Federal Register / Vol. 69, No. 198 / Thursday, October 14, 2004 / Notices 60995

at this site. If you have questions about 

using PDF, call the U.S. Government 

Printing Office (GPO), toll free, at 1–

888–293–6498; or in the Washington, 

DC, area at (202) 512–1530.

Note: The official version of this document 

is the document published in the Federal 

Register. Free Internet access to the official 

edition of the Federal Register and the Code 

of Federal Regulations is available on GPO 

Access at: http://www.gpoaccess.gpo/nara/

index.html.

Authority: 5 U.S.C. Appendix 2.

Dated: October 7, 2004. 

Sally L. Stroup, 

Assistant Secretary for Postsecondary 

Education.

[FR Doc. 04–23018 Filed 10–13–04; 8:45 am] 

BILLING CODE 4000–01–P

ENVIRONMENTAL PROTECTION 

AGENCY 

[AMS–FRL–7827–5] 

California State Motor Vehicle 

Pollution Control Standards; Waiver of 

Federal Preemption for Off-Cycle 

Emission Test Requirements; Notice of 

Decision

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Notice regarding waiver of 

federal preemption. 

SUMMARY: EPA today, pursuant to 

section 209(b) of the Clean Air Act 

(Act), 42 U.S.C. 7543(b), is granting 

California its request for a waiver of 

federal preemption for its regulations 

controlling emissions from off-cycle 

aggressive driving and air-conditioning 

usage for motor vehicles under 8,501 

pounds gross vehicle weight rating. The 

California Air Resources Board (CARB) 

requested that EPA grant California a 

waiver of federal preemption for its 

regulations which incorporate EPA’s 

two supplemental federal test 

procedures (SFTP) and associated 

certification standards.

ADDRESSES: The Agency’s Decision 

Document, containing an explanation of 

the Assistant Administrator’s decision, 

as well as all documents relied upon in 

making that decision, including those 

submitted to EPA by CARB, are 

available at the EPA’s Air and Radiation 

Docket at EPA’s Docket Center. The 

Docket Center is open from 8:30 to 4:30 

p.m. Monday through Friday, at EPA 

West, Room B102, 1301 Constitution 

Ave., NW., Washington, DC. The 

reference number for this docket is 

OAR–2003–0187. 

Electronic copies of this Notice and 

the accompanying Decision Document 

are available via the Internet on the 

Office of Transportation and Air Quality 

(OTAQ) Web site (http://www.epa.gov/

OTAQ). Users can find these documents 

by accessing the OTAQ Web site and 

looking at the path entitled, 

‘‘Chronological List of All OTAQ 

Regulations.’’ This service is free of 

charge, except for any cost you already 

incur for Internet connectivity. The 

electronic Federal Register version of 

the Notice is made available on the day 

of publication on the primary Web site 

(http://www.epa.gov/docs/fedrgstr/EPAAIR). 

Please note that due to differences 

between the software used to develop 

the documents and the software into 

which the documents may be 

downloaded, changes in format, page 

length, etc., may occur.

FOR FURTHER INFORMATION CONTACT:

David J. Dickinson, Certification and 

Compliance Division, U.S. 

Environmental Protection Agency, 1200 

Pennsylvania Avenue (6405J), NW., 

Washington, DC 20460. Telephone: 

(202) 343–9256. E-Mail address: 

Dickinson.David@EPA.GOV.

SUPPLEMENTARY INFORMATION: I have 

decided to grant California a waiver of 

Federal preemption pursuant to section 

209(b) of the Act for amendments to its 

motor vehicle pollution control program 

regarding emissions from off-cycle 

aggressive driving (US06) and airconditioning (SC03) as set forth at 13 

California Code of Regulations 1960.1, 

2062, and 2101 and the incorporated 

‘‘California Exhaust Emission Standards 

and Test Procedures for 1988 and 

Subsequent Model Year Passenger Cars, 

Light-Duty Trucks and Medium-Duty 

Vehicles,’’ ‘‘California New vehicle 

Compliance Test Procedure,’’ and 

‘‘California Assembly-Line Test 

Procedures for 1988 and Subsequent 

Model Year Passenger Cars, Light-Duty 

Trucks and Medium-Duty Vehicles.’’

Section 209(b) of the Act provides 

that, if certain criteria are met, the 

Administrator shall waive Federal 

preemption for California to enforce 

new motor vehicle emission standards 

and accompanying enforcement 

procedures. The criteria include 

consideration of whether California 

arbitrarily and capriciously determined 

that its standards are, in the aggregate, 

at least as protective of public health 

and welfare as the applicable Federal 

standards; whether California needs 

State standards to meet compelling and 

extraordinary conditions; and whether 

California’s amendments are consistent 

with section 202(a) of the Act. 

CARB determined that its off-cycle 

aggressive driving and air-conditioning 

usage standards and accompanying 

enforcement procedures do not cause 

California’s standards, in the aggregate, 

to be less protective of public health and 

welfare than the applicable Federal 

standards. EPA received no comments 

that questioned CARB’s determination. 

EPA cannot make a finding that CARB’s 

determination, that its requirements are, 

in the aggregate, at least as protective of 

public health and welfare, is arbitrary 

and capricious. 

CARB has continually demonstrated 

the existence of compelling and 

extraordinary conditions justifying the 

need for its own motor vehicle pollution 

control program, which includes the 

subject standards and procedures. No 

information has been submitted to 

demonstrate that California no longer 

has a compelling and extraordinary 

need for its own program. Therefore, I 

agree that California continues to have 

compelling and extraordinary 

conditions which require its own 

program, and, thus, I cannot deny the 

waiver on the basis of the lack of 

compelling and extraordinary 

conditions. 

CARB has submitted information that 

the requirements of its emission 

standards and test procedures are 

technologically feasible and present no 

inconsistency with federal requirements 

and are, therefore, consistent with 

section 202(a) of the Act. No 

information has been presented to 

demonstrate that CARB’s requirements 

are inconsistent with section 202(a) of 

the Act, nor does EPA have any other 

reason to believe that CARB’s 

requirements are inconsistent with 

section 202(a). Thus, I cannot find that 

California’s requirements will be 

inconsistent with section 202(a) of the 

Act. Accordingly, I hereby grant the 

waiver requested by California. 

My decision will affect not only 

persons in California but also the 

manufacturers outside the State who 

must comply with California’s 

requirements in order to produce motor 

vehicles for sale in California. For this 

reason, I hereby determine and find that 

this is a final action of national 

applicability. 

Under section 307(b)(1) of the Act, 

judicial review of this final action may 

be sought only in the United States 

Court of Appeal for the District of 

Columbia Circuit. Petitions for review 

must be filed by December 13, 2004. 

Under section 307(b)(2) of the Act, 

judicial review of this final action may 

not be obtained in subsequent 

enforcement proceedings. 

As with past waiver decisions, this 

action is not a rule as defined by 

Executive Order 12866. Therefore, it is 

60996 Federal Register / Vol. 69, No. 198 / Thursday, October 14, 2004 / Notices 

exempt from review by the Office of 

Management and Budget as required for 

rules and regulations by Executive 

Order 12866. 

In addition, this action is not a rule 

as defined in the Regulatory Flexibility 

Act, 5 U.S.C. 601(2). Therefore, EPA has 

not prepared a supporting regulatory 

flexibility analysis addressing the 

impact of this action on small business 

entities. 

Finally, the Administrator has 

delegated the authority to make 

determinations regarding waivers of 

Federal preemption under section 

209(b) of the Act to the Assistant 

Administrator for Air and Radiation.

Dated: September 30, 2004. 

Jeffrey R. Holmstead, 

Assistant Administrator, Office of Air and 

Radiation.

[FR Doc. 04–23035 Filed 10–13–04; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–7827–9] 

Science Advisory Board Staff Office; 

Notification of an Upcoming Meeting of 

the Ecological Effects Subcommittee 

of the Advisory Council on Clean Air 

Compliance Analysis

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Notice.

SUMMARY: The EPA Science Advisory 

Board (SAB) Staff Office announces a 

public meeting of the Ecological Effects 

Subcommittee (EES) of the Advisory 

Council on Clean Air Compliance 

Analysis (Council). The EES will 

discuss charge questions related to 

ecological issues as found in the Office 

of Air and Radiation’s Benefits and 

Costs of the Clean Air Act, Revised 

Analytic Plan for EPA’s Second 

Prospective Analysis, 1990–2020.

DATES: The public meeting of the 

Council EES will be held on November 

5, 2004 from 9 a.m. to 4 p.m. (Eastern 

time). The meeting will be held at the 

SAB Conference Center, 1025 F Street, 

NW., Suite 3700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Any 

member of the public wishing further 

information regarding the SAB or the 

Council EES may contact Dr. Holly 

Stallworth, Designated Federal Officer, 

at telephone/voice mail: (202) 343–9867 

or via e-mail at: 

stallworth.holly@epa.gov. General 

information about the SAB and the 

meeting location may be found on the 

SAB Web site at: www.epa.gov/sab.

SUPPLEMENTARY INFORMATION: 

Background 

EPA’s Office of Air and Radiation 

(OAR) conducts periodic, scientificallyreviewed studies to assess the costs and 

benefits of regulations promulgated 

under the Clean Air Act. The Council is 

an outside body of recognized experts 

charged with reviewing the data, 

methods and cost-benefit analyses 

conducted by OAR for implementing its 

programs. The EES is one of the 

Council’s three subcommittees. 

EPA has thus far issued one 

retrospective analysis of the Clean Air 

Act covering the 1970–1990 time period 

and one prospective analysis covering 

the 1990–2010 time period. EPA is 

planning a second prospective analysis 

covering the 1990–2020 time period and 

has issued two analytic blueprints for 

this analysis. The Council provided 

advice on these analytic blueprints in 

2001 and 2004, but deferred three 

charge questions pertaining to 

ecological effects to the EES. The 

Council’s reports may be found at: http:/

/www.epa.gov/sab/fiscal04.htm. OAR’s 

‘‘Section 812’’ reports are posted at: 

http://www.epa.gov/air/sect812/

index.html. Additional background on 

the Council and on the statutorily 

mandated analyses of the costs and 

benefits of Clean Air Act programs was 

provided in a Federal Register notice 

published on February 14, 2003 (68 FR 

7531–7534). 

The November 5, 2004 meeting will 

provide the Council EES an opportunity 

to address the Agency’s three charge 

questions pertaining to ecological issues 

and Clean Air Act regulations. These 

three charge questions (numbers 18–20) 

may be found at: http://www.epa.gov/

air/sect812/812chargequestions070303finalrevised.pdf. A meeting 

agenda will be posted on the SAB Web 

site prior to the meeting. 

Procedures for Providing Public 

Comments 

It is the policy of the EPA SAB to 

accept written public comments of any 

length, and to accommodate oral public 

comments whenever possible. The SAB 

Staff Office expects that public 

statements presented at the EES meeting 

will not be repetitive of previously 

submitted oral or written statements. 

Oral Comments: In general, each 

individual or group requesting an oral 

presentation at a face-to-face meeting 

will be limited to a total time of ten 

minutes (unless otherwise indicated). 

Interested parties should contact the 

DFO in writing (e-mail, fax or mail—see 

contact information above) by close of 

business October 29, 2004, in order to 

be placed on the public speaker list for 

the meeting. Speakers should bring at 

least 35 copies of their comments and 

presentation slides for distribution to 

the participants and public at the 

meeting. Written Comments: Although 

the SAB Staff Office accepts written 

comments until the date of the meeting 

(unless otherwise stated), written 

comments should be received in the 

SAB Staff Office at least seven business 

days prior to the meeting date so that 

the comments may be made available to 

the panel for their consideration. 

Comments should be supplied to the 

DFO at the address/contact information 

noted above in the following formats: 

one hard copy with original signature, 

and one electronic copy via e-mail 

(acceptable file format: Adobe Acrobat, 

WordPerfect, Word, or Rich Text files in 

IBM–PC/Windows 98/2000/XP format). 

Those providing written comments and 

who attend the meeting are also asked 

to bring 35 copies of their comments for 

public distribution. 

Meeting Accommodations 

Individuals requiring special 

accommodation to access the public 

meetings listed above should contact the 

DFO at least five business days prior to 

the meeting so that appropriate 

arrangements can be made.

Dated: October 7, 2004. 

Vanessa T. Vu, 

Director, EPA Science Advisory Board Staff 

Office.

[FR Doc. 04–23036 Filed 10–13–04; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–7827–8] 

Science Advisory Board Staff Office; 

Notification of Advisory Meeting of the 

Science Advisory Board Illegal 

Competitive Advantage Economic 

Benefit Advisory Panel

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Notice.

SUMMARY: The Science Advisory Board 

(SAB) Illegal Competitive Advantage 

(ICA) Economic Benefit (EB) Advisory 

Panel will hold a public teleconference 

to finalize its draft advisory report to the 

Agency on economic methods related to 

assessing economic benefits attributed 

to non-compliance with EPA 

regulations.

DATES: The SAB ICA EB Advisory Panel 

will meet on November 4, 2004, via