Federal Register / Vol. 77, No. 98 / Monday, May 21, 2012 / Proposed Rules 29953 

TABLE W–1A OF SUBPART W—DEFAULT WHOLE GAS EMISSION FACTORS FOR ONSHORE PETROLEUM AND NATURAL GAS

PRODUCTION—Continued 

Onshore petroleum and natural gas production 

Emission factor 

(scf/hour/ 

component) 

Population Emission Factors—All Components, Heavy Crude Service 6

Valve ............................................................................................................................................................................................ 0.0005 

Flange .......................................................................................................................................................................................... 0.0009 

Connector (other) ......................................................................................................................................................................... 0.0003 

Open-ended Line ......................................................................................................................................................................... 0.006 

Other 5 .......................................................................................................................................................................................... 0.003 

1For multi-phase flow that includes gas, use the gas service emissions factors. 

2Emission Factor is in units of ‘‘scf/hour/device.’’ 

3Emission Factor is in units of ‘‘scf/hour/pump.’’ 

4 Hydrocarbon liquids greater than or equal to 20 °API are considered ‘‘light crude.’’ 5 ‘‘Others’’ category includes instruments, loading arms, pressure relief valves, stuffing boxes, compressor seals, dump lever arms, and vents. 

6 Hydrocarbon liquids less than 20 °API are considered ‘‘heavy crude.’’ 

10. Table W–5 to Subpart W of part 

98 is amended by revising the entry for 

‘‘Vapor Recovery Compressor’’ to read 

as follows: 

TABLE W–5 OF SUBPART W—DEFAULT METHANE EMISSION FACTORS FOR LIQUEFIED NATURAL GAS (LNG) STORAGE

LNG storage 

Emission factor 

(scf/hour/ 

component) 

*******

Vapor Recovery Compressor 2 .................................................................................................................................................... 4.17 

.

.

Subpart TT—[Amended] 

11. Section 98.460 is amended by 

adding paragraph (c)(2)(xiii) to read as 

follows: 

§ 98.460 Definition of Source Category. 

* * * * * 

(c) * * * 

(2) * * * 

(xiii) Other waste material that has a 

DOC value of 0.3 weight percent (on a 

wet basis) or less. DOC value must be 

determined using a 60-day anaerobic 

biodegradation test procedure identified 

in 98.464(b)(4)(i)(A). 

[FR Doc. 2012–12193 Filed 5–18–12; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

49 CFR Part 661 

[Docket No. FTA–2012–0019] 

Application of Buy America Waivers to 

Rolling Stock Overhauls and Rebuilds 

AGENCY: Federal Transit Administration 

(FTA), DOT. 

ACTION: Notice of proposed statement of 

policy and request for comment. 

SUMMARY: This notice proposes a 

statement of policy regarding the 

application of the Federal Transit 

Administration’s Buy America rules to 

procurements for the overhaul and 

rebuilding of rolling stock, and seeks 

comment from all interested parties. 

DATES: Comments must be received by 

June 20, 2012. Late-filed comments will 

be considered to the extent practicable. 

ADDRESSES: Please submit your 

comments by only one of the following 

means, identifying your submissions by 

docket number FTA–2012–0019. All 

electronic submissions must be made to 

the U.S. Government electronic site at 

http://www.regulations.gov. 

Commenters should follow the 

instructions below for mailed and handdelivered comments: 

Federal e-Rulemaking Portal: Go to 

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

online instructions for submitting 

comments. 

U.S. Mail: U.S. Department of 

Transportation, Docket Operations, 

West Building, Room W12–140, 1200 

New Jersey Avenue SE., Washington, 

DC 20590. 

Hand Delivery: U.S. Department of 

Transportation, Docket Operations, 

West Building, Room W12–140, 1200 

New Jersey Avenue SE., Washington, 

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

through Friday, except Federal holidays. 

Fax: (202) 493–2251. 

Instructions: All submissions must 

make reference to the ‘‘Federal Transit 

Administration’’ and include docket 

number FTA–2012–0019. Due to 

security procedures in effect since 

October 2001, mail received through the 

U.S. Postal Service may be subject to 

delays. Parties making submissions 

responsive to this notice should 

consider using an express mail firm to 

ensure the prompt filing of any 

submissions not filed electronically or 

by hand. Note that all submissions 

received, including any personal 

information therein, will be posted 

without change or alteration to http:// 

www.regulations.gov. For more 

information, you may review DOT’s 

complete Privacy Act Statement in the 

Federal Register published on April 11, 

2000 (65 FR 19477), or visit http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Jayme L. Blakesley at (202) 366–0304 or 

jayme.blakesley@dot.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The purpose of this notice is to 

propose a statement of policy that will 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

29954 Federal Register / Vol. 77, No. 98 / Monday, May 21, 2012 / Proposed Rules 

clarify how to apply FTA’s Buy America 

requirements to procurements for the 

overhaul and rebuilding of rolling stock. 

Until now, the practice of FTA grantees 

has been to apply the statutory waiver 

of 49 U.S.C. 5323(j)(2)(C) to all rolling 

stock procurements, including the 

purchase of new vehicles, overhauls, 

and rebuilds. The waiver allows up to 

40 percent foreign content per vehicle. 

This practice has continued despite 

FTA’s intention in its latest rulemaking, 

for which the final rule was published 

at 72 FR 53688 on September 20, 2007, 

to start requiring 100 percent U.S. 

content for all rolling stock components 

purchased as part of an overhaul. To 

bring industry practices in line with the 

2007 rulemaking, FTA proposes this 

statement of policy, the purpose of 

which is to clarify what FTA intended 

in 2007—to apply the manufactured 

products standard of 49 CFR 661.5 to 

the purchase of all components for 

rolling stock overhauls. 

II. Background 

A. Buy America’s Requirements 

With few exceptions, Buy America 

prohibits FTA from funding a project 

unless ‘‘the steel, iron, and 

manufactured goods used in the project 

are produced in the United States.’’ 49 

U.S.C. 5323(j)(1).These general 

requirements are waived for the 

procurement of rolling stock if the cost 

of the components produced in the 

United States is more than 60 percent of 

the cost of all components of the rolling 

stock and final assembly takes place in 

the United States. 49 U.S.C. 

5323(j)(2)(C) (implemented at 49 CFR 

661.11). 

There is no direct law and little 

guidance on how to apply Buy America 

requirements to overhauls and rebuilds. 

The statutory provision on Buy 

America, 49 U.S.C. 5323(j), and 

implementing regulations, 49 CFR part 

661, do not include the terms overhaul 

or rebuild. At least one FTA Circular 

discusses rebuilds and overhauls, but 

lacks explicit instructions for how to 

apply the Buy America requirements to 

each level of activity. FTA’s Grant 

Management Circular 5010.1D discusses 

rebuilds and overhauls in the context of 

determining the useful life of a vehicle: 

Rebuild. A rolling stock rebuild is a 

reconditioning at the end of a vehicle’s 

useful like that creates additional useful 

life. A vehicle to be rebuilt should have 

already reached the end of its minimum 

useful life. An eligible rail car rebuild 

must extend the vehicle’s useful life by 

a minimum of ten years, and a bus 

rebuild must extend the vehicle’s life by 

a minimum of four years. FTA Circular 

5010.1D, ch. I section 5.bbb, ch. IV 

section 3.g. 

Overhaul. A rolling stock overhaul 

(sometimes called a refurbishment) is a 

form of preventative maintenance 

involving ‘‘systematic replacement or 

upgrade of systems whose useful life is 

less than the useful life of the entire 

vehicle in a programmed 

manner.Overhaul is performed as a 

planned or concentrated preventative 

maintenance activity and is intended to 

enable the rolling stock to perform to 

the end of the original useful life.’’ Id. 

at ch. I section 5.qq. In contrast to a 

rolling stock rebuild, an overhaul does 

not extend the useful life of the vehicle 

itself. Rather, it focuses on the useful 

lives of the systems that comprise the 

vehicle, enabling the entire vehicle to 

perform to the end of its original useful 

life. Id. at ch. I section 5.qq, ch. IV 

section 3.h. 

B. FTA’s 2007 Buy America Rulemaking 

In 2007, as part of its Final Rule on 

Buy America, FTA published in the 

Federal Register a description of how to 

apply Buy America to certain end 

products and components, including 

rolling stock. 72 FR 53688, Sept. 20, 

2007; 72 FR 55102, Sept. 28, 2007 

(making a minor correction to 72 FR 

53688). Although that rulemaking did 

not address rolling stock rebuilds and 

overhauls specifically, it did provide 

instructions for applying Buy America 

rules to the purchase of rolling stock 

replacement parts. With the purpose of 

simplifying country-of-origin rules for 

the procurement of replacement parts, 

FTA adopted ‘‘non-shifting’’ 

characterizations of replacement parts 

as components or sub-components and 

stated that a procurement of a 

replacement part for rolling stock would 

be considered consistent with the 

requirements for manufactured 

products: 

Under the new approach, procurements for 

replacement parts, whether components or 

subcomponents of the original end product, 

would retain their characterization and the 

requirements applicable to manufactured 

products would apply. This new approach 

would apply consistently to the procurement 

of replacement parts for rolling stock as well 

as to manufactured products. 

72 FR 53688, 53692, Sept. 20, 2007. The 

Buy America requirements for 

manufactured goods are found at 49 

CFR 661.5. 

Through this statement, FTA intended 

to treat rolling stock overhauls as 

procurements of replacement parts, and 

therefore, to be subject to the domestic 

content rules that require 100 percent 

U.S. content for manufactured product 

components. However, FTA’s 

rulemaking document was insufficiently 

clear on this point and the industry has 

continued its longstanding practice of 

treating overhauls as procurements of 

rolling stock, and thus eligible for the 

waiver of 49 U.S.C. 5323(j)(2), as 

implemented at 49 CFR 661.11, that 

allows up to 40 percent foreign 

components. 

C. Application to Rebuilds and 

Overhauls 

The rebuild and overhaul processes 

are conducted for different purposes 

and must meet different standards to be 

eligible for FTA funding. A rebuild 

results in additional useful life of the 

vehicle that did not exist before, 

whereas an overhaul is performed to 

maintain a vehicle and enables it to 

achieve the useful life it was expected 

to provide when it was first purchased. 

It is this purchase of new useful life 

that makes a rebuild sufficiently like the 

procurement of new rolling stock to be 

able to apply the statutory waiver of 49 

U.S.C. 5323(j)(2)(C) that allows up to 40 

percent foreign content per vehicle. In 

contrast, an overhaul is primarily the 

purchase of replacement parts plus 

labor, and is for the purpose of 

maintaining a vehicle, not the 

acquisition of new useful life. As such, 

FTA views the purchase of replacement 

parts for an overhaul the same as it 

views the purchase of individual 

replacement parts—the manufactured 

product requirements of 49 CFR 661.5 

apply; all components must be 

produced in the United States. 

III. Proposed Policy 

Based on the foregoing, FTA proposes 

to limit the application of the statutory 

rolling stock waiver of 49 U.S.C. 

5323(j)(2)(C), as implemented at 49 CFR 

661.11, to the purchase of new rolling 

stock and to a rebuild that adds useful 

life. New purchases and rebuilds may 

include up to 40 percent foreign 

components. In contrast, all components 

purchased as part of a rolling stock 

overhaul are subject to the 

manufactured products requirements of 

49 CFR 661.5 and must be produced in 

the United States. 

FTA seeks comment from all 

interested parties. After consideration of 

the comments, FTA will publish a 

second notice in the Federal Register 

with a response to comments and a 

justification for the final statement of 

policy. 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

Federal Register / Vol. 77, No. 98 / Monday, May 21, 2012 / Proposed Rules 29955 

Issued this 13th day, of April 2012. 

Dorval R. Carter, Jr., 

Chief Counsel, Federal Transit 

Administration. 

[FR Doc. 2012–9698 Filed 5–18–12; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 120509433–2433–01] 

RIN 0648–BC00 

Fisheries Off West Coast States; 

Pacific Coast Groundfish Fishery 

Management Plan; Trawl 

Rationalization Program 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: This proposed action would 

delay or revise several portions of the 

Pacific Coast Groundfish Fishery Trawl 

Rationalization Program (program) 

regulations. These changes are 

necessary to enable the National Marine 

Fisheries Service (NMFS) to implement 

new regulations for the program to 

comply with a court order requiring 

NMFS to reconsider the initial 

allocation of Pacific whiting (whiting) to 

the shorebased Individual Fishing 

Quota (IFQ) fishery and the at-sea 

mothership fishery. The proposed rule 

would affect the transfer of Quota Share 

(QS) and Incidental Bycatch Quota 

(IBQ) between QS accounts in the 

shorebased individual IFQ fishery, and 

severability in the mothership fishery, 

both of which would be delayed until 

NMFS can implement any necessary 

new regulations in those areas required 

by the court’s order. 

DATES: Comments on this proposed rule 

must be received no later than 5 p.m., 

local time on June 29, 2012. 

ADDRESSES: You may submit comments 

on this document, identified by NOAA– 

NMFS–2012–0062, by any of the 

following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal, at http:// 

www.regulations.gov. To submit 

comments via the e-Rulemaking Portal, 

first click the ‘‘submit a comment’’ icon, 

then enter NOAA–NMFS–2012–0062 in 

the keyword search. Locate the 

document you wish to comment on 

from the resulting list and click on the 

‘‘Submit a Comment’’ icon on the right 

of that line. 

• Fax: 206–526–6736; Attn: Ariel 

Jacobs. 

• Mail: William W. Stelle, Jr., 

Regional Administrator, Northwest 

Region, NMFS, 7600 Sand Point Way 

NE., Seattle, WA 98115–0070; Attn: 

Ariel Jacobs. 

Instructions: All comments received 

are a part of the public record and will 

generally be posted to http:// 

www.regulations.gov without change. 

All Personal Identifying Information (for 

example, name, address, etc.) 

voluntarily submitted by the commenter 

may be publicly accessible. Do not 

submit Confidential Business 

Information or otherwise sensitive or 

protected information. NMFS will 

accept anonymous comments (if 

submitting comments via the Federal eRulemaking portal, enter ‘‘N/A’’ in the 

relevant required fields if you wish to 

remain anonymous). Attachments to 

electronic comments will be accepted in 

Microsoft Word or Excel, WordPerfect, 

or Adobe PDF file formats only. 

FOR FURTHER INFORMATION CONTACT: 

Ariel Jacobs, 206–526–4491; (fax) 206– 

526–6736; Ariel.Jacobs@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

In January 2011, NMFS implemented 

the trawl rationalization program for the 

Pacific coast groundfish fishery’s trawl 

fleet (see 75 FR 78344; Dec. 15, 2010). 

The program was adopted through 

Amendment 20 to the Pacific Coast 

Groundfish Fishery Management Plan 

(FMP) and consists of an IFQ program 

for the shorebased trawl fleet (including 

whiting and non-whiting fisheries); and 

cooperative (coop) programs for the atsea mothership (MS) and catcher/ 

processor (C/P) trawl fleets (whiting 

only). Allocations to the limited entry 

trawl fleet for certain species were 

developed under Amendment 21 to the 

FMP, also implemented in 2011. 

These rules became the subject of 

litigation, in Pacific Dawn, LLC v. 

Bryson, No. C10–4829 TEH (N.D. Cal.). 

The plaintiffs, fishing vessel owners and 

fishing processers represented by the 

named party, Pacific Dawn, LLC, 

challenged several aspects of the rules, 

but in particular the initial allocation of 

whiting QS in the shorebased IFQ and 

mothership fisheries. Following a 

decision on summary judgment that 

NMFS had not considered the correct 

data in setting its initial whiting 

allocations, on February 21, 2012, Judge 

Henderson issued an order remanding 

the regulations setting the initial 

allocation of whiting for the shorebased 

IFQ fishery and the at-sea mothership 

fishery ‘‘for further consideration’’ 

consistent with the court’s December 22, 

2011 summary judgment ruling, the 

Magnuson-Stevens Act (MSA), and all 

other governing law. The Order also 

requires NMFS to implement revised 

regulations setting the quota before the 

2013 Pacific whiting fishing season 

begins on April 1, 2013. 

On February 29, 2012, NMFS 

informed the Pacific Fishery 

Management Council (Council) of the 

order issued in Pacific Dawn, LLC v. 

Bryson. NMFS also requested that the 

Council initiate the reconsideration of 

the initial allocations for QS of whiting 

in the shorebased IFQ fishery and for 

whiting catch history assignments in the 

at-sea mothership fishery. NMFS 

requested the Council schedule this 

issue to be discussed at its April, June, 

and September 2012 meetings. NMFS 

also stated that a rulemaking was 

needed to delay or revise portions of the 

existing regulations setting these 

allocations while the Council and 

NMFS reconsidered the initial 

allocation of whiting, and informed the 

Council of its intent to publish an 

Advance Notice of Proposed 

Rulemaking (ANPR) on that 

reconsideration. 

At the Council’s March 2012 meeting, 

the Council added reconsideration of 

the allocation of whiting to the agenda 

for its April, June and September 2012 

meetings. At the Council’s April 

meeting, the Council adopted a range of 

alternatives for analysis. The Council 

will review a draft analysis of the 

alternatives and select a preliminary 

preferred alternative at its June meeting. 

At its September meeting, the Council 

will choose a final preferred alternative 

and make a recommendation to NMFS. 

NMFS published an ANPR on April 4, 

2012 (77 FR 20337) that, among other 

things, announced the court’s order, the 

Council meetings that would be 

addressing the whiting reconsideration, 

and NMFS’ plan to publish two 

rulemakings in response to the court 

order. These two rulemakings are 

referred to as Reconsideration of 

Allocation of Whiting, Rules 1 and 2 

(RAW 1 and RAW 2, respectively). 

NMFS is using emergency action 

authority under the MSA 305(c)(1) for 

RAW 1; RAW 2 will go through the 

standard FMP Council process followed 

by a proposed and final rule. The first 

rulemaking, RAW 1, which is the 

subject of this proposed rule, would 

delay or revise several portions of the 

regulations while NMFS and the 

Council reconsider the initial allocation 

of whiting, and until NMFS implements 

mstockstill on DSK4VPTVN1PROD with PROPOSALS