Federal Register / Vol. 75, No. 215 / Monday, November 8, 2010 / Rules and Regulations 68467 

TABLE 1 OF § 1065.915—RECOMMENDED MINIMUM PEMS MEASUREMENT INSTRUMENT PERFORMANCE—Continued 

Measurement 

Measured 

quantity symbol 

Rise time, 

t10–90, and 

Fall time, 

t90–10

Recording 

update 

frequency 

Accuracy 1 Repeatability 1 Noise 1

General temperature sensor 

(not a part of another instrument).

T .................. 5 s ............... 1 Hz ............ 1.0% of pt. K or 5 K .......... 0.5% of pt. K 

or 2 K.

0.5% of max 0.5 K. 

General dewpoint sensor ...... Tdew ............. 50 s ............. 0.1 Hz .......... 3 K ..................................... 1 K ............... 1 K. 

Exhaust flow meter ................ n ̇ .................. 1 s ............... 1 Hz means 5.0% of pt. or 3.0% of max 2.0% of pt .... 2.0% of max. 

Dilution air, inlet air, exhaust, 

and sample flow meters.

n ̇ .................. 1 s ............... 1 Hz means 2.5% of pt. or 1.5% of max 1.25% of pt. 

or 0.75% 

of max.

1.0% of max. 

Continuous gas analyzer ....... x .................. 5 s ............... 1 Hz ............ 4.0% of pt. or 4.0% of 

meas.

2.0% of pt. or 

2.0% of 

meas.

1.0% of max. 

Gravimetric PM balance ........ mPM ............. N/A .............. N/A .............. See § 1065.790 ................. 0.5 μg .......... N/A. 

Inertial PM balance ............... mPM ............. N/A .............. N/A .............. 4.0% of pt. or 4.0% of 

meas.

2.0% of pt. or 

2.0% of 

meas.

1.0% of max. 

1Accuracy, repeatability, and noise are all determined with the same collected data, as described in § 1065.305, and based on absolute values. ‘‘pt.’’ refers to the overall flow-weighted mean value expected at the standard; ‘‘max.’’ refers to the peak value expected at the standard over 

any test interval, not the maximum of the instrument’s range; ‘‘meas’’ refers to the actual flow-weighted mean measured over any test interval. 

* * * * * 

(d) * * * 

(5) ECM signals for determining 

brake-specific emissions. You may use 

any combination of ECM signals, with 

or without other measurements, to 

estimate engine speed, torque, brakespecific fuel consumption (BSFC, in 

units of mass of fuel per kW-hr), and 

fuel rate for use in brake-specific 

emission calculations. We recommend 

that the overall performance of any 

speed, torque, or BSFC estimator should 

meet the performance specifications in 

Table 1 of this section. We recommend 

using one of the following methods: 

* * * * * 

(iv) ECM fuel rate. Use the fuel rate 

signal directly from the ECM and 

chemical balance to determine the 

molar flow rate of exhaust. Use 

§ 1065.655(d) to determine the carbon 

mass fraction of fuel. You may 

alternatively develop and use your own 

combination of ECM signals to 

determine fuel mass flow rate. 

(v) Other ECM signals. You may ask 

to use other ECM signals for 

determining brake-specific emissions, 

such as ECM air flow. We must approve 

the use of such signals in advance. 

* * * * * 

■ 39. Section 1065.920 is amended by 

revising the section heading and 

paragraph (a) to read as follows: 

§ 1065.920 PEMS calibrations and 

verifications. 

(a) Subsystem calibrations and 

verifications. Use all the applicable 

calibrations and verifications in subpart 

D of this part, including the linearity 

verifications in § 1065.307, to calibrate 

and verify PEMS. Note that a PEMS 

does not have to meet the systemresponse and updating-recording 

verifications of § 1065.308 and 

§ 1065.309 if it meets the overall 

verification described in paragraph (b) 

of this section. This section does not 

apply to ECM signals. 

* * * * * 

■ 40. Section 1065.925 is amended by 

revising paragraph (h) introductory text 

to read as follows: 

§ 1065.925 PEMS preparation for field 

testing. 

* * * * * 

(h) Verify the amount of 

contamination in the PEMS HC 

sampling system before the start of the 

field test as follows: 

* * * * * 

■ 41. Section 1065.940 is revised to read 

as follows: 

§ 1065.940 Emission calculations. 

(a) Perform emission calculations as 

described in § 1065.650 to calculate 

brake-specific emissions for each test 

interval using any applicable 

information and instructions in the 

standard-setting part. 

(b) You may use a fixed molar mass 

for the diluted exhaust mixture for field 

testing. Determine this fixed value by 

engineering analysis. 

[FR Doc. 2010–27892 Filed 11–5–10; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

49 CFR Part 39 

[Docket OST–2007–26829] 

RIN 2105–AB87 

Transportation for Individuals With 

Disabilities: Passenger Vessels 

AGENCY: Department of Transportation, 

Office of the Secretary. 

ACTION: Response to comments; stay of 

effective date. 

SUMMARY: On July 6, 2010, the 

Department of Transportation issued a 

new Americans with Disabilities Act 

(ADA) final rule to ensure 

nondiscrimination on the basis of 

disability by passenger vessel operators 

(PVOs). The final rule requested 

comment on three issues: Service 

animals, mobility devices, and the 

consistency of the rule with recent 

Department of Justice ADA rules. This 

document responds to those comments 

and makes certain adjustments in 

effective dates for the final rule. 

DATES: 49 CFR 39.39 is stayed effective 

from November 8, 2010 through January 

3, 2012; the remainder of 49 CFR part 

39 is stayed effective from November 8, 

2010 through January 3, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Robert C. Ashby, Deputy Assistant 

General Counsel for Regulation and 

Enforcement, Department of 

Transportation, 1200 New Jersey 

Avenue, SE., Room W94–302, 

Washington, DC 20590. (202) 366–9310 

(voice); (202) 366–7687 (TDD); 

bob.ashby@dot.gov (e-mail). 


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68468 Federal Register / Vol. 75, No. 215 / Monday, November 8, 2010 / Rules and Regulations 

SUPPLEMENTARY INFORMATION: After a 

lengthy, open, and inclusive rulemaking 

process including an advance notice of 

proposed rulemaking (ANPRM), a notice 

of proposed rulemaking (NPRM), public 

meetings, and consultation with the 

Access Board and the Department of 

Justice (DOJ), the Department of 

Transportation issued a final rule (49 

CFR part 39) applying the ADA to the 

policies and practices of passenger 

vessel operators (PVOs). The rule was 

issued on July 6, 2010 (75 FR 38878) 

with an effective date of November 3, 

2010. The final rule included a request 

for comment on three issues: service 

animals, mobility aids, and the general 

consistency of Part 39 with recent DOJ 

rules under Titles II and III of the ADA. 

The Department worked closely with 

DOJ to ensure that part 39, as published, 

is fully consistent with DOJ ADA rules. 

The question raised in the request for 

comments was whether it would be 

appropriate for the Department to make 

changes to the rule that could differ 

from the DOJ rules in some respects. 

The Department received over 30 

comments. About two-thirds of these 

were from advocates of psychiatric 

service animals (PSAs). They supported 

considering such animals to be service 

animals and opposed permitting 

emotional service animals (ESAs) to be 

considered as service animals. Two 

disability organizations supported the 

use of ESAs on ships and urged the 

Department to permit them to travel 

with their users. The Department is not 

making any changes in its rules in 

response to these comments. Part 39’s 

existing definition of service animals 

encompasses PSAs. The preamble to the 

final rule made clear that ESAs, 

consistent with DOJ rules, are not 

considered to be service animals that 

PVOs are required to accommodate, 

though the Department said that it is a 

good idea for PVOs to accept ESAs. 

Two organizations representing PVOs 

commented on the rule. Both urged that 

the Department’s rules be consistent 

with those of DOJ. DOT regards its 

existing rules as being consistent with 

those of DOJ, in general as well as with 

respect to particular matters such as 

service animals and mobility aids. The 

Department is not making any 

substantive changes to its rules, which 

consequently will remain consistent 

with those of DOJ. 

One of these organizations pointed 

out that the DOJ ADA rules become 

effective in six months rather than four, 

and that a DOJ provision on hotel 

reservations had an 18-month effective 

date. It asked that DOT change its 

effective dates to be consistent with 

these DOJ dates. The Department 

believes that these requests are 

reasonable. Consequently, we are 

changing the effective date for most 

provisions of the rule from November 3, 

2010, to January 3, 2011. In addition to 

being consistent with the DOJ time 

frame, this extension will permit more 

time for the Department to work on 

guidance and interpretations that will 

assist regulated parties and the public to 

implement the new rules smoothly. We 

will also extend the effective date for 

the cabin reservations section of the rule 

to January 3, 2012. In addition to being 

consistent with the DOJ time frame for 

hotel reservations, this extension will 

provide additional time for PVOs to 

make necessary changes to their 

computer systems to carry out the 

regulatory requirements. 

Some commenters made comments 

outside the scope of the Department’s 

request for comment. One of the PVO 

organizations expressed its 

disagreement with various provisions of 

the final rule and sought clarification of 

others. Other comments asked for 

clarifications on some issues, such as 

where complaints should be sent or 

coverage of coastwise vessels carrying 

passengers not for hire. We will not 

respond to those comments here, since 

they are beyond the scope of the 

Department’s request for comments, but 

we would note that, in the normal 

course of business, the Department 

regularly provides interpretations of or 

guidance concerning new regulatory 

provisions. We will do so in the case of 

Part 39 where necessary and 

appropriate. 

Regulatory Process Matters 

This stay of effective dates relates to 

an underlying final rule that was 

significant for purposes of Executive 

Order 12886 and the Department’s 

Regulatory Policies and Procedures. 

However, this notice makes no changes 

in the text of the final regulation, and 

the changes to the effective date of the 

rule are not themselves significant. 

These changes do not impose any 

additional costs or burdens on any 

regulated parties, and they provide 

regulated entities, including small 

entities, additional time to comply with 

the regulations. For this reason, the 

Department certifies that these changes 

to the effective dates do not impose 

significant economic effects on a 

substantial number of small entities. 

Issued at Washington, DC, November 2, 

2010. 

Ray LaHood, 

Secretary of Transportation. 

[FR Doc. 2010–28236 Filed 11–5–10; 8:45 am] 

BILLING CODE 4910–9X–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 229 

[Docket No. 100216088–0454–02] 

RIN 0648–AY69 

List of Fisheries for 2011 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: The National Marine 

Fisheries Service (NMFS) publishes its 

final List of Fisheries (LOF) for 2011, as 

required by the Marine Mammal 

Protection Act (MMPA). The final LOF 

for 2011 reflects new information on 

interactions between commercial 

fisheries and marine mammals. NMFS 

must classify each commercial fishery 

on the LOF into one of three categories 

under the MMPA based upon the level 

of serious injury and mortality of marine 

mammals that occurs incidental to each 

fishery. The classification of a fishery on 

the LOF determines whether 

participants in that fishery are subject to 

certain provisions of the MMPA, such as 

registration, observer coverage, and take 

reduction plan requirements. 

DATES: This final rule is effective 

January 1, 2011. 

ADDRESSES: See SUPPLEMENTARY

INFORMATION for a listing of all Regional 

Offices. Comments regarding the 

burden-hour estimates, or any other 

aspect of the collection of information 

requirements contained in this final 

rule, should be submitted in writing to 

Chief, Marine Mammal and Sea Turtle 

Conservation Division, Office of 

Protected Resources, NMFS, 1315 EastWest Highway, Silver Spring, MD 

20910, or to Nathan Frey, OMB, by fax 

to 202–395–7285 or by e-mail to 

Nathan_Frey@omb.eop.gov. 

FOR FURTHER INFORMATION CONTACT: 

Melissa Andersen, Office of Protected 

Resources, 301–713–2322; David 

Gouveia, Northeast Region, 978–281– 

9280; Laura Engleby, Southeast Region, 

727–551–5791; Elizabeth Petras, 

Southwest Region, 562–980–3238; Brent 

Norberg, Northwest Region, 206–526– 

6733; Bridget Mansfield, Alaska Region, 

907–586–7642; Lisa Van Atta, Pacific 

Islands Region, 808–944–2257. 

Individuals who use a 

telecommunications device for the 

hearing impaired may call the Federal 

Information Relay Service at 1–800– 


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