>
                            </ROW>
                            <ROW>
                                <ENT I="01">Two-piece driveshaft</ENT>
                                <ENT>20</ENT>
                                <ENT>5</ENT>
                                <ENT/>
                            </ROW>
                            <ROW>
                                <ENT I="01">Transmission/Clutch Shift Levers</ENT>
                                <ENT>20</ENT>
                                <ENT>4</ENT>
                                <ENT/>
                            </ROW>
                        </GPOTABLE>
                        <STARS/>
                        <P>(4) Apply vehicle weight inputs for changing technology configurations as follows:</P>
                        <P>(i) For Class 8 tractors or for Class 8 vocational vehicles with a permanent 6 × 2 axle configuration, apply a weight reduction input of 300 pounds. However, apply no weight reduction for coach buses certified to custom-chassis standards under § 1037.105(h).</P>
                        <P>
                            (ii) For Class 8 tractors with 4 × 2 axle configuration, apply a weight reduction input of 400 pounds.
                            <PRTPAGE P="43255"/>
                        </P>
                        <P>(iii) For tractors with installed engines with displacement below 14.0 liters, apply a weight reduction of 300 pounds.</P>
                        <P>(iv) For tractors with single-piece driveshafts with a total length greater than 86 inches, apply a weight reduction of 43 pounds for steel driveshafts and 63 pounds for aluminum driveshafts.</P>
                        <STARS/>
                        <P>
                            (n) 
                            <E T="03">Other fuels.</E>
                             For fuels other than those identified in GEM, perform the simulation by identifying the vehicle as being diesel-fueled if the engine is subject to the compression-ignition standard, or as being gasoline-fueled if the engine is subject to the spark-ignition standards. Correct the engine or powertrain fuel map for mass-specific net energy content as described in 40 CFR 1036.535(b).
                        </P>
                    </SECTION>
                    <AMDPAR>60. Amend § 1037.601 by revising paragraphs (a)(5) and (e) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1037.601 </SECTNO>
                        <SUBJECT>General compliance provisions.</SUBJECT>
                        <P>(a) * * *</P>
                        <P>(5) The warranty-related prohibitions in section 203(a)(4) of the Act (42 U.S.C. 7522(a)(4)) apply to manufacturers of new heavy-duty highway vehicles in addition to the prohibitions described in 40 CFR 1068.101(b)(6). We may assess a civil penalty up to $44,539 for each engine or vehicle in violation. Penalties apply as described in 40 CFR 1068.101.</P>
                        <STARS/>
                        <P>(e) Under § 1037.801, certain vehicles are considered to be new vehicles when they are imported into the United States, even if they have previously been used outside the country.</P>
                        <STARS/>
                    </SECTION>
                    <AMDPAR>61. Amend § 1037.605 by revising the section heading and paragraphs (a) introductory text, (a)(4), (c), and (d)(1) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1037.605 </SECTNO>
                        <SUBJECT>Installing engines certified to alternative standards for specialty vehicles.</SUBJECT>
                        <P>
                            (a) 
                            <E T="03">General provisions.</E>
                             This section allows vehicle manufacturers to introduce into U.S. commerce certain new motor vehicles using engines certified to alternative emission standards specified in 40 CFR 1036.605 for motor vehicle engines used in specialty vehicles. You may not install an engine certified to these alternative standards if there is an engine certified to the full set of requirements of 40 CFR part 1036 that has the appropriate physical and performance characteristics to power the vehicle. Note that, although these alternative emission standards are mostly equivalent to standards that apply for nonroad engines under 40 CFR part 1039 or 1048, they are specific to motor vehicle engines. The provisions of this section apply for the following types of specialty vehicles:
                        </P>
                        <STARS/>
                        <P>(4) Through model year 2030, vehicles with a hybrid powertrain in which the engine provides energy only for the Rechargeable Energy Storage System.</P>
                        <STARS/>
                        <P>
                            (c) 
                            <E T="03">Production limits.</E>
                             You may produce up to 200 of each type of vehicle identified in paragraph (a) of this section in a given model year. This includes vehicles produced by affiliated companies. If you exceed this limit, the number of vehicles that exceed the limit for the model year will not be covered by a valid certificate of conformity. For the purpose of this paragraph (c), we will count all vehicles labeled or otherwise identified as exempt under this section.
                        </P>
                        <P>(d) * * *</P>
                        <P>(1) Vehicles qualifying under this section are subject to evaporative and refueling emission standards as specified in § 1037.103, but are exempt from the other requirements of this part, except as specified in this section and in § 1037.601.</P>
                        <STARS/>
                    </SECTION>
                    <AMDPAR>62. Amend § 1037.631 by revising paragraph (a) introductory text to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1037.631 </SECTNO>
                        <SUBJECT>Exemption for vocational vehicles intended for off-road use.</SUBJECT>
                        <STARS/>
                        <P>
                            (a) 
                            <E T="03">Qualifying criteria.</E>
                             Vocational vehicles intended for off-road use are exempt without request, subject to the provisions of this section, if they are primarily designed to perform work off-road (such as in oil fields, mining, forests, or construction sites), and they meet at least one of the criteria of paragraph (a)(1) of this section and at least one of the criteria of paragraph (a)(2) of this section. See § 1037.105(h) for alternative Phase 2 standards that apply for vehicles meeting only one of these sets of criteria.
                        </P>
                        <STARS/>
                    </SECTION>
                    <AMDPAR>63. Amend § 1037.635 by revising paragraph (b)(4) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1037.635 </SECTNO>
                        <SUBJECT>Glider kits and glider vehicles.</SUBJECT>
                        <STARS/>
                        <P>(b) * * *</P>
                        <P>(4) Note that alternative standards or requirements may apply under § 1037.150.</P>
                        <STARS/>
                    </SECTION>
                    <AMDPAR>64. Amend § 1037.660 by revising paragraph (c)(2) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1037.660 </SECTNO>
                        <SUBJECT>Idle-reduction technologies.</SUBJECT>
                        <STARS/>
                        <P>(c) * * *</P>
                        <P>
                            (2) For AES systems designed to limit idling to a specific number of hours less than 1,800 hours over any 12-month period, calculate an adjusted AES input using the following equation, rounded to the nearest 0.1 g/ton-mile: AES Input = 5 g CO
                            <E T="52">2</E>
                            /ton-mile × (1−(maximum allowable number of idling hours per year/1,800 hours)). This is an annual allowance that starts when the vehicle is new and resets every 12 months after that. Manufacturers may propose an alternative method based on operating hours or miles instead of years.
                        </P>
                        <STARS/>
                    </SECTION>
                    <AMDPAR>65. Amend § 1037.801 by revising the definitions of “Date of manufacture”, “Designated Compliance Officer”, “Fuel system”, and “Hydrocarbon (HC)” to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1037.801 </SECTNO>
                        <SUBJECT>Definitions.</SUBJECT>
                        <STARS/>
                        <P>
                            <E T="03">Date of manufacture</E>
                             means the date on which the certifying vehicle manufacturer completes its manufacturing operations, except as follows:
                        </P>
                        <P>(1) Where the certificate holder is an engine manufacturer that does not manufacture the chassis, the date of manufacture of the vehicle is based on the date assembly of the vehicle is completed.</P>
                        <P>(2) We may approve an alternative date of manufacture based on the date on which the certifying (or primary) manufacturer completes assembly at the place of main assembly, consistent with the provisions of § 1037.601 and 49 CFR 567.4.</P>
                        <STARS/>
                        <P>
                            <E T="03">Designated Compliance Officer</E>
                             means one of the following:
                        </P>
                        <P>
                            (1) For compression-ignition engines, 
                            <E T="03">Designated Compliance Officer</E>
                             means Supervisor, Diesel Engine Compliance Branch, U.S. Environmental Protection Agency, 2000 Traverwood Drive, Ann Arbor, MI 48105; 
                            <E T="03">complianceinfo@epa.gov; www.epa.gov/ve-certification.</E>
                        </P>
                        <P>
                            (2) For spark-ignition engines, 
                            <E T="03">Designated Compliance Officer</E>
                             means Supervisor, Gasoline Engine Compliance Branch, U.S. Environmental Protection Agency, 2000 Traverwood Drive, Ann Arbor, MI 48105; 
                            <E T="03">complianceinfo@epa.gov; www.epa.gov/ve-certification.</E>
                        </P>
                        <STARS/>
                        <P>
                            <E T="03">Fuel system</E>
                             means all components involved in transporting, metering, and mixing the fuel from the fuel tank to the combustion chamber(s), including the fuel tank, fuel pump, fuel filters, fuel lines, carburetor or fuel-injection components, and all fuel-system vents. 
                            <PRTPAGE P="43256"/>
                            It also includes components for controlling evaporative and refueling emissions, such as fuel caps, purge valves, and carbon canisters.
                        </P>
                        <STARS/>
                        <P>
                            <E T="03">Hydrocarbon (HC)</E>
                             means the hydrocarbon group on which the emission standards are based for each fuel type. For alcohol-fueled vehicles, HC means nonmethane hydrocarbon equivalent (NMHCE) for exhaust emissions and total hydrocarbon equivalent (THCE) for evaporative emissions. For all other vehicles, HC means nonmethane hydrocarbon (NMHC) for exhaust emissions and total hydrocarbon (THC) for evaporative and refueling emissions.
                        </P>
                        <STARS/>
                    </SECTION>
                    <AMDPAR>66. Amend § 1037.810 by revising paragraph (c)(7) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1037.810 </SECTNO>
                        <SUBJECT>Incorporation by reference.</SUBJECT>
                        <STARS/>
                        <P>(c) * * *</P>
                        <P>(7) SAE J2343 FEB2018, Recommended Practice for LNG Medium and Heavy-Duty Powered Vehicles, Stabilized February 2018, (“SAE J2343”); IBR approved for § 1037.103(e).</P>
                        <STARS/>
                    </SECTION>
                    <PART>
                        <HD SOURCE="HED">PART 1039—CONTROL OF EMISSIONS FROM NEW AND IN-USE NONROAD COMPRESSION-IGNITION ENGINES</HD>
                    </PART>
                    <AMDPAR>67. The authority citation for part 1039 continues to read as follows:</AMDPAR>
                    <AUTH>
                        <HD SOURCE="HED">Authority:</HD>
                        <P>42 U.S.C. 7401-7671q.</P>
                    </AUTH>
                    <AMDPAR>68. Amend § 1039.110 by revising paragraph (a) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1039.110 </SECTNO>
                        <SUBJECT>Recording reductant use and other diagnostic functions.</SUBJECT>
                        <P>
                            (a) Engines equipped with SCR systems using a reductant other than the engine's fuel must have a diagnostic system that monitors reductant quality and tank levels and alert operators to the need to refill the reductant tank before it is empty, or to replace the reductant if it does not meet your concentration specifications. The diagnostic system must include audible and visual signals as described in § 1039.111. You do not need to separately monitor reductant quality if your system uses input from an exhaust NO
                            <E T="52">X</E>
                             sensor (or other sensor) to alert operators when reductant quality is inadequate. However, tank level must be monitored in all cases.
                        </P>
                        <STARS/>
                    </SECTION>
                    <AMDPAR>69. Add § 1039.111 to subpart B to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1039.111 </SECTNO>
                        <SUBJECT>Inducements related to SCR.</SUBJECT>
                        <P>Engines using SCR to control emissions depend on a constant supply of diesel exhaust fluid (DEF). This section describes how manufacturers must design their engines to prompt operators to take appropriate actions to ensure the SCR system is working properly. The requirements of this section apply starting in model year 2029, though you may comply with the requirements of this section in earlier model years.</P>
                        <P>(a) [Reserved]</P>
                        <P>
                            (b) 
                            <E T="03">Inducement triggering conditions.</E>
                             Create strategies that monitor for and trigger an inducement signal based on the following conditions:
                        </P>
                        <P>(1) Engine operation with no DEF.</P>
                        <P>
                            (2) DEF with a urea concentration below 20 mass percent. You may determine urea concentration based on direct measurement or based on a surrogate value such as exhaust NO
                            <E T="52">X</E>
                             concentration before and after an SCR catalyst. Measurement may be limited to one time for each occurrence of adding to the DEF tank. Use good engineering judgment to determine urea concentration as soon as possible.
                        </P>
                        <P>(3) Any signal indicating that a catalyst is missing.</P>
                        <P>
                            (4) Open circuit faults related to the following: DEF tank level sensor, DEF pump, DEF quality sensor, SCR wiring harness, NO
                            <E T="52">X</E>
                             sensors, DEF dosing valve, DEF tank heater, DEF tank temperature sensor, and aftertreatment control module.
                        </P>
                        <P>
                            (c) 
                            <E T="03">Audible and visual signals.</E>
                             Design engines with audible and visual signals corresponding to the inducement triggering conditions in paragraph (b) of this section, subject to our approval, as follows:
                        </P>
                        <P>(1) Audible signals must be sufficient to alert the operator to the need for service. The tone must be active for 90 seconds with repeated tones on one of the following schedules:</P>
                        <P>(i) For DEF supply, the tone must occur when the system detects the triggering condition in paragraph (b)(1) of this section, when the engine detects an empty DEF tank, 30 minutes after detecting an empty DEF tank, 60 minutes after detecting an empty DEF tank, and then every 60 minutes until key-off.</P>
                        <P>(ii) For all conditions other than DEF supply, the tone must occur when the system detects a triggering condition in paragraph (b)(2) through (4) of this section, 30 minutes after detecting the triggering condition, 90 minutes after detecting the triggering condition, and then every 180 minutes until key-off.</P>
                        <P>(iii) If the triggering condition persists after keying off and on again, engines must repeat the audible signal after key-on and according to the time schedule described in paragraph (c)(1)(i) or (ii) of this section.</P>
                        <P>(2) You may design your engines to suspend the audible signals in paragraph (c)(1) of this section when ambient temperature is below −11 °C. If the triggering condition persists, restart audible signals at the same point in the schedule identified in paragraph (c)(1) of this section when ambient temperature is above 0 °C.</P>
                        <P>(3) Visual signals must be sufficient to alert the operator to the need for service. Visual signals must be displayed until deactivation as described in paragraph (e) of this section.</P>
                        <P>
                            (d) 
                            <E T="03">Performance derates.</E>
                             You may rely on derating engine performance for protecting aftertreatment systems and other engine components from catastrophic damage, as long as derating is not based only on an assessment of emission control performance (such as evaluation of catalyst conversion efficiency).
                        </P>
                        <P>
                            (e) 
                            <E T="03">Deactivating inducements.</E>
                             Program the engine to deactivate inducements as follows:
                        </P>
                        <P>(1) Evaluate whether the detected inducement triggering condition continues to apply. Deactivate inducements if the engine confirms that the detected inducement triggering condition is resolved.</P>
                        <P>(2) If your system allows for remotely deactivating inducement triggering codes, do not limit this capability to proprietary scantools.</P>
                    </SECTION>
                    <AMDPAR>70. Amend § 1039.115 by revising paragraph (e) and adding paragraph (h) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1039.115 </SECTNO>
                        <SUBJECT>What other requirements apply?</SUBJECT>
                        <STARS/>
                        <P>
                            (e) 
                            <E T="03">Adjustable parameters.</E>
                             Engines that have adjustable parameters must meet all the requirements of this part for any adjustment in the practically adjustable range.
                        </P>
                        <P>(1) We may require that you set adjustable parameters to any specification within the practically adjustable range during any testing, including certification testing, selective enforcement auditing, or in-use testing.</P>
                        <P>(2) General provisions for adjustable parameters apply as specified in 40 CFR 1068.50.</P>
                        <P>(3) DEF supply and DEF quality are adjustable parameters. The practically adjustable range includes any amount of DEF for which the engine's diagnostic system does not trigger inducement provisions under § 1036.111.</P>
                        <STARS/>
                        <PRTPAGE P="43257"/>
                        <P>(h) The following additional requirements apply for engines with SCR:</P>
                        <P>(1) Diesel exhaust fluid tanks must be sized to require refilling no more frequently than the vehicle operator will need to refill the fuel tank, even for worst-case assumptions related to fuel efficiency and refueling volumes.</P>
                        <P>
                            (2) Design engines to respond to varying DEF quality with compensation algorithms that varies DEF injection to maintain NO
                            <E T="52">X</E>
                             emission control that is comparable to operation with DEF conforming to the specifications referenced in the definition of “diesel exhaust fluid” in § 1039.801, subject to the limitations of the emission control hardware.
                        </P>
                        <P>(3) Design engines for DEF freeze protection by including a warming system to thaw DEF to restore DEF flow into the exhaust system within 70 minutes after engine starting using the procedure described in 40 CFR 1036.560.</P>
                    </SECTION>
                    <AMDPAR>71. Amend § 1039.125 by revising paragraph (a)(1) introductory text to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1039.125 </SECTNO>
                        <SUBJECT>What maintenance instructions must I give to buyers?</SUBJECT>
                        <STARS/>
                        <P>(a) * * *</P>
                        <P>(1) You demonstrate that the maintenance is reasonably likely to be done at the recommended intervals on in-use engines. We will accept DEF replenishment as reasonably likely to occur if your engine meets the specifications in § 1039.111. We will accept other scheduled maintenance as reasonably likely to occur if you satisfy any of the following conditions:</P>
                        <STARS/>
                    </SECTION>
                    <AMDPAR>72. Amend § 1039.130 by revising paragraph (b)(3) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1039.130 </SECTNO>
                        <SUBJECT>What installation instructions must I give to equipment manufacturers?</SUBJECT>
                        <STARS/>
                        <P>(b) * * *</P>
                        <P>(3) Describe the instructions needed to properly install the exhaust system and any other components. Include instructions consistent with the requirements of § 1039.205(u). Also describe how equipment manufacturers must install diesel exhaust fluid tanks with sensors and equipment as needed to meet the requirements of §§ 1039.111 and 1039.115(h).</P>
                        <STARS/>
                    </SECTION>
                    <AMDPAR>73. Amend § 1039.205 by adding paragraph (b)(12) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1039.205 </SECTNO>
                        <SUBJECT>What must I include in my application?</SUBJECT>
                        <STARS/>
                        <P>(b) * * *</P>
                        <P>(12) For engines using SCR, describe the following design features:</P>
                        <P>(i) Audible and visual signals required under § 1039.111(c).</P>
                        <P>(ii) Compensation algorithms required under § 1039.115(h)(2).</P>
                        <STARS/>
                    </SECTION>
                    <AMDPAR>74. Amend § 1039.501 by revising paragraph (d) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1039.501 </SECTNO>
                        <SUBJECT>How do I run a valid emission test?</SUBJECT>
                        <STARS/>
                        <P>(d) Use the fuels and engine fluids specified in § 1039.104(e) and 40 CFR part 1065 to perform valid tests.</P>
                        <P>(1) For service accumulation, use the test fuel or any commercially available fuel that is representative of the fuel that in-use engines will use.</P>
                        <P>(2) For diesel-fueled engines, use the appropriate diesel fuel specified in 40 CFR part 1065 for emission testing. Unless we specify otherwise, the appropriate diesel test fuel is the ultra low-sulfur diesel fuel. If we allow you to use a test fuel with higher sulfur levels, identify the test fuel in your application for certification and ensure that the emission control information label is consistent with your selection of the test fuel (see § 1039.135(c)(9)). For example, do not test with ultra low-sulfur diesel fuel if you intend to label your engines to allow use of diesel fuel with sulfur concentrations up to 500 ppm.</P>
                        <P>(3) For engines using selective catalytic reduction, use diesel exhaust fluid that conforms to the specifications referenced in the definition of “diesel exhaust fluid” in § 1039.801.</P>
                        <STARS/>
                    </SECTION>
                    <PART>
                        <HD SOURCE="HED">PART 1065—ENGINE-TESTING PROCEDURES</HD>
                    </PART>
                    <AMDPAR>75. The authority citation for part 1065 continues to read as follows:</AMDPAR>
                    <AUTH>
                        <HD SOURCE="HED">Authority:</HD>
                        <P>42 U.S.C. 7401-7671q.</P>
                    </AUTH>
                    <AMDPAR>76. Amend § 1065.1 by revising paragraph (e) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1065.1 </SECTNO>
                        <SUBJECT>Applicability.</SUBJECT>
                        <STARS/>
                        <P>(e) Unless we specify otherwise, the terms “procedures” and “test procedures” in this part include all aspects of engine testing, including the equipment specifications, calibrations, calculations, and other protocols and procedural specifications needed to make required measurements.</P>
                        <STARS/>
                    </SECTION>
                    <AMDPAR>77. Amend § 1065.2 by revising paragraph (c) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1065.2 </SECTNO>
                        <SUBJECT>Submitting information to EPA under this part.</SUBJECT>
                        <STARS/>
                        <P>(c) We may void any certificates or approvals associated with a submission of information if we find that you intentionally submitted false, incomplete, or misleading information. For example, if we find that you intentionally submitted incomplete information to mislead EPA when requesting approval to use alternative test procedures, we may void the certificates for all engine families certified based on emission data collected using the alternative procedures. This paragraph (c) would also apply if you ignore data from incomplete tests or from repeat tests with higher emission results.</P>
                        <STARS/>
                    </SECTION>
                    <AMDPAR>78. Amend § 1065.10 by revising paragraphs (c) introductory text, (c)(6), (c)(7) introductory text, and (c)(7)(iii); and removing paragraph (d) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1065.10 </SECTNO>
                        <SUBJECT>Other procedures.</SUBJECT>
                        <STARS/>
                        <P>
                            (c) 
                            <E T="03">Exceptions.</E>
                             We may allow or require you to use procedures other than those specified in this part in the following cases, which may apply to laboratory testing, field testing, or both. We intend to publicly announce when we allow or require such exceptions. If we require you to request approval to use other procedures under this paragraph (c), you may not use them until we approve your request. All the test procedures noted here as exceptions to the specified procedures are considered generically as “other procedures.” Note that the terms “special procedures” and “alternative procedures” have specific meanings; “special procedures” are those allowed by paragraph (c)(2) of this section and “alternative procedures” are those allowed by paragraph (c)(7).
                        </P>
                        <STARS/>
                        <P>
                            (6) During the 12 months following the effective date of any change in the provisions of this part 1065 (and 40 CFR part 1066 for vehicle testing), you may use data collected using procedures specified in the previously applicable version of this part 1065 (and 40 CFR part 1066 for vehicle testing). This also applies for changes to test procedures specified in the standard-setting part to the extent that these changes are not related to new standards. This paragraph (c)(6) does not restrict the use of carryover certification data otherwise allowed by the standard-setting part. This paragraph (c)(6) also does not prevent us from identifying an earlier 
                            <PRTPAGE P="43258"/>
                            starting date for certain changes to test procedures.
                        </P>
                        <P>(7) You may request to use alternative procedures that are equivalent to the specified procedures, or procedures that are more accurate or more precise than the specified procedures. We may perform tests with your engines using either the approved alternative procedures or the specified procedures. We may reject data you generate using alternate procedures if later testing with the otherwise specified procedures shows contradictory emission data. The following provisions apply to requests for alternative procedures:</P>
                        <STARS/>
                        <P>
                            (iii) 
                            <E T="03">Notification.</E>
                             We may approve your request by telling you directly, or we may issue guidance announcing our approval of a specific alternative procedure, which would make additional requests for approval unnecessary.
                        </P>
                        <STARS/>
                    </SECTION>
                    <AMDPAR>79. Revise § 1065.12 to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1065.12 </SECTNO>
                        <SUBJECT>Approval of alternative procedures.</SUBJECT>
                        <P>(a) To get approval for an alternative procedure under § 1065.10(c), send the EPA Program Officer an initial written request describing the alternative procedure and why you believe it is equivalent to the specified procedure. Anyone may request alternative procedure approval. This means that an individual engine manufacturer may request to use an alternative procedure. This also means that an instrument manufacturer may request to have an instrument, equipment, or procedure approved as an alternative procedure to those specified in this part. We may approve your request based on this information alone, whether or not it includes all the information specified in this section. Where we determine that your original submission does not include enough information for us to determine that the alternative procedure is equivalent to the specified procedure, we may ask you to submit supplemental information showing that your alternative procedure is consistently and reliably at least as accurate and repeatable as the specified procedure.</P>
                        <P>(b) We may make our approval under this section conditional upon meeting other requirements or specifications. We may limit our approval, for example, to certain time frames, specific duty cycles, or specific emission standards. Based upon any supplemental information we receive after our initial approval, we may amend a previously approved alternative procedure to extend, limit, or discontinue its use. We intend to publicly announce alternative procedures that we approve.</P>
                        <P>(c) Although we will make every effort to approve only alternative procedures that completely meet our requirements, we may revoke our approval of an alternative procedure if new information shows that it is significantly not equivalent to the specified procedure. If we do this, we will grant time to switch to testing using an allowed procedure, considering the following factors:</P>
                        <P>(1) The cost, difficulty, and availability to switch to a procedure that we allow.</P>
                        <P>(2) The degree to which the alternative procedure affects your ability to show that your engines comply with all applicable emission standards.</P>
                        <P>(3) Any relevant factors considered in our initial approval.</P>
                        <P>(d) If we do not approve your proposed alternative procedure based on the information in your initial request, we may ask you to send additional information to fully evaluate your request. While we consider the information specified in this paragraph (d) and the statistical criteria of paragraph (e) of this section to be sufficient to demonstrate equivalence, it may not be necessary to include all the information or meet the specified statistical criteria. For example, systems that do not meet the statistical criteria in paragraph (e) of this section because they have a small bias toward high emission results could be approved since they would not adversely affect your ability to demonstrate compliance with applicable standards.</P>
                        <P>
                            (1) 
                            <E T="03">Theoretical basis.</E>
                             Give a brief technical description explaining why you believe the proposed alternative procedure should result in emission measurements equivalent to those using the specified procedure. You may include equations, figures, and references. You should consider the full range of parameters that may affect equivalence. For example, for a request to use a different NO
                            <E T="52">X</E>
                             measurement procedure, you should theoretically relate the alternative detection principle to the specified detection principle over the expected concentration ranges for NO, NO
                            <E T="52">2</E>
                            , and interference species. For a request to use a different PM measurement procedure, you should explain the principles by which the alternative procedure quantifies particulate mass similarly to the specified procedures.
                        </P>
                        <P>
                            (2) 
                            <E T="03">Technical description.</E>
                             Describe briefly any hardware or software needed to perform the alternative procedure. You may include dimensioned drawings, flowcharts, schematics, and component specifications. Explain any necessary calculations or other data manipulation.
                        </P>
                        <P>
                            (3) 
                            <E T="03">Procedure execution.</E>
                             Describe briefly how to perform the alternative procedure and recommend a level of training an operator should have to achieve acceptable results. Summarize the installation, calibration, operation, and maintenance procedures in a step-by-step format. Describe how any calibration is performed using NIST-traceable standards or other similar standards we approve. Calibration must be specified by using known quantities and must not be specified as a comparison with other allowed procedures.
                        </P>
                        <P>
                            (4) 
                            <E T="03">Data-collection techniques.</E>
                             Compare measured emission results using the proposed alternative procedure and the specified procedure, as follows:
                        </P>
                        <P>(i) Both procedures must be calibrated independently to NIST-traceable standards or to other similar standards we approve.</P>
                        <P>(ii) Include measured emission results from all applicable duty cycles. Measured emission results should show that the test engine meets all applicable emission standards according to specified procedures.</P>
                        <P>(iii) Use statistical methods to evaluate the emission measurements, such as those described in paragraph (e) of this section.</P>
                        <P>
                            (e) Absent any other directions from us, use a 
                            <E T="03">t</E>
                            -test and an 
                            <E T="03">F</E>
                            -test calculated according to § 1065.602 to evaluate whether your proposed alternative procedure is equivalent to the specified procedure. We may give you specific directions regarding methods for statistical analysis, or we may approve other methods that you propose. Such alternative methods may be more or less stringent than those specified in this paragraph (e). In determining the appropriate statistical criteria, we will consider the repeatability of measurements made with the reference procedure. For example, less stringent statistical criteria may be appropriate for measuring emission levels being so low that they adversely affect the repeatability of reference measurements. We recommend that you consult a statistician if you are unfamiliar with these statistical tests. Perform the tests as follows:
                        </P>
                        <P>
                            (1) Repeat measurements for all applicable duty cycles at least seven times for each procedure. You may use laboratory duty cycles to evaluate field-testing procedures. Be sure to include all available results to evaluate the precision and accuracy of the proposed 
                            <PRTPAGE P="43259"/>
                            alternative procedure, as described in § 1065.2.
                        </P>
                        <P>
                            (2) Demonstrate the accuracy of the proposed alternative procedure by showing that it passes a two-sided 
                            <E T="03">t</E>
                            -test. Use an unpaired 
                            <E T="03">t</E>
                            -test, unless you show that a paired 
                            <E T="03">t</E>
                            -test is appropriate under both of the following provisions:
                        </P>
                        <P>(i) For paired data, the population of the paired differences from which you sampled paired differences must be independent. That is, the probability of any given value of one paired difference is unchanged by knowledge of the value of another paired difference. For example, your paired data would violate this requirement if your series of paired differences showed a distinct increase or decrease that was dependent on the time at which they were sampled.</P>
                        <P>
                            (ii) For paired data, the population of paired differences from which you sampled the paired differences must have a normal (
                            <E T="03">i.e.,</E>
                             Gaussian) distribution. If the population of paired difference is not normally distributed, consult a statistician for a more appropriate statistical test, which may include transforming the data with a mathematical function or using some kind of non-parametric test.
                        </P>
                        <P>
                            (3) Show that 
                            <E T="03">t</E>
                             is less than the critical 
                            <E T="03">t</E>
                             value, 
                            <E T="03">t</E>
                            <E T="52">crit</E>
                            , tabulated in § 1065.602, for the following confidence intervals:
                        </P>
                        <P>(i) 90% for a proposed alternative procedure for laboratory testing.</P>
                        <P>(ii) 95% for a proposed alternative procedure for field testing.</P>
                        <P>
                            (4) Demonstrate the precision of the proposed alternative procedure by showing that it passes an 
                            <E T="03">F</E>
                            -test. Use a set of at least seven samples from the reference procedure and a set of at least seven samples from the alternative procedure to perform an 
                            <E T="03">F</E>
                            -test. The sets must meet the following requirements:
                        </P>
                        <P>(i) Within each set, the values must be independent. That is, the probability of any given value in a set must be unchanged by knowledge of another value in that set. For example, your data would violate this requirement if a set showed a distinct increase or decrease that was dependent upon the time at which they were sampled.</P>
                        <P>
                            (ii) For each set, the population of values from which you sampled must have a normal (
                            <E T="03">i.e.,</E>
                             Gaussian) distribution. If the population of values is not normally distributed, consult a statistician for a more appropriate statistical test, which may include transforming the data with a mathematical function or using some kind of non-parametric test.
                        </P>
                        <P>(iii) The two sets must be independent of each other. That is, the probability of any given value in one set must be unchanged by knowledge of another value in the other set. For example, your data would violate this requirement if one value in a set showed a distinct increase or decrease that was dependent upon a value in the other set. Note that a trend of emission changes from an engine would not violate this requirement.</P>
                        <P>
                            (iv) If you collect paired data for the paired 
                            <E T="03">t</E>
                            -test in paragraph (e)(2) in this section, use caution when selecting sets from paired data for the 
                            <E T="03">F</E>
                            -test. If you do this, select sets that do not mask the precision of the measurement procedure. We recommend selecting such sets only from data collected using the same engine, measurement instruments, and test cycle.
                        </P>
                        <P>
                            (5) Show that 
                            <E T="03">F</E>
                             is less than the critical 
                            <E T="03">F</E>
                             value, 
                            <E T="03">F</E>
                            <E T="52">crit</E>
                            , tabulated in § 1065.602. If you have several 
                            <E T="03">F</E>
                            -test results from several sets of data, show that the mean 
                            <E T="03">F</E>
                            -test value is less than the mean critical 
                            <E T="03">F</E>
                             value for all the sets. Evaluate 
                            <E T="03">F</E>
                            <E T="52">crit</E>
                            , based on the following confidence intervals:
                        </P>
                        <P>(i) 90% for a proposed alternative procedure for laboratory testing.</P>
                        <P>(ii) 95% for a proposed alternative procedure for field testing.</P>
                    </SECTION>
                    <AMDPAR>80. Amend § 1065.140 by adding paragraph (b)(2)(vi) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1065.140 </SECTNO>
                        <SUBJECT>Dilution for gaseous and PM constituents.</SUBJECT>
                        <STARS/>
                        <P>(b) * * *</P>
                        <P>(2) * * *</P>
                        <P>(vi) You may use the provisions in 40 CFR 1066.110(b)(2)(i).</P>
                        <STARS/>
                    </SECTION>
                    <AMDPAR>81. Amend § 1065.201 by revising paragraph (b) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1065.201 </SECTNO>
                        <SUBJECT>Overview and general provisions.</SUBJECT>
                        <STARS/>
                        <P>
                            (b) 
                            <E T="03">Instrument types.</E>
                             You may use any of the specified instruments as described in this subpart to perform emission tests. If you want to use one of these instruments in a way that is not specified in this subpart, or if you want to use a different instrument, you must first get us to approve your alternative procedure under § 1065.10. Where we specify more than one instrument for a particular measurement, we may identify which instrument serves as the reference for comparing with an alternative procedure. You may generally use instruments with compensation algorithms that are functions of other gaseous measurements and the known or assumed fuel properties for the test fuel. The target value for any compensation algorithm is 0% (that is, no bias high and no bias low), regardless of the uncompensated signal's bias.
                        </P>
                        <STARS/>
                    </SECTION>
                    <AMDPAR>82. Amend § 1065.225 by revising paragraph (a) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1065.225 </SECTNO>
                        <SUBJECT>Intake-air flow meter.</SUBJECT>
                        <P>
                            (a) 
                            <E T="03">Application.</E>
                             You may use intake-air flow meters in combination with a chemical balance of fuel, DEF, intake air, and raw exhaust to calculate raw exhaust flow as described in § 1065.655(f) and (g). You may also use intake-air flow meters to determine the amount of intake air input for performing carbon balance error verification in § 1065.543 and to calculate the measured amount of intake air, 
                            <E T="03">n</E>
                            <E T="52">int</E>
                            , as described in § 1065.643. The following provisions apply for using intake-air flow meters:
                        </P>
                        <P>(1) Use the actual value of calculated raw exhaust in the following cases:</P>
                        <P>(i) For multiplying raw exhaust flow rate with continuously sampled concentrations.</P>
                        <P>(ii) For multiplying total raw exhaust flow with batch-sampled concentrations.</P>
                        <P>(iii) For verifying minimum dilution ratio for PM batch sampling as described in § 1065.546.</P>
                        <P>(iv) For calculating the dilution air flow for background correction as described in § 1065.667.</P>
                        <P>(2) In the following cases, you may use an intake-air flow meter signal that does not give the actual value of raw exhaust, as long as it is linearly proportional to the exhaust flow rate's actual calculated value:</P>
                        <P>(i) For feedback control of a proportional sampling system, such as a partial-flow dilution system.</P>
                        <P>(ii) For multiplying with continuously sampled gas concentrations, if the same signal is used in a chemical-balance calculation to determine work from brake-specific fuel consumption and fuel consumed.</P>
                        <STARS/>
                    </SECTION>
                    <AMDPAR>83. Amend § 1065.248 by:</AMDPAR>
                    <AMDPAR>
                        a. Adding an undesignated center heading “CO AND CO
                        <E T="52">2</E>
                         MEASUREMENTS” immediately before § 1065.248 section heading; and
                    </AMDPAR>
                    <AMDPAR>
                        b. After paragraph (b), removing the undesignated text “CO AND CO
                        <E T="52">2</E>
                         MEASUREMENTS”.
                    </AMDPAR>
                    <AMDPAR>84. Amend § 1065.257 by revising paragraph (d) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1065.257 </SECTNO>
                        <SUBJECT>
                            H
                            <E T="0735">2</E>
                            O measurement devices.
                        </SUBJECT>
                        <STARS/>
                        <P>
                            (d) 
                            <E T="03">Interference verification.</E>
                             Certain compounds can interfere with FTIR and laser infrared analyzers by causing a response similar to water. Perform 
                            <PRTPAGE P="43260"/>
                            interference verification for the following interference species:
                        </P>
                        <P>
                            (1) Perform CO
                            <E T="52">2</E>
                             interference verification for FTIR analyzers using the procedures of § 1065.357. Use good engineering judgment to determine other interference species for FTIR analyzers when performing interference verification. Consider at least CO, NO, C
                            <E T="52">2</E>
                            H
                            <E T="52">4</E>
                            , and C
                            <E T="52">7</E>
                            H
                            <E T="52">8</E>
                            . Perform interference verifications using the procedures of § 1065.357, replacing occurrences of CO
                            <E T="52">2</E>
                             with each targeted interference species. Determine interference species under this paragraph (d)(1) that are appropriate for each H
                            <E T="52">2</E>
                            O infrared absorption band, or you may identify the interference species based on the instrument manufacturer's recommendations.
                        </P>
                        <P>
                            (2) Perform interference verification for laser infrared analyzers using the procedures of § 1065.358. Use good engineering judgment to determine interference species for laser infrared analyzers. Note that interference species are dependent on the H
                            <E T="52">2</E>
                            O infrared absorption band chosen by the instrument manufacturer. For each analyzer determine the H
                            <E T="52">2</E>
                            O infrared absorption band. Determine interference species under this paragraph (d)(2) that are appropriate for each H
                            <E T="52">2</E>
                            O infrared absorption band, or you may identify the interference species based on the instrument manufacturer's recommendations.
                        </P>
                    </SECTION>
                    <AMDPAR>85. Remove the undesignated center heading “HYDROCARBON MEASUREMENTS” immediately before § 1065.260 section heading.</AMDPAR>
                    <AMDPAR>86. Amend § 1065.267 by revising paragraph (a) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1065.267 </SECTNO>
                        <SUBJECT>Gas chromatograph with a flame ionization detector.</SUBJECT>
                        <P>
                            (a) 
                            <E T="03">Application.</E>
                             You may use a gas chromatograph with a flame ionization detector (GC-FID) to measure CH
                            <E T="52">4</E>
                             and C
                            <E T="52">2</E>
                            H
                            <E T="52">6</E>
                             concentrations of diluted exhaust for batch sampling. While you may also use a nonmethane cutter to measure CH
                            <E T="52">4</E>
                            , as described in § 1065.265, use a reference procedure based on a gas chromatograph for comparison with any proposed alternative measurement procedure under § 1065.10.
                        </P>
                        <STARS/>
                    </SECTION>
                    <AMDPAR>87. Amend § 1065.270 by revising paragraph (a) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1065.270 </SECTNO>
                        <SUBJECT>
                            Chemiluminescent NO
                            <E T="0735">X</E>
                             analyzer.
                        </SUBJECT>
                        <P>
                            (a) 
                            <E T="03">Application.</E>
                             You may use a chemiluminescent detector (CLD) to measure NO
                            <E T="52">X</E>
                             concentration in raw or diluted exhaust for batch or continuous sampling. We generally accept a CLD for NO
                            <E T="52">X</E>
                             measurement, even though it measures only NO and NO
                            <E T="52">2</E>
                            , when coupled with an NO
                            <E T="52">2</E>
                            -to-NO converter, since conventional engines and aftertreatment systems do not emit significant amounts of NO
                            <E T="52">X</E>
                             species other than NO and NO
                            <E T="52">2</E>
                            . Measure other NO
                            <E T="52">X</E>
                             species if required by the standard-setting part. While you may also use other instruments to measure NO
                            <E T="52">X</E>
                            , as described in § 1065.272, use a reference procedure based on a chemiluminescent detector for comparison with any proposed alternative measurement procedure under § 1065.10.
                        </P>
                        <STARS/>
                    </SECTION>
                    <AMDPAR>88. Amend § 1065.290 by revising paragraph (b) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1065.290 </SECTNO>
                        <SUBJECT>PM gravimetric balance.</SUBJECT>
                        <STARS/>
                        <P>
                            (b) 
                            <E T="03">Component requirements.</E>
                             We recommend that you use a balance that meets the specifications in Table 1 of § 1065.205. Note that your balance-based system must meet the linearity verification in § 1065.307. If the balance uses internal calibration weights for routine spanning and the weights do not meet the specifications in § 1065.790, the weights must be verified independently with external calibration weights meeting the requirements of § 1065.790. While you may also use an inertial balance to measure PM, as described in § 1065.295, use a reference procedure based on a gravimetric balance for comparison with any proposed alternative measurement procedure under § 1065.10.
                        </P>
                        <STARS/>
                    </SECTION>
                    <AMDPAR>89. Revise and republish § 1065.303 to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1065.303 </SECTNO>
                        <SUBJECT>Summary of required calibration and verifications.</SUBJECT>
                        <P>The following table summarizes the required and recommended calibrations and verifications described in this subpart and indicates when these have to be performed:</P>
                        <GPOTABLE COLS="2" OPTS="L2,nj,i1" CDEF="s100,r150">
                            <TTITLE>Table 1 of § 1065.303—Summary of Required Calibration and Verifications</TTITLE>
                            <BOXHD>
                                <CHED H="1">Type of calibration or verification</CHED>
                                <CHED H="1">
                                    Minimum frequency 
                                    <SU>a</SU>
                                </CHED>
                            </BOXHD>
                            <ROW>
                                <ENT I="01">§ 1065.305: Accuracy, repeatability and noise</ENT>
                                <ENT>
                                    <E T="03">Accuracy:</E>
                                     Not required, but recommended for initial installation.
                                    <LI>
                                        <E T="03">Repeatability:</E>
                                         Not required, but recommended for initial installation.
                                    </LI>
                                </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="22"> </ENT>
                                <ENT>
                                    <E T="03">Noise:</E>
                                     Not required, but recommended for initial installation.
                                </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">§ 1065.307: Linearity verification</ENT>
                                <ENT>
                                    <E T="03">Speed:</E>
                                     Upon initial installation, within 370 days before testing and after major maintenance.
                                </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="22"> </ENT>
                                <ENT>
                                    <E T="03">Torque:</E>
                                     Upon initial installation, within 370 days before testing and after major maintenance. In the case of torque measurement transducers and systems that are shipped off-site for linearity verification, the linearity verification is required within 370 days before testing, plus up to an additional 185 days before testing to store and transport calibrated equipment that is stored in a controlled environment.
                                </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="22"> </ENT>
                                <ENT>
                                    <E T="03">Electrical power, current, and voltage:</E>
                                     Upon initial installation, within 370 days before testing and after major maintenance.
                                    <SU>b</SU>
                                </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="22"> </ENT>
                                <ENT>
                                    <E T="03">Fuel mass flow rate:</E>
                                     Upon initial installation, within 370 days before testing, and after major maintenance.
                                </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="22"> </ENT>
                                <ENT>
                                    <E T="03">Fuel mass scale:</E>
                                     Upon initial installation, within 370 days before testing, and after major maintenance.
                                </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="22"> </ENT>
                                <ENT>
                                    <E T="03">DEF mass flow rate:</E>
                                     Upon initial installation, within 370 days before testing, and after major maintenance.
                                    <SU>c</SU>
                                </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="22"> </ENT>
                                <ENT>
                                    <E T="03">DEF mass scale:</E>
                                     Upon initial installation, within 370 days before testing, and after major maintenance.
                                </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="22"> </ENT>
                                <ENT>
                                    <E T="03">Intake-air, dilution air, diluted exhaust, and batch sampler flow rates:</E>
                                     Upon initial installation, within 370 days before testing and after major maintenance.
                                    <SU>d</SU>
                                </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="22"> </ENT>
                                <ENT>
                                    <E T="03">Raw exhaust flow rate:</E>
                                     Upon initial installation, within 185 days before testing and after major maintenance.
                                    <SU>d</SU>
                                </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="22"> </ENT>
                                <ENT>
                                    <E T="03">Gas dividers:</E>
                                     Upon initial installation, within 370 days before testing, and after major maintenance.
                                </ENT>
                            </ROW>
                            <ROW>
                                <PRTPAGE P="43261"/>
                                <ENT I="22"> </ENT>
                                <ENT>
                                    <E T="03">Gas analyzers (unless otherwise noted):</E>
                                     Upon initial installation, within 35 days before testing and after major maintenance.
                                </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="22"> </ENT>
                                <ENT>
                                    <E T="03">FTIR, H</E>
                                    <E T="8145">2</E>
                                    <E T="03">O laser infrared analyzers, and photoacoustic analyzers:</E>
                                     Upon initial installation, within 370 days before testing and after major maintenance.
                                </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="22"> </ENT>
                                <ENT>
                                    <E T="03">GC-ECD:</E>
                                     Upon initial installation and after major maintenance.
                                </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="22"> </ENT>
                                <ENT>
                                    <E T="03">PM balance:</E>
                                     Upon initial installation, within 370 days before testing and after major maintenance.
                                </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="22"> </ENT>
                                <ENT>
                                    <E T="03">Pressure, temperature, and dewpoint:</E>
                                     Upon initial installation, within 370 days before testing and after major maintenance.
                                </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">§ 1065.308: Continuous gas analyzer system response and updating-recording verification—for gas analyzers not continuously compensated for other gas species</ENT>
                                <ENT>Upon initial installation or after system modification that would affect response.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">§ 1065.309: Continuous gas analyzer system-response and updating-recording verification—for gas analyzers continuously compensated for other gas species</ENT>
                                <ENT>Upon initial installation or after system modification that would affect response.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">§ 1065.310: Torque</ENT>
                                <ENT>Upon initial installation and after major maintenance.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">§ 1065.315: Pressure, temperature, dewpoint</ENT>
                                <ENT>Upon initial installation and after major maintenance.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">§ 1065.320: Fuel flow</ENT>
                                <ENT>Upon initial installation and after major maintenance.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">§ 1065.325: Intake flow</ENT>
                                <ENT>Upon initial installation and after major maintenance.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">§ 1065.330: Exhaust flow</ENT>
                                <ENT>Upon initial installation and after major maintenance.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">§ 1065.340: Diluted exhaust flow (CVS)</ENT>
                                <ENT>Upon initial installation and after major maintenance.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">§ 1065.341: CVS and PFD flow verification (propane check)</ENT>
                                <ENT>
                                    Upon initial installation, within 35 days before testing, and after major maintenance.
                                    <SU>e</SU>
                                </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">§ 1065.342 Sample dryer verification</ENT>
                                <ENT>
                                    For thermal chillers: upon installation and after major maintenance.
                                    <LI>For osmotic membranes; upon installation, within 35 days of testing, and after major maintenance.</LI>
                                </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">§ 1065.345: Vacuum leak</ENT>
                                <ENT>For laboratory testing: upon initial installation of the sampling system, within 8 hours before the start of the first test interval of each duty-cycle sequence, and after maintenance such as pre-filter changes.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="22"> </ENT>
                                <ENT>For field testing: after each installation of the sampling system on the vehicle, prior to the start of the field test, and after maintenance such as pre-filter changes.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">
                                    § 1065.350: CO
                                    <E T="0732">2</E>
                                     NDIR H
                                    <E T="0732">2</E>
                                    O interference
                                </ENT>
                                <ENT>Upon initial installation and after major maintenance.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">
                                    § 1065.355: CO NDIR CO
                                    <E T="0732">2</E>
                                     and H
                                    <E T="0732">2</E>
                                    O interference
                                </ENT>
                                <ENT>Upon initial installation and after major maintenance.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">
                                    § 1065.357: H
                                    <E T="0732">2</E>
                                    O FTIR interference
                                </ENT>
                                <ENT>Upon initial installation and after major maintenance.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">
                                    § 1065.358: H
                                    <E T="0732">2</E>
                                    O LIA interference
                                </ENT>
                                <ENT>Upon initial installation and after major maintenance.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">
                                    § 1065.360: FID calibration
                                    <LI>THC FID optimization, and THC FID verification</LI>
                                </ENT>
                                <ENT>
                                    Calibrate all FID analyzers: upon initial installation and after major maintenance.
                                    <LI>
                                        Optimize and determine CH
                                        <E T="0732">4</E>
                                         response for THC FID analyzers: upon initial installation and after major maintenance.
                                    </LI>
                                </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="22"> </ENT>
                                <ENT>
                                    Verify CH
                                    <E T="0732">4</E>
                                     response for THC FID analyzers: upon initial installation, within 185 days before testing, and after major maintenance.
                                </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="22"> </ENT>
                                <ENT>
                                    Verify C
                                    <E T="0732">2</E>
                                    H
                                    <E T="0732">6</E>
                                     response for THC FID analyzers if used for NMNEHC determination: upon initial installation, within 185 days before testing, and after major maintenance.
                                </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">
                                    § 1065.362: Raw exhaust FID O
                                    <E T="0732">2</E>
                                     interference
                                </ENT>
                                <ENT>
                                    For all FID analyzers: upon initial installation, and after major maintenance.
                                    <LI>For THC FID analyzers: upon initial installation, after major maintenance, and after FID optimization according to § 1065.360.</LI>
                                </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">§ 1065.365: Nonmethane cutter penetration</ENT>
                                <ENT>Upon initial installation, within 185 days before testing, and after major maintenance.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">§ 1065.366: Interference verification for FTIR analyzers</ENT>
                                <ENT>Upon initial installation and after major maintenance.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">
                                    § 1065.369: H
                                    <E T="0732">2</E>
                                    O, CO, and CO
                                    <E T="0732">2</E>
                                     interference verification for ethanol photoacoustic analyzers
                                </ENT>
                                <ENT>Upon initial installation and after major maintenance.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">
                                    § 1065.370: CLD CO
                                    <E T="0732">2</E>
                                     and H
                                    <E T="0732">2</E>
                                    O quench
                                </ENT>
                                <ENT>Upon initial installation and after major maintenance.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">
                                    § 1065.372: NDUV HC and H
                                    <E T="0732">2</E>
                                    O interference
                                </ENT>
                                <ENT>Upon initial installation and after major maintenance.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">
                                    § 1065.375: N
                                    <E T="0732">2</E>
                                    O analyzer interference
                                </ENT>
                                <ENT>Upon initial installation and after major maintenance.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">
                                    § 1065.376: Chiller NO
                                    <E T="0732">2</E>
                                     penetration
                                </ENT>
                                <ENT>Upon initial installation and after major maintenance.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">§ 1065.377: Interference verification for NH3 analyzers</ENT>
                                <ENT>Upon initial installation and after major maintenance.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">
                                    § 1065.378: NO
                                    <E T="0732">2</E>
                                    -to-NO converter conversion
                                </ENT>
                                <ENT>Upon initial installation, within 35 days before testing, and after major maintenance.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">§ 1065.390: PM balance and weighing</ENT>
                                <ENT>
                                    <E T="03">Independent verification:</E>
                                     upon initial installation, within 370 days before testing, and after major maintenance.
                                </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="22"> </ENT>
                                <ENT>Zero, span, and reference sample verifications: within 12 hours of weighing, and after major maintenance.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">§ 1065.395: Inertial PM balance and weighing</ENT>
                                <ENT>Independent verification: upon initial installation, within 370 days before testing, and after major maintenance.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="22"> </ENT>
                                <ENT>Other verifications: upon initial installation and after major maintenance.</ENT>
                            </ROW>
                            <TNOTE>
                                <SU>a</SU>
                                 Perform calibrations and verifications more frequently than we specify, according to measurement system manufacturer instructions and good engineering judgment.
                            </TNOTE>
                            <TNOTE>
                                <SU>b</SU>
                                 Perform linearity verification either for electrical power or for current and voltage.
                            </TNOTE>
                            <TNOTE>
                                <SU>c</SU>
                                 Linearity verification is not required if DEF flow rate comes directly from the ECM signal as described in § 1065.247(b).
                            </TNOTE>
                            <TNOTE>
                                <SU>d</SU>
                                 Linearity verification is not required if the flow signal's accuracy is verified by carbon balance error verification as described in § 1065.307(e)(5) or a propane check as described in § 1065.341.
                            </TNOTE>
                            <TNOTE>
                                <SU>e</SU>
                                 CVS and PFD flow verification (propane check) is not required for measurement systems verified by linearity verification as described in § 1065.307 or carbon balance error verification as described in § 1065.341(h).
                            </TNOTE>
                        </GPOTABLE>
                        <PRTPAGE P="43262"/>
                    </SECTION>
                    <AMDPAR>90. Amend § 1065.308 by revising paragraphs (b) and (g) introductory text to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1065.308 </SECTNO>
                        <SUBJECT>Continuous gas analyzer system-response and updating-recording verification—for gas analyzers not continuously compensated for other gas species.</SUBJECT>
                        <STARS/>
                        <P>
                            (b) 
                            <E T="03">Measurement principles.</E>
                             This test verifies that the updating and recording frequencies match the overall system response to a rapid change in the value of concentrations at the sample probe. Gas analyzers and their sampling systems must be optimized such that their overall response to a rapid change in concentration is updated and recorded at an appropriate frequency to prevent loss of information. This test also verifies that the measurement system meets a minimum response time. You may use the results of this test to determine transformation time, 
                            <E T="03">t</E>
                            <E T="52">50</E>
                            , for the purposes of time alignment of continuous data in accordance with § 1065.650(c)(2)(i). You may also use an alternative procedure to determine 
                            <E T="03">t</E>
                            <E T="52">50</E>
                             in accordance with good engineering judgment. Note that any such procedure for determining t
                            <E T="52">50</E>
                             must account for both transport delay and analyzer response time.
                        </P>
                        <STARS/>
                        <P>
                            (g) 
                            <E T="03">Optional procedure.</E>
                             Instead of using a three-way valve to switch between zero and span gases, you may use a fast-acting two-way valve to switch sampling between ambient air and span gas at the probe inlet. For this alternative procedure, the following provisions apply:
                        </P>
                        <STARS/>
                    </SECTION>
                    <AMDPAR>91. Amend § 1065.309 by revising paragraph (b) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1065.309 </SECTNO>
                        <SUBJECT>Continuous gas analyzer system-response and updating-recording verification—for gas analyzers continuously compensated for other gas species.</SUBJECT>
                        <STARS/>
                        <P>
                            (b) 
                            <E T="03">Measurement principles.</E>
                             This procedure verifies that the updating and recording frequencies match the overall system response to a rapid change in the value of concentrations at the sample probe. It indirectly verifies the time-alignment and uniform response of all the continuous gas detectors used to generate a continuously combined/compensated concentration measurement signal. Gas analyzer systems must be optimized such that their overall response to rapid change in concentration is updated and recorded at an appropriate frequency to prevent loss of information. This test also verifies that the measurement system meets a minimum response time. For this procedure, ensure that all compensation algorithms and humidity corrections are turned on. You may use the results of this test to determine transformation time, 
                            <E T="03">t</E>
                            <E T="52">50</E>
                            , for the purposes of time alignment of continuous data in accordance with § 1065.650(c)(2)(i). You may also use an alternative procedure to determine 
                            <E T="03">t</E>
                            <E T="52">50</E>
                             consistent with good engineering judgment. Note that any such procedure for determining 
                            <E T="03">t</E>
                            <E T="52">50</E>
                             must account for both transport delay and analyzer response time.
                        </P>
                        <STARS/>
                    </SECTION>
                    <AMDPAR>92. Amend § 1065.340 by revising paragraph (h)(5) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1065.340 </SECTNO>
                        <SUBJECT>Diluted exhaust flow (CVS) calibration.</SUBJECT>
                        <STARS/>
                        <P>(h) * * *</P>
                        <P>(5) Set the variable restrictor to its wide-open position. Instead of a variable restrictor, you may alternatively vary the pressure downstream of the CFV by varying blower speed or by introducing a controlled leak. Note that some blowers have limitations on nonloaded conditions.</P>
                        <STARS/>
                    </SECTION>
                    <AMDPAR>93. Amend § 1065.342 by revising paragraph (e) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1065.342 </SECTNO>
                        <SUBJECT>Sample dryer verification.</SUBJECT>
                        <STARS/>
                        <P>
                            (e) 
                            <E T="03">Alternative sample dryer verification procedure.</E>
                             The following method may be used in place of the sample dryer verification procedure in (d) of this section. If you use a humidity sensor for continuous monitoring of dewpoint at the sample dryer outlet you may skip the performance check in § 1065.342(d), but you must make sure that the dryer outlet humidity is at or below the minimum value used for quench, interference, and compensation checks.
                        </P>
                    </SECTION>
                    <AMDPAR>94. Add § 1065.358 to subpart D immediately before the center heading “Hydrocarbon Measurements” to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1065.358 </SECTNO>
                        <SUBJECT>
                            Interference verification for H
                            <E T="52">2</E>
                            O Laser Infrared Analyzer.
                        </SUBJECT>
                        <P>
                            (a) 
                            <E T="03">Scope and frequency.</E>
                             If you measure H
                            <E T="52">2</E>
                            O using a laser infrared analyzer, verify the amount of interference after initial analyzer installation and after major maintenance.
                        </P>
                        <P>
                            (b) 
                            <E T="03">Measurement principles.</E>
                             Certain compounds can positively interfere with analyzers by causing a response similar to H
                            <E T="52">2</E>
                            O. If the analyzer uses compensation algorithms that rely on measurements of other gases to meet this interference verification, a correct result depends on simultaneously conducting these other measurements to test the compensation algorithms during the analyzer interference verification.
                        </P>
                        <P>
                            (c) 
                            <E T="03">System requirements.</E>
                             A H
                            <E T="52">2</E>
                            O laser infrared analyzer must have a combined interference that is within (0.0 ± 0.4) mmol/mol, though we strongly recommend a lower interference that is within (0.0 ± 0.2) mmol/mol.
                        </P>
                        <P>
                            (d) 
                            <E T="03">Procedure.</E>
                             Perform the interference verification as follows:
                        </P>
                        <P>
                            (1) Start, operate, zero, and span the H
                            <E T="52">2</E>
                            O laser infrared analyzer as you would before an emission test.
                        </P>
                        <P>(2) Flow a multi-component span gas that incorporates the target interference species and meets the specifications in § 1065.750 at the analyzer inlet. Use interference span gas concentrations that are at least as high as the maximum expected during testing.</P>
                        <P>(3) Allow time for the analyzer response to stabilize. Stabilization time may include time to purge the transfer line and account for analyzer response.</P>
                        <P>(4) Record the analyzer output for 30 seconds while it measures the sample's concentration. Calculate the arithmetic mean of this data. When performed with all the gases simultaneously, this is the combined interference.</P>
                        <P>(5) The analyzer meets the interference verification if the result of paragraph (d)(4) of this section meets the tolerance in paragraph (c) of this section.</P>
                        <P>(6) You may instead perform interference verification procedures separately for individual interference species. The system requirement specified in paragraph (c) of this section applies based on the sum of the interference values from separate interference species. If the concentration of any interference species used is higher than the maximum levels expected during testing, you may scale down each observed interference value by multiplying the observed interference value by the ratio of the maximum expected concentration value to the concentration in the span gas. The sum of the scaled interference values must meet the tolerance for combined interference as specified in paragraph (c) of this section.</P>
                    </SECTION>
                    <AMDPAR>95. Amend § 1065.360 by revising paragraph (b) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1065.360 </SECTNO>
                        <SUBJECT>FID optimization and verification.</SUBJECT>
                        <STARS/>
                        <P>
                            (b) 
                            <E T="03">Calibration.</E>
                             Use good engineering judgment to develop a calibration procedure, such as one based on the FID-analyzer manufacturer's instructions and recommended 
                            <PRTPAGE P="43263"/>
                            frequency for calibrating the FID. Alternatively, you may remove system components for off-site calibration. For a FID that measures THC, calibrate using C
                            <E T="52">3</E>
                            H
                            <E T="52">8</E>
                             calibration gases that meet the specifications of § 1065.750. For a FID that measures CH
                            <E T="52">4</E>
                            , calibrate using CH
                            <E T="52">4</E>
                             calibration gases that meet the specifications of § 1065.750. We recommend FID analyzer zero and span gases that contain approximately the flow-weighted mean concentration of O
                            <E T="52">2</E>
                             expected during testing. If you use a FID to measure CH
                            <E T="52">4</E>
                             downstream of a nonmethane cutter (NMC), you may calibrate that FID using CH
                            <E T="52">4</E>
                             calibration gases with the NMC. Regardless of the calibration gas composition, calibrate on a carbon number basis of one (C
                            <E T="52">1</E>
                            ). For example, if you use a C
                            <E T="52">3</E>
                            H
                            <E T="52">8</E>
                             span gas of concentration 200 μmol/mol, span the FID to respond with a value of 600 μmol/mol. As another example, if you use a CH
                            <E T="52">4</E>
                             span gas with a concentration of 200 μmol/mol, span the FID to respond with a value of 200 μmol/mol.
                        </P>
                        <STARS/>
                    </SECTION>
                    <AMDPAR>96. Amend § 1065.390 by revising paragraph (d) introductory text to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1065.390 </SECTNO>
                        <SUBJECT>PM balance verifications and weighing process verification.</SUBJECT>
                        <STARS/>
                        <P>
                            (d) 
                            <E T="03">Reference sample weighing.</E>
                             Verify all mass readings during a weighing session by weighing reference PM sample media (
                            <E T="03">e.g.</E>
                             filters) before and after a weighing session. A weighing session may be as short as desired, but no longer than 80 hours, and may include both pre-test and post-test mass readings. We recommend that weighing sessions be eight hours or less. Successive mass determinations of each reference PM sample media (
                            <E T="03">e.g.,</E>
                             filter) must return the same value within ±5 µg or ±10% of the net PM mass expected at the standard (if known), whichever is higher. If successive reference PM sample media (
                            <E T="03">e.g.</E>
                             filter) weighing events fail this criterion, invalidate all individual test media (
                            <E T="03">e.g.,</E>
                             filter) mass readings occurring between the successive reference media (
                            <E T="03">e.g.,</E>
                             filter) mass determinations. You may reweigh these media (
                            <E T="03">e.g.</E>
                             filter) in another weighing session. If you invalidate a pre-test media (
                            <E T="03">e.g.</E>
                             filter) mass determination, that test interval is void. Perform this verification as follows:
                        </P>
                        <STARS/>
                    </SECTION>
                    <AMDPAR>97. Amend § 1065.510 by revising paragraphs (f)(3)(iii) and (h) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1065.510 </SECTNO>
                        <SUBJECT>Engine mapping.</SUBJECT>
                        <STARS/>
                        <P>(f) * * *</P>
                        <P>(3) * * *</P>
                        <P>(iii) For electronically governed variable-speed engines, you may use a declared warm high-idle speed for calculating the alternative maximum test speed as specified in § 1065.610.</P>
                        <STARS/>
                        <P>
                            (h) 
                            <E T="03">Other mapping procedures.</E>
                             You may use other mapping procedures if you believe the procedures specified in this section are unsafe or unrepresentative for your engine. Any alternative techniques you use must satisfy the intent of the specified mapping procedures, which is to determine the maximum available torque at all engine speeds that occur during a duty cycle. Identify any deviations from this section's mapping procedures when you submit data to us.
                        </P>
                    </SECTION>
                    <AMDPAR>98. Amend § 1065.514 by revising paragraph (b) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1065.514 </SECTNO>
                        <SUBJECT>Cycle-validation criteria for operation over specified duty cycles.</SUBJECT>
                        <STARS/>
                        <P>
                            (b) 
                            <E T="03">Testing performed by manufacturers.</E>
                             Emission tests that meet the specifications of paragraph (f) of this section satisfy the standard-setting part's requirements for duty cycles. You may ask to use a dynamometer or other laboratory equipment that cannot meet those specifications. We will approve your request as long as using the alternative equipment does not adversely affect your ability to show compliance with the applicable emission standards.
                        </P>
                        <STARS/>
                    </SECTION>
                    <AMDPAR>99. Amend § 1065.520 by revising paragraph (g)(9) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1065.520 </SECTNO>
                        <SUBJECT>Pre-test verification procedures and pre-test data collection.</SUBJECT>
                        <STARS/>
                        <P>(g) * * *</P>
                        <P>(9) If corrective action does not resolve the deficiency, you may request to use the contaminated system as an alternative procedure under § 1065.10.</P>
                    </SECTION>
                    <AMDPAR>100. Amend § 1065.530 by:</AMDPAR>
                    <AMDPAR>a. Removing paragraph (b)(8);</AMDPAR>
                    <AMDPAR>b. Redesignating paragraphs (b)(9)-(12) as paragraphs (b)(8)-(11), respectively; and</AMDPAR>
                    <AMDPAR>c. Revising paragraph (c).</AMDPAR>
                    <P>The revision reads as follows:</P>
                    <SECTION>
                        <SECTNO>§ 1065.530 </SECTNO>
                        <SUBJECT>Emission test sequence.</SUBJECT>
                        <STARS/>
                        <P>(c) Start and run each test interval as described in this paragraph (c). The procedure varies depending on whether the test interval is part of a discrete-mode cycle, and whether the test interval includes engine starting. Note that the standard-setting part may apply different requirements for running test intervals. For example, 40 CFR part 1033 specifies a different way to perform discrete-mode testing.</P>
                        <P>(1) For steady-state discrete-mode duty cycles, start the duty cycle with the engine warmed-up and running as described in § 1065.501(c)(2)(i). Run each mode in the sequence specified in the standard-setting part. This will require controlling engine speed, engine load, or other operator demand settings as specified in the standard-setting part. Simultaneously start continuous data recording and batch sampling. We recommend that you stabilize the engine for at least 5 minutes for each mode. Once sampling begins, sample continuously for at least 1 minute. Note that longer sample times may be needed for accurately measuring very low emission levels.</P>
                        <P>(2) For transient and steady-state ramped-modal duty cycles that do not include engine starting, start the test interval with the engine running as soon as practical after completing engine preconditioning. Simultaneously start continuous data recording, batch sampling, and execution of the duty cycle.</P>
                        <P>(3) If engine starting is part of the test interval, simultaneously start continuous data recording and batch sampling before attempting to start the engine. Initiate the sequence of points in the duty cycle when the engine starts.</P>
                        <P>(4) For batch sampling systems, you may advance or delay the start and end of sampling at the beginning and end of the test interval to improve the accuracy of the batch sample, consistent with good engineering judgment.</P>
                        <STARS/>
                    </SECTION>
                    <AMDPAR>101. Amend § 1065.550 by revising paragraphs (b)(2) introductory text and (b)(3) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1065.550 </SECTNO>
                        <SUBJECT>Gas analyzer range verification and drift verification.</SUBJECT>
                        <STARS/>
                        <P>(b) * * *</P>
                        <P>
                            (2) Drift verification requires two sets of emission calculations. For each set of calculations, include all the constituents in the drift verification. Calculate one set using the data before drift correction and calculate the other set after correcting all the data for drift according to § 1065.672. Note that for purposes of drift verification, you must leave unaltered any negative emission values over a given test interval (
                            <E T="03">i.e.,</E>
                             do not set them to zero). These unaltered values are used when verifying either test interval values or composite emission values over the entire duty cycle for drift. For each constituent to be verified, 
                            <PRTPAGE P="43264"/>
                            both sets of calculations must include the following:
                        </P>
                        <STARS/>
                        <P>(3) The duty cycle is verified for drift if you satisfy the following criteria:</P>
                        <P>(i) For each regulated gaseous exhaust constituent, you must satisfy one of the following:</P>
                        <P>(A) For each test interval of the duty cycle, the difference between the uncorrected and the corrected emission values of the regulated constituent must be within ±4% of the uncorrected value or the applicable emissions standard, whichever is greater. Alternatively, the difference between the uncorrected and the corrected emission mass (or mass rate) values of the regulated constituent must be within ±4% of the uncorrected value or the composite work (or power) multiplied by the applicable emissions standard, whichever is greater. For purposes of verifying each test interval, you may use either the reference or actual composite work (or power).</P>
                        <P>(B) For each test interval of the duty cycle and for each mass subcomponent of the regulated constituent, the difference between the uncorrected and the corrected emission values must be within ±4% of the uncorrected value. Alternatively, the difference between the uncorrected and the corrected emissions mass (or mass rate) values must be within ±4% of the uncorrected value.</P>
                        <P>(C) For the entire duty cycle, the difference between the uncorrected and the corrected composite emission values of the regulated constituent must be within ±4% of the uncorrected value or applicable emission standard, whichever is greater.</P>
                        <P>(D) For the entire duty cycle and for each subcomponent of the regulated constituent, the difference between the uncorrected and the corrected composite emission values must be within ±4% of the uncorrected value.</P>
                        <P>
                            (ii) Where no emission standard applies for CO
                            <E T="52">2</E>
                            , H
                            <E T="52">2</E>
                            , O
                            <E T="52">2</E>
                            , H
                            <E T="52">2</E>
                            O, and NH
                            <E T="52">3</E>
                            , you must satisfy one of the following:
                        </P>
                        <P>
                            (A) For each test interval of the duty cycle, the difference between the uncorrected and the corrected CO
                            <E T="52">2</E>
                            , H
                            <E T="52">2</E>
                            , O
                            <E T="52">2</E>
                            , H
                            <E T="52">2</E>
                            O, or NH
                            <E T="52">3</E>
                             values must be within ±4% of the uncorrected value; or the difference between the uncorrected and the corrected CO
                            <E T="52">2</E>
                            , H
                            <E T="52">2</E>
                            , O
                            <E T="52">2</E>
                            , H
                            <E T="52">2</E>
                            O, or NH
                            <E T="52">3</E>
                             mass (or mass rate) values must be within ±4% of the uncorrected value.
                        </P>
                        <P>
                            (B) For the entire duty cycle, the difference between the uncorrected and the corrected composite CO
                            <E T="52">2</E>
                            , H
                            <E T="52">2</E>
                            , O
                            <E T="52">2</E>
                            , H
                            <E T="52">2</E>
                            O, or NH
                            <E T="52">3</E>
                             values must be within ±4% of the uncorrected value.
                        </P>
                        <STARS/>
                    </SECTION>
                    <AMDPAR>102. Amend § 1065.610 by revising paragraph (a)(2) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1065.610 </SECTNO>
                        <SUBJECT>Duty cycle generation.</SUBJECT>
                        <STARS/>
                        <P>(a) * * *</P>
                        <P>
                            (2) For engines with a high-speed governor that will be subject to a reference duty cycle that specifies normalized speeds greater than 100%, calculate an alternative maximum test speed, 
                            <E T="03">f</E>
                            <E T="52">ntest,alt</E>
                            , as specified in this paragraph (a)(2). If 
                            <E T="03">f</E>
                            <E T="52">ntest,alt</E>
                             is less than the measured maximum test speed, 
                            <E T="03">f</E>
                            <E T="52">ntest</E>
                            , determined in paragraph (a)(1) of this section, replace 
                            <E T="03">f</E>
                            <E T="52">ntest</E>
                             with 
                            <E T="03">f</E>
                            <E T="52">ntest,alt</E>
                            . In this case, 
                            <E T="03">f</E>
                            <E T="52">ntest,alt</E>
                             becomes the “maximum test speed” for that engine for all duty cycles. Note that § 1065.510 allows you to apply an optional declared maximum test speed to the final measured maximum test speed determined as an outcome of the comparison between fntest, and 
                            <E T="03">f</E>
                            <E T="52">ntest,alt</E>
                             in this paragraph (a)(2). Determine 
                            <E T="03">f</E>
                            <E T="52">ntest,alt</E>
                             as follows:
                        </P>
                        <GPH SPAN="1" DEEP="56">
                            <GID>EP14JY26.062</GID>
                        </GPH>
                        <EXTRACT>
                            <FP SOURCE="FP-2">Where:</FP>
                            <FP SOURCE="FP-2">
                                <E T="03">f</E>
                                <E T="52">ntest,alt</E>
                                 = alternative maximum test speed
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="03">f</E>
                                <E T="52">nhi,idle</E>
                                 = warm high-idle speed
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="03">f</E>
                                <E T="52">nidle</E>
                                 = warm idle speed
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="03">% speed</E>
                                <E T="52">max</E>
                                 = maximum normalized speed from duty cycle
                            </FP>
                        </EXTRACT>
                        <P>
                            <E T="03">Example:</E>
                        </P>
                        <FP SOURCE="FP-2">
                            <E T="03">f</E>
                            <E T="52">nhi,idle</E>
                             = 2200 r/min
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">f</E>
                            <E T="52">nidle</E>
                             = 800 r/min
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">% speed</E>
                            <E T="52">max</E>
                             = 105% (Nonroad CI Transient Cycle) = 1.05
                        </FP>
                        <GPH SPAN="1" DEEP="25">
                            <GID>EP14JY26.063</GID>
                        </GPH>
                        <FP SOURCE="FP-2">
                            <E T="03">f</E>
                            <E T="52">ntest,alt</E>
                             = 2133 r/min
                        </FP>
                        <STARS/>
                    </SECTION>
                    <AMDPAR>103. Amend § 1065.640 by revising paragraphs (a), (c)(5)(iv), and (d)(1) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1065.640 </SECTNO>
                        <SUBJECT>Flow meter calibration calculations.</SUBJECT>
                        <STARS/>
                        <P>
                            (a) 
                            <E T="03">Reference meter conversions.</E>
                             The calibration equations in this section use molar flow rate, 
                            <E T="03">
                                n
                                <AC T="b"/>
                            </E>
                            <E T="52">ref</E>
                            , as a reference quantity. If your reference meter outputs a flow rate in a different quantity, such as standard volume rate, 
                            <E T="03">
                                V
                                <AC T="b"/>
                            </E>
                            <E T="52">stdref</E>
                            , actual volume rate, 
                            <E T="03">
                                V
                                <AC T="b"/>
                            </E>
                            <E T="52">actref</E>
                            , or mass rate, 
                            <E T="03">
                                m
                                <AC T="b"/>
                            </E>
                            <E T="52">ref</E>
                            ,  convert your reference meter output to a molar flow rate using the following equations, noting that while values for volume rate, mass rate, pressure, temperature, and molar mass may change during an emission test, you should ensure that they are as constant as practical for each individual set point during a flow meter calibration:
                        </P>
                        <GPH SPAN="3" DEEP="58">
                            <GID>EP14JY26.064</GID>
                        </GPH>
                        <EXTRACT>
                            <FP SOURCE="FP-2">Where:</FP>
                            <FP SOURCE="FP-2">
                                <E T="03">
                                    n
                                    <AC T="b"/>
                                </E>
                                <E T="52">ref</E>
                                 = reference molar flow rate.
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="03">
                                    V
                                    <AC T="b"/>
                                </E>
                                <E T="52">stdref</E>
                                 = standard volume flow rate output by the reference flow meter at a standard pressure and standard temperature.
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="03">
                                    V
                                    <AC T="b"/>
                                </E>
                                <E T="52">actref</E>
                                 = actual volume flow rate output by the reference flow meter.
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="03">
                                    m
                                    <AC T="b"/>
                                </E>
                                <E T="52">ref</E>
                                 = mass flow rate output by the reference flow meter.
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="03">p</E>
                                <E T="52">std</E>
                                 = standard pressure used by the reference flow meter.
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="03">p</E>
                                <E T="52">act</E>
                                 = actual pressure of the flow rate.
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="03">T</E>
                                <E T="52">std</E>
                                 = standard temperature used by the reference flow meter.
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="03">R</E>
                                 = molar gas constant.
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="03">M</E>
                                <E T="52">mix</E>
                                 = molar mass of the flow rate.
                            </FP>
                        </EXTRACT>
                        <P>
                            <E T="03">Example 1:</E>
                        </P>
                        <FP SOURCE="FP-2">
                            <E T="03">
                                V
                                <AC T="b"/>
                            </E>
                            <E T="52">stdref</E>
                             = 1000.00 ft
                            <E T="51">3</E>
                            /min = 0.471948 m
                            <E T="51">3</E>
                            /s
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">p</E>
                            <E T="52">std</E>
                             = 29.9213 in Hg @32 °F = 101.325 kPa = 101325 Pa = 101325 kg/(m·s
                            <E T="51">2</E>
                            )
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">T</E>
                            <E T="52">std</E>
                             = 68.0 °F = 293.15 K
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">R</E>
                             = 8.314472 J/(mol·K) = 8.314472 (m
                            <SU>2</SU>
                            ·kg)/(s
                            <SU>2</SU>
                            ·mol·K)
                        </FP>
                        <GPH SPAN="1" DEEP="26">
                            <GID>EP14JY26.065</GID>
                        </GPH>
                        <FP SOURCE="FP-2">
                            <E T="03">n</E>
                            <AC T="b"/>
                            <E T="52">ref</E>
                             = 19.619 mol/s
                        </FP>
                        <P>
                            <E T="03">Example 2:</E>
                        </P>
                        <FP SOURCE="FP-2">
                            <E T="03">
                                m
                                <AC T="b"/>
                            </E>
                            <E T="52">ref</E>
                             = 17.2683 kg/min = 287.805 g/s
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">M</E>
                            <E T="52">mix</E>
                             = 28.7805 g/mol
                        </FP>
                        <GPH SPAN="1" DEEP="26">
                            <GID>EP14JY26.066</GID>
                        </GPH>
                        <FP SOURCE="FP-2">
                            <E T="03">
                                n
                                <AC T="b"/>
                            </E>
                            <E T="52">ref</E>
                             = 10.0000 mol/s
                        </FP>
                        <STARS/>
                        <PRTPAGE P="43265"/>
                        <P>(c) * * *</P>
                        <P>(5) * * *</P>
                        <P>
                            (iv) For diluted exhaust and dilution air, you may assume the molar mass of the mixture, 
                            <E T="03">M</E>
                            <E T="52">mix</E>
                            , is a function only of the amount of water in the dilution air or calibration air, as follows:
                        </P>
                        <GPH SPAN="3" DEEP="38">
                            <GID>EP14JY26.067</GID>
                        </GPH>
                        <EXTRACT>
                            <FP SOURCE="FP-2">Where:</FP>
                            <FP SOURCE="FP-2">
                                <E T="03">M</E>
                                <E T="52">air</E>
                                 = molar mass of dry air.
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="8151">x</E>
                                <E T="52">H2O</E>
                                 = amount of H
                                <E T="52">2</E>
                                O in the dilution air or calibration air, determined as described in § 1065.645.
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="03">M</E>
                                <E T="52">H2O</E>
                                 = molar mass of water.
                            </FP>
                        </EXTRACT>
                        <FP SOURCE="FP-2">
                            <E T="03">Example:</E>
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">M</E>
                            <E T="52">air</E>
                             = 28.96623 g/mol
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="8151">x</E>
                            <E T="52">H2O</E>
                             = 0.0169 mol/mol
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">M</E>
                            <E T="52">H2O</E>
                             = 18.01528 g/mol
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">M</E>
                            <E T="52">mix</E>
                             = 28.96623 · (1-0.0169) + 18.01528 · 0.0169
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">M</E>
                            <E T="52">mix</E>
                             = 28.7812 g/mol
                        </FP>
                        <STARS/>
                        <P>(d) * * *</P>
                        <P>
                            (1) Calculate the Reynolds number, 
                            <E T="03">Re</E>
                            <E T="51">#</E>
                            , for each reference molar flow rate, 
                            <E T="03">
                                n
                                <AC T="b"/>
                            </E>
                            <E T="52">ref</E>
                            , using the throat diameter of the venturi, 
                            <E T="03">d</E>
                            <E T="52">t</E>
                            . Because the dynamic viscosity, µ, is needed to compute 
                            <E T="03">Re</E>
                            <E T="51">#</E>
                            , you may use your own fluid viscosity model to determine µ for your calibration gas (usually air), using good engineering judgment. Alternatively, you may use the Sutherland three-coefficient viscosity model to approximate µ, as shown in the following sample calculation for 
                            <E T="03">Re</E>
                            <E T="51">#</E>
                            :
                        </P>
                        <GPH SPAN="1" DEEP="56">
                            <GID>EP14JY26.068</GID>
                        </GPH>
                        <P>Where, using the Sutherland three-coefficient viscosity model as captured in Table 4 of this section:  </P>
                        <GPH SPAN="1" DEEP="63">
                              
                            <GID>EP14JY26.069</GID>
                        </GPH>
                          
                        <EXTRACT>
                            <FP SOURCE="FP-2">Where:</FP>
                            <FP SOURCE="FP-2">
                                µ
                                <E T="52">0</E>
                                 = Sutherland reference viscosity.
                            </FP>
                            <FP SOURCE="FP-2">
                                T
                                <E T="52">0</E>
                                 = Sutherland reference temperature.
                            </FP>
                            <FP SOURCE="FP-2">S = Sutherland constant.</FP>
                        </EXTRACT>
                        <GPOTABLE COLS="6" OPTS="L2,i1" CDEF="xs30,12,10,10,r50,10">
                            <TTITLE>Table 4 of § 1065.640—Sutherland Three-Coefficient Viscosity Model Parameters</TTITLE>
                            <BOXHD>
                                <CHED H="1">
                                    Gas 
                                    <SU>a</SU>
                                </CHED>
                                <CHED H="1">
                                    <E T="03">µ</E>
                                    <E T="0732">0</E>
                                </CHED>
                                <CHED H="2">kg/(m·s)</CHED>
                                <CHED H="1">
                                    <E T="03">T</E>
                                    <E T="0732">0</E>
                                </CHED>
                                <CHED H="2">K</CHED>
                                <CHED H="1">
                                    <E T="03">S</E>
                                </CHED>
                                <CHED H="2">K</CHED>
                                <CHED H="1">
                                    Temperature range
                                    <LI>
                                        within ±2% error 
                                        <SU>b</SU>
                                    </LI>
                                </CHED>
                                <CHED H="2">K</CHED>
                                <CHED H="1">
                                    Pressure limit 
                                    <SU>b</SU>
                                </CHED>
                                <CHED H="2">kPa</CHED>
                            </BOXHD>
                            <ROW>
                                <ENT I="01">Air</ENT>
                                <ENT>
                                    1.716·10
                                    <E T="51">− 5</E>
                                </ENT>
                                <ENT>273</ENT>
                                <ENT>111</ENT>
                                <ENT>170 to 1900</ENT>
                                <ENT>≤ 1800</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">
                                    CO
                                    <E T="0732">2</E>
                                </ENT>
                                <ENT>
                                    1.370·10
                                    <E T="51">− 5</E>
                                </ENT>
                                <ENT>273</ENT>
                                <ENT>222</ENT>
                                <ENT>190 to 1700</ENT>
                                <ENT>≤ 3600</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">
                                    H
                                    <E T="0732">2</E>
                                    O
                                </ENT>
                                <ENT>
                                    1.12·10
                                    <E T="51">− 5</E>
                                </ENT>
                                <ENT>350</ENT>
                                <ENT>1064</ENT>
                                <ENT>360 to 1500</ENT>
                                <ENT>≤ 10000</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">
                                    O
                                    <E T="52">2</E>
                                </ENT>
                                <ENT>
                                    1.919·10
                                    <E T="51">− 5</E>
                                </ENT>
                                <ENT>273</ENT>
                                <ENT>139</ENT>
                                <ENT>190 to 2000</ENT>
                                <ENT>≤ 2500</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">
                                    N
                                    <E T="0732">2</E>
                                </ENT>
                                <ENT>
                                    1.663·10
                                    <E T="51">− 5</E>
                                </ENT>
                                <ENT>273</ENT>
                                <ENT>107</ENT>
                                <ENT>100 to 1500</ENT>
                                <ENT>≤ 1600</ENT>
                            </ROW>
                            <TNOTE>
                                <SU>a</SU>
                                 Use tabulated parameters only for the pure gases, as listed. Do not combine parameters in calculations to calculate viscosities of gas mixtures.
                            </TNOTE>
                            <TNOTE>
                                <SU>b</SU>
                                 The model results are valid only for ambient conditions in the specified ranges.
                            </TNOTE>
                        </GPOTABLE>
                        <P>
                            <E T="03">Example:</E>
                        </P>
                        <FP SOURCE="FP-2">
                            <E T="03">µ</E>
                            <E T="52">0</E>
                             = 1.716·10
                            <E T="51">−5</E>
                             kg/(m·s)
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">T</E>
                            <E T="52">0</E>
                             = 273 K
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">S</E>
                             = 111 K
                        </FP>
                        <GPH SPAN="3" DEEP="34">
                            <GID>EP14JY26.070</GID>
                        </GPH>
                        <FP SOURCE="FP-2">
                            <E T="03">µ</E>
                             = 1.838·10
                            <E T="51">−5</E>
                             kg/(m·s)
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">M</E>
                            <E T="52">mix</E>
                             = 28.7812 g/mol = 0.0287812 kg/mol
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">n</E>
                            <AC T="b"/>
                            <E T="52">ref</E>
                             = 57.625 mol/s
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">d</E>
                            <E T="52">t</E>
                             = 152.4 mm = 0.1524 m
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">T</E>
                            <E T="52">in</E>
                             = 298.15 K
                        </FP>
                        <GPH SPAN="3" DEEP="26">
                            <GID>EP14JY26.071</GID>
                        </GPH>
                        <PRTPAGE P="43266"/>
                        <FP SOURCE="FP-2">
                            <E T="03">Re</E>
                             # = 7.538·10
                            <SU>5</SU>
                        </FP>
                        <STARS/>
                    </SECTION>
                    <AMDPAR>104. Amend § 1065.642 by revising paragraphs (b) and (c) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1065.642 </SECTNO>
                        <SUBJECT>PDP, SSV, and CFV molar flow rate calculations.</SUBJECT>
                        <STARS/>
                        <P>
                            (b) 
                            <E T="03">SSV molar flow rate.</E>
                             Calculate SSV molar flow rate, 
                            <E T="03">n</E>
                            <AC T="b"/>
                            , as follows:
                        </P>
                        <GPH SPAN="1" DEEP="59">
                            <GID>EP14JY26.072</GID>
                        </GPH>
                        <EXTRACT>
                            <FP SOURCE="FP-2">Where:</FP>
                            <FP SOURCE="FP-2">
                                <E T="03">C</E>
                                <E T="52">d</E>
                                 = discharge coefficient, as determined based on the 
                                <E T="03">C</E>
                                <E T="52">d</E>
                                 versus Re
                                <E T="51">#</E>
                                 equation in § 1065.640(d)(2).
                            </FP>
                            <FP SOURCE="FP-2">
                                C
                                <E T="52">f</E>
                                 = flow coefficient, as determined in § 1065.640(c)(3)(ii).
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="03">A</E>
                                <E T="52">t</E>
                                 = venturi throat cross-sectional area.
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="03">p</E>
                                <E T="52">in</E>
                                 = static absolute pressure at the venturi inlet.
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="03">Z</E>
                                 = compressibility factor.
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="03">M</E>
                                <E T="52">mix</E>
                                 = molar mass of gas mixture.
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="03">R</E>
                                 = molar gas constant.
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="03">T</E>
                                <E T="52">in</E>
                                 = absolute temperature at the venturi inlet.
                            </FP>
                        </EXTRACT>
                        <P>
                            <E T="03">Example:</E>
                        </P>
                        <FP SOURCE="FP-2">
                            <E T="03">A</E>
                            <E T="52">t</E>
                             = 0.01824 m
                            <SU>2</SU>
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">p</E>
                            <E T="52">in</E>
                             = 99.132 kPa = 99132 Pa = 99132 kg/(m·s
                            <SU>2</SU>
                            )
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">Z</E>
                             = 1
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">M</E>
                            <E T="52">mix</E>
                             = 28.7812 g/mol = 0.0287812 kg/mol
                        </FP>
                        <FP SOURCE="FP-2">
                            R = 8.314472 J/(mol·K) = 8.314472 (m
                            <SU>2</SU>
                            ·kg)/(s
                            <SU>2</SU>
                            ·mol·K)
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">T</E>
                            <E T="52">in</E>
                             = 298.15 K
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">Re</E>
                            <E T="51">#</E>
                             = 7.232·10
                            <SU>5</SU>
                        </FP>
                        <FP SOURCE="FP-2">γ = 1.399</FP>
                        <FP SOURCE="FP-2">
                            <E T="03">β</E>
                             = 0.8
                        </FP>
                        <FP SOURCE="FP-2">Δp = 2.312 kPa</FP>
                        <P>Using Eq. 1065.640-7:</P>
                        <FP SOURCE="FP-2">
                            <E T="03">r</E>
                            <E T="52">ssv</E>
                             = 0.997
                        </FP>
                        <P>Using Eq. 1065.640-6:</P>
                        <FP SOURCE="FP-2">
                            <E T="03">C</E>
                            <E T="52">f</E>
                             = 0.274
                        </FP>
                        <P>Using Eq. 1065.640-5:</P>
                        <FP SOURCE="FP-2">
                            <E T="03">C</E>
                            <E T="52">d</E>
                             = 0.990
                        </FP>
                        <GPH SPAN="3" DEEP="28">
                            <GID>EP14JY26.073</GID>
                        </GPH>
                        <P>
                            <E T="03">n</E>
                            <AC T="b"/>
                             = 58.067 mol/s
                        </P>
                        <P>
                            (c) 
                            <E T="03">CFV molar flow rate.</E>
                             If you use multiple venturis and you calibrate each venturi independently to determine a separate discharge coefficient, 
                            <E T="03">C</E>
                            <E T="52">d</E>
                             (or calibration coefficient, 
                            <E T="03">K</E>
                            <E T="52">v</E>
                            ), for each venturi, calculate the individual molar flow rates through each venturi and sum all their flow rates to determine CFV flow rate, 
                            <E T="03">n</E>
                            <AC T="b"/>
                            . If you use multiple venturis and you calibrated venturis in combination, calculate 
                            <E T="03">n</E>
                            <AC T="b"/>
                             using the sum of the active venturi throat areas as 
                            <E T="03">A</E>
                            <E T="52">t</E>
                            , the square root of the sum of the squares of the active venturi throat diameters as 
                            <E T="03">d</E>
                            <E T="52">t</E>
                            , and the ratio of the venturi throat to inlet diameters as the ratio of the square root of the sum of the active venturi throat diameters (
                            <E T="03">d</E>
                            <E T="52">t</E>
                            ) to the diameter of the common entrance to all the venturis (
                            <E T="03">D</E>
                            ).
                        </P>
                        <P>
                            (1) To calculate 
                            <E T="03">n</E>
                            <AC T="b"/>
                             through one venturi or one combination of venturis, use its respective mean 
                            <E T="03">C</E>
                            <E T="52">d</E>
                             and other constants you determined according to § 1065.640 and calculate 
                            <E T="03">n</E>
                            <AC T="b"/>
                             as follows:
                        </P>
                        <GPH SPAN="1" DEEP="59">
                            <GID>EP14JY26.074</GID>
                        </GPH>
                        <EXTRACT>
                            <FP SOURCE="FP-2">Where:</FP>
                            <FP SOURCE="FP-2">
                                <E T="03">C</E>
                                <E T="52">f</E>
                                 = flow coefficient, as determined in § 1065.640(c)(3).
                            </FP>
                        </EXTRACT>
                        <P>
                            <E T="03">Example:</E>
                        </P>
                        <FP SOURCE="FP-2">
                            <E T="03">C</E>
                            <E T="52">d</E>
                             = 0.985
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">C</E>
                            <E T="52">f</E>
                             = 0.7219
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">A</E>
                            <E T="52">t</E>
                             = 0.00456 m
                            <E T="51">2</E>
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">p</E>
                            <E T="52">in</E>
                             = 98.836 kPa = 98836 Pa = 98836 kg/(m·s
                            <SU>2</SU>
                            )
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">Z</E>
                             = 1
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">M</E>
                            <E T="52">mix</E>
                             = 28.7812 g/mol = 0.0287812 kg/mol
                        </FP>
                        <FP SOURCE="FP-2">
                            R = 8.314472 J/(mol·K) = 8.314472 (m
                            <E T="51">2</E>
                            ·kg)/(s
                            <E T="51">2</E>
                            ·mol·K)
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">T</E>
                            <E T="52">in</E>
                             = 378.15 K
                        </FP>
                        <GPH SPAN="3" DEEP="28">
                            <GID>EP14JY26.075</GID>
                        </GPH>
                        <FP SOURCE="FP-2">
                            <E T="03">n</E>
                            <AC T="b"/>
                             = 33.689 mol/s
                        </FP>
                        <P>
                            (2) To calculate the molar flow rate through one venturi or a combination of venturis, you may use its respective mean, 
                            <E T="03">K</E>
                            <E T="52">v</E>
                            , and other constants you determined according to § 1065.640 and calculate its molar flow rate 
                            <E T="03">n</E>
                            <AC T="b"/>
                             during an emission test. Note that if you follow the permissible ranges of dilution air dewpoint versus calibration air dewpoint in Table 3 of § 1065.640, you may set 
                            <E T="03">M</E>
                            <E T="52">mix-cal</E>
                             and 
                            <E T="03">M</E>
                            <E T="52">mix</E>
                             equal to 1. Calculate 
                            <E T="03">n</E>
                            <AC T="b"/>
                             as follows:
                        </P>
                        <GPH SPAN="1" DEEP="62">
                            <GID>EP14JY26.076</GID>
                        </GPH>
                        <FP SOURCE="FP-2">Where:</FP>
                        <GPH SPAN="1" DEEP="59">
                            <GID>EP14JY26.077</GID>
                        </GPH>
                        <FP SOURCE="FP-2">
                            <E T="03">V</E>
                            <AC T="b"/>
                            <E T="52">stdref</E>
                             = standard volume flow rate output by the CFV CVS flow meter at a standard pressure and standard temperature.
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">T</E>
                            <E T="52">in-cal</E>
                             = venturi inlet temperature during calibration.
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">P</E>
                            <E T="52">in-cal</E>
                             = venturi inlet pressure during calibration.
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">M</E>
                            <E T="52">mix-cal</E>
                             = molar mass of gas mixture used during calibration.
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">M</E>
                            <E T="52">mix</E>
                             = molar mass of gas mixture during the emission test calculated using Eq. 1065.640-9.
                        </FP>
                        <P>
                            <E T="03">Example:</E>
                        </P>
                        <FP SOURCE="FP-2">
                            <E T="03">V</E>
                            <AC T="b"/>
                            <E T="52">stdref</E>
                             = 0.4895 m
                            <E T="51">3</E>
                            /s
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">T</E>
                            <E T="52">in-cal</E>
                             = 302.52 K
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">P</E>
                            <E T="52">in-cal</E>
                             = 99.654 kPa = 99654 Pa = 99654 kg/(m·s
                            <E T="51">2</E>
                            )
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">p</E>
                            <E T="52">in</E>
                             = 98.836 kPa = 98836 Pa = 98836 kg/(m·s
                            <E T="51">2</E>
                            )
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">p</E>
                            <E T="52">std</E>
                             = 101.325 kPa = 101325 Pa = 101325 kg/(m·s
                            <E T="51">2</E>
                            )
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">M</E>
                            <E T="52">mix-cal</E>
                             = 28.9656 g/mol = 0.0289656 kg/mol
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">M</E>
                            <E T="52">mix</E>
                             = 28.7812 g/mol = 0.0287812 kg/mol
                        </FP>
                        <FP SOURCE="FP-2">
                            T
                            <E T="52">in</E>
                             = 353.15 K
                        </FP>
                        <FP SOURCE="FP-2">
                            T
                            <E T="52">std</E>
                             = 293.15 K
                        </FP>
                        <FP SOURCE="FP-2">
                            R = 8.314472 J/(mol·K) = 8.314472 (m
                            <E T="51">2</E>
                            ·kg)/(s
                            <E T="51">2</E>
                            ·mol·K)
                        </FP>
                        <GPH SPAN="3" DEEP="78">
                            <PRTPAGE P="43267"/>
                            <GID>EP14JY26.078</GID>
                        </GPH>
                        <FP SOURCE="FP-2">
                            <E T="03">n</E>
                            <AC T="b"/>
                             = 16.456 mol/s
                        </FP>
                    </SECTION>
                    <AMDPAR>105. Amend § 1065.643 by revising paragraph (b) introductory text to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1065.643 </SECTNO>
                        <SUBJECT>Carbon balance error verification calculations.</SUBJECT>
                        <STARS/>
                        <P>
                            (b) 
                            <E T="03">Intake air.</E>
                             Calculate the mass of carbon in the intake air, 
                            <E T="03">m</E>
                            <E T="52">Cair</E>
                            , for each test interval using one of the methods in this paragraph (b). The methods are listed in order of preference. Use the first method where all the inputs are available for your test configuration. For methods that calculate 
                            <E T="03">m</E>
                            <E T="52">Cair</E>
                             based on the amount of CO
                            <E T="52">2</E>
                             per mole of intake air, we recommend measuring intake air concentration, but you may calculate 
                            <E T="8151">x</E>
                            <E T="52">CO2int</E>
                             using Eq. 1065.655-10 and letting 
                            <E T="8151">x</E>
                            <E T="52">CO2intdry</E>
                             = 428 µmol/mol.
                        </P>
                        <STARS/>
                    </SECTION>
                    <AMDPAR>106. Amend § 1065.650 by revising paragraphs (d)(6) and (e)(2) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1065.650 </SECTNO>
                        <SUBJECT>Emission calculations.</SUBJECT>
                        <STARS/>
                        <P>(d) * * *</P>
                        <P>(6) Set all power values to zero during idle periods with a corresponding denormalized reference torque of 0 N·m.</P>
                        <STARS/>
                        <P>(e) * * *</P>
                        <P>
                            (2) To calculate an engine's mean steady-state total power, 
                            <E T="7503">P</E>
                            , add the mean steady-state power from all the work paths described in § 1065.210 that cross the system boundary including electrical power, mechanical shaft power, and fluid pumping power. For all work paths, except the engine's primary output shaft (crankshaft), the mean steady-state power over the test interval is the integration of the net work flow rate (power) out of the system boundary divided by the period of the test interval. When power flows into the system boundary, the power/work flow rate signal becomes negative; in this case, include these negative power/work rate values in the integration to calculate the mean power from that work path. Some work paths may result in a negative mean power. Include negative mean power values from any work path in the mean total power from the engine rather than setting these values to zero. The rest of this paragraph (e)(2) describes how to calculate the mean power from the engine's primary output shaft. Calculate 
                            <E T="7503">P</E>
                             using Eq. 1065.650-14, noting that 
                            <E T="7503">P</E>
                            , 
                            <E T="7503">f</E>
                            <E T="52">n</E>
                            , and 
                            <E T="7503">T</E>
                             refer to mean power, mean rotational shaft frequency, and mean torque from the primary output shaft. Account for the power of simulated accessories according to § 1065.110 (reducing the mean primary output shaft power or torque by the accessory power or torque). Set the power to zero during actual motoring operation (negative feedback torques), unless the engine was connected to one or more energy storage devices. Examples of such energy storage devices include hybrid powertrain batteries and hydraulic accumulators, like the ones denoted “Acc.” and “Batt.” as illustrated in Figure 1 of § 1065.210. Set the power to zero for modes with a zero reference load (0 N·m reference torque or 0 kW reference power). Include power during idle modes with simulated minimum torque or power.
                        </P>
                        <GPH SPAN="1" DEEP="41">
                            <GID>EP14JY26.079</GID>
                        </GPH>
                        <STARS/>
                    </SECTION>
                    <AMDPAR>107. Amend § 1065.655 by revising paragraphs (c)(3) and (e)(1)(i) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1065.655 </SECTNO>
                        <SUBJECT>Carbon-based chemical balances of fuel, DEF, intake air, and exhaust.</SUBJECT>
                        <STARS/>
                        <P>(c) * * *</P>
                        <P>(3) Use the following symbols and subscripts in the equations for performing the chemical balance calculations in this paragraph (c):</P>
                        <GPOTABLE COLS="2" OPTS="L2,nj,p1,8/9,i1" CDEF="s50,r200">
                            <TTITLE>Table 1 of § 1065.655—Symbols and Subscripts for Chemical Balance Equations</TTITLE>
                            <BOXHD>
                                <CHED H="1"> </CHED>
                                <CHED H="1"> </CHED>
                            </BOXHD>
                            <ROW>
                                <ENT I="01">
                                    <E T="8151">x</E>
                                    <E T="0732">dil/exh</E>
                                </ENT>
                                <ENT>amount of dilution gas or excess air per mole of exhaust.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">
                                    <E T="8151">x</E>
                                    <E T="0732">H2Oexh</E>
                                </ENT>
                                <ENT>
                                    amount of H
                                    <E T="0732">2</E>
                                    O in exhaust per mole of exhaust.
                                </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">
                                    <E T="8151">x</E>
                                    <E T="0732">Ccombdry</E>
                                </ENT>
                                <ENT>amount of carbon from fuel and any injected fluids in the exhaust per mole of dry exhaust.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">
                                    <E T="8151">x</E>
                                    <E T="0732">H2dry</E>
                                </ENT>
                                <ENT>
                                    amount of H
                                    <E T="0732">2</E>
                                     in exhaust per amount of dry exhaust.
                                </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">
                                    <E T="03">K</E>
                                    <E T="0732">H2Ogas</E>
                                </ENT>
                                <ENT>water-gas reaction equilibrium coefficient; you may use 3.5 or calculate your own value using good engineering judgment.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">
                                    <E T="8151">x</E>
                                    <E T="0732">H2Oexhdry</E>
                                </ENT>
                                <ENT>
                                    amount of H
                                    <E T="0732">2</E>
                                    O in exhaust per dry mole of dry exhaust.
                                </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">
                                    <E T="8151">x</E>
                                    <E T="0732">prod/intdry</E>
                                </ENT>
                                <ENT>amount of dry stoichiometric products per dry mole of intake air.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">
                                    <E T="8151">x</E>
                                    <E T="0732">dil/exhdry</E>
                                </ENT>
                                <ENT>amount of dilution gas and/or excess air per mole of dry exhaust.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">
                                    <E T="8151">x</E>
                                    <E T="0732">int/exhdry</E>
                                </ENT>
                                <ENT>amount of intake air required to produce actual combustion products per mole of dry (raw or diluted) exhaust.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">
                                    <E T="8151">x</E>
                                    <E T="0732">raw/exhdry</E>
                                </ENT>
                                <ENT>amount of undiluted exhaust, without excess air, per mole of dry (raw or diluted) exhaust.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">
                                    <E T="8151">x</E>
                                    <E T="0732">O2int</E>
                                </ENT>
                                <ENT>
                                    amount of intake air O
                                    <E T="0732">2</E>
                                     per mole of intake air.
                                </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">
                                    <E T="8151">x</E>
                                    <E T="0732">CO2intdry</E>
                                </ENT>
                                <ENT>
                                    amount of intake air CO
                                    <E T="0732">2</E>
                                     per mole of dry intake air; you may use 
                                    <E T="8151">x</E>
                                    <E T="0732">CO2intdry</E>
                                     = 428 µmol/mol, but we recommend measuring the actual concentration in the intake air.
                                </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">
                                    <E T="8151">x</E>
                                    <E T="0732">H2Ointdry</E>
                                </ENT>
                                <ENT>
                                    amount of intake air H
                                    <E T="0732">2</E>
                                    O per mole of dry intake air.
                                </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">
                                    <E T="8151">x</E>
                                    <E T="0732">CO2int</E>
                                </ENT>
                                <ENT>
                                    amount of intake air CO
                                    <E T="0732">2</E>
                                     per mole of intake air.
                                </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">
                                    <E T="8151">x</E>
                                    <E T="0732">CO2dil</E>
                                </ENT>
                                <ENT>
                                    amount of dilution gas CO
                                    <E T="0732">2</E>
                                     per mole of dilution gas.
                                </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">
                                    <E T="8151">x</E>
                                    <E T="0732">CO2dildry</E>
                                </ENT>
                                <ENT>
                                    amount of dilution gas CO
                                    <E T="0732">2</E>
                                     per mole of dry dilution gas; if you use air as diluent, you may use 
                                    <E T="8151">x</E>
                                    <E T="0732">CO2dildry</E>
                                     = 428 µmol/mol, but we recommend measuring the actual concentration in the intake air.
                                </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">
                                    <E T="8151">x</E>
                                    <E T="0732">H2Odildry</E>
                                </ENT>
                                <ENT>
                                    amount of dilution gas H
                                    <E T="0732">2</E>
                                    O per mole of dry dilution gas.
                                </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">
                                    <E T="8151">x</E>
                                    <E T="0732">H2Odil</E>
                                </ENT>
                                <ENT>
                                    amount of dilution gas H
                                    <E T="0732">2</E>
                                    O per mole of dilution gas.
                                </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">
                                    <E T="8151">x</E>
                                    <E T="0732">[emission]meas</E>
                                </ENT>
                                <ENT>amount of measured emission in the sample at the respective gas analyzer.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">
                                    <E T="8151">x</E>
                                    <E T="0732">[emission]dry</E>
                                </ENT>
                                <ENT>amount of emission per dry mole of dry sample.</ENT>
                            </ROW>
                            <ROW>
                                <PRTPAGE P="43268"/>
                                <ENT I="01">
                                    <E T="8151">x</E>
                                    <E T="0732">H2O[emission]meas</E>
                                </ENT>
                                <ENT>
                                    amount of H
                                    <E T="0732">2</E>
                                    O in sample at emission-detection location; measure or estimate these values according to § 1065.145(e)(2).
                                </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">
                                    <E T="8151">x</E>
                                    <E T="0732">H2Oint</E>
                                </ENT>
                                <ENT>
                                    amount of H
                                    <E T="0732">2</E>
                                    O in the intake air, based on a humidity measurement of intake air.
                                </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">α</ENT>
                                <ENT>atomic hydrogen-to-carbon ratio of the fuel (or mixture of test fuels) and any injected fluids.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">β</ENT>
                                <ENT>atomic oxygen-to-carbon ratio of the fuel (or mixture of test fuels) and any injected fluids.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">γ</ENT>
                                <ENT>atomic sulfur-to-carbon ratio of the fuel (or mixture of test fuels) and any injected fluids.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">δ</ENT>
                                <ENT>atomic nitrogen-to-carbon ratio of the fuel (or mixture of test fuels) and any injected fluids.</ENT>
                            </ROW>
                        </GPOTABLE>
                        <STARS/>
                        <P>(e) * * *</P>
                        <P>(1) * * *</P>
                        <P>(i) Determine the carbon and hydrogen mass fractions according to ASTM D5291 (incorporated by reference, see § 1065.1010). When using ASTM D5291 to determine carbon and hydrogen mass fractions of gasoline (with or without blended ethanol), use good engineering judgment to adapt the method as appropriate. This may include consulting with the instrument manufacturer on how to test high-volatility fuels. Allow the weight of volatile fuel samples to stabilize for 20 minutes before starting the analysis; if the weight still drifts after 20 minutes, prepare a new sample). Retest the sample if the carbon, hydrogen, oxygen, sulfur, and nitrogen mass fractions do not add up to a total mass of 100 ±0.5%; you may assume oxygen has a zero mass contribution for this specification for diesel fuel and neat (E0) gasoline. You may not normalize your mass fraction results to total 100%. You may also assume that sulfur and nitrogen have a zero mass contribution for this specification for all fuels except residual fuel blends.</P>
                        <STARS/>
                    </SECTION>
                    <AMDPAR>
                        108. Amend § 1065.656 by revising entries for “x
                        <E T="52">CO2intdry</E>
                        ” and “
                        <E T="52">xCO2dildry</E>
                        ” in Table 1 to paragraph (c)(3) to read as follows:
                    </AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1065.656 </SECTNO>
                        <SUBJECT>Hydrogen-based chemical balances of fuel, DEF, intake air, and exhaust.</SUBJECT>
                        <STARS/>
                        <P>(c) * * *</P>
                        <P>(3) * * *</P>
                        <GPOTABLE COLS="2" OPTS="L1,p1,8/9,i1" CDEF="s50,r200">
                            <TTITLE>
                                Table 1 to Paragraph (
                                <E T="01">c</E>
                                )(
                                <E T="01">3</E>
                                ) of § 1065.656—Symbols and Subscripts for Chemical Balance Equations
                            </TTITLE>
                            <BOXHD>
                                <CHED H="1"> </CHED>
                                <CHED H="1"> </CHED>
                            </BOXHD>
                            <ROW>
                                <ENT I="22"> </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="28">*         *         *         *         *         *         *</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">
                                    <E T="8151">x</E>
                                    <E T="0732">CO2intdry</E>
                                </ENT>
                                <ENT>
                                    amount of intake air CO
                                    <E T="0732">2</E>
                                     per mole of dry intake air; you may use 
                                    <E T="8151">x</E>
                                    <E T="0732">CO2intdry</E>
                                     = 428 µmol/mol, but we recommend measuring the actual concentration in the intake air.
                                </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="22"> </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="28">*         *         *         *         *         *         *</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">
                                    <E T="8151">x</E>
                                    <E T="0732">CO2dildry</E>
                                </ENT>
                                <ENT>
                                    Amount of dilution gas CO
                                    <E T="0732">2</E>
                                     per mole of dry dilution gas; if you use air as diluent, you may use 
                                    <E T="8151">x</E>
                                    <E T="0732">CO2dildry</E>
                                     = 428 µmol/mol, but we recommend measuring the actual concentration in the dilution gas.
                                </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="22"> </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="28">*         *         *         *         *         *         *</ENT>
                            </ROW>
                        </GPOTABLE>
                        <STARS/>
                    </SECTION>
                    <AMDPAR>109. Amend § 1065.672 by revising paragraph (d)(7) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1065.672 </SECTNO>
                        <SUBJECT>Drift correction.</SUBJECT>
                        <STARS/>
                        <P>(d) * * *</P>
                        <P>
                            (7) Usually the reference concentration of the zero gas, 
                            <E T="8151">x</E>
                            <E T="0732">refzero</E>
                            , is zero: 
                            <E T="8151">x</E>
                            <E T="52">refzero</E>
                             = 0 µmol/mol. However, in some cases you might know that 
                            <E T="8151">x</E>
                            <E T="52">refzero</E>
                             has a non-zero concentration. For example, if you zero a CO
                            <E T="0732">2</E>
                             analyzer using ambient air, you may use the default ambient air concentration of CO
                            <E T="52">2</E>
                            , which is 428 µmol/mol. In this case, 
                            <E T="8151">x</E>
                            <E T="52">refzero</E>
                             = 428 µmol/mol. Note that when you zero an analyzer using a non-zero 
                            <E T="8151">x</E>
                            <E T="52">refzero</E>
                            , you must set the analyzer to output the actual 
                            <E T="8151">x</E>
                            <E T="52">refzero</E>
                             concentration. For example, if 
                            <E T="8151">x</E>
                            <E T="52">refzero</E>
                             = 428 µmol/mol, set the analyzer to output a value of 428 µmol/mol when the zero gas is flowing to the analyzer.
                        </P>
                    </SECTION>
                    <AMDPAR>110. Amend § 1065.695 by revising paragraphs (a), (c)(1) introductory text, and (c)(11)(ii) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1065.695 </SECTNO>
                        <SUBJECT>Data requirements.</SUBJECT>
                        <P>(a) To determine the information we require from engine tests, refer to the standard-setting part and request from your EPA Program Officer the format used to apply for certification or demonstrate compliance. We may require different information for different purposes, such as for certification applications, approval requests for alternative procedures, selective enforcement audits, laboratory audits, production-line test reports, and field-test reports.</P>
                        <STARS/>
                        <P>(c) * * *</P>
                        <P>(1) What approved alternative procedures did you use? For example:</P>
                        <STARS/>
                        <P>(11) * * *</P>
                        <P>(ii) Alternative fuel.</P>
                        <STARS/>
                    </SECTION>
                    <AMDPAR>111. Amend § 1065.701 by revising paragraphs (b) and (f) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1065.701 </SECTNO>
                        <SUBJECT>General requirements for test fuels.</SUBJECT>
                        <STARS/>
                        <P>
                            (b) 
                            <E T="03">Fuels meeting alternative specifications</E>
                            . We may allow you to use a different test fuel (such as California LEV III gasoline) if it does not affect your ability to show that your engines would comply with all applicable emission standards in this chapter using the test fuel specified in this subpart.
                        </P>
                        <STARS/>
                        <P>
                            (f) 
                            <E T="03">Service accumulation and field testing fuels</E>
                            . If we do not specify a service-accumulation or field-testing fuel in the standard-setting part, use an appropriate commercially available fuel such as those meeting minimum specifications from the following table:
                            <PRTPAGE P="43269"/>
                        </P>
                        <GPOTABLE COLS="3" OPTS="L2,nj,i1" CDEF="s100,r100,r75">
                            <TTITLE>Table 1 of § 1065.701—Examples of Service-Accumulation and Field-Testing Fuels</TTITLE>
                            <BOXHD>
                                <CHED H="1">Fuel category</CHED>
                                <CHED H="1">Subcategory</CHED>
                                <CHED H="1">Reference procedure</CHED>
                            </BOXHD>
                            <ROW>
                                <ENT I="01">Diesel</ENT>
                                <ENT>Light distillate and light blends with residual</ENT>
                                <ENT>ASTM D975.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="22"> </ENT>
                                <ENT>Middle distillate</ENT>
                                <ENT>ASTM D6985.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="22"> </ENT>
                                <ENT>Biodiesel (B100)</ENT>
                                <ENT>ASTM D6751.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Intermediate and residual fuel</ENT>
                                <ENT>All</ENT>
                                <ENT>See § 1065.705.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Gasoline</ENT>
                                <ENT>Automotive gasoline</ENT>
                                <ENT>ASTM D4814.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="22"> </ENT>
                                <ENT>Automotive gasoline with ethanol concentration up to 10 volume %</ENT>
                                <ENT>ASTM D4814.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Alcohol</ENT>
                                <ENT>Ethanol (E51-83)</ENT>
                                <ENT>ASTM D5798.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="22"> </ENT>
                                <ENT>Methanol (M70-M85)</ENT>
                                <ENT>ASTM D5797.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Aviation fuel</ENT>
                                <ENT>Aviation gasoline</ENT>
                                <ENT>ASTM D910.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="22"> </ENT>
                                <ENT>Gas turbine</ENT>
                                <ENT>ASTM D1655.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="22"> </ENT>
                                <ENT>Jet B wide cut</ENT>
                                <ENT>ASTM D6615.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Gas turbine fuel</ENT>
                                <ENT>General</ENT>
                                <ENT>ASTM D2880.</ENT>
                            </ROW>
                        </GPOTABLE>
                        <STARS/>
                    </SECTION>
                    <AMDPAR>112. Amend § 1065.715 by revising paragraph (b)(2) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1065.715 </SECTNO>
                        <SUBJECT>Natural gas.</SUBJECT>
                        <STARS/>
                        <P>(b) * * *</P>
                        <P>(2) You may use fuel meeting alternative specifications if the standard-setting part allows it.</P>
                        <STARS/>
                    </SECTION>
                    <AMDPAR>113. Amend § 1065.720 by revising paragraph (b)(2) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1065.720 </SECTNO>
                        <SUBJECT>Liquefied petroleum gas.</SUBJECT>
                        <STARS/>
                        <P>(b) * * *</P>
                        <P>(2) You may use fuel meeting alternative specifications if the standard-setting part allows it.</P>
                        <STARS/>
                    </SECTION>
                    <AMDPAR>114. Amend § 1065.750 by revising paragraph (a)(6) introductory text to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1065.750 </SECTNO>
                        <SUBJECT>Analytical gases.</SUBJECT>
                        <STARS/>
                        <P>(a) * * *</P>
                        <P>
                            (6) If you measure H
                            <E T="52">2</E>
                            O using an FTIR or laser infrared analyzer, generate H
                            <E T="52">2</E>
                            O calibration gases with a humidity generator using one of the options in this paragraph (a)(6). Use good engineering judgment to prevent condensation in the transfer lines, fittings, or valves from the humidity generator to the analyzer. Design your system so the wall temperatures in the transfer lines, fittings, and valves from the point where the mole fraction of H
                            <E T="52">2</E>
                            O in the humidified calibration gas, 
                            <E T="03">x</E>
                            <E T="52">H2Oref</E>
                            , is measured to the analyzer are at a temperature of (110 to 202) °C. Calibrate the humidity generator upon initial installation, within 370 days before verifying the H2O measurement of the analyzer, and after major maintenance. Use the uncertainties from the calibration of the humidity generator's measurements and follow NIST Technical Note 1297 (incorporated by reference, see § 1065.1010) to verify that the amount of H
                            <E T="52">2</E>
                            O in the calibration gas, 
                            <E T="03">x</E>
                            <E T="52">H2Oref</E>
                            , is determined within ±3% uncertainty, 
                            <E T="03">U</E>
                            <E T="52">xH2O</E>
                            . If the humidity generator requires assembly before use, after assembly follow the instrument manufacturer's instructions to check for leaks. You may generate the H
                            <E T="52">2</E>
                            O calibration gas using one of the following options:
                        </P>
                        <STARS/>
                    </SECTION>
                    <AMDPAR>157. Amend § 1065.920 by revising paragraph (b)(6)(ii) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1065.920 </SECTNO>
                        <SUBJECT>PEMS calibrations and verifications.</SUBJECT>
                        <STARS/>
                        <P>(b) * * *</P>
                        <P>(6) * * *</P>
                        <P>
                            (ii) The entire set of test-interval results passes the 95% confidence alternative-procedure statistics for field testing (
                            <E T="03">t</E>
                            -test and 
                            <E T="03">F</E>
                            -test) specified in § 1065.12.
                        </P>
                    </SECTION>
                    <AMDPAR>116. Amend § 1065.935 by revising paragraphs (c), (d)(2), and (g)(4)(ii) and (5) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1065.935 </SECTNO>
                        <SUBJECT>Emission test sequence for field testing.</SUBJECT>
                        <STARS/>
                        <P>(c) Start testing as follows:</P>
                        <P>(1) If the engine is already running and warmed up and starting is not part of field testing, start the field test by simultaneously starting to sample exhaust, record engine and ambient data, and integrate measured values using a PEMS.</P>
                        <P>(2) If engine starting is part of field testing, start field testing by simultaneously starting to sample from the exhaust system, record engine and ambient data, and integrate measured values using a PEMS. Then start the engine.</P>
                        <P>(d) * * *</P>
                        <P>(2) Between each test interval, reset batch storage media as needed.</P>
                        <STARS/>
                        <P>(g) * * *</P>
                        <P>(4) * * *</P>
                        <P>(ii) Invalidate any data that does not meet the drift criterion in § 1065.550. For HC, invalidate any data if the difference between the uncorrected and the corrected brake-specific HC emission values are not within ±10% of the uncorrected results or the applicable standard, whichever is greater.</P>
                        <P>(5) Verify PEMS gas analyzers used to determine bin emission values as follows:</P>
                        <P>
                            (i) For analyzer outputs exceeding 100% of the selected gas analyzer range, calculate emission results using the reported value. Invalidate data if more than 1% of recorded 1 Hz data used to determine bin emission values exceeds 100% of the selected gas analyzer range. For NO
                            <E T="52">X</E>
                             or CO
                            <E T="52">2</E>
                            , invalidate data from the entire shift-day for all pollutants, and retest the engine. For other pollutants, invalidate data from the entire shift-day, but only for the affected gas analyzer. Retest the engine if the standard-setting part requires it.
                        </P>
                        <P>
                            (ii) Verify drift for CO and HC as described in § 1065.550(b)(3)(i)(A) and verify drift for CO
                            <E T="52">2</E>
                             as described in § 1065.550(b)(3)(ii)(A). Verify drift for CO, CO
                            <E T="52">2</E>
                            , and HC bin testing based on the interval between analyzer verifications. For CO and CO
                            <E T="52">2</E>
                            , invalidate data for periods in which the respective analyzer does not meet the drift criterion in § 1065.550. For HC, invalidate data if the difference between the uncorrected and the corrected HC emission values are not within ±10% of the uncorrected results or the applicable standard, whichever is greater.
                        </P>
                        <P>
                            (iii) For PEMS NO
                            <E T="52">X</E>
                             analyzers used to determine bin emission values, do not apply the drift verification criteria specified in § 1065.550. Invalidate data for all pollutants over the entire shift-day if the NO
                            <E T="52">X</E>
                             analyzer does not meet the following drift limits:
                        </P>
                        <P>
                            (A) The allowable analyzer zero-drift between successive zero verifications is 
                            <PRTPAGE P="43270"/>
                            ±2.5 ppm. The analyzer zero-drift limit over the shift-day is ±10 ppm.
                        </P>
                        <P>(B) The allowable analyzer span-drift limit between successive span verifications is ±4% of the measured span gas value preceding the interval.</P>
                        <STARS/>
                    </SECTION>
                    <AMDPAR>117. Amend § 1065.940 by revising paragraph (a) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1065.940</SECTNO>
                        <SUBJECT>Emission calculations.</SUBJECT>
                        <P>(a) Perform emission calculations as described in § 1065.650 to calculate emissions for each test interval using any applicable information and instructions in the standard-setting part.</P>
                        <STARS/>
                    </SECTION>
                    <AMDPAR>118. Amend § 1065.1001 by:</AMDPAR>
                    <AMDPAR>a. Removing the definition of “Alternate procedures”;</AMDPAR>
                    <AMDPAR>b. Adding the definitions of “Alternative procedures” and “Gas analyzer range” in alphabetical order; and</AMDPAR>
                    <AMDPAR>c. Revising the definitions of “Oxygenated fuels” and “Span”.</AMDPAR>
                    <P>The additions and revisions read as follows:</P>
                    <SECTION>
                        <SECTNO>§ 1065.1001</SECTNO>
                        <SUBJECT>Definitions.</SUBJECT>
                        <STARS/>
                        <P>
                            <E T="03">Alternative procedures</E>
                             means procedures allowed under § 1065.10(c)(7).
                        </P>
                        <STARS/>
                        <P>
                            <E T="03">Gas analyzer range</E>
                             means the lesser of the following values:
                        </P>
                        <P>(1) 103% of the highest point on the linearity verification.</P>
                        <P>(2) Span gas value divided by 0.75.</P>
                        <STARS/>
                        <P>
                            <E T="03">Oxygenated fuels</E>
                             means fuels composed of at least 25% oxygen-containing compounds by volume, such as ethanol or methanol. Testing engines that use oxygenated fuels generally requires the use of the sampling methods in subpart I of this part. However, you should read the standard-setting part and subpart I of this part to determine appropriate sampling methods.
                        </P>
                        <STARS/>
                        <P>
                            <E T="03">Span</E>
                             means to adjust an instrument so that it gives a proper response to a calibration standard that represents between 75% and 100% of the range of the instrument or expected range of use.
                        </P>
                        <STARS/>
                    </SECTION>
                    <AMDPAR>119. Amend § 1065.1005 by revising the entry for “test,alt” in Table 5 in paragraph (e) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1065.1005</SECTNO>
                        <SUBJECT>Symbols, abbreviations, acronyms, and units of measure.</SUBJECT>
                        <STARS/>
                        <P>(e) * * *</P>
                        <GPOTABLE COLS="2" OPTS="L1,i1" CDEF="s100,r100">
                            <TTITLE>Table 5 of § 1065.1005—Subscripts</TTITLE>
                            <BOXHD>
                                <CHED H="1">Subscript</CHED>
                                <CHED H="1">Meaning</CHED>
                            </BOXHD>
                            <ROW>
                                <ENT I="22"> </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="28">*         *         *         *         *         *         *         </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">test,alt</ENT>
                                <ENT>alternative test quantity.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="22"> </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="28">*         *         *         *         *         *         *         </ENT>
                            </ROW>
                        </GPOTABLE>
                        <STARS/>
                    </SECTION>
                    <AMDPAR>120. Amend § 1065.1010 by revising paragraphs (a) and (b) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1065.1010 </SECTNO>
                        <SUBJECT>Incorporation by reference.</SUBJECT>
                        <P>
                            Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that specified in this section, EPA must publish a document in the 
                            <E T="04">Federal Register</E>
                             and the material must be available to the public. All approved incorporation by reference (IBR) material is available for inspection at EPA and at the National Archives and Records Administration (NARA). Contact EPA at: U.S. EPA, Air and Radiation Docket Center, WJC West Building, Room 3334, 1301 Constitution Ave. NW, Washington, DC 20004; 
                            <E T="03">www.epa.gov/dockets;</E>
                             (202) 202-1744. For information on inspecting this material at NARA, visit 
                            <E T="03">www.archives.gov/federal-register/cfr/ibr-locations</E>
                             or email 
                            <E T="03">fr.inspection@nara.gov.</E>
                             The material may be obtained from the following sources:
                        </P>
                        <P>
                            (a) 
                            <E T="03">ASTM International (ASTM).</E>
                             ASTM International, 100 Barr Harbor Dr., P.O. Box C700, West Conshohocken, PA 19428-2959; (610) 832-9585; 
                            <E T="03">www.astm.org.</E>
                        </P>
                        <P>(1) ASTM D86-23ae2, Standard Test Method for Distillation of Petroleum Products and Liquid Fuels at Atmospheric Pressure, approved December 1, 2023 (ASTM D86); IBR approved for §§ 1065.703(b); 1065.710(b) and (c).</P>
                        <P>(2) ASTM D93-26, Standard Test Methods for Flash Point by Pensky-Martens Closed Cup Tester, approved March 1, 2026 (ASTM D93); IBR approved for § 1065.703(b).</P>
                        <P>(3) ASTM D130-26, Standard Test Method for Corrosiveness to Copper from Petroleum Products by Copper Strip Test, approved March 1, 2026 (ASTM D130); IBR approved for § 1065.710(b).</P>
                        <P>(4) ASTM D381-25, Standard Test Method for Gum Content in Fuels by Jet Evaporation, approved April 1, 2025 (ASTM D381); IBR approved for § 1065.710(b).</P>
                        <P>(5) ASTM D445-24, Standard Test Method for Kinematic Viscosity of Transparent and Opaque Liquids (and Calculation of Dynamic Viscosity); approved April 1, 2024 (ASTM D445); IBR approved for § 1065.703(b).</P>
                        <P>(6) ASTM D525-12a (Reapproved 2025), Standard Test Method for Oxidation Stability of Gasoline (Induction Period Method); approved December 1, 2025 (ASTM D525); IBR approved for § 1065.710(b).</P>
                        <P>(7) ASTM D613-25a, Standard Test Method for Cetane Number of Diesel Fuel Oil, approved November 1, 2025 (ASTM D613); IBR approved for § 1065.703(b).</P>
                        <P>(8) ASTM D1267-23, Standard Test Method for Gage Vapor Pressure of Liquefied Petroleum (LP) Gases (LP-Gas Method), approved March 1, 2023 (ASTM D1267); IBR approved for § 1065.720(a).</P>
                        <P>(9) ASTM D1319-20a, Standard Test Method for Hydrocarbon Types in Liquid Petroleum Products by Fluorescent Indicator Adsorption, approved August 1, 2020 (ASTM D1319); IBR approved for § 1065.710(c).</P>
                        <P>(10) ASTM D1838-21, Standard Test Method for Copper Strip Corrosion by Liquefied Petroleum (LP) Gases, approved July 1, 2021 (ASTM D1838); IBR approved for § 1065.720(a).</P>
                        <P>(11) ASTM D1945-25, Standard Test Method for Analysis of Natural Gas by Gas Chromatography, approved August 1, 2025 (ASTM D1945); IBR approved for § 1065.715(a).</P>
                        <P>
                            (12) ASTM D2158-21, Standard Test Method for Residues in Liquefied 
                            <PRTPAGE P="43271"/>
                            Petroleum (LP) Gases, approved July 1, 2021 (ASTM D2158); IBR approved for § 1065.720(a).
                        </P>
                        <P>(13) ASTM D2163-23e1, Standard Test Method for Determination of Hydrocarbons in Liquefied Petroleum (LP) Gases and Propane/Propene Mixtures by Gas Chromatography, approved March 1, 2023 (ASTM D2163); IBR approved for § 1065.720(a).</P>
                        <P>(14) ASTM D2598-21, Standard Practice for Calculation of Certain Physical Properties of Liquefied Petroleum (LP) Gases from Compositional Analysis, approved April 1, 2021 (ASTM D2598); IBR approved for § 1065.720(a).</P>
                        <P>(15) ASTM D2622-24, Standard Test Method for Sulfur in Petroleum Products by Wavelength Dispersive X-ray Fluorescence Spectrometry, approved July 1, 2024 (ASTM D2622); IBR approved for §§ 1065.703(b); 1065.710(b) and (c).</P>
                        <P>(16) ASTM D2699-25, Standard Test Method for Research Octane Number of Spark-Ignition Engine Fuel, approved November 1, 2025 (ASTM D2699); IBR approved for § 1065.710(b).</P>
                        <P>(17) ASTM D2700-26, Standard Test Method for Motor Octane Number of Spark-Ignition Engine Fuel, approved May 1, 2026 (ASTM D2700); IBR approved for § 1065.710(b).</P>
                        <P>(18) ASTM D2713-24, Standard Test Method for Dryness of Propane (Valve Freeze Method), approved October 1, 2024 (ASTM D2713); IBR approved for § 1065.720(a).</P>
                        <P>(19) ASTM D2986-95a (Reapproved 1999), Standard Practice for Evaluation of Air Assay Media by the Monodisperse DOP (Dioctyl Phthalate) Smoke Test, approved September 10, 1995 (ASTM D2986); IBR approved for § 1065.170(c). (Note: This standard was withdrawn by ASTM.)</P>
                        <P>(20) ASTM D3231-25, Standard Test Method for Phosphorus in Gasoline, approved March 1, 2024 (ASTM D3231); IBR approved for § 1065.710(b) and (c).</P>
                        <P>(21) ASTM D3237-22, Standard Test Method for Lead in Gasoline By Atomic Absorption Spectroscopy, approved May 1, 2025 (ASTM D3237); IBR approved for § 1065.710(b) and (c).</P>
                        <P>(22) ASTM D4052-22, Standard Test Method for Density, Relative Density, and API Gravity of Liquids by Digital Density Meter, approved May 1, 2022 (ASTM D4052); IBR approved for § 1065.703(b).</P>
                        <P>(23) ASTM D4629-24, Standard Test Method for Trace Nitrogen in Liquid Petroleum Hydrocarbons by Syringe/Inlet Oxidative Combustion and Chemiluminescence Detection, approved October 1, 2024 (ASTM D4629); IBR approved for § 1065.655(e).</P>
                        <P>(24) ASTM D4815-22, Standard Test Method for Determination of MTBE, ETBE, TAME, DIPE, tertiary-Amyl Alcohol and C1 to C4 Alcohols in Gasoline by Gas Chromatography, approved April 1, 2022 (ASTM D4815); IBR approved for § 1065.710(b).</P>
                        <P>(25) ASTM D5186-24, Standard Test Method for Determination of the Aromatic Content and Polynuclear Aromatic Content of Diesel Fuels By Supercritical Fluid Chromatography, approved July 1, 2024 (ASTM D5186); IBR approved for § 1065.703(b).</P>
                        <P>(26) ASTM D5191-22, Standard Test Method for Vapor Pressure of Petroleum Products and Liquid Fuels (Mini Method), approved July 1, 2022 (ASTM D5191); IBR approved for § 1065.710(b) and (c).</P>
                        <P>(27) ASTM D5291-26, Standard Test Methods for Instrumental Determination of Carbon, Hydrogen, and Nitrogen in Petroleum Products and Lubricants, approved March 1, 2026 (ASTM D5291); IBR approved for § 1065.655(e).</P>
                        <P>(28) ASTM D5453-25, Standard Test Method for Determination of Total Sulfur in Light Hydrocarbons, Spark Ignition Engine Fuel, Diesel Engine Fuel, and Engine Oil by Ultraviolet Fluorescence, approved July 1, 2025 (ASTM D5453); IBR approved for §§ 1065.703(b); 1065.710(b).</P>
                        <P>(29) ASTM D5599-22, Standard Test Method for Determination of Oxygenates in Gasoline by Gas Chromatography and Oxygen Selective Flame Ionization Detection, approved April 1, 2022 (ASTM D5599); IBR approved for §§ 1065.655(e); 1065.710(b).</P>
                        <P>(30) ASTM D5762-24 Standard Test Method for Nitrogen in Petroleum and Petroleum Products by Boat-Inlet Chemiluminescence, approved July 1, 2024 (ASTM D5762); IBR approved for § 1065.655(e).</P>
                        <P>(31) ASTM D5769-25, Standard Test Method for Determination of Benzene, Toluene, and Total Aromatics in Finished Gasolines by Gas Chromatography/Mass Spectrometry, approved October 1, 2025 (ASTM D5769); IBR approved for § 1065.710(b).</P>
                        <P>(32) ASTM D6348-12 (Reapproved 2020), Standard Test Method for Determination of Gaseous Compounds by Extractive Direct Interface Fourier Transform Infrared (FTIR) Spectroscopy, approved December 1, 2020 (ASTM D6348); IBR approved for §§ 1065.257(b); 1065.266(c); 1065.275(b); 1065.277(b).</P>
                        <P>(33) ASTM D6550-25, Standard Test Method for Determination of Olefin Content of Gasolines by Supercritical-Fluid Chromatography, approved October 1, 2025 (ASTM D6550); IBR approved for § 1065.710(b).</P>
                        <P>(34) ASTM D6667-21, Standard Test Method for Determination of Total Volatile Sulfur in Gaseous Hydrocarbons and Liquefied Petroleum Gases by Ultraviolet Fluorescence, approved April 1, 2021 (ASTM D6667); IBR approved for § 1065.720(a).</P>
                        <P>(35) ASTM D7039-24, Standard Test Method for Sulfur in Gasoline, Diesel Fuel, Jet Fuel, Kerosine, Biodiesel, Biodiesel Blends, and Gasoline-Ethanol Blends by Monochromatic Wavelength Dispersive X-ray Fluorescence Spectrometry, approved December 1, 2024 (ASTM D7039); IBR approved for §§ 1065.703(b); 1065.710(b).</P>
                        <P>(36) ASTM E178-21, Standard Practice for Dealing With Outlying Observations, approved June 1, 2021 (ASTM E178); IBR approved for § 1065.1121(d).</P>
                        <P>(37) ASTM F1471-09, Standard Test Method for Air Cleaning Performance of a High-Efficiency Particulate Air Filter System, approved March 1, 2009 (ASTM F1471); IBR approved for § 1065.1001. (Note: This standard was withdrawn by ASTM.)</P>
                        <P>
                            (b) 
                            <E T="03">California Air Resources Board.</E>
                             California Air Resources Board, Southern California Headquarters—Mary D. Nichols Campus, 4001 Iowa Avenue, Riverside, CA 92507; (800) 242-4450; 
                            <E T="03">www.arb.ca.gov.</E>
                        </P>
                        <P>(1) California Non-Methane Organic Gas Test Procedures, Amended July 30, 2002, Mobile Source Division, California Air Resources Board; IBR approved for § 1065.805(f).</P>
                        <P>(2) [Reserved]</P>
                        <STARS/>
                    </SECTION>
                    <AMDPAR>121. Add § 1065.1102 to subpart L before the center header “Semi-Volatile Organic Compounds” to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1065.1102 </SECTNO>
                        <SUBJECT>Calibrations and verifications.</SUBJECT>
                        <P>
                            (a) 
                            <E T="03">Subsystem calibrations and verifications.</E>
                             Use all the applicable calibrations and verifications in subpart D of this part, including the linearity verifications in § 1065.307, to calibrate and verify each measurement system listed in Table 1 of this section, for the procedures in this subpart L. This section does not apply to systems used to gather data to inform accelerated aftertreatment aging processes.
                        </P>
                        <P>
                            (b) 
                            <E T="03">Performance criteria for measurement systems.</E>
                             Table 1 follows:
                            <PRTPAGE P="43272"/>
                        </P>
                        <GPOTABLE COLS="5" OPTS="L2,i1" CDEF="s40,r50,r50,r40,r30">
                            <TTITLE>Table 1 of § 1065.1102—Subpart L Measurement Systems That Require Linearity Verification</TTITLE>
                            <BOXHD>
                                <CHED H="1">Measurement system</CHED>
                                <CHED H="1">Applicable section</CHED>
                                <CHED H="1">Recommended method</CHED>
                                <CHED H="1">Use</CHED>
                                <CHED H="1">Linearity criteria</CHED>
                            </BOXHD>
                            <ROW EXPSTB="04" RUL="s">
                                <ENT I="21">
                                    <E T="02">Vanadium Sublimation</E>
                                </ENT>
                            </ROW>
                            <ROW EXPSTB="00">
                                <ENT I="01">Catalyst inlet gas temperature</ENT>
                                <ENT>§ 1065.1117(b)</ENT>
                                <ENT>Thermocouple</ENT>
                                <ENT>Catalyst aging temperature</ENT>
                                <ENT>
                                    (
                                    <SU>a</SU>
                                    )
                                </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Catalyst bed temperature</ENT>
                                <ENT>§ 1065.1117(b)</ENT>
                                <ENT>Thermocouple</ENT>
                                <ENT>Catalyst aging temperature</ENT>
                                <ENT>
                                    (
                                    <SU>a</SU>
                                    )
                                </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Individual gas flow rates</ENT>
                                <ENT>§ 1065.1117(a)(1)</ENT>
                                <ENT>Mass flow meter</ENT>
                                <ENT>Control of inlet gas mixture</ENT>
                                <ENT>
                                    (
                                    <SU>a</SU>
                                    )
                                </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Total flow rate</ENT>
                                <ENT>§ 1065.1117(a)(2)</ENT>
                                <ENT>Mass flow meter</ENT>
                                <ENT>Verification of catalyst space velocity</ENT>
                                <ENT>±5% of target.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Gas analyzer performance</ENT>
                                <ENT>§ 1065.1117(a)(2)</ENT>
                                <ENT>Gas analytical system</ENT>
                                <ENT>Verification of inlet conditions</ENT>
                                <ENT>
                                    (
                                    <SU>a</SU>
                                    )
                                </ENT>
                            </ROW>
                            <ROW RUL="s">
                                <ENT I="01">Sample weights</ENT>
                                <ENT>§ 1065.1121(a)(1)</ENT>
                                <ENT>Balance</ENT>
                                <ENT>ICP sample mass determination</ENT>
                                <ENT>
                                    (
                                    <SU>a</SU>
                                    )
                                </ENT>
                            </ROW>
                            <ROW EXPSTB="04" RUL="s">
                                <ENT I="21">
                                    <E T="02">Thermal Reactivity Coefficient Gas Stand</E>
                                </ENT>
                            </ROW>
                            <ROW EXPSTB="00">
                                <ENT I="01">Catalyst inlet gas temperature</ENT>
                                <ENT>§ 1065.1137(c)(2)</ENT>
                                <ENT>Thermocouple</ENT>
                                <ENT>Catalyst aging temperature</ENT>
                                <ENT>
                                    (
                                    <SU>a</SU>
                                    )
                                </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Catalyst bed temperature</ENT>
                                <ENT>§ 1065.1137(c)(2)</ENT>
                                <ENT>Thermocouple</ENT>
                                <ENT>Catalyst aging temperature</ENT>
                                <ENT>
                                    (
                                    <SU>a</SU>
                                    )
                                </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Individual gas flow rates</ENT>
                                <ENT>§ 1065.1137(c)(2)</ENT>
                                <ENT>Mass flow meter</ENT>
                                <ENT>Control of inlet gas mixture</ENT>
                                <ENT>
                                    (
                                    <SU>a</SU>
                                    )
                                </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Total flow rate</ENT>
                                <ENT>§ 1065.1137(c)(2)</ENT>
                                <ENT>Mass flow meter</ENT>
                                <ENT>Verification of catalyst space velocity</ENT>
                                <ENT>±5% of target.</ENT>
                            </ROW>
                            <ROW RUL="s">
                                <ENT I="01">Gas analyzer performance</ENT>
                                <ENT>§ 1065.1137(c)(2)</ENT>
                                <ENT>Gas analytical system</ENT>
                                <ENT>Verification of inlet conditions</ENT>
                                <ENT>
                                    (
                                    <SU>a</SU>
                                    )
                                </ENT>
                            </ROW>
                            <ROW EXPSTB="04" RUL="s">
                                <ENT I="21">
                                    <E T="02">Engine-Based Aging Stand</E>
                                </ENT>
                            </ROW>
                            <ROW EXPSTB="00">
                                <ENT I="01">Exhaust flow rate to aftertreatment</ENT>
                                <ENT>
                                    § 1065.1141
                                    <LI O="xl">§ 1065.1145(a)(1)(i)</LI>
                                </ENT>
                                <ENT>Air flow + fuel flow</ENT>
                                <ENT>Initial Cycle Development</ENT>
                                <ENT>
                                    (
                                    <SU>a</SU>
                                    )
                                </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="22"> </ENT>
                                <ENT>
                                    § 1065.1141
                                    <LI O="xl">§ 1065.1145(a)(1)</LI>
                                </ENT>
                                <ENT>Direct measurement</ENT>
                                <ENT>Initial Cycle Development</ENT>
                                <ENT>
                                    (
                                    <SU>a</SU>
                                    )
                                </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Bulk Oil Consumption</ENT>
                                <ENT>
                                    § 1065.1141(f)
                                    <LI O="xl">§ 1065.1145(a)(1)(i)</LI>
                                    <LI O="xl">§ 1065.1145(e)(2)</LI>
                                </ENT>
                                <ENT>Good engineering judgement</ENT>
                                <ENT>Initial Cycle Development and Cycle Validation</ENT>
                                <ENT>
                                    (
                                    <SU>a</SU>
                                    )
                                </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Volatile Oil Consumption</ENT>
                                <ENT>
                                    § 1065.1141(i)
                                    <LI O="xl">§ 1065.1145(a)(1)(i)</LI>
                                    <LI O="xl">§ 1065.1145(e)(2)</LI>
                                </ENT>
                                <ENT>Mass flow meter</ENT>
                                <ENT>
                                    Initial Cycle Development and
                                    <LI O="xl">Cycle Validation</LI>
                                </ENT>
                                <ENT>
                                    (
                                    <SU>a</SU>
                                    )
                                </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Secondary Oil Exposure</ENT>
                                <ENT>
                                    § 1065.1141(h)
                                    <LI O="xl">§ 1065.1145(e)(2)(ii)</LI>
                                </ENT>
                                <ENT>DPF weights</ENT>
                                <ENT>Cycle Validation</ENT>
                                <ENT>
                                    (
                                    <SU>a</SU>
                                    )
                                </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Sulfur Exposure (choose one method)</ENT>
                                <ENT>
                                    § 1065.1141(j)
                                    <LI>§ 1065.1145(e)(2)(iii)</LI>
                                </ENT>
                                <ENT>Mass flow meter</ENT>
                                <ENT>Cycle Validation</ENT>
                                <ENT>
                                    (
                                    <SU>a</SU>
                                    )
                                </ENT>
                            </ROW>
                            <ROW RUL="s">
                                <ENT I="22"> </ENT>
                                <ENT>
                                    § 1065.1141(k)
                                    <LI O="xl">§ 1065.1145(e)(2)(iii)</LI>
                                </ENT>
                                <ENT>Mass flow meter</ENT>
                                <ENT>Cycle Validation</ENT>
                                <ENT>
                                    (
                                    <SU>a</SU>
                                    )
                                </ENT>
                            </ROW>
                            <ROW EXPSTB="04" RUL="s">
                                <ENT I="21">
                                    <E T="02">Burner-Based Aging Stand</E>
                                </ENT>
                            </ROW>
                            <ROW EXPSTB="00">
                                <ENT I="01">Exhaust flow rate to aftertreatment</ENT>
                                <ENT>
                                    § 1065.1143
                                    <LI O="xl">§ 1065.1145(a)(2)(i)</LI>
                                </ENT>
                                <ENT>Direct measurement</ENT>
                                <ENT>Initial Cycle Development</ENT>
                                <ENT>
                                    (
                                    <SU>a</SU>
                                    )
                                </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Bulk Oil Consumption</ENT>
                                <ENT>
                                    § 1065.1143(d)
                                    <LI O="xl">§ 1065.1145(a)(2)(i)</LI>
                                    <LI O="xl">§ 1065.1145(e)(2)</LI>
                                </ENT>
                                <ENT>DPF weights</ENT>
                                <ENT>Initial Cycle Development and Cycle Validation</ENT>
                                <ENT>
                                    (
                                    <SU>a</SU>
                                    )
                                </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Volatile Oil Consumption</ENT>
                                <ENT>
                                    § 1065.1143(e)
                                    <LI O="xl">§ 1065.1145(a)(2)(i)</LI>
                                    <LI O="xl">§ 1065.1145(e)(2)</LI>
                                </ENT>
                                <ENT>DPF weights</ENT>
                                <ENT>Initial Cycle Development and Cycle Validation</ENT>
                                <ENT>
                                    (
                                    <SU>a</SU>
                                    )
                                </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Secondary Oil Exposure</ENT>
                                <ENT>
                                    § 1065.1143(d)
                                    <LI O="xl">§ 1065.1145(e)(2)(ii)</LI>
                                </ENT>
                                <ENT>DPF weights</ENT>
                                <ENT>Cycle Validation</ENT>
                                <ENT>
                                    (
                                    <SU>a</SU>
                                    )
                                </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Sulfur Exposure (choose one method)</ENT>
                                <ENT>
                                    § 1065.1143(i)
                                    <LI O="xl">§ 1065.1145(e)(2)(iii)</LI>
                                </ENT>
                                <ENT>Mass flow meter</ENT>
                                <ENT>Cycle Validation</ENT>
                                <ENT>
                                    (
                                    <SU>a</SU>
                                    )
                                </ENT>
                            </ROW>
                            <ROW RUL="s">
                                <ENT I="22"> </ENT>
                                <ENT>
                                    § 1065.1143(j)
                                    <LI O="xl">§ 1065.1145(e)(2)(iii)</LI>
                                </ENT>
                                <ENT>Mass flow meter</ENT>
                                <ENT>Cycle Validation</ENT>
                                <ENT>
                                    (
                                    <SU>a</SU>
                                    )
                                </ENT>
                            </ROW>
                            <ROW EXPSTB="04" RUL="s">
                                <ENT I="21">
                                    <E T="02">Aging Bench</E>
                                </ENT>
                            </ROW>
                            <ROW EXPSTB="00">
                                <ENT I="01">Catalyst inlet gas temperature</ENT>
                                <ENT>§ 1065.1153(a)</ENT>
                                <ENT>Thermocouple</ENT>
                                <ENT>Catalyst aging temperature</ENT>
                                <ENT>
                                    (
                                    <SU>a</SU>
                                    )
                                </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Catalyst bed temperature</ENT>
                                <ENT>
                                    § 1065.1153(c)
                                    <LI O="xl">§ 1065.1155(f)</LI>
                                </ENT>
                                <ENT>Thermocouple</ENT>
                                <ENT>Catalyst aging temperature</ENT>
                                <ENT>
                                    (
                                    <SU>a</SU>
                                    )
                                </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">Individual gas flow rates</ENT>
                                <ENT>
                                    § 1065.1153(a)
                                    <LI O="xl">§ 1065.1153(b)</LI>
                                </ENT>
                                <ENT>Mass flow meter</ENT>
                                <ENT>Control of inlet gas mixture</ENT>
                                <ENT>
                                    (
                                    <SU>a</SU>
                                    )
                                </ENT>
                            </ROW>
                            <ROW>
                                <PRTPAGE P="43273"/>
                                <ENT I="01">Total flow rate</ENT>
                                <ENT>
                                    § 1065.1153(b)
                                    <LI O="xl">§ 1065.1155(h)</LI>
                                </ENT>
                                <ENT>Mass flow meter</ENT>
                                <ENT>Verification of catalyst space velocity</ENT>
                                <ENT>±5% of target.</ENT>
                            </ROW>
                            <TNOTE>
                                <SU>a</SU>
                                 See Table 1 of § 1065.307 for linearity criteria.
                            </TNOTE>
                        </GPOTABLE>
                    </SECTION>
                    <AMDPAR>122. Revise and republish § 1065.1115 to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1065.1115 </SECTNO>
                        <SUBJECT>Reactor design and setup.</SUBJECT>
                        <P>Vanadium measurements rely on a reactor that adsorbs sublimation vapors of vanadium onto an alumina capture bed with high surface area.</P>
                        <P>
                            (a) Configure the reactor with the alumina capture bed downstream of the catalyst in the reactor's hot zone to adsorb vanadium vapors at high temperature. You may use quartz beads upstream of the catalyst to help stabilize reactor gas temperatures. Select an alumina material and design the reactor to minimize sintering of the alumina. For a 1-inch diameter reactor, use 4 to 5 g of 
                            <FR>1/8</FR>
                             inch extrudates or −14/+24 mesh (approximately 0.7 to 1.4 mm) gamma alumina (such as Alfa Aesar, aluminum oxide, gamma, catalyst support, high surface area, bimodal). Position the alumina downstream from either an equivalent amount of −14/+24 mesh catalyst sample or an approximately 1-inch diameter by 1-inch to 3-inch-long catalyst-coated monolith sample cored from the production-intent vanadium catalyst substrate. Separate the alumina from the catalyst with a 0.2 to 0.4 g plug of quartz wool. Place a short 4 g plug of quartz wool downstream of the alumina to maintain the position of that bed. Use good engineering judgment to adjust as appropriate for reactors of different sizes.
                        </P>
                        <P>(b) Include the quartz wool with the capture bed to measure vanadium content. We recommend analyzing the downstream quartz wool separately from the alumina to see if the alumina fails to capture some residual vanadium.</P>
                        <P>(c) Configure the reactor such that both the sample and capture beds are in the reactor's hot zone. Design the reactor to maintain similar temperatures in the capture bed and catalyst. Monitor the catalyst and alumina temperatures with Type K thermocouples inserted into a thermocouple well that is in contact with the catalyst sample bed.</P>
                        <P>(d) You may include an ammonia slip catalyst as part of the catalyst-coated monolith sample if it is part of the production aftertreatment system. Size the ammonia slip catalyst based on its volume ratio to the vanadium catalyst and locate it in the reactor heated zone. Ensure that the ratio of the vanadium catalyst core volume to ammonia slip catalyst core volume is consistent with the highest production system volume ratio of vanadium to ammonia slip catalyst you expect. You may use a small amount of quartz wool between the vanadium and ammonia slip catalysts to address catalyst core alignment. You may exceed the 3-inch maximum core length in paragraph (a) of this section by up to 3 inches.</P>
                        <P>(e) If there is a risk that the quartz wool and capture bed are not able to collect all the vanadium, configure the reactor with an additional capture bed and quartz wool plug just outside the hot zone and analyze the additional capture bed and quartz wool separately.</P>
                        <P>(f) An example of a catalyst-coated monolith and capture bed arrangement in the reactor tube are shown in the following figure:</P>
                        <GPH SPAN="3" DEEP="256">
                            <GID>EP14JY26.080</GID>
                        </GPH>
                        <P>
                            (g) You may need to account for vanadium-loaded particles contaminating catalyst-coated monoliths as a result of physical abrasion. To do this correction, your sample must show levels of vanadium, titanium, and either 
                            <PRTPAGE P="43274"/>
                            tungsten, antimony, or other metals contained in the catalyst-coated monolith above their respective method detection limits. Using these values and available information about the ratio of vanadium to titanium in the catalyst, subtract the mass of vanadium catalyst material associated with the catalyst particles from the total measured vanadium on the capture bed to determine the vanadium recovered due to sublimation as described in § 1065.1121(e).
                        </P>
                    </SECTION>
                    <AMDPAR>123. Revise and republish § 1065.1117 to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1065.1117 </SECTNO>
                        <SUBJECT>Reactor aging cycle for determination of vanadium sublimation temperature.</SUBJECT>
                        <P>This section describes the conditions and process required to operate the reactor described in § 1065.1115 for collection of the vanadium sublimation samples for determination of vanadium sublimation temperature. The reactor aging cycle constitutes the process of testing the catalyst sample over all the test conditions described in paragraph (b) of this section.</P>
                        <P>(a) Set up the reactor to flow gases with a space velocity of at least 35,000/hr over the catalyst-coated monolith system with a pressure drop across the catalyst and capture bed less than 35 kPa.</P>
                        <P>(1) Calculate space velocity as follows:</P>
                        <GPH SPAN="1" DEEP="60">
                            <GID>EP14JY26.081</GID>
                        </GPH>
                        <EXTRACT>
                            <FP SOURCE="FP-2">Where:</FP>
                            <FP SOURCE="FP-2">
                                <E T="03">
                                    V
                                    <AC T="b"/>
                                </E>
                                <E T="52">stdreactor</E>
                                 = the mean volume flow rate through the reactor at conditions of 293.15 K and 101.325 kPa.
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="03">V</E>
                                <E T="52">monolith</E>
                                 = the total volume of the catalyst-coated monolith system. When determining space velocity for a reactor blank test, use the volume for a 1-inch diameter by 1-inch-long monolith.
                            </FP>
                        </EXTRACT>
                        <P>
                            <E T="03">Example:</E>
                        </P>
                        <FP SOURCE="FP-2">
                            <E T="03">
                                V
                                <AC T="b"/>
                            </E>
                            <E T="52">stdreactor</E>
                             = 0.4502 m
                            <E T="51">3</E>
                            /hr
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">V</E>
                            <E T="52">monolith</E>
                             = 0.0000128638 m
                            <E T="51">3</E>
                        </FP>
                        <GPH SPAN="1" DEEP="26">
                            <GID>EP14JY26.082</GID>
                        </GPH>
                        <FP SOURCE="FP-2">
                            <E T="03">SV</E>
                             = 34,997/hr
                        </FP>
                        <P>(2) Use test gases meeting the following specifications, noting that not all gases will be used at the same time:</P>
                        <P>
                            (i) 5 vol% O
                            <E T="52">2</E>
                            , balance N
                            <E T="52">2</E>
                            .
                        </P>
                        <P>
                            (ii) NO, balance N
                            <E T="52">2</E>
                            . Use an NO concentration of (200 to 500) ppm.
                        </P>
                        <P>
                            (iii) NH
                            <E T="52">3</E>
                            , balance N
                            <E T="52">2</E>
                            . Use an NH
                            <E T="52">3</E>
                             concentration of (200 to 500) ppm.
                        </P>
                        <P>(b) Perform testing as follows:</P>
                        <P>
                            (1) Add a new catalyst sample and capture bed into the reactor as described in § 1065.1113. Heat the reactor to 550 °C while flowing the oxygen blend specified in paragraph (a)(2) of this section as a pretest gas mixture. Ensure that no H
                            <E T="52">2</E>
                            O is added to the pretest gas mixture to reduce the risk of sintering and vanadium sublimation.
                        </P>
                        <P>
                            (2) Start testing at a temperature that is lower than the point at which vanadium starts to sublime. Start testing when the reactor reaches 550 °C unless testing supports a lower starting temperature. Once the reactor reaches the starting temperature and the catalyst has been equilibrated to the reactor temperature, flow NO and NH
                            <E T="52">3</E>
                             test gases for 18 hours with a nominal H
                            <E T="52">2</E>
                            O content of 10 volume percent. This volume percentage of H
                            <E T="52">2</E>
                            O is appropriate and must be used for diesel fueled compression-ignition engines. If you perform this testing for engines that use a different fuel than diesel, use good engineering judgment to select an H
                            <E T="52">2</E>
                            O volume percentage consistent with the maximum expected exhaust H
                            <E T="52">2</E>
                            O content for that fuel. For example, you might test at an H
                            <E T="52">2</E>
                            O content of 20 volume percent for a lean-burn, spark-ignition hydrogen-fueled engine. If an initial starting temperature of 550 °C results in vanadium sublimation, you may retest using a new catalyst sample and a lower initial starting temperature.
                        </P>
                        <P>(3) After 18 hours of exposure, flow the pretest oxygen blend as specified in paragraph (b)(1) of this section and allow the reactor to cool down to room temperature.</P>
                        <P>(4) Analyze the sample as described in § 1065.1121.</P>
                        <P>(5) Repeat the testing in paragraphs (b)(1) through (4) of this section by raising the reactor temperature in increments of up to 25 °C, until you reach the temperature at which vanadium sublimation begins above the method detection limit threshold determined in § 1065.1121.</P>
                        <P>(7) You may optionally test in a manner other than testing a single catalyst formulation in series across all test temperatures. For example, you may test additional samples at the same reactor temperature before moving on to the next temperature.</P>
                        <P>(c) Determine the effective sublimation temperature as follows:</P>
                        <P>(1) Select the data from the lowest temperature where you detected a vanadium level above the method detection limit threshold and the next lowest temperature where vanadium sublimation was not detected above the threshold.</P>
                        <P>(2) Use linear interpolation between the two data points to determine the temperature at which the vanadium level crosses the method detection limit threshold.</P>
                        <P>
                            (3) Calculate the sublimation temperature, T
                            <E T="52">sublimation</E>
                            , as follows:
                        </P>
                        <GPH SPAN="3" DEEP="56">
                            <GID>EP14JY26.083</GID>
                        </GPH>
                        <EXTRACT>
                            <FP SOURCE="FP-2">Where:</FP>
                            <FP SOURCE="FP-2">
                                <E T="03">MDL</E>
                                <E T="52">threshold</E>
                                 = the vanadium method detection limit threshold in § 1065.1121(d)(3). This value of 10 µg/m
                                <E T="51">3</E>
                                 is based on the total volume that flowed through the catalyst core at a space velocity of 35,000/hr for 18 hours, for a standard 1-inch diameter by 1-inch-long catalyst core. If you test a different size catalyst core, you must scale the method detection limit threshold value as described in § 1065.1121(d)(4).
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="03">V</E>
                                <E T="52">L</E>
                                 = the vanadium result from the highest test point where vanadium sublimation was below the method detection limit threshold.
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="03">V</E>
                                <E T="52">H</E>
                                 = the vanadium result from the lowest test point where vanadium sublimation was at or above the method detection limit threshold.
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="03">T</E>
                                <E T="52">H</E>
                                 = the temperature at which VH was determined.
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="03">T</E>
                                <E T="52">L</E>
                                 = the temperature at which VL was determined.
                            </FP>
                        </EXTRACT>
                        <P>
                            <E T="03">Example:</E>
                        </P>
                        <FP SOURCE="FP-2">
                            <E T="03">MDL</E>
                            <E T="52">threshold</E>
                             = 10 µg/m
                            <E T="51">3</E>
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">V</E>
                            <E T="52">L</E>
                             = 5.1 µg/m
                            <E T="51">3</E>
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">V</E>
                            <E T="52">H</E>
                             = 12.5 µg/m
                            <E T="51">3</E>
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">T</E>
                            <E T="52">H</E>
                             = 585 °C
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">T</E>
                            <E T="52">L</E>
                             = 560 °C
                        </FP>
                        <GPH SPAN="3" DEEP="26">
                            <PRTPAGE P="43275"/>
                            <GID>EP14JY26.084</GID>
                        </GPH>
                        <FP SOURCE="FP-2">
                            <E T="03">T</E>
                            <E T="52">sublimation</E>
                             = 577 °C
                        </FP>
                    </SECTION>
                    <AMDPAR>124. Revise and republish § 1065.1119 to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1065.1119 </SECTNO>
                        <SUBJECT>Blank testing.</SUBJECT>
                        <P>This section describes the process for analyzing blanks. Use blanks to determine the background effects and the potential for contamination from the sampling process.</P>
                        <P>(a) Take blanks from the same batch of alumina used for the capture bed.</P>
                        <P>(b) Media blanks are used to determine if there is any contamination in the sample media. Analyze at least one media blank for each reactor aging cycle or round of testing performed under § 1065.1117. If your sample media is taken from the same lot, you may analyze media blanks less frequently consistent with good engineering judgment.</P>
                        <P>(c) Reactor blanks are used to determine the method detection limit and can be used to determine if there is any contamination from the sampling system. Analyze at least one reactor blank for each reactor aging cycle or round of testing performed under § 1065.1117.</P>
                        <P>(1) Test reactor blanks with the reactor on and operated identically to that of a catalyst test in § 1065.1117 with the exception that when loading the reactor, only the alumina capture bed will be loaded (no catalyst sample is loaded for the reactor blank). We recommend acquiring reactor blanks with the reactor operating at a 750 °C test temperature. If your reactor cannot maintain 750 °C, acquire the reactor blanks at the highest temperature your reactor can maintain.</P>
                        <P>(2) You must run at least three reactor blanks if the result from the initial blank analysis is above the detection limit of the method, with additional blank runs based on the uncertainty of the reactor blank measurements, consistent with good engineering judgment.</P>
                        <P>(3) If the volumetric flow during the vanadium sublimation test is higher than what was flowed during the reactor blank test, scale the method detection limit and method detection limit threshold to account for the volumetric flow differences. This will typically occur in instances where a catalyst coated monolith is tested that has a volume that is greater than the standard 1″ diameter by 1″ long catalyst core, as the volumetric flow rate through the catalyst core is increased to maintain the target space velocity of 35,000/hr. Adjust the method detection limit as described in § 1065.1121(d)(4).</P>
                    </SECTION>
                    <AMDPAR>125. Revise § 1065.1121 to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1065.1121 </SECTNO>
                        <SUBJECT>Vanadium sample dissolution and analysis in alumina capture beds.</SUBJECT>
                        <P>This section describes the process for dissolution of vanadium from the vanadium sublimation samples collected in § 1065.1117 and any blanks collected in § 1065.1119 as well as the analysis of the digestates to determine the mass of vanadium (as well as titanium, tungsten and antimony if you are testing for those elements) emitted during the reactor aging cycle.</P>
                        <P>(a) Digest the samples using the following procedure, or an equivalent procedure:</P>
                        <P>
                            (1) Place the recovered alumina, a portion of the ground quartz tube from the reactor, and the quartz wool in a Teflon pressure vessel with a mixture made from 1.5 mL of 16 N HNO
                            <E T="52">3</E>
                            , 0.5 mL of 28 N HF, and 0.2 mL of 12 N HCl. Note that you must weigh all the sample materials submitted to the digestion process (including alumina, quartz wool, and quartz tube). Note that the amount of ground quartz tube from the reactor included in the digestion can influence the vanadium concentration of both the volatilized vanadium from the sample and the method detection limit. You must be consistent with the amount ground quartz tube included in the sample analysis for your testing. You must limit the amount of quartz tube to include only portions of the tube that would be likely to encounter volatilized vanadium.
                        </P>
                        <P>(2) Program a microwave oven to heat the sample to 180 °C over 9 minutes, followed by a 10-minute hold at that temperature, and 1 hour of ventilation/cooling.</P>
                        <P>
                            (3) After cooling, dilute the digests to 30 mL with high purity 18MΩ water prior to ICP-MS (or ICP-OES) analysis. Note that this digestion technique requires adequate safety measures when working with HF at high temperature and pressure. To avoid “carry-over” contamination, rigorously clean the vessels between samples as described in “Microwave digestion procedures for environmental matrixes” (Lough, G.C. 
                            <E T="03">et al,</E>
                             Analyst. 1998, 123 (7), 103R-133R).
                        </P>
                        <P>(b) Analyze the digestates for vanadium as follows:</P>
                        <P>(1) Perform the analysis using ICP-OES (or ICP-MS) using standard plasma conditions (1350 W forward power) and a desolvating microconcentric nebulizer, which will significantly reduce oxide- and chloride-based interferences.</P>
                        <P>
                            (2) We recommend that you digest and analyze a minimum of three solid vanadium NIST Standard Reference Materials in duplicate with every batch of 25 vanadium alumina capture bed samples that you analyze in this section, as described in “Emissions of metals associated with motor vehicle roadways” (Herner, J.D. 
                            <E T="03">et al.,</E>
                             Environmental Science and Technology. 2005, 39, 826-836). This will serve as a quality assurance check to help gauge the relative uncertainties in each measurement, specifically if the measurement errors are normally distributed and independent.
                        </P>
                        <P>
                            (c) Calculate your vanadium result, 
                            <E T="03">V</E>
                            <E T="52">meas</E>
                            , in µg/m
                            <E T="51">3</E>
                             using the following equation:
                        </P>
                        <GPH SPAN="1" DEEP="54">
                            <GID>EP14JY26.085</GID>
                        </GPH>
                        <EXTRACT>
                            <FP SOURCE="FP-2">Where:</FP>
                            <FP SOURCE="FP-2">
                                <E T="03">x</E>
                                <E T="52">ICP</E>
                                 = the ICP measured mass concentration of vanadium. If the mass concentration is below the instrument detection limit, use the instrument detection limit in place of the measured value.
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="03">m</E>
                                <E T="52">sample</E>
                                 = total sample mass determined in paragraph (a)(1) of this section.
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="03">V</E>
                                <E T="52">reactor</E>
                                 = the total gas volume flowed through the reactor during the catalyst-coated monolith test.
                            </FP>
                        </EXTRACT>
                        <P>
                            <E T="03">Example:</E>
                        </P>
                        <FP SOURCE="FP-2">
                            <E T="03">x</E>
                            <E T="52">ICP</E>
                             = 0.74 mg/m
                            <E T="51">3</E>
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">m</E>
                            <E T="52">sample</E>
                             = 114.839 g
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">V</E>
                            <E T="52">reactor</E>
                             = 8.104223 m
                            <E T="51">3</E>
                        </FP>
                        <GPH SPAN="1" DEEP="26">
                            <GID>EP14JY26.086</GID>
                        </GPH>
                        <FP SOURCE="FP-2">
                            <E T="03">V</E>
                            <E T="52">meas</E>
                             = 10.5 µg/m
                            <E T="51">3</E>
                        </FP>
                        <P>(d) Use the 3-sigma approach to determine the analytical method detection limits for vanadium. This process involves analyzing at least seven replicates of a reactor blank using the analytical method described in paragraphs (a) and (b)(1) of this section, converting the responses into concentration units, and calculating the standard deviation. Determine the detection limit by multiplying the standard deviation by 3 and adding it to the median. Determine the following analytical method detection limits:</P>
                        <P>
                            (1) Determine the ICP-MS (or ICP-OES) instrumental detection limit (mg/
                            <PRTPAGE P="43276"/>
                            kg) by measuring at least seven blank samples made up of the reagents from paragraph (a) of this section.
                        </P>
                        <P>
                            (2) Determine the method detection limit (µg/m
                            <E T="51">3</E>
                             of flow) by measuring at least seven reactor blank samples taken as described in § 1065.1119(d). You may check for and remove any outliers using Section 7 of ASTM E178 (incorporated by reference, see § 1065.1010). Maintain a rolling method detection limit, updating it by removing the oldest reactor blank results as new reactor blank samples are taken. Repeat the outlier analysis each time you generate a new reactor blank and update the data set. Maintain at least seven blanks in the data set. Use good engineering judgment to add new blanks and remove old blanks from the data set as needed. For example, if the lot of capture blank material changes or if your testing involves submission of multiple groups of samples that are submitted for ICP analysis at different times.
                        </P>
                        <P>
                            (3) Your method detection limit determined under paragraph (d)(2) of this section must be at or below a threshold of 10 µg/m
                            <E T="51">3</E>
                            . Note that this method detection limit threshold is based on the total volume that flowed through the catalyst core at a space velocity of 35,000/hr for 18 hours, for a standard 1-inch diameter by 1-inch-long catalyst core. If you test at a different size catalyst core, you must scale both your calculated method detection limit and the threshold value as described in paragraph (d)(4) of this section. You must report your method detection limit determined in this paragraph (d)(3) with your test results. Report your method detection limit at a precision of two significant figures. Report your results and calculated method detection limit at the same level of precision as the threshold.
                        </P>
                        <P>(4) When your catalyst core volume dictates a total volume flowed through the catalyst core that is greater than the total volume flowed during the reactor blank test, scale the method detection limit threshold from paragraph (d)(3) of this section and the lab determined method detection limit as follows:</P>
                        <GPH SPAN="3" DEEP="56">
                            <GID>EP14JY26.087</GID>
                        </GPH>
                        <EXTRACT>
                            <FP SOURCE="FP-2">Where:</FP>
                            <FP SOURCE="FP-2">
                                <E T="03">MDL</E>
                                <E T="52">[type]</E>
                                 = method detection limit threshold from paragraph (d)(3) of this section or lab determined method detection limit from paragraph (d)(2) of this section.
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="03">V</E>
                                <E T="52">stdblank</E>
                                 = the total gas volume flowed through the reactor during a standard lab reactor blank test (assuming a 1-inch diameter and 1-inch-long core).
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="03">V</E>
                                <E T="52">reactor</E>
                                 = the total gas volume flowed through the reactor during the catalyst coated monolith test.
                            </FP>
                        </EXTRACT>
                        <P>
                            <E T="03">Example for a catalyst coated monolith system that contains a 1″ diameter by 1″ long vanadium SCR catalyst core and a 1″ diameter by 0.5″ long ammonia slip catalyst core that yields a vanadium test result of 7.9 µg/m</E>
                            <E T="53">3</E>
                            <E T="03">:</E>
                        </P>
                        <FP SOURCE="FP-2">
                            <E T="03">MDL</E>
                            <E T="52">threshold</E>
                             = 10 µg/m
                            <E T="51">3</E>
                             threshold, from paragraph (d)(3) of this section.
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">MDL</E>
                            <E T="52">reactorblank</E>
                             = 4.5 µg/m
                            <E T="51">3</E>
                            , actual determined method detection limit from paragraph (d)(2) of this section.
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">V</E>
                            <E T="52">stdblank</E>
                             = 8.4 m
                            <E T="51">3</E>
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">V</E>
                            <E T="52">reactor</E>
                             = 12.2 m
                            <E T="51">3</E>
                        </FP>
                        <GPH SPAN="3" DEEP="25">
                            <GID>EP14JY26.088</GID>
                        </GPH>
                        <GPH SPAN="3" DEEP="25">
                            <GID>EP14JY26.089</GID>
                        </GPH>
                        <P>
                            (5) In the example given in paragraph (d)(4) of this section, the corrected reactor blank derived method detection limit is below the adjusted method detection limit threshold of 4.8 µg/m
                            <E T="51">3</E>
                            , indicating that the reactor blank derived method detection limit meets the requirements of paragraph (d)(3) of this section. The threshold corrected value becomes the new method detection limit threshold, replacing the value from paragraph (d)(3) of this section, which is compared to the reactor blank corrected method detection limit. The corrected method detection limit threshold of 6.9 µg/m
                            <E T="51">3</E>
                             indicates that the catalyst coated monolith vanadium test result of 7.9 µg/m
                            <E T="51">3</E>
                             is above the adjusted method detection limit threshold and that vanadium has been emitted by the monolith.
                        </P>
                        <P>(e) You may account for vanadium-loaded particles contaminating the catalyst-coated monoliths as a result of physical abrasion as allowed in § 1065.1115(g). This process requires that you determine the analytical method detection limits for titanium and either tungsten, antimony or other metals contained in the catalyst-coated monolith using the same method as described in paragraph (d) of this section for vanadium. You may perform this correction using either the ratio provided by the catalyst supplier or the measured mass ratio of vanadium to titanium.</P>
                        <P>
                            (1) If you use the ratio provided by the catalyst supplier, determine the corrected vanadium level, 
                            <E T="03">V</E>
                            <E T="52">cor</E>
                            , using the following equation:
                        </P>
                        <GPH SPAN="1" DEEP="39">
                            <GID>EP14JY26.090</GID>
                        </GPH>
                        <EXTRACT>
                            <FP SOURCE="FP-2">Where:</FP>
                            <FP SOURCE="FP-2">
                                <E T="03">V</E>
                                <E T="52">meas</E>
                                 = the vanadium result determined in paragraph (c) of this section.
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="03">Ratio</E>
                                 = the mass ratio of V to Ti from the catalyst supplier or the experimentally determined ratio, 
                                <E T="03">Ratio</E>
                                <E T="52">meas</E>
                                , as determined in paragraph (e)(2) of this section.
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="03">Ti</E>
                                <E T="52">meas</E>
                                 = the titanium result determined in paragraph (c) of this section.
                            </FP>
                        </EXTRACT>
                        <P>
                            <E T="03">Example:</E>
                        </P>
                        <PRTPAGE P="43277"/>
                        <FP SOURCE="FP-2">
                            <E T="03">V</E>
                            <E T="52">meas</E>
                             = 6.8 µg/m
                            <E T="51">3</E>
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">Ratio</E>
                            <E T="52">meas</E>
                             = 0.025
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">Ti</E>
                            <E T="52">meas</E>
                             = 223.5 µg/m
                            <E T="51">3</E>
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">V</E>
                            <E T="52">cor</E>
                             = 1.2 µg/m
                            <E T="51">3</E>
                        </FP>
                        <P>
                            (2) If you have multiple tests where you detect vanadium, titanium, and either tungsten or antimony, you may substitute the ratio measured during the experiments, 
                            <E T="03">Ratio</E>
                            <E T="52">meas</E>
                            , in place of the catalyst supplier ratio in Eq. 1065.1121-3. You may use this option only if the measured ratios of vanadium to titanium for the test you are correcting are within 20% of the average calculated ratio for all of the tests in the data set that are being corrected. If you use the measured ratio from the experiment, calculate that ratio using the following equation:
                        </P>
                        <GPH SPAN="1" DEEP="55">
                            <GID>EP14JY26.091</GID>
                        </GPH>
                        <EXTRACT>
                            <FP SOURCE="FP-2">Where:</FP>
                            <FP SOURCE="FP-2">
                                <E T="03">MDL</E>
                                <E T="52">V</E>
                                 = the method detection limit for vanadium.
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="03">MDL</E>
                                <E T="52">Ti</E>
                                 = the method detection limit for vanadium.
                            </FP>
                        </EXTRACT>
                        <P>
                            <E T="03">Example:</E>
                        </P>
                        <FP SOURCE="FP-2">
                            <E T="03">V</E>
                            <E T="52">meas</E>
                             = 6.8 µg/m
                            <E T="51">3</E>
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">MDL</E>
                            <E T="52">V</E>
                             = 3.1 µg/m
                            <E T="51">3</E>
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">Ti</E>
                            <E T="52">meas</E>
                             = 223.5 µg/m
                            <E T="51">3</E>
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">MDL</E>
                            <E T="52">Ti</E>
                             = 76.2 µg/m
                            <E T="51">3</E>
                        </FP>
                        <GPH SPAN="1" DEEP="25">
                            <GID>EP14JY26.092</GID>
                        </GPH>
                        <FP SOURCE="FP-2">
                            <E T="03">Ratio</E>
                             = 0.025
                        </FP>
                    </SECTION>
                    <AMDPAR>126. Amend § 1065.1125 by revising paragraph (d)(2) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1065.1125 </SECTNO>
                        <SUBJECT>Exhaust opacity measurement system.</SUBJECT>
                        <STARS/>
                        <P>(d) * * *</P>
                        <P>(2) You may use smokemeters that rely on partial flow sampling. Follow the instrument manufacturer's installation, calibration, operation, and maintenance procedures and correct for any difference in the path length of the exhaust plume relative to the diameter of the engine's exhaust outlet.</P>
                    </SECTION>
                    <AMDPAR>127. Amend § 1065.1127 by revising paragraphs (c)(4) and (5) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1065.1127 </SECTNO>
                        <SUBJECT>Test procedure for determining percent opacity.</SUBJECT>
                        <STARS/>
                        <P>(c) * * *</P>
                        <P>(4) Determine the dynamometer load needed to meet the cycle requirements in paragraphs (d)(4)(ii) and (iv) of this section.</P>
                        <P>(5) You may program the dynamometer to apply motoring assist with negative flywheel torque, but only during the first 0.5 seconds of the acceleration events identified in paragraph (d)(4) of this section. Negative flywheel torque may not exceed 13.6 N·m.</P>
                        <STARS/>
                    </SECTION>
                    <AMDPAR>128. Amend subpart L by revising the center header “ACCELERATED AFTERTREATMENT AGING” to read as follows: ACCELERATED AFTERTREATMENT AGING—COMPRESSION-IGNITION AFTERTREATMENT</AMDPAR>
                    <AMDPAR>129. Amend § 1065.1133 by revising paragraph (a)(3) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1065.1133 </SECTNO>
                        <SUBJECT>Application selection, data gathering, and analysis.</SUBJECT>
                        <STARS/>
                        <P>(a) * * *</P>
                        <P>
                            (3) 
                            <E T="03">Sulfur exposure.</E>
                             The total sulfur exposure is the sum of fuel- and oil-related sulfur. Oil-related sulfur will be accounted for in the acceleration of oil exposure directly. We recommend that you determine fuel-related sulfur exposure by selecting an application that represents the 90th percentile of fuel consumption. Use good engineering judgment to determine that average rate of fuel consumption for the target application. You may use a combination of field and laboratory measurements to make this determination. Calculate the average rate of fuel-related sulfur exposure in grams per hour from the average rate of fuel consumption assuming a fuel sulfur level of 10 ppm by weight. You may adjust the 10-ppm fuel sulfur level if the fuel your engine operates on is shown to have a sulfur level that differs from diesel fuel.
                        </P>
                        <STARS/>
                    </SECTION>
                    <AMDPAR>130. Amend § 1065.1137 by revising paragraphs (d)(1)(ii)(B)(1), (d)(2), and (d)(4)(iii)(A) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1065.1137 </SECTNO>
                        <SUBJECT>Determination of thermal reactivity coefficient.</SUBJECT>
                        <STARS/>
                        <P>(d) * * *</P>
                        <P>(1) * * *</P>
                        <P>(ii) * * *</P>
                        <P>(B) * * *</P>
                        <P>
                            (
                            <E T="03">1</E>
                            ) Generate a fit of the deactivation data in paragraph (d)(1)(i) of this section at each aging temperature using the following linear expression:
                        </P>
                        <GPH SPAN="1" DEEP="53">
                            <GID>EP14JY26.093</GID>
                        </GPH>
                        <EXTRACT>
                            <FP SOURCE="FP-2">Where:</FP>
                            <FP SOURCE="FP-2">
                                <E T="8153">V</E>
                                 = N
                                <E T="52">2</E>
                                /N
                                <E T="52">1</E>
                                 or N
                                <E T="52">2</E>
                                 (
                                <E T="8153">V</E>
                                 is to be normalized to the degreened 
                                <E T="8153">V</E>
                                 value for each new catalyst component prior to aging, 
                                <E T="03">i.e.,</E>
                                  
                                <E T="8153">V</E>
                                 = 1 at 
                                <E T="03">t</E>
                                 = 0 for each aging temperature).
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="03">k</E>
                                <E T="52">D</E>
                                 = the thermal aging rate constant from paragraph (d)(1)(ii)(A) of this section.
                            </FP>
                            <STARS/>
                        </EXTRACT>
                        <P>
                            (2) 
                            <E T="03">Iron-based zeolite or vanadium SCR.</E>
                             Process all NH
                            <E T="52">3</E>
                             TPD data from each aging condition using a GPLE to fit the NH
                            <E T="52">3</E>
                             desorption data (or BTE surface area data for vanadium SCR). Note that this expression is different from the one used in paragraph (d)(1)(ii)(A) of this section because the model order 
                            <E T="03">m</E>
                             is allowed to vary. This general expression takes the following form:
                        </P>
                        <GPH SPAN="1" DEEP="54">
                            <GID>EP14JY26.094</GID>
                        </GPH>
                        <EXTRACT>
                            <FP SOURCE="FP-2">Where:</FP>
                            <FP SOURCE="FP-2">
                                <E T="8153">V</E>
                                 = total NH
                                <E T="52">3</E>
                                 (or BET surface area) normalized to the degreened value for each new catalyst component prior to aging (
                                <E T="03">i.e.,</E>
                                  
                                <E T="8153">V</E>
                                 = 1 at 
                                <E T="03">t</E>
                                 = 0 for each aging temperature).
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="03">k</E>
                                <E T="52">D</E>
                                 = the thermal aging rate constant from paragraph (d)(1)(ii)(A) of this section.
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="03">t</E>
                                 = time.
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="8153">V</E>
                                <E T="52">eq</E>
                                 = aging metric at equilibrium (set to 0 unless there is a known activity minimum).
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="03">m</E>
                                 = model order.
                            </FP>
                        </EXTRACT>
                        <STARS/>
                        <P>(4) * * *</P>
                        <P>(iii) * * *</P>
                        <P>
                            (A) Use the GPLE to fit the NO to NO
                            <E T="52">2</E>
                             conversion data, 
                            <E T="03">X</E>
                            , at each aging temperature. The GPLE takes the following form:
                        </P>
                        <GPH SPAN="1" DEEP="54">
                            <GID>EP14JY26.095</GID>
                        </GPH>
                        <EXTRACT>
                            <FP SOURCE="FP-2">Where:</FP>
                            <FP SOURCE="FP-2">
                                <E T="8153">V</E>
                                 = aging metric for diesel oxidation catalysts.
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="03">k</E>
                                <E T="52">D</E>
                                 = the thermal aging rate constant from paragraph (d)(4)(i) of this section.
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="03">t</E>
                                 = aging time.
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="8153">V</E>
                                <E T="52">eq</E>
                                 = aging metric at equilibrium (set to 0 unless there is a known activity minimum).
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="03">m</E>
                                 = model order.
                            </FP>
                        </EXTRACT>
                        <STARS/>
                    </SECTION>
                    <AMDPAR>131. Amend § 1065.1139 by revising paragraphs (a), (b)(1)(iii) and (iv), (b)(2)(i), (b)(2)(v)(C), (d)(1), (e)(3), (g)(1) introductory text, (g)(1)(iv), (g)(2)(ii), and (h) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1065.1139 </SECTNO>
                        <SUBJECT>Aging cycle generation.</SUBJECT>
                        <STARS/>
                        <P>
                            (a) 
                            <E T="03">Cycle generation process overview.</E>
                             The process of cycle generation begins by determining the number of bench aging hours. The input into this 
                            <PRTPAGE P="43278"/>
                            calculation is the useful life in engine operating hours for the target application. If the standard-setting part does not establish useful life based on engine operating hours, use good engineering judgment to determine the appropriate number of hours corresponding to the regulatory useful life based on field data, including average vehicle speed. Subtract service accumulation hours on an engine dynamometer before the start of accelerated aging from the value representing the useful life in hours. Also subtract the engine operating hours needed to stabilize the engine before accelerated aging, and subtract 100 hours to account for stabilization after accelerated aging. The total number of accelerated aging hours is generally equal to the useful life in hours divided by 10 to account for the 10-fold acceleration of the aging process; however, a different acceleration factor may apply as specified in paragraph (e)(6)(v) of this section. As an example of the 10-fold acceleration based on the sample calculation in 40 CFR 1036.245(c)(6), if the total service accumulation representing hours of engine operation over the useful life is 18,567 hours, engine stabilization involved 250 hours of engine operation before initial emission testing, and service accumulation on the dynamometer included 1,525 hours of engine operation, the target for bench-aging hours would be 1,669 hours ((18,567−250−1,525−100)/10). Arrange the different operating modes for repetitive temperature cycling and divide the 1669 hours over those operating modes, as outlined in paragraph (g) of this section. In the case of periodic regeneration, split the bench-aging hours between regeneration and normal (non-regeneration) operation. The analysis of normal operation data is given in paragraph (b) of this section. The analysis of regeneration data is given in paragraph (d) of this section.
                        </P>
                        <P>(b) * * *</P>
                        <P>(1) * * *</P>
                        <P>(iii) Check each solution, starting with the one with the highest CCC to determine if it satisfies the following requirements:</P>
                        <P>(A) No more than one cluster contains fewer than 3% of the data points.</P>
                        <P>(B) If that solution does not satisfy these requirements move to the solution with the next highest CCC.</P>
                        <P>(iv) The process described in paragraph (c)(1)(iii) of this section generally works well for most data sets, but if you have difficulty with the CCC metric in a particular data set, use good engineering judgment to leverage additional criteria to help the down-selection process. Examples of alternative clustering metrics include a Davies-Bouldin Index (optimizing on the minimum value) or a Calinski-Harabasz Index (optimize on the maximum value).</P>
                        <STARS/>
                        <P>(2) * * *</P>
                        <P>(i) Perform k-means clustering as described in paragraph (b)(1) of this section but using data sets containing the two parameters recorded in the field data sets. For example, you might use speed and torque, as recorded both in the field and the laboratory for Method 2 clustering.</P>
                        <STARS/>
                        <P>(v) * * *</P>
                        <P>
                            (C) Calculate subsequent 
                            <E T="03">w</E>
                            <E T="52">i</E>
                             values after calculating 
                            <E T="03">w</E>
                            <E T="52">1</E>
                             as follows:
                        </P>
                        <GPH SPAN="1" DEEP="56">
                            <GID>EP14JY26.096</GID>
                        </GPH>
                        <P>(D) Calculate the sum of the weighting factors to verify that they are equal to one.</P>
                        <GPH SPAN="1" DEEP="39">
                            <GID>EP14JY26.097</GID>
                        </GPH>
                        <EXTRACT>
                            <FP SOURCE="FP-2">Where:</FP>
                            <FP SOURCE="FP-2">
                                <E T="03">n</E>
                                 = number of regulatory cycles for the application.
                            </FP>
                        </EXTRACT>
                        <STARS/>
                        <P>(d) * * *</P>
                        <P>(1) The total number of regenerations that will be run during the accelerated aging process will be the same as the total number of regenerations over useful life. Calculate this number by dividing the total number of useful life hours by the interval between regenerations as determined in § 1065.1133(b)(3) and subtract the number of regenerations that occurred during service accumulation on an engine dynamometer.</P>
                        <STARS/>
                        <P>(e) * * *</P>
                        <P>
                            (3) Calculate the cumulative deactivation, 
                            <E T="03">D</E>
                            <E T="52">t</E>
                            , for the input field data set. The time step for the calculations should be 1 second for 1-Hz input data.
                        </P>
                        <P>
                            (i) First calculate 
                            <E T="03">D</E>
                            <E T="52">t</E>
                             for the non-regeneration portion of the field data set. For Method 2 use the 1-Hz data from the regulatory cycles as the field data set.
                        </P>
                        <P>
                            (ii) Divide the calculate field 
                            <E T="03">D</E>
                            <E T="52">t</E>
                             by the number of hours represented in the field data set.
                        </P>
                        <P>
                            (iii) Multiply the hourly 
                            <E T="03">D</E>
                            <E T="52">t</E>
                             by the number of hours required to reach useful life. This is the target 
                            <E T="03">D</E>
                            <E T="52">t,field-norm</E>
                            <E T="54">i</E>
                            .
                        </P>
                        <P>
                            (iv) Multiply the total number of regenerations for useful life by the cumulative deactivation 
                            <E T="03">D</E>
                            <E T="52">t</E>
                             for the target regeneration profile determined in paragraph (d)(4) of this section. This is the target 
                            <E T="03">D</E>
                            <E T="52">t,field-regen</E>
                            .
                        </P>
                        <P>
                            (v) The total target cumulative deactivation for the field data, 
                            <E T="03">D</E>
                            <E T="52">t,field</E>
                            , is the sum of 
                            <E T="03">D</E>
                            <E T="52">t,field-norm</E>
                            <E T="54">i</E>
                             and 
                            <E T="03">D</E>
                            <E T="52">t,field-regen</E>
                            .
                        </P>
                        <STARS/>
                        <P>(g) * * *</P>
                        <P>
                            (1) 
                            <E T="03">Cycle assembly with infrequent regenerations.</E>
                             For systems that use infrequent regenerations, the number of cycle repeats is equal to the number of regeneration events that happen over useful life. The total cycle duration of the aging cycle is calculated as the total aging duration in hours divided by the number of infrequent regeneration events. In the case of systems with multiple types of infrequent regenerations, use the regeneration with the lowest frequency to calculate the cycle duration.
                        </P>
                        <STARS/>
                        <P>(iv) Place the mode with the lowest temperature first, then move to the highest temperature mode, followed by the next lowest temperature mode, and then the next highest mode, continuing in this alternating pattern until all modes are included. You may also place the mode with the highest temperature first, then move to the lowest temperature mode, followed by the next highest temperature mode, and then the next lowest temperature mode, continuing in this alternating pattern until all modes are included.</P>
                        <STARS/>
                        <P>(2) * * *</P>
                        <P>(ii) Place the mode with the lowest temperature first, then move to the highest temperature mode, followed by the next lowest temperature mode, and then the next highest mode, continuing in this alternating pattern until all modes are included. You may also place the mode with the highest temperature first, then move to the lowest temperature mode, followed by the next highest temperature mode, and then the next lowest temperature mode, continuing in this alternating pattern until all modes are included.</P>
                        <STARS/>
                        <P>
                            (h) 
                            <E T="03">Chemical exposure targets.</E>
                             Determine targets for accelerated oil and fuel sulfur exposure as follows:
                        </P>
                        <P>
                            (1) 
                            <E T="03">Oil exposure targets.</E>
                             The target oil exposure rate during accelerated aging is 10 times the field average oil consumption rate determined in § 1065.1133(a)(2). You must achieve this 
                            <PRTPAGE P="43279"/>
                            target exposure rate on a cycle average basis during aging. Use good engineering judgment to determine the oil exposure rates for individual operating modes that will achieve this cycle average target. For engine-based aging stands you will likely have different oil consumption rates for different modes depending on the speed and load conditions you set. For burner-based aging stands, you may find that you have to limit oil exposure rates at low exhaust flow or low temperature modes to ensure good atomization of injected oil. On a cycle average basis, the portion of oil exposure from the volatile introduction pathway (
                            <E T="03">i.e.,</E>
                             oil doped in the burner or engine fuel) must be between (10 to 30) % of the total. The remainder of oil exposure must be introduced through bulk pathway. We recommend that you adjust your oil exposure to account for exposure that occurred during service accumulation on the dynamometer.
                        </P>
                        <P>
                            (i) We recommend that you minimize (in the case of an engine-bench aging stand) or turn off (in the case of a burner-based aging stand) oil exposure during infrequent regeneration modes. If you do, you must increase the target oil exposure rates by the ratio of total aging time to total normal (non-regeneration) aging time. Determine this ratio, 
                            <E T="03">O</E>
                            <E T="54">acc,rate</E>
                            , using the following equation:
                        </P>
                        <GPH SPAN="1" DEEP="56">
                            <GID>EP14JY26.098</GID>
                        </GPH>
                        <EXTRACT>
                            <FP SOURCE="FP-2">Where:</FP>
                            <FP SOURCE="FP-2">
                                <E T="03">t</E>
                                <E T="52">ul</E>
                                 = total time required for remainder of useful life in hours.
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="03">t</E>
                                <E T="52">acc,aging</E>
                                 = total time of accelerated aging in hours.
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="03">t</E>
                                <E T="52">regen</E>
                                 = required total time of infrequent regeneration events during accelerated aging in hours.
                            </FP>
                        </EXTRACT>
                        <P>
                            <E T="03">Example:</E>
                        </P>
                        <FP SOURCE="FP-2">
                            <E T="03">t</E>
                            <E T="52">ul</E>
                             = 16,692 hours
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">t</E>
                            <E T="52">acc,aging</E>
                             = 1,669 hours
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">t</E>
                            <E T="52">regen</E>
                             = 300 hours
                        </FP>
                        <GPH SPAN="1" DEEP="25">
                            <GID>EP14JY26.099</GID>
                        </GPH>
                        <P>(ii) This example is for a burner-based aging bench and assumes that oil exposure is completely turned off during infrequent regeneration modes. Therefore, you would need to increase the oil consumption rates in all non-regeneration modes by 12.19 times.</P>
                        <P>
                            (iii) If 
                            <E T="03">O</E>
                            <E T="52">acc,rate</E>
                             exceeds 15.0, you must increase 
                            <E T="03">t</E>
                            <E T="52">acc,aging</E>
                             until the calculated oil exposure acceleration rate falls below 15.0. We recommend targeting an acceleration rate of 13 or less to provide a sufficient operating window during actual aging. You may not lower the required total time of infrequent regeneration events during accelerated aging, 
                            <E T="03">t</E>
                            <E T="54">regen</E>
                            ; therefore, the overall time acceleration will decrease from the original target of ten times.
                        </P>
                        <P>
                            (2) 
                            <E T="03">Fuel sulfur exposure targets.</E>
                             The target sulfur exposure rate for fuel-related sulfur is determined by utilizing the field mean fuel rate data for the engine determined in § 1065.1133(a)(3). Calculate the total sulfur exposure mass using this mean fuel rate, the total number of non-accelerated hours to reach useful life, and a fuel sulfur level of 10 ppmw. You may adjust the 10-ppm fuel sulfur level if the fuel your engine operates on is shown to have a sulfur level that differs from diesel fuel. We recommend that you adjust your sulfur exposure to account for exposure that occurred during service accumulation on the dynamometer.
                        </P>
                        <P>
                            (i) For an engine-based aging stand, if you perform accelerated sulfur exposure by additizing engine fuel to a higher sulfur level, determine the accelerated aging target additized fuel sulfur mass fraction, 
                            <E T="03">w</E>
                            <E T="52">S</E>
                            , as follows:
                        </P>
                        <GPH SPAN="3" DEEP="60">
                            <GID>EP14JY26.100</GID>
                        </GPH>
                        <EXTRACT>
                            <FP SOURCE="FP-2">Where:</FP>
                            <FP SOURCE="FP-2">
                                <E T="03">
                                    m
                                    <AC T="b"/>
                                </E>
                                <E T="52">fuel,field</E>
                                 = field mean fuel flow rate.
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="03">
                                    m
                                    <AC T="b"/>
                                </E>
                                <E T="52">fuel,cycle</E>
                                 = accelerated aging cycle mean fuel flow rate.
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="03">m</E>
                                <E T="52">Sfuel,ref</E>
                                 = reference mass of sulfur per mass of fuel = 0.00001 kg/kg.
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="03">S</E>
                                <E T="52">acc,rate</E>
                                 = sulfur acceleration rate = 10.
                            </FP>
                        </EXTRACT>
                        <P>
                            <E T="03">Example:</E>
                        </P>
                        <FP SOURCE="FP-2">
                            <E T="03">
                                m
                                <AC T="b"/>
                            </E>
                            <E T="52">fuel,field</E>
                             = 54.3 kg/hr
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">
                                m
                                <AC T="b"/>
                            </E>
                            <E T="52">fuel,cycle</E>
                             = 34.1 kg/hr
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">m</E>
                            <E T="52">Sfuel,ref</E>
                             = 0.00001 kg/kg.
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">S</E>
                            <E T="52">acc,rate</E>
                             = 10
                        </FP>
                        <GPH SPAN="1" DEEP="26">
                            <GID>EP14JY26.101</GID>
                        </GPH>
                        <FP SOURCE="FP-2">
                            <E T="03">w</E>
                            <E T="52">S,target</E>
                             = 0.000159
                        </FP>
                        <P>
                            (ii) If you use gaseous SO
                            <E T="52">2</E>
                             to perform accelerated sulfur exposure, such as on a burner-based stand, calculate the target SO
                            <E T="52">2</E>
                             concentration to be introduced, 
                            <E T="03">x</E>
                            <E T="52">SO2,target</E>
                            , as follows:
                        </P>
                        <GPH SPAN="3" DEEP="60">
                            <GID>EP14JY26.102</GID>
                        </GPH>
                        <EXTRACT>
                            <FP SOURCE="FP-2">Where:</FP>
                            <FP SOURCE="FP-2">
                                <E T="03">
                                    m
                                    <AC T="b"/>
                                </E>
                                <E T="52">fuel,field</E>
                                 = field mean fuel flow rate.
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="03">
                                    m
                                    <AC T="b"/>
                                </E>
                                <E T="52">exhaust,cycle</E>
                                 = time weighted average exhaust flow rate during the burner aging cycle.
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="03">x</E>
                                <E T="52">Sfuel,ref</E>
                                 = reference mol fraction of sulfur in fuel = 10 µmol/mol.
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="03">S</E>
                                <E T="52">acc,rate</E>
                                 = sulfur acceleration rate = 10.
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="03">M</E>
                                <E T="52">exh</E>
                                 = molar mass of exhaust = molar mass of air.
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="03">M</E>
                                <E T="52">S</E>
                                 = molar mass of sulfur.
                            </FP>
                        </EXTRACT>
                        <P>
                            <E T="03">Example:</E>
                        </P>
                        <FP SOURCE="FP-2">
                            <E T="03">
                                m
                                <AC T="b"/>
                            </E>
                            <E T="52">fuel,field</E>
                             = 54.3 kg/hr
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">
                                m
                                <AC T="b"/>
                            </E>
                            <E T="52">exhaust,cycle</E>
                             = 1000.8 kg/hr
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">x</E>
                            <E T="52">Sfuel,ref</E>
                             = 10 µmol/mol
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">S</E>
                            <E T="52">acc,rate</E>
                             = 10
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">M</E>
                            <E T="52">exh</E>
                             = 28.96559 g/mol
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">M</E>
                            <E T="52">S</E>
                             = 32.065 g/mol
                        </FP>
                        <GPH SPAN="3" DEEP="26">
                            <PRTPAGE P="43280"/>
                            <GID>EP14JY26.103</GID>
                        </GPH>
                        <FP SOURCE="FP-2">
                            <E T="03">x</E>
                            <E T="52">SO2,target</E>
                             = 4.90 µmol/mol
                        </FP>
                        <P>
                            (iii) We recommend that you turn off gaseous sulfur injection during infrequent regeneration modes;, if you do this, you must increase the target SO
                            <E T="52">2</E>
                             concentration by the ratio of total aging time to total normal (non-regeneration) aging time. Determine this ratio, 
                            <E T="03">S</E>
                            <E T="52">acc,rate</E>
                            , using the following equation:
                        </P>
                        <GPH SPAN="3" DEEP="56">
                            <GID>EP14JY26.104</GID>
                        </GPH>
                        <EXTRACT>
                            <FP SOURCE="FP-2">Where:</FP>
                            <FP SOURCE="FP-2">
                                <E T="03">t</E>
                                <E T="52">ul</E>
                                 = total time required for remainder of useful life in hours.
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="03">t</E>
                                <E T="52">acc,aging</E>
                                 = total time of accelerated aging in hours.
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="03">t</E>
                                <E T="52">regen</E>
                                 = required total time of infrequent regeneration events during accelerated aging in hours.
                            </FP>
                        </EXTRACT>
                        <P>
                            <E T="03">Example:</E>
                        </P>
                        <FP SOURCE="FP-2">
                            <E T="03">t</E>
                            <E T="52">ul</E>
                             = 16,692 hours
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">t</E>
                            <E T="52">acc,aging</E>
                             = 1,669 hours
                        </FP>
                        <FP SOURCE="FP-2">
                            <E T="03">t</E>
                            <E T="52">regen</E>
                             = 300 hours
                        </FP>
                        <GPH SPAN="1" DEEP="25">
                            <GID>EP14JY26.105</GID>
                        </GPH>
                        <P>
                            (iv) If the updated 
                            <E T="03">S</E>
                            <E T="52">acc,rate</E>
                             exceeds 15.0, you must increase 
                            <E T="03">t</E>
                            <E T="52">acc,aging</E>
                             until the calculated sulfur exposure acceleration rate falls below 15.0. We recommend targeting an acceleration rate of 13 or less to provide a sufficient operating window during actual aging. You may not lower the required total time of infrequent regeneration events during accelerated aging, 
                            <E T="03">t</E>
                            <E T="52">regen</E>
                            ; therefore, the overall time acceleration will decrease from the original target of ten times.
                        </P>
                    </SECTION>
                    <AMDPAR>132. Amend § 1065.1141 by revising paragraphs (h) and (j) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1065.1141 </SECTNO>
                        <SUBJECT>Facility requirements for engine-based aging stands.</SUBJECT>
                        <STARS/>
                        <P>(h) If the engine-aging stand will be used for aging of systems that incorporate a diesel particulate filter (DPF), we recommend you perform secondary tracking of oil exposure by using clean (soot free) DPF weights to track ash loading and compare this mass of ash to the amount predicted using the measured oil consumption mass and the oil ash concentration. The ratio of the mass of ash found by DPF weight over the predicted mass of ash based on oil consumption measurements should fall within a range of 0.55 to 0.7.</P>
                        <STARS/>
                        <P>(j) If you perform sulfur acceleration by increasing the sulfur level of the engine fuel, you must meet the target sulfur level within ±5 ppmw. Increase the sulfur level by adding sulfur to the entire batch of fuel or adding sulfur to the fuel line that feeds the engine. Verify the sulfur level of the fuel prior to the start of aging, or whenever a new batch of aging fuel is acquired.</P>
                        <STARS/>
                    </SECTION>
                    <AMDPAR>133. Amend § 1065.1143 by revising paragraph (h) and adding a new paragraph (j) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1065.1143 </SECTNO>
                        <SUBJECT>Requirements for burner-based aging stands.</SUBJECT>
                        <STARS/>
                        <P>(h) If the burner-based aging stand will be used for aging of systems that incorporate a diesel particulate filter (DPF), we recommend you perform secondary tracking of oil exposure by using clean (soot free) DPF weights to track ash loading and compare this mass of ash to the amount predicted using the measured oil consumption mass and the oil ash concentration. The ratio of the mass of ash found by DPF weight over the predicted mass of ash based on oil consumption measurements should fall within a range of 0.55 to 0.7.</P>
                        <STARS/>
                        <P>(j) If you perform sulfur acceleration by increasing the sulfur level of the burner fuel, you must meet the target sulfur level within ±5 ppmw. Increase the sulfur level by adding sulfur to the entire batch of fuel or adding sulfur to the fuel line that feeds the burner. Verify the sulfur level of the fuel prior to the start of aging, or whenever a new batch of aging fuel is acquired.</P>
                        <STARS/>
                    </SECTION>
                    <AMDPAR>134. Amend § 1065.1145 by revising the introductory text and paragraphs (a), (c), and (d) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1065.1145 </SECTNO>
                        <SUBJECT>Execution of accelerated aging, cycle tracking, and cycle validation criteria.</SUBJECT>
                        <P>The aging cycle generally consists first of practice runs to validate and tune the final cycle, followed by the actual running of the repeat cycles needed to accumulate field equivalent hours to reach useful life. During the course of the aging run, various aging parameters are tracked to allow verification of proper cycle execution, as well as to allow for correction of the aging parameters to stay within the target limits.</P>
                        <P>
                            (a) 
                            <E T="03">Preliminary cycle validation runs.</E>
                             Prior to the start of aging, conduct a number of practice runs to tune the cycle parameters. It is recommended that initial practice runs be conducted without the aftertreatment installed, but with the backpressure of the aftertreatment simulated to help ensure that the tuned cycle is representative. For final cycle tuning, including regenerations, it is recommended to use a duplicate or spare aftertreatment system of similar design to the target system, to avoid damage or excessive initial aging during the tuning. However, it is permissible to conduct final tuning using the target system being aged, but you must limit the total duration to no more than 100 field equivalent hours (10 hours of accelerated aging), including both thermal and chemical components. The process followed for these initial runs will vary depending on whether you are using an engine-based platform or a burner-based platform.
                        </P>
                        <P>
                            (1) 
                            <E T="03">Engine-based platform.</E>
                             (i) 
                            <E T="03">Initial cycle development.</E>
                             It will be necessary to determine a set of engine modes that will generate the required combinations of temperature, exhaust flow, oil consumption, and NO
                            <E T="52">X</E>
                             to meet the target aging requirements. The development of these modes will be an iterative process using the engine and independent temperature control features of the aging stand. This process assumes that you have already implemented the oil consumption increase modifications, and that these have already been stabilized and validated to reach the necessary levels of bulk oil exposure. In general, we 
                            <PRTPAGE P="43281"/>
                            recommend the use of higher engine speeds and loads to generate the desired oil consumption, leveraging the temperature controls as needed to lower temperature to the targets. Several iterations will likely be needed to reach all targets. Exhaust flow must be within ±25 % of targets for individual cycle modes, and the weighted cycle average exhaust flow (considering non-regeneration modes) must be within ±10 % of the target value. Note that during transitions you may utilize any combination of conditions necessary to help primary component catalysts reach the target temperature and flow conditions within no more than 5 minutes. For example, you may use a higher exhaust flow rate and lower temperature to rapidly cool the aftertreatment system to the next temperature. Use good engineering judgement to select NO
                            <E T="52">X</E>
                             targets such that the cycle-average NO
                            <E T="52">X</E>
                             mass rate is consistent with the application if you used Method 1 to develop the accelerated aging cycle, and consistent with the weighted lab cycle NO
                            <E T="52">X</E>
                             measurements if you used Method 2. NO
                            <E T="52">X</E>
                             targets do not need to be met during transitions. It is permissible to deviate from engine-out NO
                            <E T="52">X</E>
                             emission targets if needed to reach the temperature, exhaust flow, and oil consumption targets. We recommend that you maintain a weighted cycle average NO
                            <E T="52">X</E>
                             level (considering non-regeneration modes) that is within ±25 % of the target. Note that validation of oil consumption requires at least 72 hours of operation. Tune the parameters for infrequent regeneration towards then end of this initial development process (such as hydrocarbon injection schedules and temperature ramp rates).
                        </P>
                        <P>
                            (ii) 
                            <E T="03">Final cycle validation.</E>
                             Once the cycle is tuned, conduct a final run using the target aftertreatment system to verify conditions and log temperatures for heat load calculation. Using the recorded cycle data, calculate 
                            <E T="03">D</E>
                            <E T="52">t</E>
                             for all primary component catalysts to ensure that you are matching the desired 
                            <E T="03">D</E>
                            <E T="52">t,cycle</E>
                             targets. If you are not within ±3% of the target 
                            <E T="03">D</E>
                            <E T="52">t,cycle</E>
                            , adjust the cycle accordingly. Calculate 
                            <E T="03">D</E>
                            <E T="52">t</E>
                             for any secondary catalyst components to verify that they are within ±3% of either the target 
                            <E T="03">D</E>
                            <E T="52">t</E>
                             or the target aging metric. Note that the accelerated aging methodology assumes that the relationship between the temperature of the primary and secondary catalyst components will be the same as the field observations. If this relationship deviates in the lab by having more or less heat transfer through the system, it may be necessary to modify that relationship on the aging stand. You may need to take measures such as adding or removing insulation or utilize external cooling fans to help these parameters match more closely.
                        </P>
                        <P>
                            (2) 
                            <E T="03">Burner-based platform.</E>
                             (i) 
                            <E T="03">Cycle development.</E>
                             The burner-based platform should be able to meet the exhaust flow, temperature, and oil consumption targets directly without the need for additional cycle development. This process assumes that you have already implemented and validated your oil consumption exposure methods to reach the necessary levels of bulk oil exposure. Exhaust flow must be within ±25% of targets for individual cycle modes, and the weighted cycle average exhaust flow (considering non-regeneration modes) must be within ±10% of the target value. For diesel-fueled engines, we recommend maintaining oxygen setpoints between (7 and 17) volume percent and water setpoints between (5 and 11) volume percent. For other fuels, use good engineering judgment to select appropriate ranges. Use good engineering judgement to select NO
                            <E T="52">X</E>
                             targets such that the cycle-average NO
                            <E T="52">X</E>
                             mass rate is consistent with the application if you used Method 1 to develop the accelerated aging cycle, and consistent with the weighted lab cycle NO
                            <E T="52">X</E>
                             measurements if you used Method 2. We recommend maintaining a weighted cycle-average NO
                            <E T="52">X</E>
                             level (considering non-regeneration modes) that is within ±25% of the target level. Note that during transitions you may utilize any combination of conditions necessary to help primary component catalysts reach the target temperature and flow conditions within no more than 5 minutes. For example, you may use a higher exhaust flow rate and lower temperature to rapidly cool the aftertreatment system to the next temperature. NO
                            <E T="52">X</E>
                             targets do not need to be met during transitions.
                        </P>
                        <P>
                            (ii) 
                            <E T="03">Final cycle validation.</E>
                             Once the cycle is tuned, conduct a final run using the target aftertreatment system to verify conditions and log temperatures for heat load calculation. Using the recorded cycle data, calculate 
                            <E T="03">D</E>
                            <E T="52">t</E>
                             for all primary components catalysts to ensure that you are matching the desired 
                            <E T="03">D</E>
                            <E T="52">t,cycle</E>
                             targets. If you are not within ±3% of the target 
                            <E T="03">D</E>
                            <E T="52">t,cycle</E>
                            , adjust the cycle accordingly. Calculate 
                            <E T="03">D</E>
                            <E T="52">t</E>
                             for any secondary catalyst components to check that they are within ±3% of either the target 
                            <E T="03">D</E>
                            <E T="52">t</E>
                             or the target aging metric. Note that the accelerated aging methodology assumes that the relationship between the temperature of the primary and secondary catalyst components will be the same as that observed in the field. If this relationship deviates in the lab by having more or less heat transfer through the system, it may be necessary to modify that relationship on the aging stand. You may need to take measures such as adding or removing insulation or utilize external cooling fans to help these parameters match more closely.
                        </P>
                        <STARS/>
                        <P>
                            (c) 
                            <E T="03">Initial emission testing.</E>
                             Prior to the start of accelerated aging conduct the initial zero-hour emission test and any required engine dynamometer aging following the requirements of the standard setting part for your engine. Dynamometer aging hours count toward the total aging hours.
                        </P>
                        <P>
                            (d) 
                            <E T="03">Accelerated aging.</E>
                             Following zero-hour emission testing and any engine dynamometer aging, perform accelerated aging using the cycle validated in either paragraph (a)(1) or (2) of this section. Repeat the cycle the number of times required to reach useful life equivalent aging. Interrupt the aging cycle as needed to conduct any scheduled intermediate emission tests, clean the DPF of accumulated ash, and for any facility-related reasons. We recommend you interrupt aging at the end of a given aging cycle, following the completion of any scheduled infrequent regeneration event. If an aging cycle is paused for any reason, we recommend that you resume the aging cycle at the same point in the cycle where it stopped to ensure consistent thermal and chemical exposure of the aftertreatment system.
                        </P>
                        <STARS/>
                    </SECTION>
                    <AMDPAR>135. Amend subpart L by adding a new center header following § 1065.1145 and adding §§ 1065.1147, 1065.1149, 1065.1151, 1065.1153, and 1065.1155 under that center header to read as follows:</AMDPAR>
                    <HD SOURCE="HD3">Accelerated Aftertreatment Aging—Spark-Ignition Aftertreatment</HD>
                    <SECTION>
                        <SECTNO>§ 1065.1147 </SECTNO>
                        <SUBJECT>General provisions related to accelerated aging of spark-ignition aftertreatment for deterioration factor determination.</SUBJECT>
                        <P>
                            Sections 1065.1147 through 1065.1155 specify procedures for spark-ignition engine aftertreatment systems to produce an aged aftertreatment system, in an accelerated fashion, for durability demonstration. Determine the target number of hours that represents useful life for an engine family as described in the standard setting part. The method described is a procedure for translating field data that represents a given application into an accelerated aging cycle for that specific application, as well as methods for carrying out aging using that cycle. The procedure is intended to be representative of field 
                            <PRTPAGE P="43282"/>
                            aging and includes exposure to elements of both thermal and chemical aging.
                        </P>
                    </SECTION>
                    <SECTION>
                        <SECTNO>§ 1065.1149 </SECTNO>
                        <SUBJECT>Standard catalyst bench-aging procedure.</SUBJECT>
                        <P>
                            This section provides a means to accelerate aging of the catalyst-plus-oxygen-sensor system on a catalyst aging bench. Accelerated aging is performed by testing the system over the standard bench cycle (SBC) based on the calculated bench aging time, 
                            <E T="03">BAT,</E>
                             which uses catalyst time-at-temperature data measured from field data over a cycle you develop or over the standard road cycle (SRC) provided in Table 1 and Figure 1 of this section. You may develop your own method to calculate bench aging with our approval. Demonstrate that your bench aging calculations provide the same or larger amount of emission deterioration as the standard bench aging procedure.
                        </P>
                        <GPOTABLE COLS="3" OPTS="L2,nj,i1" CDEF="xs40,r100,12">
                            <TTITLE>
                                Table 1 of § 1065.1149—Standard Road Cycle (SRC) 
                                <E T="01">
                                    <SU>a</SU>
                                     
                                    <SU>b</SU>
                                </E>
                            </TTITLE>
                            <BOXHD>
                                <CHED H="1">Lap</CHED>
                                <CHED H="1">Description</CHED>
                                <CHED H="1">
                                    Typical accel rate
                                    <LI>(mi/hr/s)</LI>
                                </CHED>
                            </BOXHD>
                            <ROW>
                                <ENT I="01">1</ENT>
                                <ENT>(start engine) Idle 10 sec</ENT>
                                <ENT>0</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">1</ENT>
                                <ENT>Moderate acceleration to 30 mi/hr</ENT>
                                <ENT>4</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">1</ENT>
                                <ENT>
                                    Cruise at 30 mi/hr for 
                                    <FR>1/4</FR>
                                     lap
                                </ENT>
                                <ENT>0</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">1</ENT>
                                <ENT>Moderate deceleration to 20 mi/hr</ENT>
                                <ENT>−5</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">1</ENT>
                                <ENT>Moderate acceleration to 30 mi/hr</ENT>
                                <ENT>4</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">1</ENT>
                                <ENT>
                                    Cruise at 30 mi/hr for 
                                    <FR>1/4</FR>
                                     lap
                                </ENT>
                                <ENT>0</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">1</ENT>
                                <ENT>Moderate deceleration to stop</ENT>
                                <ENT>−5</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">1</ENT>
                                <ENT>Idle for 5 seconds</ENT>
                                <ENT>0</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">1</ENT>
                                <ENT>Moderate acceleration to 35 mi/hr</ENT>
                                <ENT>4</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">1</ENT>
                                <ENT>
                                    Cruise at 35 mi/hr for 
                                    <FR>1/4</FR>
                                     lap
                                </ENT>
                                <ENT>0</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">1</ENT>
                                <ENT>Moderate deceleration to 25 mi/hr</ENT>
                                <ENT>−5</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">1</ENT>
                                <ENT>Moderate acceleration to 35 mi/hr</ENT>
                                <ENT>4</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">1</ENT>
                                <ENT>
                                    Cruise at 35 mi/hr for 
                                    <FR>1/4</FR>
                                     lap
                                </ENT>
                                <ENT>0</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">1</ENT>
                                <ENT>Moderate deceleration to stop</ENT>
                                <ENT>−5</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">2</ENT>
                                <ENT>Idle 10 sec</ENT>
                                <ENT>0</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">2</ENT>
                                <ENT>Moderate acceleration to 40 mi/hr</ENT>
                                <ENT>3</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">2</ENT>
                                <ENT>
                                    Cruise at 40 mi/hr for 
                                    <FR>1/4</FR>
                                     lap
                                </ENT>
                                <ENT>0</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">2</ENT>
                                <ENT>Moderate deceleration to 30 mi/hr</ENT>
                                <ENT>−5</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">2</ENT>
                                <ENT>Moderate acceleration to 40 mi/hr</ENT>
                                <ENT>3</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">2</ENT>
                                <ENT>
                                    Cruise at 40 mi/hr for 
                                    <FR>1/4</FR>
                                     lap
                                </ENT>
                                <ENT>0</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">2</ENT>
                                <ENT>Moderate deceleration to stop</ENT>
                                <ENT>−5</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">2</ENT>
                                <ENT>Idle for 5 seconds</ENT>
                                <ENT>0</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">2</ENT>
                                <ENT>Moderate acceleration to 45 mi/hr</ENT>
                                <ENT>3</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">2</ENT>
                                <ENT>
                                    Cruise at 45 mi/hr for 
                                    <FR>1/4</FR>
                                     lap
                                </ENT>
                                <ENT>0</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">2</ENT>
                                <ENT>Moderate deceleration to 35 mi/hr</ENT>
                                <ENT>−5</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">2</ENT>
                                <ENT>Moderate acceleration to 45 mi/hr</ENT>
                                <ENT>3</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">2</ENT>
                                <ENT>
                                    Cruise at 45 mi/hr for 
                                    <FR>1/4</FR>
                                     lap
                                </ENT>
                                <ENT>0</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">2</ENT>
                                <ENT>Moderate deceleration to stop</ENT>
                                <ENT>−5</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">3</ENT>
                                <ENT>Idle 10 sec</ENT>
                                <ENT>0</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">3</ENT>
                                <ENT>Hard acceleration to 55 mi/hr</ENT>
                                <ENT>4</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">3</ENT>
                                <ENT>
                                    Cruise at 55 mi/hr for 
                                    <FR>1/4</FR>
                                     lap
                                </ENT>
                                <ENT>0</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">3</ENT>
                                <ENT>Moderate deceleration to 45 mi/hr</ENT>
                                <ENT>−5</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">3</ENT>
                                <ENT>Moderate acceleration to 55 mi/hr</ENT>
                                <ENT>2</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">3</ENT>
                                <ENT>
                                    Cruise at 55 mi/hr for 
                                    <FR>1/4</FR>
                                     lap
                                </ENT>
                                <ENT>0</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">3</ENT>
                                <ENT>Moderate deceleration to 45 mi/hr</ENT>
                                <ENT>−5</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">3</ENT>
                                <ENT>Moderate acceleration to 60 mi/hr</ENT>
                                <ENT>2</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">3</ENT>
                                <ENT>
                                    Cruise at 60 mi/hr for 
                                    <FR>1/4</FR>
                                     lap
                                </ENT>
                                <ENT>0</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">3</ENT>
                                <ENT>Moderate deceleration to 50 mi/hr</ENT>
                                <ENT>−5</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">3</ENT>
                                <ENT>Moderate acceleration to 60 mi/hr</ENT>
                                <ENT>2</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">3</ENT>
                                <ENT>
                                    Cruise at 60 mi/hr for 
                                    <FR>1/4</FR>
                                     lap
                                </ENT>
                                <ENT>0</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">3</ENT>
                                <ENT>Moderate deceleration to stop</ENT>
                                <ENT>−4</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">4</ENT>
                                <ENT>Idle 10 sec</ENT>
                                <ENT>0</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">4</ENT>
                                <ENT>Hard acceleration to 80 mi/hr</ENT>
                                <ENT>3</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">4</ENT>
                                <ENT>Coastdown to 70 mi/hr</ENT>
                                <ENT>−1</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">4</ENT>
                                <ENT>
                                    Cruise at 70 mi/hr for 
                                    <FR>1/2</FR>
                                     lap
                                </ENT>
                                <ENT>0</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">4</ENT>
                                <ENT>Moderate deceleration to 50 mi/hr</ENT>
                                <ENT>−3</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">4</ENT>
                                <ENT>Moderate acceleration to 65 mi/hr</ENT>
                                <ENT>2</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">4</ENT>
                                <ENT>
                                    Cruise at 65 mi/hr for 
                                    <FR>1/2</FR>
                                     lap
                                </ENT>
                                <ENT>0</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">4</ENT>
                                <ENT>Moderate deceleration to 50 mi/hr</ENT>
                                <ENT>−3</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">5</ENT>
                                <ENT>Moderate acceleration to 75 mi/hr</ENT>
                                <ENT>1</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">5</ENT>
                                <ENT>
                                    Cruise at 75 mi/hr for 
                                    <FR>1/2</FR>
                                     lap
                                </ENT>
                                <ENT>0</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">5</ENT>
                                <ENT>Moderate deceleration to 50 mi/hr</ENT>
                                <ENT>−3</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">5</ENT>
                                <ENT>Light acceleration to 70 mi/hr</ENT>
                                <ENT>1</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">5</ENT>
                                <ENT>
                                    Cruise at 70 mi/hr for 
                                    <FR>1/2</FR>
                                     lap
                                </ENT>
                                <ENT>0</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">5</ENT>
                                <ENT>Moderate deceleration to 50 mi/hr</ENT>
                                <ENT>−3</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">6</ENT>
                                <ENT>Moderate acceleration to 70 mi/hr</ENT>
                                <ENT>2</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">6</ENT>
                                <ENT>Coastdown to 60 mi/hr</ENT>
                                <ENT>−1</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">6</ENT>
                                <ENT>
                                    Cruise at 60 mi/hr for 
                                    <FR>1/2</FR>
                                     lap
                                </ENT>
                                <ENT>0</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">6</ENT>
                                <ENT>Moderate deceleration to 50 mi/hr</ENT>
                                <ENT>−4</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">6</ENT>
                                <ENT>Moderate acceleration to 65 mi/hr</ENT>
                                <ENT>1</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">6</ENT>
                                <ENT>
                                    Cruise at 65 mi/hr for 
                                    <FR>1/2</FR>
                                     lap
                                </ENT>
                                <ENT>0</ENT>
                            </ROW>
                            <ROW>
                                <PRTPAGE P="43283"/>
                                <ENT I="01">6</ENT>
                                <ENT>Moderate deceleration to stop</ENT>
                                <ENT>−4</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">7</ENT>
                                <ENT>Idle 45 sec</ENT>
                                <ENT>0</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">7</ENT>
                                <ENT>Hard acceleration to 55 mi/hr</ENT>
                                <ENT>4</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">7</ENT>
                                <ENT>
                                    Cruise at 55 mi/hr for 
                                    <FR>1/4</FR>
                                     lap
                                </ENT>
                                <ENT>0</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">7</ENT>
                                <ENT>Moderate deceleration to 40 mi/hr</ENT>
                                <ENT>−5</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">7</ENT>
                                <ENT>Moderate acceleration to 55 mi/hr</ENT>
                                <ENT>2</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">7</ENT>
                                <ENT>
                                    Cruise at 55 mi/hr for 
                                    <FR>1/4</FR>
                                     lap
                                </ENT>
                                <ENT>0</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">7</ENT>
                                <ENT>Moderate deceleration to 40 mi/hr</ENT>
                                <ENT>−5</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">7</ENT>
                                <ENT>Moderate acceleration to 50 mi/hr</ENT>
                                <ENT>2</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">7</ENT>
                                <ENT>
                                    Cruise at 50 mi/hr for 
                                    <FR>1/4</FR>
                                     lap
                                </ENT>
                                <ENT>0</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">7</ENT>
                                <ENT>Moderate deceleration to 40 mi/hr</ENT>
                                <ENT>−5</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">7</ENT>
                                <ENT>Moderate acceleration to 50 mi/hr</ENT>
                                <ENT>2</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">7</ENT>
                                <ENT>
                                    Cruise at 50 mi/hr for 
                                    <FR>1/4</FR>
                                     lap
                                </ENT>
                                <ENT>0</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">7</ENT>
                                <ENT>Moderate deceleration to stop</ENT>
                                <ENT>−5</ENT>
                            </ROW>
                            <TNOTE>
                                <SU>a</SU>
                                 The engine may be run in a vehicle on a track or on a mileage accumulation dynamometer.
                            </TNOTE>
                            <TNOTE>
                                <SU>b</SU>
                                 The cycle consists of 7 laps of a 3.7-mile course. The length of the lap may be changed to accommodate the length of the service-accumulation track.
                            </TNOTE>
                        </GPOTABLE>
                        <GPH SPAN="3" DEEP="347">
                            <GID>EP14JY26.106</GID>
                        </GPH>
                        <P>
                            (a) 
                            <E T="03">Standard bench cycle (SBC).</E>
                             Perform standard catalyst bench aging by following the SBC, as described in § 1065.1153.
                        </P>
                        <P>
                            (b) 
                            <E T="03">Catalyst time-at-temperature data.</E>
                             (1) Measure the catalyst temperature over at least two full cycles of the SRC or use temperature data acquired in the field to obtain your catalyst time-at-temperature.
                        </P>
                        <P>(2) Measure the catalyst bed temperature at the highest peak temperature location in the hottest catalyst on the vehicle or engine as described in § 1065.1155(f). We recommend using thermocouples that are 1.6 mm in diameter to ensure fast response to temperature changes. Alternatively, the temperature may be measured at another location providing that it is adjusted to represent the temperature measured at the hottest location using good engineering judgement.</P>
                        <P>
                            (3) Measure the catalyst temperature at a minimum of 1 Hz.
                            <PRTPAGE P="43284"/>
                        </P>
                        <P>(4) Use the measured catalyst temperature results to generate a histogram with temperature bins of no larger than 25 °C.</P>
                        <P>
                            (c) 
                            <E T="03">Bench-aging time.</E>
                             Determine bench aging time, 
                            <E T="03">BAT,</E>
                             using the following series of equations:
                        </P>
                        <P>
                            (1) Determine the equivalent catalyst aging time, 
                            <E T="03">t</E>
                            <E T="52">e,bin,</E>
                             at the effective reference temperature, 
                            <E T="03">T</E>
                            <E T="52">r</E>
                            , on the catalyst aging bench using the catalyst aging cycle to produce the same amount of deterioration experienced by the catalyst due to thermal deactivation at the temperature bin, 
                            <E T="03">T</E>
                            <E T="52">v</E>
                            , over the vehicle's useful life.
                        </P>
                        <GPH SPAN="1" DEEP="71">
                            <GID>EP14JY26.107</GID>
                        </GPH>
                        <EXTRACT>
                            <FP SOURCE="FP-2">Where:</FP>
                            <FP SOURCE="FP-2">
                                <E T="03">t</E>
                                <E T="52">h</E>
                                 = time measured within the prescribed temperature bin of the vehicle's catalyst temperature histogram adjusted to a full useful life basis, in hours. For example, if the histogram represented 400 miles, and full useful life was 100,000 miles; all histogram time entries would be multiplied by 250 (100,000/400).
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="03">R</E>
                                 = catalyst thermal reactivity coefficient = 17,500 for the SBC. You may optionally develop your own coefficient using the procedure described in § 1065.1151.
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="03">T</E>
                                <E T="52">r</E>
                                 = the effective reference temperature of the catalyst on the catalyst bench run on the bench aging cycle, in °K. The effective temperature is the constant temperature that would result in the same amount of aging as the various temperatures experienced during the bench aging cycle.
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="03">T</E>
                                <E T="52">v</E>
                                 = the mid-point temperature of the temperature bin of the vehicle or engine catalyst temperature histogram, in °K.
                            </FP>
                        </EXTRACT>
                        <P>
                            (2) Determine the equivalent time to age the catalyst at the temperature of 
                            <E T="03">T</E>
                            <E T="52">r</E>
                             on the catalyst aging bench using the catalyst aging cycle, 
                            <E T="03">t</E>
                            <E T="52">e,total</E>
                            . This equivalent time is determined by summing the time for all temperature bin results from Eq. 1065.1149-1 which will result in the same amount of deterioration experienced by the catalyst due to thermal deactivation over the vehicle's full useful life.
                        </P>
                        <GPH SPAN="1" DEEP="65">
                            <GID>EP14JY26.108</GID>
                        </GPH>
                        <EXTRACT>
                            <FP SOURCE="FP-2">Where:</FP>
                            <FP SOURCE="FP-2">
                                <E T="03">n</E>
                                 = total number of temperature bins.
                            </FP>
                            <FP SOURCE="FP-2">
                                <E T="03">i</E>
                                 = an indexing variable that represents one temperature bin.
                            </FP>
                            <P>
                                (3) Determine 
                                <E T="03">BAT</E>
                                .
                            </P>
                        </EXTRACT>
                        <GPH SPAN="1" DEEP="40">
                            <GID>EP14JY26.109</GID>
                        </GPH>
                        <EXTRACT>
                            <FP SOURCE="FP-2">Where:</FP>
                            <FP SOURCE="FP-2">
                                <E T="03">A</E>
                                 = catalyst aging adjustment time to account for deterioration from sources other than thermal aging of the catalyst = 1.1. You may develop your own adjustment factor using good engineering judgement, without prior EPA approval, to ensure that the durability process will achieve the durability objective of § 1065.1147. You may account for chemical aging using fuel with additional compounds that may lead to catalyst poisoning, such as phosphorus, sulfur or lead. If you choose this option, you must calculate a new, 
                                <E T="03">A,</E>
                                 and ensure that the durability objective of this section is achieved.
                            </FP>
                        </EXTRACT>
                        <P>
                            (d) 
                            <E T="03">Effective reference temperature on the SBC.</E>
                             Determine the effective reference temperature of the standard bench cycle (SBC) for the actual catalyst system design and actual aging bench used, using the following procedures:
                        </P>
                        <P>(1) Measure the catalyst system time-at-temperature while being tested on the catalyst aging bench over the SBC.</P>
                        <P>(i) Measure catalyst temperature at the highest peak temperature location of the hottest catalyst in the system. Alternatively, the temperature may be measured at another location providing that it is adjusted to represent the temperature measured at the hottest location using good engineering judgement.</P>
                        <P>(ii) Measure catalyst temperature at 1 Hz for at least 20 minutes of bench aging cycle.</P>
                        <P>(iii) Use the measured catalyst temperature results to generate a histogram with temperature bins of no larger than 10 °C.</P>
                        <P>
                            (2) Use Eq. 1065.1149-1 to iteratively calculate the effective reference temperature by changing the reference temperature, 
                            <E T="03">T</E>
                            <E T="52">r</E>
                            , until the calculated aging time equals the actual time represented in the catalyst temperature histogram. The resulting temperature is the effective reference temperature on the SBC for that catalyst system and aging bench.
                        </P>
                        <P>
                            (e) 
                            <E T="03">Catalyst aging bench.</E>
                             Use good engineering judgement to design a catalyst aging bench that follows the SBC and delivers the appropriate exhaust constituents and exhaust temperature to the face of the catalyst. Use good engineering judgment to select an appropriate exhaust flow. Good engineering judgment would include selecting an exhaust flow equal to the average exhaust flow over the road cycle, within ±10%.
                        </P>
                        <P>(1) Design your catalyst aging bench as described in § 1065.1155. You may use another design that results in equivalent or superior results with our prior approval.</P>
                        <P>(2) Design your catalyst aging bench to record appropriate information such as lambda and catalyst time-at-temperature to ensure that sufficient aging has occurred.</P>
                    </SECTION>
                    <SECTION>
                        <SECTNO>§ 1065.1151 </SECTNO>
                        <SUBJECT>Experimentally determining the catalyst thermal reactivity coefficient (R) for bench aging durability procedures.</SUBJECT>
                        <P>If you choose not to use the default catalyst thermal reactivity coefficient that follows in Eq. 1065.1149-1, experimentally determine the coefficient using the following procedure:</P>
                        <P>(a) Use the applicable bench cycle and aging bench hardware to age at least three catalysts at different control temperatures ranging between the normal operating temperature and the damage limit temperature. Measure emissions during this aging for all regulated pollutants. Ensure that the final testing yields emission data between one- and two-times the standard.</P>
                        <P>
                            (b) Estimate the catalyst thermal reactivity coefficient and calculate the effective reference temperature, 
                            <E T="03">T</E>
                            <E T="52">r</E>
                            , for the bench aging cycle for each control temperature according to the procedure described in § 1065.1149(d).
                        </P>
                        <P>(c) Generate a plot of emissions (or catalyst inefficiency) versus aging time for each catalyst. Calculate the least-squared best-fit line through the data. The data should have a common intercept between 0 and 4000 miles. The following figure provides an example of the plot:</P>
                        <GPH SPAN="3" DEEP="289">
                            <PRTPAGE P="43285"/>
                            <GID>EP14JY26.110</GID>
                        </GPH>
                        <P>(d) Calculate the slope of the best-fit line for each aging temperature.</P>
                        <P>(e) Plot the natural log (ln) of the slope of each best-fit line determined in paragraph (d) of this section along the vertical axis, versus the inverse of aging temperature (1/(aging temperature, °K)) along the horizontal axis. Calculate the least-squared best-fit lines through the data. The slope of the line is the catalyst thermal reactivity coefficient. The following figure provides an example of the plot:</P>
                        <GPH SPAN="3" DEEP="322">
                            <PRTPAGE P="43286"/>
                            <GID>EP14JY26.111</GID>
                        </GPH>
                        <P>(f) Compare the catalyst thermal reactivity coefficient to the initial value that was used in paragraph (b) of this section. If the calculated catalyst thermal reactivity coefficient differs from the initial value by more than 5%, choose a new coefficient that is between the initial and calculated values, then repeat the steps in paragraphs (b) through (f) of this section to derive a new coefficient. Repeat this process until the calculated catalyst thermal reactivity coefficient is within 5% of the initially assumed coefficient.</P>
                        <P>(g) Compare the catalyst thermal reactivity coefficient determined separately for each constituent. Use the lowest catalyst thermal reactivity coefficient for calculating BAT.</P>
                    </SECTION>
                    <SECTION>
                        <SECTNO>§ 1065.1153 </SECTNO>
                        <SUBJECT>Standard bench cycle (SBC).</SUBJECT>
                        <P>The standard bench aging durability procedure consists of aging a catalyst-oxygen-sensor system on an aging bench that follows the SBC.</P>
                        <P>(a) The SBC requires use of an aging bench (exhaust gas generator) with an engine or burner as the source of feed gas for the catalyst.</P>
                        <P>(b) The SBC is a 60-second cycle which is repeated on the aging bench for the duration of the procedure. The SBC is defined based on the duration of a given operating mode and associated catalyst bed temperature, exhaust lambda, and the amount of secondary air injection added upstream of the catalyst. Maintain the exhaust flow rate as described in § 1065.1149(e). You may develop and use your own bench cycle with our approval. Demonstrate that your bench cycle provides the same or a larger amount of emission deterioration as the standard bench cycle.</P>
                        <P>(c) Instrument the catalyst to measure the bed temperature at the location where the highest peak bed temperature occurs in the hottest catalyst. Alternatively, measure the feed gas temperature and convert it to catalyst bed temperature using a linear transform calculated from correlation data collected on the catalyst design and aging bench used in the aging process.</P>
                        <P>
                            (d) Control the catalyst bed temperature at stoichiometric conditions (Mode 1), 
                            <E T="03">T</E>
                            <E T="52">lambda1</E>
                            , to a minimum of 800 °C (±10 °C) by selecting the appropriate operating conditions (fueling and air flow) for the aging bench. Note that the catalyst bed temperature might be out of tolerance in Mode 1 initially after the transition from Mode 4. Control the maximum catalyst temperature that occurs during the cycle, 
                            <E T="03">T</E>
                            <E T="52">lambdarich</E>
                            , to 890 °C (±10 °C) by selecting the appropriate aging bench lambda during the “rich” phase described in the table below. Note that the temperatures given in this paragraph are based on neat (E0) gasoline and the temperatures will change with fuel type.
                        </P>
                        <P>(e) If a Mode 1 target catalyst bed temperature other than 800 °C is utilized, set the high control temperature to 90 °C greater than the Mode 1 catalyst bed temperature.</P>
                        <GPOTABLE COLS="4" OPTS="L2,nj,i1" CDEF="s25,12,r150,r50">
                            <TTITLE>Table 1 of § 1065.1153—Standard Bench Cycle (SBC)</TTITLE>
                            <BOXHD>
                                <CHED H="1">Mode</CHED>
                                <CHED H="1">
                                    Time
                                    <LI>(seconds)</LI>
                                </CHED>
                                <CHED H="1">Aging bench operating conditions</CHED>
                                <CHED H="1">Secondary air injection</CHED>
                            </BOXHD>
                            <ROW>
                                <ENT I="01">1</ENT>
                                <ENT>1-40</ENT>
                                <ENT>Lambda = 1 with operating conditions set to achieve the targeted catalyst bed temperature (typically a minimum of 800 °C) and exhaust flow rate</ENT>
                                <ENT>None.</ENT>
                            </ROW>
                            <ROW>
                                <PRTPAGE P="43287"/>
                                <ENT I="01">2</ENT>
                                <ENT>41-45</ENT>
                                <ENT>Same as Mode 3</ENT>
                                <ENT>None.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">3</ENT>
                                <ENT>46-55</ENT>
                                <ENT>“Rich” (lambda selected to achieve a maximum catalyst temperature over the entire cycle of 890 °C, or 90 °C higher than low control temperature)</ENT>
                                <ENT>3% (±0.1%).</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">4</ENT>
                                <ENT>56-60</ENT>
                                <ENT>Same as Mode 1</ENT>
                                <ENT>3% (±0.1%).</ENT>
                            </ROW>
                        </GPOTABLE>
                        <GPH SPAN="3" DEEP="332">
                            <GID>EP14JY26.112</GID>
                        </GPH>
                    </SECTION>
                    <SECTION>
                        <SECTNO>§ 1065.1155 </SECTNO>
                        <SUBJECT>Aging bench equipment and procedures.</SUBJECT>
                        <P>This section provides specifications for the standard aging bench equipment and aging procedures used to conduct catalyst bench aging under the provisions of § 1065.1147.</P>
                        <P>(a) Design the aging bench to provide the appropriate temperature, lambda, exhaust constituents and secondary air injection at the inlet face of the catalyst. Maintain the exhaust flow rate as described in § 1065.1149(e).</P>
                        <P>(b) The standard aging bench consists of an engine, engine controller, and engine dynamometer. You may use other configurations, such as a burner that provides the correct exhaust conditions, as long as the catalyst inlet conditions and control features specified in this section are met. You may split the exhaust flow into multiple streams to simultaneously age multiple catalyst systems.</P>
                        <P>(c) Use the appropriate fuel specified in §§ 1065.710(b), 1065.715, or 1065.720. Use good engineering judgment to select a representative commercial oil to use in the engine.</P>
                        <P>(d) Install the entire catalyst(s)-plus-oxygen-sensor(s) system, together with all exhaust piping which connects these components, on the bench. Install each bank of the exhaust system separately on the bench for engines with multiple exhaust streams. You may request approval to age the oxygen sensor system separately.</P>
                        <P>(e) Install the entire catalyst system as a unit for aging; including all catalysts, all oxygen sensors (if not aged separately) and the associated exhaust piping for exhaust systems that contain multiple in-line catalysts. You may shorten the distance between the emission source and catalyst as needed to accommodate installation. Alternatively, each individual catalyst may be separately aged for the appropriate period of time.</P>
                        <P>(f) Measure catalyst temperature using a thermocouple placed in the catalyst bed at the location where the highest peak temperature occurs in the hottest catalyst. We recommend using thermocouples that are 1.6 mm in diameter to ensure fast response to temperature changes. Record catalyst temperature at 1 Hz during the aging procedure.</P>
                        <P>(g) Measure lambda as close as possible to the catalyst inlet flange at 1 Hz during the aging procedure.</P>
                        <P>
                            (h) Maintain exhaust flow rate as described in § 1065.1149(e). Determine proper flow rate based upon the exhaust flow that would occur at the engine's steady state speed and load selected for 
                            <PRTPAGE P="43288"/>
                            the bench aging in paragraph (i) of this section.
                        </P>
                        <P>(i) Set the engine speed, load, and spark timing to achieve a catalyst bed temperature of 800 ±10 °C at steady-state stoichiometric operation.</P>
                        <P>(j) Set the air injection system to produce 3.0 ±0.3% oxygen in the steady-state stoichiometric exhaust stream. Use good engineering judgment to locate the secondary air injection point at a position upstream of the catalyst to ensure well mixed exhaust. A typical reading at the upstream measurement point is lambda 1.16, which equates to approximately 3% oxygen. Measure the oxygen concentration resulting from the secondary air injection (10 to 20) mm downstream of the secondary air injection point.</P>
                        <P>(k) Set the “Rich” lambda, with the air injection on, to produce a catalyst bed temperature of 890 ±10 °C. A typical lambda value for this step is 0.94, which equates to approximately 2% CO.</P>
                        <P>(l) The standard bench aging procedure uses the SBC in § 1065.1153. Repeat the SBC until the amount of aging calculated from Eq. 1065.1149-3 is achieved.</P>
                        <P>(m) Periodically verify the temperature, lambda, and exhaust flow rate values from paragraphs (f), (g), and (h) of this section at least every 50 hours during aging. Make adjustments as necessary to ensure that the SBC is properly followed throughout the aging process.</P>
                        <P>
                            (n) Once the aging cycle is complete, generate a histogram of the catalyst time-at-temperature from the data collected during the aging process with temperature bins of no larger than 10 °C. Verify that the appropriate amount of thermal aging of the catalyst occurred using the 
                            <E T="03">BAT</E>
                             value from Eq. 1065.1149-3 and the calculated effective reference temperature for the aging cycle from § 1065.1149(d). Extend the bench aging if the thermal effect of the calculated aging time is not at least 95% of the target thermal aging.
                        </P>
                        <P>
                            (o) Use special low temperature startup and shutdown procedures to ensure that the maximum catalyst temperature for rapid deterioration (
                            <E T="03">e.g.,</E>
                             1050 °C) does not occur.
                        </P>
                    </SECTION>
                    <AMDPAR>136. A new part 1071 is added to subchapter U of chapter I to read as follows:</AMDPAR>
                    <PART>
                        <HD SOURCE="HED">PART 1071—NONCONFORMANCE PENALTIES</HD>
                        <CONTENTS>
                            <SUBPART>
                                <HD SOURCE="HED">Subpart A—Program Overview</HD>
                                <SECTNO>1071.1 </SECTNO>
                                <SUBJECT>Applicability and general provisions.</SUBJECT>
                                <SECTNO>1071.5 </SECTNO>
                                <SUBJECT>Criteria for adopting nonconformance penalties.</SUBJECT>
                                <SECTNO>1071.10 </SECTNO>
                                <SUBJECT>Establishing Upper Limits.</SUBJECT>
                                <SECTNO>1071.15 </SECTNO>
                                <SUBJECT>Qualifying for nonconformance penalties.</SUBJECT>
                            </SUBPART>
                            <SUBPART>
                                <HD SOURCE="HED">Subpart B—Compliance Provisions</HD>
                                <SECTNO>1071.30 </SECTNO>
                                <SUBJECT>General provisions for Production Compliance Audits.</SUBJECT>
                                <SECTNO>1071.35 </SECTNO>
                                <SUBJECT>Maintenance and testing procedures for Production Compliance Audits.</SUBJECT>
                                <SECTNO>1071.40 </SECTNO>
                                <SUBJECT>Determining the Compliance Level.</SUBJECT>
                                <SECTNO>1071.45 </SECTNO>
                                <SUBJECT>Fail thresholds.</SUBJECT>
                                <SECTNO>1071.50 </SECTNO>
                                <SUBJECT>Test reporting.</SUBJECT>
                                <SECTNO>1071.55 </SECTNO>
                                <SUBJECT>Recordkeeping.</SUBJECT>
                                <SECTNO>1071.60 </SECTNO>
                                <SUBJECT>EPA testing.</SUBJECT>
                                <SECTNO>1071.65 </SECTNO>
                                <SUBJECT>Labeling.</SUBJECT>
                            </SUBPART>
                            <SUBPART>
                                <HD SOURCE="HED">Subpart C—Penalty Provisions</HD>
                                <SECTNO>1071.80 </SECTNO>
                                <SUBJECT>Penalty parameters for specific standards.</SUBJECT>
                                <SECTNO>1071.85 </SECTNO>
                                <SUBJECT>Calculating the nonconformance penalty.</SUBJECT>
                                <SECTNO>1071.90 </SECTNO>
                                <SUBJECT>Making payments.</SUBJECT>
                            </SUBPART>
                            <SUBPART>
                                <HD SOURCE="HED">Subpart D—Administrative Provisions</HD>
                                <SECTNO>1071.100 </SECTNO>
                                <SUBJECT>Entry and access.</SUBJECT>
                                <SECTNO>1071.105 </SECTNO>
                                <SUBJECT>Suspending and voiding certificates of conformity.</SUBJECT>
                                <SECTNO>1071.110 </SECTNO>
                                <SUBJECT>Hearing procedures.</SUBJECT>
                                <SECTNO>1071.115 </SECTNO>
                                <SUBJECT>Confidential information.</SUBJECT>
                                <SECTNO>1071.120 </SECTNO>
                                <SUBJECT>List of acronyms.</SUBJECT>
                                <HD SOURCE="HD1">Appendix A to Part 1071—Penalty Parameter Values for Historical Standards</HD>
                            </SUBPART>
                        </CONTENTS>
                        <AUTH>
                            <HD SOURCE="HED">Authority:</HD>
                            <P> 42 U.S.C. 7401-7671q.</P>
                        </AUTH>
                        <SUBPART>
                            <HD SOURCE="HED">Subpart A—Program Overview</HD>
                            <SECTION>
                                <SECTNO>§ 1071.1 </SECTNO>
                                <SUBJECT>Applicability and general provisions.</SUBJECT>
                                <P>(a) This part describes how nonconformance penalties apply for qualifying motor vehicles and motor vehicle engines. Nonconformance penalties allow manufacturers to produce vehicles or engines that do not meet new emission standards, with the penalty designed to avoid a competitive advantage from producing higher-emitting vehicles or engines.</P>
                                <P>(b) Nonconformance penalties may apply relative to new standards that apply for motor vehicles above 6,000 pounds GVWR and for engines that will be installed in such vehicles. Nonconformance penalties apply for specific emission standards and for specific classes of vehicles and engines as specified in this part. We may establish nonconformance penalties by dividing vehicles into classes based on any relevant parameters.</P>
                                <P>(c) Participating manufacturers determine a Compliance Level to characterize the level of emission control as described in subpart B of this part. The amount of the penalty is calculated by comparing the Compliance Level to the published emission standard as described in subpart C of this part. The Compliance Level also serves as the emission standard for compliance testing with individual vehicles or engines.</P>
                                <P>(d) Unless we specify otherwise, send all reports and requests for approval to the Designated Compliance Officer (see 40 CFR 1068.30). See §§ 1071.50 and 1071.55 for specific reporting and recordkeeping provisions.</P>
                                <P>(e) All terms in this part have the meaning given in the Clean Air Act (42 U.S.C. 7401-7671q). The following conventions and definitions apply for this part:</P>
                                <P>(1) The term “you” means the manufacturer certifying vehicles or engines with nonconformance penalties as specified in this part.</P>
                                <P>(2) References to “NCP families” are understood to include engine families for engine-based exhaust emission standards for vehicle-based evaporative and refueling emission standards. References to “NCP families” are also understood to include test groups and durability groups for vehicle-based exhaust emission standards.</P>
                                <P>
                                    (3) 
                                    <E T="03">Good engineering judgment</E>
                                     has the meaning given in 40 CFR 1068.30.
                                </P>
                                <P>
                                    (4) 
                                    <E T="03">Round</E>
                                     has the meaning given in 40 CFR 1065.1001.
                                </P>
                                <P>
                                    (5) 
                                    <E T="03">Configuration</E>
                                     has one of the following meanings:
                                </P>
                                <P>(i) For vehicle-based standards, configuration has the meaning given for “vehicle configuration” in 40 CFR 86.1803-01.</P>
                                <P>(ii) For engine-based standards, configuration has the meaning given for “engine configuration” in 40 CFR 1036.801.</P>
                            </SECTION>
                            <SECTION>
                                <SECTNO>§ 1071.5 </SECTNO>
                                <SUBJECT>Criteria for adopting nonconformance penalties.</SUBJECT>
                                <P>We will determine whether nonconformance penalties are appropriate for a given emission standard for a given class of vehicles or engines as described in this section based on our evaluation of criteria designed to assess the likelihood that a manufacturer will be technologically unable to meet the emission standard on time.</P>
                                <P>
                                    (a) 
                                    <E T="03">Criteria.</E>
                                     We will establish a nonconformance penalty if the following three criteria apply:
                                </P>
                                <P>
                                    (1) There is a new emission standard. The new emission standard may result from adopting a standard that is more stringent than what we adopted previously. An existing emission standard might also be considered new if meeting that standard becomes more difficult because of a new or revised standard for a different pollutant. An emission standard is no longer new under this paragraph (a)(1) when all manufacturers already producing U.S.-directed vehicles or engines within the 
                                    <PRTPAGE P="43289"/>
                                    class comply with the standard without using emission credits.
                                </P>
                                <P>(2) Meeting the relevant standard requires (or required) application of new technology or significant modification of existing technology, as evaluated from the point at which we adopted the new standard (or from the point at which we adopted an emission standard for a different pollutant that made it more difficult to meet the relevant standard).</P>
                                <P>(3) There is a manufacturer that is unable, or will likely be unable, for technological reasons to meet the emission standard for one or more vehicle or engine models within the class.</P>
                                <P>
                                    (b) 
                                    <E T="03">Evaluation.</E>
                                     We will evaluate the criteria in paragraph (a) of this section based on any available information. We will not establish a nonconformance penalty if we determine that any of the specified criteria do not apply. We may establish a nonconformance penalty if we determine that the criterion in paragraph (a)(3) applies even if we are uncertain whether one or both criteria in paragraphs (a)(1) and (2) apply. If we determine that a manufacturer will fail to meet a standard, we may establish a nonconformance penalty even if we are not certain that the failure is for technological reasons.
                                </P>
                            </SECTION>
                            <SECTION>
                                <SECTNO>§ 1071.10 </SECTNO>
                                <SUBJECT>Establishing Upper Limits.</SUBJECT>
                                <P>A vehicle or engine you certify with a nonconformance penalty must have a Compliance Level that is at or below an Upper Limit that we establish by rulemaking. This section describes how we establish the Upper Limit.</P>
                                <P>(a) The Upper Limit will generally be the previous emission standard. We may select a more stringent Upper Limit if we determine that all the vehicles or engines in the class can meet the more stringent Upper Limit. Conversely, we may select an appropriately less stringent Upper Limit if we determine that not all the vehicles or engines in the class can meet the previous standard.</P>
                                <P>(b) The following provisions apply for carryover NCP families certified to the relevant emission standard with a Family Emission Limit:</P>
                                <P>(1) Except as specified in paragraph (b)(2) of this section, if the Family Emission Limit is above the previous emission standard, we may set the Upper Limit for that NCP family to be equal to the Family Emission Limit.</P>
                                <P>(2) If the Upper Limit under paragraph (a) of this section is more stringent than the previous emission standard, the Upper Limit for the carryover NCP family is the previous emission standard.</P>
                                <P>(c) We will set an appropriate Upper Limit if there is no previous standard, or if the nonconformance penalty is based on an existing standard becoming more difficult because of a new or revised standard for a different pollutant.</P>
                            </SECTION>
                            <SECTION>
                                <SECTNO>§ 1071.15 </SECTNO>
                                <SUBJECT>Qualifying for nonconformance penalties.</SUBJECT>
                                <P>This section describes how you may produce vehicles or engines that comply using nonconformance penalties under this part in spite of exceeding an emission standard.</P>
                                <P>(a) Nonconformance penalties are available for the following standards and classes of vehicles or engines:</P>
                                <P>
                                    (1) Medium HDE subject to the 35 mg/hp⋅hr NO
                                    <E T="52">X</E>
                                     standard in 40 CFR 1036.104.
                                </P>
                                <P>
                                    (2) Heavy HDE subject to the 35 mg/hp⋅hr NO
                                    <E T="52">X</E>
                                     standard in 40 CFR 1036.104.
                                </P>
                                <P>(b) Vehicles and engines you certify using nonconformance penalties must be in their own engine family or test group. We refer to these separately certified groups of vehicles and engines as NCP families. Vehicles and engines you certify using emission credits are not eligible for nonconformance penalties.</P>
                                <P>(c) You are eligible to produce vehicles or engines with a Compliance Level up to the Upper Limit as described in this section in either of the following circumstances:</P>
                                <P>(1) Your application for certification has a certified emission level that exceeds an emission standard identified in paragraph (a) of this section, but it is at or below the associated Upper Limit. Note that this may occur if you otherwise would need to amend an existing application for certification to include a new or modified configuration that has a certified emission level that exceeds an emission standard identified in paragraph (a) of this section.</P>
                                <P>(2) One of your test groups or engine families fails a Selective Enforcement Audit under 40 CFR part 86, subpart G, or part 1068, subpart E, with respect to a standard identified in paragraph (a) of this section.</P>
                                <P>(d) The following requirements apply with respect to vehicles and engines qualifying for nonconformance penalties under this part:</P>
                                <P>(1) You must establish a Compliance Level as described in subpart B of this part that is at or below the Upper Limit. You must also send us test results and keep records associated with Production Compliance Audits, as applicable.</P>
                                <P>(3) You must label vehicles or engines as described in § 1071.65.</P>
                                <P>(4) You must make timely payments as described in §§ 1071.85 and 1071.90.</P>
                            </SECTION>
                        </SUBPART>
                        <SUBPART>
                            <HD SOURCE="HED">Subpart B—Compliance Provisions</HD>
                            <SECTION>
                                <SECTNO>§ 1071.30 </SECTNO>
                                <SUBJECT>General provisions for Production Compliance Audits.</SUBJECT>
                                <P>Unless otherwise specified in § 1071.80, the Compliance Level for establishing a per-vehicle or per-engine nonconformance penalty under this part is based on test results from Production Compliance Audits. Paragraphs (a) and (b) of this section describe administrative and procedural provisions that apply for two different scenarios.</P>
                                <P>(a) You may start to produce vehicles or engines with a certified emission level exceeding an emission standard as described in § 1071.15(c)(1) under a certificate of conformity that is subject to the following conditions:</P>
                                <P>(1) You must agree to conduct a Performance Compliance Audit as described in § 1071.35. The Compliance Level from the tested configurations applies for the whole NCP family unless we approve your proposed approach to test additional configurations and divide different configurations across the NCP family into subfamilies based on similar emission characteristics for establishing different Compliance Levels.</P>
                                <P>(2) You must agree to pay the nonconformance penalty resulting from the Production Compliance Audit for each affected vehicle or engine you produce, subject to the hearing provisions in § 1071.110.</P>
                                <P>(3) You must agree to meet recall requirements for all affected configurations with a Compliance Level that exceeds the Upper Limit. Recall requirements are in 40 CFR part 85, subpart S, for vehicles and in 40 CFR part 1068, subpart F, for engines. Recall requirements apply without a separate EPA determination under 40 CFR 85.1802(a) or 1068.505(a).</P>
                                <P>(4) You must start to select and test vehicles or engines within five days after you start to produce affected vehicles or engines, unless we agree to allow additional time.</P>
                                <P>(5) If the Production Compliance Audit results in a Compliance Level at or below the emission standard, you may produce vehicles or engines for all affected configurations under the existing certificate of conformity and the conditions in paragraph (a)(2) and (3) of this section do not apply.</P>
                                <P>
                                    (6) You may add a configuration to an NCP family certified with nonconformance penalties or change a configuration already included in the NCP family by amending your application for certification as described in 40 CFR 86.1842-01 for vehicles and for engines as described in 40 CFR 
                                    <PRTPAGE P="43290"/>
                                    1036.225 for engines, subject to the following conditions:
                                </P>
                                <P>(i) If the existing Compliance Level continues to be appropriate for the new or changed configuration, you may treat those vehicles or engines like the others in the NCP family.</P>
                                <P>(ii) If your new or changed configuration fully complies with current emission standards, you may certify those vehicles or engines in a separate family that is not subject to nonconformance penalties.</P>
                                <P>(iii) You may perform a Production Compliance Audit as described in § 1071.35 with vehicles or engines in the new or changed configuration (or configurations) to establish a Compliance Level. If the Compliance Level for the new or changed configuration is lower than the earlier Compliance Level but still does not meet current emission standards, you may include affected vehicles or engines in a new subfamily that uses the new Compliance Level.</P>
                                <P>(b) If a vehicle or engine family fails a Selective Enforcement Audit as described in § 1071.15(c)(2), you may establish an NCP family and continue to produce vehicles or engines from the NCP family, subject to the following conditions:</P>
                                <P>(1) Within five days after you conclude the Selective Enforcement Audit, send us a written report describing your plan to conduct a Production Compliance Audit, including the date you will start testing. If the Selective Enforcement Audit was conducted on an engine family with a certified emission level at or below emission standards, state that you intend to continue production without making changes to remedy the nonconformity while you conduct a Production Compliance Audit.</P>
                                <P>(2) You must agree to pay the Nonconformance Penalty resulting from the Production Compliance Audit for each affected vehicle or engine you produce, subject to the hearing provisions in § 1071.110.</P>
                                <P>(3) You must agree to meet recall requirements as described in paragraph (a)(3) of this section.</P>
                                <P>(4) You must select vehicles or engines for the Production Compliance Audit that you produced with the same configuration (or configurations) as you tested in the Selective Enforcement Audit. Unless we instruct otherwise, the provisions of the test order for the Selective Enforcement Audit apply equally for the Production Compliance Audit.</P>
                                <P>(5) You must start to select and test vehicles or engines within ten days after you conclude the Selective Enforcement Audit, unless we agree to allow additional time.</P>
                                <P>(6) Include measured values from the Selective Enforcement Audit along with test results from the Production Compliance Audit to determine the Compliance Level under § 1071.40.</P>
                                <P>(7) If the Selective Enforcement Audit was conducted on a vehicle family or engine family already subject to a Nonconformance Penalty and the Production Compliance Audit results in a Compliance Level at or below the emission standard, you no longer need to pay Nonconformance Penalties for vehicles or engines demonstrated to meet emission standards.</P>
                                <P>(c) You are disqualified from pursuing nonconformance penalties under this part if you fail to meet a deadline to start testing or if you fail to meet a deadline to send us a report after concluding a Selective Enforcement Audit, unless you convince us that the delay was justified. You are similarly disqualified from establishing a reduced Compliance Level under paragraph (b) of this section if you fail to meet a deadline to start testing or if you fail to meet a deadline to send us a report after concluding a Selective Enforcement Audit.</P>
                            </SECTION>
                            <SECTION>
                                <SECTNO>§ 1071.35 </SECTNO>
                                <SUBJECT>Maintenance and testing procedures for Production Compliance Audits.</SUBJECT>
                                <P>(a) If you perform a Production Compliance Audit, we will send you instructions that are analogous to a test order for a Selective Enforcement Audit under 40 CFR part 1068, subpart E. Testing will generally require that you measure emissions of all regulated pollutants.</P>
                                <P>(b) Select and prepare vehicles or engines for testing as described in 40 CFR 1068.410. Our test order will address selection criteria for establishing a test sample that properly represents the NCP family.</P>
                                <P>(c) Test vehicles or engines as described in 40 CFR 1068.415; however, for vehicle testing, the default minimum testing rate is four vehicles per day. Measurements generally involve testing vehicles as described in 40 CFR part 86, subpart S, and 40 CFR part 1066, and testing engines as described in 40 CFR part 1036, subpart F, and 40 CFR part 1065.</P>
                                <P>(d) You must take all necessary steps to complete the audit without delay.</P>
                                <P>(e) You may ship a tested vehicle or engine before establishing the Compliance Level under § 1071.40 only if it has deteriorated emission results at or below applicable emission standards. You may not retest any vehicle or engine after you ship it.</P>
                            </SECTION>
                            <SECTION>
                                <SECTNO>§ 1071.40 </SECTNO>
                                <SUBJECT>Determining the Compliance Level.</SUBJECT>
                                <P>Determine the Compliance Level for the NCP family based on test results from a sample of vehicles or engines as described in this section. You may select a Compliance Level above the value you determine from testing under this section, as long as it is below the Upper Limit.</P>
                                <P>(a) Establish final deteriorated test results for each tested vehicle or engine as follows:</P>
                                <P>(1) The initial test result is the measured value from testing for comparing to the standard as described in § 1071.35. Determine the final test result by summing the initial test results from all the tests for a given vehicle or engine, dividing by the number of tests, and rounding to one more decimal place than the applicable standard.</P>
                                <P>(2) Apply the NCP family's multiplicative or additive deterioration factor to the final test result, along with any infrequent regeneration adjustment factors from your application for certification, to determine the final deteriorated test result. Round the final deteriorated test results to the same number of decimal places as the applicable standard.</P>
                                <P>(b) The Compliance Level is intended to represent the 60th percentile deteriorated emission level for a population. Except as specified in paragraph (c) of this section, determine the Compliance Level using the following primary sampling and calculation method:</P>
                                <P>(1) Determine final deteriorated test results for at least 24 vehicles or engines. If the Production Compliance Audit follows an NCP family failing a Selective Enforcement Audit, consider all the tests from the Selective Enforcement Audit to be part of the Production Compliance Audit under this paragraph (b); you must conduct additional testing for the Production Compliance Audit only as needed to test 24 vehicles or engines.</P>
                                <P>(2) Arrange the final deteriorated test results from all test vehicles or engines from the lowest to the highest value. Determine the Compliance Level based on the 60th percentile deteriorated emission level as follows:</P>
                                <P>(i) If there were exactly 24 test vehicles or engines, the Compliance Level is the final deteriorated test result for vehicle or engine number 15 in the sequence (where engine number 1 has the lowest final deteriorated test result).</P>
                                <P>
                                    (ii) If there were more than 24 test vehicles or engines, multiply the total number of test vehicles or engines by 0.6 and express the result as a ceiling function to the nearest whole number. 
                                    <PRTPAGE P="43291"/>
                                    For example, the Compliance Level is the final deteriorated test result for vehicle or engine number 17 in the sequence if the total number of test vehicles or engines is either 27 (27 × 0.6 = 16.2) or 28 (28 × 0.6 = 16.8).
                                </P>
                                <P>(c) You may determine the Compliance Level based on either of the alternative sampling methods for reduced testing in paragraph (c)(1) or (2) of this section. You may start with an alternative sampling method and expand your testing to instead determine the Compliance Level based on testing at least 24 vehicles or engines as described in paragraph (b) of this section. If the Production Compliance Audit follows an NCP family failing a Selective Enforcement Audit, consider all the tests from the Selective Enforcement Audit to be part of the Production Compliance Audit under this paragraph (c).</P>
                                <P>(1) The fixed reduced sampling plan applies as follows:</P>
                                <P>(i) Select at least three and up to 23 vehicles or engines for testing.</P>
                                <P>(ii) Calculate the Compliance Level, CL, based on the cumulative sample of tested vehicles or engines using the following equation, rounding the result to the same number of decimal places as the emission standard:</P>
                                <GPH SPAN="1" DEEP="39">
                                    <GID>EP14JY26.113</GID>
                                </GPH>
                                <EXTRACT>
                                    <FP SOURCE="FP-2">Where:</FP>
                                    <FP SOURCE="FP-2">
                                        <E T="7503">e</E>
                                        = The arithmetic mean of final deteriorated test results from the set of tested vehicles or engines. See 40 CFR 1065.602(b).
                                    </FP>
                                    <FP SOURCE="FP-2">
                                        <E T="03">k</E>
                                         = A constant based on the size of the test sample, as shown in paragraph (c)(4) of this section for fixed reduced sampling.
                                    </FP>
                                    <FP SOURCE="FP-2">
                                        <E T="8153">s</E>
                                         = The standard deviation of the final deteriorated test results from the set of tested vehicles or engines. See 40 CFR 1065.602(c). 
                                    </FP>
                                </EXTRACT>
                                <P>(iii) You may increase the sample size by any number of vehicles or engines, up to the maximum of 23, to recalculate the Compliance Level.</P>
                                <P>(2) The sequential reduced sampling plan applies as follows:</P>
                                <P>(i) Select a sample size of 4, 8, 12, 16 or 20 vehicles or engines for testing.</P>
                                <P>
                                    (ii) Calculate the Compliance Level as described in paragraph (c)(1)(ii) of this section but use the value of 
                                    <E T="03">k</E>
                                     from paragraph (c)(4) of this section for sequential reduced sampling.
                                </P>
                                <P>(iii) You may increase the sample size by one or more sets of four vehicles or engines, up to the maximum of 20, to recalculate the Compliance Level.</P>
                                <P>(3) The Compliance Level for the cumulative sample of tested vehicles or engines always replaces previously calculated values.</P>
                                <P>
                                    (4) Calculate the Compliance level for alternative sampling plans in this paragraph (c) based on the values of 
                                    <E T="03">k</E>
                                     from the following table:
                                </P>
                                <GPOTABLE COLS="3" OPTS="L2,i1" CDEF="s25,20,20">
                                    <TTITLE>
                                        Table 1 of § 1071.40(c)(4) Values of 
                                        <E T="03">k</E>
                                         for Alternative Sampling Plans
                                    </TTITLE>
                                    <BOXHD>
                                        <CHED H="1">Sample size</CHED>
                                        <CHED H="1">
                                            Fixed reduced
                                            <LI>sampling under</LI>
                                            <LI>paragraph (c)(1)</LI>
                                        </CHED>
                                        <CHED H="1">
                                            Sequential reduced
                                            <LI>sampling under</LI>
                                            <LI>paragraph (c)(2)</LI>
                                        </CHED>
                                    </BOXHD>
                                    <ROW>
                                        <ENT I="01">3</ENT>
                                        <ENT>1.602</ENT>
                                        <ENT/>
                                    </ROW>
                                    <ROW>
                                        <ENT I="01">4</ENT>
                                        <ENT>1.114</ENT>
                                        <ENT>1.671</ENT>
                                    </ROW>
                                    <ROW>
                                        <ENT I="01">5</ENT>
                                        <ENT>0.895</ENT>
                                        <ENT/>
                                    </ROW>
                                    <ROW>
                                        <ENT I="01">6</ENT>
                                        <ENT>0.764</ENT>
                                        <ENT/>
                                    </ROW>
                                    <ROW>
                                        <ENT I="01">7</ENT>
                                        <ENT>0.674</ENT>
                                        <ENT/>
                                    </ROW>
                                    <ROW>
                                        <ENT I="01">8</ENT>
                                        <ENT>0.608</ENT>
                                        <ENT>0.912</ENT>
                                    </ROW>
                                    <ROW>
                                        <ENT I="01">9</ENT>
                                        <ENT>0.555</ENT>
                                        <ENT/>
                                    </ROW>
                                    <ROW>
                                        <ENT I="01">10</ENT>
                                        <ENT>0.513</ENT>
                                        <ENT/>
                                    </ROW>
                                    <ROW>
                                        <ENT I="01">11</ENT>
                                        <ENT>0.478</ENT>
                                        <ENT/>
                                    </ROW>
                                    <ROW>
                                        <ENT I="01">12</ENT>
                                        <ENT>0.448</ENT>
                                        <ENT>0.672</ENT>
                                    </ROW>
                                    <ROW>
                                        <ENT I="01">13</ENT>
                                        <ENT>0.422</ENT>
                                        <ENT/>
                                    </ROW>
                                    <ROW>
                                        <ENT I="01">14</ENT>
                                        <ENT>0.399</ENT>
                                        <ENT/>
                                    </ROW>
                                    <ROW>
                                        <ENT I="01">15</ENT>
                                        <ENT>0.379</ENT>
                                        <ENT/>
                                    </ROW>
                                    <ROW>
                                        <ENT I="01">16</ENT>
                                        <ENT>0.360</ENT>
                                        <ENT>0.540</ENT>
                                    </ROW>
                                    <ROW>
                                        <ENT I="01">17</ENT>
                                        <ENT>0.343</ENT>
                                        <ENT/>
                                    </ROW>
                                    <ROW>
                                        <ENT I="01">18</ENT>
                                        <ENT>0.328</ENT>
                                        <ENT/>
                                    </ROW>
                                    <ROW>
                                        <ENT I="01">19</ENT>
                                        <ENT>0.314</ENT>
                                        <ENT/>
                                    </ROW>
                                    <ROW>
                                        <ENT I="01">20</ENT>
                                        <ENT>0.301</ENT>
                                        <ENT>0.451</ENT>
                                    </ROW>
                                    <ROW>
                                        <ENT I="01">21</ENT>
                                        <ENT>0.289</ENT>
                                        <ENT/>
                                    </ROW>
                                    <ROW>
                                        <ENT I="01">22</ENT>
                                        <ENT>0.277</ENT>
                                        <ENT/>
                                    </ROW>
                                    <ROW>
                                        <ENT I="01">23</ENT>
                                        <ENT>0.266</ENT>
                                        <ENT/>
                                    </ROW>
                                </GPOTABLE>
                            </SECTION>
                            <SECTION>
                                <SECTNO>§ 1071.45 </SECTNO>
                                <SUBJECT>Fail thresholds.</SUBJECT>
                                <P>(a) A vehicle or engine you test under this subpart fails if its final deteriorated test result exceeds the final value of the Compliance Level under this subpart. For any other regulated pollutant, a vehicle or engine fails if its final deteriorated test result exceeds the applicable standard.</P>
                                <P>(b) An NCP family fails if the Compliance Level exceeds the Upper Limit.</P>
                                <P>(c) Section 1071.105 describes the consequences of failing under this section.</P>
                            </SECTION>
                            <SECTION>
                                <SECTNO>§ 1071.50 </SECTNO>
                                <SUBJECT>Test reporting.</SUBJECT>
                                <P>(a) Within 30 days after completing the audit, send us a report with the following information:</P>
                                <P>(1) Describe any facility used for testing under this subpart and state its location.</P>
                                <P>(2) Identify the standards that apply for tested vehicles or engines.</P>
                                <P>(3) Identify the deterioration factors you used to certify the NCP family.</P>
                                <P>(4) Describe each tested vehicle or engine, including the NCP family name, model year, build date, vehicle or engine configuration, model number, identification number, and number of hours of operation before testing.</P>
                                <P>(5) Identify where you accumulated hours of operation on the vehicles or engines and describe the procedure and schedule you used.</P>
                                <P>
                                    (6) Provide the test number and identify the test procedure and the date, time, and duration of testing. Also provide initial test results, final test results, and final deteriorated test results as described in § 1071.40(a) for all tests. Provide emission figures for all measured pollutants. Include information for both valid and invalid 
                                    <PRTPAGE P="43292"/>
                                    tests and the reason for any invalidation.
                                </P>
                                <P>(7) Identify the Compliance Level, consistent with § 1071.40.</P>
                                <P>(8) Describe completely and justify any nonroutine adjustment, modification, repair, preparation, maintenance, or test for the test vehicle if you did not report it separately under this subpart. Include the results of any emission measurements, regardless of the procedure or type of equipment.</P>
                                <P>(b) We may ask you to add information to your written report, so we can determine whether your new vehicles or engines conform to the requirements of this part.</P>
                                <P>(c) An authorized representative of your company must sign the following statement: “We submit this report under Clean Air Act section 206. Our testing conformed completely with the requirements of 40 CFR part 1071. All the information in this report is true and accurate to the best of my knowledge. I know of the penalties for violating the Clean Air Act and the regulations.” (Authorized Company Representative)</P>
                                <P>(d) Send reports to the Designated Compliance Officer using an approved information format. If you want to use a different format, send us a written request with justification for a waiver.</P>
                                <P>(e) We may post test results on publicly accessible databases and we will send copies of your reports to anyone from the public who asks for them, consistent with 40 CFR 1068.11.</P>
                            </SECTION>
                            <SECTION>
                                <SECTNO>§ 1071.55 </SECTNO>
                                <SUBJECT>Recordkeeping.</SUBJECT>
                                <P>(a) We may review your records at any time so it is important to keep required information readily available. Organize and maintain your records as described in this section.</P>
                                <P>(b) Keep records for testing under this subpart for six years after you complete all the testing required for the Production Compliance Audit. You may use any format and on any media, as long as you can promptly send us organized, written records in English if we ask for them.</P>
                                <P>(c) Keep a copy of reports you submit to us.</P>
                                <P>(d) Keep the following additional records:</P>
                                <P>(1) A description of all equipment identified in 40 CFR part 1065, subparts B and C, and 40 CFR part 1066, subpart B, that you used to test vehicles or engines under this part.</P>
                                <P>(2) A complete record of each test, including the information identified in 40 CFR part 1065.695 or 1066.695.</P>
                                <P>(3) The names of supervisors involved in each test.</P>
                                <P>(4) The name of anyone who authorizes adjusting, repairing, preparing, or modifying a test vehicle or engine and the names of all supervisors who oversee this work.</P>
                                <P>(5) If you shipped the vehicle or engine for testing, the date you shipped it, the assembly plant or associated storage or port facility, and the date the vehicle or engine arrived at the testing facility.</P>
                                <P>(6) Any records related to your audit that are not in the written report.</P>
                                <P>(7) A brief description of any significant events during testing not otherwise described in submitted reports or in this section, such as engine damage during shipment.</P>
                                <P>(e) We may ask you to keep or send other information necessary to implement this subpart.</P>
                            </SECTION>
                            <SECTION>
                                <SECTNO>§ 1071.60 </SECTNO>
                                <SUBJECT>EPA testing.</SUBJECT>
                                <P>We may perform testing as described in this subpart by measuring emissions from any of your production vehicles or engines. If you certify engines using powertrain testing as specified in 40 CFR 1036.501(h), this section also applies for the powertrain test results.</P>
                                <P>(a) We may decide to do the testing at your plant or any other facility. If we do this, you must deliver the engine to a test facility we designate. The engine you provide must include appropriate manifolds, aftertreatment devices, ECMs, and other emission-related components not normally attached directly to the engine block. If we do the testing at your plant, you must schedule it as soon as possible and make available the instruments, personnel, and equipment we need.</P>
                                <P>(b) If we measure emissions on your engine, the results of that testing become the official emission results for the engine as specified in this paragraph (c). We will generally consider your data in determining if your NCP family meets applicable requirements in this part only if we later invalidate our data.</P>
                                <P>(c) Before we test one of your engines, we may set its adjustable parameters to any point within the practically adjustable ranges.</P>
                                <P>(d) Before we test one of your engines, we may calibrate it within normal production tolerances for anything we do not consider an adjustable parameter. For example, we may calibrate it within normal production tolerances for an engine parameter that is subject to production variability because it is adjustable during production but is not considered an adjustable parameter because it is permanently sealed. For parameters that relate to a level of performance that is itself subject to a specified range (such as maximum power output), we will generally perform any calibration under this paragraph (d) in a way that keeps performance within the specified range.</P>
                            </SECTION>
                            <SECTION>
                                <SECTNO>§ 1071.65 </SECTNO>
                                <SUBJECT>Labeling.</SUBJECT>
                                <P>(a) Vehicles or engines you certify with a nonconformance penalty must have an emission control information label as described in the standard-setting part, with the following exceptions and clarifications:</P>
                                <P>(1) Within 10 days after you establish the Compliance Level, you must include the following statement on the emission control label or on a supplemental label:</P>
                                <P>The manufacturer of this [vehicle or engine, as applicable] pays a nonconformance penalty allowing it to be introduced into U.S. commerce at an emission level higher than the applicable emission standard. The Compliance Level is [identify the applicable Compliance Level and pollutant].</P>
                                <P>(2) Amend the compliance statement to say that the vehicle or engine complies with current standards using nonconformance penalties. For example, include the following compliance statement for heavy-duty engines certified under 40 CFR part 86 or part 1036: THIS ENGINE USES NONCONFORMANCE PENALTIES TO COMPLY WITH U.S. EPA REGULATIONS FOR [MODEL YEAR] HEAVY-DUTY HIGHWAY ENGINES.”</P>
                                <P>(3) If you produce vehicles or engines subject to a nonconformance penalty and you introduce them into U.S. commerce without the label statement described in paragraph (a)(1) of this section, you or your agent must apply a supplemental label to all affected vehicles or engines with the statement in paragraph (a)(1) of this section within 30 days after completing the Production Compliance Audit.</P>
                                <P>(4) Apply supplemental labels close to the emission control information label, consistent with good engineering judgment.</P>
                                <P>(b) You may ask us to approve modified labeling requirements in this section if you show that it is necessary or appropriate. We will approve your request if your alternative label is consistent with the intent of the labeling requirements of this section.</P>
                            </SECTION>
                        </SUBPART>
                        <SUBPART>
                            <HD SOURCE="HED">Subpart C—Penalty Provisions</HD>
                            <SECTION>
                                <SECTNO>§ 1071.80 </SECTNO>
                                <SUBJECT>Penalty parameters for specific standards.</SUBJECT>
                                <P>(a) Implementing penalty provisions for a given standard depends on establishing values for the following parameters, most of which are illustrated in Figure 1 of § 1071.85:</P>
                                <P>
                                    (1) 
                                    <E T="03">S</E>
                                     is the published standard that is the basis for calculating nonconformance penalties.
                                    <PRTPAGE P="43293"/>
                                </P>
                                <P>
                                    (2) 
                                    <E T="03">UL</E>
                                     is the Upper Limit, which is the highest allowable emission level for certifying vehicles or engines with nonconformance penalties. See § 1071.10.
                                </P>
                                <P>
                                    (3) 
                                    <E T="03">COC</E>
                                    <E T="52">50</E>
                                     is an estimate for the 50th percentile cost of compliance. This represents the average compliance cost to meet the published standard by modifying a vehicle or engine starting with emissions at the Upper Limit.
                                </P>
                                <P>
                                    (4) 
                                    <E T="03">COC</E>
                                    <E T="52">90</E>
                                     is an estimate for the 90th percentile cost of compliance. This represents the incremental compliance cost to meet the published standard by modifying a vehicle or engine starting with emissions at the Upper Limit.
                                </P>
                                <P>
                                    (5) 
                                    <E T="03">MC</E>
                                     is an estimate of the marginal cost of compliance, expressed in dollars per delta g/mile for vehicle standards and in dollars per delta g/hp·hr for engine standards. Penalty calculations in § 1071.85 use the following values for marginal cost of compliance:
                                </P>
                                <P>
                                    (i) 
                                    <E T="03">MC</E>
                                    <E T="52">50</E>
                                     is an estimate of the 50th percentile marginal cost of compliance.
                                </P>
                                <P>
                                    (ii) 
                                    <E T="03">MC</E>
                                    <E T="52">90</E>
                                     is a calculated value representing the 90th percentile marginal cost of compliance. 
                                    <E T="03">MC</E>
                                    <E T="52">90</E>
                                     is the slope of the line on the penalty curve in Figure 1 of § 1071.85 as the Compliance Level increases from 
                                    <E T="03">S</E>
                                    . The value of 
                                    <E T="03">F</E>
                                     is the ratio of 
                                    <E T="03">MC</E>
                                    <E T="52">90</E>
                                     to 
                                    <E T="03">MC</E>
                                    <E T="52">50</E>
                                    , which is generally between 1.1 and 1.3.
                                </P>
                                <P>
                                    (6) 
                                    <E T="8151">x</E>
                                     is the emission level corresponding to 
                                    <E T="03">COC</E>
                                    <E T="52">50</E>
                                    . The equation for calculating nonconformance penalties depends on the slope of the curve representing the marginal cost of compliance, so the penalty calculation is different if the Compliance Level, 
                                    <E T="03">CL</E>
                                    , from subpart B of this part is above or below 
                                    <E T="8151">x</E>
                                    . We calculate 
                                    <E T="8151">x</E>
                                     for a specific emission standard from the following equation:
                                </P>
                                <GPH SPAN="1" DEEP="56">
                                    <GID>EP14JY26.114</GID>
                                </GPH>
                                <P>
                                    (7) 
                                    <E T="03">F</E>
                                    <E T="52">E&amp;D</E>
                                     is a fractional value representing the portion of the estimated compliance costs attributed to engineering and development. Section 1071.90 describes how there may be a refund for a portion of the nonconformance penalty based on 
                                    <E T="03">F</E>
                                    <E T="52">E&amp;D</E>
                                    .
                                </P>
                                <P>(b) We will determine appropriate values for the cost parameters in paragraph (a) of this section. These estimates will generally be based on the analysis used to adopt the relevant standard, including the date associated with that analysis, though we may augment the data with additional information if we adopt the penalty provisions in a later rulemaking. We may adjust costs to account for inflation based on changes to the Consumer Price Index between the date of the analysis and January of the calendar year preceding the model year in which a nonconformance penalty is first available.</P>
                                <P>(c) Values for calculating nonconformance penalties for historical standards are in appendix A of this part.</P>
                                <P>
                                    (d) Nonconformance penalties are available for diesel-fueled Medium HDE and diesel-fueled Heavy HDE subject to the 35 mg/hp·hr NO
                                    <E T="52">X</E>
                                     standard in 40 CFR 1036.104, subject to the following provisions:
                                </P>
                                <P>(1) For engines subject to nonconformance penalties, you may certify the NCP family under 40 CFR part 86 or part 1036, as follows:</P>
                                <P>(i) Engines certified under 40 CFR part 86 are subject to all standards, testing and compliance requirements, and other regulatory provisions as described for model year 2026 in 40 CFR part 86, subpart A. Such engines are not subject to Production Compliance Audits and are instead assigned a Compliance Level of 200 mg/hp-hr.</P>
                                <P>
                                    (ii) Engines certified under 40 CFR part 1036 are subject to all standards, testing and compliance requirements, and other regulatory provisions as described in 40 CFR part 1036 for the current model year, except for the NO
                                    <E T="52">X</E>
                                     standards. Such engines are subject to Production Compliance Audits to establish a Compliance Level as described in subpart B of this part.
                                </P>
                                <P>(2) The following parameter values apply:</P>
                                <GPOTABLE COLS="8" OPTS="L2,tp0,i1" CDEF="s50,10,10,10,10,14,10,10">
                                    <TTITLE> </TTITLE>
                                    <BOXHD>
                                        <CHED H="1">Engine class</CHED>
                                        <CHED H="1">
                                            <E T="03">S</E>
                                            <LI>(mg/hp-hr)</LI>
                                        </CHED>
                                        <CHED H="1">
                                            <E T="03">UL</E>
                                            <LI>(mg/hp-hr)</LI>
                                        </CHED>
                                        <CHED H="1">
                                            <E T="03">COC</E>
                                            <E T="0732">50</E>
                                        </CHED>
                                        <CHED H="1">
                                            <E T="03">COC</E>
                                            <E T="0732">90</E>
                                        </CHED>
                                        <CHED H="1">
                                            <E T="03">MC</E>
                                            <E T="0732">50</E>
                                            <LI>($ per mg/hp-hr)</LI>
                                        </CHED>
                                        <CHED H="1">
                                            <E T="03">F</E>
                                        </CHED>
                                        <CHED H="1">
                                            <E T="03">F</E>
                                            <E T="0732">E&amp;D</E>
                                        </CHED>
                                    </BOXHD>
                                    <ROW>
                                        <ENT I="01">Diesel-fueled Medium HDE</ENT>
                                        <ENT>35</ENT>
                                        <ENT>200</ENT>
                                        <ENT>$3,683</ENT>
                                        <ENT>$4330</ENT>
                                        <ENT>$72</ENT>
                                        <ENT>1.176</ENT>
                                        <ENT>0.032</ENT>
                                    </ROW>
                                    <ROW>
                                        <ENT I="01">Diesel-fueled Heavy HDE</ENT>
                                        <ENT>35</ENT>
                                        <ENT>200</ENT>
                                        <ENT>6,202</ENT>
                                        <ENT>6781</ENT>
                                        <ENT>82</ENT>
                                        <ENT>1.1</ENT>
                                        <ENT>0.025</ENT>
                                    </ROW>
                                </GPOTABLE>
                                <P>(3) Determine the Compliance Level for the NCP family based on engine testing over the FTP duty cycle.</P>
                                <P>(4) The Compliance Level also serves as the emission standard for in-use testing and other compliance testing for individual engines over the FTP and SET duty cycles. Determine adjusted values for the Compliance Level as described for Family Emission Limits in 40 CFR 1036.104(c)(3) for the Low Load Cycle, idle testing, and off-cycle testing, as applicable. Note that these adjusted values for the Compliance Level apply only for determining whether an individual engine complies with emission standards; those adjusted values do not apply for qualifying NCP families under this part or for calculating penalty values under § 1071.85.</P>
                                <P>
                                    (5) The cost values in paragraph (d)(2) of this section are expressed in 2024 dollars. We will calculate the Annual Adjustment Factor in § 1071.85(c) using 
                                    <E T="03">I</E>
                                    <E T="52">0</E>
                                     = 0.03 to represent the Consumer Price Index as of January 2026. Section 1071.85 describes how to calculate penalty values to account for inflation.
                                </P>
                            </SECTION>
                            <SECTION>
                                <SECTNO>§ 1071.85 </SECTNO>
                                <SUBJECT>Calculating the nonconformance penalty.</SUBJECT>
                                <P>(a) This section describes how to calculate the nonconformance penalty for a specific NCP family based on the following parameters:</P>
                                <P>(1) Section 1071.80 describes several parameters that are specific to the published standard, mostly to characterize the estimated cost of meeting the standard.</P>
                                <P>
                                    (2) 
                                    <E T="03">CL</E>
                                     is the Compliance Level for the NCP family, which is generally based on testing as described in subpart B of this part. The penalty provisions of this part apply only if the value of the Compliance Level is above the standard and at or below the Upper Limit.
                                </P>
                                <P>
                                    (3) 
                                    <E T="03">AAF</E>
                                     is an Annual Adjustment Factor. Paragraph (c) of this section describes how the Annual Adjustment Factor serves to increase the penalty over time to account for inflation and continued use of the penalty provisions.
                                </P>
                                <P>(b) Calculate a per-vehicle or per-engine nonconformance penalty for an NCP family, rounded to the nearest dollar, using one of the following equations:</P>
                                <P>
                                    (1) Use the following equation if the Compliance Level is at or below 
                                    <E T="8151">x</E>
                                    :
                                </P>
                                <GPH SPAN="3" DEEP="65">
                                    <PRTPAGE P="43294"/>
                                    <GID>EP14JY26.115</GID>
                                </GPH>
                                <EXTRACT>
                                    <FP SOURCE="FP-2">Where:</FP>
                                    <FP SOURCE="FP-2">
                                        <E T="03">i</E>
                                         is a counting variable to represent the current year based on the number of years you have certified vehicles or engines from a class with nonconformance penalties.
                                    </FP>
                                    <FP SOURCE="FP-2">
                                        Π
                                        <E T="53">n</E>
                                        <E T="54">i</E>
                                        <E T="52">=1</E>
                                          
                                        <E T="03">AAF</E>
                                        <E T="52">i</E>
                                         is the product of consecutive Annual Adjustment Factors for 
                                        <E T="03">n</E>
                                         years. For example, in the third year of certifying with nonconformance penalties, Π
                                        <E T="53">n</E>
                                        <E T="54">i</E>
                                        <E T="52">=3</E>
                                          
                                        <E T="03">AAF</E>
                                        <E T="52">i</E>
                                          
                                        <E T="03">AAF</E>
                                        <E T="52">1</E>
                                         · 
                                        <E T="03">AAF</E>
                                        <E T="52">2</E>
                                         · 
                                        <E T="03">AAF</E>
                                        <E T="52">3</E>
                                        .
                                    </FP>
                                </EXTRACT>
                                <P>
                                    (2) Use the following equation if the Compliance Level is above 
                                    <E T="8151">x</E>
                                    :
                                </P>
                                <GPH SPAN="3" DEEP="65">
                                    <GID>EP14JY26.116</GID>
                                </GPH>
                                <P>
                                    (c) Calculate the Annual Adjustment Factor for year 
                                    <E T="03">i</E>
                                     using the following equation:
                                </P>
                                <GPH SPAN="3" DEEP="59">
                                    <GID>EP14JY26.117</GID>
                                </GPH>
                                <EXTRACT>
                                    <FP SOURCE="FP-2">Where:</FP>
                                    <FP SOURCE="FP-2">
                                        <E T="03">I</E>
                                        <E T="52">i-1</E>
                                         = The fractional value representing the increase in overall consumer price index in year (
                                        <E T="03">i</E>
                                        -1), as described in paragraph (d) of this section.
                                    </FP>
                                    <FP SOURCE="FP-2">
                                        <E T="03">A</E>
                                        <E T="52">i</E>
                                         = Usage adjustment factor in year 
                                        <E T="03">i</E>
                                        : Let 
                                        <E T="03">A</E>
                                        <E T="52">i</E>
                                         = 0.08, except that 
                                        <E T="03">A</E>
                                        <E T="52">1</E>
                                         = 0 and 
                                        <E T="03">A</E>
                                        <E T="52">2</E>
                                         = 0.10.
                                    </FP>
                                    <FP SOURCE="FP-2">
                                        <E T="03">frac</E>
                                        <E T="52">i-1</E>
                                         = Fraction of vehicles or engines in a class that are certified using nonconformance penalties in the year before the current year 
                                        <E T="03">i</E>
                                        , as described in paragraph (d) of this section. If 
                                        <E T="03">frac</E>
                                        <E T="52">i-1</E>
                                         is above 0.50, then calculate 
                                        <E T="03">AAF</E>
                                        <E T="52">i</E>
                                         using 
                                        <E T="03">frac</E>
                                        <E T="52">i-1</E>
                                         = 0.50. 
                                    </FP>
                                </EXTRACT>
                                <P>(d) We will calculate your Annual Adjustment Factor based on the following information and procedures:</P>
                                <P>(1) Send us the following information by April 30 of each year that nonconformance penalties are available:</P>
                                <P>(i) The number of vehicles or engines from each class that you produced through March 31 in the current model year. Identify separate numbers of vehicles or engines certified with and without a nonconformance penalty. If your current model year involves production of additional vehicles or engines after March 31, also send us estimated values for those additional vehicles or engines.</P>
                                <P>(ii) If your report from the previous year included estimated production numbers, send us actual production numbers to replace your estimated values.</P>
                                <P>
                                    (2) We will determine the value of 
                                    <E T="03">frac</E>
                                    <E T="52">i-1</E>
                                     for calculating the Annual Adjustment Factor starting with the second year that nonconformance penalties are available based the information you send us, combined with nationwide production values aggregated from all manufacturers. We will estimate production volumes from manufacturers not using nonconformance penalties based on production reports, projected volumes from applications for certification, and any other relevant information. As an example, shortly after April 30, 2027, we will use actual and estimated production volumes for each class from all manufacturers to determine 
                                    <E T="03">frac</E>
                                    <E T="52">2027</E>
                                    , which is needed to determine nonconformance penalties for model year 2028. In that example, if we receive updated information for model year 2027 with actual production volumes in April 2028, we will use that information to create updated values of 
                                    <E T="03">frac</E>
                                    <E T="52">2027</E>
                                     and 
                                    <E T="03">AAF</E>
                                    <E T="52">2027</E>
                                     to determine nonconformance penalties for model year 2029. We will use updated values accounting for actual production volumes to calculate nonconformance penalties prospectively; we will not use those updated values to revise nonconformance penalties from an earlier model year.
                                </P>
                                <P>
                                    (3) We will determine the value of 
                                    <E T="03">I</E>
                                    <E T="52">i-1</E>
                                     based on the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics at 
                                    <E T="03">www.bls.gov/data/inflation_calculator.htm.</E>
                                     We will determine the value of I0 based on the change in prices between the date associated with establishing cost parameters and January of the calendar year preceding the model year in which a nonconformance penalty is first available; see § 1071.80. For later model years, we will determine the value of 
                                    <E T="03">I</E>
                                    <E T="52">n-1</E>
                                     based on the change in prices each January.
                                </P>
                                <P>(e) The following figure illustrates how the various parameters support calculating nonconformance penalties:</P>
                                <GPH SPAN="3" DEEP="174">
                                    <PRTPAGE P="43295"/>
                                    <GID>EP14JY26.118</GID>
                                </GPH>
                            </SECTION>
                            <SECTION>
                                <SECTNO>§ 1071.90 </SECTNO>
                                <SUBJECT>Making payments.</SUBJECT>
                                <P>This section describes procedures for paying penalties under this part.</P>
                                <P>(a) We will notify you in writing once we establish a specific nonconformance penalty based on the Compliance Levels that apply for affected vehicles or engines.</P>
                                <P>(b) The penalty applies for all nonconforming vehicles or engines you produce from any assembly plant for the following production periods:</P>
                                <P>(1) Penalties start to apply ten days after you conclude that an NCP family has failed a Selective Enforcement Audit. In all other cases, penalties apply starting with the beginning of the model year.</P>
                                <P>(2) Penalties continue to apply for the rest of the model year unless or until you demonstrate under § 1071.30(c) or (d) that vehicles or engines meet emission standards. Penalties continue to apply for any configurations not covered by the compliance demonstration.</P>
                                <P>(3) Penalties may carry over to future model years indefinitely. Section 1071.85 describes how the penalty increases for each model year.</P>
                                <P>(c) A penalty assessment applies for each calendar quarter based on the number of vehicles or engines you produce. Payment is due for each quarter in the month following the end of the quarter, on April 30, July 30, October 30, and January 30. We may approve your request for an alternative payment schedule, but any delay from the default schedule is subject to interest payments as described in paragraph (e) of this section. For each quarterly due date, send us the following information about vehicles and engines that are subject to nonconformance penalties, even if total production was zero in the preceding quarter:</P>
                                <P>(1) Identify the NCP family for all affected vehicles or engines.</P>
                                <P>(2) Identify quarterly production totals. Identify production totals separately by subfamily, if applicable.</P>
                                <P>(3) Show your calculations to determine the total payment penalty for the preceding quarter, including any interest payments.</P>
                                <P>(4) An authorized representative of your company must sign the following statement: “We submit this report under Clean Air Act section 206. All the information in this report is true and accurate to the best of my knowledge. I know of the penalties for violating the Clean Air Act and the regulations.” (Authorized Company Representative)</P>
                                <P>(d) We may ask you to demonstrate the accuracy of your quarterly production numbers, or any other information in reports you submit under paragraph (c) of this section.</P>
                                <P>
                                    (e) Calculate interest charges starting with the due date for any missed or partial payments, including payments on an approved alternative schedule and payments that are withheld during hearing deliberations. Interest charges continue to apply for each quarter with an outstanding balance due. Calculate the total interest payment based on the outstanding balance for the number of quarters that any penalty payment is overdue by applying the interest rate for the applicable payment due date from 
                                    <E T="03">www.fiscal.treasury.gov/reports-statements/cvfr/index.html.</E>
                                </P>
                                <P>
                                    (f) Send payments to 
                                    <E T="03">www.pay.gov.</E>
                                </P>
                                <P>(g) Credits and refunds apply as follows:</P>
                                <P>(1) If you overpay your penalty for any reason, you may subtract the overpayment from future payments. We may alternatively approve your request for a refund.</P>
                                <P>
                                    (2) You can claim a refund for a portion of the nonconformance penalty associated with your engineering and development costs to meet the new standards if you demonstrate that modified vehicles or engines to be fully compliant, including an updated Compliance Level under § 1071.30(c) or (d) that meets the applicable standard. Calculate the refund of payments you made to us, 
                                    <E T="03">R</E>
                                    <E T="52">EPA</E>
                                    , as follows:
                                </P>
                                <GPH SPAN="3" DEEP="49">
                                    <GID>EP14JY26.119</GID>
                                </GPH>
                                <EXTRACT>
                                    <FP SOURCE="FP-2">Where:</FP>
                                    <FP SOURCE="FP-2">
                                        <E T="03">D</E>
                                        <E T="52">n</E>
                                         = discount factor corresponding to the number of model years, 
                                        <E T="03">n</E>
                                        , nonconformance penalties have been available for a given class of vehicles or engines before completing certification that fully complies with applicable standards, where 
                                        <E T="03">n</E>
                                        =1 for the first year nonconformance penalties were available. Use the following values for 
                                        <E T="03">D</E>
                                        <E T="52">n</E>
                                        :
                                    </FP>
                                    <FP SOURCE="FP-2">
                                        <E T="03">D</E>
                                        <E T="52">1</E>
                                         = 0.90.
                                    </FP>
                                    <FP SOURCE="FP-2">
                                        <E T="03">D</E>
                                        <E T="52">2</E>
                                         = 0.79.
                                    </FP>
                                    <FP SOURCE="FP-2">
                                        <E T="03">D</E>
                                        <E T="52">3</E>
                                         = 0.67.
                                        <PRTPAGE P="43296"/>
                                    </FP>
                                    <FP SOURCE="FP-2">
                                        <E T="03">D</E>
                                        <E T="52">4</E>
                                         = 0.54.
                                    </FP>
                                    <FP SOURCE="FP-2">
                                        <E T="03">D</E>
                                        <E T="52">5</E>
                                         = 0.39.
                                    </FP>
                                    <FP SOURCE="FP-2">
                                        <E T="03">D</E>
                                        <E T="52">6</E>
                                         = 0.23.
                                    </FP>
                                    <FP SOURCE="FP-2">
                                        <E T="03">D</E>
                                        <E T="52">7</E>
                                         = 0.05.
                                    </FP>
                                    <FP SOURCE="FP-2">
                                        <E T="03">D</E>
                                        <E T="52">n</E>
                                         = 0.00 for 
                                        <E T="03">n</E>
                                         = 8 or more.
                                    </FP>
                                    <FP SOURCE="FP-2">
                                        <E T="03">F</E>
                                        <E T="52">E&amp;D</E>
                                         = a fractional value representing the manufacturer's engineering and development costs relative to the total compliance costs as specified in § 1071.80.
                                    </FP>
                                    <FP SOURCE="FP-2">
                                        <E T="03">NCP</E>
                                        <E T="52">1</E>
                                         = the nonconformance penalty identified in paragraph (a) of this section for the first model year.
                                    </FP>
                                    <FP SOURCE="FP-2">
                                        <E T="03">Prod</E>
                                        <E T="52">Cal</E>
                                         = number of vehicles or engines from the same class you demonstrate have been titled, registered, or principally used in California and for which you paid nonconformance penalties to the State of California.
                                    </FP>
                                    <FP SOURCE="FP-2">
                                        <E T="03">Prod</E>
                                        <E T="52">tot</E>
                                         = total number of vehicles or engines from the same class for which you paid nonconformance penalties to EPA or the State of California.
                                    </FP>
                                </EXTRACT>
                                <P>(3) We will not pay interest on any money we owe you.</P>
                            </SECTION>
                        </SUBPART>
                        <SUBPART>
                            <HD SOURCE="HED">Subpart D—Administrative Provisions</HD>
                            <SECTION>
                                <SECTNO>§ 1071.100 </SECTNO>
                                <SUBJECT>Entry and access.</SUBJECT>
                                <P>Provisions related to EPA inspections apply as specified in 40 CFR 1068.20.</P>
                            </SECTION>
                            <SECTION>
                                <SECTNO>§ 1071.105 </SECTNO>
                                <SUBJECT>Suspending and voiding certificates of conformity.</SUBJECT>
                                <P>(a) The certificate of conformity is automatically suspended for a vehicle or engine if it fails as described in § 1071.45(a). Notify us within five days after you make this determination. You must take the following actions before your certificate of conformity can cover that vehicle or engine:</P>
                                <P>(1) Correct the problem and retest the vehicle or engine to show it complies with all emission standards.</P>
                                <P>(2) Send us a written report describing your test results and the remedy for each vehicle or engine before introducing the vehicle or engine into U.S. commerce. You may include this information in the report you submit under § 1071.50.</P>
                                <P>(b) We may suspend the certificate of conformity if you do not meet the requirements and deadlines in this part.</P>
                                <P>(c) We may suspend the certificate of conformity if the Compliance Level as determined in § 1071.45(b) is above the Upper Limit. We may void the certificate of conformity if you fail to recall any vehicles or engines whose Compliance Level is found to be above the Upper Limit.</P>
                                <P>(d) We may void your certificate of conformity if you fail to fully pay the nonconformance penalty.</P>
                                <P>(e) Except as described in paragraph (a) of this section, we will tell you in writing if we suspend, revoke, or void your certificate of conformity in whole or in part. The suspension is effective when you receive our notice.</P>
                                <P>(f) You may request that we reinstate a suspended, revoked, or voided certificate of conformity by sending us a written report that identifies the reason for the failure and demonstrates that you comply with the requirements of this part. Include in the proposed remedy any quality control measures you propose to keep the problem from happening again. If the failure is related to measured emission levels, give us test data from production vehicles or engines showing that vehicles or engines in the remedied family comply with all the emission standards that apply. We may include any reasonable conditions when reinstating a certificate.</P>
                            </SECTION>
                            <SECTION>
                                <SECTNO>§ 1071.110 </SECTNO>
                                <SUBJECT>Hearing procedures.</SUBJECT>
                                <P>(a) The provisions of 40 CFR part 1068, subpart G, apply if you request a hearing regarding nonconformance penalties or suspending, revoking, or voiding a certificate of conformity under this subpart.</P>
                                <P>(b) If we establish penalties under § 1071.90(a) and we agree to your request for a hearing related to the nonconformance penalty under 40 CFR 1068.625, you may produce affected vehicles or engines before the hearing deliberations conclude. However, if the hearing results in a final decision requiring a penalty, the payment is due, with interest, ten days after the Presiding Officer's final decision.</P>
                            </SECTION>
                            <SECTION>
                                <SECTNO>§ 1071.115 </SECTNO>
                                <SUBJECT>Confidential information.</SUBJECT>
                                <P>The provisions of 40 CFR 1068.10 and 1068.11 apply for information you submit under this part.</P>
                            </SECTION>
                            <SECTION>
                                <SECTNO>§ 1071.120 </SECTNO>
                                <SUBJECT>List of acronyms.</SUBJECT>
                                <P>The following acronyms and abbreviations apply to this part:</P>
                                <GPOTABLE COLS="2" OPTS="L2,nj,tp0,i1" CDEF="s25,r100">
                                    <TTITLE> </TTITLE>
                                    <BOXHD>
                                        <CHED H="1">GVWR</CHED>
                                        <CHED H="1">
                                            gross vehicle weight rating, as
                                            <LI>defined in 40 CFR 1036.801.</LI>
                                        </CHED>
                                    </BOXHD>
                                    <ROW>
                                        <ENT I="01">HDE</ENT>
                                        <ENT>heavy-duty engine, as defined in 40 CFR 1036.801.</ENT>
                                    </ROW>
                                    <ROW>
                                        <ENT I="01">HDGE</ENT>
                                        <ENT>heavy-duty gasoline engine.</ENT>
                                    </ROW>
                                    <ROW>
                                        <ENT I="01">HDDE</ENT>
                                        <ENT>heavy-duty diesel engine.</ENT>
                                    </ROW>
                                    <ROW>
                                        <ENT I="01">LDT3</ENT>
                                        <ENT>Light-duty truck 3, as defined in 40 CFR 86.1803-01.</ENT>
                                    </ROW>
                                    <ROW>
                                        <ENT I="01">NCP</ENT>
                                        <ENT>nonconformance penalty.</ENT>
                                    </ROW>
                                </GPOTABLE>
                                <HD SOURCE="HD1">Appendix A to Part 1071—Penalty Parameter Values for Historical Standards</HD>
                                <EXTRACT>
                                    <P>This appendix describes the values for the parameters identified in § 1071.80 to support penalty calculations for historical standards.</P>
                                    <P>(a) The following parameter values applied for vehicle-based standards:</P>
                                    <GPOTABLE COLS="10" OPTS="L2,nj,p7,7/8,i1" CDEF="s25,r50,r30,10,10,10,12,6,6,r20">
                                        <TTITLE>
                                            Table 1 to Paragraph (
                                            <E T="01">a</E>
                                            ) of Appendix A to Part 1071—Penalty Parameters for Vehicle-Based Standards
                                        </TTITLE>
                                        <BOXHD>
                                            <CHED H="1">
                                                Model year for new
                                                <LI>standard</LI>
                                            </CHED>
                                            <CHED H="1">Vehicle class</CHED>
                                            <CHED H="1">Pollutant</CHED>
                                            <CHED H="1">
                                                <E T="03">S</E>
                                                <LI>(g/mi)</LI>
                                            </CHED>
                                            <CHED H="1">
                                                <E T="03">COC</E>
                                                <E T="0732">50</E>
                                            </CHED>
                                            <CHED H="1">
                                                <E T="03">COC</E>
                                                <E T="0732">90</E>
                                            </CHED>
                                            <CHED H="1">
                                                <E T="03">MC</E>
                                                <E T="0732">50</E>
                                                <LI>($ per g/mi)</LI>
                                            </CHED>
                                            <CHED H="1">
                                                <E T="03">F</E>
                                            </CHED>
                                            <CHED H="1">
                                                <E T="03">F</E>
                                                <E T="0732">E&amp;D</E>
                                            </CHED>
                                            <CHED H="1">Dollar basis</CHED>
                                        </BOXHD>
                                        <ROW>
                                            <ENT I="01">1987</ENT>
                                            <ENT>Diesel vehicles ≤14,000 lb GVWR</ENT>
                                            <ENT>PM</ENT>
                                            <ENT>0.26</ENT>
                                            <ENT>$368</ENT>
                                            <ENT>$541</ENT>
                                            <ENT>$3,200</ENT>
                                            <ENT>1.2</ENT>
                                            <ENT>0.11</ENT>
                                            <ENT>Dec. 1984.</ENT>
                                        </ROW>
                                        <ROW>
                                            <ENT I="01">1991</ENT>
                                            <ENT>Diesel vehicles ≤14,000 lb GVWR</ENT>
                                            <ENT>PM</ENT>
                                            <ENT>0.13</ENT>
                                            <ENT>711</ENT>
                                            <ENT>1,396</ENT>
                                            <ENT>2,960</ENT>
                                            <ENT>1.2</ENT>
                                            <ENT>0.01</ENT>
                                            <ENT>Dec. 1989.</ENT>
                                        </ROW>
                                        <ROW>
                                            <ENT I="01">1996</ENT>
                                            <ENT>Diesel LDT3</ENT>
                                            <ENT>PM</ENT>
                                            <ENT>0.10</ENT>
                                            <ENT>441</ENT>
                                            <ENT>1,471</ENT>
                                            <ENT>14,700</ENT>
                                            <ENT>1.2</ENT>
                                            <ENT>0.093</ENT>
                                            <ENT>Dec. 1994.</ENT>
                                        </ROW>
                                        <ROW>
                                            <ENT I="01">1996</ENT>
                                            <ENT>Diesel LDT3</ENT>
                                            <ENT>
                                                NO
                                                <E T="0732">X</E>
                                            </ENT>
                                            <ENT>0.98</ENT>
                                            <ENT>654</ENT>
                                            <ENT>779</ENT>
                                            <ENT>908</ENT>
                                            <ENT>1.2</ENT>
                                            <ENT>0.082</ENT>
                                            <ENT>Dec. 1994.</ENT>
                                        </ROW>
                                    </GPOTABLE>
                                    <P>(b) The following parameter values applied for engine-based standards:</P>
                                    <GPOTABLE COLS="10" OPTS="L2,nj,p7,7/8,i1" CDEF="s25,r50,r30,10,10,10,12,6,6,r25">
                                        <TTITLE>
                                            Table 1 to Paragraph (
                                            <E T="01">b</E>
                                            ) of Appendix A to Part 1071—Penalty Parameters for Engine-Based Standards
                                        </TTITLE>
                                        <BOXHD>
                                            <CHED H="1">Model year for new standard</CHED>
                                            <CHED H="1">Engine class</CHED>
                                            <CHED H="1">Pollutant</CHED>
                                            <CHED H="1">
                                                <E T="03">S</E>
                                                <LI>(g/hp-hr)</LI>
                                            </CHED>
                                            <CHED H="1">
                                                <E T="03">COC</E>
                                                <E T="0732">50</E>
                                            </CHED>
                                            <CHED H="1">
                                                <E T="03">COC</E>
                                                <E T="0732">90</E>
                                            </CHED>
                                            <CHED H="1">
                                                <E T="03">MC</E>
                                                <E T="0732">50</E>
                                                <LI>($ per g/hp-hr)</LI>
                                            </CHED>
                                            <CHED H="1">
                                                <E T="03">F</E>
                                            </CHED>
                                            <CHED H="1">
                                                <E T="03">F</E>
                                                <E T="0732">E&amp;D</E>
                                            </CHED>
                                            <CHED H="1">Dollar basis</CHED>
                                        </BOXHD>
                                        <ROW>
                                            <ENT I="01">1987</ENT>
                                            <ENT>HDGE for vehicles ≤14,000 lb GVWR</ENT>
                                            <ENT>HC</ENT>
                                            <ENT>1.1</ENT>
                                            <ENT>$45</ENT>
                                            <ENT>$95</ENT>
                                            <ENT>$83</ENT>
                                            <ENT>1.2</ENT>
                                            <ENT>0.06</ENT>
                                            <ENT>Dec. 1984.</ENT>
                                        </ROW>
                                        <ROW>
                                            <ENT I="01">1987</ENT>
                                            <ENT>HDGE for vehicles ≤14,000 lb GVWR</ENT>
                                            <ENT>CO</ENT>
                                            <ENT>14.4</ENT>
                                            <ENT>45</ENT>
                                            <ENT>95</ENT>
                                            <ENT>4</ENT>
                                            <ENT>1.2</ENT>
                                            <ENT>0.06</ENT>
                                            <ENT>Dec. 1984.</ENT>
                                        </ROW>
                                        <ROW>
                                            <ENT I="01">1988</ENT>
                                            <ENT>Light HDDE</ENT>
                                            <ENT>PM</ENT>
                                            <ENT>0.60</ENT>
                                            <ENT>71</ENT>
                                            <ENT>83</ENT>
                                            <ENT>340</ENT>
                                            <ENT>1.2</ENT>
                                            <ENT>0.64</ENT>
                                            <ENT>Dec. 1984.</ENT>
                                        </ROW>
                                        <ROW>
                                            <PRTPAGE P="43297"/>
                                            <ENT I="01">1988</ENT>
                                            <ENT>Medium HDDE</ENT>
                                            <ENT>PM</ENT>
                                            <ENT>0.60</ENT>
                                            <ENT>84</ENT>
                                            <ENT>97</ENT>
                                            <ENT>382</ENT>
                                            <ENT>1.2</ENT>
                                            <ENT>0.62</ENT>
                                            <ENT>Dec. 1984.</ENT>
                                        </ROW>
                                        <ROW>
                                            <ENT I="01">1988</ENT>
                                            <ENT>Heavy HDDE</ENT>
                                            <ENT>PM</ENT>
                                            <ENT>0.60</ENT>
                                            <ENT>87</ENT>
                                            <ENT>101</ENT>
                                            <ENT>725</ENT>
                                            <ENT>1.2</ENT>
                                            <ENT>0.60</ENT>
                                            <ENT>Dec. 1984.</ENT>
                                        </ROW>
                                        <ROW>
                                            <ENT I="01">1990</ENT>
                                            <ENT>Light HDDE</ENT>
                                            <ENT>
                                                NO
                                                <E T="0732">X</E>
                                            </ENT>
                                            <ENT>6.0</ENT>
                                            <ENT>18</ENT>
                                            <ENT>41</ENT>
                                            <ENT>49</ENT>
                                            <ENT>1.2</ENT>
                                            <ENT>0.36</ENT>
                                            <ENT>Dec. 1984.</ENT>
                                        </ROW>
                                        <ROW>
                                            <ENT I="01">1990</ENT>
                                            <ENT>Medium HDDE</ENT>
                                            <ENT>
                                                NO
                                                <E T="0732">X</E>
                                            </ENT>
                                            <ENT>6.0</ENT>
                                            <ENT>1,125</ENT>
                                            <ENT>1,540</ENT>
                                            <ENT>883</ENT>
                                            <ENT>1.2</ENT>
                                            <ENT>0.02</ENT>
                                            <ENT>Dec. 1984.</ENT>
                                        </ROW>
                                        <ROW>
                                            <ENT I="01">1990</ENT>
                                            <ENT>Heavy HDDE</ENT>
                                            <ENT>
                                                NO
                                                <E T="0732">X</E>
                                            </ENT>
                                            <ENT>6.0</ENT>
                                            <ENT>1,278</ENT>
                                            <ENT>1,980</ENT>
                                            <ENT>1,733</ENT>
                                            <ENT>1.2</ENT>
                                            <ENT>0.02</ENT>
                                            <ENT>Dec. 1984.</ENT>
                                        </ROW>
                                        <ROW>
                                            <ENT I="01">1991</ENT>
                                            <ENT>Light HDDE</ENT>
                                            <ENT>
                                                NO
                                                <E T="0732">X</E>
                                            </ENT>
                                            <ENT>5.0</ENT>
                                            <ENT>830</ENT>
                                            <ENT>946</ENT>
                                            <ENT>1,167</ENT>
                                            <ENT>1.2</ENT>
                                            <ENT>0.12</ENT>
                                            <ENT>Dec. 1989.</ENT>
                                        </ROW>
                                        <ROW>
                                            <ENT I="01">1991</ENT>
                                            <ENT>Medium HDDE</ENT>
                                            <ENT>
                                                NO
                                                <E T="0732">X</E>
                                            </ENT>
                                            <ENT>5.0</ENT>
                                            <ENT>905</ENT>
                                            <ENT>1,453</ENT>
                                            <ENT>1,417</ENT>
                                            <ENT>1.2</ENT>
                                            <ENT>0.11</ENT>
                                            <ENT>Dec. 1989.</ENT>
                                        </ROW>
                                        <ROW>
                                            <ENT I="01">1991</ENT>
                                            <ENT>Heavy HDDE</ENT>
                                            <ENT>
                                                NO
                                                <E T="0732">X</E>
                                            </ENT>
                                            <ENT>5.0</ENT>
                                            <ENT>930</ENT>
                                            <ENT>1,590</ENT>
                                            <ENT>2,250</ENT>
                                            <ENT>1.2</ENT>
                                            <ENT>0.11</ENT>
                                            <ENT>Dec. 1989.</ENT>
                                        </ROW>
                                        <ROW>
                                            <ENT I="01">1993</ENT>
                                            <ENT>Urban bus HDE</ENT>
                                            <ENT>PM</ENT>
                                            <ENT>0.10</ENT>
                                            <ENT>4,020</ENT>
                                            <ENT>4,535</ENT>
                                            <ENT>22,971</ENT>
                                            <ENT>1.2</ENT>
                                            <ENT>0.02</ENT>
                                            <ENT>Dec. 1989.</ENT>
                                        </ROW>
                                        <ROW>
                                            <ENT I="01">1994</ENT>
                                            <ENT>Urban bus HDE</ENT>
                                            <ENT>PM</ENT>
                                            <ENT>0.07</ENT>
                                            <ENT>3,292</ENT>
                                            <ENT>10,014</ENT>
                                            <ENT>109,733</ENT>
                                            <ENT>1.2</ENT>
                                            <ENT>0.38</ENT>
                                            <ENT>Dec. 1991.</ENT>
                                        </ROW>
                                        <ROW>
                                            <ENT I="01">1994</ENT>
                                            <ENT>Light HDDE</ENT>
                                            <ENT>PM</ENT>
                                            <ENT>0.10</ENT>
                                            <ENT>772</ENT>
                                            <ENT>1,325</ENT>
                                            <ENT>8,178</ENT>
                                            <ENT>1.2</ENT>
                                            <ENT>0.081</ENT>
                                            <ENT>Dec. 1991.</ENT>
                                        </ROW>
                                        <ROW>
                                            <ENT I="01">1994</ENT>
                                            <ENT>Medium HDDE</ENT>
                                            <ENT>PM</ENT>
                                            <ENT>0.10</ENT>
                                            <ENT>1,276</ENT>
                                            <ENT>3,298</ENT>
                                            <ENT>15,370</ENT>
                                            <ENT>1.2</ENT>
                                            <ENT>0.098</ENT>
                                            <ENT>Dec. 1991.</ENT>
                                        </ROW>
                                        <ROW>
                                            <ENT I="01">1994</ENT>
                                            <ENT>Heavy HDDE</ENT>
                                            <ENT>PM</ENT>
                                            <ENT>0.10</ENT>
                                            <ENT>2,105</ENT>
                                            <ENT>6,978</ENT>
                                            <ENT>30,070</ENT>
                                            <ENT>1.2</ENT>
                                            <ENT>0.083</ENT>
                                            <ENT>Dec. 1991.</ENT>
                                        </ROW>
                                        <ROW>
                                            <ENT I="01">1996</ENT>
                                            <ENT>Urban bus HDE</ENT>
                                            <ENT>PM</ENT>
                                            <ENT>0.05</ENT>
                                            <ENT>576</ENT>
                                            <ENT>6,569</ENT>
                                            <ENT>28,800</ENT>
                                            <ENT>1.2</ENT>
                                            <ENT>0.500</ENT>
                                            <ENT>Dec. 1994.</ENT>
                                        </ROW>
                                        <ROW>
                                            <ENT I="01">1998</ENT>
                                            <ENT>Light HDDE</ENT>
                                            <ENT>
                                                NO
                                                <E T="0732">X</E>
                                            </ENT>
                                            <ENT>4.0</ENT>
                                            <ENT>833</ENT>
                                            <ENT>1,513</ENT>
                                            <ENT>833</ENT>
                                            <ENT>1.2</ENT>
                                            <ENT>0.039</ENT>
                                            <ENT>Dec. 1994.</ENT>
                                        </ROW>
                                        <ROW>
                                            <ENT I="01">1998</ENT>
                                            <ENT>Medium HDDE</ENT>
                                            <ENT>
                                                NO
                                                <E T="0732">X</E>
                                            </ENT>
                                            <ENT>4.0</ENT>
                                            <ENT>444</ENT>
                                            <ENT>1,368</ENT>
                                            <ENT>444</ENT>
                                            <ENT>1.2</ENT>
                                            <ENT>0.043</ENT>
                                            <ENT>Dec. 1994.</ENT>
                                        </ROW>
                                        <ROW>
                                            <ENT I="01">1998</ENT>
                                            <ENT>Heavy HDDE</ENT>
                                            <ENT>
                                                NO
                                                <E T="0732">X</E>
                                            </ENT>
                                            <ENT>4.0</ENT>
                                            <ENT>1,086</ENT>
                                            <ENT>2,540</ENT>
                                            <ENT>1,086</ENT>
                                            <ENT>1.2</ENT>
                                            <ENT>0.039</ENT>
                                            <ENT>Dec. 1994.</ENT>
                                        </ROW>
                                        <ROW>
                                            <ENT I="01">2004</ENT>
                                            <ENT>Light HDDE</ENT>
                                            <ENT>
                                                NO
                                                <E T="0732">X</E>
                                                +NMHC
                                            </ENT>
                                            <ENT>2.4</ENT>
                                            <ENT>1,240</ENT>
                                            <ENT>2,710</ENT>
                                            <ENT>2,000</ENT>
                                            <ENT>1.3</ENT>
                                            <ENT>0.403</ENT>
                                            <ENT>Dec. 2001.</ENT>
                                        </ROW>
                                        <ROW>
                                            <ENT I="01">2004</ENT>
                                            <ENT>Medium HDDE</ENT>
                                            <ENT>
                                                NO
                                                <E T="0732">X</E>
                                                +NMHC
                                            </ENT>
                                            <ENT>2.4</ENT>
                                            <ENT>2,740</ENT>
                                            <ENT>4,930</ENT>
                                            <ENT>1,400</ENT>
                                            <ENT>1.3</ENT>
                                            <ENT>0.197</ENT>
                                            <ENT>Dec. 2001.</ENT>
                                        </ROW>
                                        <ROW>
                                            <ENT I="01">2004</ENT>
                                            <ENT>Heavy HDDE</ENT>
                                            <ENT>
                                                NO
                                                <E T="0732">X</E>
                                                +NMHC
                                            </ENT>
                                            <ENT>2.4</ENT>
                                            <ENT>6,810</ENT>
                                            <ENT>12,210</ENT>
                                            <ENT>5,600</ENT>
                                            <ENT>1.3</ENT>
                                            <ENT>0.090</ENT>
                                            <ENT>Dec. 2001.</ENT>
                                        </ROW>
                                        <ROW>
                                            <ENT I="01">2004</ENT>
                                            <ENT>Urban bus HDE</ENT>
                                            <ENT>
                                                NO
                                                <E T="0732">X</E>
                                                +NMHC
                                            </ENT>
                                            <ENT>2.4</ENT>
                                            <ENT>3,930</ENT>
                                            <ENT>6,660</ENT>
                                            <ENT>3,800</ENT>
                                            <ENT>1.3</ENT>
                                            <ENT>0.155</ENT>
                                            <ENT>Dec. 2001.</ENT>
                                        </ROW>
                                        <ROW>
                                            <ENT I="01">2012</ENT>
                                            <ENT>Heavy HDDE</ENT>
                                            <ENT>
                                                NO
                                                <E T="0732">X</E>
                                            </ENT>
                                            <ENT>0.20</ENT>
                                            <ENT>3,219</ENT>
                                            <ENT>3,775</ENT>
                                            <ENT>10,729</ENT>
                                            <ENT>1.173</ENT>
                                            <ENT>0.005</ENT>
                                            <ENT>Dec. 2011.</ENT>
                                        </ROW>
                                    </GPOTABLE>
                                </EXTRACT>
                            </SECTION>
                        </SUBPART>
                    </PART>
                </SUPLINF>
                <FRDOC>[FR Doc. 2026-14112 Filed 7-13-26; 8:45 am]</FRDOC>
                <BILCOD>BILLING CODE 6560-50-P</BILCOD>
            </PRORULE>
        </PRORULES>
    </NEWPART>
    <VOL>91</VOL>
    <NO>133</NO>
    <DATE>Tuesday, July 14, 2026</DATE>
    <UNITNAME>Rules and Regulations</UNITNAME>
    <NEWPART>
        <PTITLE>
            <PRTPAGE P="43299"/>
            <PARTNO>Part III</PARTNO>
            <AGENCY TYPE="P"> Department of Interior</AGENCY>
            <SUBAGY> Fish and Wildlife Service</SUBAGY>
            <HRULE/>
            <CFR>50 CFR Part 17</CFR>
            <AGENCY TYPE="P"> Department of Commerce</AGENCY>
            <SUBAGY> National Oceanic and Atmospheric Administration</SUBAGY>
            <HRULE/>
            <CFR>50 CFR Part 222</CFR>
            <TITLE>Rescinding the Definition of “Harm” Under the Endangered Species Act; Final Rule</TITLE>
        </PTITLE>
        <RULES>
            <RULE>
                <PREAMB>
                    <PRTPAGE P="43300"/>
                    <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
                    <SUBAGY>Fish and Wildlife Service</SUBAGY>
                    <CFR>50 CFR Part 17</CFR>
                    <AGENCY TYPE="O">DEPARTMENT OF COMMERCE</AGENCY>
                    <SUBAGY>National Oceanic and Atmospheric Administration</SUBAGY>
                    <CFR>50 CFR Part 222</CFR>
                    <DEPDOC>[Docket No. FWS-HQ-ES-2025-0034; FXES11160900000-267-FF09E23000; Docket No. NMFS-250411-0064]</DEPDOC>
                    <RIN>RIN 1018-BI38; 0648-BN93</RIN>
                    <SUBJECT>Rescinding the Definition of “Harm” Under the Endangered Species Act</SUBJECT>
                    <AGY>
                        <HD SOURCE="HED">AGENCY:</HD>
                        <P>U.S. Fish and Wildlife Service, Interior; National Oceanic and Atmospheric Administration, Commerce.</P>
                    </AGY>
                    <ACT>
                        <HD SOURCE="HED">ACTION:</HD>
                        <P>Final rule.</P>
                    </ACT>
                    <SUM>
                        <HD SOURCE="HED">SUMMARY:</HD>
                        <P>We, the U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS; collectively referred to as the “Services”) rescind the regulatory definition of “harm” in our Endangered Species Act (ESA or the Act) regulations. This rescission removes the regulatory definition of “harm” from the Code of Federal Regulations (CFR) in Title 50 parts 17 and 222.</P>
                    </SUM>
                    <EFFDATE>
                        <HD SOURCE="HED">DATES:</HD>
                        <P>This final rule is effective September 14, 2026.</P>
                    </EFFDATE>
                    <ADD>
                        <HD SOURCE="HED">ADDRESSES:</HD>
                        <P>
                            Public comments and materials received, as well as supporting documentation used in the preparation of this final rule, are available online at 
                            <E T="03">https://www.regulations.gov</E>
                             in Docket No. FWS-HQ-ES-2025-0034.
                        </P>
                    </ADD>
                    <FURINF>
                        <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                        <P>
                            John Tirpak, Acting Assistant Director, Ecological Services, at 703-358-2171 or 
                            <E T="03">ADEcologicalServices@fws.gov</E>
                             with a subject line of “1018-BI38.” Individuals in the United States who are deaf, deafblind, hard of hearing, or have a speech disability may dial 711 (TTY, TDD, or TeleBraille) to access telecommunications relay services. Individuals outside the United States should use the relay services offered within their country to make international calls to the point-of-contact in the United States.
                        </P>
                    </FURINF>
                </PREAMB>
                <SUPLINF>
                    <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                    <HD SOURCE="HD1">Background</HD>
                    <P>
                        The Endangered Species Act, as amended, (hereafter referred to as ESA or the Act; 16 U.S.C. 1531 
                        <E T="03">et seq.</E>
                        ) prohibits the “take” of endangered wildlife under section 9 (16 U.S.C. 1538). This is part of a detailed statutory scheme that lays different responsibilities, powers, and prohibitions on the federal government and private citizens, as part of an overall effort to protect endangered species. Section 7 of the ESA imposes on the federal government the responsibility to “insure that any action authorized, funded, or carried out by such agency . . . is not likely to jeopardize the continued existence of any endangered species or threatened species or result in the destruction or adverse modification of habitat which is determined by the Secretary . . . to be critical . . . .” (16 U.S.C. 1536(a)(2)). Section 5 empowers the federal government to purchase private property “to conserve fish, wildlife, and plants, including those which are listed as endangered species or threatened species” (16 U.S.C. 1534). And section 9 prohibits private citizens from “tak[ing]” animals that are members of an endangered species (16 U.S.C. 1538).
                    </P>
                    <P>
                        “Take” is a term with a traditional meaning, 
                        <E T="03">i.e.,</E>
                         to kill or capture a wild animal. 
                        <E T="03">See</E>
                         Oxford English Dictionary (1933; third printing in February 1973). The Act provides its own definition in section 3, which expands that meaning slightly: “to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct” (16 U.S.C. 1532). This definition “make[s] clear” that “take,” as used in the statute, “include[s] not just a completed taking, but the process of taking, and all of the acts that are customarily identified with or accompany that process . . . so as to include attempts” (
                        <E T="03">Babbitt</E>
                         v. 
                        <E T="03">Sweet Home Chapter of Communities for a Great Oregon,</E>
                         515 U.S. 687, 718 (1995) (Scalia, J., dissenting)). This is a slight, sensible, and “not unusual[]” expansion of the traditional definition of “take”; even so, the traditional meaning of “take” remains plainly the core of what is being defined (
                        <E T="03">Id.</E>
                        ).
                    </P>
                    <P>
                        Thus, under the statutory scheme as enacted, the government would “insure” that its own actions did not “jeopardize the continued existence of any endangered species or threatened species” or “result in the destruction or adverse modification of” critical habitat (a statutory term that is different from the habitat, simpliciter, of the species). Meanwhile, where government action is 
                        <E T="03">not</E>
                         involved, the Act protects endangered species in two ways: by directly prohibiting citizens from killing, injuring, or capturing any member of those species (or attempting to do so), and by purchasing the land of private citizens to assist in conservation. To complete this regime, Section 10 then creates an incidental-take regime for when such take is nonetheless inevitable in the pursuit of some other activity, as when fishing for a non-endangered species of fish will, inadvertently but inevitably, lead to the catch of an endangered species of fish.
                    </P>
                    <P>
                        But starting in 1975, FWS promulgated regulatory definitions of “harm” that dramatically expanded the plain meaning of “take,” to sweep in (and thus prohibit) actions that impair the habitat of protected species. That year, FWS published a final rule that defined “harm” as “...an act or omission which actually injures or kills wildlife, including acts which annoy it to such an extent as to significantly disrupt essential behavioral patterns, which include, but are not limited to, breeding, feeding or sheltering; 
                        <E T="03">significant environmental modification or degradation</E>
                         which has such effects is included within the meaning of `harm' (40 FR 44412 at 44416, Sept. 26, 1975) (emphasis added)).
                        <SU>1</SU>
                        <FTREF/>
                         Indeed, the history of this regulation suggests that FWS's original goal was not to define “harm,” but to prohibit habitat modification by private citizens, irrespective of means: When the Service first proposed the regulation, it incorporated a prohibition on habitat modification as part of the definition of a completely different word, “harass” (see 40 FR 28712). Only at the final-rule stage did FWS shift this prohibition into the definition of “harm,” with little to no explanation of why (see 40 FR 44413).
                        <SU>2</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>1</SU>
                             It is indicative that the end in mind was prohibiting habitat modification by private citizens, rather than construing the meaning of “harm,” that the Service initially proposed this rule in a form that would have made a prohibition on habitat modification a part of the definition of a completely different word, “harass.” See 40 FR 28712.
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>2</SU>
                             What little explanation the final rule provided for this change suggests that FWS was by that time focused on principles of intent and causation. The rule noted that FWS was modifying the definition of “harass” and that “[t]he concept of environmental damage being considered a `taking' has been retained, but is now found in a new definition, of the word `harm'” (
                            <E T="03">Id.</E>
                            ). It then went on state that “`[h]arm covers actions or omissions which actually, (as opposed to potentially), cause injury,” and that, “[i]n addition, the definition of `harass' has been modified by restricting its application to acts or omissions which are done intentionally or negligently. In the proposal, `harass' would have applied to any action, regardless of intent or negligence” (
                            <E T="03">Id.</E>
                            ). None of this explains why the Services suddenly had concluded that habitat modification was an intrinsic part of the word “harm,” or why it was no longer part of the word “harass.”
                        </P>
                    </FTNT>
                    <P>
                        In 1981, FWS drew back slightly, redefining “harm” in 1981 to “an act which actually kills or injures wildlife. Such act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential 
                        <PRTPAGE P="43301"/>
                        behavioral patterns, including breeding, feeding or sheltering” (46 FR 54748 at 54750, Nov. 4, 1981). FWS explained its modification on the grounds that the previous definition could have been construed as prohibiting habitat modification even where there was no injury to the listed endangered or threatened wildlife, which would “go beyond the intent of Congress” (46 FR 54748, November 4, 1981). Nonetheless, the fundamental shift had already occurred, and the 1981 rulemaking did not undo it: FWS has transformed section 9 by the issuance of regulatory definitions from a prohibition on private citizens hunting, capturing, or otherwise attempting to kill or injure certain specifically protected 
                        <E T="03">animals</E>
                         into a sweeping 
                        <E T="03">land-use</E>
                         regulation. Against that backdrop, section 10's “incidental take” regime became a land-use regime.
                    </P>
                    <P>
                        NMFS did not define “harm” in regulations until 1999 (see 64 FR 60731,Nov. 8, 1999). When it did so, it adopted a definition similar to FWS's 1981 redefinition but included NMFS-specific modifiers: “an act which actually kills or injures fish or wildlife. Such an act may include significant habitat modification or degradation which actually kills or injures fish or wildlife by significantly impairing essential behavioral patterns, including, breeding, spawning, rearing, migrating, feeding or sheltering” (
                        <E T="03">Id.</E>
                        ).
                    </P>
                    <P>
                        In 
                        <E T="03">Babbitt</E>
                         v. 
                        <E T="03">Sweet Home Chapter of Communities for a Great Oregon,</E>
                         515 U.S. 687 (1995; 
                        <E T="03">Sweet Home</E>
                        ), the Supreme Court rejected a challenge to FWS's regulation by applying 
                        <E T="03">Chevron</E>
                         deference and determining that FWS's interpretation of the ESA was a “reasonable”—even if not the best—interpretation of the statute 
                        <SU>3</SU>
                        <FTREF/>
                         (
                        <E T="03">Id.</E>
                         at 697, 703). In a dissent that has literally become textbook,
                        <SU>4</SU>
                        <FTREF/>
                         Justice Scalia, joined by then-Chief Justice Rehnquist and Justice Thomas, explained why FWS's construction was not the best reading of the statute; indeed, Justice Scalia would have held that FWS's interpretation of “harm” was not even a permissible reading of the statute under 
                        <E T="03">Chevron,</E>
                         given its inconsistency with the structure and text of the ESA. As Justice Scalia observed, “[i]f `take' were not elsewhere defined in the Act, none could dispute what it means, for the term is as old as the law itself. To `take,' when applied to wild animals, means to reduce those animals, by killing or capturing, to human control” (515 U.S. at 717 (Scalia, J., dissenting)).
                        <SU>5</SU>
                        <FTREF/>
                         And here, under the 
                        <E T="03">noscitur a sociis</E>
                         canon, the term “harm,” like the other nine verbs in the definition of “take,” should be construed to require an “affirmative act[] . . . directed immediately and intentionally against a particular animal—not [an] act[] or omission[] that indirectly and accidentally cause[s] injury to a population of animals (515 U.S. at 719-720 (Scalia, J., dissenting); see also 
                        <E T="03">id.</E>
                         at 719 (“`Harm' is merely one of 10 prohibitory words in [the ESA's definition of “take”], and the other 9 fit the ordinary meaning of `take' perfectly.”)).
                    </P>
                    <FTNT>
                        <P>
                            <SU>3</SU>
                             The Services are aware that at least one intermediate court has suggested that 
                            <E T="03">Sweet Home</E>
                             did not ground its ruling in 
                            <E T="03">Chevron</E>
                             deference. 
                            <E T="03">See Cargill</E>
                             v. 
                            <E T="03">Garland,</E>
                             57 F.4th 447, 467 (5th Cir. 2023), 
                            <E T="03">aff'd sub nom. Garland</E>
                             v. 
                            <E T="03">Cargill,</E>
                             602 U.S. 406 (2024). 
                            <E T="03">But cf. Lubow</E>
                             v. 
                            <E T="03">U.S. Dep't of State,</E>
                             783 F.3d 877, 884 (D.C. Cir. 2015) (citing 
                            <E T="03">Babbitt</E>
                             for the proposition that a court can proceed directly to 
                            <E T="03">Chevron</E>
                             Step Two without a threshold determination of ambiguity). The Services do not agree that 
                            <E T="03">Sweet Home</E>
                             was not a 
                            <E T="03">Chevron</E>
                             case. The Court in 
                            <E T="03">Sweet Home</E>
                             explained explicitly that it “need not decide whether the statutory definition of `take' compels the Secretary's interpretation of `harm,' because [the Court's] conclusions that Congress did not unambiguously manifest its intent to adopt respondents' view and that the Secretary's interpretation is reasonable suffice[d] to decide th[e] case” (515 U.S. 687, 703 (1995) (citing 
                            <E T="03">Chevron U.S.A. Inc.</E>
                             v. 
                            <E T="03">Natural Resources Defense Council, Inc.,</E>
                             467 U.S. 837 (1984))). The Court described its “conclusion that the Secretary's definition of `harm'” as “rest[ing] on a 
                            <E T="03">permissible</E>
                             construction of the ESA” (515 U.S. at 704 (emphasis added); 
                            <E T="03">see also id.</E>
                             at 708 (“When Congress has entrusted the Secretary with broad discretion, we are especially reluctant to substitute our views of wise policy for his. 
                            <E T="03">See Chevron,</E>
                             467 U.S. at 865-66. In this case, that reluctance accords with our conclusion, based on the text, structure, and legislative history of the ESA, that the Secretary reasonably construed the intent of Congress when he defined `harm' to include `significant habitat modification or degradation that actually kills or injures wildlife.'”)).
                        </P>
                        <P>
                            Furthermore, the 
                            <E T="03">Sweet Home</E>
                             Court explicitly refrained from “decid[ing] whether the statutory definition of `take' compels the Secretary's interpretation of `harm'” (
                            <E T="03">Id.</E>
                             at 703). Thus, regardless of the doctrinal reasoning underlying that conclusion, 
                            <E T="03">Sweet Home</E>
                             does not bear the preclusive effect that some would ascribe to it.
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>4</SU>
                             
                            <E T="03">See, e.g.,</E>
                             Mikva, et al., 
                            <E T="03">Legislative Process</E>
                             749 (5th ed. 2025); Manning &amp; Stephenson, 
                            <E T="03">Legislation and Regulation, Cases and Materials</E>
                             1201 (5th ed. 2025).
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>5</SU>
                             
                            <E T="03">See, e.g.,</E>
                             11 Oxford English Dictionary (1933) (defining “take” as to kill or capture a wild animal); Webster's New International Dictionary of the English Language (2d ed. 1949) (take defined as “to catch or capture by trapping, snaring, etc., or as prey”); 
                            <E T="03">Geer</E>
                             v. 
                            <E T="03">Connecticut,</E>
                             161 U.S. 519, 523 (1896) (“All the animals which can be taken upon the earth, in the sea, or in the air, that is to say, wild animals, belong to those who take them”) (quoting the Digest of Justinian); 2 W. Blackstone, Commentaries 411 (1766) (“Every man . . . has an equal right of pursuing and taking to his own use all such creatures as are 
                            <E T="03">ferae naturae”</E>
                            ).
                        </P>
                    </FTNT>
                    <P>
                        Justice Scalia also explained that FWS's definition of “harm” does not fit with the use of “take” throughout the Act, including where provisions like section 1538(a)(1)(D) which prohibits the possession, sale, and transport of “species taken in violation” of the Act “would apply to taking only in the ordinary sense, and are meaningless as applied to species injured by environmental modification” (
                        <E T="03">Id.</E>
                         at 723). Nor does FWS's definition of “harm” work with the “broader structure of the Act,” noting that “Congress's explicit prohibition of habitat modification in the [Section 7 of the ESA] would bar the inference of an implicit prohibition of habitat modification in [Section 9 of the ESA]” (
                        <E T="03">Id.</E>
                         at 724; see also 
                        <E T="03">id.</E>
                         (stating that statutes should be read as far as possible to give independent effect to all their provisions)).
                        <SU>6</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>6</SU>
                             Although 
                            <E T="03">Sweet Home</E>
                             was focused on FWS's regulation at 50 CFR 17.3, NMFS's definition of “harm” at 50 CFR 222.102 is substantially the same.
                        </P>
                    </FTNT>
                    <P>
                        The Supreme Court recently abrogated the doctrine of 
                        <E T="03">Chevron</E>
                         deference in 
                        <E T="03">Loper Bright Enterprises</E>
                         v. 
                        <E T="03">Raimondo,</E>
                         603 U.S. 369 (2024) (After 
                        <E T="03">Loper Bright</E>
                        ), “the question that matters” in regulatory litigation is whether “the 
                        <E T="03">statute</E>
                         authorizes the challenged agency action” (603 U.S. at 406 (emphasis added)). In other words, does the agency's regulation match the single, best meaning of the statute?
                    </P>
                    <P>
                        We have concluded that the Services' existing regulations, which contain the definition of “harm” contested in 
                        <E T="03">Sweet Home,</E>
                         do not match the single, best meaning of the statute. As Justice Scalia's dissent in 
                        <E T="03">Sweet Home</E>
                         explains, the regulations' interpretation of the statutory language runs afoul of the 
                        <E T="03">noscitur a sociis</E>
                         canon and is inconsistent with the structure of the ESA. We adopt Justice Scalia's rationale as articulated in 
                        <E T="03">Sweet Home</E>
                         and conclude that the Services' regulatory definitions are unlawful, notwithstanding the Court's prior upholding of the regulatory definition under 
                        <E T="03">Chevron</E>
                         deference.
                    </P>
                    <P>
                        We recognize that the Supreme Court held in 
                        <E T="03">Loper Bright</E>
                         that its “prior cases that relied on the 
                        <E T="03">Chevron</E>
                         framework . . . are still subject to statutory 
                        <E T="03">stare decisis”</E>
                         (603 U.S. at 412). But under the then-prevailing 
                        <E T="03">Chevron</E>
                         framework, 
                        <E T="03">Sweet Home</E>
                         held only that the existing regulation is a permissible reading of the ESA, not the only possible such reading. Indeed, even during the 
                        <E T="03">Chevron</E>
                         era, the Services would have been free to change their interpretation of the Act, even after a court had applied 
                        <E T="03">Chevron</E>
                         deference to uphold that earlier interpretation, as in 
                        <E T="03">Sweet Home.</E>
                         See generally 
                        <E T="03">Nat'l Cable &amp; Telecomms. Ass'n</E>
                         v. 
                        <E T="03">Brand X internet Servs.,</E>
                         545 U.S. 967 (2005); see also 
                        <E T="03">Sweet Home,</E>
                         515 U.S. at 714 (O'Connor, J., concurring) (“[N]othing the Court says today prevents the agency itself from narrowing the scope of its 
                        <PRTPAGE P="43302"/>
                        regulation at a later date.”). That was because a 
                        <E T="03">Chevron</E>
                         deference-grounded precedent did not hold that an agency's “construction follow[ed] from the 
                        <E T="03">unambiguous</E>
                         terms of the statute and thus l[eft] no room for agency discretion”; rather, such a precedent only established that the agency's construction was only one of potentially multiple permissible interpretations of the statute (
                        <E T="03">Brand X,</E>
                         545 U.S. at 982 (emphasis added)). Though, in 
                        <E T="03">Loper Bright,</E>
                         the Court declared that statutory stare decisis would protect specific regulations upheld under 
                        <E T="03">Chevron</E>
                         from future litigation challenges, the Court left open the possibility that the executive branch could itself depart from regulations that do not match the single, best meaning of the statute—so long as the new regulations reflect that best meaning (see 
                        <E T="03">Loper Bright,</E>
                         603 U.S. at 412). This makes particular sense given 
                        <E T="03">Loper Bright'</E>
                        s focus on the propriety of executing the laws as written by Congress and the Executive Branch's constitutional obligation to “take Care that the Laws be faithfully executed” (U.S. Const. art. II, section 3).
                    </P>
                    <P>
                        In light of their determination of illegality, the Services have determined that the best path forward is to rescind the regulatory definition entirely—instead of keeping part of it—and to refrain from implementing a replacement definition (see 
                        <E T="03">Dep't of Homeland Security</E>
                         v. 
                        <E T="03">Regents,</E>
                         591 U.S. 1, 25 (2020)).
                        <SU>7</SU>
                        <FTREF/>
                         We have also concluded—after careful consideration of the alternatives—that no replacement definition is needed.
                    </P>
                    <FTNT>
                        <P>
                            <SU>7</SU>
                             To be sure, the Services note that both 
                            <E T="03">Regents</E>
                             and 
                            <E T="03">State Farm</E>
                             involved two-pronged policies. Here, the Services' rescission involves a single regulatory definition.
                        </P>
                    </FTNT>
                    <P>
                        The Services understand that they are “not writing on a blank slate,” and thus the Services have considered reliance interests—including those raised in public comments—in maintaining the existing definition or at least 
                        <E T="03">some</E>
                         definition (
                        <E T="03">Regents,</E>
                         591 U.S. at 33 (requiring such consideration when agency is “not writing on a blank slate”)). Below, the Services' responses to public comments address these reliance interests. At the outset, however, the Services acknowledge that the existence of a regulatory definition, as such, has provided some certainty to regulated entities. Further, the Services acknowledge that, in at least some circumstances, “longstanding policies may have `engendered serious reliance interests that must be taken into account'” (
                        <E T="03">Encino Motorcars, LLC</E>
                         v. 
                        <E T="03">Navarro,</E>
                         579 U.S. 211, 221-22 (2016) (
                        <E T="03">quoting FCC</E>
                         v. 
                        <E T="03">Fox Television Stations, Inc.,</E>
                         556 U.S. 502, 515 (2009))).
                    </P>
                    <P>
                        Having taken these interests into account, the Services have concluded that such interests do not outweigh the need for a full rescission. The ESA itself defines “take,” which is the operative term prohibited under section 9 (16 U.S.C. 1532(19)). It is true that Justice Scalia's dissent in 
                        <E T="03">Sweet Home</E>
                         does not call into question the legality of the first sentence of the regulatory definition of “harm”: “
                        <E T="03">Harm</E>
                         in the definition of `take' in the Act means an act which actually kills or injures wildlife.” But the current regulations were promulgated and amended as a single, integrated interpretive framework. The first sentence has functioned as the introductory clause to the more-elaborate restrictions that follow, and the Services have determined that those restrictions are unlawful. Thus, the Services believe that retaining even part of the unlawful regulation here would risk creating uncertainty about which aspects of the prior agency interpretations remain operative and which do not. Moreover, maintaining the first sentence on its own would not materially enhance regulatory clarity relative to the statutory text itself. In the Services' judgment, preserving that sentence as a standalone regulation therefore would provide limited independent guidance while risking confusion about the continuing legal significance of the rescinded portions of the regulation.
                    </P>
                    <P>
                        Nor do the Services choose to add a new regulatory definition for “harm.” Given that “take” is defined in the statute, and that the role and meaning of the term “harm” within the larger definition of “take” was expertly explicated by Justice Scalia in his 
                        <E T="03">Sweet Home</E>
                         dissent—an interpretation which we have herein adopted—we find that maintaining a freestanding definition of “harm” is unnecessary. Moreover, at least in this situation and given the history detailed above, inserting a regulatory definition within a statutory definition that was otherwise clear appears to have been an attempt to arrogate to the Services authorities which Congress never granted. Returning to the statutory definition as the operative language is therefore especially appropriate.
                    </P>
                    <P>
                        Because our regulations that define “harm” do not accord with the single, best meaning of the statutory text, the Services published a proposed rule in the 
                        <E T="04">Federal Register</E>
                         to rescind the definitions of “harm” from title 50 CFR 17 and 222 (90 FR 16102, April 17, 2025). In that proposed rule, we provided background and rationale for rescinding the definitions of “harm.” We solicited public comments on the proposed rule through May 19, 2025.
                    </P>
                    <P>
                        Following consideration of all public comments received in response to our proposed rule, and for the reasons outlined in our proposed rule and in this final rule, we are rescinding the regulatory definition of “harm.” By finalizing the rescission of the regulatory definition of “harm,” the Services are relying on the plain text of the statute as the standard going forward, but nothing in this final rule is intended to require that any prior permit or incidental take statement issued by the Services that relied on the prior definition of “harm” be reevaluated on the basis of this final regulation. Such incidental-take statements, and indeed the entire section 7 analysis, were but one input among many into the ultimate decision whether and how to authorize a given action (
                        <E T="03">Cf. Seven Cnty. Infrastructure Coal.</E>
                         v. 
                        <E T="03">Eagle Cnty., Colorado,</E>
                         605 U.S. 168, 180 (2025) (noting that an environmental impact statement issued under the National Environmental Policy Act is “only one input into an agency's decision,” and that the ultimate locus of analysis, for purposes of administrative law, is “the agency's final decision”)). Disturbing the finality of the overall permitting decision would be highly disruptive to settled expectations, as well as immensely time-consuming and difficult, in return for at most speculative gains. Therefore, permits or incidental take statements finalized prior to the effective date of this rule will not be required to be reevaluated under this final rule. (For the effective date of this rule, see 
                        <E T="02">DATES</E>
                        , above.)
                    </P>
                    <HD SOURCE="HD1">Public Comments and Responses</HD>
                    <P>
                        By the close of the public comment period on May 19, 2025, we received approximately 358,000 public comments on the proposed rule to rescind the regulatory definition of “harm.” Comments were received from a range of sources including individual members of the public, States, Tribes, industry organizations, legal foundations and firms, and environmental organizations. During the public comment period, we received multiple requests for public hearings. However, as public hearings are not required for this type of rulemaking, we elected not to hold them. We also received several requests for an extension of the 30-day public comment period. After consideration, we determined that 30 days provided sufficient time for the public to submit 
                        <PRTPAGE P="43303"/>
                        meaningful comments and therefore we did not extend the comment period.
                    </P>
                    <P>
                        Some commenters expressed support for the rule while other commenters requested that the proposed rule not be finalized. Among the submissions we received were multiple letters from organizations signed by individuals expressing general opposition to the proposed rule. Many of the individual comments we received were non-substantive in nature, expressing either general support for, or opposition to, the proposed rule with no supporting information or analysis. We also received many detailed substantive comments expressing support for, or opposition to, the proposed rule for specific reasons. All public comments were reviewed and considered prior to developing this final rule. Summaries of substantive comments and our responses are provided below. Similar comments are combined where appropriate. We did not, however, consider or respond to comments that are not relevant to or are beyond the scope of this particular rulemaking. For example, some commenters responded to unrelated 
                        <E T="04">Federal Register</E>
                         notices and proposed rulemakings (
                        <E T="03">e.g.,</E>
                         the U.S. Forest Service's Consent for Geothermal Leasing Project), congressional bills (
                        <E T="03">e.g.,</E>
                         H.R. 845 (Pet and Livestock Protection Act of 2025) and H.R. 1897 (ESA Amendments Act of 2025), or statutory provisions outside the ESA (
                        <E T="03">e.g.,</E>
                         Animal Welfare Act).
                    </P>
                    <P>
                        <E T="03">Comment 1:</E>
                         Some commenters stated that Congress did not intend for the ESA prohibition on “take” to include habitat modification as defined under the term “harm.” They discussed that the legislative history show that “take” was meant to cover direct, affirmative actions against individual animals, not indirect, incidental, or unintentional impacts to species such as habitat modification or degradation. Several cited Justice Scalia's dissent in 
                        <E T="03">Sweet Home</E>
                         and the removal of habitat language from early drafts of the ESA as evidence that Congress deliberately chose to address habitat protection through other provisions, such as sections 5 and 7. Commenters stated that these sections were designed to address habitat conservation through land acquisition and Federal agency responsibilities, not through the “take” prohibition in section 9. Commenters also stated that the Services' current definition of “harm” unlawfully expands the scope of “take” beyond congressional intent and creates regulatory burdens that hinder land management and conservation practices. Other commenters disagreed, however, asserting that Congress intended “harm” to include habitat destruction or modification that indirectly or unintentionally results in injury or death to listed species. They pointed to the broad language of the ESA, its legislative history, and the statute's overarching goal stated in section 2 of the Act to conserve ecosystems upon which endangered and threatened species depend. Several commenters also stated that Congress deliberately included “harm” in the definition of “take” to broaden its scope beyond traditional notions of hunting or capturing, and that the Services' reinterpretation ignores this legislative intent.
                    </P>
                    <P>
                        <E T="03">Response:</E>
                         The Services acknowledge the divergent views expressed by commenters relying on congressional intent. The Services recognize that the legislative history contains references both to direct actions against wildlife in section 9 and separately to broader ecosystem conservation goals in section 2. “[L]egislative history,” however, “is not the law” (
                        <E T="03">Epic Sys. Corp.</E>
                         v. 
                        <E T="03">Lewis,</E>
                         584 U.S. 497, 523 (2018)).
                    </P>
                    <P>
                        Upon reevaluation and consideration of comments received, the Services have concluded that the regulatory definition of “harm” is not the single, best meaning of the text of the statute. As Justice Scalia's dissent in 
                        <E T="03">Sweet Home</E>
                         explains, the regulation's interpretation of the statutory language runs afoul of the 
                        <E T="03">noscitur a sociis</E>
                         canon, is inconsistent with the structure of the ESA, which provides distinct mechanisms for habitat protection under sections 5 and 7, and disregards the absence of habitat-related language in the definition of “take” in section 3 itself. For more discussion, see Background, above. We also affirm our stated position in the proposed rule that no replacement definition is needed. The ESA itself defines “take,” and the regulatory elaboration of one subcomponent of that definition — “harm”— has had the effect of exceeding the proper bounds of the statute and asserting power that Congress never actually gave to the executive branch.
                    </P>
                    <P>
                        “Even if legislative history were a legitimate and reliable tool of interpretation,” moreover, “[b]oth the Senate and House floor managers of the bill explained it in terms which leave no doubt that the problem of habitat destruction on private lands was to be solved principally by the land acquisition program of section 1534, while section 1538 solved a different problem altogether the problem of takings” (
                        <E T="03">Sweet Home,</E>
                         515 U.S. at 727-28 (Scalia, J., dissenting) (citing to relevant legislative history)). “Habitat modification and takings, in other words, were viewed as different problems, addressed by different provisions of the Act” (
                        <E T="03">Id.</E>
                         at 728).
                    </P>
                    <P>Accordingly, the Services conclude that rescinding the regulatory definition of “harm” is consistent with the single, best reading of the ESA and with the statute's overall framework, which clearly distinguishes between prohibitions on “take” and broader habitat conservation responsibilities.</P>
                    <P>
                        <E T="03">Comment 2:</E>
                         Multiple commenters stated that the best reading of the ESA does not support the Services' proposed rule. Several commenters supported the rescission, citing the Supreme Court's decision in 
                        <E T="03">Loper Bright,</E>
                         which ended 
                        <E T="03">Chevron</E>
                         deference and emphasized that courts must apply the single, best reading of a statute. These commenters aligned with Justice Scalia's dissent in 
                        <E T="03">Sweet Home,</E>
                         asserting that “take” under the ESA refers only to direct, affirmative acts against individual animals themselves, not to indirect effects such as habitat modification. They opined that the current definition improperly extends liability to unintended consequences and lacks statutory grounding under section 9. Others, however, contended that the Services' proposal misreads the statute and ignores the ESA's structure, purpose, and legislative history. They asserted that habitat protection is central to the ESA, citing multiple statutory provisions and decades of judicial and agency interpretation affirming that “harm” includes habitat destruction that results in injury or death to wildlife. These commenters stated that the Services' reliance on 
                        <E T="03">Sweet Home'</E>
                        s dissent is misplaced, as the majority opinion upheld the current definition based on statutory text, purpose, and legislative history independent of 
                        <E T="03">Chevron.</E>
                         They also noted that Congress amended the ESA after 
                        <E T="03">Sweet Home</E>
                         without altering the definition of “take,” implicitly endorsing the broader interpretation. Overall, the comments reflect a divergence of opinions over whether the best reading of the ESA supports or rejects the inclusion of habitat modification in a definition of “harm.”
                    </P>
                    <P>
                        <E T="03">Response:</E>
                         After careful review of comments received, the Services have determined that the regulatory definition of “harm” runs contrary to the single, best reading of the ESA. As stated by Justice Scalia in his dissenting opinion in 
                        <E T="03">Sweet Home,</E>
                         the term “take,” defined in section 3, applies to actions that result in actual injury or death to listed species. The Services find that considering habitat degradation or modification that kills or 
                        <PRTPAGE P="43304"/>
                        injures wildlife by significantly impairing improper essential behavioral patterns stretches the term “harm” beyond its natural meaning and creates overlap with other provisions of the ESA, such as sections 5 and 7, which are specifically designed to address habitat conservation.
                    </P>
                    <P>
                        For more discussion, see Background, above, and our response to Comment 1. We reject the majority's interpretation of the ESA as articulated in 
                        <E T="03">Sweet Home.</E>
                         The Services conclude that rescinding the definition of “harm” supports the single, best reading of the ESA.
                    </P>
                    <P>
                        <E T="03">Comment 3:</E>
                         Multiple commenters opined that the rescission of the definition of “harm” would weaken the effectiveness of section 7 consultations by excluding incidental take resulting solely from habitat modification or degradation. They expressed concern that this narrower interpretation would lead to incomplete jeopardy analyses and undermine the legal and scientific basis for “no jeopardy” determinations. Commenters asserted that section 7 requires ongoing oversight and reinitiation of consultation when new information or changes in actions affect listed species or their designated critical habitat. They highlighted that incidental take statements are a critical mechanism for monitoring and limiting “harm,” and that these statements must include enforceable thresholds and measures to minimize impacts to species. Commenters also pointed to the legislative history of the ESA, asserting that Congress intended section 7 to encompass habitat-related impacts as a form of “take,” and that this intent is reflected in the statute's structure and amendments. They contended that rescinding the definition of “harm” and not considering habitat modification or degradation as a form of “take” would contradict this intent and reduce the ability of Federal agencies to ensure that their actions do not jeopardize listed species.
                    </P>
                    <P>
                        <E T="03">Response:</E>
                         The rescission of the definition of “harm” does not alter the statutory requirement that Federal agencies ensure their actions are not likely to jeopardize the continued existence of listed species or “
                        <E T="03">result in the destruction or adverse modification of [critical] habitat of such species”</E>
                         (16 U.S.C. 1536(a) (emphasis added)). “Destruction or adverse modification” is a separate regulatory consideration from “take.” Thus, not only is the statutory prohibition in section 7 against habitat modification not affected at all by the deletion of the definition of “harm” (which itself defines, in part, “take”), but the presence of this separate and distinct provision in the statutory text regarding habitat modification reinforces the Services' conclusion that habitat modification is not properly part of the definition of “take,” as such a construction would violate the canon against surplusage. The Services emphasize that section 7 remains fully applicable to Federal actions that may affect listed species or their designated critical habitat. This rulemaking also does not change any species classifications or critical habitat designations.
                    </P>
                    <P>
                        The rescission of the regulatory definition of “harm” does not limit the Services' ability to assess impacts to listed species and critical habitat from all components of the action agency's proposed action through the section 7 process. Yet, imposing the current incidental take regime on activities beyond those authorized by the statute is not an appropriate option that the Services believes they should avail themselves of (even if it were permissible under 
                        <E T="03">Loper Bright'</E>
                        s dicta regarding the statutory-stare-decisis value of prior cases), given the executive branch's duty to see that the laws are faithfully executed. What commenters are suggesting is, in short, that we continue to subject a swath of activities to the incidental-take regime, which otherwise would not be subject to this regime on the best reading of the statute, simply because that would allow the Services to better monitor and accomplish some other goal, 
                        <E T="03">i.e.,</E>
                         monitoring and limiting true “harm.” The Services reject this invitation as not being a proper implementation of the law, because it would impose burdens on the citizenry that are not authorized by statute.
                    </P>
                    <P>
                        <E T="03">Comment 4:</E>
                         Multiple commenters stated that the proposed rescission of the definition of “harm” would significantly reduce the incentive for landowners to voluntarily seek permits under section 10(a) and would weaken the functional basis of section 10 permitting. They emphasized that the current definition of “harm” is essential for implementing habitat conservation plans (HCPs) and the associated incidental take permits (ITPs), as well as conservation benefit agreements (CBAs) and their associated enhancement of survival (EOS) permits. These tools provide regulatory assurances for landowners and enable proactive, voluntary conservation. Commenters warned that removing the definition would reduce incentives to seek ITPs, increase unpermitted “take,” and lead to greater habitat destruction. They also opined that the change would create legal uncertainty and diminish the effectiveness of conservation strategies, arguing that section 10(a) permitting depends on a regulatory framework that recognizes habitat modification or degradation as a form of “take.”
                    </P>
                    <P>
                        <E T="03">Response:</E>
                         Commenters are correct that private parties seeking ITPs and EOS permits pursuant to section 10(a) of the ESA will no longer need to articulate the “impact” to species' habitat, explain how they will “minimize and mitigate” habitat modification or degradation, or consider alternatives in service of mitigating habitat modification or degradation in their conservation plans in order to obtain an incidental take permit. This rulemaking takes the position that the Services' requiring private parties to do so is unlawful, and thus impermissible for the agency to require.
                    </P>
                    <P>
                        Relatedly, in issuing an incidental take permit, the Secretary of the Interior will no longer consider the effects of a proposed action on the species' habitat, nor will the permit contain terms and conditions requiring permittees to take into account habitat modification and degradation when executing the permitted take. Because the Services believe that the Act's prohibition on “take” does not properly include habitat modification (and thus have removed the regulatory definition of “harm,” which swept habitat modification into the statutory definition of “take”), it follows that permits for 
                        <E T="03">incidental</E>
                         take are no longer required to engage in such activities. The attempt of at least one Commenter to argue that, because “conservation plans” are mandated by section 10, therefore 
                        <E T="03">habitat</E>
                         conservation plans are mandated by statute (and, 
                        <E T="03">mutatis mutandis,</E>
                         ITPs and related instruments must account for habitat modification), gets the matter precisely backward (16 U.S.C. 1539(a)(1)(B) &amp; (a)(2)(A)). The word “habitat” appears nowhere in section 10. Rather, section 10's incidental-take regime is symmetrical to what would otherwise be take prohibited as “take” under section 9. If habitat modification were banned as take, then an ITP, along with a conservation plan and all the other requirements of section 10, would be necessary to modify such habitat. But because the Act does 
                        <E T="03">not</E>
                         ban habitat modification as take in the first place, therefore no ITP, conservation plan, or other instrument, is required to engage in such activities.
                    </P>
                    <P>
                        The same Commenter also charged that the Services' regulations addressing HCPs are now “inconsistent” with the rescission. The Services are studying the extent to which its regulations governing such permits, 
                        <E T="03">e.g.,</E>
                         50 CFR 17.22, 17.32, may need to be updated to reflect this final rule and the best 
                        <PRTPAGE P="43305"/>
                        reading of the Act, though the Services note also that other parts of the Act affect habitat modification, as noted in this final rule. In all events, this has not altered the Services' conclusion as to the best meaning of the text of the Act, which is what has driven this final rule.
                    </P>
                    <P>The rescission of the regulatory definition of “harm” does not eliminate the Services' ability to issue ITPs or EOS permits where there is an affirmative conduct intentionally directed against a particular animal or animals. Additionally, the Services will continue to work with applicants to ensure that HCPs and CBAs are developed and permitted to address species-specific impacts and that conservation and mitigation measures are commensurate with the ESA's definition of “take.”</P>
                    <P>This rulemaking also does not prohibit willing landowners from implementing conservation plans and agreements that are more comprehensive than what sections 9 and 10 of the ESA require. Nor does this rulemaking prohibit entities (including state governments) from engaging in habitat-conservation efforts that could be supported by other provisions of the ESA.</P>
                    <P>
                        <E T="03">Comment 5:</E>
                         Multiple commenters opined that rescinding the regulatory definition of “harm” would introduce significant regulatory uncertainty and inconsistency in ESA implementation. They emphasized that the long-standing definition has provided clarity and stability for decades, supporting conservation programs, permitting frameworks, and legal agreements across agencies and stakeholders. Removing it without a clear alternative would lead to confusion, delays, litigation, and weakened conservation outcomes. Some of these commenters further asserted that the reasoning of Justice Scalia's dissent compelled the retention of the first sentence of the regulations, which—in these commenters' view—would be consistent with the Trump Administration's policy priorities. In contrast, some commenters supported the proposed rule, asserting that the current definition imposes excessive regulatory burdens, particularly through its inclusion of habitat modification. These supporters argued that rescission would reduce red tape, alleviate economic impacts on land use sectors, and allow for more targeted, science-based conservation efforts.
                    </P>
                    <P>
                        <E T="03">Response:</E>
                         By rescinding the regulatory definition of “harm,” the Services are aligning the definition of “take” with the single, best reading of the statute, consistent with 
                        <E T="03">Loper Bright.</E>
                         Although the current definition of “harm” has been in place for decades, its inclusion of habitat modification or degradation where it actually kills or injures wildlife “by significantly impairing essential behavioral patterns” as a form of “take” has led to interpretive challenges and regulatory uncertainty, particularly in determining when habitat modification rises to the level of “take.” Although rescinding the definition of “harm” may reduce inconsistency and regulatory uncertainty by focusing on acts which actually kill or injure listed species, the Services are rescinding the definition of “harm” because it does not accord with the best meaning of the statute. The Services have also concluded that no replacement definition is needed. The ESA itself defines “take” (16 U.S.C. 1532(19)), and that definition is clear and robust.
                    </P>
                    <P>
                        By rescinding the definition of “harm,” the Services are relying on the plain text of the statute as the standard going forward. But previously issued permits or incidental take statements will not be required to be reevaluated solely because of this final rule, nor does this final rule invalidate prior conservation agreements or other conservation or recovery efforts already in effect. Such incidental-take statements, and indeed the entire section 7 analysis, were but one input among many into the ultimate decision whether and how to authorize a given action (
                        <E T="03">Cf. Seven Cnty. Infrastructure Coal.</E>
                         v. 
                        <E T="03">Eagle Cnty., Colorado,</E>
                         605 U.S. 168, 180 (2025) (noting that an environmental impact statement issued under the National Environmental Policy Act is “only one input into an agency's decision,” and that the ultimate locus of analysis, for purposes of administrative law, is “the agency's final decision”)). Disturbing the finality of the overall permitting decision would be highly disruptive to settled expectations, as well as immensely time-consuming and difficult, in return for at most speculative gains. Moreover, the regulations governing HCPs include assurances to permittees in case of changed or unforeseen circumstances (see 50 CFR 17.22(b)(5), 17.32(b)(5)). The Services have considered that these regulations reassure permittees that the Services would not impose additional requirements,
                        <SU>8</SU>
                        <FTREF/>
                         whereas rescinding the definition of harm might in some situations lessen existing burdens (
                        <E T="03">e.g.,</E>
                         if the permittee is mitigating only for habitat impacts that were considered prohibited as take when their permit was issued, the permittee may choose to return their permit in order to not have to continue expending resources to mitigate). Nonetheless, such situations are speculative, while the central offer of these regulations to permittees is repose and certainty. These values counsel very strongly—and decisively—against not disturbing previously issued permits.
                    </P>
                    <FTNT>
                        <P>
                            <SU>8</SU>
                             
                            <E T="03">E.g.,</E>
                             50 CFR 17.22(b)(5)(iii)(A) (“In negotiating a response to unforeseen circumstances, the Director will not require the commitment of additional land, water, or financial compensation or additional restrictions on the use of land, water, or other natural resources beyond the level otherwise agreed upon for the species covered by the conservation plan without the consent of the permittee.”).
                        </P>
                    </FTNT>
                    <P>
                        <E T="03">Comment 6:</E>
                         Multiple commenters requested that if the Services finalize the proposed rule, they must issue clear guidance on how “harm” and “take” will be interpreted and applied. Commenters emphasized that without a regulatory definition, the regulated community faces uncertainty about what actions may constitute “take” under section 9 and when particular requirements will need to be met, especially in section 7 consultations and permitting under section 10(a). Commenters requested examples and clarification to ensure consistent implementation and avoid delays or inconsistent decisions. They also urged the Services to confirm how the rule applies to pending consultations and to update existing guidance documents or include clarifications in the final rule's preamble.
                    </P>
                    <P>
                        <E T="03">Response:</E>
                         The definition of “take” in section 3 of the Act remains unchanged and will stand on its own as the best reading of the Act. In addition, under the 
                        <E T="03">noscitur a sociis</E>
                         canon, the term “harm,” like the other nine verbs in the definition of “take,” should be construed to require an “affirmative act[] . . . directed immediately and intentionally against a particular animal—not [an] act[] or omission[] that indirectly and accidentally cause[s] injury to a population of animals” (515 U.S. at 719-720).
                    </P>
                    <P>
                        The Services intend to review each specific situation and species' response to a proposed action to determine whether it may or may not constitute “harm” to a species. As stated above, this rule is setting prospective standards only; previously issued permits or incidental take statements will not be required to be reevaluated solely because of this final rule. Such incidental-take statements, and indeed the entire section 7 analysis, were but one input among many into the ultimate decision whether and how to authorize a given action (
                        <E T="03">Cf. Seven Cnty. Infrastructure Coal.</E>
                         v. 
                        <E T="03">Eagle Cnty., Colorado,</E>
                         605 U.S. 168, 180 (2025)). Disturbing the finality of the overall permitting decision would be highly 
                        <PRTPAGE P="43306"/>
                        disruptive to settled expectations, as well as immensely time-consuming and difficult, in return for at most speculative gains. For more on this rule's impact on future section 10(a) permits, see the Services' responses to Comments 5 and 20. For a description of the ways in which this rule does not impact future section 7 consultations, see the Services response to Comment 4.
                    </P>
                    <P>The Services also acknowledge that reliance interests have built up around this regulatory definition. Rescinding the regulatory definition—without a replacement at this time—promotes the lawful operation of executive branch regulatory programs, and the Services believe that this core value outweighs the reliance interests that have built up around the continued maintenance of an unlawful regulatory definition, even if such were possible. For further responses to reliance interests, see Comments 13, 16, 18, 20, and 21.</P>
                    <P>
                        <E T="03">Comment 7:</E>
                         Multiple commenters stated that removing habitat modification from the definition of “take” would severely weaken the Act's ability to protect imperiled species. They emphasized that significant habitat modification or degradation often results in injury or death to wildlife by impairing essential behaviors such as feeding, breeding, and sheltering. Without recognizing these indirect but biologically consequential impacts as “take,” the Services would be unable to regulate many of the most common and damaging threats to species survival. Commenters stated that habitat loss is the leading driver of species decline and extinction and excluding it from the definition of “take” would eliminate a critical legal mechanism for preventing such outcomes. They wrote that by narrowing the scope of what qualifies as “take,” the Services would be forced to ignore the ecological realities that species cannot survive without intact, functional habitats. Commenters stated that this shift would not only violate the purpose of the ESA but also increase the likelihood of extinction for many species by allowing habitat destruction to proceed without consequence.
                    </P>
                    <P>
                        <E T="03">Response:</E>
                         The Services emphasize that the rescission of the regulatory definition of “harm” does not diminish the importance of habitat loss or degradation as a significant threat to many species listed under the ESA. Habitat protection and conservation play a critical role in species conservation and recovery efforts. Rather, this rule clarifies that “take” applies only to an “affirmative act[] . . . directed immediately and intentionally against a particular animal—not [an] act[] or omission[] that indirectly and accidentally cause[s] injury to a population of animals” (515 U.S. at 719-20 (Scalia, J., dissenting)). Habitat-related impacts are considered and addressed under other provisions of the ESA, including section 7 consultations section 5 land acquisition, and cooperation with willing landowners through voluntary conservation programs. The Services will continue to use these tools to address threats to species and to help chart the path to recovery and delisting. The rescission of the definition of “harm” intends to align the implementation of the Act with the single, best reading of the statute by making clear that habitat modification or degradation does not qualify as “take.”
                    </P>
                    <P>
                        <E T="03">Comment 8:</E>
                         Multiple commenters opined that the proposed rule's basis for rescinding the definition of “harm” directly undermines the purpose and function of critical habitat designations under the ESA. They emphasized that critical habitat is essential for species survival and recovery, and rescinding the definition of “harm” would lead to increased degradation of these areas, pushing species closer to extinction. Commenters also contended that the rule would violate the agencies' statutory duties to designate and protect critical habitat. They disagreed with the reliance on a narrow legal interpretation that disregards the legislative history and structure of the ESA, particularly the 1982 amendments that clarified the importance of habitat in incidental take authorizations. These amendments, they stated, affirm that impacts to habitat can constitute “take” and that section 7 requires Federal agencies to avoid actions that would destroy or adversely modify critical habitat. Commenters maintained that without a regulatory definition of “harm” that includes habitat modification or degradation, the Services would not be able to minimize effects to critical habitat.
                    </P>
                    <P>
                        <E T="03">Response:</E>
                         The Services recognize the importance of critical habitat designations in promoting the conservation and recovery of listed species. The definition of critical habitat in section 3(5)(A) and the process and requirements of designating critical habitat in section 4(b)(2) of the Act will remain separate and distinct from the definition of “take” in section 3.
                        <SU>9</SU>
                        <FTREF/>
                         The rescission of the regulatory definition of “harm” does not alter the statutory obligations for the Services to use the best scientific data available to designate critical habitat under section 4(b)(2) of the Act.
                    </P>
                    <FTNT>
                        <P>
                            <SU>9</SU>
                             Indeed, the presence of these separate and distinct provisions in the statutory text regarding habitat modification reinforces the Services' conclusion that habitat modification is not properly part of the definition of “harm” and, thus, of “take,” as such a construction would violate the canon against surplusage.
                        </P>
                    </FTNT>
                    <P>The Services maintain that habitat protection remains a central component of the ESA's conservation framework. This rescission has no impact on the requirements of Federal agencies under section 7(a)(2) to avoid the destruction or adverse modification of designated critical habitat. We will continue to analyze effects to the physical or biological features of designated critical habitat.</P>
                    <P>The Services conclude that “take” applies only to an “affirmative act[] . . . directed immediately and intentionally against a particular animal—not [an] act[] or omission[] that indirectly and accidentally cause[s] injury to a population of animals” (515 U.S. at 719-20 (Scalia, J., dissenting)). We do not find persuasive the argument that the 1982 amendments to the ESA, which allowed the Secretary of the Interior to issue incidental take permits, suggests that Congress understood section 9 to prohibit indirect as well as deliberate takings. Habitat modification is not the only activity that might incidentally cause a prohibited taking. For example, fishing for unprotected salmon may inadvertently but unavoidably cause takes of an endangered species of salmon (515 U.S. at 729).</P>
                    <P>
                        <E T="03">Comment 9:</E>
                         Commenters contended that the Services misinterpreted 
                        <E T="03">Loper Bright</E>
                         as exempting interpretive rulemakings from the National Environmental Protection Act (NEPA; 42 U.S.C. 4321 
                        <E T="03">et seq.</E>
                        ). They stated that the decision addressed judicial review, not agency obligations, and that the Services remain bound by prior precedent, including 
                        <E T="03">Sweet Home,</E>
                         until overturned by the courts.
                    </P>
                    <P>
                        <E T="03">Response: Loper Bright</E>
                         did not alter or exempt agencies from their responsibilities under NEPA. The Services do not rely on 
                        <E T="03">Loper Bright</E>
                         to justify the use of a categorical exclusion in this rulemaking. Rather, the Services have independently evaluated the applicability of NEPA and determined that the rule qualifies for a categorical exclusion under 43 CFR 46.210(i) and the U.S. Department of the Interior Handbook of National Environmental Policy Act Implementing Procedures, appendix 2. As the Services noted in the proposed version of this rule, two recent proposed and final rulemakings addressing a regulatory definition of “habitat” under the Endangered Species Act found that these categorical exclusions applied. See Endangered and 
                        <PRTPAGE P="43307"/>
                        Threatened Wildlife and Plants; Regulations for Listing Endangered and Threatened Species and Designating Critical Habitat, 87 FR 37757, June 24, 2022; Endangered and Threatened Wildlife and Plants; Regulations for Listing Endangered and Threatened Species and Designating Critical Habitat, 86 FR 59353, October 27, 2021; Endangered and Threatened Wildlife and Plants; Regulations for Listing Endangered and Threatened Species and Designating Critical Habitat, 85 FR 81411, December 16, 2020; Endangered and Threatened Wildlife and Plants; Regulations for Listing Endangered and Threatened Species and Designating Critical Habitat, 85 FR 47333, August 5, 2020.
                    </P>
                    <P>
                        The Services have also concluded that, because this rescission is compelled by the best reading of the statutory text, “the proposed agency action is a nondiscretionary action with respect to which such agency does not have authority to take environmental factors into consideration in determining whether to take the proposed action.” (42 U.S.C. 4336(a)(4); see 
                        <E T="03">Dep't of Transp.</E>
                         v. 
                        <E T="03">Pub. Citizen,</E>
                         541 U.S. 752, 766-70 (2004)).
                    </P>
                    <P>
                        Our rescission of the regulation definition of “harm” on the ground that it does not reflect the best reading of the statutory text effectuates the Executive Branch's obligation to “take Care that the Laws be faithfully executed,” U.S. Const. art. II, section 3, and is consistent with 
                        <E T="03">Loper Bright</E>
                         and 
                        <E T="03">Sweet Home.</E>
                         At bottom, the Services are engaged in legal interpretation, and the Services have determined that the bottom-line policy here (the rescission of the regulations) is nondiscretionary in light of the regulations' unlawfulness, even if the interstitial particulars of effectuating that policy (
                        <E T="03">e.g.,</E>
                         whether to rescind the whole regulation and whether to implement a new definition, regardless of what it would say) require an exercise of discretion that has nothing to do with environmental factors.
                    </P>
                    <P>
                        <E T="03">Comment 10:</E>
                         Several commenters challenged the Services' use of a categorical exclusion, asserting that the proposed rule is not merely procedural and will have significant environmental effects. They opined that the Services failed to justify the categorical exclusion and did not evaluate whether extraordinary circumstances apply.
                    </P>
                    <P>
                        <E T="03">Response:</E>
                         The Services considered whether the proposed rule qualifies for a categorical exclusion and whether any extraordinary circumstances exist that would preclude its use. The Services determined that the proposed agency action is non-discretionary, and in the alternative, that the proposed regulation changes themselves will not have a significant individual or cumulative effect on the quality of the human environment for purposes of NEPA—notwithstanding potential indirect follow-on economic impacts or impacts on small entities (
                        <E T="03">Cf. Seven Cnty. Infrastructure Coal.</E>
                         v. 
                        <E T="03">Eagle Cnty.,</E>
                         605 U.S. 148, 183 (2025) (“A reviewing court may not `substitute its judgment for that of the agency as to the environmental consequences of its actions.'” (quoting 
                        <E T="03">Kleppe</E>
                         v. 
                        <E T="03">Sierra Club,</E>
                         427 U.S. 390, 410 n.21 (1976)))). The Services have applied a categorical exclusion to comply with the NEPA. As the Services noted in the proposed rulemaking and above, two recent proposed and final rulemakings addressing a regulatory definition of “habitat” under the Endangered Species Act found that the exact same categorical exclusions invoked in this rulemaking applied. See Endangered and Threatened Wildlife and Plants; Regulations for Listing Endangered and Threatened Species and Designating Critical Habitat, 87 FR 37757, June 24, 2022; Endangered and Threatened Wildlife and Plants; Regulations for Listing Endangered and Threatened Species and Designating Critical Habitat, 86 FR 59353, October 27, 2021; Endangered and Threatened Wildlife and Plants; Regulations for Listing Endangered and Threatened Species and Designating Critical Habitat, 85 FR 81411, December 16, 2020; Endangered and Threatened Wildlife and Plants; Regulations for Listing Endangered and Threatened Species and Designating Critical Habitat, 85 FR 47333, August 5, 2020. The Services have determined that extraordinary circumstances do not apply. For a detailed discussion of the Services' NEPA analysis see 
                        <E T="03">National Environmental Policy Act</E>
                         in the Required Determinations section, below, and the environmental action statement and supporting categorical exclusion documentation available at 
                        <E T="03">https://www.regulations.gov</E>
                         in Docket No. FWS-HQ-ES-2025-0034.
                    </P>
                    <P>
                        <E T="03">Comment 11:</E>
                         One commenter stated that the Services' failure to prepare an EIS violates NEPA, citing 
                        <E T="03">Sierra Club</E>
                         v. 
                        <E T="03">Marsh,</E>
                         816 F.2d 1376, 1387 (9th Cir. 1987), as precedent. They emphasized that the proposed rule would significantly affect the human environment by weakening habitat protections for endangered species, which-in their view-meets the threshold for requiring an EIS. Commenters noted that 
                        <E T="03">Sierra Club</E>
                         v. 
                        <E T="03">Marsh</E>
                         established that agencies must assess environmental impacts before making irreversible commitments, and that deferring such analysis undermines NEPA's core purpose. They asserted that the Services' reliance on categorical exclusions or claims of nondiscretionary action does not meet the legal standard set by this case.
                    </P>
                    <P>
                        <E T="03">Response:</E>
                         The Services respectfully disagree with the assertion that the proposed rule constitutes an irreversible commitment of resources or a major Federal action with significant environmental effects. This rule does not, by itself, authorize any specific activity or project. It does not alter the statutory requirements of the ESA, including the obligation of Federal agencies to consult under section 7 and to avoid jeopardizing listed species or adversely modifying critical habitat. The Services have determined that the rule qualifies for a categorical exclusion and that no extraordinary circumstances exist that would warrant preparation of an EIS.
                    </P>
                    <P>
                        <E T="03">Comment 12:</E>
                         Multiple commenters contended that the Services are exercising discretion in proposing to rescind the definition of “harm,” and therefore cannot claim the action is nondiscretionary to avoid NEPA review. They emphasized that interpreting statutory language involves judgment, and that NEPA applies to discretionary actions with potential environmental impacts.
                    </P>
                    <P>
                        <E T="03">Response:</E>
                         The Services acknowledge the comments asserting that the proposed rule is a discretionary action. As the Services stated in the proposed rule, we are undertaking this recission because we believe it is compelled by the best reading of the statutory text. Accordingly, we believe that “the proposed agency action is a nondiscretionary action with respect to which such agency does not have authority to take environmental factors into consideration in determining whether to take the proposed action” (42 U.S.C. 4336(a)(4); see 
                        <E T="03">Dep't of Transp.</E>
                         v. 
                        <E T="03">Pub. Citizen,</E>
                         541 U.S. 752, 766-70 (2004)).
                    </P>
                    <P>
                        Moreover, commenters have cited no case, and the Services are aware of none, standing for the proposition that NEPA review applies to questions of pure legal interpretation. This would be a novel interpretation that would dramatically expand the scope of NEPA—
                        <E T="03">e.g.,</E>
                         does it cover briefing in pending cases—and the Services will not, without more, adopt this new proposition.
                    </P>
                    <P>
                        In the alternative, the Services applied a categorical exclusion to comply with NEPA. The Services have determined that the rule qualifies for a categorical exclusion because it is “of an administrative, financial, legal, 
                        <PRTPAGE P="43308"/>
                        technical or procedural nature” (43 CFR 46.210(i)). The Services have also evaluated whether any extraordinary circumstances apply and have concluded that none are present. Accordingly, the use of a categorical exclusion is appropriate and consistent with NEPA and applicable agency regulations and procedures. As the Supreme Court recently held in 
                        <E T="03">Seven County Infrastructure Coal.</E>
                         v. 
                        <E T="03">Eagle County, Colorado,</E>
                         “NEPA is a purely procedural statute,” “not a substantive roadblock,” and is an area where “substantial deference” is due to “agency choices so long as they fall within a broad zone of reasonableness” (605 U.S. 168, 173, 183 (2025); see 
                        <E T="03">id.</E>
                         at 182-83 (“When assessing significant environmental effects and feasible alternatives for purposes of NEPA, an agency will invariably make a series of fact-dependent, context-specific, and policy-laden choices about the depth and breadth of its inquiry . . . . Courts should afford substantial deference and should not micromanage those agency choices so long as they fall within a broad zone of reasonableness.”)). To the extent NEPA applies at all to this question, the Services believe it is readily satisfied by the existing categorical exclusion, which has, moreover, been repeatedly applied, under the administrations of Presidents of both major political parties, to rulemakings in this exact area, see responses to Comments 9 and 10.
                    </P>
                    <P>
                        <E T="03">Comment 13:</E>
                         Multiple commenters stated that the Services' rescission of the regulatory definition of “harm” is arbitrary and capricious under the APA. Commenters asserted that the Services did not provide a detailed justification for this reversal, nor did they address the serious reliance interests built around the existing definition. Commenters opined that rescinding the current definition of “harm” switches course on decades of regulatory and judicial interpretation, including the Supreme Court's majority opinion in 
                        <E T="03">Sweet Home.</E>
                         Commenters asserted that the proposal appears to be driven by political motivations rather than sound reasoning or legal necessity, and that it lacks the transparency and consistency required by the APA.
                    </P>
                    <P>
                        <E T="03">Response:</E>
                         The Services disagree with the characterization of this rule as arbitrary and capricious under the APA. The rule is based on a reevaluation of the statutory text of the ESA. The Services' rescission of the regulatory definition of “harm” on the ground that it does not reflect the best reading of the statutory text effectuates the Executive Branch's obligation to “take Care that the Laws be faithfully executed” (U.S. Const. art. II, section 3).
                    </P>
                    <P>
                        In proposing to rescind our regulatory definition of “harm,” the Services noted that they were “considering whether there are legitimate reliance interests on the regulations under reexamination,” but that “because it is the President's duty to see that the laws are faithfully executed, in all but the most unusual cases, we believe that reliance interests likely will be outweighed by the constitutional interest in repealing regulations that do not reflect the best reading of the statute.” 90 FR 16102, at 16104, (
                        <E T="03">citing Dep't of Homeland Sec.</E>
                         v. 
                        <E T="03">Regents of the Univ. of California,</E>
                         591 U.S. 1, 30-32 (2020; 
                        <E T="03">Regents</E>
                        )). We asked for comment on reliance interests specifically (
                        <E T="03">Id.</E>
                        ). After reviewing comments we received on reliance interests, the Services affirm that reliance interests are outweighed by the constitutional interest in repealing regulations that do not reflect the best reading of the statute.
                    </P>
                    <P>Commenters raised four principal arguments regarding reliance interests. The first is the reliance interests of those who provide services related to mitigation. Commenters noted that if habitat modiﬁcation is no longer regulated under section 9 of the ESA, then conservation-financing, species-mitigation, and habitat-restoration markets, participation in which was once necessary to obtain an incidental take permit under section 10 of the ESA, will be eliminated. The appetite for these services among permittees will disappear, leaving existing and pending offsets as essentially stranded investments without a market. Commenters estimated approximately $483 million has been spent to date on species habitat and that the proposed rescission alone has chilled an additional $300 million in planned investments. Additionally, commenters stated the broader economic impact of habitat-restoration activities is estimated to approach $10 billion overall and supports more than 53,000 jobs.</P>
                    <P>
                        The Services recognize that a restoration and mitigation industry has developed under the prior regulatory framework. Commenters are correct that changes in the regulatory system may influence market demand for certain mitigation efforts focused on habitat conservation that were once necessary to obtain an incidental take permit under section 10 of the ESA. As noted in the preamble, the magnitude of such impacts is uncertain and not amenable to reliable quantification. What is more, however, is that the services sold in these markets are essentially regulatory rents. Where there is no justification in law for imposing the relevant regulation, imposing such costs is inherently illegitimate—and pleas to keep them, though cast in the form of reliance interests, are essentially rent-seeking. The Services therefore, in accord with 
                        <E T="03">Regents,</E>
                         has decided that “reliance interests in benefits [
                        <E T="03">i.e.,</E>
                         regulatory rents] that it views as unlawful are entitled to no or diminished weight” (591 U.S. at 32). This reliance interest is addressed further at Comment 21.
                    </P>
                    <P>The second, and closely related, class of reliance interests articulated by comments is that of those who sell services related to voluntary conservation programs, multi-year HCPs (including the investment in planning for an HCP, the investment in implementing the HCP, and land management practices, including voluntary conservation measures. Commenters noted that, if habitat modification is no longer regulated as “take” under section 9, then such services will no longer be needed to obtain an incidental take permit under section 10, and, as a result, their market will dry up.</P>
                    <P>
                        The Services recognize that these industries had developed under the prior regulatory framework. Commenters are correct that changes in the regulatory system may influence market demand for certain mitigation efforts focused on habitat conservation that were once necessary to obtain an incidental take permit under section 10 of the ESA. This revision is prospective only and does not affect permits that have been granted as of the date this rule becomes final. That is, no conservation agreement or habitat management plan that is in effect as of the date of this rule becomes final will be affected by it. Going forward, the Services intend to review each specific situation and species' response to a proposed action to determine whether it may or may not constitute “harm” to a species pursuant to section 3 of the ESA. The Services will continue to work with applicants to ensure that HCPs and CBAs are developed and permitted to address species-specific impacts and that conservation and mitigation measures are commensurate with the ESA's definition of “take.” This rulemaking does not prohibit willing landowners from implementing conservation plans and agreements that are more comprehensive than what sections 9 and 10 of the ESA require. However, yet again, beyond situations in which private persons 
                        <E T="03">voluntarily</E>
                         wish to purchase such mitigation services or need to purchase them to satisfy other provisions of law, the 
                        <PRTPAGE P="43309"/>
                        market for such services under sections 9 and 10 is a creation of regulations that, in the view of the Services, are not authorized by law—and that, as such, the services sold in these markets are essentially regulatory rents. Where there is no justification in law for imposing the relevant regulation, imposing such costs is inherently illegitimate—and pleas to keep them, though cast in the form of reliance interests, are essentially rent-seeking. The Services therefore, in accord with 
                        <E T="03">Regents,</E>
                         has decided that “reliance interests in benefits [
                        <E T="03">i.e.,</E>
                         regulatory rents] that it views as unlawful are entitled to no or diminished weight” (591 U.S. at 32). This reliance interest is addressed further at Comment 18.
                    </P>
                    <P>The third main class of reliance interests articulated by commenters is that of persons interested in the protection of wildlife and habitats. Commenters noted that habitat protections were important to ecological stability, ecosystem services, pollination, and clean water; that aesthetic and recreational interests would be injured; that the wildlife-watching industry would be damaged; and that the sport-fishing industry would suffer.</P>
                    <P>
                        The Services emphasize that the rescission of the regulatory definition of “harm” does not diminish the importance of habitat loss or degradation as a significant threat to many species listed under the ESA. Habitat protection and conservation play a critical role in species conservation and recovery efforts. Rather, this rule clarifies that “take” applies only to actions that cause actual injury or death to listed species. Habitat-related impacts are considered and addressed under other provisions of the ESA, including section 7 consultations, critical habitat designations, section 5 land acquisition authorities, and cooperation with willing landowners through voluntary programs. The Services will continue to use these tools to address threats to species and to help chart the path to recovery and delisting. The rescission of the definition of “harm” intends to align the implementation of the Act with the single, best reading of the statute by removing habitat modification or degradation as a form of prohibited “take.” This rulemaking does not prohibit willing landowners from implementing conservation plans and agreements that are more comprehensive than what sections 9 and 10 of the ESA require. Beyond these responses, the Services note that much of what such Commenters are casting as reliance interests are really policy disagreements: Commenters wish that Congress had, or the Administration would continue to, set the balance between habitat preservation and the rights of landowners differently than, in the Service's view, the Act in fact does. The Services are determined, by contrast, to adhere to what is in their view the best reading of the law.
                        <SU>10</SU>
                        <FTREF/>
                         These comments are addressed further at Comments 18 and 20.
                    </P>
                    <FTNT>
                        <P>
                            <SU>10</SU>
                             One commenter also argued that animal rescue programs would be increasingly burdened, because without habitat modification being included in the definition of “harm,” more animals would be hurt and need rescue. As for effects to Animal Rescue Programs, rescinding the regulatory definition of “harm” will not negate the fact that actions that directly result in injury or death to listed wildlife still constitutes “take” under the ESA. This rule would not result in the large-scale habitat changes that the commenter asserts would result in higher instances of animal injury. As stated above, habitat-related impacts will be addressed under other provisions of the ESA.
                        </P>
                    </FTNT>
                    <P>The fourth main class of reliance interests articulated by comments is that of State reliance interests: States wrote to claim that the existing definition of harm bolsters state laws, or that states rely on Federal definition of harm when state does not have a law on point, and that in any event, the existence of the current federal definition of harm has ensured consistency across state lines.</P>
                    <P>
                        The Services respond that the rescission of the definition of “harm” in the Act does not alter the ability of States to implement their own conservation programs or to regulate habitat impacts under State law. Federal law and regulations create a legal floor (or minimum standard). Congress preserved the authority of any state to enact and enforce laws or regulations that provide species protections more stringent than federal protections while maintaining the ESA's preemption over any state law that would permit what is prohibited under the ESA or prohibit what is authorized under the ESA (16 U.S.C. 1535(f)). Nor does this final rule affect the Services' commitment to cooperative federalism and coordination with State agencies, which takes place pursuant to section 6 cooperative agreements, section 10(a) permits, and section 7 consultations, not through the implementation of section 9 take prohibitions. For example, section 6 of the ESA permits the Secretary of the Interior to “enter into agreements with any State for the administration and management of any area established for the conservation of endangered species or threatened species” (16 U.S.C. 1535(b)). The Secretary of the Interior may also enter into agreements with States, that “establish[ ] and maintain[ ] an adequate and active program for the conservation of endangered species and threatened species” and plants (
                        <E T="03">Id.</E>
                         at 1535(c)).
                        <SU>11</SU>
                        <FTREF/>
                         This rule does not change any species or critical habitat designations. The Services will continue to work with States to support species recovery and habitat protection through section 6 cooperative agreements, section 7 consultations, and other collaborative mechanisms. Beyond these responses, though, the Services note that much of what these state commenters are casting as reliance interests are really policy disagreements: These states wish that Congress had, or the Administration would continue to, set the federal floor differently than, in the Service's view, the Act in fact does. The Services are determined, by contrast, to adhere to what is in their view the best reading of the law. Indeed, in this particular context, federalism concerns counsel heavily in favor of rejecting these states' purported reliance interests, for if the federal government were to maintain the elevated federal floor these states request (and which is not authorized by the best reading of the statute), other states would not have any freedom to try other approaches. These comments are addressed further at Comment 16.
                    </P>
                    <FTNT>
                        <P>
                            <SU>11</SU>
                             The Services note, again, that the explicit provisions for habitat protection in so many other parts of the ESA reinforces their conviction that the portion of section 9 forbidding “take” was not meant to address habitat modification.
                        </P>
                    </FTNT>
                    <P>
                        To return to the commenters' overall point, the Services hold that reliance on an unlawful regulatory definition is unjustified because the regulatory certainty provided by an unlawful definition is illegitimate. Thus, the Services do not believe that these reliance interests overcome the executive branch's important interest in maintaining and enforcing only lawful regulations. The Services believe that a full rescission, without the implementation of a replacement definition at this time, best achieves this interest. The Services understand that at least one court has stated that “an agency must always consider serious reliance interests, even when it concludes an earlier policy was unlawful,” but that the agency may determine that such reliance interests “are entitled to no or diminished weight” because of the unlawfulness of the earlier policy (
                        <E T="03">A.C.R.</E>
                         v. 
                        <E T="03">Noem,</E>
                         809 F. Supp. 3d 103, 122 (E.D.N.Y. 2025)). The Services have considered the reliance interests and determined that they are entitled to no or diminished weight.
                    </P>
                    <P>
                        The Services further acknowledge the well-established principle that when an agency changes position, “provid[ing] 
                        <PRTPAGE P="43310"/>
                        reasoned explanation” has required that the agency “display awareness that it 
                        <E T="03">is</E>
                         changing position” and “show that there are good reasons for the new policy” (
                        <E T="03">FCC</E>
                         v. 
                        <E T="03">Fox Television Stations, Inc.,</E>
                         556 U.S. 502, 515 (2009)). We have satisfied that requirement in making this final decision. In the Services' proposed rule, the Services included a discussion of the statutory framework, 
                        <E T="03">Sweet Home,</E>
                         and our rationale for concluding that the definition of “harm” does not support the best meaning of the Act, the specific proposed regulation change, and asked for public comment. We have now reviewed the public comments and in this final rule have provided responses to unique, substantive comments. Thus, the process that we used to promulgate this rule complied with the applicable requirements of the APA.
                    </P>
                    <P>
                        <E T="03">Comment 14:</E>
                         Multiple commenters asserted that the Services' proposal lacks the reasoned analysis required by the APA, as articulated in 
                        <E T="03">Motor Vehicle Manufacturers Ass'n</E>
                         v. 
                        <E T="03">State Farm Mutual Automobile Ins. Co.,</E>
                         463 U.S. 29 (1983; 
                        <E T="03">State Farm</E>
                        ). They assert that the Services failed to examine relevant information or provide a satisfactory explanation for abandoning the longstanding definition of “harm.” Commenters stated that the Services did not assess the impacts of the change on species conservation, habitat protection, or regulatory programs such as ITPs and HCPs. Instead, they assert that proposal relies on a narrow legal rationale and a misreading of recent case law, without addressing the statutory purpose of the ESA or the practical consequences of the change. Commenters concluded that this failure to consider important aspects of the problem and to offer a rational connection between the facts found and the choice made renders the proposal legally deficient under 
                        <E T="03">State Farm.</E>
                    </P>
                    <P>
                        <E T="03">Response:</E>
                         The Services respectfully disagree that the proposed rule lacks the reasoned analysis required under the APA. To begin, commenters appear to misapprehend the nature of the arbitrary-and-capricious standard. That standard simply “requires that agency action be reasonable and reasonably explained” (
                        <E T="03">FCC</E>
                         v. 
                        <E T="03">Prometheus Radio Project,</E>
                         592 U.S. 414, 423 (2021)). “Judicial review under that standard is deferential”: “A court simply ensures that the agency has acted within a zone of reasonableness and, in particular, has reasonably considered the relevant issues and reasonably explained the decision” (
                        <E T="03">Id.</E>
                        ). In accordance with 
                        <E T="03">State Farm,</E>
                         the Services have provided a reasoned explanation for the proposed rescission of the regulatory definition of “harm.” The Services explained that they were rescinding the regulatory definition of “harm” because it does not reflect the best reading of the ESA. This includes a detailed analysis of the statutory text, structure, and purpose of the ESA, as well as the legal implications of the Supreme Court's decision in 
                        <E T="03">Loper Bright.</E>
                         That is a complete explanation that satisfies 
                        <E T="03">State Farm.</E>
                         The Services have also now considered public comments received. This rule reflects the agency's view of the best interpretation of the ESA, which does not permit agencies to factor in habitat modification or degradation in the context of section 9 prohibited take. The Services have addressed reliance interests, including reliance interests of those involved in regulatory programs such as ITPs and HCPs, throughout responses to comments, including the Services' responses to Comments 5, 13, 20, and 23. The Services have satisfied their obligations under the arbitrary-and-capricious standard and 
                        <E T="03">State Farm.</E>
                    </P>
                    <P>
                        <E T="03">Comment 15:</E>
                         Multiple commenters contended that the Services must conduct intraservice consultation under section 7 of the ESA before finalizing the proposed rescission of the definition of “harm.” They asserted that the action is not exempt from consultation requirements and may adversely affect numerous listed species, particularly those species where the primary threat is habitat loss. Commenters cited the Endangered Species Consultation Handbook and joint regulations, which require consultation for agency actions, including rulemakings, that may affect listed species or critical habitat. They asserted that the Services must prepare a biological opinion evaluating species-specific impacts and ensure the action does not jeopardize species' continued existence.
                    </P>
                    <P>
                        <E T="03">Response:</E>
                         As stated in the Required Determinations section, below, the Services are acting in their unique statutory role as administrators of the Act and are engaged in a legal exercise of interpreting the standards of the Act. The Services' administration of the Act is not in itself subject to the Act's provisions, including section 7(a)(2). The Services have a historical practice of issuing their general regulations under the ESA without undertaking section 7 consultation (see 
                        <E T="03">Endangered Species Act</E>
                         in the Required Determinations section below). This practice accords with the plain language, structure, and purposes of the ESA, which does not place a consultation obligation on the Services' administration of the Act. Furthermore, from a pragmatic point of view, the proposed consultation requirement would be impracticably elaborate, even nonsensical. Were commenters correct, the Services would be required to conduct an analysis as to every single endangered species on the list and speculate as to how the new legal definition would produce different consequences as to each—as section 7 still mandated habitat protection through an entirely different regime that this rule does not touch, see the Services' response to Comment 3. Little wonder, then, that such a recursive and reticulated procedure was not undertaken when this rule was promulgated in 1975 and has 
                        <E T="03">never</E>
                         been the Services' practice when it comes to changes to the ESA implementing regulations themselves.
                    </P>
                    <P>
                        <E T="03">Comment 16:</E>
                         Multiple commenters asserted that the proposed rule would create significant inconsistencies with existing State regulations and undermine State-led conservation efforts. Many states, such as New Mexico and Oregon, have developed their own definitions of “take” or “harm” that include habitat modification as a key component. Commenters opined that the recission would weaken State protections, disrupt established conservation frameworks, and jeopardize long-standing agreements. Commenters emphasized that this change would introduce regulatory uncertainty, delay conservation planning, and reduce the effectiveness of State investments in species conservation and habitat protection.
                    </P>
                    <P>
                        <E T="03">Response:</E>
                         The rescission of the definition of “harm” in the Act does not alter the ability of States to implement their own conservation programs or to regulate habitat impacts under State law. Federal law and regulations create a legal floor (or minimum standards); States may legislate and regulate over and above what Federal law or regulations permit.
                    </P>
                    <P>
                        Under the ESA's section 6 “conflict between Federal and State laws” clause, Congress preserved the authority of any state to enact and enforce laws or regulations that provide species protections more stringent than federal protections while maintaining the ESA's preemption over any state law that would permit what is prohibited under the ESA or prohibit what is authorized under the ESA (16 U.S.C. 1535(f)). Where a state lists a species or designates habitat protections under a state endangered species law, such as California's Endangered Species Act, the state protections will apply to those state listed species as long as the state laws do not conflict with the ESA. 
                        <PRTPAGE P="43311"/>
                        Consequently, species listed under state laws will retain full protections under those laws and will remain unaffected by the removal of an unnecessary federal regulatory layer of protections. For state and local governments, businesses, organizations, and individuals, the ESA's cooperative federalism structure provides durable legal security for long-term reliance interests that will not be upset by the removal of an unnecessary federal ESA regulation. For example, habitat mitigation instruments developed to satisfy both federal ESA requirements and state law mitigation standards create layered contractual and real estate obligations that persist regardless of federal ESA regulation. Conservation obligations that run with the land or are attached to mitigation instruments will remain enforceable against subsequent landowners, thereby preventing disruption to markets and organizations that have an interest in ESA protections.
                    </P>
                    <P>
                        Nor does this final rule affect the Services' commitment to cooperative federalism and coordination with State agencies, which takes place pursuant to section 6 cooperative agreements, section 10(a) permits, and section 7 consultations, not through the implementation of section 9 take prohibitions. For example, section 6 of the ESA permits the Secretary of the Interior to “enter into agreements with any State for the administration and management of any area established for the conservation of endangered species or threatened species” (16 U.S.C. 1535(b)). The Secretary of the Interior may also enter into agreements with States, that “establish[] and maintain[] an adequate and active program for the conservation of endangered species and threatened species” and plants (
                        <E T="03">Id.</E>
                         at 1535(c)).
                        <SU>12</SU>
                        <FTREF/>
                         This rule does not change any species or critical habitat designations. The Services will continue to work with States to support species recovery and habitat protection through section 6 cooperative agreements, section 7 consultations, and other collaborative mechanisms. Moreover, other provisions of the ESA such as sections 5 and 7 are specifically designed to address habitat conservation will remain unchanged.
                    </P>
                    <FTNT>
                        <P>
                            <SU>12</SU>
                             The Services note, again, that the explicit provisions for habitat protection in so many other parts of the ESA reinforces its conviction that the portion of Section 7 forbidding “take” was not meant to address habitat modification.
                        </P>
                    </FTNT>
                    <P>The Services acknowledge that the States have asserted that this rulemaking will result in an increased financial and administrative burden. However, States continuing to implement laws and policies that go beyond that which is required by the ESA is not germane to this rulemaking. States may make a policy decision to discontinue implementing more stringent species protections in order to relieve themselves of this additional burden. Alternatively, states may choose to bear the increased costs that go along with their preferred policy preferences. The Services, however, reject the invitation to ignore the best meaning of the federal statute passed by Congress (and to impose increased costs and burdens on other states and individual citizens), in order to accommodate the policy preferences of this minority of states.</P>
                    <P>
                        <E T="03">Comment 17:</E>
                         Commenters emphasize that the rule fails to account for impacts to ecosystem services (tangible benefits of natural habitats to human communities), existence values (intangible value placed on knowing a species or habitat exists), option values (retaining ability to use a resource in the future), and the cost of recovery (monetary cost of recovering species or habitats). They also state that habitat degradation would lead to lost ecosystem services such as pollination, water filtration, carbon sequestration, and flood prevention. They state that healthy habitats increase recreational opportunities, thereby supporting local economies. The commenters argue that these effects should be included in the analysis.
                    </P>
                    <P>
                        <E T="03">Response:</E>
                         The Services emphasize that the rescission of the regulatory definition of “harm” does not diminish the importance of habitat conservation under the ESA. Habitat-related impacts will be addressed under other provisions of the ESA—as was intended—including through section 7 consultations and critical habitat designations. The Services will continue to use these tools to conserve habitat for listed species and as such will continue to address the importance of ecosystem services, and other issues raised by the commenters. The Services have fulfilled their requirements under 
                        <E T="03">State Farm, Department of Homeland Security</E>
                         v. 
                        <E T="03">Regents,</E>
                         and all other applicable law (see the Services' Responses to Comments 13, 15 and 16).
                    </P>
                    <P>
                        <E T="03">Comment 18:</E>
                         Some commenters stated that significant public investments—Federal, State, local, and Tribal—have been made in conservation agreements and habitat management plans that are based the long-standing interpretation of “harm” under the ESA, which includes habitat modification or degradation. A change in this interpretation threatens to invalidate or delay these efforts, putting at risk financial resources, staff positions, and political commitments. The resulting regulatory uncertainty could lead to the discontinuation of landowner support programs and a reduction in service levels, undermining the current and anticipated infrastructure built to support species recovery.
                    </P>
                    <P>Commenters stated these investments were designed to meet the needs of permittees operating under the current ESA framework. If habitat modification is no longer regulated, the market for conservation offsets collapses, leaving existing and pending investments stranded. This shift would not only jeopardize ongoing recovery efforts critical to delisting species and supporting industries like commercial fisheries, but it would also erode the economic and environmental resilience built through decades of coordinated public and private restoration work. The proposed policy change represents a sudden and destabilizing departure from decades of consistent ESA implementation. Commenters state this change could potentially lead to increased habitat destruction, jeopardizing both Tribal and commercial use of natural resources. The resulting confusion and regulatory gaps would place additional economic burdens on communities that depend on sustainable natural resources.</P>
                    <P>
                        <E T="03">Response:</E>
                         This comment is incorrect in asserting that habitat modification is no longer regulated. This rulemaking does not change any species classifications or critical habitat designations. The Services will continue to work with States to support species recovery and habitat protection through section 6 cooperative agreements, section 7 consultations, and other collaborative mechanisms.
                    </P>
                    <P>As stated in the response to comment 5, the rescission of the regulatory definition of “harm” does not eliminate the Services' ability to issue ITPs or EOS permits where there is an affirmative conduct intentionally directed against a particular animal or animals. Additionally, the Services will continue to work with applicants to ensure that HCPs and CBAs are developed and permitted to address species-specific impacts and that the conservation and mitigation measures are commensurate with the ESA's definition of “take.”</P>
                    <P>
                        This revision is prospective only and does not affect permits that have been granted as of the date this rule becomes final. That is, no conservation agreements and habitat management plans that are in effect as of the date of this rule becomes final are affected. As noted above, such agreements and plans were but one input among many into the ultimate decision whether and how 
                        <PRTPAGE P="43312"/>
                        to authorize a given action (
                        <E T="03">Cf. Seven Cnty. Infrastructure Coal.</E>
                         v. 
                        <E T="03">Eagle Cnty., Colorado,</E>
                         605 U.S. 168, 180 (2025)). Disturbing the finality of the overall permitting decision would be highly disruptive to settled expectations, as well as immensely time-consuming and difficult, in return for at most speculative gains. It would also contradict the assurance of repose given to permittees in regulations governing HCPs (see 50 CFR 17.22(b)(5), 17.32(b)(5); response to Comment 5, above). Going forward, the Services intend to review each specific situation and species response to the action to determine whether it may or may not constitute “harm” to a species pursuant to section 3 of the ESA. The Services will continue to work with applicants to ensure that HCPs and CBAs are developed and permitted to address species-specific impacts and that conservation and mitigation measures are commensurate with the ESA's definition of “take.” This rulemaking does not prohibit willing landowners from implementing conservation plans and agreements that are more comprehensive than what sections 9 and 10 of the ESA require.
                    </P>
                    <P>
                        However, beyond situations in which private persons 
                        <E T="03">voluntarily</E>
                         wish to purchase such mitigation services or need to purchase them in order to comply with other provisions of law, the market for such services under ESA sections 9 and 10 is a creation of regulations that, in the view of the Services, are not authorized by the Act. Where there is no justification in law for imposing the relevant regulation, imposing such costs is inherently illegitimate—and pleas to keep them, though cast in the form of reliance interests, are essentially regulatory rent-seeking. The Services therefore, in accord with 
                        <E T="03">Regents,</E>
                         has decided that “reliance interests in benefits [
                        <E T="03">i.e.,</E>
                         regulatory rents] that it views as unlawful are entitled to no or diminished weight” (591 U.S. at 32).
                    </P>
                    <P>
                        <E T="03">Comment 19:</E>
                         Several commenters stated that Tribal activities associated with the environment and natural resources are not merely economic activities but are a deeply rooted cultural, spiritual, and subsistence practice. For example, treaty fishing rights are essential to preserving their way of life, with nearly every household participating in the fish harvest. Communities rely on salmon and other species for food, income, and cultural continuity. Any weakening of ESA protections—particularly the definition of “harm”—would significantly threaten Tribal abilities to maintain these practices, leading to widespread negative impacts on their economy and social fabric.
                    </P>
                    <P>
                        <E T="03">Response:</E>
                         The Services acknowledge the sovereign status of Tribal Nations and recognize that Tribal stewardship of natural resources is deeply rooted in cultural, spiritual, and subsistence traditions that are integral to Tribal identity and self-determination. The Services also reaffirm their commitment to honoring tribal treaty rights in full. However, the requirements imposed by the ESA are separate and distinct from treaty rights. When it comes to the ESA, the Services acknowledge the significance of the policy interests articulated by the tribes, but emphasize that this final rule is a legal correction to align the regulatory definition of “harm” with the single, best reading of the ESA's statutory text. This action does not change any species classifications or critical habitat designations and ensures that the Services' regulations are legally sound and align with the best reading of the ESA. The ESA, properly understood, addresses habitat-related impacts through other provisions of the ESA, including section 7 consultations and section 5 land acquisition authorities. The Services remain committed to meaningful coordination and consultation with Tribal Nations to ensure that their voices, knowledge, and sovereignty are respected in the conservation and recovery of endangered and threatened species.
                    </P>
                    <P>
                        <E T="03">Comment 20:</E>
                         Several commenters highlighted the substantial economic value of healthy habitats and native species, particularly for outdoor recreation, tourism, and biodiversity-dependent industries. They warned that weakening protections—such as redefining “harm” under the Endangered Species Act—could lead to wildlife declines, increased extinction risks, and economic losses for communities reliant on natural resources. Commenters also criticized the proposed rule as misleading, arguing it overlooks the effects to small businesses that benefit from strong wildlife protections, such as eco-tourism businesses, Tribal communities, research institutions, and conservation organizations. They called for a thorough economic impact analysis that includes all affected stakeholders, not just development interests.
                    </P>
                    <P>
                        <E T="03">Response:</E>
                         The Services disagree that the entities mentioned by the commenters should be included in an economic impact analysis because they are not directly regulated entities for the purpose of the Regulatory Flexibility Act (RFA; 5 U.S.C. 601 
                        <E T="03">et seq.</E>
                        ). The businesses listed by the commenters are not subject to the requirements of the rule and are only indirectly affected. Only directly regulated entities are required to be considered under the RFA. The extent to which any impacts assessed are not limited to development interests as the commenters suggest.
                    </P>
                    <P>
                        The Services emphasize that the rescission of the regulatory definition of “harm” does not diminish the importance of habitat loss or degradation as a significant threat to many species listed under the ESA. Habitat protection and conservation play a critical role in species conservation and recovery efforts. Rather, this rule clarifies that “take” applies only to actions that cause actual injury or death to listed species. Habitat-related impacts are considered and addressed under other provisions of the ESA, including section 7 consultations, critical habitat designations, section 5 land acquisition authorities, and cooperation with willing landowners through voluntary programs. The Services will continue to use these tools to address threats to species and to help chart the path to recovery and delisting. The rescission of the definition of “harm” intends to align the implementation of the Act with the single, best reading of the statute by removing habitat modification or degradation as a form of prohibited “take.” This rulemaking does not prohibit willing landowners from implementing conservation plans and agreements that are more comprehensive than what sections 9 and 10 of the ESA require. The Services have fulfilled their requirements under 
                        <E T="03">State Farm, Department of Homeland Security</E>
                         v. 
                        <E T="03">Regents,</E>
                         and all other applicable law. See the Services' Responses to Comments 13, 15, and 16.
                    </P>
                    <P>
                        <E T="03">Comment 21:</E>
                         Commenters emphasized that the existing definition of “harm” has supported the growth of a multi-billion-dollar mitigation and restoration industry. They cited investments in ecological restoration services, mitigation banking, and conservation offsets, warning that rescinding the definition could strand existing investments, reduce demand for offsets, and diminish compliance options. They argued that such changes would stall new projects, eliminate markets built around habitat-based regulation, and weaken both environmental outcomes and related economic activity.
                    </P>
                    <P>
                        <E T="03">Response:</E>
                         The Services recognize that a restoration and mitigation industry has developed under the prior regulatory framework. Commenters are correct that changes in regulatory drivers may influence market demand 
                        <PRTPAGE P="43313"/>
                        for certain mitigation efforts focused on habitat conservation that were once necessary to obtain an incidental take permit under section 10 of the ESA. As noted in the preamble, the magnitude of such impacts is uncertain and not amenable to reliable quantification. Also, as noted above in response to Comment 16, state-law regimes remain in place, and, where applicable, will still support this industry. This partially mitigates the impact of this rule change on the reliance interests addressed by these commenters. However, such markets are essentially regulatory rents. The best reading of sections 9 and 10 of the Act provide no justification for imposing these costs. As such, imposing them is inherently illegitimate—and pleas to keep them, though cast in the form of reliance interests, are essentially rent-seeking. The Services therefore, in accord with 
                        <E T="03">Regents,</E>
                         has decided that “reliance interests in benefits [
                        <E T="03">i.e.,</E>
                         regulatory rents] that it views as unlawful are entitled to no or diminished weight” (591 U.S. at 32).
                    </P>
                    <P>The Services note again that this rulemaking does not change the regulatory regimes for species recovery and habitat protection through section 4 critical habitat designations, section 5 land acquisition authorities, section 6 cooperative agreements, section 7 consultations, and other collaborative mechanisms.</P>
                    <P>In other words, conservation outcomes will continue through other legally appropriate mechanisms. Additionally, this rulemaking does not prohibit willing landowners from implementing conservation plans and agreements that are more comprehensive than what sections 9 and 10 of the ESA require.</P>
                    <P>This revision is prospective only and does not affect permits that have been granted as of the date this rule becomes final. That is, no conservation agreements and habitat management plans that are in effect as of the date of this rule becomes final are affected.</P>
                    <P>
                        By rescinding the regulatory definition of “harm,” the Services are restoring clarity to the statutory framework by aligning the definition of “take” with the single, best reading of the statute. The Services are not taking this action on the basis of any potential economic impacts. The Services have fulfilled their requirements under 
                        <E T="03">State Farm, Department of Homeland Security</E>
                         v. 
                        <E T="03">Regents,</E>
                         and all other applicable law. See the Services' Responses to Comments 15 and 16.
                    </P>
                    <P>
                        <E T="03">Comment 22:</E>
                         Several commenters stated that reducing habitat protections now could increase long-term costs to government and taxpayers. They stressed that preventive measures—such as conserving intact habitat—are generally more cost-effective than emergency interventions or species recovery programs after populations have declined. In their view, the proposed rule shifts costs into the future by lowering preventive protections today.
                    </P>
                    <P>
                        <E T="03">Response:</E>
                         The Services acknowledge the general economic principle that preventive action often reduces the need for more expensive recovery measures later. Maintaining habitat quality typically requires fewer resources than restoring degraded ecosystems or supporting species once they are at risk of extinction. While the Services are not the sole implementers of habitat protection, we work closely with Federal, State, Tribal, local, and private partners to support proactive conservation efforts that reduce long-term risks and costs, and we remain committed to leveraging these partnerships to achieve shared conservation outcomes under the ESA.
                    </P>
                    <P>The Services are restoring clarity to the statutory framework by aligning the definition of “take” with the single, best reading of the statute. The Services note that other statutory tools, such as section 5 land acquisition and section 7 consultations, remain in place to support preventive conservation.</P>
                    <P>
                        <E T="03">Comment 23:</E>
                         Commenters stated that the proposed rule lacks any quantitative economic analysis. They emphasized that no cost-benefit assessment is presented, nor are there empirical estimates of compliance savings, industry impacts, or foregone ecological and social benefits. They argued that this absence undermines transparency and hinders evaluation of trade-offs.
                    </P>
                    <P>
                        <E T="03">Response:</E>
                         The Services acknowledge that the proposed rule did not include a formal quantitative cost-benefit analysis. The magnitude of many potential effects—such as reliance investments-and ecological outcomes—is unknown and not amenable to reliable monetization with current data. Rescinding the definition of “harm” is expected to reduce certain regulatory burdens, and the scale of those savings was determined to be economically significant. A Regulatory Impact Analysis was conducted, and the Services estimated annualized quantified cost savings of $361.3 million at a 3 percent discount rate and $521.0 million at a 7 percent discount rate, reflecting reduced planning, negotiation, mitigation, and implementation costs for HCPs. A regulatory flexibility analysis is not required if an agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. After conducting both an initial regulatory flexibility analysis and a final regulatory flexibility analysis, the Services certify that this rule will not have a significant economic effect on a substantial number of small entities.
                    </P>
                    <P>
                        <E T="03">Comment 24:</E>
                         Multiple commenters argued that the proposed rescission of the regulatory definition of “harm” raises constitutional concerns related to the separation of powers and the faithful execution of laws. They emphasized that under Article I of the U.S. Constitution, Congress holds the authority to enact statutes such as the ESA, while Article II obligates the executive branch to faithfully execute those laws. Commenters asserted that removing the definition of “harm” does not relieve the Services of their duty to enforce the ESA as written by Congress, including its provisions for protecting both species and their habitats. They expressed concern that the proposed rule appears to disregard longstanding statutory interpretations and judicial precedent, potentially undermining the legislative intent behind the ESA. Some commenters argued that eliminating the definition of “harm” could weaken key regulatory mechanisms, such as HCPs and section 7 consultations, thereby reducing the effectiveness of the ESA and violating the executive branch's constitutional responsibility. Others suggested that the rule may overstep the authority granted to agencies under Article II by attempting to reinterpret or narrow statutory terms that Congress has already defined. Overall, commenters maintained that the Services must uphold their constitutional obligation to implement the ESA in a manner consistent with congressional intent and judicial interpretation, and that the proposed rule risks disrupting this balance of powers.
                    </P>
                    <P>
                        <E T="03">Response:</E>
                         The Services' current regulatory definition of harm does not accord with the single, best meaning of the text. Implementing the text as written by Congress is exactly how the executive branch should be respecting separation of powers in this instance. Nothing in 
                        <E T="03">Loper Bright</E>
                         prohibits the executive branch from reevaluating prior statutory interpretations to ensure compliance with the statute's text, and, given the opinion's insistence on applying the best meaning of the text of a law, it would be shocking if it did so. This rule rescinds the regulatory definition of “harm” on the grounds that it does not reflect the best reading of the statutory text, thereby effectuating the executive branch's obligation to 
                        <PRTPAGE P="43314"/>
                        “take Care that the Laws be faithfully executed” (U.S. Const. art. II, section 3.). This recission is fully consistent with Congress's definition of “take” in section 3 and with the dissent in 
                        <E T="03">Sweet Home.</E>
                         We are executing the law as written by Congress by addressing habitat-related impacts through other provisions of the ESA, including section 7 consultations and section 5 land acquisition authorities. See our response to Comment 20 for the Services' discussion on potential impacts to HCPs.
                    </P>
                    <P>
                        <E T="03">Comment 25:</E>
                         Several commenters opposed the rescission of the regulatory definition of “harm” and cited a series of judicial decisions— 
                        <E T="03">Palila</E>
                         v. 
                        <E T="03">Hawaii Dep't of Land &amp; Nat. Res.,</E>
                         471 F. Supp. 985 (D. Haw. 1979); 
                        <E T="03">Palila</E>
                         v. 
                        <E T="03">Hawaii,</E>
                         639 F.2d 495 (9th Cir. 1981; 
                        <E T="03">Palila</E>
                        ), 
                        <E T="03">Sierra Club</E>
                         v. 
                        <E T="03">Yeutter,</E>
                         926 F.2d 429 (5th Cir. 1991; 
                        <E T="03">Yeutter</E>
                        ), 
                        <E T="03">Cascadia Wildlands</E>
                         v. 
                        <E T="03">Scott Timber Co.,</E>
                         618 F. Supp. 3d 1038 (D. Or. 2022), aff'd, 105 F.4th 1144 (9th Cir. 2024; 
                        <E T="03">Cascadia Wildlands</E>
                        ), 
                        <E T="03">Pacific Rivers Council</E>
                         v. 
                        <E T="03">Thomas,</E>
                         30 F.3d 1050 (9th Cir. 1994; 
                        <E T="03">Pacific Rivers Council</E>
                        ), and 
                        <E T="03">Tennessee Valley Authority</E>
                         v. 
                        <E T="03">Hill,</E>
                         437 U.S. 153 (1978; 
                        <E T="03">TVA</E>
                         v. 
                        <E T="03">Hill</E>
                        )—as evidence that the ESA has long been interpreted to prohibit habitat destruction that impairs essential behavioral patterns of listed species. These commenters stated that the courts in these cases recognized that habitat modification can constitute a prohibited “take” under the ESA, and that rescinding the regulatory definition of “harm” would be inconsistent with this precedent and undermine the ESA's conservation mandate.
                    </P>
                    <P>
                        <E T="03">Response:</E>
                         We acknowledge the cited decisions. However, these cases do not require the continued use of the regulatory definition of “harm”.
                    </P>
                    <P>
                        To begin, two of these cases do not even address the statutory-construction question at the heart of this rulemaking. 
                        <E T="03">Yeutter</E>
                         mentions the word “harm” only in the facts section, see 926 F.2d at 433 &amp; n.2, while the word “harm” does not appear in 
                        <E T="03">Pacific Rivers Council</E>
                         at all. Three other decisions appear only to apply the regulatory definition of “harm,” not to answer the question of whether that regulatory definition is a correct construction of the statutory text. See 
                        <E T="03">Cascadia Wildlands,</E>
                         618 F. Supp. 3d. at 1067 (reciting the statutory and regulatory definitions, noting the holding of 
                        <E T="03">Sweet Home,</E>
                         and applying those definitions); 105 F.4th at 1156-57 (similar); 
                        <E T="03">Palila,</E>
                         471 F. Supp. at 995. To the extent the remaining decision—the Ninth Circuit's 
                        <E T="03">Palila</E>
                         decision—does address the question of whether the statutory “take” (via “harm”) correctly includes habitat destruction, the analysis is extremely cursory and uses outdated modes of analysis: It addresses the merits of this question in one, spare, four-sentence paragraph, which relied primarily on “legislative history” (639 F.2d at 497-98).
                        <SU>13</SU>
                        <FTREF/>
                         The bottom line is that the Services do not find these decisions persuasive.
                    </P>
                    <FTNT>
                        <P>
                            <SU>13</SU>
                             That the named plaintiff in 
                            <E T="03">Palila</E>
                             is a species of bird also indicates to the Services that its mode of jurisprudence would not accord with best modern practices.
                        </P>
                    </FTNT>
                    <P>
                        Turning to the two Supreme Court cases cited, 
                        <E T="03">TVA</E>
                         v. 
                        <E T="03">Hill</E>
                         is not on point. Its reflections on legislative history and Congressional purpose are interesting, and taken by the Services for what they are worth. But 
                        <E T="03">Hill</E>
                         does not address or answer the statutory-interpretation question at answer in this rulemaking. The case that does is 
                        <E T="03">Sweet Home.</E>
                         The majority's holding in that case, applying 
                        <E T="03">Chevron,</E>
                         is that the construction then proffered by the Services was “reasonable.” For the reasons explained pervasively in this final rule and in the proposed rule, the Services are persuaded instead by Justice Scalia's analysis as to what the 
                        <E T="03">correct</E>
                         construction of the statutory text is.
                    </P>
                    <P>
                        We recognize that the Supreme Court held in 
                        <E T="03">Loper Bright</E>
                         that its “prior cases that relied on the 
                        <E T="03">Chevron</E>
                         framework . . . are still subject to statutory 
                        <E T="03">stare decisis”</E>
                         (603 U.S. at 412). But under the then-prevailing 
                        <E T="03">Chevron</E>
                         framework, 
                        <E T="03">Sweet Home</E>
                         held only that the existing regulation is a permissible reading of the ESA, not the only possible such reading. Our rescission of the regulatory definition on the grounds that it does not reflect the best reading of the statutory text thus is fully consistent with 
                        <E T="03">Sweet Home.</E>
                    </P>
                    <P>Accordingly, while these decisions illustrate how the prior regulatory definition of “harm” was applied in specific factual contexts, they did not determine that the regulatory definition of harm constituted the single best reading of the ESA and thus do not preclude the Services from rescinding that definition in favor of a reading that better aligns with the statutory text.</P>
                    <P>
                        <E T="03">Comment 26:</E>
                         Some commenters cited 
                        <E T="03">Skidmore</E>
                         v. 
                        <E T="03">Swift &amp; Co.,</E>
                         323 U.S. 134 (1944; 
                        <E T="03">Skidmore</E>
                        ), and 
                        <E T="03">Kimble</E>
                         v. 
                        <E T="03">Marvel Entertainment, LLC,</E>
                         576 U.S. 446 (2015; 
                        <E T="03">Kimble</E>
                        ), to argue that the Services should retain the regulatory definition of “harm” out of respect for longstanding agency interpretations and the principle of 
                        <E T="03">stare decisis.</E>
                         These commenters contended that even if 
                        <E T="03">Chevron</E>
                         deference no longer applies, the Services' decades-long interpretation of “harm” should still be afforded weight under 
                        <E T="03">Skidmore,</E>
                         and that the principle of 
                        <E T="03">stare decisis,</E>
                         as reaffirmed in 
                        <E T="03">Kimble,</E>
                         counsels against rescinding a settled regulatory interpretation absent a compelling justification.
                    </P>
                    <P>
                        <E T="03">Response:</E>
                         The Services recognize the importance of consistency and stability in interpretation of the ESA; however, neither case compels the retention of the regulatory definition of “harm,” which runs contrary to the text and structure of the ESA.
                    </P>
                    <P>
                        Under 
                        <E T="03">Skidmore,</E>
                         agency interpretations may be entitled to respect 
                        <E T="03">by courts</E>
                         to the extent they have the “power to persuade.” It is true, furthermore, that courts have opined that “respect” has been “especially warranted when an Executive Branch interpretation was issued roughly contemporaneously with enactment of the statute and remained consistent over time” (
                        <E T="03">Loper Bright,</E>
                         603 U.S. at 386). “`Respect,' though, was just that” (
                        <E T="03">Id.</E>
                        ). A court should never afford respect to an agency interpretation—under 
                        <E T="03">Skidmore</E>
                         or any other precedent—when that interpretation runs contrary to the text and structure of the statutory language, as Justice Scalia's 
                        <E T="03">Sweet Home</E>
                         dissent observed. In this rulemaking, the Services have determined that the prior regulatory definition of “harm” does not reflect the best meaning of the statutory text. Moreover, the Services are, to begin, not a court, and thus 
                        <E T="03">Skidmore</E>
                         deference is arguably inapposite.
                    </P>
                    <P>
                        As for 
                        <E T="03">Kimble,</E>
                         it is inapt, because it addresses the considerations that 
                        <E T="03">courts</E>
                         must consider when repudiating their own prior precedents regarding how to interpret a statute, 
                        <E T="03">i.e.,</E>
                         what the 
                        <E T="03">best</E>
                         reading of the statute is. By contrast, the idea of applying 
                        <E T="03">stare decisis</E>
                         to agency action is inconsistent with a core tenet of administrative law: agencies may change positions. See, 
                        <E T="03">e.g., FDA</E>
                         v. 
                        <E T="03">Wages &amp; White Lion Investments, L.L.C.,</E>
                         604 U.S. 542, 569-70 (2025). In other words, there is no such thing as stare decisis for agency interpretation. Agencies are permitted to revise or rescind prior interpretations when warranted by changes in law, policy, or interpretive standards.
                    </P>
                    <P>Accordingly, while the Services respect the values of consistency and institutional experience, those values do not override the obligation to interpret the ESA in accordance with its best reading.</P>
                    <HD SOURCE="HD1">Required Determinations</HD>
                    <HD SOURCE="HD2">Regulatory Planning and Review—Executive Orders 12866 and 13563</HD>
                    <P>
                        Executive Order (E.O.) 12866 provides that the Office of Information and Regulatory Affairs (OIRA) in the Office 
                        <PRTPAGE P="43315"/>
                        of Management and Budget will review all significant rules. OIRA has determined that this rule is significant.
                    </P>
                    <P>E.O. 13563 reaffirms the principles of E.O. 12866 while calling for improvements in the Nation's regulatory system to promote predictability, to reduce uncertainty, and to use the best, most innovative, and least burdensome tools for achieving regulatory ends. E.O. 13563 directs agencies to consider regulatory approaches that reduce burdens and maintain flexibility and freedom of choice for the public where these approaches are relevant, feasible, and consistent with regulatory objectives. E.O. 13563 emphasizes further that regulations must be based on the best available science and that the rulemaking process must allow for public participation and an open exchange of ideas. We have developed this final rule in a manner consistent with these requirements.</P>
                    <HD SOURCE="HD2">Unleashing Prosperity Through Deregulation—E.O. 14192</HD>
                    <P>This final rule is an E.O. 14192 deregulatory action.</P>
                    <HD SOURCE="HD2">Regulatory Flexibility Act (5 U.S.C. 601 et seq.)</HD>
                    <P>
                        Under the Regulatory Flexibility Act (RFA), as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA; title II of Pub. L. 104-121, March 29, 1996), whenever a Federal agency is required to publish a notice of rulemaking for any proposed or final rule, it must prepare, and make available for public comment, a regulatory flexibility analysis that describes the effect of the rule on small entities (
                        <E T="03">i.e.,</E>
                         small businesses, small organizations, and small government jurisdictions). However, no regulatory flexibility analysis is required if the head of an agency, or that person's designee, certifies that the rule will not have a significant economic impact on a substantial number of small entities. SBREFA amended the RFA to require Federal agencies to provide a statement of the factual basis for certifying that a rule will not have a significant economic impact on a substantial number of small entities. We certify that this rule will not have a significant economic impact on a substantial number of small entities. The following discussion explains our rationale.
                    </P>
                    <P>This final rule is deregulatory and is generally expected to benefit small entities regulated by the ESA, primarily those entities that voluntarily seek and are subsequently issued section 10(a) permits. To the extent that fewer future ESA section 10(a) permits are issued, lower administrative and recordkeeping costs are likely. Additionally, to the extent that future permits are not issued or are issued in a more limited capacity, some portion of otherwise-affected small entities would benefit by avoiding implementation costs. Furthermore, dependent on the extent to which a reduced number of section 10(a) permits are issued, a reduction in activities on the part of entities engaged in restoration and habitat protection activities could result. However, we do not expect this potential effect to rise to the level of a significant economic effect nor affect a substantial number of small entities. Therefore, we certify that this rule will not have a significant economic effect on a substantial number of small entities.</P>
                    <HD SOURCE="HD2">Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.)</HD>
                    <P>
                        In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501 
                        <E T="03">et seq.</E>
                        ):
                    </P>
                    <P>
                        (a) On the basis of information presented under 
                        <E T="03">Regulatory Flexibility Act,</E>
                         above, this rule will not “significantly or uniquely” affect small governments. We have determined and certify pursuant to the Unfunded Mandates Reform Act that this final rule will not impose a cost of $100 million or more in any given year on local or State governments or private entities. A small government agency plan is not required. As explained above, small governments will not be affected because the final rule will not place additional requirements on any city, county, or other local municipalities.
                    </P>
                    <P>(b) This rule will not produce a Federal mandate on State, local, or Tribal governments or the private sector of $100 million or greater in any year; that is, this final rule is not a “significant regulatory action” under the Unfunded Mandates Reform Act. This final rule will impose no obligations on State, local, or Tribal governments.</P>
                    <HD SOURCE="HD2">Takings—E.O. 12630</HD>
                    <P>In accordance with E.O. 12630, this rule will not have significant takings implications. This rule does not pertain to “taking” of private property interests, nor will it directly affect private property. A takings implication assessment is not required because this final rule (1) will not effectively compel a property owner to suffer a physical invasion of property and (2) will not deny all economically beneficial or productive use of the land or aquatic resources. This rule substantially advances a legitimate government interest (eliminating regulatory definitions that do not align with the best meaning of the ESA) and will not present a barrier to all reasonable and expected beneficial use of private property.</P>
                    <HD SOURCE="HD2">Federalism—E.O. 13132</HD>
                    <P>In accordance with E.O. 13132, we have considered whether this rule will have significant federalism effects and have determined that a federalism summary impact statement is not required. This rule rescinds the regulatory definition of “harm” and will not have substantial direct effects on the States, on the relationship between the Federal Government and the States, or on the distribution of power and responsibilities among the various levels of government.</P>
                    <HD SOURCE="HD2">Civil Justice Reform—E.O. 12988</HD>
                    <P>This final rule does not unduly burden the judicial system and meets the applicable standards provided in sections 3(a) and 3(b)(2) of E.O. 12988. This final rule rescinds the regulatory definition of “harm”.</P>
                    <HD SOURCE="HD2">Government-to-Government Relationship With Tribes—E.O. 13175</HD>
                    <P>In accordance with the President's memorandum of April 29, 1994 (“Government-to-Government Relations With Native American Tribal Governments;” 59 FR 22951, May 4, 1994), E.O. 13175 (“Consultation and Coordination with Indian Tribal Governments”), the President's memorandum of November 30, 2022 (“Uniform Standards for Tribal Consultation;” 87 FR 74479, December 5, 2022), and the Department of the Interior's manual at 512 DM 2, and the National Oceanic and Atmospheric Administration (NOAA) Administrative Order (NAO) 218-8 (April 2012), we considered the possible effects of this rule on federally recognized Tribes. After the opening of the public comment period, we received multiple requests for coordination or Government-to-Government consultation from multiple Tribes: Cheyenne River Sioux Tribe, Great Lakes Indian Fish and Wildlife Commission, Pueblo of San Felipe, Fond du Lac Band of Lake Superior Chippewa, Swinomish Indian Tribal Community, Fallon Paiute Shoshone Tribe, Lower Elwha Klallam Tribe, Quinault Indian Nation, Confederated Tribes and Bands of the Yakama Nation, Cowlitz Indian Tribe, and Bishop Paiute Tribe.</P>
                    <P>
                        The Service concludes that this rule is general in nature and does not directly affect any specific Tribal lands, treaty rights, or Tribal trust resources. This 
                        <PRTPAGE P="43316"/>
                        regulation, which removes the definition of “harm” from 50 CFR 17 and 222, does not have direct, substantial effects on one or more Indian Tribes, as the Services issue permits to Indian Tribes on a very limited basis, but rather consult and coordinate with Tribes on a case-by-case basis. This rule is general in nature and does not directly affect any specific species, Tribal lands, treaty rights, or Tribal trust resources. Therefore, we conclude that this regulation does not have “tribal implications” under section 1(a) of E.O. 13175 and formal government-to-government consultation is not required by E.O. 13175 and related policies of the Department of the Interior and the Department of Commerce. We will continue to collaborate with Tribes on issues related to federally listed species and work with them as we implement the provisions of the Act. See Joint Secretary's Order 3206 (“American Indian Tribal Rights, Federal-Tribal Trust Responsibilities, and the Endangered Species Act,” June 5, 1997).
                    </P>
                    <HD SOURCE="HD2">Paperwork Reduction Act (44 U.S.C. 3501 et seq.)</HD>
                    <P>
                        This final rule does not contain any new collection of information that requires approval by the OMB under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
                        <E T="03">et seq.</E>
                        ). 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.
                    </P>
                    <HD SOURCE="HD2">National Environmental Policy Act (42 U.S.C. 4321 et seq.)</HD>
                    <P>
                        We have analyzed this rule in accordance with the National Environmental Policy Act (NEPA, 42 U.S.C. 4321 
                        <E T="03">et seq.</E>
                        ), the Department of the Interior National Environmental Policy Act implementing regulations at 43 CFR part 46, the Department of the Interior Handbook of National Environmental Policy Act Implementing Procedures (516 DM 1), the NOAA Administrative Order 216-6A, and the NOAA Companion Manual (CM), “Policy and Procedures for Compliance with the National Environmental Policy Act and Related Authorities” (effective June 30, 2025).
                    </P>
                    <P>
                        The Services have determined that the “proposed agency action is a nondiscretionary action with respect to which such agency does not have authority to take environmental factors into consideration in determining whether to take the proposed action” (42 U.S.C. 4336(a)(4); 
                        <E T="03">see Dep't of Transp.</E>
                         v. 
                        <E T="03">Pub. Citizen,</E>
                         541 U.S. 752, 766-70 (2004)).
                    </P>
                    <P>The Services have also determined, in the alternative, that there will be no significant individual or cumulative effect on the quality of the human environment with the rescission of the definition of “harm” in 50 CFR part 17.3 and have applied a categorical exclusion to comply with the NEPA, specifically, the Department of the Interior categorical exclusion for “Policies, directives, regulations, and guidelines: that are of an administrative, financial, legal, technical, or procedural nature; or whose environmental effects are too broad, speculative, or conjectural to lend themselves to meaningful analysis and will later be subject to the NEPA process, either collectively or case-by-case” (43 CFR 46.210(i)), which NOAA has adopted, consistent with NOAA's NEPA procedures (NOAA CM V(F)). We have also determined the extraordinary circumstances listed in 43 CFR 46.215 do not apply to the direct effects of the proposed action.</P>
                    <P>
                        We completed an environmental action statement for the categorical exclusion for the rescission of the definition of “harm” in 50 CFR part 17.3. The environmental action statement and supporting categorical exclusion documentation is available at 
                        <E T="03">https://www.regulations.gov</E>
                         in Docket No. FWS-HQ-ES-2025-0034.
                    </P>
                    <HD SOURCE="HD2">Energy Supply, Distribution or Use—E.O. 13211</HD>
                    <P>E.O. 13211 (Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use) requires agencies to prepare statements of energy effects “to the extent permitted by law” when undertaking actions identified as significant energy actions (66 FR 28355; May 22, 2001). E.O. 13211 defines a “significant energy action” as an action that (i) is a significant regulatory action under E.O. 12866 (or any successor order); and (ii) is likely to have a significant adverse effect on the supply, distribution, or use of energy. This final rule is not expected to affect energy supplies, distribution, and use. Therefore, this action is not a significant energy action, and there is no requirement to prepare a statement of energy effects for this action.</P>
                    <HD SOURCE="HD2">Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.)</HD>
                    <P>
                        In finalizing this rule, the Services are acting in their unique statutory role as administrators of the Act and are engaged in a legal exercise of interpreting the standards of the Act. The Services' administration of the Act is not in itself subject to the Act's provisions, including section 7(a)(2). The Services have a historical practice of issuing their general regulations under the ESA without undertaking section 7 consultation. This practice accords with the plain language, structure, and purposes of the ESA, which does not place a consultation obligation on the Services' administration of the Act. Although the Services consult on actions through intra-agency consultations where appropriate (
                        <E T="03">e.g.,</E>
                         issuance of permits under section 10(a) and actions under statutory authorities other than the ESA), the Services in those instances are acting principally as an “action agency” carrying out provisions of the Act or other statutes. Here, by contrast, the Services are acting solely in their role as administrators of the ESA; we are also not administering the Act to propose or take a specific action. The Services are carrying out the most fundamental exercise of our role as administrators of the ESA, and the Act cannot reasonably be construed as requiring the Services to “consult” with themselves under section 7(a)(2) in such cases.
                    </P>
                    <HD SOURCE="HD1">Authority</HD>
                    <P>
                        We issue this final rule under the authority of the Endangered Species Act, as amended (16 U.S.C. 1531 
                        <E T="03">et seq.</E>
                        ).
                    </P>
                    <LSTSUB>
                        <HD SOURCE="HED">List of Subjects</HD>
                        <CFR>50 CFR Part 17</CFR>
                        <P>Endangered and threatened species, Exports, Imports, Plants, Reporting and recordkeeping requirements, Transportation, Wildlife.</P>
                        <CFR>50 CFR Part 222</CFR>
                        <P>Administrative practice and procedure, Endangered and threatened species, Exports, Reporting and recordkeeping requirements, Transportation.</P>
                    </LSTSUB>
                    <HD SOURCE="HD1">Regulation Promulgation</HD>
                    <P>For the reasons set out in the preamble, we hereby amend part 17 of chapter I and part 222 of chapter II, title 50 of the Code of Federal Regulations, as set forth below:</P>
                    <PART>
                        <HD SOURCE="HED">PART 17—ENDANGERED AND THREATENED WILDLIFE AND PLANTS </HD>
                    </PART>
                    <REGTEXT TITLE="50" PART="17">
                        <AMDPAR>1. The authority citation for part 17 continues to read as follows:</AMDPAR>
                        <AUTH>
                            <HD SOURCE="HED">Authority: </HD>
                            <P>16 U.S.C. 1361-1407; 1531-1544; and 4201-4245, unless otherwise noted.</P>
                        </AUTH>
                    </REGTEXT>
                    <SUBPART>
                        <PRTPAGE P="43317"/>
                        <HD SOURCE="HED">Subpart A—Introduction and General Provisions</HD>
                        <SECTION>
                            <SECTNO>§ 17.3 </SECTNO>
                            <SUBJECT>[Amended]</SUBJECT>
                        </SECTION>
                    </SUBPART>
                    <REGTEXT TITLE="50" PART="17">
                        <AMDPAR>2. Amend § 17.3 by removing the definition for “Harm”. </AMDPAR>
                    </REGTEXT>
                    <PART>
                        <HD SOURCE="HED">PART 222—GENERAL ENDANGERED AND THREATENED MARINE SPECIES</HD>
                    </PART>
                    <REGTEXT TITLE="50" PART="222">
                        <AMDPAR>3. The authority citation for part 222 continues to read as follows:</AMDPAR>
                        <AUTH>
                            <HD SOURCE="HED">Authority: </HD>
                            <P>
                                16 U.S.C. 1531 
                                <E T="03">et seq.;</E>
                                 16 U.S.C. 742a 
                                <E T="03">et seq.</E>
                                 Section 222.403 also issued under 16 U.S.C. 1361 
                                <E T="03">et seq.</E>
                                  
                            </P>
                        </AUTH>
                    </REGTEXT>
                    <SUBPART>
                        <HD SOURCE="HED">Subpart A—Introduction and General Provisions</HD>
                        <SECTION>
                            <SECTNO>§ 222.102 </SECTNO>
                            <SUBJECT>[Amended]</SUBJECT>
                        </SECTION>
                    </SUBPART>
                    <REGTEXT TITLE="50" PART="222">
                        <AMDPAR>4. Amend § 222.102 by removing the definition for “Harm”. </AMDPAR>
                    </REGTEXT>
                    <SIG>
                        <NAME>Kevin Lilly,</NAME>
                        <TITLE>Principal Deputy Assistant Secretary for Fish and Wildlife and Parks, Exercising the Delegated Authority of the Assistant Secretary for Fish and Wildlife and Parks. </TITLE>
                        <NAME>Timothy R. Petty,</NAME>
                        <TITLE>Assistant Secretary of Commerce for Oceans and Atmosphere and Deputy NOAA Administrator, Department of Commerce.</TITLE>
                    </SIG>
                </SUPLINF>
                <FRDOC>[FR Doc. 2026-14195 Filed 7-10-26; 5:00 pm]</FRDOC>
                <BILCOD>BILLING CODE 3510-22-P-4333-15-P</BILCOD>
            </RULE>
        </RULES>
    </NEWPART>
</FEDREG>
