Federal Register / Vol. 72, No. 61 / Friday, March 30, 2007 / Rules and Regulations 15049 

Distribution, or Use’’ (66 FR 28355 (May 

22, 2001)). This action merely approves 

changes to state law as meeting Federal 

requirements and imposes no additional 

requirements beyond those imposed by 

state law. Accordingly, the 

Administrator certifies that this rule 

will not have a significant economic 

impact on a substantial number of small 

entities under the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq.). Because this 

rule approves changes to state law and 

does not impose any additional 

enforceable duty beyond that required 

by state law, it does not contain any 

unfunded mandate or significantly or 

uniquely affect small governments, as 

described in the Unfunded Mandates 

Reform Act of 1995 (Pub. L. 104–4). 

This rule also does not have a 

substantial direct effect on one or more 

Indian tribes, 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 by Executive Order 13175 

(59 FR 22951, November 9, 2000), nor 

will it 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 (64 FR 43255, 

August 10, 1999), because it merely 

approves changes to state law 

implementing a Federal requirement, 

and does not alter the relationship or 

the distribution of power and 

responsibilities established in the Clean 

Air Act. This rule also is not subject to 

Executive Order 13045 ‘‘Protection of 

Children from Environmental Health 

and Safety Risks’’ (62 FR 19885, April 

23, 1997), because it finalizes approval 

of a state rule implementing a Federal 

Standard. 

In reviewing SIP submissions, EPA’s 

role is to approve state choices, 

provided that they meet the criteria of 

the Clean Air Act. In this context, in the 

absence of a prior existing requirement 

for the State to use voluntary consensus 

standards (VCS), EPA has no authority 

to disapprove a SIP submission for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a SIP submission, 

to use VCS in place of a SIP submission 

that otherwise satisfies the provisions of 

the Clean Air Act. Thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. This rule does 

not impose an information collection 

burden under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). 

The Congressional Review Act, 5 

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

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by May 29, 2007. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this rule for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Nitrogen 

oxides, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: March 20, 2007. 

Wayne Nastri, 

Regional Administrator, Region 9. 

■ Part 52, chapter I, title 40 of the Code 

of Federal Regulations are amended as 

follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart D—Arizona 

■ 2. Section 52.120 is amended by 

adding paragraphs (c)(133) and (c)(134) 

to read as follows: 

§ 52.120 Identification of plan. 

* * * * * 

(c) * * * 

(133) The following statute and plan 

were submitted on December 23, 2005 

by the Governor’s designee. 

(i) Incorporation by reference. 

(A) Arizona Revised Statutes. 

(1) Section 49–542 as amended in 

section 1 of the Arizona House Bill 

2357, 47th Legislature, 1st Regular 

Session (2005) and approved by the 

Governor on April 13, 2005. 

(ii) Additional material. 

(A) Arizona Department of 

Environmental Quality. 

(1) Final Arizona State 

Implementation Plan Revision, Basic 

and Enhanced Vehicle Emissions 

Inspection/Maintenance Programs 

(December 2005), adopted by the 

Arizona Department of Environmental 

Quality on December 23, 2005, 

excluding appendices. 

(134) The following plan was 

submitted on October 3, 2006 by the 

Governor’s designee. 

(i) Incorporation by reference. 

(A) Arizona Department of 

Environmental Quality. 

(1) September 2006 Supplement to 

Final Arizona State Implementation 

Plan Revision, Basic and Enhanced 

Vehicle Emissions Inspection/ 

Maintenance Programs, December 2005, 

adopted by the Arizona Department of 

Environmental Quality on October 3, 

2006, excluding appendices. 

[FR Doc. E7–5558 Filed 3–29–07; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

49 CFR Part 624 

[Docket No. FTA–2006–24708] 

RIN 2132–AA91 

Clean Fuels Grant Program 

AGENCY: Federal Transit Administration 

(FTA), DOT. 

ACTION: Final rule. 

SUMMARY: On June 9, 1998, the 

Transportation Equity Act for the 21st 

Century (TEA–21) was enacted 

requiring the Federal Transit 

Administration (FTA) to establish the 

Clean Fuels Formula Grant Program (the 

program). The program was developed 

to assist non-attainment and 

maintenance areas in achieving or 

maintaining the National Ambient Air 

Quality Standards for ozone and carbon 

monoxide (CO). Additionally, the 

program supports emerging clean fuel 

and advanced propulsion technologies 


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15050 Federal Register / Vol. 72, No. 61 / Friday, March 30, 2007 / Rules and Regulations 

for transit buses and markets for those 

technologies. Although the program was 

authorized as a formula grant program 

from its inception, Congress did not 

fund the program. The Safe, 

Accountable, Flexible, Efficient 

Transportation Equity Act: A Legacy for 

Users (SAFETEA–LU) changed the grant 

program from a formula-based to a 

discretionary grant program. The 

program, however, retains its initial 

purpose. FTA is publishing this final 

rule to revise the existing regulations to 

reflect the amendments made by 

SAFETEA–LU. 

DATES: This rule is effective April 30, 

2007. 

FOR FURTHER INFORMATION CONTACT: For 

program issues, Kimberly Sledge, Office 

of Program Management, (202) 366–

2053 (telephone); (202) 366–7951 (fax); 

or Kimberly.Sledge@dot.gov (e-mail). 

For legal issues, Scheryl Portee, Office 

of the Chief Counsel, (202) 366–4011 

(telephone); (202) 366–3809 (fax); or 

Scheryl.Portee@dot.gov (e-mail). 

SUPPLEMENTARY INFORMATION: 

Availability of the Final Rule 

You may download this rule from the 

Department’s Docket Management 

System (https://dms.dot.gov) by entering 

docket number 24708 in the search field 

or from the Government Printing 

Office’s Federal Register Main Page at 

http://www.gpoaccess.gov/fr/ 

index.html. Users may also download 

an electronic copy of this document 

using a modem and suitable 

communications software from the GPO 

Electronic Bulletin Board Service at 

(202) 512–1661. 

I. Background 

The Clean Fuels Formula Grant 

Program is a transit grant program 

established pursuant to Section 3008 of 

the Transportation Equity Act for the 

21st Century (TEA–21) as amended, 

Public Law 105–178, and codified at 49 

U.S.C. 5308. This legislation established 

the basic parameters of the program. 

Section 3010 of SAFTEA–LU, Public 

Law 109–59, (2005) changed the grant 

program from a formula-based to a 

discretionary grant program. 

In SAFETEA–LU, Congress earmarked 

approximately $18 million in FY 2006 

graduating to approximately $22 million 

in FY 2009 for specific projects. 

However, during the FY 2006 and FY 

2007 appropriations process, Congress 

transferred the remaining clean fuels 

program funds not earmarked pursuant 

to SAFETEA–LU to the Bus and Bus 

Facilities Program. Thus, there are no 

discretionary funds available for the 

Clean Fuels Program to date. The focus 

of this rulemaking is to revise 49 CFR 

Part 624 to reflect the amendments 

made by SAFETEA–LU establishing a 

discretionary program and ensuring 

procedures are in place when funding is 

provided for the program. This final rule 

also addresses criteria for the allocation 

of discretionary program funds, issues 

raised in the NPRM and the comments 

made in response to the NPRM. 

II. Discussion of Comments 

FTA received a total of two comments 

to this rulemaking. We discuss the 

comments received and explain any 

changes made to the regulations in the 

following paragraphs. FTA considered 

all comments filed. Each commenter 

expressed support for the rulemaking 

while offering recommendations to 

improve this statutory program. A 

written copy of each comment is 

available at the DOT Docket Manager’s 

Web site: http://www.dms.dot.gov. 

1. American Public Transportation 

Association (APTA) indicates that it 

agrees with FTA’s approach to flexible 

eligibility and selection criteria for 

implementation of the regulation. APTA 

suggested that FTA publish proposed 

annual criteria in conjunction with the 

annual ‘‘apportionment and allowances 

notice,’’ which includes FTA 

programmatic changes. APTA believed 

that such a procedure would allow 

public comment on the criteria prior to 

the Federal Register Notice of Funding 

Availability, thus permitting the latter 

announcement to be limited to 

solicitation of grant applications based 

on already publicly vetted criteria. 

2. Metro Regional Transit Authority of 

Akron, Ohio (Metro) expresses support 

for the majority of the proposed changes 

to the Clean Fuels Grant Program as an 

improvement to the overall initiative. 

Metro recommends that the total project 

cost should be an eligible federal 

expense for those projects that have an 

evaluation and dissemination 

component, in order to encourage 

additional research and development of 

alternative fuels. Metro recommends 

that FTA only fund truly alternative 

energy sources such as hydrogen fuel 

cells stating that other projects will 

continue dependence on fossil fuel and 

foreign oil. 

Metro believes that ‘‘clean diesel 

buses’’ are not an appropriate 

expenditure for this program and that 

these buses should be purchased with 

Congestion Mitigation Air Quality or 

section 5307 funds. The Clean Fuels 

program should focus its limited 

resources on projects that can be 

replicated or advance the technology for 

buses. Another recommendation by 

Metro is that FTA consider the reporting 

evaluation proposal as part of the grant 

process, including a pure science 

component for each funded project. 

III. Section by Section Analysis 

In this section, FTA provides a 

section by section analysis and 

comments in response where 

applicable. 

A. Eligible Recipients 

As noted in the NPRM, SAFETEA–LU 

amended the term ‘‘recipient’’ to now 

include smaller urbanized areas with 

populations of less than 200,000. 

Accordingly, we are amending section 

624.1 to define eligible applicants as (1) 

designated recipients, as defined in 49 

U.S.C. 5307(a)(2); and (2) recipients in 

urbanized areas with populations of less 

than 200,000. 

A ‘‘designated recipient’’ is an entity 

designated to receive Federal urbanized 

formula funds under 49 U.S.C. 5307, in 

accordance with the applicable 

metropolitan and statewide 

transportation planning processes, by 

the chief executive officer of a State, 

responsible local officials, and publicly 

owned operators of public 

transportation. For an urbanized area 

with a population of less than 200,000, 

however, SAFETEA–LU requires the 

smaller urbanized area’s respective State 

to act as the recipient. 

Further, all recipients must meet one 

of the following criteria: (1) Be 

designated as an ozone or carbon 

monoxide (CO) nonattainment area as 

established by section 107(d) of the 

Clean Air Act (42 U.S.C. 7407(d)); or (2) 

be designated as a maintenance area for 

ozone or CO. A maintenance area is a 

previously designated nonattainment 

area that has been redesignated to 

attainment status by the U.S. 

Environmental Protection Agency 

(EPA). 

B. Eligible Activity 

A commenter indicated that 

additional criteria not found in the 

statute should also be considered. FTA 

is not permitted to expand the selection 

criteria beyond that found in the statute. 

For similar reasons, FTA may not 

restrict vehicles that use clean diesel as 

an eligible activity as recommended by 

the commenter. Further, a commenter 

suggested that an experimental project 

should receive Federal funds at the 

100% level. FTA has no statutory 

authority to support 100% funding of 

total project costs of eligible activities. 

The final rule contains the funding 

share for eligible projects that complies 

with the requirements of 49 U.S.C. 5308 

and the Clean Air Act. 


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FTA is amending section 624.3 in 

paragraph (a) and removes paragraphs 

(c)(4) and (c)(5) to exclude repowering 

and retrofitting of pre-1993 buses. Both 

activities were specifically authorized as 

eligible projects under TEA–21; 

however, SAFETEA–LU repealed those 

provisions. Accordingly, we have 

determined that such activities cannot 

be authorized under this program. In 

addition, we amend paragraph (c) by 

renumbering the current paragraph 

(c)(6) as a new (c)(3), and adding new 

paragraphs (c)(4), (5), and (6) to reflect 

SAFETEA–LU amendments applicable 

to eligible projects. 

a. We are amending paragraph (a) to 

reflect the provisions in 49 U.S.C. 

5323(i), which SAFETEA–LU amended 

to include facilities as well as vehicles. 

Accordingly, the Federal share for 

eligible projects cannot exceed 90 

percent of the net cost to comply with 

or maintain compliance with the Clean 

Air Act. Further, the Administrator is 

authorized to administratively 

determine the net cost of such 

equipment or facilities attributable to 

compliance with the Clean Air Act. FTA 

has administratively determined that 

the composite Federal share for vehicles 

and vehicle related equipment shall be 

83 percent. For facilities, however, the 

90 percent share would apply to the 

actual incremental costs of 

improvements for compliance with the 

Clean Air Act and recipients would be 

requested to provide supporting 

documentation. 

We noted in the NPRM that the 

President’s Budget for Fiscal Year 2007 

proposed that FTA grants awarded 

during Fiscal Years 2007 and 2008 

should reflect 100 percent of the net 

capital costs of factory-installed or 

retrofitted hybrid-electric propulsion 

systems and any equipment related to 

such systems. This budget proposal 

provided for administrative discretion 

to determine costs attributable to such 

systems and related-equipment. This 

provision was not included in the FY 

2007 appropriations legislation, and 

therefore not authorized. 

Paragraph (c)(5) of section 624.3 is 

amended to reflect the statutory 

mandate under section 5308(c) that not 

more than 25 percent of the funds 

available to carry out the clean fuels 

program each fiscal year may be made 

available to fund clean diesel buses. On 

January 18, 2001, EPA published a final 

rule establishing a comprehensive 

national control program to regulate 

heavy-duty vehicles and its fuel as a 

single system. As part of this program, 

new emission standards will start to 

take effect in model year 2007, and will 

apply to heavy-duty highway engines 

and vehicles. These standards are based 

on the use of high-efficiency catalytic 

exhaust emission control devices or 

comparably effective advanced 

technologies. The EPA standards are 

codified at 40 CFR Parts 69, 80, and 86. 

(See 66 FR 5001 (January 18, 2001).). 

Accordingly, FTA interprets ‘‘clean 

diesel’’ to mean diesel engines certified 

to meet EPA’s heavy-duty engine 

emissions standards for model-years 

2007 and later. 

The final rule amends paragraph 

(c)(6) of section 624.3 to reflect that 

funds designated for eligible projects 

will remain available for obligation for 

three fiscal years, which includes the 

year of appropriation plus two 

additional fiscal years. 

C. Application Process 

Since the program is now a 

discretionary grant program, the preapplication included in Appendix A no 

longer applies. Accordingly, we are 

removing Appendix A from Part 624 

and revising section 624.5 to reflect that 

applications will be requested in a 

Federal Register notice each fiscal year 

that discretionary funds are provided by 

Congress for the program. FTA 

considered a comment to change the 

procedures but determined that since 

technological innovations continue to 

evolve, we believe the criteria for 

selecting eligible projects should be 

flexible. Accordingly, we are revising 

section 624.5 to reflect general criteria 

for selection of eligible projects. More 

specific selection criteria may be 

published in the Federal Register with 

a Notice of Funding Availability each 

fiscal year that discretionary funding is 

provided by Congress for the program. 

D. Certifications 

We retain the current certification 

process in section 624.7. Each vehicle 

purchased with a grant under this 

program will be operated by the grantee 

using only clean fuels. The certification 

will be included with the Federal 

Register notice announcing our annual 

certifications and assurances. This is 

consistent with our policy of one-stop 

filing for all required certifications and 

assurances. Transit operators planning 

to apply for the Clean Fuels Grant 

Program would indicate compliance 

with this certification when submitting 

the annual certifications and assurances. 

Additionally, grantees purchasing or 

leasing ‘‘clean diesel’’ buses must certify 

that the buses would be operated using 

only ultra-low-sulfur diesel fuel. 

E. Statutory Cross-Cutting Requirements 

Since the program is now a 

discretionary grant program, we are 

amending section 624.9 by removing the 

grant formula because it no longer 

applies. Section 5308, as amended by 

SAFETEA–LU, requires that a grant 

under this program be subject to the 

applicable requirements of 49 U.S.C. 

5307. Accordingly, we are amending 

section 624.9 by inserting the applicable 

statutory requirements from 49 U.S.C. 

5307. Many of these requirements are 

also contained in FTA Circular 9030.1C, 

which is available on the FTA website 

at (http://www.fta.dot.gov). 

Further, all FTA grants provided 

under chapter 53 of title 49 of the 

United States Code are subject to 

applicable requirements of the FTA 

Master Agreement (MA), which is 

incorporated by reference in the grant 

agreement. Additional project 

management guidelines and 

requirements may also be found in FTA 

Circular 5010.1C. This Circular and the 

MA are also available on the FTA Web 

site at (http://www.fta.dot.gov). 

F. Reporting 

With respect to the comment on 

reporting as part of the grant process, 

FTA is interested in program level 

evaluation. We will use these reporting 

components to analyze national 

programmatic effects. However, we 

encourage local areas to use criteria that 

best suits their local needs. 

As FTA supports the development 

and deployment of clean fuel and 

advanced propulsion technologies for 

transit buses, we remain interested in 

collecting relevant information on the 

operations and performance of these 

clean fuel technology buses to help 

assess the reliability, benefits, and costs 

of certain technologies compared to 

conventional vehicle technologies. 

Accordingly, FTA retains the reporting 

requirements in section 624.11, which 

require grantees receiving program 

funds for hybrid electric, battery 

electric, and fuel cell vehicles to 

provide information to us on the 

operations, performance, and 

maintenance of those vehicles 

purchased or leased with program 

funds. 

We have determined, however, that 

semiannual instead of quarterly 

reporting for the first three years of the 

useful life of the vehicle is sufficient for 

this objective; thus, we are providing 

administrative relief by extending the 

reporting requirements in section 624.11 

from quarterly to semiannually. 

Submission of data on the operation of 

the vehicle beyond the three-year period 

would continue to be voluntary. 

Likewise, we encourage transit 

agencies acquiring other types of 

alternative fuel buses (e.g., compressed 


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natural gas (CNG), liquefied natural gas 

(LNG), liquefied petroleum gas (LPG), 

etc.) to voluntarily report similar 

information. However, recipients 

acquiring clean diesel vehicles are not 

required to report the data requested 

under section 624.11 because we believe 

that sufficient information about this 

technology has been compiled. 

FTA will be requesting from the 

Office of Management and Budget 

(OMB) under the Paperwork Reduction 

Act approval to collect information from 

recipients receiving Federal financial 

assistance under the Clean Fuels 

program. We intend to collect 

information such as vehicle miles 

traveled, fuel costs, vehicle fuel/energy 

consumption and oil consumption, road 

calls or breakdowns resulting from clean 

fuel and advanced propulsion 

technology systems, and maintenance 

costs associated with these systems. 

Data collected will be used to provide 

more accurate information to transit 

agencies for future clean fuel and 

advanced propulsion vehicle 

acquisitions. 

IV. Regulatory Analyses and Notices 

Executive Order 12866 

Under Executive Order 12866, the 

Department of Transportation (DOT) 

must examine whether this rule is a 

‘‘significant regulatory action.’’ A 

significant regulatory action is subject to 

OMB review and the requirements of 

the Executive Order (E.O.). E.O. 12866 

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 $120 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 E.O. 

This rule amends an existing grant 

program and is not expected to impose 

any new compliance costs. Specifically, 

we are amending the existing program 

from a formula program to a 

discretionary grant program in 

accordance with section 3010 of 

SAFETEA–LU. We believe that the 

industry costs and benefits of the Clean 

Fuels Grant Program do not warrant 

designating this as a significant rule 

under E.O. 12866 because it involves 

grant application procedures and will 

not cost more than $120 million 

annually. Additionally, we provide 

administrative relief in the reporting 

criteria by decreasing the reporting 

period from quarterly to semiannually. 

For these reasons, we have determined 

that this rule is a no significant 

regulatory action under section 3(f) of 

E.O. 12866. Accordingly, it has not been 

reviewed by OMB. 

Executive Order 13132 

This rule has been analyzed in 

accordance with the principles and 

criteria contained in E.O. 13132 

(Federalism). This rule does not include 

any provisions that have substantial 

direct effect on the States, the 

relationship between the national 

government and the States, or the 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, the 

consultation and funding requirements 

of E.O. 13132 do not apply because this 

rule only sets forth application 

procedures for an existing formula grant 

program that has been statutorily 

amended to a discretionary grant 

program. 

Executive Order 13175 

This rule has been analyzed in 

accordance with the principles and 

criteria of E.O. 13175 (Consultation and 

Coordination with Indian Tribal 

Governments). Because the proposal 

does not have tribal implications and 

does not impose direct compliance 

costs, the funding and consultation 

requirements of E.O. 13175 do not 

apply. 

Executive Order 13272 and the 

Regulatory Flexibility Act 

The Regulatory Flexibility Act (5 

U.S.C. 601–612), requires each agency to 

analyze regulations and proposals to 

assess their impact on small businesses 

and other small entities to determine 

whether the rule or proposal will have 

a significant economic impact on a 

substantial number of small entities. 

We evaluated the effects of this rule 

on small entities and determined that it 

will not have a significant effect on a 

substantial number of small entities. 

This rule imposes no new costs because 

it merely modifies the application 

procedures for an existing grant 

program. 

Paperwork Reduction Act 

This rule includes information 

collection requirements subject to the 

Paperwork Reduction Act. OMB 

previously approved our information 

collection request under the Clean Fuels 

Formula Grant Program, 2132–0560. 

However, that approval expired on 

August 31, 2003, because funding was 

not allocated for the program. 

Since Congress may provide funding 

in future fiscal years, we will submit a 

new information collection request to 

OMB. The affected public under this 

rulemaking remains public 

transportation providers who apply for 

Federal funds under this program. Our 

new information collection request will 

not include any new reporting 

requirements. In fact, the rule decreases 

reporting because we modify the 

reporting period from quarterly to 

semiannually. 

Unfunded Mandates Reform Act of 1995 

This rule does not propose unfunded 

mandates under the Unfunded 

Mandates Reform Act of 1995. The rule 

will not result in costs of $100 million 

or more (adjusted for inflation), in the 

aggregate, to any of the following: State, 

local, or Native American tribal 

governments, or the private sector. 

National Environmental Policy Act 

The National Environmental Policy 

Act of 1969, (42 U.S.C. 4321–4347), 

requires Federal agencies to consider 

the consequences of major federal 

actions and prepare a detailed statement 

on actions significantly affecting the 

quality of the human environment. 

Since this rule promotes the use of clean 

fuels in vehicles used for public 

transportation, it potentially may have a 

positive impact on the environment. 

Alternatively, there are no significant 

environmental impacts associated with 

this proposed rule. 

List of Subjects in 49 CFR Part 624 

Grant Programs—Transportation, 

Public transportation, Reporting and 

record keeping requirements. 

■ For the reasons set forth in the 

preamble, FTA amends 49 CFR part 624 

as follows: 

PART 624—CLEAN FUELS GRANT 

PROGRAM 

■ 1. The authority citation for part 624 

is revised to read as follows: 

Authority: 49 U.S.C. 5308; 49 U.S.C. 

5334(a); 49 CFR 1.51. 

■ 2. The heading to part 624 is revised 

to read as set forth above. 

■ 3. Revise § 624.1 to read as follows: 

§ 624.1 Eligible applicant. 

(a) An eligible applicant is: 


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Federal Register / Vol. 72, No. 61 / Friday, March 30, 2007 / Rules and Regulations 15053 

(1) A designated recipient (designated 

recipient has the same meaning as in 49 

U.S.C. 5307(a)(2)); or 

(2) A recipient for an urbanized area 

with a population of less than 200,000 

(smaller urbanized area). The State in 

which the smaller urbanized area is 

located shall act as the recipient. 

(b) An eligible applicant, as defined in 

paragraph (a) of this section, shall 

operate in an area that is either: 

(1) An ozone or carbon monoxide 

nonattainment area as specified under 

section 107(d) of the Clean Air Act (42 

U.S.C. 7407(d)); or 

(2) A maintenance area for ozone or 

carbon monoxide. 

■ 4. Amend § 624.3 by revising 

paragraph (a) and (c) (3) through (6) to 

read as follows: 

§ 624.3 Eligible activities. 

(a) Eligible activities include 

purchasing or leasing clean fuel buses 

and constructing new or improving 

existing public transportation facilities 

to accommodate clean fuel buses. 

* * * * * 

(c) * * * 

(3) At the discretion of the 

Administrator, projects relating to clean 

fuel, biodiesel, hybrid electric, or zero 

emissions technology buses that exhibit 

equivalent or superior emissions 

reductions to existing clean fuel or 

hybrid electric technologies. 

(4) The Federal share for eligible 

activities undertaken for the purpose of 

complying with or maintaining 

compliance with the Clean Air Act 

under this program shall be limited to 

90 percent of the net (incremental) cost 

of the activity. 

(i) The Administrator may exercise 

discretion and determine the percentage 

of the Federal share for eligible 

activities to be less than 90 percent. 

(ii) An administrative determination 

per this subsection will be published in 

accordance with § 624.5(a). 

(5) Funding for clean diesel buses 

shall be limited to not more than 25 

percent of the amount made available 

each fiscal year to carry out the 

program. 

(6) Any amount made available for 

this section shall remain available to an 

eligible activity for two years after the 

fiscal year for which the amount is 

provided. Any amount that remains 

unobligated at the end of the three-yearperiod shall be added to the amount 

made available to carry out the program 

in the following fiscal year. 

■ 5. Revise § 624.5 to read as follows: 

§ 624.5 Application process. 

(a) FTA shall publish a Notice of 

Funding Availability in the Federal 

Register each fiscal year that funding is 

made available for the Clean Fuels 

program. The notice shall provide the 

criteria by which the eligible projects 

will be evaluated for selection and the 

Administrator’s determination of the net 

Federal share for projects funded under 

this Part. 

(b) The Administrator shall determine 

the criteria for selecting proposed 

projects for funding, which may 

include, but are not limited to the 

following factors: 

(1) Whether the proposed project is a 

transportation control measure in an 

approved State Implementation Plan; 

(2) The benefits of the proposed 

project in reducing transportationrelated pollutants; 

(3) Consistency with the recipient’s 

fleet management plan; 

(4) The applicant’s ability to 

implement the project and facilities to 

maintain and fuel the proposed 

vehicles; 

(5) The applicant’s coordination of the 

proposed project with other public 

transportation entities or other related 

projects within the applicant’s 

Metropolitan Planning Organization or 

the geographic region within which the 

proposed project will operate. 

(6) The proposed project’s ability to 

support emerging clean fuels 

technologies or advanced technologies 

for transit buses. 

■ 6. Revise § 624.9 to read as follows: 

§ 624.9 Grant requirements. 

A grant under this section shall be 

subject to the following requirements of 

49 U.S.C. 5307(d): 

(a) General. All recipients shall 

maintain and report financial and 

operating information on an annual 

basis, as prescribed in 49 CFR part 630, 

and the most recent National Transit 

Database Reporting Manual. 

(b) Labor standards. As a condition of 

financial assistance under 49 U.S.C. 

5308, the interests of employees affected 

by the assistance shall be protected 

under arrangements that the Secretary of 

Labor concludes are fair and equitable. 

(c) Satisfactory continuing control. An 

FTA grantee shall: 

(1) Maintain control over federally 

funded property; 

(i) Ensure that it is used in transit 

service; and 

(ii) Dispose of it in accordance with 

Federal requirements. 

(2) Under this paragraph (c), if the 

grantee leases federally funded property 

to another party, the lease must provide 

the grantee satisfactory continuing 

control over the use of that property as 

determined in two areas: real property 

(land) and facilities; and personal 

property (equipment and rolling stock, 

both revenue and non-revenue). 

(d) Maintenance. The grant applicant 

shall certify annually that pursuant to 

49 U.S.C. 5307(d)(1)(C), it will maintain 

(federally funded) facilities and 

equipment. In addition, the grantee 

shall keep equipment and facilities 

acquired with Federal assistance in 

good operating order, which includes 

maintenance of rolling stock (revenue 

and non-revenue), machinery and 

equipment, and facilities. 

(e) Rates charged elderly and persons 

with disabilities during nonpeak hours. 

In accordance with 49 U.S.C. 

5307(d)(1)(D), the grant applicant shall 

certify that the rates charged the elderly 

and persons with disabilities during 

nonpeak hours for fixed-route 

transportation using facilities and 

equipment financed with Federal 

assistance from FTA will not exceed 

one-half of the rates generally applicable 

to other persons at peak hours, whether 

the operation is by the applicant or by 

another entity under lease or otherwise. 

(f) Use of competitive procurements. 

Pursuant to 49 U.S.C. 5307(d)(1)(E), the 

grant applicant shall certify that it will 

use competitive procurements and will 

not use procurements employing 

exclusionary or discriminatory 

specifications. 

(g) Compliance with Buy America 

provisions. The grant applicant shall 

certify that in carrying out a 

procurement authorized for this 

program, the applicant will comply with 

applicable Buy America laws. 

(h) Certification that local funds are 

available for the project. The grant 

applicant shall certify that the local 

funds are or will be available to carry 

out the project. 

(i) Compliance with national policy 

concerning elderly persons and 

individuals with disabilities. The grant 

applicant shall certify that it will 

comply with the requirements of 49 

U.S.C. 5301(d) concerning the rights of 

elderly persons and persons with 

disabilities. 

(j) FTA Master Agreement. The grant 

applicant shall comply with applicable 

provisions of the FTA Master 

Agreement which is incorporated by 

reference in the grant agreement. 

■ 7. Amend § 624.11 by revising 

paragraph (a) introductory text and 

paragraph (c) to read as follows: 

§ 624.11 Reporting. 

(a) Recipients of financial assistance 

under 49 U.S.C. 5308 who purchase or 

lease hybrid electric, battery electric and 

fuel cell vehicles shall report 

semiannually the following information 

to the appropriate FTA Regional Office 


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15054 Federal Register / Vol. 72, No. 61 / Friday, March 30, 2007 / Rules and Regulations 

for the first three years of the useful life 

of the vehicle: 

* * * * * 

(c) Recipients of financial assistance 

under 49 U.S.C. 5308 that purchase or 

lease clean diesel vehicles are not 

required to report information beyond 

FTA grant reporting requirements for 

capital projects. 

Appendix A to Part 624 [Removed] 

■ 8. Remove Appendix A to Part 624. 

Issued in Washington, DC, this 26th day of 

March 2007. 

James S. Simpson, 

Administrator. 

[FR Doc. E7–5879 Filed 3–29–07; 8:45 am] 

BILLING CODE 4910–57–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 070213032–7032–01; I.D. 

032607F] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pollock in Statistical 

Area 620 of the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for pollock in Statistical Area 

620 of the Gulf of Alaska (GOA). This 

action is necessary to prevent exceeding 

the B season allowance of the 2007 total 

allowable catch (TAC) of pollock for 

Statistical Area 620 of the GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), March 27, 2007, through 

1200 hrs, A.l.t., August 25, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Hogan, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

GOA exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Gulf of 

Alaska (FMP) prepared by the North 

Pacific Fishery Management Council 

under authority of the MagnusonStevens Fishery Conservation and 

Management Act. Regulations governing 

fishing by U.S. vessels in accordance 

with the FMP appear at subpart H of 50 

CFR part 600 and 50 CFR part 679. 

The B season allowance of the 2007 

TAC of pollock in Statistical Area 620 

of the GOA is 8,924 metric tons (mt) as 

established by the 2007 and 2008 

harvest specifications for groundfish of 

the GOA (72 FR 9676, March 5, 2007). 

In accordance with § 679.20(a)(5)(iv)(B) 

the Administrator, Alaska Region, 

NMFS (Regional Administrator), hereby 

increases the B season pollock 

allowance by 1,785 mt, the remaining 

amount of the A season allowance for 

pollock in Statistical Area 620. 

Therefore, the revised B season 

allowance of the pollock TAC in 

Statistical Area 620 is therefore 10,709 

mt (8,924 mt plus 1,785 mt). 

In accordance with § 679.20(d)(1)(i), 

the Regional Administrator has 

determined that the B season allowance 

of the 2007 TAC of pollock in Statistical 

Area 620 of the GOA will soon be 

reached. Therefore, the Regional 

Administrator is establishing a directed 

fishing allowance of 10,659 mt, and is 

setting aside the remaining 50 mt as 

bycatch to support other anticipated 

groundfish fisheries. In accordance with 

§ 679.20(d)(1)(iii), the Regional 

Administrator finds that this directed 

fishing allowance has been reached. 

Consequently, NMFS is prohibiting 

directed fishing for pollock in Statistical 

Area 620 of the GOA. 

After the effective date of this closure 

the maximum retainable amounts at 

§ 679.20(e) and (f) apply at any time 

during a trip. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA 

(AA), finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) as such requirement is 

impracticable and contrary to the public 

interest. This requirement is 

impracticable and contrary to the public 

interest as it would prevent NMFS from 

responding to the most recent fisheries 

data in a timely fashion and would 

delay the closure of pollock in 

Statistical Area 620 of the GOA. NMFS 

was unable to publish a notice 

providing time for public comment 

because the most recent, relevant data 

only became available as of March 26, 

2007. 

The AA also finds good cause to 

waive the 30 day delay in the effective 

date of this action under 5 U.S.C. 

553(d)(3). This finding is based upon 

the reasons provided above for waiver of 

prior notice and opportunity for public 

comment. 

This action is required by § 679.20 

and is exempt from review under 

Executive Order 12866. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: March 26, 2007. 

James P. Burgess, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 07–1579 Filed 3–27–07; 3:07 pm] 

BILLING CODE 3510–22–S 


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