Federal Register / Vol. 71, No. 149 / Thursday, August 3, 2006 / Notices 44027 

CFR 264.118–.120; 40 CFR 264.142(a), 

40 CFR 264.143(a); 40 CFR 264.144(a); 

40 CFR 264.145(a); 40 CFR 264.147; 40 

CFR 264.148; 40 CFR 264.149; 40 CFR 

264.150; 40 CFR 265.12(a)–(b); 40 CFR 

265.13(a)(1), (b)–(c); 40 CFR 265.15(d); 

40 CFR 265.16(d); 40 CFR 265.19; 40 

CFR 265.51–54; 40 CFR 265.56; 40 CFR 

265.73–.74; 40 CFR 265.112; 40 CFR 

265.113(a), (b), (d); 40 CFR 265.115; 40 

CFR 265.116; 40 CFR 265.118–.120; 40 

CFR 264.142(a); 40 CFR 265.143(a); 40 

CFR 265.144(a); 40 CFR 265.145(a); 40 

CFR 265.147; 40 CFR 265.148; 40 CFR 

265.149; 40 CFR 265.150; 40 CFR part 

264, subpart H; 40 CFR part 265, subpart 

H; 40 CFR 270.30; was approved 06/06/ 

2006; OMB Number 2050–0120; expires 

06/30/2009. 

EPA ICR No. 1951.03; NESHAP for 

Paper and Other Web Coating Renewal; 

in 40 CFR part 63, subpart JJJJ; was 

approved 06/13/2006; OMB Number 

2060–0511; expires 06/30/2009. 

EPA ICR No. 1954.03; NESHAP for 

the Surface Coating of Large Household 

and Commercial Appliances; in 40 CFR 

part 63, subpart NNNN, (Renewal); was 

approved 06/13/2006; OMB Number 

2060–0457; expires 06/30/2009. 

EPA ICR No. 1976.03; NESHAP for 

Reinforced Plastic Composites 

Production (Renewal); in 40 CFR part 

63, subpart WWWW; was approved 06/ 

12/2006; OMB Number 2060–0509; 

expires 06/30/2009. 

EPA ICR No. 2022.03; NESHAP for 

Brick and Structural Clay 

Manufacturing (Renewal); in 40 CFR 

part 63, subpart JJJJJ; was approved 06/ 

13/2006; OMB Number 2060–0508; 

expires 06/30/2009. 

EPA ICR No. 2040.03; NESHAP for 

Refractory Products Manufacturing 

(Renewal); in 40 CFR part 63, subpart 

SSSSS; was approved 06/12/2006; OMB 

Number 2060–0515; expires 06/30/2009. 

EPA ICR No. 2071.03; NESHAP for 

Printing, Coating and Dyeing of Fabrics 

and Other Textiles (Renewal); in 40 CFR 

part 63, subpart OOOO; was approved 

06/12/2006; OMB Number 2060–0522; 

expires 06/30/2009. 

EPA ICR No. 2211.01; Focus Group 

Research for Fuel Economy Label 

Designs; was approved 06/09/2006; 

OMB Number 2060–0581; expires 08/ 

31/2006. 

EPA ICR No. 2228.01; Reformulated 

Gasoline Commingling Provisions; in 40 

CFR part 80.78; was approved 06/09/ 

2006; OMB Number 2060–0587; expires 

11/30/2006. 

EPA ICR No. 1591.21; Regulation of 

Fuel and Fuel Additives: Refiner and 

Importer Quality Assurance 

Requirements for Downstream Oxygen 

Blending and Requirements for 

Disposition of Pipeline Interfaces (Direct 

Final Rule); in 40 CFR 80.69; 40 CFR 

80.74; 40 CFR 80.77; 40 CFR 80.84; 40 

CFR 80.104; 40 CFR 80.213; 40 CFR 

80.365; 40 CFR 80.840; was approved 

07/12/2006; OMB Number 2060–0277; 

expires 10/31/2007. 

EPA ICR No. 2104.02; Brownfields 

Programs—Revitalization Grantee 

Reporting (Renewal); was approved 07/ 

05/2006; OMB Number 2050–0192; 

expires 07/31/2009. 

EPA ICR No. 0575.10; Health and 

Safety Data Reporting; Submission of 

Lists and Copies of Health and Safety 

Studies; in 40 CFR part 716; was 

approved 07/06/2006; OMB Number 

2070–0004; expires 07/31/2009. 

EPA ICR No. 2055.02; Data 

Submissions for the Voluntary 

Children’s Chemical Evaluation 

Program (VCCEP); was approved 07/09/ 

2006; OMB Number 2070–0165; expires 

07/31/2009. 

EPA ICR No. 2014.03; Reporting and 

Recordkeeping Requirements of the 

HCFC Allowance System (Renewal); in 

40 CFR part 82.23, 40 CFR part 82.24; 

was approved 07/10/2006; OMB 

Number 2060–0498; expires 07/31/2009. 

EPA ICR No. 2184.02; Inclusion of 

Delaware and New Jersey in the Clean 

Air Interstate Rule (Final Rule); in 40 

CFR 51.123(c)(1), (c)(3), (e)(2), (e)(4)(ii); 

40 CFR 51.124(c), (e)(2); 40 CFR 51.125 

(a)(1); 40 CFR 96.140; 40 CFR 96.143(a); 

was approved 07/10/2006; OMB 

Number 2060–0584; expires 07/31/2009. 

Comment Filed 

EPA ICR No. 0328.12; Spill 

Prevention, Control and 

Countermeasure (SPCC) Plants 

(Proposed Rule); OMB Number 2050–

0021; in 40 CFR 112.3(e); 40 CFR 

112.4(a), (e)–(f); 40 CFR 112.5(a); 40 CFR 

112.7(a)–(i); OMB filed comments on 

06/12/2006. 

EPA ICR No. 0783.50; Cold 

Temperature Hydrocarbon Emissions 

Standards for Light-Duty Vehicles, 

Light-Duty Trucks, and Medium-Duty 

Passenger Vehicles (Proposed Rule); in 

40 CFR part 85, subparts R, S, T, V, W, 

and Y; 40 CFR part 86, subparts B, E, F, 

G, H, J, K, L, O, P, R, and S; 40 CFR part 

600, subparts A, B, D, and F; OMB filed 

comments on 06/23/2006. 

EPA ICR No. 1989.03; Revised NPDES 

and Effluent Limitation Guidelines for 

Concentrated Animal Feeding 

Operations in Response to Waterkeeper 

Decision (Proposed Rule); in 40 CFR 

122, 40 CFR 122.21(i)(1)(i–xi), 40 CFR 

122.21(f), 40 CFR 122.21(f)(1), 40 CFR 

122.21(f)(7), 40 CFR 122.23(f)(1–3), 40 

CFR 122.23(g–h), 40 CFR 

122.28(b)(3)(iv), 40 CFR 122.41, 40 CFR 

122.42(e)(1), 40 CFR 122.42(e)(1)(i–iv), 

40 CFR 122.42(e)(4), 40 CFR 

122.42(e)(3), 40 CFR 122.62, 40 CFR 

122.62(b)(2–4), 40 CFR 123, 40 CFR 

123.25, 40 CFR 123.40, 40 CFR 

123.25(a)(22, 27, 30, 31, 33, 34), 40 CFR 

123.26(b), 40 CFR 123.42(e)(3–4), 40 

CFR 123.42(e)(4)(i–vi), 40 CFR 123.62, 

40 CFR 123.62(a), 40 CFR 123.62(b)(1), 

40 CFR 412, 40 CFR 412(a)(1)(i–iii), 40 

CFR 412.37(b), 40 CFR 412.37(b)(1–6), 

40 CFR 412.37(c), 40 CFR 412.37(c)(1–

9); OMB filed comments on 07/11/2006. 

Short Term Extensions 

EPA ICR No. 2212.01; MBE/WBE 

Utilization under Federal Grants, 

Cooperative, Agreements and 

Interagency Agreements; OMB Number 

2090–0025; on 06/29/2006 OMB 

extended the expiration date to 08/31/ 

2006. 

EPA ICR No. 1842.04; Notice of Intent 

for Storm Water Discharges Associated 

with Construction Activity under a 

NPDES General Permit; OMB Number 

2040–0188; on 06/29/2006 OMB 

extended the expiration date to 09/30/ 

2006. 

EPA ICR No. 0226.17; applications for 

NPDES Discharge Permits and the 

Sewage Sludge Management Permits; 

OMB Number 2040–0086; on 06/29/ 

2006 OMB extended the expiration date 

to 09/30/2006. 

EPA ICR No. 1820.03; NPDES Storm 

Water Program Phase II; OMB Number 

2040–0211; on 06/29/2006 OMB 

extended the expiration date to 09/30/ 

2006. 

EPA ICR No. 2003.02; NESHAP for 

Integrated Iron and Steel Manufacturing 

(Final Rule); OMB Number 2060–0517; 

on 06/29/2006 OMB extended the 

expiration date to 08/30/2006. 

Dated: July 27, 2006. 

Oscar Morales, 

Director, Collection Strategies Division. 

[FR Doc. E6–12540 Filed 8–2–06; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[AMS–FRL–8205–4] 

California State Motor Vehicle 

Pollution Control Standards; Waiver of 

Federal Preemption for Amendments 

to California’s Exhaust Emission 

Standards and Test Procedures for OnRoad Motorcycles and Motorcycle 

Engines; Notice of Decision 

AGENCY: Environmental Protection 

Agency. 

ACTION: Notice of Decision Regarding 

Waiver of Federal Preemption for 

California Motorcycle Emission 

Standards. 


hsrobinson on PROD1PC69 with NOTICES
44028 Federal Register / Vol. 71, No. 149 / Thursday, August 3, 2006 / Notices 

1EPA previously granted CARB a waiver of 

federal preemption for California’s exhaust 

emission standards and test procedures for 1978 

and subsequent model year motorcycles at 41 FR 

44209 (October 7, 1976) and 43 FR 998 (January 5, 

1978). EPA also confirmed that a subsequent 

amendment to the HC exhaust standard for certain 

small volume manufacturers for the 1982 model 

year was within the scope of a previously granted 

waiver at 47 FR 23204 (May 27, 1982). Finally, EPA 

also confirmed that CARB’s HC exhaust standards 

for 1984 and subsequent model year Class III 

motorcycles (280 cc and above) was within the 

scope of a previously granted waiver at 53 FR 6195 

(March 1, 1988). EPA also previously waiver federal 

preemption for California’s evaporative emission 

standards and test procedures for motorcycles and 

confirmed subsequent amendments as within the 

scope of previously granted waivers at 47 FR 1015 

(January 8, 1982); 47 FR 23204 (May 27, 1982); 53 

FR 6195 (March 1, 1988); and 53 FR 36116 

(September 16, 1988). 

2 Docket entry EPA–HQ–OAR 2004–0486–0002, 

letter to EPA, from CARB, dated June 18, 2003. 

3 Decision Document accompanying scope of 

waiver determination in 51 FR 12391 (April 10, 

1986). 

4 70 FR 70073 (November 21, 2005). 

SUMMARY: The California Air Resources 

Board (CARB) requested that the 

Environmental Protection Agency (EPA) 

confirm CARB’s finding that 

amendments to its on-road motorcycle 

and motorcycle engines exhaust 

emission regulations, approved by 

CARB on October 22, 1999, are within 

the scope of previous Clean Air Act 

Section 209(b) waivers of federal 

preemption. Instead of confirming 

CARB’s request that the amendments 

are within the scope of a previously 

granted waiver of federal preemption 

EPA is, by today’s action, granting a full 

waiver of federal preemption. 

ADDRESSES: The Agency’s Decision 

Document, containing an explanation of 

the Assistant Administrator’s decision, 

as well as all documents relied upon in 

making that decision, including those 

submitted to EPA by CARB, are 

contained in the public docket. The 

official public docket is the collection of 

materials that is available for public 

viewing. The EPA Docket Center Public 

Reading Room is open from 8:30 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 and Radiation Docket is (202) 

566–1743. The reference number for this 

docket is EPA–HQ–OAR–2004–0486. 

The location of the Docket Center is the 

Environmental Protection Agency, 

(EPA/DC) EPA West, Room B102, 1301 

Constitution Ave., NW., Washington, 

D.C. Copies of the Decision Document 

for this determination can also be 

obtained by contacting David Dickinson 

as noted below, or can be accessed on 

the EPA’s Office of Transportation and 

Air Quality Web site, also noted below. 

FOR FURTHER INFORMATION CONTACT: 

David Dickinson, Attorney-Advisor, 

Certification and Compliance Division, 

(6405J), U.S. Environmental Protection 

Agency, 1200 Pennsylvania Avenue, 

NW., Washington, DC 20460. 

Telephone: (202) 343–9256, FAX: (202) 

343–2804, e-mail: 

Dickinson.David@EPA.GOV. 

SUPPLEMENTARY INFORMATION: 

I. Obtaining Electronic Copies of 

Documents 

Electronic copies of this Notice and 

the accompanying Decision Document 

are available via the Internet on the 

Office of Transportation and Air Quality 

(OTAQ) Web site (http://www.epa.gov/ 

OTAQ). Users can find these documents 

by accessing the OTAQ Home Page and 

looking at the path entitled 

‘‘Chronological List of All OTAQ 

Regulations.’’ This service is free of 

charge, except for any cost you already 

incur for Internet connectivity. The 

official Federal Register version of the 

Notice is made available on the day of 

publication on the primary Web site 

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

AIR/). 

Please note that due to differences 

between the software used to develop 

the documents and the software into 

which the documents may be 

downloaded, changes in format, page 

length, etc. may occur. 

Docket: EPA has established a docket 

for this action under Docket ID No. 

EPA–HQ–OAR–2004–0486. 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 at the 

Docket Center noted above. 

II. Determination 

I have determined that CARB’s 

amendments to its on-highway 

motorcycle and motorcycle engine 

regulations constitute new standards 

and therefore require a new waiver of 

federal preemption rather than 

confirmation that the amendments are 

within the scope of a prior waiver 

issued under section 209(b) of the Clean 

Air Act (Act), 42 U.S.C. 7543(b), granted 

by EPA to CARB.1 The amendments to 

the regulations, outlined in CARB’s 

request letter 2, and fully described in 

CARB’s submissions, provide for: (1) A 

combined level of hydrocarbon (HC) 

and oxides of nitrogen (NOX) emissions 

as HC + NOX for 2004 and subsequent 

model years (in comparison to the 

preexisting on-road Class III motorcycle 

HC-only standard); (2) two tiers of 

standard (Tier-1 and -2), with a Tier-1 

standard of 1.4 g/km for HC + NOX for 

model years 2004 through 2007 and a 

Tier-2 standard of 0.08 for HC + NOX for 

model year 2008 and beyond; (3) 

retention of corporate averaging for 

Class III engine families but an addition 

of a not-to-exceed cap limit for each 

emission level from each engine family; 

and (4) a new definition of ‘‘small 

volume manufacturer’’ that applies in 

model year 2008 and beyond and 

clarification of the definition for 

‘‘motorcycle engine.’’

In a June 18, 2003 letter to EPA, CARB 

notified EPA of the above-described 

amendments to its motorcycle 

regulations and asked EPA to confirm 

that these amendments are within-thescope of EPA’s previous waivers. EPA 

can make such a confirmation if certain 

conditions are present. Specifically, if 

California acts to amend a previously 

waived standard or accompanying 

enforcement procedure, the amendment 

may be considered within-the-scope of 

a previously granted waiver provided 

that it does not undermine California’s 

determination that its standards, in the 

aggregate, are as protective of public 

health and welfare as applicable Federal 

standards, does not affect the 

consistency with section 202(a) of the 

Act, and raises no new issues affecting 

EPA’s previous waiver.3

In its request letter, CARB stated that 

the amendments will not cause the 

California standards, in the aggregate, to 

be less protective of public health and 

welfare than the applicable Federal 

standards. Regarding consistency with 

section 202(a), CARB stated that the 

amendments do not raise any concerns 

of inadequate leadtime or technological 

feasibility or impose any inconsistent 

certification requirements (compared to 

the Federal requirements). Finally, 

CARB stated that the amendments raise 

no new issues affecting the prior EPA 

authorization determinations. 

Because EPA believed it possible that 

CARB’s amendments do in fact raise 

‘‘new issues’’ as they impose new more 

stringent standards, EPA offered the 

opportunity for a public hearing, and 

requested public comments, on these 

new standards, as the Act requires us to 

do, by publication of a Federal Register 

notice to such effect on November 21, 

2005.4 There was no request for a public 

hearing, nor were any comments 

received on the CARB standards at 

issue. Therefore, EPA has made this 


hsrobinson on PROD1PC69 with NOTICES
Federal Register / Vol. 71, No. 149 / Thursday, August 3, 2006 / Notices 44029 

determination based on the information 

submitted by CARB in its request. 

EPA’s analysis finds that the criteria 

for granting a full waiver have been met 

for these amendments. A full 

explanation of EPA’s decision is 

contained in a Decision Document 

which may be obtained from EPA as 

noted above. 

My decision will affect not only 

persons in California but also the 

manufacturers outside the State who 

must comply with California’s 

requirements in order to produce 

vehicles for sale in California. For this 

reason, I hereby determine and find that 

this is a final action of national 

applicability. 

Under section 307(b)(1) of the Act, 

judicial review of this final action may 

be sought only in the United States 

Court of Appeals for the District of 

Columbia Circuit. Petitions for review 

must be filed by October 2, 2006. Under 

section 307(b)(2) of the Act, judicial 

review of this final action may not be 

obtained in subsequent enforcement 

proceedings. 

As with past waiver decisions, this 

action is not a rule as defined by 

Executive Order 12866. Therefore, it is 

exempt from review by the Office of 

Management and Budget as required for 

rules and regulations by Executive 

Order 12866. 

In addition, this action is not a rule 

as defined in the Regulatory Flexibility 

Act, 5 U.S.C. 601(2). Therefore, EPA has 

not prepared a supporting regulatory 

flexibility analysis addressing the 

impact of this action on small business 

entities. 

The Congressional Review Act, 5 

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

Business Regulatory Enforcement 

Fairness Act of 1996, does not apply 

because this action is not a rule, for 

purposes of 5 U.S.C. 804(3). 

Finally, the Administrator has 

delegated the authority to make 

determinations regarding waivers under 

section 209(b) of the Act to the Assistant 

Administrator for Air and Radiation. 

Dated: July 27, 2006. 

William L. Wehrum, 

Acting Assistant Administrator, Office of Air 

and Radiation. 

[FR Doc. E6–12546 Filed 8–2–06; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

[Report No. 2783] 

Petitions for Reconsideration of Action 

in Rulemaking Proceeding 

July 27, 2006. 

Petitions for Reconsideration have 

been filed in the Commission’s 

Rulemaking proceeding listed in this 

Public Notice and published pursuant to 

47 CFR 1.429(e). The full text of these 

documents is available for viewing and 

copying in Room CY–B402, 445 12th 

Street, SW., Washington, DC or may be 

purchased from the Commission’s copy 

contractor, Best Copy and Printing, Inc. 

(BCPI) (1–800–378–3160). Oppositions 

to these petitions must be filed by 

August 18, 2006. See Section 1.4(b)(1) of 

the Commission’s rules (47 CFR 

1.4(b)(1)). Replies to an opposition must 

be filed within 10 days after the time for 

filing oppositions have expired. 

Subject: In the Matter of Amendment 

of Parts 1, 21, 73, 74 and 101 of the 

Commission’s Rules to Facilitate the 

Provision of Fixed and Mobile 

Broadband Access, Educational And 

Other Advanced Services in the 2150–

2162 and 2500–2690 MHz Bands (WT 

Docket No. 03–66). 

Part 1 of the Commission’s Rules—

Further Competitive Bidding Procedures 

(WT Docket No. 03–67). 

Amendment of Parts 21 and 74 to 

Enable Multipoint Distribution Service 

and the Instructional Television Fixed 

Service to Engage in Fixed Two-Way 

Transmissions (MM Docket No. 97–

217). 

Amendment of Parts 21 and 74 of the 

Commission’s Rules with Regard to 

Licensing in the Multipoint Distribution 

Service and in the Instructional 

Television Fixed Service for the Gulf of 

Mexico (WT Docket No. 02–68). 

Promoting Efficient Use of Spectrum 

through Elimination of Barriers to the 

Development of Secondary Markets (WT 

Docket No. 00–230). 

Review of the Spectrum Sharing Plan 

among Non-Geostationary Satellite Orbit 

Mobile Satellite Service Systems in the 

1.6/2.4 GHz Bands (IB Docket No. 02–

364). 

Number of Petitions Filed: 10. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. E6–12545 Filed 8–2–06; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL RESERVE SYSTEM 

Change in Bank Control Notices; 

Acquisition of Shares of Bank or Bank 

Holding Companies 

The notificants listed below have 

applied under the Change in Bank 

Control Act (12 U.S.C. 1817(j)) and 

§ 225.41 of the Board’s Regulation Y (12 

CFR 225.41) to acquire a bank or bank 

holding company. The factors that are 

considered in acting on the notices are 

set forth in paragraph 7 of the Act (12 

U.S.C. 1817(j)(7)). 

The notices are available for 

immediate inspection at the Federal 

Reserve Bank indicated. The notices 

also will be available for inspection at 

the office of the Board of Governors. 

Interested persons may express their 

views in writing to the Reserve Bank 

indicated for that notice or to the offices 

of the Board of Governors. Comments 

must be received not later than August 

18, 2006. 

A. Federal Reserve Bank of 

Minneapolis (Jacqueline G. King, 

Community Affairs Officer) 90 

Hennepin Avenue, Minneapolis, 

Minnesota 55480-0291: 

1. Jon W. Neumann, Hawley, 

Minnesota; to acquire voting shares of 

First Hawley Bancshares, Inc., Hawley, 

Minnesota, and thereby indirectly 

acquire voting shares of First National 

Bank, Hawley, Minnesota. 

Board of Governors of the Federal Reserve 

System, July 28, 2006. 

Robert deV. Frierson, 

Deputy Secretary of the Board. 

[FR Doc. E6–12487 Filed 8–2–06; 8:45 am] 

BILLING CODE 6210–01–S 

FEDERAL RESERVE SYSTEM 

Formations of, Acquisitions by, and 

Mergers of Bank Holding Companies 

The companies listed in this notice 

have applied to the Board for approval, 

pursuant to the Bank Holding Company 

Act of 1956 (12 U.S.C. 1841 et seq.) 

(BHC Act), Regulation Y (12 CFR Part 

225), and all other applicable statutes 

and regulations to become a bank 

holding company and/or to acquire the 

assets or the ownership of, control of, or 

the power to vote shares of a bank or 

bank holding company and all of the 

banks and nonbanking companies 

owned by the bank holding company, 

including the companies listed below. 

The applications listed below, as well 

as other related filings required by the 

Board, are available for immediate 

inspection at the Federal Reserve Bank 

indicated. The application also will be 


hsrobinson on PROD1PC69 with NOTICES