Federal Register / Vol. 70, No. 223 / Monday, November 21, 2005 / Notices 70073 

pulmonary disease, and methyl 

chloroform for use in manufacturing 

solid rocket motors. 

The timing of this process is typically 

such that in any given year the Parties 

review nominations for essential use 

exemptions from the production and 

consumption phaseout intended for the 

following year and subsequent years. 

This means that, if nominated, 

applications submitted in response to 

today’s notice for an exemption in 2007 

and 2008 may be considered by the 

Parties in 2006 for final action. The 

quantities of controlled ODSs that are 

requested in response to this notice, if 

approved by the Parties to the Montreal 

Protocol, will then be allocated as 

essential use allowances (EUAs) to the 

specific U.S. companies through notice 

and comment rulemaking, to the extent 

that such allocations are consistent with 

the CAA. 

II. Information Required for Essential 

Use Applications for Production or 

Importation of Class I Substances in 

2007 and 2008 

Through this action, EPA requests 

applications for essential use 

exemptions for all class I substances, 

except methyl bromide, for calendar 

years 2007 and 2008. This notice is the 

last opportunity to submit new or 

revised applications for 2007. This 

notice is also the first opportunity to 

submit requests for 2008. Companies 

will have an opportunity to submit new, 

supplemental, or amended applications 

for 2008 next year. All requests for 

exemptions submitted to EPA must 

present information as prescribed in the 

current version of the TEAP ‘‘Handbook 

on Essential Use Nominations’’ (or 

‘‘handbook’’), which was published in 

June 2001. The handbook is available 

electronically on the Web at http:// 

www.teap.org or at http://www.epa.gov/ 

ozone. 

In brief, the TEAP Handbook states 

that applicants must present 

information on: 

• Role of use in society; 

• Alternatives to use; 

• Steps to minimize use; 

• Steps to minimize emissions; 

• Recycling and stockpiling; 

• Quantity of controlled substances 

requested; and 

• Approval date and indications (for 

MDIs). 

First, in order to obtain complete 

information from essential use 

applicants for CFC MDIs, EPA requires 

that entities (such as the International 

Pharmaceutical Aerosol Consortium) 

who request CFCs for multiple 

pharmaceutical companies make clear 

the amount of CFCs requested for each 

member company. Second, all essential 

use applications for CFCs must provide 

a breakdown of the quantity of CFCs 

necessary for each MDI product to be 

produced. This detailed breakdown of 

EUAs will allow EPA and the Food and 

Drug Administration to make informed 

decisions on the amount of CFC to be 

nominated by the U.S. Government for 

the years 2007 and 2008. Third, all new 

drug application (NDA) holders for CFC 

MDI products produced in the United 

States must submit a complete 

application for essential use allowances 

either on their own or in conjunction 

with their contract filler. In the case 

where a contract filler produces a 

portion of an NDA holder’s CFC MDIs, 

the contract filler and the NDA holder 

must determine the total amount of 

CFCs necessary to produce the NDA 

holder’s entire product line of CFC 

MDIs. The NDA holder must provide an 

estimate of how the CFCs would be split 

between the contract filler and the NDA 

holder in the allocation year. This 

estimate will be used only as a basis for 

determining the nomination amount, 

and may be adjusted prior to allocation 

of EUAs. Since the U.S. Government 

does not forward incomplete or 

inadequate nominations to the Ozone 

Secretariat, it is important for applicants 

to provide all information requested in 

the Handbook, including the 

information specified in the 

supplemental research and development 

form (page 45). 

The accounting framework matrix in 

the handbook entitled ‘‘Table IV: 

Reporting Accounting Framework for 

Essential Uses Other Than Laboratory 

and Analytical’’ requests data for the 

year 2005 on the amount of ODS 

exempted for an essential use, the 

amount acquired by production, the 

amount acquired by import, the amount 

on hand at the start of the year, the 

amount available for use in 2005, the 

amount used for the essential use, the 

quantity contained in exported 

products, the amount destroyed, and the 

amount on hand at the end of 2005. 

Because all data necessary for 

applicants to complete Table IV will not 

be available until after January 1, 2006, 

companies should not include this chart 

with their EUA applications in response 

to this action. Instead, companies 

should provide the required data as 

specified in 40 CFR 82.13(u)(2). EPA 

will compile companies’ responses to 

complete the U.S. CFC Accounting 

Framework for submission to the Parties 

to the Montreal Protocol by the end of 

January. 

EPA anticipates that the Parties’

review of MDI essential use requests 

will focus extensively on the United 

States’ progress in developing 

alternatives to CFC MDIs, including 

education programs to inform patients 

and health care providers of the CFC 

phaseout and the transition to 

alternatives, particularly in the case of 

albuterol MDIs where a phaseout date 

has been set by the FDA. Accordingly, 

applicants are strongly advised to 

present detailed information on these 

points, including the scope and cost of 

such efforts and the medical and patient 

organizations involved in the work. 

Applicants should submit their 

exemption requests to EPA as noted in 

the ADDRESSES section at the beginning 

of today’s document. 

Dated: November 14, 2005. 

Edward Callahan, 

Acting Director, Office of Air and Radiation. 

[FR Doc. 05–22890 Filed 11–18–05; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[AMS–FRL–7998–9] 

California State Motor Vehicle 

Pollution Control Standards; Within 

the Scope Requests; Opportunity for 

Public Hearing and Comment 

AGENCY: Environmental Protection 

Agency, (EPA). 

ACTION: Notice of opportunity for public 

hearing and public comment. 

SUMMARY: The California Air Resources 

Board (CARB) has notified EPA that it 

has approved amendments to its onhighway motorcycle and motorcycle 

engine for 2004 and subsequent model 

years. CARB requests that EPA confirm 

CARB’s findings that its amendments 

are within-the-scope of previous 

waivers issued by EPA under section 

209(b) of the Clean Air Act (Act), 42 

U.S.C. 7543(b). 

DATES: EPA has tentatively scheduled a 

public hearing for December 27, 2005, 

2005 beginning at 10 a.m. EPA will hold 

a hearing only if a party notifies EPA by 

December 12, 2005, expressing its 

interest in presenting oral testimony 

regarding CARB’s requests or other 

issues noted in this notice. By December 

16, 2005, any person who plans to 

attend the hearing should call David 

Dickinson of EPA’s Compliance and 

Innovative Strategies Division at (202) 

343–9256 to learn if a hearing will be 

held. Any party may submit written 

comments by January 30, 2006. 

ADDRESSES: EPA will make available for 

public inspection at the Air and 

Radiation Docket written comments 

received from interested parties, in 

70074 Federal Register / Vol. 70, No. 223 / Monday, November 21, 2005 / Notices 

addition to any testimony given at the 

public hearing. The official public 

docket is the collection of materials that 

is available for public viewing at the Air 

and Radiation Docket in the EPA Docket 

Center, (EPA/DC) EPA West, Room 

B102, 1301 Constitution Ave., NW., 

Washington, DC. 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 

OAR–2004–0486. Parties wishing to 

present oral testimony at the public 

hearing(s) should provide written notice 

to David Dickinson at the address noted 

below; parties should also submit any 

written comments to David Dickinson. If 

EPA receives a request for a public 

hearing, EPA will hold the public 

hearing at 1310 L St, NW., Washington, 

DC 20005. 

For Obtaining and Submitting 

Electronic Copies of Documents, or For 

Further Information: David Dickinson, 

Compliance and Innovative Strategies 

Division (6405J), U.S. Environmental 

Protection Agency, 1200 Pennsylvania 

Ave, NW., Washington, DC 20460. 

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

343–2804, e-mail address: 

Dickinson.David@EPA.GOV. EPA will 

make available an electronic copy of 

this Notice on the Office of 

Transportation and Air Quality’s 

(OTAQ’s) homepage (http:// 

www.epa.gov/otaq/). Users can find this 

document by accessing the OTAQ 

homepage and looking at the path 

entitled ‘‘Regulations.’’ This service is 

free of charge, except any cost you 

already incur for Internet connectivity. 

Users can also get the official Federal 

Register version of the Notice on the 

day of publication on the primary 

website: (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. Parties wishing 

to present oral testimony at the public 

hearing should provide written notice to 

David Dickinson at: U.S. Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., (6405J), Washington, DC 

20460. Telephone: (202) 343–9256. 

Docket: An electronic version of the 

public docket is available through EPA’s 

electronic public docket and comment 

system. You may use EPA dockets at 

http://www.epa.gov/edocket/ to submit 

or view the public comments, access the 

index listing of the contents of the 

official public docket, and to access 

those documents in the public docket 

that are available electronically. 

Although a part of the official docket, 

the public docket does not include 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Once in the 

edocket system, select ‘‘search,’’ then 

key in the appropriate docket ID 

number. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Section 209(a) of the Clean Air Act, as 

amended (‘‘Act’’), 42 U.S.C. 7543(a), 

provides: 

No State or any political subdivision 

thereof shall adopt or attempt to enforce any 

standard relating to the control of emissions 

from new motor vehicles or new motor 

vehicle engines subject to this part. No state 

shall require certification, inspection or any 

other approval relating to the control of 

emissions from any new motor vehicle or 

new motor vehicle engine as condition 

precedent to the initial retail sale, titling (if 

any), or registration of such motor vehicle, 

motor vehicle engine, or equipment. 

Section 209(b)(1) of the Act requires 

the Administrator, after notice and 

opportunity for public hearing, to waive 

application of the prohibitions of 

section 209(a) for any state that has 

adopted standards (other than crankcase 

emission standards) for the control of 

emissions from new motor vehicles or 

new motor vehicle engines prior to 

March 30, 1966, if the state determines 

that the state standards will be, in the 

aggregate, at least as protective of public 

health and welfare as applicable federal 

standards. The Administrator must 

grant a waiver unless he finds that (A) 

the determination of the state is 

arbitrary and capricious, (B) the state 

does not need the state standards to 

meet compelling and extraordinary 

conditions, or (C) the state standards 

and accompanying enforcement 

procedures are not consistent with 

section 202(a) of the Act. 

CARB submitted a June 18, 2003, 

letter to the Administrator notifying 

EPA that it had adopted amendments, 

on October 22, 1999, to its on-highway 

motorcycle regulations and requesting 

that EPA confirm that its amendments 

are within the scope of previously 

granted waivers of federal preemption. 

The new amendments provide, among 

other requirements: 

(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-highway 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.’’

CARB asserts, and requests that the 

Administrator confirm, that its onhighway motorcycle amendments fall 

within the scope of EPA’s previously 

granted waivers, and thereby may be 

deemed to meet the requirements of 

section 209(b) of the Act set forth above. 

EPA has decided in the past that 

when California’s amendments: (1) Do 

not undermine the previous 

determination that California’s 

standards, in the aggregate, are at least 

as protective of public health and 

welfare as comparable Federal 

standards; (2) do not affect the 

consistency of California’s requirements 

with section 202(a) of the Act; and (3) 

raise no new issues affecting EPA’s 

previous waiver determinations, then 

EPA’s concurrence that the amendments 

are within the scope of a previous 

waiver determination is merited. 

When EPA receives new waiver 

requests from CARB, EPA publishes a 

notice of opportunity for public hearing 

and comment and then publishes a 

decision in the Federal Register 

following the public comment period. In 

contrast, when EPA receives within the 

scope waiver requests from CARB, EPA 

traditionally publishes a decision in the 

Federal Register and concurrently 

invites public comment if an interested 

party is opposed to EPA’s decision. 

Because of the many new elements of 

CARB’s on-highway motorcycle rule, 

EPA invites comment on the following 

issues before making a determination for 

CARB’s within the scope request: (1) 

Should EPA consider CARB’s requests 

as within the scope of a previous waiver 

request or should they be considered 

and examined as new waiver requests? 

(2) If EPA were to consider CARB’s 

request as a within the scope request 

then do California’s amendments (a) 

undermine California’s previous 

determinations that its standards, in the 

aggregate, are at least as protective of 

public health and welfare as comparable 

Federal standards, (b) affect the 

consistency of California’s requirements 

with section 202(a) of the Act, and (c) 

Federal Register / Vol. 70, No. 223 / Monday, November 21, 2005 / Notices 70075 

raise new issues affecting EPA’s 

previous waiver determinations? (3) If 

EPA were to consider CARB’s requests 

as a new waiver request, then provide 

comment on (a) whether California’s 

determination that its standards are at 

least as protective of public health and 

welfare as applicable federal standards 

is arbitrary and capricious, (b) whether 

California needs separate standards to 

meet compelling and extraordinary 

conditions, and (c) whether California’s 

standards and accompanying 

enforcement procedures are consistent 

with section 202(a) of the Act. 

II. Procedures for Public Participation 

If a public hearing is held, any party 

desiring to make an oral statement on 

the record should file ten (10) copies of 

its proposed testimony and other 

relevant material with David Dickinson 

at the address listed above no later than 

December 23, 2005. In addition, the 

party should submit 25 copies, if 

feasible, of the planned statement to the 

presiding officer at the time of the 

hearing. 

In recognition that a public hearing is 

designed to give interested parties an 

opportunity to participate in this 

proceeding, there are no adverse parties 

as such. Statements by participants will 

not be subject to cross-examination by 

other participants without special 

approval by the presiding officer. The 

presiding officer is authorized to strike 

from the record statements that he or 

she deems irrelevant or repetitious and 

to impose reasonable time limits on the 

duration of the statement of any 

participant. 

If a hearing is held, the Agency will 

make a verbatim record of the 

proceedings. Interested parties may 

arrange with the reporter at the hearing 

to obtain a copy of the transcript at their 

own expense. Regardless of whether a 

public hearing is held, EPA will keep 

the record open until January 25, 2006. 

Upon expiration of the comment period, 

the Administrator will render a decision 

on CARB’s request based on the record 

of the public hearing, if any, relevant 

written submissions, and other 

information that he deems pertinent. 

Persons with comments containing 

proprietary information must 

distinguish such information from other 

comments to the greatest possible extent 

and label it as ‘‘Confidential Business 

Information’’ (CBI). If a person making 

comments wants EPA to base its 

decision in part on a submission labeled 

CBI, then a nonconfidential version of 

the document that summarizes the key 

data or information should be submitted 

for the public docket. To ensure that 

proprietary information is not 

inadvertently placed in the docket, 

submissions containing such 

information should be sent directly to 

the contact person listed above and not 

to the public docket. Information 

covered by a claim of confidentiality 

will be disclosed by EPA only to the 

extent allowed and by the procedures 

set forth in 40 CFR part 2. If no claim 

of confidentiality accompanies the 

submission when EPA receives it, EPA 

will make it available to the public 

without further notice to the person 

making comments. 

Dated: November 3, 2005. 

Elizabeth Craig, 

Acting Assistant Administrator, for Air and 

Radiation. 

[FR Doc. 05–22996 Filed 11–18–05; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[AMS–FRL–7994–9] 

California State Nonroad Engine and 

Vehicle Pollution Control Standards; 

Opportunity for Public Hearing and 

Request for Public Comment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of opportunity for public 

hearing and comment. 

SUMMARY: The California Air Resources 

Board (CARB) has notified EPA that it 

has adopted an Airborne Toxic Control 

Measure (ATCM) establishing in-use 

performance standards for transport 

refrigeration units (TRU) and TRU 

generator sets that will be phased-in 

commencing on December 31, 2008. By 

letter dated March 28, 2005, CARB 

requested that EPA grant California 

authorization for such standards under 

section 209(e)(2) of the Clean Air Act 

(CAA), 42 U.S.C. 7543(b) (EPA 

frequently calls such authorizations 

‘‘waivers of preemption’’). This notice 

announces that EPA has tentatively 

scheduled a public hearing concerning 

California’s request and that EPA is 

accepting written comment on the 

request. 

DATES: EPA has tentatively scheduled a 

public hearing concerning CARB’s 

request on January 3, 2006 beginning at 

10 a.m. EPA will hold a hearing only if 

a party notifies EPA by December 16, 

2005, expressing its interest in 

presenting oral testimony. By December 

21, 2005, any person who plans to 

attend the hearing should call Robert M. 

Doyle at (202) 343–9258 to learn if a 

hearing will be held. If EPA does not 

receive a request for a public hearing, 

then EPA will not hold a hearing, and 

instead consider CARB’s request based 

on written submissions to the docket. 

Any party may submit written 

comments by February 6, 2006. 

ADDRESSES: EPA will make available for 

public inspection at the Air and 

Radiation Docket and Information 

Center written comments received from 

interested parties, in addition to any 

testimony given at the public hearing. 

The official public docket is the 

collection of materials that is available 

for public viewing at the Air and 

Radiation Docket in the EPA Docket 

Center, (EPA/DC) EPA West, Room 

B102, 1301 Constitution Ave., NW., 

Washington, DC. 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 

OAR–2005–0123. Parties wishing to 

present oral testimony at the public 

hearing should provide written notice to 

Robert M. Doyle at the address noted 

below. If EPA receives a request for a 

public hearing, EPA will hold the public 

hearing at 1310 L St., NW., Washington, 

DC 20005. 

FOR FURTHER INFORMATION CONTACT: 

Robert M. Doyle, Compliance and 

Innovative Strategies Division (6405J), 

U.S. Environmental Protection Agency, 

1200 Pennsylvania Ave., NW., 

Washington, DC 20460. Telephone: 

(202) 343–9258, Fax: (202) 343–2804, email address: Doyle.Robert@EPA.GOV. 

EPA will make available an electronic 

copy of this Notice on the Office of 

Transportation and Air Quality’s 

(OTAQ’s) homepage (http:// 

www.epa.gov/otaq/). Users can find this 

document by accessing the OTAQ 

homepage and looking at the path 

entitled ‘‘Regulations.’’ This service is 

free of charge, except any cost you 

already incur for Internet connectivity. 

Users can also get the official Federal 

Register version of the Notice 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. Parties wishing 

to present oral testimony at the public 

hearing should provide written notice to 

Robert M. Doyle at: U.S. Environmental 

Protection Agency, 1200 Pennsylvania