20806 Federal Register / Vol. 72, No. 80 / Thursday April 26, 2007 / Proposed Rules 

§ 284.403 Code of conduct for persons 

holding blanket marketing certificates. 

(a) To the extent Seller engages in 

reporting of transactions to publishers of 

electricity or natural gas indices, Seller 

shall provide accurate and factual 

information, and not knowingly submit 

false or misleading information or omit 

material information to any such 

publisher, by reporting its transactions 

in a manner consistent with the 

procedures set forth in the Policy 

Statement on Natural Gas and Electric 

Price Indices, issued by the Commission 

in Docket No. PL03–3–000 and any 

clarifications thereto. Seller shall notify 

the Commission as part of its annual 

reporting requirement in § 260.401 of 

this chapter whether it reports its 

transactions to publishers of electricity 

and natural gas indices. Seller shall 

notify the Commission within 15 days 

of any subsequent change to its 

transaction reporting status. In addition, 

Seller shall adhere to such other 

standards and requirements for price 

reporting as the Commission may order. 

* * * * * 

Note: The following Appendix will not be 

published in the Code of Federal 

Regulations. 

Appendix A to Notice of Proposed 

Rulemaking—Transparency Provisions 

of Section 23 of the Natural Gas Act; 

Transparency Provisions of the Energy 

Policy Act of 2005, Docket Nos. RM07–

10–000 and AD06–11–000: Proposed 

FERC Form No. [X] 

Provide accurate and complete responses 

to the following questions. 

Purchases by 

number 

Purchases by 

volume 

(TBtu/Bcf) 

Sales by 

number 

Sales by 

volume 

(TBtu/Bcf) 

A. How much physical gas,* did you transact in the prior calendar year? 

B. Of the amount reported in Row A, what number and volume are transacted for next-day delivery? 

C. Of these next-day transactions, what number and volume are priced at a 

fixed price? 

D. Of these next-day transactions, what number and volume are priced at 

an index price? 

E. Of the amount reported in Row A, what number and volume are transacted for delivery in the next month? 

F. Of your transactions for delivery in the next month, what number and volume are priced at a fixed price during bid week? ** 

G. Of your transactions for delivery in the next month, what number and 

volume are priced at an index price? 

H. Of your transactions for delivery beyond next-day or month, what number and volume are priced using next-day or next-month index prices? 

* Notwithstanding its physical delivery provisions, for the purposes of this form, exclude NYMEX futures contracts or any other physically-settled futures contract unless the contract actually goes to delivery. 

** Bid week is defined as the last 5 working days prior to the delivery month. Please include those transactions in this row. 

[FR Doc. E7–7822 Filed 4–25–07; 8:45 am] 

BILLING CODE 6717–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 1051 

[EPA–HQ–OAR–2006–0858; FRL–8305–7] 

RIN 2060–A035 

Exhaust Emission Test Procedures for 

All-Terrain Vehicles 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of proposed rulemaking. 

SUMMARY: In a rule published November 

8, 2002, EPA promulgated new emission 

standards for recreational vehicles 

beginning in model year 2006. This 

included a newly regulated class of 

nonroad vehicles/engines commonly 

referred to as all-terrain vehicles. In that 

rulemaking, a temporary provision was 

included allowing manufacturers to 

certify all-terrain vehicles over a steadystate, engine-based, duty cycle for 

exhaust emissions prior to the 2009 

model year in lieu of the transient, 

chassis-based, Federal Test Procedure 

which was effective for 2006 and later 

model years. In this rulemaking we are 

proposing to extend the availability of 

this temporary provision for in some 

cases up to an additional six model 

years, after which the chassis-based 

Federal Test Procedure would become 

the only available test cycle. More 

specifically, manufacturers would have 

to certify exhaust emission engine 

families representing not less than 50 

percent of their U.S.-directed 

production on the Federal Test 

Procedure in model year 2014 and 100 

percent in 2015. Manufacturers with 

only one all-terrain vehicle exhaust 

emission engine engine family would 

not be required to use the Federal Test 

Procedure until the 2015 model year. 

For those manufacturers who have not 

yet done so, this will allow additional 

time to certify to the previously 

promulgated Federal Test Procedurebased emission standards using either 

contract facilities or by obtaining inhouse capability. 

DATES: Written comments must be 

received by May 29, 2007. Request for 

a public hearing must be received by 

May 11, 2007. If we receive a request for 

a public hearing, we will publish 

information related to the timing and 

location of the hearing and the timing of 

a new deadline for public comments. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ–

OAR–2006–0858, by one of the 

following methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• E-mail: a-and-r-docket@epa.gov. 

• Fax: (202) 566–1741. 


jlentini on PROD1PC65 with PROPOSALS
Federal Register / Vol. 72, No. 80 / Thursday April 26, 2007 / Proposed Rules 20807 

• Mail: Environmental Protection 

Agency, Mail Code: 6102T, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460. Please include two copies. 

• Hand Delivery: EPA Docket Center 

(Air Docket), U.S. Environmental 

Protection Agency, EPA West Building, 

1301 Constitution Avenue, NW., Room: 

3334, Mail Code: 6102T, Washington, 

DC. Such deliveries are only accepted 

during the Docket’s normal hours of 

operation, and special arrangements 

should be made for deliveries of boxed 

information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OAR–2006–

0858. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or e-mail. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an e-mail 

comment directly to EPA without going 

through www.regulations.gov, your email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. For additional information 

about EPA’s public docket, visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the docket 

are listed in the 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 

www.regulations.gov or in hard copy at 

the EPA Docket Center, EPA/DC, EPA 

West, Room 3334, 1301 Constitution 

Avenue, NW., Washington, DC. 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, and 

the telephone number for the Air Docket 

is (202) 566–1742. 

FOR FURTHER INFORMATION CONTACT: 

Michael Samulski, Assessment and 

Standards Division, Office of 

Transportation and Air Quality, 2000 

Traverwood Drive, Ann Arbor, MI 

48105; telephone number: (734) 214–

4532; fax number: (734) 214–4050; email address: 

samulski.michael@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

In the ‘‘Rules and Regulations’’

section of this Federal Register, we are 

making these revisions as a direct final 

rule without prior proposal because we 

view these revisions as noncontroversial 

and anticipate no adverse comment. 

We have explained our reasons for 

these revisions in the preamble to the 

direct final rule. If we receive no 

adverse comment, we will not take 

further action on this proposed rule. If 

we receive adverse comment on the 

rule, we will withdraw the direct final 

rule. We will address all public 

comments in a subsequent final rule 

based on this proposed rule. We will not 

institute a second comment period on 

this action. Any parties interested in 

commenting must do so at this time. 

II. Does This Action Apply to Me? 

This action will affect companies that 

manufacture and certify all-terrain 

vehicles in the United States. 

Category NAICS code a Examples of potentially affected entities 

Industry ..................................................... 336999 Snowmobiles and all-terrain vehicle manufacturers. 

Industry ..................................................... 421110 Independent commercial importers of vehicles and parts. 

a North American Industry Classification System (NAICS). 

To determine whether particular 

activities may be affected by this action, 

you should carefully examine the 

regulations. You may direct questions 

regarding the applicability of this action 

as noted in FOR FURTHER INFORMATION

CONTACT. 

III. What Should I Consider as I 

Prepare My Comments for EPA? 

A. Submitting CBI. Do not submit this 

information to EPA through 

www.regulations.gov or e-mail. Clearly 

mark the part or all of the information 

that you claim to be CBI. For CBI 

information in a disk or CD ROM that 

you mail to EPA, mark the outside of the 

disk or CD ROM as CBI and then 

identify electronically within the disk or 

CD ROM the specific information that is 

claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

2. Tips for Preparing Your Comments. 

When submitting comments, remember 

to: 

• Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

• Follow directions—The agency may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

• Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

• Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

• If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

• Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

• Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

• Make sure to submit your 

comments by the comment period 

deadline identified. 


jlentini on PROD1PC65 with PROPOSALS
20808 Federal Register / Vol. 72, No. 80 / Thursday April 26, 2007 / Proposed Rules 

IV. Summary of Rule 

In a rule published November 8, 2002, 

EPA promulgated new emission 

standards for all terrain vehicles (ATVs) 

beginning in model year 2006. In that 

rulemaking, a temporary provision was 

included allowing manufacturers to 

certify ATV exhaust emissions over a 

steady-state, engine-based, duty cycle 

prior to the 2009 model year in lieu of 

the transient, chassis-based, Federal 

Test Procedure (FTP) which was 

effective for 2006 and later model years. 

In the interim the manufacturers, the 

California Air Resources Board, and 

EPA were to work together to assess the 

in-use operating characteristics of ATVs, 

determine whether the nature of this 

operation was transient or steady state 

and, if workable, develop and agree 

upon an emission test cycle which 

could replace both the engine-based 

steady state option and the primary 

approach, the chassis-based FTP. This 

work did not result in a mutually 

satisfactory outcome and agreement 

could not be reached on an alternate 

testing approach. Therefore, as 

prescribed in the 2002 final rule, the 

chassis-based FTP is to be the sole 

procedure for exhaust emissions 

certification in the long term. 

As stated above, in the original 

rulemaking the steady state option 

expired for the 2009 model year. While 

many manufacturers have certified 

using the FTP not all have done so, 

since there was the possibility of a 

replacement cycle. To provide 

appropriate certainty and lead time, in 

this rulemaking we are proposing to 

extend the availability of this temporary 

provision for an additional six model 

years, after which the chassis-based FTP 

would become the only available 

approach. More specifically, we are 

proposing that manufacturers would 

have to certify exhaust emission engine 

families representing not less than 50 

percent of their U.S.-directed 

production on the FTP in model year 

2014 and 100 percent in 2015. 

Manufacturers with only one ATV 

exhaust emission engine family would 

not be required to use the FTP until the 

2015 model year. For those 

manufacturers who have not yet done 

so, this will allow additional time to 

certify on the FTP by using contract 

facilities or by obtaining the in-house 

capability and if a large manufacturer 

acquires the capability to run the 

production line testing program. 

EPA does not expect that this revision 

will have any adverse cost impact to the 

manufacturers in the long term. The 

requirement was promulgated as part of 

the 2002 final rule and many off-shore 

manufacturers and importers have 

already complied using excess inhouse 

capability or contract facilities. We 

expect this extension will help to ensure 

compliance costs are minimized and 

that the emission reductions identified 

in the 2002 rule are achieved. Even the 

J1088 test cycle has reduced emissions 

significantly by eliminating ATVs 

powered by high emitting two-stroke 

engines as a new product offering. 

Adopting the FTP will help to ensure 

robust emission control in ATVs using 

4-stroke engines by including 

consideration of transient operation and 

vehicle/engine operation over a wider 

variety of conditions than that seen in 

the J1088 cycle. 

For additional discussion of the 

proposed rule changes, see the direct 

final rule EPA has published in the 

‘‘Rules and Regulations’’ section of 

today’s Federal Register. This proposal 

incorporates by reference all the 

reasoning, explanation, and regulatory 

text from the direct final rule. 

V. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

This proposed rule is not a 

‘‘significant regulatory action’’ under 

the terms of Executive Order 12866 (58 

FR 51735, October 4, 1993) and is 

therefore not subject to review under the 

Executive Order. This proposed rule 

merely gives an extension of time in 

which a temporary optional test duty 

cycle may be used. There are no new 

costs associated with this proposed rule 

relative to the original final rule. 

B. Paperwork Reduction Act 

This action does not impose any new 

information collection burden. This 

proposed rule does not include any new 

collection requirements, as it merely 

gives an extension of time in which a 

temporary optional test duty cycle may 

be used. There are no new paperwork 

requirements associated with this rule. 

However, the Office of Management and 

Budget (OMB) has previously approved 

the information collection requirements 

contained in the existing regulations 40 

CFR 1051; 1200 Pennsylvania Ave., 

NW., Washington, DC 20460 or by 

calling (202) 566–1672. 

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 

The Regulatory Flexibility Act (RFA) 

generally requires an agency to prepare 

a regulatory flexibility analysis of any 

rule subject to notice and comment 

rulemaking requirements under the 

Administrative Procedure Act or any 

other statute unless the agency certifies 

that the rule will not have a significant 

economic impact on a substantial 

number of small entities. Small entities 

include small businesses, small 

organizations, and small governmental 

jurisdictions. 

For purposes of assessing the impacts 

of this proposed rule on small entities, 

a small entity is defined as: (1) A small 

business that meet the definition for 

business based on SBA size standards 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-forprofit enterprise which is independently 

owned and operated and is not 

dominant in its field. 

After considering the economic 

impacts of today’s proposed rule on 

small entities, I certify that this action 

will not have a significant economic 

impact on a substantial number of small 

entities. In determining whether a rule 

has a significant economic impact on a 

substantial number of small entities, the 

impact of concern is any significant 

adverse economic impact on small 

entities, since the primary purpose of 

the regulatory flexibility analyses is to 

identify and address regulatory 

alternatives ‘‘which minimize any 

significant economic impact of the rule 

on small entities.’’ 5 U.S.C. 603 and 604. 

Thus, an agency may certify that a rule 

will not have a significant economic 

impact on a substantial number of small 

entities if the rule relieves regulatory 

burden, or otherwise has a positive 


jlentini on PROD1PC65 with PROPOSALS
Federal Register / Vol. 72, No. 80 / Thursday April 26, 2007 / Proposed Rules 20809 

economic effect on all of the small 

entities subject to the rule. 

This proposed rule would give an 

extension of time in which a temporary 

optional test duty cycle may be used. 

We have therefore concluded that 

today’s proposed rule will relieve 

regulatory burden for all affected small 

entities and will not have a significant 

economic impact on a substantial 

number of small entities if the rule. We 

continue to be interested in the 

potential impacts of the proposed rule 

on small entities and welcome 

comments on issues related to such 

impacts. 

D. Unfunded Mandates Reform Act 

This proposed rule contains no 

federal mandates for state, local, or 

tribal governments or the private sector 

as defined by the provisions of Title II 

of the UMRA. The proposed rule 

imposes no enforceable duties on any of 

these governmental entities. Nothing in 

the proposed rule would significantly or 

uniquely affect small governments. EPA 

has determined that this proposed rule 

contains no federal mandates that may 

result in expenditures of more than 

$100 million to the private sector in any 

single year. Thus, this rule is not subject 

to the requirements of sections 2020 and 

205 of the UMRA. This proposed rule 

merely gives an extension of time in 

which a temporary optional test duty 

cycle may be used. EPA has determined 

that this rule contains no regulatory 

requirements that might significantly or 

uniquely affect small governments. See 

the direct final rule EPA has published 

in the ‘‘Rules and Regulations’’ section 

of today’s Federal Register for a more 

extensive discussion of UMRA policy. 

E. Executive Order 13132: Federalism 

This proposed 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 proposed 

rule would give an extension of the time 

in which a temporary optional test duty 

cycle may be used. Thus, Executive 

Order 13132 does not apply to this rule. 

See the direct final rule EPA has 

published in the ‘‘Rules and 

Regulations’’ section of today’s Federal 

Register for a more extensive discussion 

of Executive Order 13132. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This proposed rule does not have 

tribal implications. It will not have 

substantial direct effects on tribal 

governments, on the relationship 

between the Federal government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal government and Indian tribes, 

as specified in Executive Order 13175. 

This proposed rule does not uniquely 

affect the communities of Indian Tribal 

Governments. Further, no circumstances 

specific to such communities exist that 

would cause an impact on these 

communities beyond those discussed in 

the other sections of this rule. This 

proposed rule would give an extension 

of the time in which a temporary 

optional test duty cycle may be used. 

Thus, Executive Order 13175 does not 

apply to this rule. See the direct final 

rule EPA has published in the ‘‘Rules 

and Regulations’’ section of today’s 

Federal Register for a more extensive 

discussion of Executive Order 13132. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

This proposed rule is not subject to 

the Executive Order because it is not 

economically significant, and does not 

involve decisions on environmental 

health or safety risks that may 

disproportionately affect children. See 

the direct final rule EPA has published 

in the ‘‘Rules and Regulations’’ section 

of today’s Federal Register for a more 

extensive discussion of Executive Order 

13045. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This proposed 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. This proposed rule would give 

an extension of the time in which a 

temporary optional test duty cycle may 

be used. 

I. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (‘‘NTTAA’’), Public Law No. 

104–113, 12(d) (15 U.S.C. 272 note) 

directs EPA to use voluntary consensus 

standards in its regulatory activities 

unless to do 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. 

This proposed rule does not involve 

technical standards. This proposed rule 

would merely give an extension of the 

time in which a temporary optional test 

duty cycle may be used. Therefore, EPA 

is not considering the use of any 

voluntary consensus standards. See the 

direct final rule EPA has published in 

the ‘‘Rules and Regulations’’ section of 

today’s Federal Register for a more 

extensive discussion of NTTAA policy. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

EPA has determined that this 

proposed rule will not have 

disproportionately high and adverse 

human health or environmental effects 

on minority or low-income populations 

because it does not affect the level of 

protection provided to human health or 

the environment. See the direct final 

rule EPA has published in the ‘‘Rules 

and Regulations’’ section of today’s 

Federal Register for a more extensive 

discussion of Executive Order 13045. 

K. Statutory Authority 

The statutory authority for this action 

comes from section 213 of the Clean Air 

Act as amended (42 U.S.C. 7547). This 

action is a notice of proposed 

rulemaking subject to the provisions of 

Clean Air Act section 307(d). See 42 

U.S.C. 7607(d). 

List of Subjects in 40 CFR Part 1051 

Environmental protection, Air 

pollution control, Exhaust emission 

testing, Recreational vehicle, All-terrain 

vehicle. 

Dated: April 19, 2007. 

Stephen L. Johnson, 

Administrator. 

[FR Doc. 07–2068 Filed 4–25–07; 8:45 am] 

BILLING CODE 6560–50–M 


jlentini on PROD1PC65 with PROPOSALS