Federal Register / Vol. 65, No. 34 / Friday, February 18, 2000 / Rules and Regulations 8275

List of Substances Limitations

*******

2-Acrylamido-2-methyl-propanesulfonic acid, homopolymer, sodium salt

(CAS Reg. No. 35641–59–9).

For use only in coatings at a level not to exceed 0.01 mg/in2

*******

* * * * *

Dated: February 8, 2000.

Margaret M. Dotzel,

Acting Associate Commissioner for Policy.

[FR Doc. 00–3805 Filed 2–17–00; 8:45 am]

BILLING CODE 4160–01–F

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 86

[FRL–6523–7]

Amendments to the Test Procedures

for Heavy-Duty Engines, and LightDuty Vehicles and Trucks and

Amendments to the Emission Standard

Provisions for Gaseous Fueled

Vehicles and Engines

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: On September 5, 1997 EPA

promulgated a direct final rulemaking

that amended several sections of the

heavy-duty engine test procedure

regulations. EPA also published a notice

of proposed rulemaking proposing the

same amendments. EPA noted that if

adverse comments were received

regarding any provisions, EPA would

withdraw those provisions and

comments would be addressed in a later

final rule based on the proposed rule.

Due to adverse comments that were

received regarding three provisions,

EPA issued a final rule on May 4, 1998

withdrawing those three provisions and

indicated that they would be addressed

in a separate action. Today, EPA is

finalizing those three provisions with

amendments, after taking into

consideration comments received

during the comment period and further

discussions with heavy-duty engine and

light-duty vehicle manufacturers.

EFFECTIVE DATE: March 20, 2000.

ADDRESSES: Materials relevant to this

rulemaking are contained in Docket No.

A–96–07, and are available for public

inspection and photocopying between 8

a.m. and 5:30 p.m. Monday through

Friday. EPA may charge a reasonable fee

for copying docket materials.

FOR FURTHER INFORMATION CONTACT:

Chuck Moulis, U.S. EPA, Engine

Programs and Compliance Division,

2000 Traverwood Dr, Ann Arbor, MI

48105. Telephone 734–214–4826.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Regulatory Revisions

II. Administrative Designation and

Regulatory Analysis

III. Regulatory Flexibility

IV. Unfunded Mandates

V. Paperwork Reduction Act

VI. Submission to Congress and the General

Accounting Office

VII. Federalism

VIII. Consultation and Coordination With

Indian Tribal Governments

IX. Protection of Children

X. National Technology Transfer and

Advancement Act

XI. Copies of Rulemaking Documents

I. Regulatory Revisions

On September 5, 1997, EPA published

a direct final rule (62 FR 47114) and

accompanying notice of proposed rule

(62 FR 46937) making amendments to

the test procedures for heavy-duty

engines and light duty vehicles and

trucks. Although EPA believed that the

action was non-controversial, adverse

comments were received from the

Engine Manufacturers Association

(EMA) and from the American

Automobile Manufacturers Association

(AAMA). As a result of receiving the

adverse comments, EPA published a

final rule (63 FR 24446) on May 4, 1998

that withdrew the three provisions on

which adverse comments were received.

After taking into consideration EMA

and AAMA’s comments and also

discussing the issues and options,

today’s action addresses the three

provisions. The paragraphs below

describe the comments received for each

issue, followed by EPA’s response.

a. Cycle Verification at Idle Conditions

Both of the comments received by

EPA referred to changes made to

§ 86.1333–90. In § 86.1333–90 EPA

provided a new requirement for cycle

verification at idle conditions. The new

requirement stated that for idle

segments that are seven seconds or

longer, the average feedback torque

must fall within ±10 ft-lb of the Curb

Idle Transmission Torque (CITT). Both

EMA and AAMA commented that

current dynamometer systems utilized

might not be capable of controlling

torque to this specification and thus the

time period might have to be lengthened

or modifications made to dynamometer

control systems. Both EMA and AAMA

recommended to change the idle

segment specification from seven to ten

seconds. According to EMA and AAMA,

such change would not impact

emissions and would allow

manufacturers to comply with the CITT

requirements without having to make

extensive modifications to engine

dynamometers control systems.

EPA agrees that making modifications

to engine dynamometer systems to meet

the proposed CITT requirements would

be not only burdensome but also very

costly. Furthermore, EPA agrees that

increasing the idle segment length

specification from seven to ten seconds

will not impact emissions. Thus, EPA

agrees with EMA and AAMA’s

recommendation and the final rule will

apply the CITT requirement to segments

of ten seconds or longer.

b. Critical Flow Venturi

In the September 5, 1997 final rule (62

FR 47114) EPA revised sections 86.119–

90, 86.1319–84 and 86.1319–90 to

require manufacturers to verify that the

critical flow venturi is achieving critical

flow when using a CFV–CVS sampling

system during the emissions test. Both

EMA and AAMA commented that, even

though they agree with the technical

merits of such requirement, more lead

time would be needed to make the

software and hardware changes

necessary. Thus EMA and AAMA

recommended that, in order to provide

sufficient time for the implementation

of this new requirement, that EPA

provides an 18 month lead time.

EPA recognizes that this new

requirement will require software

changes to current testing facilities and

that more lead time would be needed to

ensure that all the manufacturer’s

testing facilities comply at the same

8276 Federal Register / Vol. 65, No. 34 / Friday, February 18, 2000 / Rules and Regulations

time. Thus, EPA will not require that

this provision be met until August 20,

2001 to allow manufacturers to make

the software and hardware changes

needed for compliance. EPA is not

finalizing the change to § 86.1319–84

because this section is not applicable to

future model years.

c. Light-duty Diesel Cetane Number

Specifications

On August 21, 1990 (55 FR 34120),

EPA promulgated a final rule that

established new requirements related to

the quality of diesel fuel. As part of that

rule EPA changed the cetane number

specification to 40–48 and established a

cetane index specification of 40–48. In

the 1994 Gaseous Fuels Rule (59 FR

48472), modifications to the section

specifying certification fuel parameters

for light-duty vehicles and trucks

resulted in inadvertent changes to the

cetane number specifications from 40–

48 to 42–50. In the September 5, 1997

notice, EPA proposed to correct the

light-duty diesel fuel cetane

specifications contained in section

86.113–94. In its comments, AAMA

expressed concern that proposed

correction would not provide sufficient

lead time for manufacturers to comply.

In addition, they stated that since diesel

hydrocarbon emissions are sensitive to

cetane levels, changing the cetane level

of the test fuel could cause in-use

compliance issues in the future. EMA

and AAMA recommended EPA to keep

the current 42–50 cetane specification

for light-duty certification fuel.

EPA continues to believe that the

current cetane number specification of

42–50 is not correct since it does not

include fuels with cetane numbers/

indices in the range of 40 to 42. Such

fuels represent a significant portion of

in-use fuels, and should be included as

potential test fuels. EPA believes that it

is necessary to change the specifications

to include this lower range. However,

EPA has analyzed the most recently

available data for in-use fuels and has

determined that fuels with cetane

numbers/indices in the range of 48 to 50

are also representative of in-use fuels.

As a result, EPA is finalizing a broad

specification that includes both fuels

with cetane numbers/indices in the

range of 40 to 42 and fuels with cetane

numbers/indices in the range of 48 to

50. EPA is applying this broad

specification to both light-duty and

heavy-duty fuels.

II. Administrative Designation and

Regulatory Analysis

Under Executive Order 12866, the

Agency must determine whether this

regulatory action is ‘‘significant and

therefore subject to Office of

Management and Budget (OMB) review

and the requirements of the Executive

Order. The Order defines ‘‘significant’’

regulatory action as one that is likely to

result in a rule that may:

(1) have an annual effect on the

economy of $100 million or more or

adversely affect in a material way the

economy, a sector of the economy,

productivity, competition, jobs, the

environment, public health or safety, or

State, local or tribal governments or

communities;

(2) Create a serious inconsistency or

otherwise interfere with an action taken

or planned by another agency;

(3) Materially alter the budgetary

impact of entitlements, grants, user fees,

or loan programs or the rights and

obligations of recipients thereof; or

(4) Raise novel legal or policy issues

arising out of legal mandates, the

President’s priorities, or the principles

set forth in the Executive Order.

Pursuant to the terms of Executive

Order 12866, EPA has determined that

this action is not a ‘‘significant’’

regulatory action within the meaning of

the Executive Order an is therefore not

subject to OMB review.

III. Regulatory Flexibility

EPA has determined that it is not

necessary to prepare a regulatory

flexibility analysis in connection with

this final rule. In support of its proposed

rule entitled Control of Emissions of Air

Pollution from Highway Heavy-Duty

Engines (61 FR 33421, June 27, 1996),

EPA characterized the heavy-duty

engine manufacturing industry in

Chapter 3 of its Regulatory Impact

Analysis (RIA). Based on that

characterization, EPA has determined

that this action will not have a

significant impact on a substantial

number of small entities.

IV. Unfunded Mandates

Under section 202 of the Unfunded

Mandates Reform Act of 1995

(‘‘Unfunded Mandates Act’’), signed

into law on March 22, 1995, EPA must

prepare a written statement to

accompany any rule where the

estimated costs to State, local, or tribal

governments, or to the private sector

will be $100 million or more in any one

year. Under section 205, EPA must

select the most cost-effective and least

burdensome alternative that achieves

the objective of the rule and that is

consistent with statutory requirements.

Section 203 requires EPA to establish a

plan for informing and advising any

small governments that may be

significantly and uniquely impacted by

the rule. EPA has determined that the

costs to State, local, or tribal

governments, or the private sector, from

this rule will be less than $100 million.

V. Paperwork Reduction Act

The technical amendments

promulgated by this action do not create

or change the information collection

burden under the provisions of the

Paperwork Reduction Act, 44 U.S.C.

3501 et seq. The Office of Management

and Budget (OMB) has previously

approved the information collection

requirements already contained in all

the Part 86 sections amended by this

action and has assigned OMB control

numbers 2060–0104 and 2060–0064.

VI. Submission to Congress and the

General Accounting Office

The Congressional Review Act, 5

U.S.C. 801 et seq., as added by the Small

Business Regulatory Enforcement

Fairness Act of 1996, generally provides

that before a rule may take effect, the

agency promulgating the rule must

submit a report which includes a copy

of the rule, to each House of Congress

and to the Comptroller General of the

United States. EPA will submit a report

containing this rule and other required

information to the U.S. Senate, the U.S.

House of Representatives and the

Comptroller General of the General

Accounting Office prior to publication

of this rule in the Federal Register. This

rule is not a ‘‘major rule’’ as defined by

5 U.S.C. 804(2).

VII. Federalism

Executive Order 13132, entitled

‘‘Federalism’’ (64 FR 43255, August 10,

1999), requires EPA to develop an

accountable process to ensure

‘‘meaningful and timely input by State

and local officials in the development of

regulatory policies that have federalism

implications.’’ ‘‘Policies that have

federalism implications’’ is defined in

the Executive Order to include

regulations that 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.’’

Under Section 6 of Executive Order

13132, EPA may not issue a regulation

that has federalism implications, that

imposes substantial direct compliance

costs, and that is not required by statute,

unless the Federal government provides

the funds necessary to pay the direct

compliance costs incurred by State and

local governments, or EPA consults with

State and local officials early in the

process of developing the proposed

regulation. EPA also may not issue a

regulation that has federalism

Federal Register / Vol. 65, No. 34 / Friday, February 18, 2000 / Rules and Regulations 8277

implications and that preempts State

law, unless the Agency consults with

State and local officials early in the

process of developing the proposed

regulation.

This final rule does not have

federalism implications. It will not have

substantial direct effects on the States,

on the relationship between the national

government and the States, or on the

distribution of power and

responsibilities among the various

levels of government, as specified in

Executive Order 13132. This rule only

revises the emissions testing

requirements that are part of EPA’s

existing regulation of new motor

vehicles and new motor vehicle engines

and only affects the manufacturers of

such vehicles and engines. Thus, the

requirements of section 6 of the

Executive Order do not apply to this

rule.

VIII. Consultation and Coordination

With Indian Tribal Governments

Under Executive Order 13084, EPA

may not issue a regulation that is not

required by statute, that significantly or

uniquely affects the communities of

Indian tribal governments, and that

imposes substantial direct compliance

costs on those communities, unless the

Federal government provides the funds

necessary to pay the direct compliance

costs incurred by the tribal

governments, or EPA consults with

those governments. If EPA complies by

consulting, Executive Order 13084

requires EPA to provide to the Office of

Management and Budget, in a separately

identified section of the preamble to the

rule, a description of the extent of EPA’s

prior consultation with representatives

of affected tribal governments, a

summary of the nature of their concerns,

and a statement supporting the need to

issue the regulation. In addition,

Executive Order 13084 requires EPA to

develop an effective process permitting

elected officials and other

representatives of Indian tribal

governments ‘‘to provide meaningful

and timely input in the development of

regulatory policies on matters that

significantly or uniquely affect their

communities.’’

Today’s rule does not significantly or

uniquely affect the communities of

Indian tribal governments. Accordingly,

the requirements of section 3(b) of

Executive Order 13084 do not apply to

this rule.

IX. Protection of Children

Executive Order 13045, entitled

‘‘Protection of Children from

Environmental Health Risks and Safety

Risks’’ (62FR19885, April 23, 1997)

applies to any rule that: (1) is

determined to be ‘‘economically

significant’’ as defined under Executive

Order 12866, and (2) concerns an

environmental health or safety risk that

EPA has reason to believe may have a

disproportionate effect on children. If

the regulatory action meets both criteria,

the Agency must evaluate the

environmental health or safety effects of

the planned rule on children, and

explain why the planned regulation is

preferable to other potentially effective

and reasonably feasible alternatives

considered by the Agency.

EPA interprets Executive Order 13045

as applying only to those regulatory

actions that are based on health or safety

risks, such that the analysis required

under section 5–501 of the Order has

the potential to influence the regulation.

This rule is not subject to Executive

Order 13045 because it does not

establish an environmental standard

intended to mitigate health or safety

risks.

X. National Technology Transfer and

Advancement Act

Section 12(d) of the National

Technology Transfer and Advancement

Act of 1995 (‘‘NTTAA’’), Public Law.

104–113, section 12(d) (15 U.S.C. 272

note) directs EPA to use voluntary

consensus standards in its regulatory

activities unless doing so would be

inconsistent with applicable law or

otherwise impractical. Voluntary

consensus standards are technical

standards (e.g., materials specifications,

test methods, sampling procedures, and

business practices) that are developed or

adopted by voluntary consensus

standards bodies. The NTTAA directs

EPA to provide Congress, through OMB,

explanations when the Agency decides

not to use available and applicable

voluntary consensus standards.

EPA has continued to incorporate

ASTM test methods in this rule. EPA is

not aware of any voluntary consensus

standards which are inconsistent with

the regulations promulgated in this rule.

XI. Copies of Rulemaking Documents

Electronic copies of the preamble and

the regulatory text of this rule are

available via the Internet on the Office

of Mobile Sources (OMS) Home Page

(http://www.epa.gov/oms). This service

is free of charge, except for any cost you

already incur for Internet connectivity.

The official Federal Register version is

made available on the day of

publication on the primary Web site

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

EPA–AIR/).

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.

List of Subjects in 40 CFR Part 86

Environmental protection,

Administrative practice and procedure,

Confidential business information,

Labeling, Motor vehicle pollution,

Reporting and recordkeeping

requirements.

Dated: January 10, 2000.

Carol M Browner,

Administrator.

For the reasons set forth in the

preamble, part 86 of chapter I of title 40

of the Code of Federal Regulations is

amended as follows:

PART 86—CONTROL OF EMISSIONS

FROM NEW AND IN—USE HIGHWAY

VEHICLES AND ENGINES

1. The authority citation for part 86

continues to read as follows:

Authority: 42 U.S.C. 7401–7671q.

Subpart B—[Amended]

2. Section 86.113–94 is amended by

revising the table in paragraph (b)(2) to

read as follows:

§ 86.113–94 Fuel specifications.

* * * * *

(b) * * *

(2) * * *

Item ASTM test

method No. Type 2–D

Cetane number ................................................................................................................... D 613 40–50

Cetane index ....................................................................................................................... D 976 40–50

Distillation range:

IBP ................................................................................................................................... °F D 86 340–400

(°C) (171.1–204.4)

10 pct. point .................................................................................................................... °F D 86 400–460

8278 Federal Register / Vol. 65, No. 34 / Friday, February 18, 2000 / Rules and Regulations

Item ASTM test

method No. Type 2–D

(°C) (204.4–237.8)

50 pct. point .................................................................................................................... °F D 86 470–540

(°C) (243.3–282.2)

90 pct. point .................................................................................................................... °F D 86 560–630

(°C) (293.3–332.2)

EP .................................................................................................................................... °F D 86 610–690

(°C) (321.1–365.6)

Gravity ................................................................................................................................. °API D 287 32–37

Total sulfur .......................................................................................................................... pct. D 2622 0.03–0.05

Hydrocarbon composition:

Aromatics, minimum ........................................................................................................ pct. D 1319 27

Paraffins, Naphthenes, Olefins ....................................................................................... D 1319 1

Flashpoint, min. .................................................................................................................. °F D 93 130

(°C) (54.4)

Viscosity .............................................................................................................................. centistokes D 445 2.0–3.2

[1] Remainder.

* * * * *

3. Section 86.119–90 is amended by

revising paragraph (b)(3) and adding

paragraph (b)(8) to read as follows:

§ 86.119–90 CVS calibration.

* * * * *

(b) * * *

(3) Measurements necessary for flow

calibration are as follows:

CALIBRATION DATA MEASUREMENTS

Parameter Symbol Units Tolerances

Barometric pressure (corrected) .................................... Pb ........................................ Inches Hg (kPa) ................ ±.01 in Hg (±.034 kPa)

Air temperature, flowmeter ............................................ ETI ...................................... °F (°C) ............................... ±.25°F (±.14°C)

Pressure depression upstream of LFE .......................... EPI ...................................... Inches H2O (kPa) .............. ±.05 in H2O (±.012 kPa)

Pressure drop across LFE matrix .................................. EDP .................................... Inches H2O (kPa) .............. ±.005 in H2O (±.001 kPa)

Air flow ........................................................................... Qs ........................................ Ft3/min. (m3/min,) .............. ±.5 pct

CFV inlet depression ..................................................... PPI ...................................... Inches fluid (kPa) .............. ±.13 in fluid (±.055 kPa)

CFV outlet pressure ....................................................... PPO .................................... Inches Hg (kPa) ................ ±0.05 in. Hg (±0.17 kPa)1

Temperature at venturi inlet ........................................... Tv ........................................ °F (°C) ............................... ±0.5°F (±0.28°C)

Specific gravity of manometer fluid (1.75 oil) ................ Sp. Gr ................................. ............................................

1 Requirement begins August 20, 2001.

* * * * *

(8) Calculation of a parameter for

monitoring sonic flow in the CFV

during exhaust emissions tests:

(i) Option 1. (A) CFV pressure ratio.

Based upon the calibration data selected

to meet the criteria for paragraphs (d)(7)

(iv) and (v) of this section, in which Kv

is constant, select the data values

associated with the calibration point

with the lowest absolute venturi inlet

pressure. With this set of calibration

data, calculated the following CFV

pressure ratio limit, Prratio-lim:

Prratio

Pout -lim

-cal

Pin-cal

=

Where:

Pin-cal = Venturi inlet pressure (PPI in

absolute pressure units), and

Pout-cal = Venturi outlet pressure (PPO in

absolute pressure units), measured at

the exit of the venturi diffuser outlet.

(B) The venturi pressure ratio (Prratio-i)

during all emissions tests must be less

than, or equal to, the calibration

pressure ratio limit (Prratio-lim) derived

from the CFV calibration data, such that:

Pout ratio ratio

-i

in-i

-i - P

= ≤ Pr Pr lim

Where:

Pin-i and Pout-i are the venturi inlet and

outlet pressures, in absolute pressure

units, at each i-th interval during the

emissions test.

(ii) Option 2. Other methods: With

prior Administrator approval, any other

method may be used that assure that the

venturi operates at sonic conditions

during emissions tests, provided the

method is based upon sound

engineering principles.

* * * * *

Subpart N—[Amended]

4. Section 86.1313–98 is amended by

revising Table N98–2 in paragraph (b)(2)

to read as follows:

§ 86.1313–98 Fuel specifications.

* * * * *

(b)(2) * * *

TABLE.—N 98–2

Item ASTM test

method No. Type 1–D Type 2–D

Cetane Number .................................................................................. D 613 40–54 40–50

Cetane Index ...................................................................................... D 976 40–54 40–50

Distillation range:

IBP .................................................................................................. °F D 86 330–390 340–400

Federal Register / Vol. 65, No. 34 / Friday, February 18, 2000 / Rules and Regulations 8279

TABLE.—N 98–2—Continued

Item ASTM test

method No. Type 1–D Type 2–D

(°C) (165.6–198.9) (171.1–204.4)

10 pct. point .................................................................................... °F D 86 370–430 400–460

(°C) (187.8–221.1) (204.4–237.8)

50 pct. point .................................................................................... °F D 86 410–480 470–540

(°C) (210.0–248.9) (243.3–282.2)

90 pct. point .................................................................................... °F D 86 460–520 560–630

(°C) (237.8–271–1) (293.3–332.2)

EP ................................................................................................... °F D 86 500–560 610–690

(°C) (260.0–293.3) (321.1–365.6)

Gravity ................................................................................................ °API D 287 40–44 32–37

Total sulfur ......................................................................................... pct. D 2622 0.03–0.05 0.03–0.05

Hydrocarbon composition:

Aromatics, minimum ....................................................................... pct. D 5186 8 27

Paraffins, Naphthenes, Olefins ...................................................... D 1319 1 1

Flashpoint, min. .................................................................................. °F D 93 120 130

(°C) (48.9) (54.4)

Viscosity ............................................................................................. centistokes D 445 1.6–2.0 2.0–3.2

1 Remainder.

* * * * *

5. Section 86.1319–90 is amended by

revising paragraph (d)(3) and adding

paragraph (d)(8) to read as follows:

§ 86.1319–90 CVS calibration.

* * * * *

(d) * * *

(3) Measurements necessary for flow

calibration are as follows:

CALIBRATION DATA MEASUREMENTS

Parameter Symbol Units Sensor-readout tolerances

Barometric pressure (corrected) ................................................ Pb in Hg (kPa) .............................. ±.01 in Hg (±.034 kPa).

Air temperature, into flowmeter ................................................. ETI °F (°C) ..................................... ±0.5 °F (±.28 °C).

Pressure drop between the inlet and throat of metering venturi EDP Inches H2O (kPa) .................... ±0.05 in H2O (±.012 kPa).

Air flow ....................................................................................... Qs Ft3/min. (m3/min) ..................... ±.5 % of NBS ‘‘true’’ value.

CFV inlet depression ................................................................. PPI Inches fluid (kPa) .................... ±.13 in fluid (±.055 kPa).

CFV outlet pressure ................................................................... PPO Inches Hg (kPa) ...................... ±.05 in Hg (±.17 kPa) 1.

Temperature at venturi inlet ....................................................... Tv °F (°C) ..................................... ±4.0 °F (±2.22 °C).

Specific gravity of manometer fluid (1.75 oil) ............................ Sp. Gr

1 Requirement begins August 20, 2001.

* * * * *

(8) Calculation of a parameter for

monitoring sonic flow in the CFV

during exhaust emissions tests:

(i) Option 1. (A) CFV pressure ratio.

Based upon the calibration data selected

to meet the criteria for paragraphs

(d)(7)(iv) and (v) of this section, in

which Kv is constant, select the data

values associated with the calibration

point with the lowest absolute venturi

inlet pressure. With this set of

calibration data, calculated the

following CFV pressure ratio limit,

Prratio-lim:

Prratio

Pout -lim

-cal

Pin-cal

=

Where:

Pin-cal = Venturi inlet pressure (PPI in

absolute pressure units), and

Pout-cal = Venturi outlet pressure (PPO in

absolute pressure units), measured at

the exit of the venturi diffuser outlet.

(B) The venturi pressure ratio (Prratio-i)

during all emissions tests must be less

than, or equal to, the calibration

pressure ratio limit (Prratio-lim) derived

from the CFV calibration data, such that:

Pout ratio ratio

-i

in-i

-i - P

= ≤ Pr Pr lim

Where:

Pin-i and Pout-i are the venturi inlet and

outlet pressures, in absolute pressure

units, at each i-th interval during the

emissions test.

(ii) Option 2. Other methods: With

prior Administrator approval, any other

method may be used that assure that the

venturi operates at sonic conditions

during emissions tests, provided the

method is based upon sound

engineering principles.

* * * * *

6. Section 86.1333–90 is amended by

revising paragraph (d) to read as

follows:

§ 86.1333–90 Transient test cycle

generation.

* * * * *

(d) Idle Speed Enhancement Devices

(e.g. cold idle, alternator idle, etc.). For

an engine equipped with an idle speed

enhancement device, the zero percent

speed specified in the engine

dynamometer schedules (appendix I

(f)(1), (f)(2), or (f)(3) to this part) does

not apply. The idle speed shall be the

speed that results from the proper

operation of the engine’s idle speed

enhancement device.

(1) During idle speed enhancement

device operation, a manual transmission

engine shall be allowed to idle at

whatever speed is required to target a

feedback torque equal to zero (using, for

example, clutch disengagement, speed

to torque control switching, software

overrides, etc.) at those points in

appendix I(f)(1), (f)(2), or (f)(3) to this

part where both reference speed and

reference torque are zero percent values.

For each idle segment that is ten

8280 Federal Register / Vol. 65, No. 34 / Friday, February 18, 2000 / Rules and Regulations

seconds or longer, the average feedback

torque must be within ±10 ft-lbs of zero.

To allow for transition, up to the first

four seconds may be deleted from each

idle segment calculation.

(2) During idle speed enhancement

device operation, an automatic

transmission engine shall be allowed to

idle at whatever speed is required to

target a feedback torque equal to CITT

(see paragraph (e)(2) of this section for

definition of CITT) at those points in

appendix I(f)(1), (f)(2), or (f)(3) to this

part where both reference speed and

reference torque are zero percent values.

For each idle segment that is ten

seconds or longer, the average feedback

torque must be within ±10 ft-lbs of

CITT. To allow for transition, up to the

first four seconds may be deleted from

each idle segment calculation.

* * * * *

[FR Doc. 00–1091 Filed 2–17–00; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 51

[CC Docket No. 98–147; FCC 99–355]

Deployment of Wireline Services

Offering Advanced

Telecommunications Capability

AGENCY: Federal Communications

Commission.

ACTION: Final rule; announcement of

effective date.

SUMMARY: The Commission adopted

measures to promote the availability of

competitive broadband xDSL-based

services, especially to residential and

small business customers. This

document amends the Commission’s

unbundling rules to require incumbent

LECs to provide unbundled access to a

new network element, the high

frequency portion of the local loop. This

will enable competitive LECs to

compete with incumbent LECs to

provide access to consumers xDSLbased services through telephone lines

that the competitive LECs can share

with incumbent LECs. In addition, the

document adopts spectrum management

policies and rules to facilitate the

competitive deployment of advanced

services. These rules will significantly

benefit the rapid and efficient

deployment of xDSL-based

technologies.

DATES: The amendments to 47 CFR 51.5,

51.319(a)(1) through (7), 51.230, 51.231

and 51.232 published at 64 FR 1331,

became effective on January 10, 2000.

FOR FURTHER INFORMATION CONTACT:

Staci Pies, Attorney, Common Carrier

Bureau, Policy and Program Planning

Division, (202) 418–1580.

SUPPLEMENTARY INFORMATION: On

December 22, 1999, the Office of

Management and Budget (OMB)

approved the amendments to the public

file rules pursuant to OMB control No.

3060–0848. Accordingly, the rules in

§ 51.5, 51.319(a)(1) through (7), 51.230,

51.231 and 51.232 became effective on

January 10, 2000.

List of Subjects in 47 CFR Part 51

Communications, Common carriers,

Telecommunications, Federal

Communications Commission.

Magalie Roman Salas,

Secretary.

[FR Doc. 00–3942 Filed 2–17–00; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

49 CFR Parts 1002, 1011, and 1182

[STB Finance Docket No. 33685]

Class Exemption for Motor Passenger

Intra-Corporate Family Transactions

AGENCY: Surface Transportation Board.

ACTION: Final Rules.

SUMMARY: The Surface Transportation

Board (Board) adopts final rules

exempting intra-corporate family

transactions of motor carriers of

passengers that do not result in

significant operational changes, adverse

changes in service levels, or a change in

the competitive balance with carriers

outside the corporate family. Exemption

of this class of transaction meets the

exemption criteria of 49 U.S.C. 13541

because specific approval under 49

U.S.C. 14303 is not necessary. The

Board is also making changes to its

regulations concerning fees and

delegation of authority.

EFFECTIVE DATE: March 19, 2000.

FOR FURTHER INFORMATION CONTACT:

Beryl Gordon, (202) 565–1600.

[Assistance for the hearing impaired is

available through TDD/TDY services at

1–800–877–8339.]

SUPPLEMENTARY INFORMATION:

Additional information is contained in

the Board’s decision. To obtain a copy

of the full decision, write to, call or pick

up in person from Da ̄-To-Da ̄ Office

Solutions, Mercury Building, 1925 K

Street, N.W., Room 210, Washington,

DC 20006. Until further notice, Da ̄-ToDa ̄ Office Solutions’ telephone number

in the Mercury Building will be (202)

289–4357. In addition, Board decisions

and notices are available on our website

at ‘‘WWW.STB.DOT.GOV.’’

Regulatory Flexibility Analysis

The Board concludes that these rules

will not have a significant economic

effect on a substantial number of small

entities. The procedures established are

simple and expeditious and impose no

new reporting requirements on small

entities. The rules protect all parties by

providing for revoking the exemption

for violations of the rules or the statute.

Environmental and Energy

Considerations

This action will not significantly

affect either the quality of the human

environment or the conservation of

energy resources.

List of Subjects

49 CFR Part 1002

Administrative practice and

procedure, Common Carriers, Freedom

of Information, User Fees.

49 CFR Part 1011

Administrative practice and

procedure, Authority delegations

(Government agencies), Organization

and functions (Government agencies).

49 CFR Part 1182

Administrative practice and

procedure, Motor Carriers.

Decided: February 11, 2000.

By the Board, Chairman Morgan, Vice

Chairman Burkes, and Commissioner

Clyburn.

Vernon A. Williams,

Secretary.

For the reasons set forth in the

preamble, Title 49, Parts 1002 and 1182

of the Code of Federal Regulations are

amended to read as follows:

PART 1002—FEES

1. The authority citation for Part 1002

continues to read as follows:

Authority: 5 U.S.C. 552(a)(4)(A) and 553;

31 U.S.C. 9701; and 49 U.S.C. 721(a).

2. Section 1002.2 is amended by

adding paragraph (f)(6) to read as

follows:

§ 1002.2 Filing fees.

* * * * *

(f) * * *