54908 Federal Register / Vol. 71, No. 182 / Wednesday, September 20, 2006 / Rules and Regulations 

maintain a safe course that minimizes 

wake near the race course. 

(d) Enforcement period. (1) This 

section will be enforced annually from 

8:30 a.m. to 5:30 p.m. on the last 

weekend in September or the first 

weekend in October. The Commander, 

Fifth Coast Guard District will publish 

a Notice of Enforcement in the Federal 

Register and in the Fifth Coast Guard 

District Local Notice to Mariners every 

year announcing the dates and times 

this section is in effect. 

(2) In 2006 this section will be 

enforced from 8:30 a.m. on September 

30, 2006 to 5:30 p.m. on October 1, 

2006. 

Dated: September 8, 2006. 

Larry L. Hereth, 

Rear Admiral, U.S. Coast Guard, Commander, 

Fifth Coast Guard District. 

[FR Doc. 06–7943 Filed 9–19–06; 8:45 am] 

BILLING CODE 4910–15–U 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 80 

[EPA–HQ–OAR–2004–0508; FRL–8221–2] 

RIN 2060–AJ71 

Control of Air Pollution From New 

Motor Vehicles; Second Amendment to 

the Tier 2/Gasoline Sulfur Regulations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This action amends the credit 

generation provisions of the Geographic 

Phase-in Area (GPA) gasoline sulfur 

program to yield the correct number of 

credits for refineries and importers that 

produce GPA gasoline and eliminate the 

generation of windfall credits by 

refineries or importers that have 

gasoline sulfur baselines below 150 ppm 

sulfur. 

In June 2002, we published a Direct 

Final Rule (DFR) and concurrent Notice 

of Proposed Rulemaking (NPRM) to 

amend certain provisions of the gasoline 

sulfur program concerning Geographic 

Phase-in Area (GPA) gasoline. 

Specifically, we replaced the variable 

standard for GPA gasoline with a flat 

standard of 150 parts per million (ppm) 

sulfur for the duration of the GPA 

program. To prevent the generation of 

windfall credits by refineries or 

importers that had gasoline sulfur 

baselines below 150 ppm sulfur, we also 

amended the program’s credit 

generation provisions. As stated in the 

preamble to the Direct Final Rule, we 

believed that the amendment would 

result in an equivalent number of 

credits generated during the amended 

GPA program as compared to the 

original program described under the 

Tier 2 final rule. Despite our intent for 

the revised calculations to yield the 

equivalent number of credits, the 

amended credit provisions were 

incorrect as pointed out by an adverse 

comment received on the DFR. Based on 

this adverse comment, we issued a 

partial withdrawal notice on August 26, 

2002, to withdraw the amendments to 

the credit provisions and reinstate the 

provisions that were previously in 

effect. However, we also stated that we 

would address the adverse comments in 

a subsequent final action, this action, 

based on the concurrent NPRM. 

DATES: This final rule is effective on 

January 1, 2007. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OAR–2004–0508. All 

documents in the docket are listed in 

the http://www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

e.g., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in http:// 

www.regulations.gov or in hard copy at 

the EPA Docket Center, EPA/DC, EPA 

West, Room B102, 1301 Constitution 

Ave., NW., Washington, DC. This 

Docket Facility is open from 8:30 a.m. 

to 4:30 p.m., Monday through Friday, 

excluding legal holidays. The Docket 

telephone number is (202) 566–1742. 

The Public Reading Room is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding legal holidays. The 

telephone number for the Public 

Reading Room is (202) 566–1744. 

Note: The EPA Docket Center suffered 

damage due to flooding during the last week 

of June 2006. The Docket Center is 

continuing to operate. However, during the 

cleanup, there will be temporary changes to 

Docket Center telephone numbers, addresses, 

and hours of operation for people who wish 

to visit the Public Reading Room to view 

documents. Consult EPA’s Federal Register 

notice at 71 FR 38147 (July 5, 2006) or the 

EPA Web site at http://www.epa.gov/ 

epahome/dockets.htm for current 

information on docket status, locations and 

telephone numbers. 

FOR FURTHER INFORMATION CONTACT: 

Mary Manners, Compliance and 

Innovative Strategies Division, U.S. 

EPA, National Vehicle and Fuels 

Emission Laboratory, 2000 Traverwood, 

Ann Arbor, MI 48105; telephone (734) 

214–4873, fax (734) 214–4053, e-mail 

manners.mary@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Does This Action Apply to Me? 

This action will affect you if you 

produce gasoline. The table below gives 

an example of entities that may have to 

comply with the regulations. However, 

since this is only an example, you 

should carefully examine these and 

other existing regulations in Title 40 

Part 80 of the Code of Federal 

Regulations (CFR). If you have any 

questions, please call the person listed 

in the FOR FURTHER INFORMATION

CONTACT section above. 

Category NAICS codes a SIC codes b Examples of potentially 

regulated entities 

Industry ......................................................................... 324110 2911 Petroleum refiners. 

a North American Industry Classification System (NAICS). 

bStandard Industrial Classification (SIC) System. 

Outline of This Preamble 

I. Electronic Availability 

II. Background 

A. Refinery/Importer Annual Average GPA 

Standard and Credit Generation Under 

the Tier 2 Final Rule 

B. Refinery/Importer Annual Average GPA 

Standard and Credit Generation Under 

the June 2002 Direct Final Rule 

III. What Is EPA Finalizing Under This 

Action? 

IV. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

B. Paperwork Reduction Act 

C. Regulatory Flexibility Act 

D. Unfunded Mandates Reform Act 

E. Executive Order 13132: Federalism 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

G. Executive Order 13045: Protection of 

Children From Environmental Health & 

Safety Risks 


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Federal Register / Vol. 71, No. 182 / Wednesday, September 20, 2006 / Rules and Regulations 54909 

1The anti-backsliding requirement was defined 

for the average standard for GPA gasoline as the 

least of (1) 150 ppm, (2), the refinery’s or importer’s 

1997/1998 average gasoline sulfur level, calculated 

in accordance with section 80.295, plus 30 ppm, or 

(3) the lowest average sulfur level for any year in 

which the refinery generated allotments or credits 

under sections 80.275(a) or 80.305 plus 30 ppm, not 

to exceed 150 ppm. 

2Under the Tier 2 final rule (65 FR 6698, 

February 10, 2000), the GPA program lasted from 

2004 through 2006. However, the highway diesel 

final rule (66 FR 5002, January 18, 2001) allowed 

a two year extension of the GPA program in 

exchange for full compliance with the 15 ppm ultralow sulfur diesel fuel standard by June 1, 2006. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

I. National Technology Transfer 

Advancement Act 

J. Congressional Review Act 

I. Electronic Availability 

Today’s action is available 

electronically on the date of publication 

from EPA’s Federal Register Internet 

Web site listed below. Electronic copies 

of this preamble, regulatory language, 

and other documents associated with 

today’s final rule are available from the 

EPA Office of Transportation and Air 

Quality Web site, listed below, shortly 

after the rule is signed by the 

Administrator. These services are free of 

charge, except any cost that you already 

incur for connecting to the Internet. 

EPA Federal Register Web site: http:// 

www.epa.gov/fedrgstr/EPA-AIR/ (either 

select a desired date or use the Search 

feature). 

EPA Office of Transportation and Air 

Quality Web site: http://www.epa.gov/ 

otaq/ (look in What’s New or under 

specific rulemaking topic). 

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. 

II. Background 

Under a direct final rule (DFR) 

published in the Federal Register on 

June 12, 2002 (67 FR 40169), we 

eliminated the anti-backsliding 

provision for the annual average sulfur 

standard for Geographic Phase-in Area 

(GPA) gasoline. Specifically, we 

replaced the variable average standard 

for GPA gasoline 1 with a flat average 

standard of 150 ppm sulfur for 2004 

through the duration of the GPA 

program.2 To prevent the generation of 

windfall credits by refineries that had 

gasoline sulfur baselines below 150 ppm 

sulfur, we also amended the credit 

generation provisions for the duration of 

the GPA program (§ 80.310). As stated in 

the preamble to the direct final rule, we 

believed that the amendment to § 80.310 

would result in an equivalent number of 

credits generated during the amended 

GPA program as compared to the 

original program under the Tier 2 final 

rule (65 FR 6698, February 10, 2000), 

even though the average standard for 

GPA gasoline was changed to 150 ppm 

sulfur. 

However, one commenter on the DFR 

indicated that the amendment to 

§ 80.310 would change the manner in 

which a refinery or importer of GPA 

gasoline would generate gasoline sulfur 

credits beginning in 2004. Specifically, 

the commenter stated that the 

amendments to §§ 80.310(a) and 

80.310(b) would cause the credit 

baselines for its refineries to be reduced 

from 150 ppm to lower sulfur levels. 

The commenter also indicated that the 

changes to § 80.310(d) would require a 

refinery to reduce sulfur levels by at 

least 10 percent from its baseline before 

credits could be generated. The 

commenter stated that it would be 

adversely impacted by these changes 

since the amended rule would require it 

to invest capital dollars earlier than it 

had currently planned at its refineries in 

order to generate credits. The 

commenter stated that the combined 

effect of these changes would be 

detrimental because the number of 

credits that it could generate would be 

significantly reduced. The commenter 

indicated that it would be negatively 

impacted by this credit generation 

limitation since its ability to defer 

capital expenditures would be limited. 

Based on this adverse comment, we 

issued a partial withdrawal notice (67 

FR 38338, August 26, 2002) to withdraw 

the amendments to § 80.310(a), (b), and 

(d). In the DFR, we stated that if we 

received adverse comment on one or 

more distinct amendments, paragraphs, 

or sections of the direct final rule by 

July 12, 2002, we would publish a 

timely withdrawal in the Federal 

Register indicating which provisions 

would become effective on September 

10, 2002, and which provisions would 

be withdrawn due to adverse comment. 

During the 30-day comment period for 

the rule, we received the adverse 

comments discussed above on the 

amendments to § 80.310(a), (b), and (d). 

In the partial withdrawal notice, we 

withdrew those amendments and 

reinstated the provisions that were 

previously in effect. However, we also 

stated that we would address the 

adverse comments in a subsequent final 

action, today’s action, based on the 

Notice of Proposed Rulemaking that was 

published concurrently with the DFR. 

A. Refinery/Importer Annual Average 

GPA Standard and Credit Generation 

Under the Tier 2 Final Rule 

Prior to the June 2002 DFR, a refinery 

or importer’s average sulfur standard for 

GPA gasoline would have been, with the 

anti-backsliding provisions of the Tier 2 

final rule, the least of 150 ppm, the 

refinery’s 1997–98 sulfur baseline plus 

30 ppm, or the level from which credits 

were generated plus 30 ppm. A refinery 

or importer with a sulfur baseline of 100 

ppm, for example, would have had a 

GPA gasoline sulfur standard of 130 

ppm for the duration of the GPA 

program (the refinery or importer’s 

1997–98 baseline plus 30 ppm), 

assuming that no credits were generated 

prior to 2004. In 2004 and beyond, that 

refinery or importer would have 

generated credits based on the following 

equation under § 80.310: 

CRa = Va × (Sstd¥Sa) 

Where: 

CRa = Credits generated for the averaging 

period. 

Va = Total annual volume of gasoline 

produced at a refinery or imported 

during the averaging period. 

Sstd = The standard for GPA gasoline (least of 

150 ppm, the refinery or importer’s 

1997–98 sulfur baseline plus 30 ppm, or 

the level from which credits were 

generated plus 30 ppm). 

Sa = Actual annual average sulfur level for 

gasoline produced at a refinery or 

imported during the averaging period, 

exclusive of any credits. 

Using a volume of 100 gallons for 

simplified calculation purposes and 

assuming that the refinery or importer’s 

actual annual gasoline sulfur level was 

held at its baseline level of 100 ppm, 

that refinery or importer would have 

generated 3000 ppm-gallon credits [100 

gallons × (130 ppm ¥ 100 ppm)]. 

B. Refinery/Importer Annual Average 

GPA Standard and Credit Generation 

Under the June 2002 Direct Final Rule 

As a result of the June 2002 DFR, a 

refinery or importer’s average sulfur 

standard for GPA gasoline would have 

been a flat standard of 150 ppm. As 

mentioned above, the DFR also 

amended the credit generation 

provisions (§ 80.310) for the duration of 

the GPA program to prevent the 

generation of windfall credits. As a 

result of the DFR, that refinery or 

importer would have generated credits 

based on the following equation: 

CRa = Va × (SCredit¥Sa) 

Where: 

CRa = Credits generated for the averaging 

period. 


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Va = Total annual volume of gasoline 

produced at a refinery or imported 

during the averaging period. 

SCredit = For GPA gasoline, the least of 150 

ppm, or the refinery or importer’s 1997–

98 sulfur level, or the refinery or 

importer’s lowest annual average sulfur 

level for any year from 2000 through 

2003 during which the refinery or 

importer generated credits or allotments. 

Sa = Actual annual average sulfur level for 

gasoline produced at a refinery or 

imported during the averaging period, 

exclusive of any credits. 

Again using a volume of 100 gallons 

for simplified calculation purposes and 

assuming that the refinery or importer’s 

actual annual gasoline sulfur level was 

held at its baseline level of 100 ppm, 

that refinery or importer would not 

generate any credits under the amended 

§ 80.310 [100 gallons × (100 ppm ¥ 100 

ppm) = 0]. Furthermore, the amendment 

to § 80.310 specified that refiners and 

importers of GPA gasoline may generate 

credits beginning in 2004 only if the 

annual average sulfur level for the 

gasoline produced or imported during 

the annual averaging period is less than 

0.90 of the refinery or importer’s 1997–

98 baseline sulfur level. In this example, 

the refinery or importer would not be 

able to generate credits until it reduced 

its gasoline sulfur levels to 90 percent 

of its baseline, or 90 ppm [0.90 × 100]. 

III. What Is EPA Finalizing Under This 

Action? 

Today’s final rule does not further 

amend the refinery/importer annual 

average standard for GPA gasoline. That 

is, the standard continues to be 150 ppm 

for the duration of the GPA program. 

However, today’s final rule does amend 

the credit generation provisions of 

§ 80.310 by adding 30 ppm to the 

Scredit variable, as shown below. 

Today’s final rule also amends §§ 80.285 

and 80.415 to make them consistent 

with § 80.310. These amendments will 

yield the correct number of credits 

generated in that the number of credits 

generated will be equivalent to the 

number of credits generated under 

§ 80.310 of the Tier 2 final rule. While 

these amendments apply to credits 

generated beginning in 2004, these 

amendments will not be effective until 

January 1, 2007 and will not be applied 

retroactively. Specifically, under today’s 

final rule, a refinery or importer will 

generate credits based on the following 

equation: 

CRa = Va × (SCredit¥Sa) 

Where: 

CRa = Credits generated for the averaging 

period. 

Va = Total annual volume of gasoline 

produced at a refinery or imported 

during the averaging period. 

SCredit = For GPA gasoline, the least of 150 

ppm, or the refinery’s or importer’s 

1997–98 sulfur level plus 30 ppm, or the 

refinery’s lowest annual average sulfur 

level for any year from 2000 through 

2003 during which the refinery 

generated credits or allotments plus 30 

ppm. 

Sa = Actual annual average sulfur level for 

gasoline produced at a refinery or 

imported during the averaging period, 

exclusive of any credits. 

Again using a volume of 100 gallons 

for simplified calculation purposes and 

assuming that the refinery or importer’s 

actual annual gasoline sulfur level is 

held at its baseline level of 100 ppm, 

that refinery or importer will generate 

3000 ppm-gallon credits under today’s 

final rule [100 gallons × (130 ppm¥100 

ppm) = 3000]. 

IV. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

This action is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order (EO) 12866 (58 FR 

51735, October 4, 1993) and is therefore 

not subject to review under the EO. 

B. Paperwork Reduction Act 

This action does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act, 44 U.S.C. 3501 et seq. This action 

specifically amends the regulations 

pertaining to the calculation of GPA 

gasoline sulfur credits to yield the 

correct number of credits for refineries 

and importers that produce GPA 

gasoline and to eliminate the generation 

of windfall credits by refineries or 

importers that have gasoline sulfur 

baselines below 150 ppm sulfur. This 

action is of limited impact in that it only 

applies to GPA gasoline and only for 

2007 and 2008; it does not impose any 

new information collection 

requirements on the regulated entities. 

Burden means the total time, effort, or 

financial resources expended by persons 

to generate, maintain, retain, or disclose 

or provide information to or for a 

Federal agency. This includes the time 

needed to review instructions; develop, 

acquire, install, and utilize technology 

and systems for the purposes of 

collecting, validating, and verifying 

information, processing and 

maintaining information, and disclosing 

and providing information; adjust the 

existing ways to comply with any 

previously applicable instructions and 

requirements; train personnel to be able 

to respond to a collection of 

information; search data sources; 

complete and review the collection of 

information; and transmit or otherwise 

disclose the information. 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to a collection of information 

unless it displays a currently valid OMB 

control number. The OMB control 

numbers for EPA’s regulations in 40 

CFR are listed in 40 CFR part 9. 

C. Regulatory Flexibility Act 

EPA has determined that it is not 

necessary to prepare a regulatory 

flexibility analysis in connection with 

this final rule. 

For purposes of assessing the impacts 

of today’s rule on small entities, small 

entity is defined as: (1) A small business 

as defined by the Small Business 

Administration’s (SBA) regulations at 13 

CFR 121.201; (2) a small governmental 

jurisdiction that is a government of a 

city, county, town, school district or 

special district with a population of less 

than 50,000; and (3) a small 

organization that is any not-for-profit 

enterprise which is independently 

owned and operated and is not 

dominant in its field. 

After considering the economic 

impacts of today’s final rule on small 

entities, EPA has concluded that this 

action will not have a significant 

economic impact on a substantial 

number of small entities. Today’s action 

does not apply to or affect small refiners 

or any other small entity. 

As stated above, today’s action 

amends the credit generation provisions 

of the GPA gasoline sulfur program to 

yield the correct number of credits for 

GPA gasoline and eliminate the 

generation of windfall credits by 

refineries or importers that have 

gasoline sulfur baselines below 150 ppm 

sulfur. 

D. Unfunded Mandates Reform Act 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA), Public 

Law 104–4, establishes requirements for 

Federal agencies to assess the effects of 

their regulatory actions on State, local, 

and tribal governments, and the private 

sector. Under § 202 of the UMRA, We 

generally must prepare a written 

statement, including a cost-benefit 

analysis, for proposed and final rules 

with ‘‘Federal mandates’’ that may 

result in expenditures to State, local, 

and tribal governments, in the aggregate, 

or to the private sector, of $100 million 

or more for any single year. Before 

promulgating a rule for which a written 

statement is needed, § 205 of the UMRA 

generally requires us to identify and 


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consider a reasonable number of 

regulatory alternatives and adopt the 

least costly, most cost-effective, or least 

burdensome alternative that achieves 

the objectives of the rule. The 

provisions of § 205 do not apply when 

they are inconsistent with applicable 

law. Moreover, § 205 allows us to adopt 

an alternative that is not the least costly, 

most cost-effective, or least burdensome 

alternative if we provide an explanation 

in the final rule of why such an 

alternative was adopted. 

Before we establish any regulatory 

requirement that may significantly or 

uniquely affect small governments, 

including tribal governments, we must 

develop a small government plan 

pursuant to § 203 of the UMRA. Such a 

plan must provide for notifying 

potentially affected small governments, 

and enabling officials of affected small 

governments to have meaningful and 

timely input in the development of our 

regulatory proposals with significant 

Federal intergovernmental mandates. 

The plan must also provide for 

informing, educating, and advising 

small governments on compliance with 

the regulatory requirements. 

This rule contains no Federal 

mandates for State, local, or tribal 

governments as defined by the 

provisions of Title II of the UMRA. The 

rule imposes no enforceable duties on 

any of these governmental entities. 

Nothing in the rule will significantly or 

uniquely affect small governments. 

We have determined that this rule 

does not contain a Federal mandate that 

may result in estimated expenditures of 

more than $100 million to the private 

sector in any single year. This action has 

the net effect of amending 40 CFR 

80.285, 80.310, and 80.415 to correct the 

credit generation provisions for GPA 

gasoline. Therefore, the requirements of 

the Unfunded Mandates Act do not 

apply to this action. 

E. Executive Order 13132: Federalism 

Executive Order 13132, entitled 

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

1999), requires us 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, we 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 we consult with 

State and local officials early in the 

process of developing the proposed 

regulation. We also may not issue a 

regulation that has federalism 

implications and that preempts State 

law, unless the Agency consults with 

State and local officials early in the 

process of developing the proposed 

regulation. 

Section 4 of the Executive Order 

contains additional requirements for 

rules that preempt State or local law, 

even if those rules do not have 

federalism implications (i.e., the rules 

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). Those 

requirements include providing all 

affected State and local officials notice 

and an opportunity for appropriate 

participation in the development of the 

regulation. If the preemption is not 

based on express or implied statutory 

authority, we also must consult, to the 

extent practicable, with appropriate 

State and local officials regarding the 

conflict between State law and federally 

protected interests within the agency’s 

area of regulatory responsibility. 

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. The 

requirements of the rule will be 

enforced by the Federal government at 

the national level. Thus, the 

requirements of section 6 of the 

Executive Order do not apply to this 

rule. Although section 6 of Executive 

Order 13132 does not apply to this rule, 

we did consult with State and local 

officials in developing this rule. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

Executive Order 13175, entitled 

‘‘Consultation and Coordination with 

Indian Tribal Governments’’ (65 FR 

67249, November 6, 2000), requires EPA 

to develop an accountable process to 

ensure ‘‘meaningful and timely input by 

tribal officials in the development of 

regulatory policies that have tribal 

implications.’’ This final rule corrects 

the credit generation provisions for GPA 

gasoline under the Tier 2 program. This 

final rule does not have tribal 

implications, as specified in Executive 

Order 13175. 

G. Executive Order 13045: Protection of 

Children From Environmental Health & 

Safety Risks 

Executive Order 13045, ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

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 

we have reason to believe may have a 

disproportionate effect on children. If 

the regulatory action meets both criteria, 

section 5–501 of the Order directs us to 

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 us. 

This rule is not subject to the 

Executive Order because it is not an 

economically significant regulatory 

action as defined by Executive Order 

12866. Furthermore, this rule does not 

concern an environmental health or 

safety risk that we have reason to 

believe may have a disproportionate 

effect on children. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This rule is not subject to Executive 

Order 13211, ‘‘Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use’’ (66 

FR 28355, May 22, 2001) because it is 

not a significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (NTTAA), 12(d) of Public 

Law 104–113, directs us to use 

voluntary consensus standards in our 

regulatory activities unless it 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) developed or 

adopted by voluntary consensus 

standards bodies. The NTTAA directs 

us to provide Congress, through OMB, 

explanations when we decide not to use 

available and applicable voluntary 

consensus standards. 


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This action does not involve technical 

standards. Therefore, EPA did not 

consider the use of any voluntary 

consensus standards. 

J. Congressional Review Act 

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 rule report, which includes a 

copy of the rule, to each House of the 

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 United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). This rule 

will be effective January 1, 2007. 

List of Subjects in 40 CFR Part 80 

Environmental protection, Fuel 

additives, Gasoline, Imports, Labeling, 

Motor vehicle pollution, Penalties, 

Reporting and recordkeeping 

requirements. 

Dated: September 14, 2006. 

Stephen L. Johnson, 

Administrator. 

■ For the reasons set forth in the 

preamble, title 40, Chapter 1 of the Code 

of Federal Regulations is amended as 

follows: 

PART 80—REGULATION OF FUELS 

AND FUEL ADDITIVES 

■ 1. The authority citation for part 80 

continues to read as follows: 

Authority: 42 U.S.C. 7414, 7545 and 

7601(a). 

■ 2. Section 80.285 is amended by 

revising paragraph (b)(1)(ii) to read as 

follows: 

§ 80.285 Who may generate credits under 

the ABT program? 

* * * * * 

(b) * * * 

(1) * * * 

(ii) Refiners and importers of gasoline 

designated as GPA gasoline under 

§ 80.219, using the least of 150.00 ppm, 

or the refinery’s or importer’s 1997–98 

baseline calculated under § 80.295 plus 

30.00 ppm, or the refinery’s lowest 

annual average sulfur level for any year 

from 2000 through 2003 during which 

the refinery generated credits or 

allotments plus 30.00 ppm (for any 

party generating credits under both 

paragraphs (b)(1)(i) of this section and 

this paragraph (b)(1)(ii), such credits 

must be calculated separately); or 

* * * * * 

■ 3. Section 80.310 is amended by 

revising paragraphs (a) and (b) to read 

as follows: 

§ 80.310 How are credits generated 

beginning in 2004? 

(a) A refiner for any refinery, or an 

importer, may generate credits in 2004 

and thereafter if the annual average 

sulfur level for gasoline produced or 

imported for the averaging period is less 

than 30.00 ppm; or, for refiners that are 

subject to the small refiner standards in 

§ 80.240, the small refiner annual 

average sulfur standard applicable to 

that refinery; or, for refiners and 

importers subject to the GPA standards 

in § 80.216, the least of 150.00 ppm, or 

the refinery’s or importer’s 1997–1998 

sulfur level calculated under § 80.295 

plus 30.00 ppm, or the refinery’s lowest 

annual average sulfur level for any year 

from 2000 through 2003 during which 

the refinery generated credits or 

allotments plus 30.00 ppm. 

(b) Credits are calculated as follows: 

CRa = Va × (SCredit ¥ Sa) 

Where: 

CRa = Credits generated for the averaging 

period. 

Va = Total annual volume of gasoline 

produced at a refinery or imported 

during the averaging period. 

SCredit = 30.00 ppm; or the sulfur standard for 

a small refinery established under 

§ 80.240; or, for gasoline designated as 

GPA gasoline under § 80.219, the least of 

150.00 ppm, or the refinery’s or 

importer’s 1997–1998 sulfur level 

calculated under § 80.295 plus 30.00 

ppm, or the refinery’s lowest annual 

average sulfur level for any year from 

2000 through 2003 during which the 

refinery generated credits or allotments 

plus 30.00 ppm. 

Sa = Actual annual average sulfur level, 

calculated in accordance with the 

provisions of § 80.205, for gasoline 

produced at a refinery or imported 

during the averaging period, exclusive of 

any credits. 

* * * * * 

■ 4. Section 80.415 is amended by 

revising paragraph (a)(2)(iii) to read as 

follows: 

§ 80.415 What are the attest engagement 

requirements for gasoline sulfur 

compliance applicable to refiners and 

importers? 

* * * * * 

(a) * * * 

(2) * * * 

(iii) If the annual average sulfur level 

for any year in which credits were 

generated for 2000 through 2003 was 

less than the baseline level under 

paragraph (a)(1) of this section, for small 

refiners report as a finding the lowest 

annual sulfur level as the new baseline 

value for purposes of establishing the 

small refiner standards under § 80.240, 

and for GPA gasoline report as a finding 

the lowest annual sulfur level plus 

30.00 ppm as the new sulfur level for 

purposes of credit generation under 

§ 80.310, if lower than 150.00 ppm. 

* * * * * 

[FR Doc. 06–7809 Filed 9–19–06; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2006–0324; FRL–8093–7] 

Metrafenone; Pesticide Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes a 

tolerance for residues of metrafenone, 

(3-bromo-6-methoxy-2- 

methylphenyl)(2,3,4-trimethoxy-6- 

methylphenyl)methanone, in or on 

imported grape at 0.6 parts per million 

(ppm), with no U.S. registration. BASF 

Corporation requested this tolerance 

under the Federal Food, Drug, and 

Cosmetic Act (FFDCA), as amended by 

the Food Quality Protection Act of 1996 

(FQPA). 

DATES: This regulation is effective 

September 20, 2006. Objections and 

requests for hearings must be received 

on or before November 20, 2006, and 

must be filed in accordance with the 

instructions provided in 40 CFR part 

178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION). 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ–

OPP–2006–0324. All documents in the 

docket are listed in the index for the 

docket. Although listed in the index, 

some information is not publicly 

available, e.g., Confidential Business 

Information (CBI) or other information 

whose disclosure 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. 

Publicly available docket materials are 

available in the electronic docket at 

http://www.regulations.gov, or, if only 

available in hard copy, at the OPP 

Regulatory Public Docket in Rm. S–


rwilkins on PROD1PC63 with RULES