70566 Federal Register / Vol. 70, No. 224 / Tuesday, November 22, 2005 / Proposed Rules 

03), Research Triangle Park, North 

Carolina 27711; telephone (919) 541–

5319 or E-mail 

kennedy.chandra@epa.gov, to confirm 

the December 9, 2005 meeting location 

and date. If you would like to speak at 

this hearing, you should also contact 

Ms. Chandra Kennedy no later than 

December 2, 2005 and provide an 

electronic copy of your presentation for 

distribution to hearing attendees and for 

inclusion in E-Docket ID No. OAR–

2005–0163. Oral testimony will be 

limited to 5 minutes per commenter. 

The EPA may ask clarifying questions 

during the oral presentations, but will 

not respond to the presentations or 

comments at that time. Written 

statements and supporting information 

submitted during the comment period 

will be considered with the same weight 

as any oral comments and supporting 

information presented at the public 

hearing. Verbatim transcripts and 

written statements will be included in 

the rulemaking docket. The agenda will 

be provided to the speakers no later 

than December 5, 2005, along with 

written hearing ground rules and the 

Federal building safety requirements. 

For updates and additional information 

on the public hearing, please check 

EPA’s website for this rulemaking at 

http://www.epa.gov/nsr/. 

SUPPLEMENTARY INFORMATION: Public 

Hearing: The EPA’s planned seating 

arrangement for the hearing is theater 

style, with seats available on a first 

come, first served basis, for about 300 

people. An agenda, the hearing ground 

rules, and instructions on how to 

comment will be provided at the 

hearing. 

Comments: This notice extends the 

public comment period established in 

the Federal Register published on 

October 20, 2005 (70 FR 61081). In that 

notice, EPA proposed changes to the 

NSR and NSPS regulations. The EPA is 

hereby extending the comment period, 

which was set to end on December 19, 

2005, to February 17, 2006. 

All documents in the docket are listed 

in the EDOCKET index at http:// 

www.epa.gov/edocket. Although listed 

in the index, some information is not 

publicly available, i.e., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically in EDOCKET or in hard 

copy at the U.S. Environmental 

Protection Agency, EPA West (Air 

Docket), 1301 Constitution Avenue, 

Northwest, Room B102, Washington, 

DC. Attention Docket ID No. OAR–

2005–0163. The Public Reading Room is 

open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the Air 

Docket is (202) 566–1742. 

Dated: November 15, 2005. 

Alan C. Rush, 

Acting Director, Office of Air Quality Planning 

and Standards. 

[FR Doc. 05–23087 Filed 11–21–05; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 80 

[OAR–2005–0153; FRL–7997–1] 

RIN 2060–AJ71 

Control of Air Pollution From New 

Motor Vehicles; Revisions to Motor 

Vehicle Diesel Fuel Sulfur Transition 

Provisions; and Technical 

Amendments to the Highway Diesel, 

Nonroad Diesel, and Tier 2 Gasoline 

Programs 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed Rule. 

SUMMARY: The highway diesel fuel 

sulfur program, finalized in 2001, is 

resulting in the nationwide transition in 

2006 of most diesel fuel from low-sulfur 

diesel (LSD) to ultra-low sulfur diesel 

(ULSD). Some in the diesel fuel 

production and distribution industries 

have indicated that they may be unable 

to complete the transition to ULSD by 

the current deadlines at the very 

furthest reaches the distribution system. 

In response, today’s proposed action 

would make limited changes to the 

transition provisions for entities in the 

highway diesel distribution system. 

These proposed changes finely balance 

the concerns of the fuel industry with 

the critical need for ULSD to be 

available for 2007 diesel vehicles and 

engines. The impacts of the recent 

hurricanes along the Gulf Coast of the 

U.S. are not a contributing factor in 

today’s proposed action, and there 

would be no change in the June 1, 2006 

start date for refiners to be producing 

ULSD (15 ppm sulfur). 

We propose to extend the ULSD 

implementation dates for terminals and 

retail outlets by 45 days. Thus, 

terminals would have until September 

1, 2006 (vs. July 15) and retailers would 

have until October 15, 2006 (vs. 

September 1) to complete their 

transitions to ULSD. We also propose 

that downstream of the refinery fuel 

slightly higher than 15 ppm sulfur could 

temporarily be sold as ULSD. In 

addition, we propose to extend the 

beginning of the restriction on how 

much ULSD can be downgraded to 

higher sulfur fuel by 15 days, to October 

15, 2006 to be consistent with the end 

of the proposed new transition dates. 

The rule also includes proposed 

corrections to the recordkeeping and 

reporting requirements under the 

highway diesel and also proposes 

several minor amendments to the 

highway diesel sulfur, nonroad diesel 

sulfur, and gasoline sulfur programs to 

correct errors or omissions in the 

regulations. 

DATES: Written comments must be 

received by December 22, 2005. More 

information about commenting on this 

action may be found under Public 

Participation in SUPPLEMENTARY

INFORMATION, below. 

ADDRESSES: For detailed instructions on 

submitting comments and additional 

information on the rulemaking process, 

see the ‘‘Public Participation’’ heading 

of the SUPPLEMENTARY INFORMATION

section of this document. This proposed 

rule and the accompanying direct final 

rule are available electronically on the 

day of publication from the Office of the 

Federal Register internet Web site listed 

below. Prepublication electronic copies 

of these notices are also available from 

the EPA Office of Transportation and 

Air Quality Web site listed below. This 

service is free of charge, except for any 

cost that you already incur for internet 

connectivity. 

Federal Register Web Site: http:// 

www.epa.gov/docs/fedrgstr/EPA-AIR/ 

(Either select desired date or use Search 

feature.) 

Office of Transportation and Air 

Quality Web Site: http://www.epa.gov/ 

otaq/ (Look in ‘‘What’s New’’ or under 

the specific rulemaking topic.) 

Please note that due to differences 

between the software used to develop 

the document and the software into 

which the document may be 

downloaded, changes in format, page 

length, etc. may occur. 

EPA has established a docket for this 

action under Docket ID No. OAR–2005–

0153. All documents in the docket are 

listed in the EDOCKET index at 

http://www.epa.gov/edocket. Although 

listed in the index, some information is 

not publicly available, i.e., Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

Federal Register / Vol. 70, No. 224 / Tuesday, November 22, 2005 / Proposed Rules 70567 

1 During the course of the Nonroad Rule, the 

Agency converted from the legacy docket system to 

the current electronic docket system (EDOCKET). 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically in EDOCKET or in hard 

copy at the Air Docket, EPA/DC, EPA 

West, Room B102, 1301 Constitution 

Ave., NW., Washington, DC. The Public 

Reading Room is open from 8:30 a.m. to 

4:30 p.m., Monday through Friday, 

excluding legal holidays. The telephone 

number for the Public Reading Room is 

(202) 566–1744, and the telephone 

number for the Air Docket is (202) 566–

1742. 

FOR FURTHER INFORMATION CONTACT: Tad 

Wysor, Assessment and Standards 

Division, U.S. EPA, National Vehicle 

and Fuels Emission Laboratory, 2000 

Traverwood, Ann Arbor, MI 48105; 

telephone: (734) 214–4332, fax: (734) 

214–4816, e-mail: wysor.tad@epa.gov. 

SUPPLEMENTARY INFORMATION: For 

further information, including the 

rationale, administrative requirements, 

statutory authority, and regulatory text 

for these technical amendments, please 

see the information provided in the 

direct final action that is located in the 

‘‘Rules and Regulations’’ section of this 

Federal Register publication. 

Public Participation: EPA solicits 

comments on all aspects of this proposal 

from all parties. Wherever applicable, 

full supporting data and detailed 

analysis should also be submitted to 

allow EPA to make maximum use of the 

comments. You may submit comments, 

identified by Docket No. OAR–2005–

0153, by any of the following methods: 

• Federal eRulemaking portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• E-mail: A-and-R–Docket@epa.gov. 

Include Docket No. OAR–2005–0153 in 

the subject line of the message. 

• Fax: (202) 566–1741. 

• Mail: U.S. Environmental 

Protection Agency, EPA West (Air 

Docket), 1200 Pennsylvania Avenue, 

NW., Room: B108; Mail Code: 6102T, 

Washington, DC 20460. 

• Hand Delivery/Courier: EPA Docket 

Center (Air Docket), U.S. Environmental 

Protection Agency, 1301 Constitution 

Avenue, NW., Room: B108; Mail Code: 

6102T, Washington, DC 20004. 

Instructions: Direct your comments to 

Docket ID No. OAR–2005–0153. EPA’s 

policy is that all comments received 

will be included in the public docket 

without change and may be made 

available online at http://www.epa.gov/ 

edocket, including any personal 

information provided, unless the 

comment includes information claimed 

to be Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. Do 

not submit information that you 

consider to be CBI or otherwise 

protected through EDOCKET, 

regulations.gov, or e-mail. 

The EPA EDOCKET and the federal 

regulations.gov Web sites are 

‘‘anonymous access’’ systems, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through 

EDOCKET or regulations.gov, your email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. For additional information 

about EPA’s public docket visit 

EDOCKET on-line or see the Federal 

Register of May 31, 2002 (67 FR 38102). 

I. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), the Agency is 

required to determine whether this 

regulatory action would be ‘‘significant’’

and therefore subject to review by the 

Office of Management and Budget 

(OMB) and the requirements of the 

Executive Order. The order defines a 

‘‘significant regulatory action’’ as any 

regulatory action that is likely to result 

in a rule that may: 

• Have an annual effect on the 

economy of $100 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; 

• Create a serious inconsistency or 

otherwise interfere with an action taken 

or planned by another agency; 

• Materially alter the budgetary 

impact of entitlements, grants, user fees, 

or loan programs or the rights and 

obligations of recipients thereof; or, 

• Raise novel legal or policy issues 

arising out of legal mandates, the 

President’s priorities, or the principles 

set forth in the Executive Order. 

Pursuant to the terms of Executive 

Order 12866, EPA has determined that 

this proposed rule is not a ‘‘significant 

regulatory action’’. Today’s action 

proposes to move the implementation 

date for certain recordkeeping and 

reporting requirements under the 

highway diesel program from June 1, 

2007 to June 1, 2006 for an additional 

one time cost of $11,570,000 (see 

sections II and IV.B. in the preamble to 

the direct final rule that accompanies 

this proposal in the ‘‘Rules and 

Regulations’’ section of this Federal 

Register). Today’s proposal would 

extend the terminal and retail ULSD 

implementation dates, and the effective 

date of the anti-downgrading 

requirement, and increase the 

downstream sulfur adjustment factor 

during the transition period to ULSD 

(see section I of the preamble to the 

accompanying direct final rule). There 

would be no new costs associated with 

these provisions. There would also be 

no new costs associated with the other 

proposed miscellaneous technical 

amendments to the highway diesel, 

nonroad diesel, and Tier 2 gasoline 

programs (see section III in the 

accompanying direct final rule). 

Therefore, this proposed rule is not 

subject to the requirements of Executive 

Order 12866. 

Final Regulatory Support Documents 

were prepared in connection with the 

original regulations for the Highway 

Diesel Rule, Nonroad Diesel Rule, and 

Tier 2 gasoline rule as promulgated on 

January 18, 2001, June 29, 2004, and 

February 10, 2000 respectively, and we 

have no reason to believe that our 

analyses in the original rulemakings 

were inadequate. The relevant analyses 

are available in the docket for the 

January 18, 2001 rulemaking (A–99–

061), the June 29, 2004 rulemaking 

(OAR–2003–0012 and A–2001–28) 1, 

and the February 10, 2000 rulemaking 

(A–97–10), and at the following Internet 

addresses: http://www.epa.gov/ 

cleandiesel and http://www.epa.gov/ 

tier2. The original actions were 

submitted to the Office of Management 

and Budget for review under Executive 

Order 12866. 

B. Paperwork Reduction Act 

The annual information collection 

burden associated with this action was 

accounted for in previously approved 

ICRs. The provisions of this proposed 

rule would provide limited additional 

70568 Federal Register / Vol. 70, No. 224 / Tuesday, November 22, 2005 / Proposed Rules 

flexibility to entities in the highway 

diesel distribution system during the 

transition to ultra-low sulfur diesel fuel 

in 2006. The other miscellaneous 

proposed amendments in today’s notice 

contain technical corrections and 

clarifications which do not include any 

new information collection 

requirements. The proposed 

amendments to the designate and track 

provisions under the highway and 

nonroad diesel programs (contained in 

section II of the accompanying direct 

final rule) would require compliance 

with these provisions beginning June 1, 

2006. Compliance with these provisions 

is currently required beginning June 1, 

2007. The annual compliance burden 

associated with these provisions would 

not be affected by advancing the 

implementation date by one year. This 

annual burden was accounted for in the 

current information collection request 

for the highway and nonroad diesel fuel 

programs. The Office of Management 

and Budget (OMB) has previously 

approved the information collection 

requirements contained in the existing 

highway rule (66 FR 5002, January 18, 

2001), the existing Nonroad Rule (69 FR 

38958, June 29, 2004), and the existing 

Tier 2 gasoline rule (65 FR 6698, 

February 10, 2000), under the 

provisions of the Paperwork Reduction 

Act, 44 U.S.C. 3501 et seq. The ICRs 

contained in the highway diesel and 

nonroad diesel rules were assigned 

OMB control number 2060–0308, and 

EPA ICR number 1718.06. This ICR is 

currently being revised to reflect the 

change in the implementation date for 

the pertinent designate and track 

requirements from June 1, 2006 to June 

1, 2007 (consistent with the 

accompanying direct final rule). The 

annual compliance burden for the full 

designate and track requirement 

beginning in June 1, 2007 was estimated 

at $11,570,000 and 178,000 hours. The 

designate and track requirements that 

today’s proposed rule would make 

effective June 1, 2006, are for a limited 

subset of designated fuels (highway 

diesel only), and the reporting 

requirements for the initial year (June 1, 

2006—May 31, 2007) were abbreviated 

by today’s rule. Therefore, the annual 

burden for the initial year could be 

expected to be somewhat less than that 

estimated for following years. 

The ICRs contained in the Tier 2 

gasoline rule were assigned OMB 

control number 2060–0437, and EPA 

ICR number 1907.02. A copy of the 

OMB approved Information Collection 

Requests (ICRs) may be obtained from 

Susan Auby, Collection Strategies 

Division; U.S. Environmental Protection 

Agency (2822T); 1200 Pennsylvania 

Ave., NW., Washington, DC 20460 or by 

calling (202) 566–1672. 

Burden means the total time, effort, or 

financial resources expended by persons 

to generate, maintain, retain, or disclose 

or provide information to or for a 

Federal agency. This includes the time 

needed to review instructions; develop, 

acquire, install, and utilize technology 

and systems for the purposes of 

collecting, validating, and verifying 

information, processing and 

maintaining information, and disclosing 

and providing information; adjust the 

existing ways to comply with any 

previously applicable instructions and 

requirements; train personnel to be able 

to respond to a collection of 

information; search data sources; 

complete and review the collection of 

information; and transmit or otherwise 

disclose the information. 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to a collection of information 

unless it displays a currently valid OMB 

control number. The OMB control 

numbers for EPA’s regulations in 40 

CFR are listed in 40 CFR part 9. 

C. Regulatory Flexibility 

The Regulatory Flexibility Act (RFA) 

generally requires an agency to prepare 

a regulatory flexibility analysis of any 

rule subject to notice and comment 

rulemaking requirements under the 

Administrative Procedure Act or any 

other statute unless the agency certifies 

that the rule will not have a significant 

economic impact on a substantial 

number of small entities. Small entities 

include small businesses, small 

organizations, and small governmental 

jurisdictions. 

For purposes of assessing the impacts 

of this rule on small entities, a small 

entity is defined as: (1) A small business 

as defined by the Small Business 

Administration (SBA) size standards at 

13 CFR 121.201; (2) a small 

governmental jurisdiction that is a 

government of a city, county, town, 

school district or special district with a 

population of less than 50,000; and (3) 

a small organization that is any not-forprofit enterprise which is independently 

owned and operated and is not 

dominant in its field. 

After considering the economic 

impacts of today’s proposed rule on 

small entities, we certify that this action 

would not have a significant economic 

impact on a substantial number of small 

entities. The proposed ULSD transition 

provisions in today’s rule would 

provide limited, temporary flexibility to 

entities in the highway diesel 

distribution system downstream of the 

refineries and import facilities. 

Advancing the implementation date for 

certain recordkeeping and reporting 

requirements under the highway diesel 

program (as described in section II of 

the preamble to the direct final rule that 

accompanies this proposal) would result 

in an additional one year of costs 

associated with compliance with these 

provisions for all affected fuel 

distributors, including those that are 

small entities. During the rulemaking 

that resulted in the promulgation of 

these provisions, we determined that 

they would not have a significant 

impact on a substantial number of small 

entities. The other miscellaneous 

proposed technical amendments to the 

highway diesel, nonroad diesel, and 

Tier 2 gasoline programs would not 

impose a significant new burden to any 

regulated party. 

Prior to proposing the Highway Rule 

on June 2, 2000, the Nonroad Rule on 

May 23, 2003, and the Tier 2 Gasoline 

Rule on May 13, 1999 EPA conducted 

outreach to small entities and convened 

Small Business Advocacy Review 

(SBAR) panels to obtain the advice and 

recommendations of representatives of 

the small entities that potentially would 

be subject to the requirements of the 

rules (66 FR at 5130, 69 FR at 39155–

6, and 69 FR 39155–39162 respectively). 

For a full description of the Panel 

process, the SBAR report, and the initial 

Regulatory Flexibility Analyses (in 

Chapters 8, 11, and 8 respectively) of 

each rule’s Regulatory Impact Analysis 

(RIA), refer to the docket for the 

Highway Diesel Rule (Public Docket A–

99–061), the Nonroad Diesel Rule 

(Public Docket OAR–2003–0012 and A–

2001–28), and the Tier 2 Gasoline Rule 

(Public Docket A–97–10), and the 

following Internet addresses: http:// 

www.epa.gov/cleandiesel/ and http:// 

www.epa.gov/tier2/. 

D. Unfunded Mandates Reform Act 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA), Public 

Law 104–4, establishes requirements for 

Federal agencies to assess the effects of 

their regulatory actions on state, local, 

and tribal governments and the private 

sector. Under section 202 of the UMRA, 

EPA generally must prepare a written 

statement, including a cost-benefit 

analysis, for proposed and final rules 

with ‘‘Federal mandates’’ that may 

result in expenditures to state, local, 

and tribal governments, in the aggregate, 

or to the private sector, of $100 million 

or more in any one year. Before 

promulgating an EPA rule for which a 

written statement is needed, section 205 

of the UMRA generally requires EPA to 

identify and consider a reasonable 

Federal Register / Vol. 70, No. 224 / Tuesday, November 22, 2005 / Proposed Rules 70569 

number of regulatory alternatives and to 

adopt the least costly, most costeffective, or least burdensome 

alternative that achieves the objectives 

of the rule. The provisions of section 

205 do not apply when they are 

inconsistent with applicable law. 

Moreover, section 205 allows EPA to 

adopt an alternative other than the least 

costly, most cost-effective, or least 

burdensome alternative if the 

Administrator publishes with the final 

rule an explanation of why such an 

alternative was adopted. 

Before EPA establishes any regulatory 

requirements that may significantly or 

uniquely affect small governments, 

including tribal governments, it must 

have developed a small government 

agency plan under section 203 of the 

UMRA. The plan must provide for the 

following: Notifying potentially affected 

small governments, enabling officials of 

affected small governments to have 

meaningful and timely input in the 

development of EPA regulatory 

proposals with significant Federal 

intergovernmental mandates, and 

informing, educating, and advising 

small governments on compliance with 

the regulatory requirements. 

This proposed rule contains no 

federal mandates for state, local, or 

tribal governments as defined by the 

provisions of Title II of the UMRA. This 

proposed rule would impose no 

enforceable duties on any of these 

governmental entities. Nothing in the 

rule would significantly or uniquely 

affect small governments. EPA has 

determined that this rule contains no 

federal mandates that may result in 

expenditures of more than $100 million 

to the private sector in any single year. 

The requirements of UMRA therefore do 

not apply to this action. 

E. Executive Order 13132: Federalism 

Executive Order 13132, entitled 

‘‘Federalism’’ (64 FR 43255, August 10, 

1999), requires EPA to develop an 

accountable process to ensure 

‘‘meaningful and timely input by State 

and local officials in the development of 

regulatory policies that have federalism 

implications.’’ ‘‘Policies that have 

federalism implications’’ are defined in 

the Executive Order to include 

regulations that 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.’’

Under Section 6 of Executive Order 

13132, EPA may not issue a regulation 

that has federalism implications, 

imposes substantial direct compliance 

costs, and is not required by statute. 

However, if the Federal government 

provides the funds necessary to pay the 

direct compliance costs incurred by 

State and local governments, or EPA 

consults with State and local officials 

early in the process of developing the 

regulation, these restrictions do not 

apply. EPA also may not issue a 

regulation that has federalism 

implications and that preempts State 

law, unless the Agency consults with 

State and local officials early in the 

process of developing the regulation. 

Section 4 of the Executive Order 

contains additional requirements for 

rules that preempt State or local law, 

even if those rules do not have 

federalism implications (i.e., the rules 

will not have substantial direct effects 

on the States, on the relationship 

between the national government and 

the states, or on the distribution of 

power and responsibilities among the 

various levels of government). Those 

requirements include providing all 

affected State and local officials notice 

and an opportunity for appropriate 

participation in the development of the 

regulation. If the preemption is not 

based on express or implied statutory 

authority, EPA also must consult, to the 

extent practicable, with appropriate 

State and local officials regarding the 

conflict between State law and 

Federally protected interests within the 

agency’s area of regulatory 

responsibility. 

This rule does not have federalism 

implications. It would not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132. Although 

section 6 of Executive Order 13132 did 

not apply to the Highway Rule (66 FR 

5002) or the Nonroad Rule (69 FR 

38958), EPA did consult with 

representatives from STAPPA/ALAPCO, 

which represents state and local air 

pollution officials. In the spirit of 

Executive Order 13132, and consistent 

with EPA policy to promote 

communications between EPA and State 

and local governments, EPA specifically 

solicits comment on this proposed rule 

from State and local officials. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

Executive Order 13175, entitled 

‘‘Consultation and Coordination with 

Indian Tribal Governments’’ (59 FR 

22951, November 6, 2000), requires EPA 

to develop an accountable process to 

ensure ‘‘meaningful and timely input by 

tribal officials in the development of 

regulatory policies that have tribal 

implications.’’ ‘‘Policies that have tribal 

implications’’ is defined in the 

Executive Order to include regulations 

that have ‘‘substantial direct effects on 

one or more Indian tribes, on the 

relationship between the Federal 

government and the Indian tribes, or on 

the distribution of power and 

responsibilities between the Federal 

government and Indian tribes.’’

This rule does not have tribal 

implications. It would not have 

substantial direct effects on tribal 

governments, on the relationship 

between the Federal government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal government and Indian tribes, 

as specified in Executive Order 13175. 

This rule would not uniquely affect the 

communities of Indian Tribal 

Governments. This rule does not have 

tribal implications and does not impose 

substantial direct compliance costs on 

Indian tribal governments. Thus, 

Executive Order 13175 does not apply 

to this rule. EPA specifically solicits 

comment on this proposed rule from 

tribal officials. 

G. Executive Order 13045: Children’s 

Health Protection 

Executive Order 13045, ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997) applies to any rule that 

(1) is determined to be ‘‘economically 

significant’’ as defined under Executive 

Order 12866, and (2) concerns an 

environmental health or safety risk that 

EPA has reason to believe may have a 

disproportionate effect on children. If 

the regulatory action meets both criteria, 

section 5–501 of the Order directs the 

Agency to evaluate the environmental 

health or safety effects of the planned 

rule on children, and explain why the 

planned regulation is preferable to other 

potentially effective and reasonably 

feasible alternatives considered by the 

Agency. 

This rule is not subject to the 

Executive Order because it is not 

economically significant, and does not 

involve decisions on environmental 

health or safety risks that may 

disproportionately affect children. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This rule is not a ‘‘significant energy 

action’’ as defined in Executive Order 

13211, ‘‘Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

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

22, 2001) because it is not likely that it 

70570 Federal Register / Vol. 70, No. 224 / Tuesday, November 22, 2005 / Proposed Rules 

would have a significant adverse effect 

on the supply, distribution or use of 

energy. This proposed rule would 

provide limited, temporary flexibility to 

entities in the highway diesel 

distribution system downstream of the 

refineries and import facilities. Other 

proposed amendments contained in 

today’s action pertain to ensuring the 

enforceability of the highway diesel 

program. The remaining proposed 

amendments in today’s rule would 

provide technical correction and 

clarification to the requirements under 

the highway diesel, the nonroad diesel, 

and the Tier 2 gasoline programs. 

I. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (‘‘NTTAA’’), Public Law 

104–113, section 12(d) (15 U.S.C. 272 

note) directs EPA to use voluntary 

consensus standards in its regulatory 

activities unless doing so would be 

inconsistent with applicable law or 

otherwise impractical. Voluntary 

consensus standards are technical 

standards (such as materials 

specifications, test methods, sampling 

procedures, and business practices) that 

are developed or adopted by voluntary 

consensus standards bodies. NTTAA 

directs EPA to provide Congress, 

through OMB, explanations when the 

Agency decides not to use available and 

applicable voluntary consensus 

standards. 

This proposed rule does not involve 

technical standards. Thus, we have 

determined that the requirements of the 

NTTAA do not apply. 

II. Statutory Provisions and Legal 

Requirements 

The statutory authority for this action 

comes from sections 211(c) and (i) of the 

Clean Air Act as amended 42 U.S.C. 

7545(c) and (i). This action is a 

rulemaking subject to the provisions of 

Clean Air Act section 307(d). See 42 

U.S.C. 7606(d)(1). Additional support 

for the procedural and enforcement 

related aspects of the rule comes from 

sections 144(a) and 301(a) of the Clean 

Air Act. 42 U.S.C. 7414(a) and 7601(a). 

List of Subjects in 40 CFR Part 80 

Environmental protection, Diesel fuel, 

Fuel additives, Gasoline, Motor vehicle 

Pollution, Penalties, Recordkeeping and 

reporting requirements. 

Dated: November 8, 2005. 

Stephen L. Johnson, 

Administrator. 

[FR Doc. 05–22806 Filed 11–21–05; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

43 CFR Part 2930 

RIN: 1004–AD68 

[WO–250–1220–PA–24 1A] 

Permits for Recreation on Public 

Lands 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Proposed rule. 

SUMMARY: This proposed rule would 

update the regulations of the Bureau of 

Land Management (BLM) that tell how 

to obtain recreation permits for 

commercial recreational operations, 

competitive events and activities, 

organized group activities and events, 

and individual recreational use of 

special areas. 

The proposed rule is needed to 

remove from the regulations 

inconsistencies with the Federal Lands 

Recreation Enhancement Act (REA), 

which authorizes the Secretaries of the 

Interior and Agriculture to establish, 

modify, charge, and collect recreation 

fees at Federal recreation lands and 

waters for the next 10 years. 

DATES: You should submit your 

comments by January 23, 2006. BLM 

will not necessarily consider comments 

postmarked or received by messenger or 

electronic mail after the above date in 

the decisionmaking process on the 

proposed rule. 

ADDRESSES:

Mail: Director (630), Bureau of Land 

Management, Administrative Record, 

Room 401-LS, Eastern States Office, 

7450 Boston Boulevard, Springfield, 

Virginia 22153. 

Personal or messenger delivery: Room 

401, 1620 L Street, NW., Washington, 

DC 20036. 

Federal eRulemaking Portal: http:// 

www.regulations.gov. 

Internet e-mail: 

comments_washington@blm.gov. 

(Include ‘‘Attn: AD68’’). 

FOR FURTHER INFORMATION CONTACT: Lee 

Larson at (202) 452–5168 as to the 

substance of the proposed rule, or Ted 

Hudson at (202) 452–5042 as to 

procedural matters. Persons who use a 

telecommunications device for the deaf 

(TDD) may contact either individual by 

calling the Federal Information Relay 

Service (FIRS) at (800) 877–8339, 24 

hours a day, 7 days a week. 

SUPPLEMENTARY INFORMATION: 

I. Public Comment Procedures 

II. Background 

III. Discussion of Proposed Rule 

IV. Procedural Matters 

I. Public Comment Procedures 

A. How do I comment on the proposed 

rule? 

If you wish to comment, you may 

submit your comments by any one of 

several methods. 

• You may mail comments to Director 

(630), Bureau of Land Management, 

Administrative Record, Room 401 LS, 

Eastern States Office, 7450 Boston 

Boulevard, Springfield, Virginia 22153. 

• You may deliver comments to 

Room 401, 1620 L Street, NW., 

Washington, DC 20036. 

• You may comment on the rule at 

the Federal eRulemaking Portal: http:// 

www.regulations.gov. 

• You may also comment via e-mail 

to: comments_washington@blm.gov. 

Please make your comments on the 

proposed rule as specific as possible, 

confine them to issues pertinent to the 

proposed rule, and explain the reason 

for any changes you recommend. Where 

possible, your comments should 

reference the specific section or 

paragraph of the proposal that you are 

addressing. 

BLM may not necessarily consider or 

include in the Administrative Record 

for the final rule comments that BLM 

receives after the close of the comment 

period (see DATES) or comments 

delivered to an address other than those 

listed above (see ADDRESSES). 

B. May I review comments submitted by 

others? 

Comments, including names and 

street addresses of respondents, will be 

available for public review at the 

address listed under ‘‘ADDRESSES: 

Personal or messenger delivery’’ during 

regular business hours (7:45 a.m. to 4:15 

p.m.), Monday through Friday, except 

holidays. 

Individual respondents may request 

confidentiality, which we will honor to 

the extent allowable by law. If you wish 

to withhold your name or address, 

except for the city or town, you must 

state this prominently at the beginning 

of your comment. We will make all 

submissions from organizations or 

businesses, and from individuals 

identifying themselves as 

representatives or officials of 

organizations or businesses, available 

for public inspection in their entirety. 

II. Background 

The REA was passed in the 2005 

Omnibus Appropriations bill signed 

into law on December 8, 2004. The Act 

provides authority for 10 years for the 

Secretaries of the Interior and