Federal Register / Vol. 72, No. 98 / Tuesday, May 22, 2007 / Rules and Regulations 28619 

Flooding source(s) Location of referenced elevation 

*Elevation in feet 

(NGVD) 

+Elevation in feet 

(NAVD) 

# Depth in feet 

above ground. 

Modified 

Communities affected 

Guadalupe River ........... Approximately 2500 feet upstream from Confluence with Long Creek.+558 City of Braunfels. 

At East County Line Road ................................. +598 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

ADDRESSES 

City of New Braunfels 

Maps are available for inspection at 424 South Castell, New Braunfels, TX 78130. 

Send comments to The Honorable Bruce Boyer, Mayor, City of New Braunfels, 424 South Castell, New Braunfels, TX 78130. 

City of Selma 

Maps are available for inspection at 9375 Corporate Dr, Selma, TX 78154. 

Send comments to The Honorable James Parma, Mayor, City of Selma, 9375 Corporate Dr, Schertz, TX 78154. 

Catalog of Federal Domestic Assistance No. 

83.100, ‘‘Flood Insurance.’’) 

Dated: May 11, 2007. 

David I. Maurstad, 

Federal Insurance Administrator of the 

National Flood Insurance Program, Federal 

Emergency Management Agency, Department 

of Homeland Security. 

[FR Doc. E7–9783 Filed 5–21–07; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Part 531 

[Docket No. NHTSA–2006–25593] 

Exemptions From Average Fuel 

Economy Standards; Passenger 

Automobile Average Fuel Economy 

Standards 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Final decision to grant 

exemption. 

SUMMARY: This final decision responds 

to a petition filed by Spyker 

Automobielen B.V. (Spyker) requesting 

that it be exempted from the generally 

applicable average fuel economy 

standard of 27.5 miles per gallon (mpg) 

for model years 2006 and 2007, and 

that, for Spyker, lower alternative 

standards be established. In this 

document, NHTSA establishes an 

alternative average fuel economy 

standard for Spyker of 18.9 mpg for MYs 

2006 and 2007. 

DATES: Effective Date: June 21, 2007. 

This exemption and the alternative 

standards apply to Spyker for MYs 2006 

and 2007. 

Petitions for reconsideration: Petitions 

for reconsideration must be received no 

later than June 21, 2007. 

ADDRESSES: You may submit comments 

by any of the following methods: 

• Web Site: http://dms.dot.gov. 

Follow the instructions for submitting 

comments on the DOT electronic docket 

site. 

• Fax: 1–202–493–2251. 

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 400 

Seventh Street, SW., Nassif Building, 

Room PL–401, Washington, DC 20590–

001. 

• Hand Delivery: Room PL–401 on 

the plaza level of the Nassif Building, 

400 Seventh Street, SW., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

• Federal eRulemaking Portal: Go to 

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

online instructions for submitting 

comments. 

Instructions: All submissions must 

include the agency name and docket 

number or Regulatory Identification 

Number (RIN) for this rulemaking. For 

detailed instructions on submitting 

comments and additional information 

on the rulemaking process, see the 

Request for Comments heading of the 

Supplementary Information section of 

this document. Note that all comments 

received will be posted without change 

to http://dms.dot.gov, including any 

personal information provided. Please 

see the Privacy Act heading under 

Rulemaking Analyses and Notices. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

dms.dot.gov at any time or to Room PL–

401 on the plaza level of the Nassif 

Building, 400 Seventh Street, SW., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: For 

technical issues, contact Ken Katz, Lead 

Engineer, Fuel Economy Division, 

Office of International Vehicle, Fuel 

Economy, and Consumer Standards, at 

(202) 366–0846, facsimile (202) 493–

2290, electronic mail 

kkatz@nhtsa.dot.gov. For legal issues, 

contact Stephen Wood of the Office of 

the Chief Counsel, at (202) 366–2992. 

SUPPLEMENTARY INFORMATION: 

Statutory Background 

Pursuant to 49 U.S.C. section 

32902(d), NHTSA may exempt a low 

volume manufacturer of passenger 

automobiles from the generally 

applicable average fuel economy 

standards if NHTSA concludes that 

those standards are more stringent than 

the maximum feasible average fuel 

economy for that manufacturer and if 

NHTSA establishes an alternative 

standard for that manufacturer at its 

maximum feasible level. Under the 

statute, a low volume manufacturer is 

one that manufactured (worldwide) 

fewer than 10,000 passenger 

automobiles in the second model year 

before the model year for which the 

exemption is sought (the affected model 

year) and that will manufacture fewer 

than 10,000 passenger automobiles in 

the affected model year. In determining 

the maximum feasible average fuel 

economy, the agency is required under 

49 U.S.C. 32902(f) to consider: 

(1) Technological feasibility. 

(2) Economic practicability. 

(3) The effect of other Federal motor 

vehicle standards on fuel economy, and 


cprice-sewell on PRODPC61 with RULES
28620 Federal Register / Vol. 72, No. 98 / Tuesday, May 22, 2007 / Rules and Regulations 

(4) The need of the United States to 

conserve energy. 

The statute permits NHTSA to 

establish alternative average fuel 

economy standards applicable to 

exempted low volume manufacturers in 

one of three ways: (1) A separate 

standard for each exempted 

manufacturer; (2) a separate average fuel 

economy standard applicable to each 

class of exempted automobiles (classes 

would be based on design, size, price, 

or other factors); or (3) a single standard 

for all exempted manufacturers. 

Proposed Decision and Public Comment 

This final decision was preceded by a 

proposal announcing the agency’s 

tentative conclusion that Spyker should 

be exempted from the generally 

applicable MY 2006 and 2007 passenger 

automobile average fuel economy of 

27.5 mpg and that alternative standards 

of 18.9 mpg for MYs 2006 and 2007 be 

established for Spyker. (71 FR 49407; 

August 23, 2006). The agency received 

only one comment, from a Ms. Barb 

Sachau, who argued that all vehicles 

should get higher gas mileage and that 

the exemption for Spyker should not be 

granted unless Spyker’s vehicles were 

able to obtain 100 mpg. 

NHTSA has decided not to adopt Ms. 

Sachau’s recommendation. NHTSA’s 

proposed decision presented several 

reasons why it would not be 

technologically feasible or economically 

practicable for Spyker to improve the 

fuel economy of its MY 2006 and 2007 

vehicles above an average of 18.9 mpg. 

Ms. Sachau did not refute the agency’s 

reasoning or provide a technical 

evaluation of how a standard of 100 

mpg for MYs 2006 and 2007 would be 

technologically feasible or economically 

practicable for Spyker. Thus, the agency 

has no basis to adopt Ms. Sachau’s 

recommendation. 

NHTSA Final Determination 

Therefore, the agency is adopting the 

tentative conclusions set forth in the 

proposed decision as its final 

conclusions, for the reasons set forth in 

the proposed decision. Based on these 

conclusions, the maximum average fuel 

economy for Spyker is 18.9 mpg for 

MYs 2006 and 2007. NHTSA has 

determined that other Federal motor 

vehicle standards will not affect 

achievable fuel economy beyond the 

extent considered in the proposed 

decision and that the national effort to 

conserve energy will not be affected by 

granting this exemption. NHTSA hereby 

exempts Spyker from the generally 

applicable MY 2006 and 2007 passenger 

automobile average fuel economy of 

27.5 mpg and establishes an alternative 

standard of 18.9 mpg for MYs 2006 and 

2007 for Spyker. 

Regulatory Impact Analyses 

NHTSA has analyzed this decision 

and determined that neither Executive 

Order 12866 nor the Department of 

Transportation’s regulatory policies and 

procedures apply. Under Executive 

Order 12866, the decision would not 

establish a ‘‘rule,’’ which is defined in 

the Executive Order as ‘‘an agency 

statement of general applicability and 

future effect.’’ Since this decision would 

apply only to Spyker, as discussed in 

this notice, it is not a ‘‘rule’’ under the 

definition. Under DOT regulatory 

policies and procedures, the decision is 

not a ‘‘significant regulation.’’ If 

Departmental policies and procedures 

were applicable, the agency would have 

determined that this decision is not 

significant. The principal impact of this 

decision is that the exempted company 

will not be required to pay civil 

penalties if its maximum feasible 

average fuel economy were achieved, 

and that purchasers of those vehicles 

would not have to bear the burden of 

those civil penalties in the form of 

higher prices. Since this decision sets an 

alternative standard at the level 

determined to be the maximum feasible 

for Spyker for MYs 2006 and 2007, no 

fuel would be saved by establishing a 

higher alternative standard. 

NHTSA finds in the Section on ‘‘The 

Need of the United States to Conserve 

Energy’’ that because of the small size 

of the Spyker fleet, that incremental 

usage of gasoline by Spyker’s customers 

would not affect the United States’ need 

to conserve gasoline. Spyker plans to 

import a maximum of 112 vehicles to 

the U.S. market by MY 2007. Given that 

over 8,350,000 passenger cars were 

produced for sale in the U.S. market in 

MY 2006, Spyker’s importation of these 

vehicles would amount to .001% of the 

U.S. market. Thus, the impact for the 

public at large is minimal. 

The agency has also considered the 

environmental implications of this 

decision in accordance with the 

National Environmental Policy Act 

(NEPA) and determined that it does not 

significantly affect the human 

environment. Regardless of the fuel 

economy of the exempted vehicles, they 

must pass the emissions standards 

which measure the amount of emissions 

per mile traveled. Thus, the quality of 

the air is not affected by the alternative 

standards. Further, since the exempted 

passenger automobiles cannot achieve 

better fuel economy than provided, the 

decision does not affect the amount of 

fuel used. 

List of Subjects in 49 CFR Part 531 

Energy conservation, Gasoline, 

Imports, Motor Vehicles. 

■ In consideration of the foregoing, 49 

CFR part 531 is amended as follows: 

PART 531—[AMENDED] 

■ 1. The authority citation for part 531 

is revised to read as follows: 

Authority: 49 U.S.C. 32902, delegation of 

authority at 49 CFR 1.50. 

■ 2. Section 531.5 is amended by adding 

paragraph (b) (15) to read as follows: 

§ 531.5 Fuel economy standards. 

* * * * * 

(b) * * * 

(15) Spyker Automobielen B.V. 

AVERAGE FUEL ECONOMY STANDARD

Model year Miles per 

gallon 

2006 .......................................... 18.9 

2007 .......................................... 18.9 

Issued on: May 17, 2007. 

Stephen R. Kratzke, 

Associate Administrator for Rulemaking. 

[FR Doc. E7–9867 Filed 5–21–07; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 070213032–7032–01] 

RIN 0648–XA40 

Fisheries of the Economic Exclusive 

Zone Off Alaska; Deep-Water Species 

Fishery by Vessels Using Trawl Gear in 

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 species that comprise the 

deep-water species fishery by vessels 

using trawl gear in the Gulf of Alaska 

(GOA). This action is necessary because 

the second seasonal apportionment of 

the 2007 Pacific halibut bycatch 

allowance specified for the deep-water 

species fishery in the GOA has been 

reached. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), May 17, 2007, through 1200 

hrs, A.l.t., July 1, 2007. 


cprice-sewell on PRODPC61 with RULES