2–24–09 Tuesday Vol. 74 No. 35 Feb. 24, 2009

Pages 8139–8464

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Contents Federal Register Vol. 74, No. 35

Tuesday, February 24, 2009

Agency for Healthcare Research and Quality Defense Department NOTICES See Army Department Agency Information Collection Activities; Proposals, See Engineers Corps Submissions, and Approvals; Correction, 8260 NOTICES Federal Acquisition Regulation: Aging Administration Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 8234 Delegation of Authority, 8260 Delaware River Basin Commission Agricultural Marketing Service NOTICES RULES Meetings: Grapes Grown in a Designated Area of Southeastern Delaware River Basin Commission, 8237–8239 California: Decreased Assessment Rate, 8141–8143 Education Department Tart Cherries Grown in the States of Michigan, et al.: NOTICES Final Free and Restricted Percentages for the 2008–2009 Agency Information Collection Activities; Proposals, Crop Year for Tart Cherries, 8143–8148 Submissions, and Approvals, 8239–8243

Agricultural Research Service Energy Department NOTICES See Federal Energy Regulatory Commission Intent to Grant Exclusive License, 8229 Engineers Corps Agriculture Department NOTICES See Agricultural Marketing Service Environmental Impact Statements; Availability, etc.: See Agricultural Research Service Gulf Intracoastal Waterway, Foley Land Cut, Gulf Shores See Food Safety and Inspection Service and Orange Beach, Baldwin County, AL, 8236–8237

Army Department Environmental Protection Agency See Engineers Corps RULES RULES Control of Air Pollution From New Motor Vehicles and Individual Requests for Access or Amendment of CID New Motor Vehicle Engines: Reports of Investigation, 8215 Regulations Requiring Onboard Diagnostic Systems on NOTICES 2010 and Later Heavy-duty Engines used in Highway Meetings: Applications Over 14,000 Pounds, etc., 8310–8428 Army Science Board 2009 March Plenary, 8234–8235 NOTICES Request for Nominations: Agency Information Collection Activities; Proposals, Inland Waterways Users Board, 8235–8236 Submissions, and Approvals, 8250–8256

Arts and Humanities, National Foundation Executive Office of the President See National Foundation on the Arts and the Humanities See Presidential Documents

Centers for Disease Control and Prevention Federal Aviation Administration NOTICES RULES Opportunity to Collaborate in the Evaluation of Rapid Airworthiness Directives: Diagnostic Tests for HIV and HCV, 8260–8261 Boeing Model 737 600, 700, 700C, 800, and –900 Series Airplanes, 8155–8159 Children and Families Administration BURKHART GROB LUFT – UND RAUMFAHRT GmbH & NOTICES CO KG G103 Series Gliders, 8148–8150 Agency Information Collection Activities; Proposals, General Electric Co. CF6–80C2 and CF6–80E1 Series Submissions, and Approvals, 8261–8262 Turbofan Engines, 8161–8166 Award Non-Competitive Successor Grant, 8262 Gippsland Aeronautics Pty. Ltd. Model GA8 Airplanes, 8159–8161 Commerce Department McDonnell Douglas Model DC–10–10, et al., 8152–8155 See Industry and Security Bureau McDonnell Douglas Model DC–9–14, DC–9–15, and DC See National Oceanic and Atmospheric Administration 9–15F Airplanes; and Model DC–9–20, DC–9–30, See National Telecommunications and Information DC–9–40, and DC–9–50 Series Airplanes, 8150–8151 Administration Class D and E Airspace; Revision: King Salmon, AK, 8172–8173 Commodity Futures Trading Commission Class E Airspace; Amendment: PROPOSED RULES Columbus, OH, 8166–8167 Commodity Pool Operator Periodic Account Statements and Medford, WI, 8167–8168 Annual Financial Reports, 8220–8228 Milwaukee, WI, 8169–8170

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Sioux City, IA, 8168–8169 Food and Drug Administration Class E Airspace; Establishment: RULES Tower, MN, 8170 Maximum Civil Money Penalty Amounts and Compliance, Umiat, AK, 8171 etc.: IFR Altitudes; Miscellaneous Amendments, 8173–8177 Confirmation of Effective Date, 8200 Standard Instrument Approach Procedures, Takeoff NOTICES Minimums and Obstacle Departure Procedures: Agency Information Collection Activities; Proposals, Miscellaneous Amendments, 8177–8182 Submissions, and Approvals, 8262–8265 PROPOSED RULES Meetings: Class E Airspace; Amendment: Arthritis Advisory Committee; Postponement, 8266 Fulton, MO, 8218–8219 Public Workshop: Class E Airspace; Amendment: Clinical Trial Design for Hospital–Acquired Pneumonia Coleman, TX, 8219–8220 and Ventilator-Associated Pneumonia, 8265–8266 NOTICES Exemption Petitions: Food Safety and Inspection Service Summary of Petitions Received, 8301–8302 NOTICES Meetings: Federal Communications Commission Codex Alimentarius Commission; Codex Committee on NOTICES Contaminants in Foods, 8229–8230 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 8256–8257 General Services Administration NOTICES Federal Energy Regulatory Commission Agency Information Collection Activities; Proposals, RULES Submissions, and Approvals, 8258–8259 Update of Federal Land Use Fees, 8184–8200 Federal Acquisition Regulation: NOTICES Agency Information Collection Activities; Proposals, Applications: Submissions, and Approvals, 8234 Ameren/UE, 8244–8246 Rockies Express Pipeline LLC, 8246–8247 Geological Survey Southern Natural Gas Co.; Amendment, 8243–8244 Upper Yampa Water Conservancy District, 8247–8248 NOTICES Dismissing Motion to Intervene: Agency Information Collection Activities; Proposals, Public Utility District No. 1 of Snohomish County, WA; Submissions, and Approvals, 8269 City of Everett, WA, 8248 FERC Staff Attendance: Health and Human Services Department California Independent System Operator Corp., 8248 See Agency for Healthcare Research and Quality Filings: See Aging Administration Empire Pipeline, Inc., 8248–8249 See Centers for Disease Control and Prevention Order on Intent to Revoke Market-Based Rate Authority: See Children and Families Administration Electric Quarterly Reports; Celeren Corp.; FC Energy See Food and Drug Administration Services Co., LLC, 8249–8250 See National Institutes of Health NOTICES Federal Motor Carrier Safety Administration Meetings: National Institute of General Medical Sciences, 8259 NOTICES Qualification of Drivers; Exemption Applications; Vision, National Institute of Mental Health Special Emphasis 8302–8303 Panel, 8259 President’s Council on Bioethics, 8259–8260 Federal Railroad Administration NOTICES Industry and Security Bureau Agency Information Collection Activities; Proposals, RULES Submissions, and Approvals, 8303–8304 Removal and Modification of Certain Entries from the Entity List: Federal Reserve System Person Removed Based on Removal Request and Clarification of Certain Entries, 8182–8184 NOTICES Change in Bank Control Notices; Acquisition of Shares of Bank or Bank Holding Companies, 8257–8258 Interior Department Formations of, Acquisitions by, and Mergers of Bank See Fish and Wildlife Service Holding Companies, 8258 See Geological Survey See Land Management Bureau Fish and Wildlife Service NOTICES Internal Revenue Service Applications: RULES Renewal of Incidental Take Permits for Residential Automatic Contribution Arrangements, 8200–8214 Construction in Charlotte and Sarasota County, FL, 8267–8268 Justice Department Denial of Permits for Marine Mammals, 8268 See Justice Programs Office Receipt of Applications for Permit, 8268–8269 See Victims of Crime Office

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Justice Programs Office Facility Operating Licenses, etc.: NOTICES Biweekly Notice, 8281–8294 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 8271 Postal Services NOTICES Land Management Bureau Change in Rates of General Applicability for Competitive NOTICES Products, 8434–8464 Alaska Native Claims Selection: Decision Approving Lands for Conveyance, 8270 Presidential Documents EXECUTIVE ORDERS National Aeronautics and Space Administration Amending Executive Order 13390 (EO 13504), 8429–8431 NOTICES Government Agencies and Employees: Federal Acquisition Regulation: White House Office of Urban Affairs; Establishment (EO Agency Information Collection Activities; Proposals, 13503), 8139–8140 Submissions, and Approvals, 8234 Securities and Exchange Commission National Foundation on the Arts and the Humanities NOTICES Application and Temporary Order: NOTICES Wachovia Securities, LLC, et al., 8294–8296 Agency Information Collection Activities; Proposals, Self–Regulatory Organizations; Proposed Rule Changes: Submissions, and Approvals, 8271–8272 Chicago Board Options Exchange, Inc., 8296–8298 Meetings: National Securities Clearing Corp., 8298–8299 Humanities Panel, 8272 Small Business Administration National Institutes of Health NOTICES NOTICES Disaster Declarations: Meetings: Missouri, 8299 Eunice Kennedy Shriver National Institute of Child Oklahoma, 8299–8300 Health and Human Development, 8266 Tennessee, 8300 National Institute of General Medical Sciences, 8267 Small Business Investment Company License Revocation: Statement of Delegation of Authority, 8267 Milepost Ventures, L.P., Delaware, 8300 Winfield Capital Corp., NY, 8300–8301 National Labor Relations Board RULES State Department Revisions of Regulations Concerning Procedures for NOTICES Electronic Filing; Correction, 8214–8215 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 8301 National Oceanic and Atmospheric Administration RULES Transportation Department Fisheries of the Exclusive Economic Zone Off Alaska: See Federal Aviation Administration Atka Mackerel in the Bering Sea and Aleutian Islands See Federal Motor Carrier Safety Administration Management Area, 8216–8217 See Federal Railroad Administration Pollock in Statistical Area 610, 8215–8216 NOTICES Treasury Department Applications: See Internal Revenue Service Endangered Species; File No. 14249, 8230–8231 NOTICES Environmental Assessment, etc.: Agency Information Collection Activities; Proposals, Thunder Bay National Marine Sanctuary, 8231–8232 Submissions, and Approvals, 8304–8305 Marine Mammals, 8232 Veterans Affairs Department Pacific Halibut Fishery; Guideline Harvest Levels for the NOTICES Charter Vessel Fishery for Halibut, 8232–8233 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 8305–8308 National Science Foundation NOTICES Victims of Crime Office Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 8272–8273 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 8271 National Telecommunications and Information Administration Separate Parts In This Issue NOTICES Meetings: Part II Broadband Grant Programs, 8233 Environmental Protection Agency, 8310–8428 Online Safety and Technology Working Group, 8233–8234 Part III Nuclear Regulatory Commission Presidential Documents, 8429–8431 NOTICES Facility Operating License, etc.: Part IV Duke Energy Carolinas, LLC, 8273–8281 Postal Service, 8434–8464

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To subscribe to the Federal Register Table of Contents Reader Aids LISTSERV electronic mailing list, go to http:// Consult the Reader Aids section at the end of this page for listserv.access.gpo.gov and select Online mailing list phone numbers, online resources, finding aids, reminders, archives, FEDREGTOC-L, Join or leave the list (or change and notice of recently enacted public laws. settings); then follow the instructions.

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CFR PARTS AFFECTED IN THIS ISSUE

A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.

3 CFR Executive Orders: 13390 (amended by 13504) ...... 8431 13503...... 8139 13504...... 8431 7 CFR 925...... 8141 930...... 8143 14 CFR 39 (6 documents) ...8148, 8150, 8152, 8155, 8159, 8161 71 (7 documents) ...8166, 8167, 8168, 8169, 8170, 8171, 8172 95...... 8173 97 (2 documents) ....8177, 8180 Proposed Rules: 71 (2 documents) ....8218, 8219 15 CFR 744...... 8182 17 CFR Proposed Rules: 4...... 8220 18 CFR 11...... 8184 21 CFR 17...... 8200 26 CFR 1...... 8200 54...... 8200 29 CFR 102...... 8214 32 CFR 633...... 8215 40 CFR 86...... 8310 89...... 8310 90...... 8310 1027...... 8310 1033...... 8310 1042...... 8310 1048...... 8310 1054...... 8310 1060...... 8310 1065...... 8310 1068...... 8310 50 CFR 679 (2 docuemnts) ...... 8215, 8216

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Federal Register Presidential Documents Vol. 74, No. 35

Tuesday, February 24, 2009

Title 3— Executive Order 13503 of February 19, 2009

The President Establishment of the White House Office of Urban Affairs

By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to take a coordinated and comprehensive approach to developing and implementing an effective strategy concerning urban America, it is hereby ordered as follows: Section 1. Policy. About 80 percent of Americans live in urban areas, and the economic health and social vitality of our urban communities are criti- cally important to the prosperity and quality of life for Americans. Vibrant cities spawn innovation, economic growth, and cultural enrichment through the businesses, universities, and civic, cultural, religious, and nonprofit insti- tutions they attract. Forward-looking policies that encourage wise investment and development in our urban areas will create employment and housing opportunities and make our country more competitive, prosperous, and strong. In the past, insufficient attention has been paid to the problems faced by urban areas and to coordinating the many Federal programs that affect our cities. A more comprehensive approach is needed, both to develop an effective strategy for urban America and to coordinate the actions of the many executive departments and agencies whose actions impact urban life. Sec. 2. Establishment. There is established within the Executive Office of the President the White House Office of Urban Affairs (the ‘‘Office’’). Sec. 3. Functions. The principal functions of the Office are, to the extent permitted by law: (a) to provide leadership for and coordinate the development of the policy agenda for urban America across executive departments and agencies; (b) to coordinate all aspects of urban policy; (c) to work with executive departments and agencies to ensure that appro- priate consideration is given by such departments and agencies to the poten- tial impact of their actions on urban areas; (d) to work with executive departments and agencies, including the Office of Management and Budget, to ensure that Federal Government dollars tar- geted to urban areas are effectively spent on the highest-impact programs; and (e) to engage in outreach and work closely with State and local officials, with nonprofit organizations, and with the private sector, both in seeking input regarding the development of a comprehensive urban policy and in ensuring that the implementation of Federal programs advances the objectives of that policy. Sec. 4. Coordination. In performing its functions, the Office shall work closely with all relevant executive departments and agencies, and offices and councils within the Executive Office of the President, including but not limited to: (a) the Department of the Treasury; (b) the Department of Justice; (c) the Department of Commerce; (d) the Department of Labor; (e) the Department of Health and Human Services;

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(f) the Department of Housing and Urban Development; (g) the Department of Transportation; (h) the Department of Energy; (i) the Department of Education; and (j) the Environmental Protection Agency. Sec. 5. Administration. (a) The Office may work with established or ad hoc committees, task forces, and interagency groups. (b) The Office shall have a staff headed by the Deputy Assistant to the President and Director of Urban Affairs (Director). The Director shall report jointly to the Assistant to the President for Intergovernmental Affairs and Public Liaison and to the Assistant to the President for Domestic Policy. The Office shall have such staff and other assistance as may be necessary to carry out the provisions of this order. (c) All executive departments and agencies shall cooperate with the Office and provide such information, support, and assistance to the Office as the Director may request, to the extent permitted by law. Sec. 6. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) authority granted by law to a department, agency, or the head thereof; or (ii) functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

THE WHITE HOUSE, February 19, 2009.

[FR Doc. E9–4068 Filed 2–23–09; 8:45 am] Billing code 3195–W9–P

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Rules and Regulations Federal Register Vol. 74, No. 35

Tuesday, February 24, 2009

This section of the FEDERAL REGISTER the Federal Register and will be The Act provides that administrative contains regulatory documents having general available for public inspection in the proceedings must be exhausted before applicability and legal effect, most of which Office of the Docket Clerk during regular parties may file suit in court. Under are keyed to and codified in the Code of business hours, or can be viewed at: section 608c(15)(A) of the Act, any Federal Regulations, which is published under http://www.regulations.gov. All handler subject to an order may file 50 titles pursuant to 44 U.S.C. 1510. comments submitted in response to this with USDA a petition stating that the The Code of Federal Regulations is sold by rule will be included in the record and order, any provision of the order, or any the Superintendent of Documents. Prices of will be made available to the public. obligation imposed in connection with new books are listed in the first FEDERAL Please be advised that the identity of the the order is not in accordance with law REGISTER issue of each week. individuals or entities submitting the and request a modification of the order comments will be made public on the or to be exempted therefrom. Such Internet at the address provided above. handler is afforded the opportunity for DEPARTMENT OF AGRICULTURE FOR FURTHER INFORMATION CONTACT: a hearing on the petition. After the hearing, USDA would rule on the Agricultural Marketing Service Jennifer Garcia, Marketing Specialist, or Kurt J. Kimmel, Regional Manager, petition. The Act provides that the district court of the United States in any 7 CFR Part 925 California Marketing Field Office, Marketing Order Administration district in which the handler is an [Doc. No. AMS–FV–08–0107; FV09–925–2 Branch, Fruit and Vegetable Programs, inhabitant, or has his or her principal IFR] AMS, USDA; Telephone: (559) 487– place of business, has jurisdiction to review USDA’s ruling on the petition, Grapes Grown in a Designated Area of 5901, Fax: (559) 487–5906, or E-mail: [email protected] or provided an action is filed not later than Southeastern California; Decreased 20 days after the date of the entry of the Assessment Rate [email protected]. Small businesses may request ruling. AGENCY: Agricultural Marketing Service, information on complying with this This rule decreases the assessment USDA. regulation by contacting Jay Guerber, rate established for the Committee for ACTION: Interim final rule with request Marketing Order Administration the 2009 and subsequent fiscal periods for comments. Branch, Fruit and Vegetable Programs, from $0.02 to $0.01 per 18-pound lug of AMS, USDA, 1400 Independence grapes. SUMMARY: This rule decreases the Avenue, SW., STOP 0237, Washington, The grape marketing order provides assessment rate established for the DC 20250–0237; Telephone: (202) 720– authority for the Committee, with the California Desert Grape Administrative 2491, Fax: (202) 720–8938, or E-mail: approval of USDA, to formulate an Committee (Committee) for the 2009 [email protected]. annual budget of expenses and collect and subsequent fiscal periods from assessments from handlers to administer $0.02 to $0.01 per 18-pound lug of SUPPLEMENTARY INFORMATION: This rule the program. The members of the grapes handled. The Committee locally is issued under Marketing Order No. Committee are producers and handlers administers the marketing order which 925, as amended (7 CFR part 925), of California grapes. They are familiar regulates the handling of grapes grown regulating the handling of grapes grown with the Committee’s needs and with in a designated area of southeastern in a designated area of southeastern the costs for goods and services in their California. Assessments upon desert California, hereinafter referred to as the local area, and are thus in a position to grape handlers are used by the ‘‘order.’’ The order is effective under the formulate an appropriate budget and Committee to fund reasonable and Agricultural Marketing Agreement Act assessment rate. The assessment rate is necessary expenses of the program. The of 1937, as amended (7 U.S.C. 601–674), formulated and discussed in a public fiscal period begins January 1 and ends hereinafter referred to as the ‘‘Act.’’ meeting. Thus, all directly affected December 31. The assessment rate will The Department of Agriculture persons have an opportunity to remain in effect indefinitely unless (USDA) is issuing this rule in participate and provide input. modified, suspended, or terminated. conformance with Executive Order For the 2007 and subsequent fiscal DATES: Effective February 25, 2009. 12866. periods, the Committee recommended, Comments received by April 27, 2009, This rule has been reviewed under and USDA approved, an assessment rate will be considered prior to issuance of Executive Order 12988, Civil Justice that would continue in effect from crop a final rule. Reform. Under the marketing order now year to crop year unless modified, ADDRESSES: Interested persons are in effect, California grape handlers are suspended, or terminated by USDA invited to submit written comments subject to assessments. Funds to upon recommendation and information concerning this rule. Comments must be administer the order are derived from submitted by the Committee or other sent to the Docket Clerk, Marketing such assessments. It is intended that the information available to USDA. Order Administration Branch, Fruit and assessment rate as issued herein will be The Committee met on November 14, Vegetable Programs, AMS, USDA, 1400 applicable to all assessable grapes 2008, and unanimously recommended Independence Avenue, SW., STOP beginning on January 1, 2009, and 2009 expenditures of $77,692 and an 0237, Washington, DC 20250–0237; Fax: continue until amended, suspended, or assessment rate of $0.01 per 18-pound (202) 720–8938; or Internet: http:// terminated. This rule will not preempt lug of grapes. In comparison, last year’s www.regulations.gov. Comments should any State or local laws, regulations, or budgeted expenditures were $133,254. reference the docket number and the policies, unless they present an The assessment rate of $0.01 is one-half date and page number of this issue of irreconcilable conflict with this rule. of the rate currently in effect. The

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Committee recommended a lower Initial Regulatory Flexibility Analysis compliance activities, $53,000 for assessment rate due to a significant Pursuant to requirements set forth in salaries and payroll expenses, and decrease in management and the Regulatory Flexibility Act (RFA) (5 $14,192 for other administrative administrative expenses for 2009. U.S.C. 601–612), the Agricultural expenses. In comparison, budgeted The major expenditures Marketing Service (AMS) has expenses for these items in 2008 were recommended by the Committee for the considered the economic impact of this $5,000 for compliance activities, 2009 fiscal period include $10,500 for rule on small entities. Accordingly, $61,000 for salaries, $18,000 for compliance activities, $53,000 for AMS has prepared this initial regulatory research, and $49,254 for other salaries and payroll expenses, and flexibility analysis. administrative expenses. $14,192 for other administrative Decreases in management and The purpose of the RFA is to fit expenses. In comparison, budgeted administrative expenses are the result of regulatory actions to the scale of expenses for these items in 2008 were management services, office rental fees business subject to such actions in order $5,000 for compliance activities, and utilities being shared by the that small businesses will not be unduly $61,000 for salaries, $18,000 for Committee and the California Date or disproportionately burdened. research, and $49,254 for other Administrative Committee (CDAC). In Marketing orders issued pursuant to the administrative expenses. The 2008, the Committee and the CDAC Act, and the rules issued thereunder, are assessment rate recommended by the agreed to share management and Committee was derived by the following unique in that they are brought about administrative costs in order to formula: Anticipated 2009 expenses through group action of essentially streamline expenses for both programs. ($77,692) plus the desired 2009 ending small entities acting on their own Additionally, the Committee reserve ($88,534), minus the 2009 behalf. recommended not renewing its budget beginning reserve ($100,226) plus There are approximately 14 handlers for research in 2009 given that there anticipated interest income ($1,000), of southeastern California grapes who were no pending research proposals at divided by the estimated 2009 are subject to regulation under the order the time the budget was reviewed. shipments (6.5 million 18-pound lugs). and about 50 grape producers in the Prior to arriving at this budget, the Income generated through the $.01 production area. Small agricultural Committee considered alternative assessment rate ($65,000) plus interest service firms are defined by the Small expenditure and assessment rate levels, income ($1,000) and reserve funds Business Administration (13 CFR but ultimately decided that the ($11,692) should be sufficient to meet 121.201) as those having annual receipts recommended levels were reasonable to anticipated expenses of ($77,692). of less than $7,000,000, and small properly administer the order. Reserve funds by the end of 2009 are agricultural producers are defined as The assessment rate recommended by projected at $88,534 or about $10,800 those whose annual receipts are less the Committee was derived by the over the Committee’s 2009 expenses. than $750,000. Nine of the 14 handlers following formula: anticipated 2009 Section 925.41 of the order permits the subject to regulation have annual grape expenses ($77,692) plus the desired Committee to maintain approximately sales of less than $7 million. Based on 2009 ending reserve ($88,534), minus one fiscal period’s expenses in reserve. data from the National Agricultural the 2009 beginning reserve ($100,226) The Committee plans to continue using Statistics Service (NASS) and the plus anticipated interest income reserve funds to help meet its expenses Committee, the average crop value for ($1,000), divided by the estimated 2009 and bring the reserve to a level lower 2008 is about $53,040,000. Dividing this shipments (6.5 million 18-pound lugs). than its expenses. figure by the number of producers (50) This rate should provide sufficient The assessment rate established in yields an average annual producer funds in combination with interest and this rule will continue in effect revenue estimate of about $1,060,800, reserve funds to meet the anticipated indefinitely unless modified, which is above the SBA threshold of expenses of $77,692 and result in a suspended, or terminated by USDA $750,000. Based on the foregoing, it may December 2009 ending reserve of upon recommendation and information be concluded that a majority of grape $88,534. This figure is about $10,800 submitted by the Committee or other handlers and none of the producers may over the Committee’s 2009 expenses. available information. be classified as small entities. Section 925.41 of the order permits the Although this assessment rate is This rule decreases the assessment Committee to maintain approximately effective for an indefinite period, the rate established for the Committee and one fiscal period’s expenses in reserve. Committee will continue to meet prior collected from handlers for the 2009 and The Committee plans to continue using to or during each fiscal period to subsequent fiscal periods from $0.02 to reserve funds to help meet its expenses recommend a budget of expenses and $0.01 per 18-pound lug of grapes. The and bring the reserve to a level lower consider recommendations for Committee unanimously recommended than its expenses. modification of the assessment rate. The expenditures of $77,692 and an To calculate the percentage of grower dates and times of Committee meetings assessment rate of $0.01 per 18-pound revenue represented by the assessment are available from the Committee or lug of grapes for the 2009 fiscal period. rate for 2008, the assessment rate of USDA. Committee meetings are open to The assessment rate of $0.01 is one-half $0.02 per 18-pound lug is divided by the public and interested persons may of the rate currently in effect. The the estimated average grower price express their views at these meetings. number of assessable grapes is estimated (according to the NASS). This results in USDA will evaluate Committee at 6.5 million 18-pound lug of grapes. estimated assessment revenue for the recommendations and other available Thus, the $0.01 rate should provide 2008 season as a percentage of grower information to determine whether $65,000 in assessment income. Income revenue of .245 percent ($0.02 divided modification of the assessment rate is derived from handler assessments, along by $8.16 per 18-pound lug). NASS data needed. Further rulemaking will be with interest income and funds from the for 2009 is not yet available. However, undertaken as necessary. The Committee’s authorized reserve will be applying the same calculations above Committee’s 2009 budget and those for adequate to cover budgeted expenses. using the average grower price for 2006– subsequent fiscal periods will be The major expenditures 08 would result in estimated assessment reviewed and, as appropriate, approved recommended by the Committee for the revenue as a percentage of total grower by USDA. 2009 fiscal period include $10,500 for revenue of .13 percent for the 2009

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season ($0.01 divided by $7.77 per 18- that it is impracticable, unnecessary, DEPARTMENT OF AGRICULTURE pound lug). Thus, the assessment and contrary to the public interest to revenue should be well below 1 percent give preliminary notice prior to putting Agricultural Marketing Service of estimated grower revenue in 2009. this rule into effect, and that good cause This action decreases the assessment exists for not postponing the effective 7 CFR Part 930 obligation imposed on handlers. date of this rule until 30 days after [Doc. No. AMS–FV–08–0089; FV09–930–1 Assessments are applied uniformly on publication in the Federal Register FR] all handlers, and some of the costs may because: (1) The 2009 fiscal period be passed on to producers. However, began on January 1, 2009, and the Tart Cherries Grown in the States of decreasing the assessment rate reduces marketing order requires that the rate of Michigan, et al.; Final Free and the burden on handlers, and may reduce assessment for each fiscal period apply Restricted Percentages for the 2008– the burden on producers. In addition, 2009 Crop Year for Tart Cherries the Committee’s meeting was widely to all assessable grapes handled during publicized throughout the grape such period; (2) the action decreases the AGENCY: Agricultural Marketing Service, production area and all interested assessment rate for assessable grapes USDA. persons were invited to attend the beginning with the 2009 fiscal period; ACTION: Final rule. meeting and participate in Committee (3) handlers are aware of this action deliberations on all issues. Like all which was unanimously recommended SUMMARY: This rule establishes final free Committee meetings, the November 14, by the Committee at a public meeting and restricted percentages for the 2008– 2008, meeting was a public meeting and and is similar to other assessment rate 2009 crop year tart cherries covered all entities, both large and small, were actions issued in past years; and (4) this under the Federal marketing order able to express views on this issue. interim final rule provides a 60-day regulating tart cherries grown in seven Finally, interested persons are invited to comment period, and all comments States (order). The percentages are 73 percent free and 27 percent restricted submit comments on this interim final timely received will be considered prior and will establish the proportion of rule, including the regulatory and to finalization of this rule. informational impacts of this action on cherries from the 2008 crop which may small businesses. List of Subjects in 7 CFR Part 925 be handled in commercial outlets. The This action imposes no additional percentages are intended to stabilize reporting or recordkeeping requirements Grapes, Marketing agreements, supplies and prices, and strengthen on either small or large California grape Reporting and recordkeeping market conditions. The percentages handlers. As with all Federal marketing requirements. were recommended by the Cherry order programs, reports and forms are Industry Administrative Board (Board), ■ periodically reviewed to reduce For the reasons set forth in the the body that locally administers the information requirements and preamble, 7 CFR part 925 is amended as marketing order. The order regulates the duplication by industry and public follows: handling of tart cherries grown in the sector agencies. States of Michigan, New York, AMS is committed to complying with PART 925—GRAPES GROWN IN A Pennsylvania, Oregon, Utah, the E-Government Act, to promote the DESIGNATED AREA OF Washington, and Wisconsin. use of the Internet and other SOUTHEASTERN CALIFORNIA DATES: Effective Date: February 25, information technologies to provide 2009. ■ increased opportunities for citizen 1. The authority citation for 7 CFR part 925 continues to read as follows: FOR FURTHER INFORMATION CONTACT: access to Government information and Patricia A. Petrella or Kenneth G. services, and for other purposes. Authority: 7 U.S.C. 601–674. Johnson, Marketing Order USDA has not identified any relevant Administration Branch, Fruit and Federal rules that duplicate, overlap, or ■ 2. Section 925.215 is revised to read Vegetable Programs, AMS, USDA, Suite conflict with this rule. as follows: 2A04, Unit 155, 4700 River Road, A small business guide on complying Riverdale, MD 20737; telephone: (301) with fruit, vegetable, and specialty crop § 925.215 Assessment rate. 734–5243, Fax: (301) 734–5275; E-mail marketing agreements and orders may On and after January 1, 2009, an [email protected] or be viewed at: http://www.ams.usda.gov/ assessment rate of $0.01 per 18-pound [email protected]. AMSv1.0/ams.fetchTemplateData lug is established for grapes grown in a Small businesses may request .do?template= designated area of southeastern information on complying with this TemplateN&page=Marketing regulation by contacting Jay Guerber, OrdersSmallBusinessGuide. Any California. Marketing Order Administration questions about the compliance guide Dated: February 18, 2009. Branch, Fruit and Vegetable Programs, should be sent to Jay Guerber at the Robert C. Keeney, AMS, USDA, 1400 Independence previously mentioned address in the Acting Associate Administrator. Avenue, SW., STOP 0237, Washington, FOR FURTHER INFORMATION CONTACT [FR Doc. E9–3850 Filed 2–23–09; 8:45 am] DC 20250–0237; telephone: (202) 720– section. After consideration of all relevant BILLING CODE 3410–02–P 2491, Fax: (202) 720–8938, or E-mail: material presented, including the [email protected]. information and recommendation SUPPLEMENTARY INFORMATION: This final submitted by the Committee and other rule is issued under Marketing available information, it is hereby found Agreement and Order No. 930 (7 CFR that this rule, as hereinafter set forth, part 930), regulating the handling of tart will tend to effectuate the declared cherries produced in the States of policy of the Act. Michigan, New York, Pennsylvania, Pursuant to 5 U.S.C. 553, it is also Oregon, Utah, Washington, and found and determined upon good cause Wisconsin, hereinafter referred to as the

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‘‘order.’’ The order is effective under the eight-Washington. Districts five, six and positive, this represents the estimated Agricultural Marketing Agreement Act nine (Oregon, Pennsylvania, and over-production, which would be the of 1937, as amended (7 U.S.C. 601–674), Wisconsin, respectively) will not be restricted tonnage. The restricted hereinafter referred to as the ‘‘Act.’’ regulated for the 2008–2009 season. tonnage is then divided by the sum of The Department of Agriculture The order prescribes under § 930.52 the USDA crop forecast(s) for the (Department) is issuing this rule in that those districts to be regulated shall regulated districts to obtain percentages conformance with Executive Order be those districts in which the average for the regulated districts. The Board is 12866. annual production of cherries over the required to establish a preliminary This final rule has been reviewed prior three years has exceeded six restricted percentage equal to the under Executive Order 12988, Civil million pounds. A district not meeting quotient, rounded to the nearest whole Justice Reform. Under the marketing the six million-pound requirement shall number, with the complement being the order provisions now in effect, final free not be regulated in such crop year. preliminary free tonnage percentage. If and restricted percentages may be Because this requirement was not met in the tonnage requirements for the year established for tart cherries handled by the Districts of Oregon, Pennsylvania, are more than the USDA crop forecast, handlers during the crop year. This rule and Wisconsin handlers in those the Board is required to establish a establishes final free and restricted districts would not be subject to volume preliminary free tonnage percentage of percentages for tart cherries for the regulation during the 2008–2009 crop 100 percent and a preliminary restricted 2008–2009 crop year, beginning July 1, year. percentage of zero. The Board is 2008, through June 30, 2009. This rule Demand for tart cherries at the farm required to announce the preliminary will not preempt any State or local laws, level is derived from the demand for tart percentages in accordance with regulations, or policies, unless they cherry products at retail. Demand for paragraph (h) of § 930.50. present an irreconcilable conflict with tart cherries and tart cherry products The Board met on June 19, 2008, and this rule. tend to be relatively stable from year to computed, for the 2008–2009 crop year, The Act provides that administrative year. The supply of tart cherries, by an optimum supply of 183 million proceedings must be exhausted before contrast, varies greatly from crop year to pounds. The Board recommended that parties may file suit in court. Under crop year. The magnitude of annual the desirable carryout figure be zero section 608c(15)(A) of the Act, any fluctuations in tart cherry supplies is pounds. Desirable carryout is the handler subject to an order may file one of the most pronounced for any amount of fruit required to be carried with the Secretary a petition stating that agricultural commodity in the United into the succeeding crop year and is set the order, any provision of the order, or States. In addition, since tart cherries by the Board after considering market any obligation imposed in connection are processed either into cans or frozen, circumstances and needs. This figure with the order is not in accordance with they can be stored and carried over from can range from zero to a maximum of 20 law and request a modification of the crop year to crop year. This creates million pounds. order or to be exempt therefrom. Such substantial coordination and marketing handler is afforded the opportunity for problems. The supply and demand for The Board calculated preliminary free a hearing on the petition. After the tart cherries is rarely balanced. The and restricted percentages as follows: hearing, the Secretary would rule on the primary purpose of setting free and The USDA estimate of the crop for the petition. The Act provides that the restricted percentages is to balance entire production area was 177 million district court of the United States in any supply with demand and reduce large pounds; a 31 million pound carryin district in which the handler is an surpluses that may occur. (based on Board estimates) was inhabitant, or has his or her principal Section 930.50(a) of the order subtracted from the optimum supply of place of business, has jurisdiction in prescribes procedures for computing an 183 million pounds which resulted in equity to review the Secretary’s ruling optimum supply for each crop year. The the 2008–2009 poundage requirements on the petition, provided an action is Board must meet on or about July 1 of (adjusted optimum supply) of 152 filed not later than 20 days after the date each crop year, to review sales data, million pounds. The carryin figure of the entry of the ruling. inventory data, current crop forecasts reflects the amount of cherries that The order prescribes procedures for and market conditions. The optimum handlers actually have in inventory at computing an optimum supply and supply volume shall be calculated as the beginning of the 2007–2008 crop preliminary and final percentages that 100 percent of the average sales of the year. Subtracting the adjusted optimum establish the amount of tart cherries that prior three years to which is added a supply of 152 million pounds from the can be marketed throughout the season. desirable carryout inventory not to USDA crop estimate (177 million The regulations apply to all handlers of exceed 20 million pounds or such other pounds) and subtracting 8 million tart cherries that are in the regulated amount as may be established with the pounds for USDA committed sales districts. Tart cherries in the free approval of the Secretary. The optimum results in a surplus of 17 million percentage category may be shipped supply represents the desirable volume pounds of tart cherries. The surplus was immediately to any market, while of tart cherries that should be available divided by the production in the restricted percentage tart cherries must for sale in the coming crop year. regulated districts (161 million pounds) be held by handlers in a primary or The order also provides that on or and resulted in a restricted percentage secondary reserve, or be diverted in about July 1 of each crop year, the Board of 10 percent for the 2008–2009 crop accordance with § 930.59 of the order is required to establish preliminary free year. The free percentage was 90 percent and § 930.159 of the regulations, or used and restricted percentages. These (100 percent minus 10 percent). The for exempt purposes (to obtain diversion percentages are computed by deducting Board established these percentages and credit) under § 930.62 of the order and the actual carryin inventory from the announced them to the industry as § 930.162 of the regulations. The optimum supply figure (adjusted to raw required by the order. regulated Districts for this season are: product equivalent—the actual weight The preliminary percentages were District one-Northern Michigan; District of cherries handled to process into based on the USDA production estimate two-Central Michigan; District three- cherry products) and subtracting that and the following supply and demand Southern Michigan; District four-New figure from the current year’s USDA information available at the June York; District seven-Utah; and District crop forecast. If the resulting number is meeting for the 2008–2009 year:

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Millions of pounds

Optimum Supply Formula: (1) Average sales of the prior three years ...... 183 (2) Plus desirable carryout ...... 0 (3) Optimum supply calculated by the Board at the June meeting ...... 183 Preliminary Percentages: (4) USDA crop estimate ...... 177 (5) Carryin held by handlers as of July 1, 2008 ...... 31 (6) Subtract pounds designated for USDA ...... 8 (7) Adjusted optimum supply for current crop year ...... 152 (8) Surplus ...... 17 (9) USDA crop estimate for regulated districts ...... 161 Percentages Free Restricted

(10) Preliminary percentages (item 8 divided by item 9 × 100 equals restricted percentage; 100 minus re- stricted percentage equals free percentage) ...... 90 10

Between July 1 and September 15 of restricted percentage. The Board met on pounds from the USDA crop estimate each crop year, the Board may modify September 12, 2008, to recommend final (210 million pounds) and subtracting 8 the preliminary free and restricted free and restricted percentages. million pounds for USDA committed percentages by announcing interim free The actual production reported by the sales results in a surplus of 54 million and restricted percentages to adjust to Board was 210 million pounds, which is pounds of tart cherries. The surplus was the actual pack occurring in the a 33 million pound increase from the divided by the production in the industry. USDA crop estimate of 177 million regulated districts (203 million pounds) The Secretary establishes final free pounds. and resulted in a restricted percentage and restricted percentages through the A 35 million pound carryin (based on of 27 percent for the 2008–2009 crop informal rulemaking process. These handler reports estimates) was year. The free percentage was 73 percent percentages would make available the subtracted from the optimum supply of (100 percent minus 27 percent). tart cherries necessary to achieve the 183 million pounds which resulted in The final percentages are based on the optimum supply figure calculated by the 2008–2009 poundage requirements Board’s reported production figures and the Board. The difference between any (adjusted optimum supply) of 148 the following supply and demand final free percentage designated by the million pounds. Subtracting the information available in September for Secretary and 100 percent is the final adjusted optimum supply of 148 million the 2008–2009 crop year:

Millions of pounds

Optimum Supply Formula: (1) Average sales of the prior three years ...... 183 (2) Plus desirable carryout ...... 0 (3) Optimum supply calculated by the Board ...... 183 Final Percentages: (4) Board reported production ...... 210 (5) Plus carryin held by handlers as of July 1, 2008 ...... 35 (6) Subtract USDA committed sales ...... 8 (7) Tonnage available for current crop year ...... 237 (8) Surplus (item 7 minus item 3) ...... 54 (9) Production in regulated districts ...... 203 Percentages Free Restricted

(10) Final Percentages (item 8 divided by item 9 × 100 equals restricted percentage; 100 minus restricted percentage equals free percentage) ...... 73 27

The USDA’s ‘‘Guidelines for Fruit, percentage which releases 100 percent to handlers the first week of December Vegetable, and Specialty Crop of the optimum supply and the and the first week of May. Handlers can Marketing Orders’’ (Guidelines) specify additional release of tart cherries decide how much of the 10 percent that 110 percent of recent years’ sales provided under § 930.50(g). This release release they would like to receive on the should be made available to primary of tonnage, equal to 10 percent of the December and May release dates. Once markets each season before average sales of the prior three years’ released, such cherries are released for recommendations for volume regulation sales, is made available to handlers each free use by such handler. are approved. This goal would be met season. The Board recommended that Approximately 18 million pounds by the establishment of a preliminary such release should be made available would be made available to handlers

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this season in accordance with the The 2008/09 crop is moderate in size consumers. These costs comprise what Guidelines. This release would be made at 210 million pounds. The largest crop is known as the ‘‘marketing margin.’’ available to every handler and released occurred in 1995 with production in the The supply of tart cherries, by to such handler in proportion to the regulated districts reaching a record contrast, varies greatly. The magnitude handler’s percentage of the total 395.6 million pounds. The price per of annual fluctuations in tart cherry regulated crop handled. If a handler pound received by tart cherry growers supplies is one of the most pronounced does not take his/her proportionate ranged from a low of 7.3 cents in 1987 for any agricultural commodity in the amount, such amount remains in the to a high of 46.4 cents in 1991. These United States. In addition, since tart inventory reserve. problems of wide supply and price cherries are processed either into cans fluctuations in the tart cherry industry Final Regulatory Flexibility Analysis or frozen, they can be stored and carried are national in scope and impact. over from year-to-year. This creates Pursuant to requirements set forth in Growers testified during the order substantial coordination and marketing the Regulatory Flexibility Act (RFA), the promulgation process that the prices problems. The supply and demand for Agricultural Marketing Service (AMS) they received often did not come close tart cherries is rarely in equilibrium. As has considered the economic impact of to covering the costs of production. a result, grower prices fluctuate widely, this action on small entities. The industry demonstrated a need for reflecting the large swings in annual Accordingly, AMS has prepared this an order during the promulgation supplies. final regulatory flexibility analysis. process of the marketing order because In an effort to stabilize prices, the tart The purpose of the RFA is to fit large variations in annual tart cherry cherry industry uses the volume control regulatory actions to the scale of supplies tend to lead to fluctuations in mechanisms under the authority of the business subject to such actions in order prices and disorderly marketing. As a Federal marketing order. This authority that small businesses will not be unduly result of these fluctuations in supply allows the industry to set free and or disproportionately burdened. and price, growers realize less income. restricted percentages. These restricted Marketing orders issued pursuant to the The industry chose a volume control percentages are only applied to states or Act, and rules issued thereunder, are marketing order to even out these wide unique in that they are brought about districts with a 3-year average of variations in supply and improve production greater than six million through group action of essentially returns to growers. During the small entities acting on their own pounds, and to states or districts in promulgation process, proponents which the production is 50 percent or behalf. testified that small growers and There are approximately 40 handlers more of the previous 5-year processed processors would have the most to gain production average. of tart cherries who are subject to from implementation of a marketing The primary purpose of setting regulation under the tart cherry order because many such growers and restricted percentages is an attempt to marketing order and approximately 900 handlers had been going out of business bring supply and demand into balance. producers of tart cherries in the due to low tart cherry prices. They also If the primary market is over-supplied regulated area. Small agricultural testified that, since an order would help with cherries, grower prices decline service firms, which includes handlers, increase grower returns, this should substantially. have been defined by the Small increase the buffer between business Business Administration (13 CFR success and failure because small The tart cherry sector uses an 121.201) as those having annual receipts growers and handlers tend to be less industry-wide storage program as a of less than $7,000,000, and small capitalized than larger growers and supplemental coordinating mechanism agricultural producers are defined as handlers. under the Federal marketing order. The those having annual receipts of less than Aggregate demand for tart cherries primary purpose of the storage program $750,000. A majority of the producers and tart cherry products tends to be is to warehouse supplies in large crop and handlers are considered small relatively stable from year-to-year. years in order to supplement supplies in entities under SBA’s standards. Similarly, prices at the retail level show short crop years. The storage approach The principal demand for tart cherries minimal variation. Consumer prices in is feasible because the increase in is in the form of processed products. grocery stores, and particularly in food price—when moving from a large crop Tart cherries are dried, frozen, canned, service markets, largely do not reflect to a short crop year—more than offsets juiced, and pureed. During the period fluctuations in cherry supplies. Retail the costs for storage, interest, and 1997/98 through 2007/08, demand is assumed to be highly handling of the stored cherries. approximately 96 percent of the U.S. inelastic which indicates that price The price that growers’ receive for tart cherry crop, or 247.3 million reductions do not result in large their crop is largely determined by the pounds, was processed annually. Of the increases in the quantity demanded. total production volume and carryin 247.3 million pounds of tart cherries Most tart cherries are sold to food inventories. The Federal marketing processed, 61 percent was frozen, 27 service outlets and to consumers as pie order permits the industry to exercise percent was canned, and 12 percent was filling; frozen cherries are sold as an supply control provisions, which allow utilized for juice and other products. ingredient to manufacturers of pies and for the establishment of free and Based on National Agricultural cherry desserts. Juice and dried cherries restricted percentages for the primary Statistics Service data, acreage in the are expanding market outlets for tart market, and a storage program. The United States devoted to tart cherry cherries. establishment of restricted percentages production has been trending Demand for tart cherries at the farm impacts the production to be marketed downward. Bearing acreage has level is derived from the demand for tart in the primary market, while the storage declined from a high of 50,050 acres in cherry products at retail. In general, the program has an impact on the volume 1987/88 to 34,700 acres in 2007/08. This farm-level demand for a commodity of unsold inventories. represents a 31 percent decrease in total consists of the demand at retail or food The volume control mechanism used bearing acres. Michigan leads the nation service outlets minus per-unit by the cherry industry results in in tart cherry acreage with 70 percent of processing and distribution costs decreased shipments to primary the total and produces about 75 percent incurred in transforming the raw farm markets. Without volume control the of the U.S. tart cherry crop each year. commodity into a product available to primary markets (domestic) would

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likely be over-supplied, resulting in to build large amounts of unwanted The free and restricted percentages lower grower prices. inventories. These inventories have a established by this rule release the To assess the impact that volume depressing effect on grower prices. The optimum supply and apply uniformly to control has on the prices growers econometric model shows for every 1 all regulated handlers in the industry, receive for their product, an million-pound increase in carrying regardless of size. There are no known econometric model has been developed. inventories, a decrease in grower prices additional costs incurred by small The econometric model provides a way of $0.0036 per pound occurs. The use of handlers that are not incurred by large to see what impacts volume control may volume controls allows the industry to handlers. The stabilizing effects of the have on grower prices. The three supply the primary markets while percentages impact all handlers districts in Michigan, along with the avoiding the disastrous results of over- positively by helping them maintain districts in Utah, New York, and supplying these markets. In addition, and expand markets, despite seasonal Washington are the restricted areas for through volume control, the industry supply fluctuations. Likewise, price this crop year and their combined total has an additional supply of cherries that stability positively impacts all production is 203 million pounds. A 27 can be used to develop secondary producers by allowing them to better percent restriction means 148 million markets such as exports and the anticipate the revenues their tart pounds is available to be shipped to development of new products. The use cherries will generate. primary markets from these four states. of reserve cherries in the production While the benefits resulting from this Production levels of 0.6 million pounds shortened 2002/03 crop year proved to rulemaking are difficult to quantify, the for Wisconsin, 2.8 million pounds for be very useful and beneficial to growers stabilizing effects of the volume Oregon and 3.7 million pounds for and packers. regulations impact both small and large Pennsylvania (the unregulated areas in In discussing the possibility of handlers positively by helping them 2008–2009), result in an additional 7.1 marketing percentages for the 2008– maintain markets even though tart million pounds available for primary 2009 crop year, the Board considered cherry supplies fluctuate widely from market shipments. the following factors contained in the season to season. In addition, USDA requires a 10 marketing policy: (1) The estimated total USDA has not identified any relevant percent release from reserves as a production of tart cherries; (2) the Federal rules that duplicate, overlap, or conflict with this regulation. market growth factor. This results in an estimated size of the crop to be handled; In addition, the Board’s meeting was additional 18 million pounds being (3) the expected general quality of such widely publicized throughout the tart available for the primary market. The cherry production; (4) the expected 148 million pounds from Michigan, cherry industry and all interested carryover as of July 1 of canned and persons were invited to attend the Utah, Washington, and New York, the frozen cherries and other cherry 7.1 million pounds from the other meeting and participate in Board products; (5) the expected demand deliberations on all issues. Like all producing states, the 18 million pound conditions for cherries in different release, and the 35 million pound Board meetings, the September 12, market segments; (6) supplies of 2008, meeting was a public meeting and carryin inventory gives a total of 208 competing commodities; (7) an analysis million pounds being available for the all entities, both large and small, were of economic factors having a bearing on able to express views on this issue. primary markets. the marketing of cherries; (8) the The econometric model is used to Finally interested persons interested estimated tonnage held by handlers in estimate the impact of establishing a persons were invited to submit primary or secondary inventory reserve pool for this year’s crop. With information on the regulatory and reserves; and (9) any estimated release the volume controls, grower prices are informational impacts of this action on of primary or secondary inventory estimated to be approximately $0.11 per small businesses. reserve cherries during the crop year. pound higher than without volume A proposed rule concerning this controls. The Board’s review of the factors action was published in the Federal The use of volume controls is resulted in the computation and Register on December 5, 2008 (73 FR estimated to have a positive impact on announcement in September 2008 of the 74073). Copies of the rule were mailed growers’ total revenues. With regulation, free and restricted percentages by this or sent via facsimile to all Board growers’ total revenues from processed rule (73 percent free and 27 percent members and tart cherry handlers. cherries is estimated to be $4.3 million restricted). Finally, the rule was made available higher than without restrictions. The One alternative to this action would through the Internet by USDA and the without restrictions scenario assumes be not to have volume regulation this Office of the Federal Register. A 30-day that all tart cherries produced would be season. Board members stated that no comment period ending January 5, 2009, delivered to processors for payments. volume regulation would be detrimental was provided to allow interested It is concluded that the 27 percent to the tart cherry industry due to the persons to respond to the proposal. No volume control would not unduly size of the 2008–2009 crop. Returns to comments were received. burden producers, particularly smaller growers would not cover their costs of AMS is committed to complying with growers. The 27 percent restriction production for this season which might the E-Government Act, to promote the would be applied to the growers in cause some to go out of business. use of the Internet and other Michigan, New York, Utah, and As mentioned earlier, USDA’s information technologies to provide Washington. The growers in the other ‘‘Guidelines for Fruit, Vegetable, and increased opportunities for citizen three States covered under the Specialty Crop Marketing Orders’’ access to Government information and marketing order will benefit from this specify that 110 percent of recent years’ services and for other purposes. restriction. sales should be made available to A small business guide on complying The use of volume control is believed primary markets each season before with fruit, vegetable, and specialty crop to have little or no effect on consumer recommendations for volume regulation marketing agreements and orders may prices and will not result in fewer retail are approved. The quantity available be viewed at: http://www.ams.usda.gov/ sales or sales to food service outlets. under this rule is 110 percent of the fv/moab.html. Any questions about the Without the use of volume controls, quantity shipped in the prior three compliance guide should be sent to Jay the industry could be expected to start years. Guerber at the previously mentioned

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address in the FOR FURTHER INFORMATION DEPARTMENT OF TRANSPORTATION SUPPLEMENTARY INFORMATION: CONTACT section. Federal Aviation Administration Discussion After consideration of all relevant We issued a notice of proposed matter presented, including the 14 CFR Part 39 rulemaking (NPRM) to amend 14 CFR information and recommendation [Docket No. FAA–2008–1078 Directorate part 39 to include an AD that would submitted by the Board and other apply to the specified products. That available information, it hereby found Identifier 2008–CE–051–AD; Amendment 39–15814; AD 2009–04–08] NPRM was published in the Federal that this rule, as hereinafter set forth, Register on October 9, 2008 (73 FR will tend to effectuate the declared RIN 2120–AA64 59571). That NPRM proposed to correct policy of the Act. Airworthiness Directives; BURKHART an unsafe condition for the specified It is further found that good cause GROB LUFT—UND RAUMFAHRT products. The MCAI states: exists for not postponing the effective GmbH & CO KG G103 Series Gliders The Luftfahrt-Bundesamt received a report date of this rule until 30 days after from the Grob Company that a bolt in the publication in the Federal Register (5 AGENCY: Federal Aviation airbrake control was found failed during a U.S.C. 553) because handlers are already Administration (FAA), Department of pre-flight inspection on a G 103C TWIN III shipping tart cherries from the 2008– Transportation (DOT). ACRO. During an extensive investigation ACTION: Final rule. (metallurgical investigation) a double sided 2009 crop. Further, handlers are aware fatigue crack was found as root cause. As the of this rule, which was recommended at SUMMARY: We are adopting a new bolt is insignificantly stressed by cyclic a public meeting. Also, a 30-day airworthiness directive (AD) for the bending the crack was probably caused by comment period was provided for in the products listed above. This AD results mean stress supported by a bolt torque proposed rule. No comments were from mandatory continuing exceeding the limit. received. airworthiness information (MCAI) The actions specified by this airworthiness issued by an aviation authority of directive are intended to prevent further bolt List of Subjects in 7 CFR Part 930 cracking which can result in airbrake as well another country to identify and correct as elevator failure (elevator control is on the Marketing agreements, Reporting and an unsafe condition on an aviation same pedestal) and reduced controllability of recordkeeping requirements, Tart product. The MCAI describes the unsafe the power glider. condition as: cherries. Comments The Luftfahrt-Bundesamt received a report ■ For the reasons set forth in the from the Grob Company that a bolt in the We gave the public the opportunity to preamble, 7 CFR part 930 is amended as airbrake control was found failed during a participate in developing this AD. We follows: pre-flight inspection on a G 103C TWIN III received no comments on the NPRM or ACRO. During an extensive investigation on the determination of the cost to the PART 930—TART CHERRIES GROWN (metallurgical investigation) a double sided public. IN THE STATES OF MICHIGAN, NEW fatigue crack was found as root cause. As the YORK, PENNSYLVANIA, OREGON, bolt is insignificantly stressed by cyclic Conclusion bending the crack was probably caused by UTAH, WASHINGTON, AND mean stress supported by a bolt torque We reviewed the available data and WISCONSIN exceeding the limit. determined that air safety and the The actions specified by this airworthiness public interest require adopting the AD ■ 1. The authority citation for 7 CFR directive are intended to prevent further bolt as proposed. part 930 continues to read as follows: cracking which can result in airbrake as well as elevator failure (elevator control is on the Differences Between This AD and the Authority: 7 U.S.C. 601–674. same pedestal) and reduced controllability of MCAI or Service Information the power glider. ■ We have reviewed the MCAI and 2. Section 930.256 is added to read as We are issuing this AD to require follows: related service information and, in actions to correct the unsafe condition general, agree with their substance. But Note: This section will not appear in the on these products. we might have found it necessary to use annual Code of Federal Regulations. DATES: This AD becomes effective different words from those in the MCAI March 31, 2009. to ensure the AD is clear for U.S. § 930.256 Final free and restricted On March 31, 2009, the Director of the operators and is enforceable. In making percentages for the 2008–2009 crop year. Federal Register approved the these changes, we do not intend to differ incorporation by reference of certain The final percentages for tart cherries substantively from the information publications listed in this AD. handled by handlers during the crop provided in the MCAI and related ADDRESSES: You may examine the AD year beginning on July 1, 2008, which service information. docket on the Internet at http:// shall be free and restricted, respectively, We might also have required different www.regulations.gov or in person at actions in this AD from those in the are designated as follows: Free Document Management Facility, U.S. MCAI in order to follow FAA policies. percentage, 73 percent and restricted Department of Transportation, Docket Any such differences are highlighted in percentage, 27 percent. Operations, M–30, West Building a Note within the AD. Dated: February 18, 2009. Ground Floor, Room W12–140, 1200 Costs of Compliance Robert C. Keeney, New Jersey Avenue, SE., Washington, DC 20590. Acting Associate Administrator. Based on the service information, we FOR FURTHER INFORMATION CONTACT: Greg estimate that this AD will affect 129 [FR Doc. E9–3849 Filed 2–23–09; 8:45 am] Davison, Glider Program Manager, FAA, products of U.S. registry. We also BILLING CODE 3410–02–P Small Airplane Directorate, 901 Locust, estimate that it will take about 1 work- Room 301, Kansas City, Missouri 64106; hour per product to comply with basic telephone: (816) 329–4130; fax: (816) requirements of this AD. The average 329–4090. labor rate is $80 per work-hour.

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Required parts will cost about $15 per ADDRESSES section. Comments will be The MCAI requires replacement of bolt product. available in the AD docket shortly after LN9037–M6x60 from the airbrake bell crank Based on these figures, we estimate receipt. 103B–4437 with a new bolt with a new the cost of this AD to the U.S. operators locking nut and tightening the bolt to a List of Subjects in 14 CFR Part 39 specific torque; check of all parts of the to be $12,255 or $95 per product. airbrake bell crank and the attachment parts Air transportation, Aircraft, Aviation Authority for This Rulemaking for any damage and replacement of any safety, Incorporation by reference, damaged parts; check of the airbrake locking Title 49 of the United States Code Safety. force of the left-hand and right-hand wing for specifies the FAA’s authority to issue a specific force value range and that the Adoption of the Amendment rules on aviation safety. Subtitle I, locking is clearly noticeable; and check of the section 106, describes the authority of ■ Accordingly, under the authority airbrake locking force at the operating lever the FAA Administrator. ‘‘Subtitle VII: delegated to me by the Administrator, in the front cockpit with the wings rigged for a specific force value range. Aviation Programs,’’ describes in more the FAA amends 14 CFR part 39 as detail the scope of the Agency’s follows: Actions and Compliance authority. (f) Unless already done, within 60 days We are issuing this rulemaking under PART 39—AIRWORTHINESS after March 31, 2009 (the effective date of the authority described in ‘‘Subtitle VII, DIRECTIVES this AD), do the following actions following Grob Aerospace Service Bulletin No. MSB Part A, Subpart III, Section 44701: ■ 1. The authority citation for part 39 315–76/1 and No. 869–27/1 (same General requirements.’’ Under that continues to read as follows: section, Congress charges the FAA with document), dated June 23, 2008: Authority: 49 U.S.C. 106(g), 40113, 44701. (1) Remove bolt LN9037–M6x60 from the promoting safe flight of civil aircraft in airbrake bell crank 103B–4437 and install a air commerce by prescribing regulations § 39.13 [Amended] new bolt LN9037–M6x60 with the new for practices, methods, and procedures ■ locking nut LN9348–M6 and torque the bolt the Administrator finds necessary for 2. The FAA amends § 39.13 by adding to 6.4 Nm (4.7 lbs.ft). safety in air commerce. This regulation the following new AD: (2) Inspect all parts of the airbrake bell is within the scope of that authority 2009–04–08 BURKHART GROB LUFT— crank including the attachment parts for any because it addresses an unsafe condition UND RAUMFAHRT GmbH & CO KG: damage and, before further flight, replace any Amendment 39–15814; Docket No. damaged parts. that is likely to exist or develop on (3) Inspect the airbrake locking force of the products identified in this rulemaking FAA–2008–1078; Directorate Identifier 2008–CE–051–AD. left-hand (LH) and right-hand (RH) wing action. using a spring balance. The force must be Effective Date equal for the LH and RH wing (guidance Regulatory Findings (a) This airworthiness directive (AD) value: 10 ± 2 daN, (22.5 ± 4.5 lbs)) and the We determined that this AD will not becomes effective March 31, 2009. locking must be clearly noticeable. have federalism implications under (4) Inspect the airbrake locking force at the Affected ADs Executive Order 13132. This AD will operating lever in the front cockpit with the (b) None. wings rigged. The guidance value is 10 ± 2 not have a substantial direct effect on daN, (22.5 ± 4.5 lbs). It must not exceed 15– the States, on the relationship between Applicability 20 daN (33.7–45.0 lbs). the national government and the States, (c) This AD applies to the following FAA AD Differences or on the distribution of power and models and serial numbers (SNs) gliders, responsibilities among the various certificated in any category: Note: This AD differs from the MCAI and/ levels of government. (1) G103 TWIN II, SNs 3730 through 3878; or service information as follows: No For the reasons discussed above, I (2) G103A TWIN II ACRO, SNs 3730 differences. certify this AD: through 34078 (K); Other FAA AD Provisions (1) Is not a ‘‘significant regulatory (3) G103C TWIN III ACRO, SNs 34101 action’’ under Executive Order 12866; through 34203; and (g) The following provisions also apply to (4) G 103 C TWIN III SL, SNs 35001 (2) Is not a ‘‘significant rule’’ under this AD: through 35051. (1) Alternative Methods of Compliance DOT Regulatory Policies and Procedures Subject (AMOCs): The Manager, Standards Office, (44 FR 11034, February 26, 1979); and FAA, has the authority to approve AMOCs (3) Will not have a significant (d) Air Transport Association of America for this AD, if requested using the procedures economic impact, positive or negative, (ATA) Code 27: Flight Controls. found in 14 CFR 39.19. Send information to on a substantial number of small entities Reason ATTN: Greg Davison, Glider Program under the criteria of the Regulatory Manager, FAA, Small Airplane Directorate, (e) The mandatory continuing 901 Locust, Room 301, Kansas City, Missouri Flexibility Act. airworthiness information (MCAI) states: We prepared a regulatory evaluation 64106; telephone: (816) 329–4130; fax: (816) ‘‘The Luftfahrt-Bundesamt received a of the estimated costs to comply with 329–4090. Before using any approved AMOC report from the Grob Company that a bolt in on any airplane to which the AMOC applies, this AD and placed it in the AD Docket. the airbrake control was found failed during notify your appropriate principal inspector Examining the AD Docket a pre-flight inspection on a G 103C TWIN III (PI) in the FAA Flight Standards District ACRO. During an extensive investigation Office (FSDO), or lacking a PI, your local You may examine the AD docket on (metallurgical investigation) a double sided FSDO. the Internet at http: // fatigue crack was found as root cause. As the (2) Airworthy Product: For any www.regulations.gov; or in person at the bolt is insignificantly stressed by cyclic requirement in this AD to obtain corrective Docket Management Facility between 9 bending the crack was probably caused by actions from a manufacturer or other source, a.m. and 5 p.m., Monday through mean stress supported by a bolt torque use these actions if they are FAA-approved. Friday, except Federal holidays. The AD exceeding the limit. Corrective actions are considered FAA- ‘‘The actions specified by this docket contains the NPRM, the approved if they are approved by the State airworthiness directive are intended to of Design Authority (or their delegated regulatory evaluation, any comments prevent further bolt cracking which can agent). You are required to assure the product received, and other information. The result in airbrake as well as elevator failure is airworthy before it is returned to service. street address for the Docket Office (elevator control is on the same pedestal) and (3) Reporting Requirements: For any (telephone (800) 647–5527) is in the reduced controllability of the power glider.’’ reporting requirement in this AD, under the

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provisions of the Paperwork Reduction Act DEPARTMENT OF TRANSPORTATION Docket Operations, M–30, West (44 U.S.C. 3501 et seq.), the Office of Building Ground Floor, Room W12–140, Management and Budget (OMB) has Federal Aviation Administration 1200 New Jersey Avenue, SE., approved the information collection Washington, DC 20590. requirements and has assigned OMB Control 14 CFR Part 39 FOR FURTHER INFORMATION CONTACT: Number 2120–0056. [Docket No. FAA–2008–0736; Directorate William S. Bond, Aerospace Engineer, Related Information Identifier 2008–NM–102–AD; Amendment Propulsion Branch, ANM–140L, FAA, 39–15804; AD 2009–03–03] Los Angeles Aircraft Certification (h) Refer to MCAI Federal Republic of Office, 3960 Paramount Boulevard, Germany Luftfahrt-Bundesamt AD D–2008– RIN 2120–AA64 Lakewood, California 90712–4137; 231, dated July 11, 2008; and AD D–2008– telephone (562) 627–5253; fax (562) 232, dated July 11, 2008; and Grob Aerospace Airworthiness Directives; McDonnell 627–5210. Service Bulletin No. MSB 315–76/1 and No. Douglas Model DC–9–14, DC–9–15, 869–27/1 (same document), dated June 23, and DC–9–15F Airplanes; and Model SUPPLEMENTARY INFORMATION: 2008, for related information. DC–9–20, DC–9–30, DC–9–40, and DC– Discussion 9–50 Series Airplanes Material Incorporated by Reference We issued a notice of proposed (i) You must use Grob Aerospace Service AGENCY: Federal Aviation rulemaking (NPRM) to amend 14 CFR Bulletin No. MSB 315–76/1 and No. 869–27/ Administration (FAA), DOT. part 39 to include an airworthiness 1 (same document), dated June 23, 2008, to ACTION: Final rule. directive (AD) that would apply to do the actions required by this AD, unless the certain McDonnell Douglas airplanes. AD specifies otherwise. SUMMARY: We are adopting a new That NPRM was published in the (1) The Director of the Federal Register airworthiness directive (AD) for certain Federal Register on August 1, 2008 (73 approved the incorporation by reference of McDonnell Douglas airplanes listed FR 44937). That NPRM proposed to this service information under 5 U.S.C. above. This AD requires installing a require installing a dam assembly for 552(a) and 1 CFR part 51. dam assembly for the container of the the container of the fuel boost pump of (2) For service information identified in fuel boost pump of the center tank the center tank located in the right main this AD, contact GROB Luft-und Raumfahrt, located in the right main tank, and tank, and doing the related investigative Lettenbachstrasse 9, D–86874 Tussenhausen- doing the related investigative actions, actions, and corrective actions if Mattsies, Germany; telephone: + 011 49 8268 and corrective actions if necessary. This necessary. 998139; facsimile: + 011 49 8268 998200; E- AD results from fuel system reviews Comments mail: [email protected]; conducted by the manufacturer. We are Internet: http://www.grob-aerospace.net. issuing this AD to prevent the center We gave the public the opportunity to (3) You may review copies of the service tank fuel boost pump from operating in participate in developing this AD. We information incorporated by reference for a fuel vapor zone and becoming a considered the comment received. this AD at the FAA, Central Region, Office of potential ignition source in the right Request for Service Bulletin Validation the Regional Counsel, 901 Locust, Kansas main tank, potentially resulting in a fuel Northwest Airlines (NWA) has City, Missouri 64106. For information on the tank explosion and consequent loss of concerns that Boeing Service Bulletin availability of this material at the Central the airplane. Region, call (816) 329–3768. DC9–28–216, dated March 18, 2008, has DATES: This AD is effective March 31, not been fully validated on an airplane. (4) You may also review copies of the 2009. service information incorporated by reference NWA states that the referenced service The Director of the Federal Register bulletin specifies that the identified for this AD at the National Archives and approved the incorporation by reference Records Administration (NARA). For change was completed on an airplane of a certain publication listed in this AD having fuselage number 807, before the information on the availability of this as of March 31, 2009. material at NARA, call (202) 741–6030, or go initial release of the service bulletin. to: http://www.archives.gov/federal_register/ ADDRESSES: For service information However, although accomplishment of code_of_federal_regulations/ibr_ identified in this AD, contact Boeing the referenced service bulletin was locations.html. Commercial Airplanes, Attention: Data started on that airplane (for a NWA & Services Management, 3855 airplane), it was determined that the Issued in Kansas City, Missouri, on Lakewood Boulevard, MC D800–0019, fuel line hardware specified in the February 6, 2009. Long Beach, California 90846–0001; service bulletin is incorrect, and the Kim Smith, telephone 206–544–5000, extension 2; actions could not be accomplished. Manager, Small Airplane Directorate, Aircraft fax 206–766–5683; e-mail NWA has contacted Boeing regarding Certification Service. [email protected]; Internet the problem, and adds that, as written, [FR Doc. E9–3116 Filed 2–23–09; 8:45 am] https://www.myboeingfleet.com. the referenced service bulletin cannot be accomplished. NWA recommends that BILLING CODE 4910–13–P Examining the AD Docket the service bulletin be validated prior to You may examine the AD docket on release of the AD. the Internet at http:// We acknowledge the commenter’s www.regulations.gov; or in person at the concern but we do not agree that Boeing Docket Management Facility between 9 Service Bulletin DC9–28–216, dated a.m. and 5 p.m., Monday through March 18, 2008, cannot be Friday, except Federal holidays. The AD accomplished. The manufacturer has docket contains this AD, the regulatory informed us that the fuel line hardware evaluation, any comments received, and specified in Boeing Service Bulletin other information. The address for the DC9–28–216, dated March 18, 2008, is Docket Office (telephone 800–647–5527) correct. During validation of the service is the Document Management Facility, bulletin on the airplane having fuselage U.S. Department of Transportation, number 807, the identified problem was

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corrected prior to the release of Boeing (2) Is not a ‘‘significant rule’’ under the container of the fuel boost pump of the Service Bulletin DC9–28–216, dated DOT Regulatory Policies and Procedures center tank located in the right main tank, March 18, 2008. Therefore, we have (44 FR 11034, February 26, 1979), and and do the related investigative and made no change to the AD in this (3) Will not have a significant applicable corrective actions, by regard. economic impact, positive or negative, accomplishing all the actions specified in the on a substantial number of small entities Accomplishment Instructions of Boeing Conclusion under the criteria of the Regulatory Service Bulletin DC9–28–216, dated March We reviewed the relevant data, Flexibility Act. 18, 2008. Do the applicable corrective actions considered the comment received, and You can find our regulatory before further flight. determined that air safety and the evaluation and the estimated costs of Alternative Methods of Compliance public interest require adopting the AD compliance in the AD Docket. (AMOCs) as proposed. List of Subjects in 14 CFR Part 39 (g)(1) The Manager, FAA, Los Angeles Costs of Compliance Aircraft Certification Office, ATTN: William Air transportation, Aircraft, Aviation S. Bond, Aerospace Engineer, Propulsion We estimate that this AD affects 413 safety, Incorporation by reference, Branch, ANM–140L, FAA, Los Angeles airplanes of U.S. registry. We also Safety. Aircraft Certification Office, 3960 Paramount estimate that it will take 3 or 7 work- Boulevard, Lakewood, California 90712– Adoption of the Amendment hours per product, depending on 4137; telephone (562) 627–5253; fax (562) airplane configuration, to comply with ■ Accordingly, under the authority 627–5210; has the authority to approve this AD. The average labor rate is $80 delegated to me by the Administrator, AMOCs for this AD, if requested using the per work-hour. Required parts will cost the FAA amends 14 CFR part 39 as procedures found in 14 CFR 39.19. $1,142 or $1,697 per product, follows: (2) To request a different method of depending on configuration of the compliance or a different compliance time airplane. Based on these figures, we PART 39—AIRWORTHINESS for this AD, follow the procedures in 14 CFR estimate the cost of this AD to the U.S. DIRECTIVES 39.19. Before using any approved AMOC on any airplane to which the AMOC applies, operators to be $570,766 or $932,141, or ■ 1. The authority citation for part 39 notify your appropriate principal inspector $1,382 or $2,257 per product, continues to read as follows: (PI) in the FAA Flight Standards District depending on configuration of the Authority: 49 U.S.C. 106(g), 40113, 44701. Office (FSDO), or lacking a PI, your local airplane. FSDO. Authority for This Rulemaking § 39.13 [Amended] Material Incorporated by Reference Title 49 of the United States Code ■ 2. The FAA amends § 39.13 by adding (h) You must use Boeing Service Bulletin specifies the FAA’s authority to issue the following new AD: DC9–28–216, dated March 18, 2008, to do the rules on aviation safety. Subtitle I, 2009–03–03 McDonnell Douglas: actions required by this AD, unless the AD section 106, describes the authority of Amendment 39–15804. Docket No. specifies otherwise. the FAA Administrator. ‘‘Subtitle VII: FAA–2008–0736; Directorate Identifier (1) The Director of the Federal Register Aviation Programs,’’ describes in more 2008–NM–102–AD. approved the incorporation by reference of this service information under 5 U.S.C. detail the scope of the Agency’s Effective Date authority. 552(a) and 1 CFR part 51. We are issuing this rulemaking under (a) This airworthiness directive (AD) is (2) For service information identified in the authority described in ‘‘Subtitle VII, effective March 31, 2009. this AD, contact Boeing Commercial Part A, Subpart III, Section 44701: Affected ADs Airplanes, Attention: Data & Services Management, 3855 Lakewood Boulevard, MC General requirements.’’ Under that (b) None. D800–0019, Long Beach, California 90846– section, Congress charges the FAA with Applicability 0001; telephone 206–544–5000, extension 2; promoting safe flight of civil aircraft in fax 206–766–5683; e-mail (c) This AD applies to McDonnell Douglas air commerce by prescribing regulations [email protected]; Internet http:// for practices, methods, and procedures Model DC–9–14, DC–9–15, DC–9–15F, DC– 9–21, DC–9–31, DC–9–32, DC–9–32 (VC–9C), www.myboeingfleet.com. the Administrator finds necessary for DC–9–32F, DC–9–33F, DC–9–34, DC–9–34F, (3) You may review copies of the service safety in air commerce. This regulation DC–9–32F (C–9A, C–9B), DC–9–41, and DC– information that is incorporated by reference is within the scope of that authority 9–51 airplanes, certificated in any category; at the FAA, Transport Airplane Directorate, because it addresses an unsafe condition as identified in Boeing Service Bulletin DC9– 1601 Lind Avenue, SW., Renton, that is likely to exist or develop on 28–216, dated March 18, 2008. Washington. For information on the availability of this material at the FAA, call products identified in this rulemaking Unsafe Condition action. 425–227–1221 or 425–227–1152. (d) This AD results from fuel system (4) You may also review copies of the Regulatory Findings reviews conducted by the manufacturer. We service information at the National Archives are issuing this AD to prevent the center tank and Records Administration (NARA). For This AD will not have federalism fuel boost pump from operating in a fuel implications under Executive Order information on the availability of this vapor zone and becoming a potential ignition material at NARA, call 202–741–6030, or go 13132. This AD will not have a source in the right main tank, potentially to: http://www.archives.gov/federal_register/ substantial direct effect on the States, on resulting in a fuel tank explosion and code_of_federal_regulations/ibr_ the relationship between the national consequent loss of the airplane. locations.html. government and the States, or on the Compliance distribution of power and Issued in Renton, Washington, on January 21, 2009. responsibilities among the various (e) Comply with this AD within the compliance times specified, unless already Ali Bahrami, levels of government. done. For the reasons discussed above, I Manager, Transport Airplane Directorate, certify that this AD: Install Dam Assembly Aircraft Certification Service. (1) Is not a ‘‘significant regulatory (f) Within 60 months after the effective [FR Doc. E9–3125 Filed 2–23–09; 8:45 am] action’’ under Executive Order 12866, date of this AD, install a dam assembly for BILLING CODE 4910–13–P

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DEPARTMENT OF TRANSPORTATION Lakewood Boulevard, MC D800–0019, Comments Long Beach, California 90846–0001; We provided the public the Federal Aviation Administration telephone 206–544–5000, extension 2; opportunity to participate in the fax 206–766–5683; e-mail development of this AD. We have 14 CFR Part 39 [email protected]; Internet considered the comments that have [Docket No. FAA–2008–0735; Directorate https://www.myboeingfleet.com. been received on the NPRM. Identifier 2008–NM–085–AD; Amendment Examining the AD Docket 39–15803; AD 2009–03–02] Request To Include Reference to Approved Alternative Methods of RIN 2120–AA64 You may examine the AD docket on the Internet at http:// Compliance (AMOCs) Airworthiness Directives; McDonnell www.regulations.gov; or in person at the Boeing requests that we revise the Douglas Model DC–10–10, DC–10–10F, Docket Management Facility between 9 NPRM to include a reference to service DC–10–15, DC–10–30, DC–10–30F (KC– a.m. and 5 p.m., Monday through information previously approved as 10A and KDC–10), DC–10–40, DC–10– Friday, except Federal holidays. The AD AMOCs to AD 2004–05–20. Boeing 40F, MD–10–10F, MD–10–30F, MD–11, docket contains this AD, the regulatory points out that paragraphs (f) and (g)(2) and MD–11F Airplanes evaluation, any comments received, and of the NPRM refer to the following other information. The address for the service bulletins as the sources of AGENCY: Federal Aviation Docket Office (telephone 800–647–5527) service information for certain prior/ Administration (FAA), Department of is the Document Management Facility, concurrent actions: Boeing Alert Service Transportation (DOT). U.S. Department of Transportation, Bulletin MD11–29A057, Revision 02, ACTION: Final rule. Docket Operations, M–30, West dated April 17, 2003; and Boeing Alert Building Ground Floor, Room W12–140, Service Bulletin MD11–29A059, SUMMARY: The FAA is superseding an 1200 New Jersey Avenue, SE., Revision 2, dated August 1, 2003. existing airworthiness directive (AD), Washington, DC 20590. Boeing states that the following service which applies to certain McDonnell bulletins have been approved as AMOCs Douglas transport category airplanes. FOR FURTHER INFORMATION CONTACT: Ken to AD 2004–05–20 as follows: Boeing That AD currently requires modification Sujishi, Aerospace Engineer, Cabin Alert Service Bulletin MD11–29A057, of the installation wiring for the electric Safety/Mechanical and Environmental Revision 3, dated October 15, 2005; and motor-operated auxiliary hydraulic Systems Branch, ANM–150L, FAA, Los Boeing Alert Service Bulletin MD11– pumps in the right wheel well area of Angeles Aircraft Certification Office, 29A059, Revision 3, dated September the main landing gear; repetitive 3960 Paramount Boulevard, Lakewood, 24, 2004, Revision 4, dated November 1, inspections of the numbers 1 and 2 California 90712–4137; telephone (562) 2005, and Revision 5, dated June 27, electric motors of the auxiliary 627–5353; fax (562) 627–5210. 2006. hydraulic pumps for electrical SUPPLEMENTARY INFORMATION: We agree that these service resistance, continuity, mechanical documents were previously approved as rotation, and associated airplane wiring Discussion AMOCs for AD 2004–05–20. We have added a new paragraph (i)(3) to this AD resistance/voltage; and corrective The FAA issued a notice of proposed to state that AMOCs approved actions if necessary. This new AD also rulemaking (NPRM) to amend 14 CFR previously in accordance with AD requires, for certain airplanes, part 39 to include an AD that 2004–05–20 are approved as AMOCs for modifying and rerouting, as applicable, supersedes AD 2004–05–20, amendment the requirements of paragraphs (g)(1) certain components of the wiring of the 39–13515 (69 FR 11504, March 11, and (g)(2) of this AD. electric motor for the auxiliary 2004). The existing AD applies to hydraulic pump located in the right certain McDonnell Douglas Model DC– Request To Clarify Differences Between wheel well. This AD results from 10–10, DC–10–10F, DC–10–15, DC–10– Service Bulletins reports of failure of the electric motor 30, DC–10–30F (KC–10A and KDC–10), The United States Air Force (USAF) for the auxiliary hydraulic pump. We DC–10–40, DC–10–40F, MD–10–10F, are issuing this AD to prevent failure of requests that operators in compliance MD–10–30F, MD–11, and MD–11F with Boeing Alert Service Bulletin the electric motors of the hydraulic airplanes. That NPRM was published in pump and associated wiring, which DC10–29A144, Revision 2, dated August the Federal Register on July 28, 2008 1, 2003, not be required to accomplish could result in fire at the auxiliary (73 FR 43643). That NPRM proposed to hydraulic pump and consequent the re-check specified in Boeing Alert continue to require modification of the Service Bulletin DC10–29A148, dated damage to the adjacent electrical installation wiring for the electric equipment and/or structure. March 20, 2008. (Boeing Alert Service motor-operated auxiliary hydraulic Bulletin DC10–29A148 is the DATES: This AD becomes effective pumps in the right wheel well area of appropriate source of service March 31, 2009. the main landing gear; repetitive information for the new actions required The Director of the Federal Register inspections of the numbers 1 and 2 by paragraph (h) of this AD; Boeing approved the incorporation by reference electric motors of the auxiliary Alert Service Bulletin DC10–29A144, of certain publications listed in the AD hydraulic pumps for electrical Revision 2, is the appropriate source of as of March 31, 2009. resistance, continuity, mechanical service information for the prior/ On April 15, 2004 (69 FR 11504, rotation, and associated airplane wiring concurrent actions specified in March 11, 2004), the Director of the resistance/voltage; and corrective paragraph (f)(1) of this AD.) The USAF Federal Register approved the actions if necessary. That NPRM also states that it has completed Boeing Alert incorporation by reference of certain proposed to require, for certain Service Bulletin DC10–29A144, service information as listed in the AD. airplanes, modifying and rerouting, as Revision 2, on its fleet of McDonnell ADDRESSES: For service information applicable, certain components of the Douglas Model DC–10–30F (KC–10A identified in this AD, contact Boeing wiring of the electric motor for the and KDC–10) airplanes. Commercial Airplanes, Attention: Data auxiliary hydraulic pump located in the We disagree with the request that & Services Management, 3855 right wheel well. operators in compliance with Boeing

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Alert Service Bulletin DC10–29A144, Request To Apply AD Only to Certain 10F, DC–10–15, DC–10–30, DC–10–30F Revision 2, not be required to Airplanes (KC–10A and KDC–10), DC–10–40, and accomplish the re-check specified in DC–10–40F airplanes. In order to do so, Boeing Alert Service Bulletin DC10– KLM Royal Dutch Airlines (KLM) we would have to supersede AD 2004– 29A148. (Boeing Alert Service Bulletin requests that the AD apply only to 05–20 to remove the DC–10 models DC10–29A148, requires a re-check of McDonnell Douglas Model DC–10–10, from the applicability; otherwise that the re-routing accomplished in DC–10–10F, DC–10–15, DC–10–30, DC– AD would remain in effect for those accordance with Boeing Alert Service 10–30F (KC–10A and KDC–10), DC–10– airplanes. We would then have to create Bulletin DC10–29A144, Revision 2.) 40, and DC–10–40F airplanes, because a new AD to apply to the DC–10 models. Boeing has notified us that it found the issue applies only to these airplanes. Therefore, more redundancy and problems with the actions specified in KLM states that this change would confusion would be created rather than Boeing Alert Service Bulletin DC10– avoid confusion and redundant less. We have not changed the AD in 29A144, Revision 2. Specifically, Boeing (administrative) AD actions for the this regard. found that bracket assemblies did not entire fleet of Model MD–11 and MD– have adequate dimensions and 11F airplanes. KLM also points out that Conclusion tolerances as called out in the the new actions apply only to the DC– We have carefully reviewed the installation drawing for this service 10 models. KLM requests that: (1) AD available data, including the comments bulletin. Boeing Alert Service Bulletin 2004–05–20 remain valid for all models that have been received, and determined DC10–29A148 supersedes Boeing Alert to prescribe newer revisions of existing that air safety and the public interest Service Bulletin DC10–29A144, service information; and (2) a new AD require adopting the AD with the Revision 2. The work instructions for be issued only for the DC–10 models to change described previously. We have Boeing Alert Service Bulletin DC10– prescribe inspection criteria corrective determined that this change will neither 29A148 specify using new installation actions in accordance with the new increase the economic burden on any dimensions and tolerances for the service bulletin (Boeing Alert Service operator nor increase the scope of the bracket assemblies. Boeing Alert Service Bulletin DC10–29A148). AD. Bulletin DC10–29A148 also provides We partially agree with KLM’s Costs of Compliance instructions for modifying the request. We agree that no new work installation wiring for airplanes that requirements have been added for There are about 409 airplanes of the were not changed in accordance with Model MD–10–10F, MD–10–30F, MD– affected design in the worldwide fleet. Boeing Alert Service Bulletin DC10– 11, and MD–11F airplanes. We disagree The following table provides the 29A144, Revision 2. We have not with the request to issue a separate AD estimated costs for U.S. operators to changed the AD in this regard. to cover only Model DC–10–10, DC–10– comply with this AD.

ESTIMATED COSTS

Average Number of Work labor Cost per U.S.- Action hours rate per Parts airplane registered Fleet cost hour airplanes

Modification (required by AD 2004–05– 9 ...... $80 $4,886 to $7,920 .... $5,606 to $8,640 .... 322 $1,805,132 to 20). $2,782,080. Inspection (required by AD 2004–05–20) 1 ...... 80 $0 ...... $80, per inspection 322 $25,760, per inspec- cycle. tion cycle. Modification/rerouting (new action) ...... 2 to 80 $5,380 to $5,872 .... $5,540 to $7,312 .... 128 $709,120 to 18. $935,936.

Authority for This Rulemaking that is likely to exist or develop on (3) Will not have a significant products identified in this rulemaking economic impact, positive or negative, Title 49 of the United States Code action. on a substantial number of small entities specifies the FAA’s authority to issue under the criteria of the Regulatory rules on aviation safety. Subtitle I, Regulatory Findings Flexibility Act. Section 106, describes the authority of the FAA Administrator. Subtitle VII, We have determined that this AD will We prepared a regulatory evaluation Aviation Programs, describes in more not have federalism implications under of the estimated costs to comply with detail the scope of the Agency’s Executive Order 13132. This AD will this AD and placed it in the AD docket. authority. not have a substantial direct effect on See the ADDRESSES section for a location the States, on the relationship between to examine the regulatory evaluation. We are issuing this rulemaking under the national government and the States, the authority described in Subtitle VII, or on the distribution of power and List of Subjects in 14 CFR Part 39 Part A, Subpart III, Section 44701, responsibilities among the various Air transportation, Aircraft, Aviation ‘‘General requirements.’’ Under that levels of government. section, Congress charges the FAA with safety, Incorporation by reference, promoting safe flight of civil aircraft in For the reasons discussed above, I Safety. certify that this AD: air commerce by prescribing regulations Adoption of the Amendment for practices, methods, and procedures (1) Is not a ‘‘significant regulatory the Administrator finds necessary for action’’ under Executive Order 12866; ■ Accordingly, under the authority safety in air commerce. This regulation (2) Is not a ‘‘significant rule’’ under delegated to me by the Administrator, is within the scope of that authority DOT Regulatory Policies and Procedures the FAA amends 14 CFR part 39 as because it addresses an unsafe condition (44 FR 11034, February 26, 1979); and follows:

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PART 39—AIRWORTHINESS FR 11504, March 11, 2004) and by Affected ADs DIRECTIVES adding the following new airworthiness (b) This AD supersedes AD 2004–05–20. directive (AD): ■ 1. The authority citation for part 39 Applicability continues to read as follows: 2009–03–02 McDonnell Douglas: (c) This AD applies to McDonnell Douglas Amendment 39–15803. Docket No. Model DC–10–10, DC–10–10F, DC–10–15, Authority: 49 U.S.C. 106(g), 40113, 44701. FAA–2008–0735; Directorate Identifier DC–10–30, DC–10–30F (KC–10A and KDC– § 39.13 [Amended] 2008–NM–085–AD. 10), DC–10–40, DC–10–40F, MD–10–10F, MD–10–30F, MD–11, and MD–11F airplanes; Effective Date ■ 2. The Federal Aviation certificated in any category; as identified in Administration (FAA) amends § 39.13 (a) This AD becomes effective March 31, the applicable service bulletin listed in Table by removing amendment 39–13515 (69 2009. 1 of this AD.

TABLE 1—AIRPLANES AFFECTED BY THIS AD

McDonnell Douglas model— Identified in— Referenced in—

DC–10–10, DC–10–10F, DC–10–15, DC–10– Boeing Alert Service Bulletin DC10–29A144, Paragraph (f) of this AD. 30, DC–10–30F (KC–10A and KDC–10), Revision 2, dated August 1, 2003. DC–10–40, DC–10–40F, MD–10–10F, and MD–10–30F airplanes. MD–11 and MD–11F airplanes ...... Boeing Alert Service Bulletin MD11–29A059, Paragraph (g) of this AD. Revision 2, dated August 1, 2003. DC–10–10, DC–10–10F, DC–10–15, DC–10– Boeing Alert Service Bulletin DC10–29A148, Paragraph (h) of this AD. 30, DC–10–30F (KC–10A and KDC–10), dated March 20, 2008. DC–10–40, and DC–10–40F airplanes.

Unsafe Condition Service Bulletin DC10–29A144, Revision 2, (2) Prior to or concurrently with (d) This AD results from reports of failure dated August 1, 2003. accomplishment of paragraph (g)(1) of this of the electric motor for the auxiliary (2) Prior to or concurrently with AD: Do the actions specified in Boeing Alert hydraulic pump. We are issuing this AD to accomplishment of paragraph (f)(1) or (h) of Service Bulletin MD11–29A057, Revision 02, prevent failure of the electric motors of the this AD: Do the actions specified in Boeing dated April 17, 2003 (including inspecting hydraulic pump and associated wiring, Alert Service Bulletin DC10–29A142, the numbers 1 and 2 electric motors of the auxiliary hydraulic pumps for electrical which could result in fire at the auxiliary Revision 02, dated April 17, 2003; or resistance, continuity, mechanical rotation, hydraulic pump and consequent damage to Revision 3, dated October 15, 2005; and associated airplane wiring resistance/ the adjacent electrical equipment and/or (including inspecting the numbers 1 and 2 electric motors of the auxiliary hydraulic voltage; and replacing the auxiliary hydraulic structure. pumps for electrical resistance, continuity, pump with a serviceable pump and repairing Compliance mechanical rotation, and associated airplane the wiring if necessary), per the Accomplishment Instructions of Boeing Alert (e) You are responsible for having the wiring resistance/voltage; and replacing the Service Bulletin MD11–29A057, Revision 02, actions required by this AD performed within auxiliary hydraulic pump with a serviceable dated April 17, 2003. Repeat the actions after the compliance times specified, unless the pump and repairing the wiring if necessary), that at intervals not to exceed 2,500 flight actions have already been done. per the Accomplishment Instructions of Boeing Alert Service Bulletin DC10–29A142, hours. Restatement of the Requirements of AD Revision 02, dated April 17, 2003; or New Requirements of This AD 2004–05–20 Revision 3, dated October 15, 2005. Repeat the actions after that at intervals not to Modification and Rerouting Modification/Prior or Concurrent Actions exceed 2,500 flight hours. After the effective (h) For Model DC–10–10, DC–10–10F, DC– (f) For Model DC–10–10, DC–10–10F, DC– date of this AD, Boeing Alert Service Bulletin 10–15, DC–10–30, DC–10–30F (KC–10A and 10–15, DC–10–30, DC–10–30F (KC–10A and DC10–29A142, Revision 3, dated October 15, KDC–10), DC–10–40, and DC–10–40F KDC–10), DC–10–40, DC–10–40F, MD–10– 2005, must be used. airplanes identified in Boeing Alert Service 10F, and MD–10–30F airplanes listed in (g) For Model MD–11 and MD–11F Bulletin DC10–29A148, dated March 20, Boeing Alert Service Bulletin DC10–29A144, airplanes listed in Boeing Alert Service 2008: Within 24 months after the effective Revision 2, dated August 1, 2003: Within 18 Bulletin MD11–29A059, Revision 2, dated date of this AD, modify and reroute, as months after April 15, 2004 (the effective August 1, 2003: Within 18 months after April applicable, components of the wiring of the date of AD 2004–05–20), do the actions 15, 2004, do the actions specified in electric motor for the auxiliary hydraulic specified in paragraphs (f)(1) and (f)(2) of this paragraphs (g)(1) and (g)(2) of this AD. pump located in the right wheel well, and do AD. (1) Modify the installation wiring of the all applicable investigative and corrective (1) Modify the installation wiring of the electric motor auxiliary hydraulic pumps in actions before further flight. Do all actions in electric motor operated auxiliary hydraulic the wheel well area of the right MLG accordance with the Accomplishment pumps in the right wheel well area of the (including removing and retaining wire Instructions of Boeing Alert Service Bulletin main landing gear (MLG) (including assembly clamps, if applicable; retaining the DC10–29A148, dated March 20, 2008. The removing existing clamps, ground wires, if existing ground wire assemblies; retaining or concurrent requirements, including the required, and sleeving from the wire replacing all other wire assemblies for both repetitive inspections, of paragraph (f)(2) of assemblies; inspecting for cracks and chafing, connectors; installing spiral wrap and this AD continue to apply to these airplanes. installing new support bracket, clips, and sleeving; wrapping upper ends of individual bracket assemblies, as applicable; installing wires with tape; installing new support Alternative Methods of Compliance (AMOCs) sleeving; re-routing and attaching wire bracket assemblies, if applicable; re-routing (i)(1) The Manager, Los Angeles Aircraft assemblies using new clamps and and attaching wire assemblies using new Certification Office (ACO), FAA, ATTN: Ken attachments; installing an additional routing clamps and attachments, if applicable; and Sujishi, Aerospace Engineer, Cabin Safety/ clip on the lower bracket of the fuel motor doing a voltage check and a functional test), Mechanical and Environmental Systems control valve, if applicable; and doing a per the Accomplishment Instructions of Branch, ANM–150L, FAA, Los Angeles voltage check and a functional test), per the Boeing Alert Service Bulletin MD11–29A059, Aircraft Certification Office, 3960 Paramount Accomplishment Instructions of Boeing Alert Revision 2, dated August 1, 2003. Boulevard, Lakewood, California 90712–

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4137; telephone (562) 627–5353; fax (562) notify your appropriate principal inspector Material Incorporated by Reference 627–5210; has the authority to approve (PI) in the FAA Flight Standards District (j) You must use the service information AMOCs for this AD, if requested using the Office (FSDO), or lacking a PI, your local listed in Table 2 of this AD to perform the procedures found in 14 CFR 39.19. FSDO. actions that are required by this AD, as (2) To request a different method of (3) AMOCs approved previously in compliance or a different compliance time applicable, unless the AD specifies accordance with AD 2004–05–20 are for this AD, follow the procedures in 14 CFR otherwise. 39.19. Before using any approved AMOC on approved as AMOCs for the requirements of any airplane to which the AMOC applies, paragraphs (g)(1) and (g)(2) of this AD.

TABLE 2—ALL MATERIAL INCORPORATED BY REFERENCE

Service Bulletin Revision level Date

Boeing Alert Service Bulletin DC10–29A142 ...... Revision 02 ...... April 17, 2003. Boeing Alert Service Bulletin DC10–29A142 ...... Revision 3 ...... October 15, 2005. Boeing Alert Service Bulletin DC10–29A144 ...... Revision 2 ...... August 1, 2003. Boeing Alert Service Bulletin DC10–29A148 ...... Original ...... March 20, 2008. Boeing Alert Service Bulletin MD11–29A057 ...... Revision 02 ...... April 17, 2003. Boeing Alert Service Bulletin MD11–29A059 including Appendix ...... Revision 2 ...... August 1, 2003.

(1) The Director of the Federal Register dated March 20, 2008; in accordance with 5 the service information listed in Table 3 of approved the incorporation by reference of U.S.C. 552(a) and 1 CFR part 51. this AD. Boeing Alert Service Bulletin DC10–29A142, (2) On April 15, 2004 (69 FR 11504, March Revision 3, dated October 15, 2005; and 11, 2004), the Director of the Federal Register Boeing Alert Service Bulletin DC10–29A148, approved the incorporation by reference of

TABLE 3—MATERIAL PREVIOUSLY INCORPORATED BY REFERENCE

Service Bulletin Revision level Date

Boeing Alert Service Bulletin DC10–29A142 ...... Revision 02 ...... April 17, 2003. Boeing Alert Service Bulletin DC10–29A144 ...... Revision 2 ...... August 1, 2003. Boeing Alert Service Bulletin MD11–29A057 ...... Revision 02 ...... April 17, 2003. Boeing Alert Service Bulletin MD11–29A059 including Appendix ...... Revision 2 ...... August 1, 2003.

(3) For service information identified in DEPARTMENT OF TRANSPORTATION functional test of the autoshutoff this AD, contact Boeing Commercial system, and applicable maintenance Airplanes, Attention: Data & Services Federal Aviation Administration actions. This AD is prompted by a Management, 3855 Lakewood Boulevard, MC report of a failure of the left-hand fuel D800–0019, Long Beach, California 90846– 14 CFR Part 39 pump of the center wing tank to shut off 0001; telephone 206–544–5000, extension 2; after being selected ‘‘OFF’’ by the fax 206–766–5683; e-mail [Docket No. FAA–2008–1199; Directorate Identifier 2008–NM–207–AD; Amendment flightcrew during flight on a Boeing [email protected]; Internet https:// 39–15781; AD 2008–24–51] Model 737–700 series airplane. www.myboeingfleet.com. Subsequent to that report, the failure RIN 2120–AA64 (4) You may review copies of the service was found on two additional airplanes. information that is incorporated by reference We are issuing this AD to prevent at the FAA, Transport Airplane Directorate, Airworthiness Directives; Boeing extended dry-running of the fuel pump, 1601 Lind Avenue, SW., Renton, Model 737–600, –700, –700C, –800, and Washington. For information on the –900 Series Airplanes which could lead to localized availability of this material at the FAA, call overheating of parts inside the fuel AGENCY: Federal Aviation 425–227–1221 or 425–227–1152. pump, and which could produce an Administration (FAA), Department of (5) You may also review copies of the ignition source inside the fuel tank. Transportation (DOT). service information at the National Archives DATES: This AD becomes effective ACTION: Final rule; request for and Records Administration (NARA). For March 2, 2009 to all persons except comments. information on the availability of this those persons to whom it was made material at NARA, call 202–741–6030, or go SUMMARY: immediately effective by emergency AD to: http://www.archives.gov/federal_register/ This document publishes in _ _ _ the Federal Register an amendment 2008–24–51, issued November 18, 2008, code of federal regulations/ which contained the requirements of ibr_locations.html. adopting airworthiness directive (AD) 2008–24–51 that was sent previously to this amendment. Issued in Renton, Washington, on January all known U.S. owners and operators of The incorporation by reference of 21, 2009. Boeing Model 737–600, –700, –700C, certain publications listed in the AD is Ali Bahrami, –800, and –900 series airplanes by approved by the Director of the Federal Manager, Transport Airplane Directorate, individual notices. This AD requires Register as of March 2, 2009. accomplishing a wiring test of the Aircraft Certification Service. We must receive comments on this autoshutoff system to verify continuity [FR Doc. E9–3123 Filed 2–23–09; 8:45 am] AD by April 27, 2009. BILLING CODE 4910–13–P and a visual verification that the wiring is correctly installed; doing corrective ADDRESSES: You may send comments by actions, if necessary; and doing a any of the following methods:

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• Federal eRulemaking Portal: Go to selected ‘‘OFF’’ by the flightcrew during the wiring is correctly installed; doing http://www.regulations.gov. Follow the flight on a Boeing Model 737–700 series corrective actions, if necessary; and instructions for submitting comments. airplane. Subsequent to that report, the doing a functional test of the autoshutoff • Fax: 202–493–2251. failure was found on two additional system, and applicable maintenance • Mail: U.S. Department of airplanes. Information indicates that the actions. These maintenance actions, Transportation, Docket Operations, M– autoshutoff system appears to function which are specified in Chapter 28, 30, West Building Ground Floor, Room normally; however, when the flightcrew Section 28–22 of the Boeing 737–600/ W12–140, 1200 New Jersey Avenue, SE., manually turns off the CWT pump 700/800/900 Fault Isolation Manual, Washington, DC 20590. switches, that action turns off the right- Document D633A103, Revision 37, • Hand Delivery: U.S. Department of hand pump, but re-energizes the left- dated October 15, 2008, include (but are Transportation, Docket Operations, M– hand pump due to incorrect wiring. The not limited to) doing a fault isolation 30, West Building Ground Floor, Room low-pressure lights turn off, incorrectly procedure, checks of the left center wing W12–140, 1200 New Jersey Avenue, SE., indicating to the flightcrew that power tank boost pump functions, relays and Washington, DC 20590, between 9 a.m. to both pumps has been removed. The wiring checks, and repairs. and 5 p.m., Monday through Friday, failure condition results in continual We found that immediate corrective except Federal holidays. running of the left-hand fuel pump action was required; therefore, notice For Boeing service information without indication to the flightcrew, and opportunity for prior public identified in this AD, contact Boeing which could lead to localized comment thereon were impracticable Commercial Airplanes, Attention: Data overheating of parts inside the fuel and contrary to the public interest, and & Services Management, P.O. Box 3707, pump, and which could produce an good cause existed to make the AD MC 2H–65, Seattle, Washington 98124– ignition source inside the fuel tank. effective immediately by individual 2207; telephone 206–544–5000, Investigation revealed that incorrect notices issued on November 18, 2008, to extension 1; fax 206–766–5680; e-mail wiring could occur on airplanes on all known U.S. owners and operators of [email protected]; Internet which an autoshutoff system was Boeing Model 737–600, –700, –700C, https://www.myboeingfleet.com. installed in accordance with Boeing –800, and –900 series airplanes. These For the Federal Aviation Alert Service Bulletin 737–28A1206. conditions still exist, and the AD is Administration Master Minimum Functional tests conducted in hereby published in the Federal Equipment List for Boeing 737 100/200/ accordance with that service bulletin are Register as an amendment to section 300/400/500/600/700/800/900 specified not adequate to detect the incorrect 39.13 of the Federal Aviation in this AD, contact the FAA, Flight wiring condition. Regulations (14 CFR 39.13) to make it Standards Division, Seattle Aircraft We approved installation of the effective to all persons. autoshutoff system as an alternative Evaluation Group, 1601 Lind Avenue, Interim Action SW., Renton, Washington 98057. For method of compliance to AD 2002–24– This AD is considered to be interim information on the availability of this 51, amendment 39–12992 (68 FR 10, action. The inspection report that is material at the FAA, call 425–917–6600 January 2, 2003). That AD was issued to required by this AD will enable the or fax 425–917–6638. address reports indicating that two fuel tank pumps showed evidence of manufacturer to obtain better insight Examining the AD Docket extreme localized overheating of parts into the nature, cause, and extent of the You may examine the AD docket on in the priming and vapor pump section failure of the left-hand fuel pump of the the Internet at http:// of the fuel pump. That AD required CWT to shut off after being selected www.regulations.gov; or in person at the revising the airplane flight manual to ‘‘OFF’’ by the flightcrew, and eventually Docket Management Facility between 9 require the flightcrew to maintain to develop final action to address the a.m. and 5 p.m., Monday through certain minimal fuel levels in the center unsafe condition. Once final action has Friday, except Federal holidays. The AD fuel tanks. been identified, we might consider docket contains this AD, the regulatory further rulemaking. Relevant Service Information In addition, for airplanes on which evaluation, any comments received, and We have reviewed Boeing Alert the uncommanded pump ‘‘ON’’ other information. The street address for Service Bulletin 737–28A1248, Revision protection system is installed in the Docket Office (telephone 800–647– 1, dated January 9, 2008. This service accordance with Boeing Alert Service 5527) is in the ADDRESSES section. bulletin describes procedures for Bulletin 737–28A1248, we are Comments will be available in the AD installing a power failed ‘ON’ protection considering further rulemaking that docket shortly after receipt. system (i.e., uncommanded pump ‘ON’ might require additional testing. FOR FURTHER INFORMATION CONTACT: protection system) for the center tank Comments Invited Samuel Spitzer, Aerospace Engineer, fuel boost pump. Propulsion Branch, ANM–140S, FAA, This AD is a final rule that involves Seattle Aircraft Certification Office, FAA’s Determination and Requirements requirements affecting flight safety, and 1601 Lind Avenue, SW., Renton, of This AD we did not provide you with notice and Washington 98057–3356; telephone Since the unsafe condition described an opportunity to provide your (425) 917–6510; fax (425) 917–6590. is likely to exist or develop on other comments before it becomes effective. SUPPLEMENTARY INFORMATION: On airplanes of the same type design, we However, we invite you to send any November 18, 2008, we issued issued emergency AD 2008–24–51 to written data, views, or arguments about emergency AD 2008–24–51, which prevent extended dry-running of the this AD. Send your comments to an applies to Boeing Model 737–600, –700, fuel pump, which could lead to address listed under the ADDRESSES –700C, –800, and –900 series airplanes. localized overheating of parts inside the section. Include ‘‘Docket No. FAA– fuel pump, and which could produce an 2008–1199; Directorate Identifier 2008– Background ignition source inside the fuel tank. The NM–207–AD’’ at the beginning of your We received a report of failure of the AD requires accomplishing a wiring test comments. We specifically invite left-hand fuel pump of the center wing of the autoshutoff system to verify comments on the overall regulatory, tank (CWT) to shut off after being continuity and a visual verification that economic, environmental, and energy

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aspects of this AD. We will consider all List of Subjects in 14 CFR Part 39 (1) Remove electrical power from the airplane. comments received by the closing date Air transportation, Aircraft, Aviation and may amend this AD because of (2) Open the following circuit breakers, safety, Incorporation by reference, and install collars and ’DO-NOT-CLOSE’ tags those comments. Safety. on the circuit breakers. We will post all comments we Adoption of the Amendment (i) Circuit breaker (CB) C3012, XFR BUS 2 receive, without change, to http:// SECT 2, on the P92 panel. www.regulations.gov, including any ■ Accordingly, under the authority (ii) CB C3002, XFR BUS 1 SECT 2, on the personal information you provide. We delegated to me by the Administrator, P91 panel. the FAA amends 14 CFR part 39 as (iii) CB C1639, Fuel Auto S/O BST PUMP will also post a report summarizing each CTR TNK L AC, on the P6–3 panel. substantive verbal contact we receive follows: (3) Verify continuity between TB5060F in about this AD. terminal 5 and the bus side terminal of CB PART 39—AIRWORTHINESS C1639 in the P6–3 circuit breaker panel. Authority for This Rulemaking DIRECTIVES (4) Check that wire number W0040–6402– ■ 1. The authority citation for part 39 14 is installed in terminal 5 of TB5060F. Title 49 of the United States Code (5) If, during the action required by specifies the FAA’s authority to issue continues to read as follows: paragraph (f)(3) of this AD, there is no rules on aviation safety. Subtitle I, Authority: 49 U.S.C. 106(g), 40113, 44701. continuity; or if, during the check required Section 106, describes the authority of by paragraph (f)(4) of this AD, the wire is the FAA Administrator. Subtitle VII, § 39.13 [Amended] found not installed in TB5060F terminal 5: Aviation Programs, describes in more ■ 2. The FAA amends § 39.13 by adding Before further flight, trace wire W0040– detail the scope of the Agency’s the following new airworthiness 6402–14 from CB C1639 and re-terminate the authority. directive (AD): other end of the wire to TB5060F terminal 5. After re-terminating the wire, before further We are issuing this rulemaking under 2008–24–51 Boeing: Amendment 39–15781. flight, do the actions specified in paragraphs the authority described in Subtitle VII, Docket No. FAA–2008–1199; Directorate (f)(3) and (f)(4) of this AD. Part A, Subpart III, Section 44701, Identifier 2008–NM–207–AD. (6) Remove the tags and collars from the following circuit breakers and close the ‘‘General requirements.’’ Under that Effective Date section, Congress charges the FAA with circuit breakers. (a) This AD becomes effective March 2, (i) CB C3012, XFR BUS 2 SECT 2, on the promoting safe flight of civil aircraft in 2009, to all persons except those persons to P92 panel. air commerce by prescribing regulations whom it was made immediately effective by (ii) CB C3002, XFR BUS 1 SECT 2, on the for practices, methods, and procedures emergency AD 2008–24–51, issued on P91 panel. the Administrator finds necessary for November 18, 2008, which contained the (iii) CB C1639, Fuel Auto S/O BST PUMP safety in air commerce. This regulation requirements of this amendment. CTR TNK L AC, on the P6–3 panel. is within the scope of that authority Affected ADs (7) Supply electrical power to the airplane. (8) Verify the voltage at CB C1639 is 115 because it addresses an unsafe condition (b) None. ¥ that is likely to exist or develop on volts alternating current +/ 5 volts. Applicability (9) If the voltage is not within the limits products identified in this rulemaking specified in paragraph (f)(8) of this AD, action. (c) This AD applies to Boeing Model 737– 600, –700, –700C, –800, and –900 series before further flight, repeat the actions Regulatory Findings airplanes, certificated in any category; on required by paragraphs (f)(1) through (f)(8) of which Boeing Alert Service Bulletin 737– this AD. We have determined that this AD will 28A1206 has been accomplished. (10) Test the autoshutoff system as follows: not have federalism implications under (i) On P5–4 panel, switch Bus Transfer to Unsafe Condition OFF. Executive Order 13132. This AD will (ii) Using only one power source (auxiliary not have a substantial direct effect on (d) This AD results from a report of a failure of the left-hand fuel pump of the power unit (APU) or an engine generator), the States, on the relationship between center wing tank (CWT) to shut off after being power only AC Bus 1 with no power to AC the national government and the States, selected ‘‘OFF’’ by the flightcrew during Bus 2. or on the distribution of power and flight on a Boeing Model 737–700 series (iii) Do the ‘‘Center Tank Boost Pump Auto responsibilities among the various airplane. Subsequent to that report, the Shutoff Functional Test’’ in accordance with levels of government. failure was found on two additional paragraphs 9.A. through 9.G. of Task 28–22– airplanes. The failure condition results in 00–720–805 of the Boeing 737–600/700/800/ The FAA has determined that this continual running of the pump without 900 Aircraft Maintenance Manual, Document regulation is an emergency regulation indication to the flightcrew. We are issuing D633A101, Revision 37, dated October 15, that must be issued immediately to this AD to prevent extended dry-running of 2008. Accomplishment of paragraphs 9.H. correct an unsafe condition in aircraft, the fuel pump, which could lead to localized and 9.I. of the functional test should not be and that it is not a ‘‘significant overheating of parts inside the fuel pump, accomplished. regulatory action’’ under Executive and which could produce an ignition source (iv) If the autoshutoff test fails the test inside the fuel tank. required by paragraph (f)(10)(iii) of this AD: Order 12866. It has been determined Within 48 clock-hours after the effective date further that this action involves an Compliance of this AD, or before further flight, whichever emergency regulation under DOT (e) You are responsible for having the occurs later, do either paragraph (f)(10)(iv)(A) Regulatory Policies and Procedures (44 actions required by this AD performed within or (f)(10)(iv)(B) of this AD. FR 11034, February 26, 1979). If this the compliance times specified, unless the (A) Do all applicable maintenance actions emergency regulation is later deemed actions have already been done. in accordance with Chapter 28, Section 28– 22, of the Boeing 737–600/700/800/900 Fault significant under DOT Regulatory Test Policies and Procedures, we will Isolation Manual, Document D633A103, prepare a final regulatory evaluation (f) Within 48 clock-hours after the effective Revision 37, dated October 15, 2008, and date of this AD, or prior to further flight, repeat the action required by paragraph and place it in the AD Docket. See the whichever occurs later: Except as provided (f)(10)(iii) of this AD. ADDRESSES section for a location to by paragraphs (g) and (h) of this AD, do the (B) Deactivate the left-hand fuel pump of examine the regulatory evaluation, if autoshutoff system wiring test specified in the CWT as specified in paragraph (g) of this filed. paragraphs (f)(1) through (f)(10) of this AD. AD.

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Optional Deactivation/Reactivation Reporting Alternative Methods of Compliance (g) Deactivation of the left-hand fuel pump (i) Submit a report of the findings (both (AMOCs) of the CWT and operation in accordance with positive and negative) of the actions required (j)(1) The Manager, Seattle Aircraft Item 28–02, ‘Fuel Boost Pumps (Center by paragraph (f) of this AD to Boeing via e- Certification Office (ACO), FAA, ATTN: Tank), of the Federal Aviation mail at [email protected]; or via Samuel Spitzer, Aerospace Engineer, Administration Master Minimum Equipment fax at (206) 766–5682; at the applicable time Propulsion Branch, ANM–140S, FAA, Seattle List for Boeing 737 100/200/300/400/500/ specified in paragraph (i)(1) or (i)(2) of this Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98057– 600/700/800/900, Revision 52, dated April AD. The report must include: a description 3356; telephone (425) 917–6510; fax (425) 29, 2008, may be accomplished in lieu of the of the test failure; a description of the action 917–6590; has the authority to approve requirements of paragraph (f) of this AD until taken to correct the failure; the total number the left-hand fuel pump of the CWT is AMOCs for this AD, if requested using the of flight cycles/flight hours accumulated on procedures found in 14 CFR 39.19. reactivated. If the pump is deactivated, the airplane at the time of inspection; and the dispatch under this configuration is allowed (2) To request a different method of date of accomplishment of Boeing Alert compliance or a different compliance time for 10 days. For airplanes on which the left- Service Bulletin 737–28A1206 and total for this AD, follow the procedures in 14 CFR hand fuel pump of the CWT is deactivated number of flight hours/flight cycles 39.19. Before using any approved AMOC on under the provision of this paragraph: Prior accumulated on the airplane on the date of any airplane to which the AMOC applies, to further flight after reactivating the pump, accomplishment of that service bulletin. notify your appropriate principal inspector do the autoshutoff system wiring test and Under the provisions of the Paperwork (PI) in the FAA Flight Standards District applicable corrective actions specified in Reduction Act (44 U.S.C. 3501 et seq. ), the Office (FSDO), or lacking a PI, your local paragraphs (f)(1) through (f)(10) of this AD. Office of Management and Budget (OMB) has FSDO. Optional Installation approved the information collection Material Incorporated by Reference requirements contained in this AD and has (h) Accomplishing the installation of the (k) You must use the documents specified power failed ‘ON’ protection system (i.e., assigned OMB Control Number 2120–0056. in Table 1 of this AD, as applicable, to do the uncommanded pump ‘‘ON’’ protection (1) If the test is done after the effective date actions required by this AD, unless the AD system) for the center tank fuel boost pump of this AD: Submit the report within 10 days specifies otherwise. If you accomplish the in accordance with Boeing Alert Service after accomplishing the test. optional actions specified by this AD, you Bulletin 737–28A1248, dated December 21, (2) If the test was accomplished prior to the must use the documents specified in Table 2 2006; or Revision 1, dated January 9, 2008; effective date of this AD: Submit the report of this AD, as applicable, to do the optional terminates the autoshutoff system wiring test within 10 days after the effective date of this actions specified by this AD, unless the AD required by paragraphs (f) and (g) of this AD. AD. specifies otherwise.

TABLE 1—DOCUMENTS INCORPORATED BY REFERENCE FOR THE REQUIRED ACTIONS SPECIFIED IN THIS AD

Page Document Page title/description number(s) Revision level Date

Task 28–22–00–720–805 of the Boeing 737–600/ AMM Part II, Practices and Pro- None shown ... None noted* ... October 15, 2008. 700/800/900 Aircraft Maintenance Manual cedures Title Page. (AMM), Document. D633A101, Revision 37, dated October 15, 2008 ... AMM Part II, Practices and Pro- 1 ...... 37 ...... October 15, 2008. cedures Transmittal Letter. AMM Part II, Practices and Pro- 1–3 ...... None noted* ... October 15, 2008. cedures Effective Pages. AMM Chapter 28, 28-Effective 1–10 ...... None noted* ... October 15, 2008. Pages. Task 28–22–00–702–805 of 531–536 ...... None noted* ... February 15, 2008. AMM Section 28–22.

Chapter 28, Section 28–22, of the Boeing 737–600/ FIM Title Page ...... None shown ... None noted* ... October 15, 2008. 700/800/900 Fault Isolation Manual (FIM), Docu- ment D633A103, Revision 37, dated October 15, 2008. FIM Transmittal Letter ...... 1 ...... 37 ...... October 15, 2008. FIM Effective Pages ...... 1–3 ...... None noted* ... October 15, 2008. FIM Chapter 28 Effective Pages 1–2 ...... None noted* ... October 15, 2008. FIM Section 28–22 ...... 201–292 ...... None noted* ... February 15, 2008. (*Only the Transmittal Letters for Boeing 737–600/700/800/900 AMM, Document D633A101, Revision 37; and Boeing 737–600/700/800/900 FIM, Document D633A103, Revision 37; contain the revision level of these documents.)

TABLE 2—DOCUMENTS INCORPORATED BY REFERENCE FOR THE OPTIONAL ACTIONS SPECIFIED IN THIS AD

Page Document Page title/description number(s) Revision level Date

Boeing Alert Service Bulletin 737–28A1248, dated All ...... 1–115 ...... Original ...... December 21, 2006. December 21, 2006. Boeing Alert Service Bulletin 737–28A1248, Revi- All ...... 1–119 ...... 1 ...... January 9, 2008. sion 1, dated January 9, 2008. Department of Transportation, Federal Aviation Ad- MMEL Title Page ...... None shown ... 52 ...... April 29, 2008. ministration Master Minimum Equipment List (MMEL) for Boeing 737 100/200/300/400/500/ 600/700/800/900, Revision 52, dated April 29, 2008.

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TABLE 2—DOCUMENTS INCORPORATED BY REFERENCE FOR THE OPTIONAL ACTIONS SPECIFIED IN THIS AD—Continued

Page Document Page title/description number(s) Revision level Date

MMEL Contents ...... I ...... 52 ...... April 29, 2008. MMEL Item 28–02, ‘Fuel Boost 28–2, 28–3 ..... 52 ...... April 29, 2008. Pumps (Center Tank)’.

(1) The Director of the Federal Register ACTION: Final rule; request for www.regulations.gov; or in person at the approved the incorporation by reference of comments. Docket Management Facility between 9 this service information under 5 U.S.C. a.m. and 5 p.m., Monday through 552(a) and 1 CFR part 51. SUMMARY: We are adopting a new Friday, except Federal holidays. The AD (2) For Boeing service information airworthiness directive (AD) for the identified in this AD, contact Boeing docket contains this AD, the regulatory products listed above that will evaluation, any comments received, and Commercial Airplanes, Attention: Data & supersede an existing AD. This AD Services Management, P.O. Box 3707, MC other information. The street address for 2H–65, Seattle, Washington 98124–2207; results from mandatory continuing the Docket Office (telephone (800) 647– telephone 206–544–5000, extension 1; fax airworthiness information (MCAI) 5527) is in the ADDRESSES section. 206–766–5680; e-mail issued by the aviation authority of Comments will be available in the AD [email protected]; Internet https:// another country to identify and correct docket shortly after receipt. www.myboeingfleet.com. For the Federal an unsafe condition on an aviation FOR FURTHER INFORMATION CONTACT: Aviation Administration Master Minimum product. The MCAI describes the unsafe Doug Rudolph, Aerospace Engineer, 901 Equipment List for Boeing 737 100/200/300/ condition as: 400/500/600/700/800/900 specified in this Locust, Room 301, Kansas City, AD, contact the FAA, Flight Standards Inspection of a high time aircraft has Missouri 64106; telephone: (816) 329– Division, Seattle Aircraft Evaluation Group, revealed cracks in the Horizontal Stabiliser 4059; fax: (816) 329–4090. rear spar splice plate and inboard main ribs 1601 Lind Avenue, SW., Renton, Washington SUPPLEMENTARY INFORMATION: 98057. For information on the availability of around the area of the Horizontal Stabiliser this material at the FAA, call 425–917–6600 rear pivot attachment. Additionally, failure of Discussion or fax 425–917–6638. some attach bolts in service may be due to (3) You may review copies of the service improper assembly. On February 7, 2007, we issued AD information at the FAA, Transport Airplane This amendment is issued because the 2007–04–12, Amendment 39–14944 (72 Directorate, 1601 Lind Avenue, SW., Renton, requirement document now contains an FR 7578; February 16, 2007). That AD Washington. For information on the inspection for cracking in horizontal required actions intended to address an availability of this material at the FAA, call stabilisers which have load transferring unsafe condition on the products listed 425–227–1221 or 425–227–1152. fittings installed. above. (4) You may also review copies of the This AD requires actions that are Since we issued AD 2007–04–12, service information at the National Archives intended to address the unsafe Gippsland Aeronautics has updated the and Records Administration (NARA). For condition described in the MCAI. service information to include an information on the availability of this inspection for cracking in horizontal material at NARA, call 202–741–6030, or go DATES: This AD becomes effective to: http://www.archives.gov/federal_register/ March 2, 2009. stabilizers that have load transfer code_of_federal_regulations/ On March 2, 2009, the Director of the fittings installed. In addition, the ibr_locations.html. Federal Register approved the previous service information allowed spotfacing nut and bolt mating surfaces Issued in Renton, Washington, on incorporation by reference of certain December 18, 2008. publications listed in this AD. that were damaged or not square. The updated service information eliminated Stephen P. Boyd, We must receive comments on this AD by March 26, 2009. the spotfacing action and requires Assistant Manager, Transport Airplane replacement of parts if nut and bolt Directorate, Aircraft Certification Service. ADDRESSES: You may send comments by mating surfaces are damaged or not [FR Doc. E9–3823 Filed 2–23–09; 8:45 am] any of the following methods: • square. Since repair by spotfacing is no BILLING CODE 4910–13–P Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the longer acceptable, this AD also requires instructions for submitting comments. replacement of parts if previously DEPARTMENT OF TRANSPORTATION • Fax: (202) 493–2251. repaired by spotfacing. The Civil Aviation Safety Authority • Mail: U.S. Department of (CASA), which is the aviation authority Federal Aviation Administration Transportation, Docket Operations, M– for Australia, has issued AD/GA8/5, 30, West Building Ground Floor, Room Amdt 2, dated January 22, 2009 14 CFR Part 39 W12–140, 1200 New Jersey Avenue, SE., (referred to after this as ‘‘the MCAI’’), to Washington, DC 20590. correct an unsafe condition for the [Docket No. FAA–2009–0155; Directorate • Hand Delivery: U.S. Department of specified products. The MCAI states: Identifier 2009–CE–007–AD; Amendment Transportation, Docket Operations, M– 39–15825; AD 2009–05–01] 30, West Building Ground Floor, Room Inspection of a high time aircraft has W12–140, 1200 New Jersey Avenue, SE., revealed cracks in the Horizontal Stabiliser RIN 2120–AA64 Washington, DC 20590, between 9 a.m. rear spar splice plate and inboard main ribs around the area of the Horizontal Stabiliser Airworthiness Directives; Gippsland and 5 p.m., Monday through Friday, rear pivot attachment. Additionally, failure of Aeronautics Pty. Ltd. Model GA8 except Federal holidays. some attach bolts in service may be due to Airplanes Examining the AD Docket improper assembly. This amendment is issued because the AGENCY: Federal Aviation You may examine the AD docket on requirement document now contains an Administration (FAA), DOT. the Internet at http:// inspection for cracking in horizontal

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stabilisers which have load transferring for making this amendment effective in (2) Is not a ‘‘significant rule’’ under fittings installed. fewer than 30 days. DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and You may obtain further information Comments Invited by examining the MCAI in the AD (3) Will not have a significant This AD is a final rule that involves docket. economic impact, positive or negative, requirements affecting flight safety, and on a substantial number of small entities Relevant Service Information we did not precede it by notice and under the criteria of the Regulatory Gippsland Aeronautics has issued opportunity for public comment. We Flexibility Act. Mandatory Service Bulletin SB-GA8– invite you to send any written relevant We prepared a regulatory evaluation 2002–02, Issue 5, dated November 13, data, views, or arguments about this AD. of the estimated costs to comply with 2008. The actions described in this Send your comments to an address this AD and placed it in the AD docket. listed under the ADDRESSES section. service information are intended to List of Subjects in 14 CFR Part 39 correct the unsafe condition identified Include ‘‘Docket No. FAA–2009–0155; in the MCAI. Directorate Identifier 2009–CE–007– Air transportation, Aircraft, Aviation AD’’ at the beginning of your comments. safety, Incorporation by reference, FAA’s Determination and Requirements We specifically invite comments on the Safety. of the AD overall regulatory, economic, Adoption of the Amendment This product has been approved by environmental, and energy aspects of the aviation authority of another this AD. We will consider all comments ■ Accordingly, under the authority country, and is approved for operation received by the closing date and may delegated to me by the Administrator, in the United States. Pursuant to our amend this AD because of those the FAA amends 14 CFR part 39 as bilateral agreement with this State of comments. follows: We will post all comments we Design Authority, they have notified us receive, without change, to http:// of the unsafe condition described in the PART 39—AIRWORTHINESS www.regulations.gov, including any MCAI and service information DIRECTIVES personal information you provide. We referenced above. We are issuing this will also post a report summarizing each ■ 1. The authority citation for part 39 AD because we evaluated all substantive verbal contact we receive continues to read as follows: information provided by the State of about this AD. Design Authority and determined the Authority: 49 U.S.C. 106(g), 40113, 44701. unsafe condition exists and is likely to Authority for This Rulemaking § 39.13 [Amended] exist or develop on other products of the Title 49 of the United States Code ■ same type design. 2. The FAA amends § 39.13 by specifies the FAA’s authority to issue removing Amendment 39–14944 (72 FR Differences Between This AD and the rules on aviation safety. Subtitle I, 7578; February 16, 2007), and adding MCAI or Service Information section 106, describes the authority of the following new AD: the FAA Administrator. ‘‘Subtitle VII: We have reviewed the MCAI and 2009–05–01 Gippsland Aeronautics Pty. Aviation Programs,’’ describes in more Ltd.: Amendment 39–15825; Docket No. related service information and, in detail the scope of the Agency’s general, agree with their substance. But FAA–2009–0155; Directorate Identifier authority. 2009–CE–007–AD. we might have found it necessary to use We are issuing this rulemaking under different words from those in the MCAI the authority described in ‘‘Subtitle VII, Effective Date to ensure the AD is clear for U.S. Part A, Subpart III, Section 44701: (a) This airworthiness directive (AD) operators and is enforceable. In making General requirements.’’ Under that becomes effective March 2, 2009. these changes, we do not intend to differ section, Congress charges the FAA with Affected ADs substantively from the information promoting safe flight of civil aircraft in provided in the MCAI and related (b) This AD supersedes AD 2007–04–12; air commerce by prescribing regulations Amendment 39–14944. service information. for practices, methods, and procedures We might have also required different the Administrator finds necessary for Applicability actions in this AD from those in the safety in air commerce. This regulation (c) This AD applies to Model GA8 MCAI in order to follow FAA policies. is within the scope of that authority airplanes, serial numbers GA8–00–004 and Any such differences are described in a because it addresses an unsafe condition up, certificated in any category. separate paragraph of the AD. These that is likely to exist or develop on Subject requirements take precedence over products identified in this rulemaking those copied from the MCAI. (d) Air Transport Association of America action. (ATA) Code 55: Stabilizers. FAA’s Determination of the Effective Regulatory Findings Reason Date We determined that this AD will not (e) The mandatory continuing An unsafe condition exists that have federalism implications under airworthiness information (MCAI) states: requires the immediate adoption of this Executive Order 13132. This AD will Inspection of a high time aircraft has AD. The FAA has found that the risk to not have a substantial direct effect on revealed cracks in the Horizontal Stabiliser the flying public justifies waiving notice the States, on the relationship between rear spar splice plate and inboard main ribs and comment prior to adoption of this the national government and the States, around the area of the Horizontal Stabiliser rule because of potential cracking of the or on the distribution of power and rear pivot attachment. Additionally, failure of horizontal stabilizer structure, which some attach bolts in service may be due to responsibilities among the various improper assembly. could lead to failure of the tailplane levels of government. This amendment is issued because the assembly. Therefore, we determined For the reasons discussed above, I requirement document now contains an that notice and opportunity for public certify that this AD: inspection for cracking in horizontal comment before issuing this AD are (1) Is not a ‘‘significant regulatory stabilisers which have load transferring impracticable and that good cause exists action’’ under Executive Order 12866; fittings installed.

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Actions and Compliance and we are requiring these within 10 hours the actions required by this AD, unless the (f) Unless already done, do the following TIS after the effective date of this AD. AD specifies otherwise. actions. (2) ‘‘Requirement: 2. External Inspection (1) The Director of the Federal Register (1) Within the next 10 hours time-in- (Lower flange, Stabilizer rear spar)’’ of the approved the incorporation by reference of service (TIS) after March 2, 2009 (the service information does not specify any this service information under 5 U.S.C. effective date of this AD): action if excessive local deflection or 552(a) and 1 CFR part 51. (i) For all aircraft not incorporating movement of lower skin, cracking, or (2) For service information identified in computer numeric control (CNC) machined working (loose) rivet is found. We require this AD, contact Gippsland Aeronautics, elevator hinges, inspect and repair the left obtaining and incorporating an FAA- Attn: Technical Services, P.O. Box 881, and right horizontal stabilizer rear pivot approved repair scheme from the Morwell Victoria 3840, Australia; telephone: attachment installation following instruction manufacturer before further flight. +61 03 5172 1200; fax: +61 03 5172 1201; ‘‘3. Rear Pivot Attachment Inspection,’’ of (3) The MCAI does not state if further flight Internet: http://www.gippsaero.com. Gippsland Aeronautics Mandatory Service with known cracks is allowed. FAA policy is (3) You may review copies of the service Bulletin SB–GA8–2002–02, Issue 5, dated to not allow further flight with known cracks information incorporated by reference for November 13, 2008; and, in critical structure. We require that if any this AD at the FAA, Central Region, Office of (ii) For all aircraft, inspect the left and right cracks are found when accomplishing the the Regional Counsel, 901 Locust, Kansas rear attach bolt mating surfaces for damage or inspection required in paragraph (f)(2) of this City, Missouri 64106. For information on the an out of square condition and replace the AD, you must repair the cracks before further availability of this material at the Central left and right rear attach bolts following flight. Region, call (816) 329–3768. instruction ‘‘5. Rear Attach Bolt (4) The service information does not state (4) You may also review copies of the Replacement,’’ of Gippsland Aeronautics that parts with spotfaced nut and bolt mating service information incorporated by reference Mandatory Service Bulletin SB–GA8–2002– surfaces require replacement. However, the for this AD at the National Archives and 02, Issue 5, dated November 13, 2008. service information no longer allows Records Administration (NARA). For Reworking the mating surfaces by spotfacing reworking of the mating surfaces by information on the availability of this is no longer acceptable. If the mating surfaces spotfacing. We require that if any nut and material at NARA, call (202) 741–6030, or go are damaged, not square, or were previously bolt surfaces were previously reworked by to: http://www.archives.gov/federal_register/ reworked by spotfacing the surface, replace spotfacing, you must replace the parts. code_of_federal_regulations/ the parts as specified in Gippsland ibr_locations.html. Other FAA AD Provisions Aeronautics Mandatory Service Bulletin SB– Issued in Kansas City, Missouri on GA8–2002–02, Issue 5, dated November 13, (f) The following provisions also apply to February 17, 2009. 2008. this AD: (2) Within the next 10 hours TIS after (1) Alternative Methods of Compliance Kim Smith, March 2, 2009 (the effective date of this AD) (AMOCs): The Manager, Standards Office, Manager, Small Airplane Directorate, Aircraft and repetitively thereafter at intervals not to FAA, has the authority to approve AMOCs Certification Service. exceed 100 hours TIS or 12 months, for this AD, if requested using the procedures [FR Doc. E9–3758 Filed 2–23–09; 8:45 am] whichever occurs first, for all aircraft: found in 14 CFR 39.19. Send information to BILLING CODE 4910–13–P (i) Inspect the horizontal stabilizer ATTN: Doug Rudolph, Aerospace Engineer, externally following instruction ‘‘2. External FAA, Small Airplane Directorate, 901 Locust, Inspection (Lower flange, Stabilizer rear Room 301, Kansas City, Missouri 64106; DEPARTMENT OF TRANSPORTATION spar),’’ of Gippsland Aeronautics Mandatory telephone: (816) 329–4059; fax: (816) 329– Service Bulletin SB–GA8–2002–02, Issue 5, 4090. Before using any approved AMOC on Federal Aviation Administration dated November 13, 2008; and any airplane to which the AMOC applies, (ii) Inspect the horizontal stabilizer notify your appropriate principal inspector internally following instruction ‘‘4. Internal (PI) in the FAA Flight Standards District 14 CFR Part 39 Inspection,’’ of Gippsland Aeronautics Office (FSDO), or lacking a PI, your local [Docket No. FAA–2007–28413; Directorate Mandatory Service Bulletin SB–GA8–2002– FSDO. Identifier 2007–NE–25–AD; Amendment 39– 02, Issue 5, dated November 13, 2008. (2) Airworthy Product: For any requirement 15826; AD 2009–05–02] (3) Before further flight, if during the in this AD to obtain corrective actions from inspection required by paragraph (f)(2) of this a manufacturer or other source, use these RIN 2120–AA64 AD any excessive local deflection or actions if they are FAA-approved. Corrective movement of the lower skin surrounding the actions are considered FAA-approved if they Airworthiness Directives; General lower pivot attachment, cracking, or working are approved by the State of Design Authority Electric Company CF6–80C2 and CF6– (loose) rivet is found, obtain an FAA- (or their delegated agent). You are required 80E1 Series Turbofan Engines approved repair scheme from the to assure the product is airworthy before it manufacturer and incorporate this repair is returned to service. AGENCY: Federal Aviation scheme. Due to FAA policy, the repair (3) Reporting Requirements: For any Administration (FAA), Department of scheme for crack damage must include an reporting requirement in this AD, under the Transportation (DOT). immediate repair of the crack, not a repetitive provisions of the Paperwork Reduction Act ACTION: Final rule. inspection. Continued operational flight with (44 U.S.C. 3501 et seq.), the Office of unrepaired crack damage is not permitted. Management and Budget (OMB) has SUMMARY: The FAA is adopting a new FAA AD Differences approved the information collection airworthiness directive (AD) for General requirements and has assigned OMB Control Electric Company (GE) CF6–80C2 and Note: This AD differs from the MCAI and/ Number 2120–0056. or service information as follows: CF6–80E1 series turbofan engines with (1) ‘‘Requirement: 1. Daily Inspection Related Information fuel manifolds part numbers (P/Ns) (Stabilizer attach bolt)’’ of the service (g) Refer to MCAI Civil Aviation Safety 1303M31G12 and 1303M32G12, information requires a daily inspection of the Authority AD No. AD/GA8/5, Amdt 2, dated installed in drainless fuel manifold stabilizer attach bolt. The daily inspection is January 22, 2009; and Gippsland Aeronautics assemblies (introduced by GE Aircraft not a requirement of this AD. Instead of the Mandatory Service Bulletin SB–GA8–2002– Engines (GEAE) Service Bulletins (SB) daily inspection, we require you to perform, 02, Issue 5, dated November 13, 2008, for CF6–80C2 S/B 73–0253 and CF6–80E1 within 10 hours TIS, ‘‘Requirement 3. Rear related information. Pivot Attachment Inspection’’ and S/B 73–0026). This AD requires ‘‘Requirement 5. Rear Attachment Bolt Material Incorporated by Reference removing the loop clamps that hold the Replacement’’ of the service information. (h) You must use Gippsland Aeronautics fuel manifold to the compressor rear Compliance with requirement 3. and 5. is a Mandatory Service Bulletin SB–GA8–2002– frame (CRF) damper brackets, inspecting terminating action for the daily inspection, 02, Issue 5, dated November 13, 2008, to do the fuel manifold for wear at each clamp

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location, and replacing the clamps with (800) 647–5527) is provided in the Comment That Clamp Wear Is Also new, zero-time parts. This AD also ADDRESSES section. Comments will be Applicable to Drained Fuel Manifold requires revising the Airworthiness available in the AD docket shortly after Assemblies Limitations Section (ALS) of the receipt. Air New Zealand Ltd and KLM Royal Instructions for Continued Comments Dutch Airlines comment that the clamp Airworthiness (ICA) and air carrier’s wear problem is also applicable to fuel Continuous Airworthiness Maintenance We provided the public the manifolds P/N 1303M31G10 and P/N Programs (CAMP) to require repetitive opportunity to participate in the 1303M32G10 installed in the drained fuel manifold inspection and loop fuel manifold assembly, pre-SB CF6– clamp replacement. This AD results development of this AD. We have considered the comments received. 80C2 S/B 73–0253 configuration. from reports of fuel leaks during engine We do not agree. We are aware of only operation. We are issuing this AD to Request To Clarify Inspection one leak found from loop clamp wear on prevent fuel leaks that could result in an Requirements a drained fuel manifold assembly, under-cowl fire and damage to the which was on a CF6–80C2 series airplane. GE and two air carriers request that turbofan engine. Considering the service DATES: This AD becomes effective we clarify that the AD inspection history of the drained fuel manifold March 31, 2009. requirements are specific to the assembly, a mandatory inspection is not ADDRESSES: The Docket Operations drainless fuel manifold configuration, warranted at this time. We did not office is located at Docket Management which was introduced by GEAE SB change the AD. CF6–80C2 S/B 73–0253 (–80C2) and SB Facility, U.S. Department of Request To Apply the Re-Inspection Transportation, 1200 New Jersey CF6–80E1 S/B 73–0026 (–80E1). Interval to Engines That Have Had Avenue, SE., West Building Ground We agree. We changed the AD to New, Zero-Time Loop Clamps Installed Floor, Room W12–140, Washington, DC clarify the applicability and inspection On-Wing 20590–0001. requirements. Air New Zealand Ltd and KLM Royal FOR FURTHER INFORMATION CONTACT: Dutch Airlines note that the proposed Robert Green, Aerospace Engineer, Request for a Phase-in Period AD requires a 7,500 flight-hour re- Engine Certification Office, FAA, Engine FedEx Express requests that we add a inspection interval for first-run engines and Propeller Directorate, 12 New and engines that have new, zero-time England Executive Park, Burlington, MA phase-in period for engines that might loop clamps installed at last shop visit. 01803; e-mail: [email protected]; not have been part of a repetitive The commenters request that we apply telephone (781) 238–7754; fax (781) inspection program before the effective the same re-inspection interval to 238–7199. date of the AD. The commenter states that these engines would immediately engines that have had new, zero-time SUPPLEMENTARY INFORMATION: The FAA loop clamps installed on-wing. Air New proposed to amend 14 CFR part 39 with fall out of compliance with the AD if they exceed the 7,500 flight-hour time- Zealand states that they have been a proposed AD. The proposed AD replacing loop clamps with new, zero- applies to GE CF6–80C2 and CF6–80E1 since-new (TSN) threshold for new, zero-time loop clamps, assuming the time loop clamps when they perform series turbofan engines with fuel on-wing inspections of the fuel loop clamps were installed at the last manifolds P/Ns 1303M31G12 and manifolds. 1303M32G12 installed in drainless fuel shop visit. The commenter states that We agree. We changed the AD to manifold assemblies. These drainless their fleet is almost entirely configured include on-wing replacement of loop fuel manifold assemblies were with drained manifold assemblies. They clamps. introduced by GEAE SBs CF6–80C2 S/ have not experienced any significant B 73–0253 and CF6–80E1 S/B 73–0026. wear, and likely will have several Request for Credit for Installing Loop We published the proposed AD in the engines exceeding the specified flight- Clamps On-Wing Federal Register on September 7, 2007 hour life limit in the AD. All Nippon Airways requests that the (72 FR 51388). That action proposed to We partially agree. As we stated in the AD initial inspection state that the 7,500 require removing and discarding the first comment response, this AD applies re-inspection interval for first-run loop clamps that assemble the fuel only to drainless manifold assemblies, engines or engines that have had new, manifolds to the CRF damper brackets, zero-time loop clamps previously so that portion of FedEx’s comment is inspecting the fuel manifolds for wear at installed, apply regardless of previous not relevant to this AD. The need for a each clamp location, and replacing the inspection per GEAE SB CF6–80C2 S/B phase-in period is valid. We received clamps. That action also proposed to 73–0326 or SB CF6–80E1 S/B 73–0061. require revising the ICA ALS and air another comment on that point and we The commenter points out that the carrier’s CAMP to require repetitive fuel changed the AD to accommodate the proposed AD does not recognize that manifold inspection and loop clamp concerns. That discussion follows operators were replacing the loop replacement during each inspection. below. clamps on-wing. We agree. We changed the AD to Examining the AD Docket Incorrect Service Bulletin Reference clarify that the re-inspection You may examine the AD docket on GE, the Air Transport Association, requirement is not preempted by the Internet at http:// Boeing Commercial Airplanes, and compliance with existing SB inspection www.regulations.gov; or in person at the seven carriers point out that the recommendations. Docket Operations office between 9 a.m. proposed AD incorrectly referenced SB Request To Consider Using Room and 5 p.m., Monday through Friday, GEAE CF6–80C2 S/B 73–0226, for the except Federal holidays. The AD docket Temperature Vulcanizing (RTV) Rubber manifold inspection. The appropriate contains this AD, the regulatory Compound SB is CF6–80C2 S/B 73–0326. evaluation, any comments received, and Air India requests that we consider other information. The street address for We agree. We changed the reference allowing the use of red, room- the Docket Operations office (telephone in the AD. temperature vulcanizing (RTV) rubber

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compound (Specification A15F6B6; and fuel manifold, unless wear is with less time than the proposed AD RTV 106; MIL–846106), between the observed on the tape. GEAE SB CF6– inspection compliance interval of 7,500 loop clamps and fuel manifold when the 80C2 S/B 73–0326, dated March 5, 2003, FH. We did not change the AD. loop clamps are replaced with new, introduced the option of installing Request To Specify Flight Hours Time- zero-time parts at inspection. Air India fiberglass tape on CF6–80C2 series Since-Last-Inspection or Flight Hours states that they have applied RTV engines. Lufthansa Technik AG states Time-Since-Last-Shop Visit rubber compound on the inner diameter that if there is no wear found on the of loop clamps where they have tape, then there will be no wear on the Japan Airlines International requests observed wear on other engine tubing. fuel manifold. Removing and replacing that for clarification, the initial GE previously recommended using RTV all tape at the time of inspection will inspection schedule should specify FH rubber compound on the low-pressure add additional unnecessary work-hours time-since-last-inspection or FH time- turbine cooling manifolds, and Air India to the inspection. since-last-shop visit as of the issue date now uses it at other locations. We do not agree. As noted earlier, the of the AD. We do not agree. We have no data or tape may contribute to the wear, and GE We partially agree. The initial experience to justify use of RTV rubber no longer recommends fiberglass tape inspection schedule is defined relative compound in this application. We did for this application. GE’s comment was to the last inspection or replacement of not change the AD. in anticipation of a future design change the loop clamps with new clamps. with Teflon tape between the loop However, for those engines that exceed Recommendation To Use Fiberglass clamps and fuel manifolds. We did not the 1,750 and 4,500 FH thresholds, the Tape change the AD. determination is made as of the effective The Air Transport Association and date of the AD. We changed the AD to Request That the AD Recognize the Use American Airlines recommend that we clarify this. of Teflon Tape revise the proposed AD to allow the Request To Offset the Initial Inspection optional use of fiberglass tape on the GE Aviation and five air carriers Schedule fuel manifolds under the loop clamps. request that the AD recognize the use of The commenters state that using the Teflon tape between new, zero-time Japan Airlines International requests tape will eliminate the wear and reduce loop clamps and fuel manifolds. The that we offset the initial inspection the effects of vibration by improving the commenters request that we allow these schedule to accommodate the fit of the clamps on the fuel manifolds. engines to continue in service until the scheduling of maintenance. American Airlines states that they have next inspection, without limit or We do not agree. The time for been installing the fiberglass tape on penalty. The air carriers state that they scheduling maintenance varies among their fuel manifolds at the time of have already been installing Teflon tape operators. Defining a generic inspection inspection and loop clamp replacement between new, zero-time loop clamps threshold to accommodate this variation since the beginning of their program. and fuel manifolds. would introduce risk that the inspection They believe the tape is essential to We do not agree. We have no data or schedule would be ambiguous. We did preventing fuel manifold wear. experience to make a determination for not change the AD. reducing or extending the inspection We do not agree. We reviewed the Propose an Additional Inspection and loop clamp replacement intervals data GE provided and concluded that Category using fiberglass tape may contribute to because of installing Teflon tape the fuel manifold wear. GE has also between the loop clamps and fuel Japan Airlines International proposes stated that they no longer recommend manifolds. GE has certified new fuel an additional inspection category for fiberglass tape for this application. We manifolds with PTFE tape installed at operators inspecting the manifolds at did not change the AD. the loop clamp locations. These parts intervals longer than the GE- have the same inspection and loop recommended 4,500 FH interval. The Request for a Unique Compliance clamp replacement requirements as the commenter proposes that in these cases, Recommendation and Re-Inspection original parts. We did not change this operators would initially replace the Interval AD. loop clamps and inspect the fuel Lufthansa Technik AG and a private manifolds using their existing Request for Clarification of Compliance citizen request a unique compliance inspection schedule or within 4 months, Inspection Schedule recommendation and re-inspection whichever occurs first. The commenter interval for engines that had been Lufthansa Technik AG and Virgin states that they currently inspect previously inspected and or Atlantic Airways request that we clarify affected fuel manifolds at 6,000 FH reassembled with new, zero-time loop whether a poorly fitting loop clamp, intervals, and based on the wording in clamps, with fiberglass tape between the with or without tape, would the proposed AD, engines would be loop clamps and fuel manifolds. compromise the compliance inspection immediately in violation of the Lufthansa Technik AG states that they schedule in the AD. inspection requirements once the AD is have observed less wear when using the We respond that it would not effective. fiberglass tape. compromise the compliance inspection We partially agree. The commenter We do not agree. As previously noted, schedule in the AD. We concluded that points out the need to include a GE has stated that they no longer replacing the loop clamps every 7,500 transitional period for operators who are recommend fiberglass tape for this flight-hours (FH) was appropriate based inspecting the fuel manifolds at application. We did not change the AD. on a GE Weibull analysis of the engine intervals longer than the earlier GE fleet, the first five fuel leak failures, and inspection SB recommendation, which Request To Not Remove Fiberglass the accrued operation of 1,289 engines is engines operating with more than Tape that had no leaks. The data was from 4,500 FH time-since-last-inspection or Lufthansa Technik AG and GE first-run engines, which encompasses time-since-last-shop visit. We changed Aviation request that we revise the fuel typical production loop clamp stack-up the AD to include a four-month manifold inspection to not require variations without tape. None of the transition period, to bring these engines removal of tape between the loop clamp subsequent leaks and failures occurred into compliance.

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Request To Permit Alternate Methods of Question on Why the Compliance Time between the worn loop clamps and fuel Measuring Is Extended manifolds can result in fuel manifold Japan Airlines International and GE KLM Royal Dutch Airlines questions wear with loop clamps that appear Aviation request that we permit why the proposed AD extends the 1,750 serviceable. alternate methods of measuring the FH TSLI compliance time to 4,500 FH We partially agree. The deterioration depth of wear in fuel manifolds, such as TSLI or 4 months after the effective date of the loop clamp and possible ultrasonic wall thickness measurement. of the AD, for engines with used clamps accumulation of dirt and debris between The commenters note that the proposed or clamps of unknown heritage that the loop clamp cushion and fuel AD requires using a pinpoint have already accumulated more than manifold might contribute to fuel micrometer to measure depth of wear. 1,750 FH. The commenter is concerned manifold wear, but if so, it is a Because of limited access at the top of that this 4-month compliance period secondary factor. The root cause of the the installed engine, the commenter will increase the probability of a fuel fuel manifold wear is fuel manifold states it is not possible to use a pinpoint manifold leak event. vibration during engine operation. We micrometer. We do not agree. The proposed did not change the AD. inspection and loop clamp replacement We partially agree. GE does not have Request To Consider the Probability of schedule for engines that already exceed a procedure for ultrasonic inspections of an Under-Cowl Fire the fuel manifolds for depth of wear. the 1,750 FH threshold is an effort to However, we agree that equivalent transition the engine fleet to new loop GE Aviation requests that we consider measuring techniques are acceptable. clamps within a reasonable period of a longer inspection/replacement We eliminated the requirement to use a time. This will be achieved either interval, and requests that we consider pinpoint micrometer. through the original GE-recommended the probability of an under-cowl engine 4,500 FH schedule or within 4 months, fire if we use 4,500 flight-hours instead. Request for Clarification of the Use of whichever comes first. We did not GE Aviation requests that we consider Part Manufacturer Approval (PMA) change the AD. an intermediate compliance time that is Loop Clamps Question on GE’s Risk Assessment supportable by industry if the 4,500 FH Japan Airlines International requests does not sufficiently reduce the risk of KLM Royal Dutch Airlines questions clarification on the use of PMA loop an under-cowl fire. GE states that our why we disregarded GE’s risk clamps. The commenter asks if the proposed 1,750 FH TSLI interval will assessment that justified the 4,500 FH proposed AD also applies to PMA loop reduce the average time between inspection interval. inspections from 15 months to less than clamps, part number VL1039GE2–10. We did because GE’s risk assessment Yes, the AD applies to PMA loop 6 months, and increase the number of predicted fuel manifold leak events engines that will need to be inspected clamps. They are also susceptible to within the 4,500 FH inspection deteriorating and causing fuel leaks. We per week during the transition by a intervals. As previously noted, the factor of 2.5. This will severely burden changed the AD to include a reference leaking fuel could ignite resulting in an to PMA loop clamps. industry’s maintenance capacity. GE under-cowl fire and damage to the also states that the additional work Question on Compliance Time Selection airplane, which is unacceptable. required to bring engines that already KLM Royal Dutch Airlines questions Recommendation That We Eliminate exceed the 1,750 FH into compliance, the selection of the proposed AD Revising the Air Carrier’s Approved during the 4-month grace period, will compliance time of 1,750 FH time-since- CAMP and ALS of Chapter 5 make the burden worse. last-inspection (TSLI). The commenter The Air Transport Association and We partially agree. The commenter asks why we did not base the U.S. Airways recommend that we did not consider first-run engines or compliance recommendation on the eliminate the requirement to revise the engines that have already had new, low-time TSLI fuel manifold leak event air carrier’s approved CAMP and ALS of zero-time loop clamps installed during for an engine with used loop clamps, Chapter 5 in the CF6–80C2 and CF6– either last shop visit or an earlier in- which is 350 FH. The commenter also 80E1 Instructions for Continued service inspection. We also note that asks why we did not use the next Airworthiness (ICA) from the proposed despite the GE 4,500 FH TSLI SB lowest-time fuel manifold leak event, AD. The commenters state that GE has recommendation, one fuel leak event which is 2,000 FH TSLI. The commenter indicated it is developing new-design occurred in 2005, four occurred in 2006, cites data presented by GE at the CF6 fuel manifolds to eliminate the and six fuel leak events occurred in Technical Symposium on May 9 repetitive maintenance required by this 2007. Nine of these 11 events occurred through May 10, 2007. AD. within the recommended 4,500 FH We do not agree. Since 2005, the fuel We do not agree. The AD requires GE interval. We agree that the lack of a manifold leak failure rate has increased. to revise the ALS of the ICAs, and air calendar compliance period with the There were four leak events in 2006, six carriers to revise their CAMP, to specify 1,750 FH threshold could result in an in 2007, and six to date in 2008. the repetitive inspections and loop immediate maintenance scheduling Thirteen of the events are known to clamp replacements for the drainless problem and we changed the AD to have occurred before the GE- fuel manifold assemblies with fuel include the 4-month compliance period recommended 4,500 FH re-inspection manifold P/N 1303M31G12 and P/N with the 1,750 FH threshold to facilitate interval. The average TSLI for the 1303M32G12. The AD would not be the transition. thirteen failures is 2,250 FH. The 350 applicable to a new design. We did not Request To Revise Costs of Compliance FH leak is a low-time event relative to change the AD. the other failures and is believed to be Japan Airlines International and GE unique. The 1,750 FH TSLI compliance Request To Change the Proposed AD Aviation request that we revise the requirement was based on the next- Discussion Costs of Compliance. GE Aviation lowest TSLI leak event at the time, GE Aviation requests that we change estimates that 2 work-hours are required which was after the GE CF6 Technical the proposed AD Discussion to state that to inspect the loop clamps and fuel Symposium. We did not change the AD. abrasive dirt and debris collecting manifolds. Japan Airlines estimates that

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based on their experience, 8 work-hours products identified in this rulemaking Effective Date are required for the inspections. action. (a) This airworthiness directive (AD) becomes effective March 31, 2009. We do not agree. In recognizing the Regulatory Findings possible work-hour variations from Affected ADs operator to operator, we believe that 4 We have determined that this AD will (b) None. work-hours is a valid average. We did not have federalism implications under not change the AD. Executive Order 13132. This AD will Applicability not have a substantial direct effect on Conclusion (c) This AD applies to: the States, on the relationship between (1) General Electric (GE) CF6–80C2A1, We have carefully reviewed the the national government and the States, –80C2A2, –80C2A3, –80C2A5, –80C2A8, available data, including the comments or on the distribution of power and –80C2A5F, –80C2B1, –80C2B2, –80C2B4, received, and determined that air safety responsibilities among the various –80C2B6, –80C2B1F, –80C2B1F1, levels of government. –80C2B1F2, –80C2B2F, –80C2B3F, and the public interest require adopting –80C2B4F, –80C2B5F, –80C2B6F, the AD with the changes described For the reasons discussed above, I –80C2B6FA, –80C2B7F, –80C2B8F, previously. We have determined that certify that this AD: –80C2D1F, –80C2L1F, –80C2K1F turbofan these changes will neither increase the (1) Is not a ‘‘significant regulatory engine models with fuel manifold part economic burden on any operator nor action’’ under Executive Order 12866; numbers (P/Ns) 1303M31G12 and increase the scope of the AD. (2) Is not a ‘‘significant rule’’ under 1303M32G12, installed in drainless fuel DOT Regulatory Policies and Procedures manifold assemblies (introduced by GE Costs of Compliance (44 FR 11034, February 26, 1979); and Aircraft Engines (GEAE) Service Bulletin (SB) CF6–80C2 S/B 73–0253). These engines are We estimate that this AD will affect (3) Will not have a significant installed on, but not limited to, Boeing 747, 350 CF6–80C2 series turbofan engines economic impact, positive or negative, 767, MD11, and Airbus A300–600 and A310 installed on airplanes of U.S. registry. on a substantial number of small entities airplanes. We also estimate that it will take about under the criteria of the Regulatory (2) This AD also applies to GE CF6– 4 work-hours per engine to perform the Flexibility Act. 80E1A1, –80E1A2, –80E1A3, –80E1A4, actions, and that the average labor rate We prepared a summary of the costs –80E1A4/B turbofan engine models with fuel is $80 per work-hour. Required parts to comply with this AD and placed it in manifold P/Ns 1303M31G12 and will cost about $162 per engine. Based the AD Docket. You may get a copy of 1303M32G12, installed in drainless fuel on these figures, we estimate the total manifold assemblies (introduced by GEAE SB this summary at the address listed CF6–80E1 S/B 73–0026). These engines are cost of the AD to U.S. operators for a under ADDRESSES. installed on Airbus A330 airplanes. once-through-the-fleet manifold visual inspection and loop clamp replacement List of Subjects in 14 CFR Part 39 Unsafe Condition to be $168,700. Air transportation, Aircraft, Aviation (d) This AD results from reports of fuel safety, Safety. leaks during engine operation. We are issuing Authority for This Rulemaking this AD to prevent fuel leaks that could result Title 49 of the United States Code Adoption of the Amendment in an under-cowl fire and damage to the airplane. specifies the FAA’s authority to issue ■ Accordingly, under the authority rules on aviation safety. Subtitle I, delegated to me by the Administrator, Compliance Section 106, describes the authority of the Federal Aviation Administration (e) You are responsible for having the the FAA Administrator. Subtitle VII, amends 14 CFR part 39 as follows: actions required by this AD performed within Aviation Programs, describes in more the compliance times specified unless the detail the scope of the Agency’s PART 39—AIRWORTHINESS actions have already been done. authority. DIRECTIVES Removal and Replacement of Loop Clamps We are issuing this rulemaking under and Fuel Manifold Inspection Compliance ■ the authority described in Subtitle VII, 1. The authority citation for part 39 Times continues to read as follows: Part A, Subpart III, Section 44701, (f) Using Table 1 of this AD, Schedule for ‘‘General requirements.’’ Under that Authority: 49 U.S.C. 106(g), 40113, 44701. Inspections and Replacements, accomplish section, Congress charges the FAA with the following actions in the intervals § 39.13 [Amended] promoting safe flight of civil aircraft in indicated in the table: remove and discard all air commerce by prescribing regulations ■ 2. The FAA amends § 39.13 by adding loop clamps, P/N J1220G10, or part for practices, methods, and procedures the following new airworthiness manufacturer approval (PMA) equivalent, that hold the fuel manifold to the compressor the Administrator finds necessary for directive: rear frame (CRF) friction damper brackets. safety in air commerce. This regulation 2009–05–02 General Electric Company: Inspect the fuel manifold for wear at each is within the scope of that authority Amendment 39–15826. Docket No. clamp location as specified in paragraphs (g) because it addresses an unsafe condition FAA–2007–28413; Directorate Identifier and (h) of this AD. Replace the discarded that is likely to exist or develop on 2007–NE–25–AD. loop clamps with new, zero-time clamps.

TABLE 1—SCHEDULE FOR INSPECTIONS AND REPLACEMENTS

If: Then replace clamps and inspect within:

(1) The engine was previously inspected using GEAE SB CF6–80C2 S/ 1,750 flight hours (FH) time-since-last-inspection (TSLI) or within 4 B 73–0326, dated March 5, 2003, for CF6–80C2 engines; or GEAE months after the effective date of this AD. SB CF6–80E1 S/B 73–0061, dated April 14, 2003, for CF6–80E1 en- gines. (2) Used loop clamps or clamps of unknown heritage were installed at 1,750 FH time-since-last-shop-visit or within 4 months after the effec- last shop visit. tive date of this AD.

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TABLE 1—SCHEDULE FOR INSPECTIONS AND REPLACEMENTS—Continued

If: Then replace clamps and inspect within:

(3) The engine is a first-run engine or is an engine with zero-time, new 7,500 FH time-since-new or since zero-time, new loop clamps were in- loop clamps previously installed on-wing or at shop visit. stalled (regardless if previously inspected per GEAE SB CF6–80C2 S/B 73–0326 or GEAE SB CF6–80E1 S/B 73–0061). (4) The engine has already exceeded the 1,750 FH initial inspection 4,500 FH TSLI, or 4 months after the effective date of this AD, which- threshold on the effective date of this AD, but has fewer than 4,500 ever occurs first. flight hours TSLI. (5) The engine has already exceeded the 4,500 FH initial inspection 4 months after the effective date of this AD. threshold on the effective date of this AD.

Inspection of Fuel Manifold P/Ns (1) CF6–80C2 Engine Manual GEK 92451. DATES: Effective Date: 0901 UTC, May 7, 1303M31G12 and 1303M32G12 (2) CF6–80C2L1F Engine Manual GEK 2009. The Director of the Federal (g) Remove any tape at any clamp location. 112213. Register approves this incorporation by Visually inspect the full circumference of the (3) CF6–80C2K1F Engine Manual GEK reference action under 1 CFR Part 51, manifold for wear at each clamp location. If 112721. (4) CF6–80E1 Engine Manual GEK 99376. subject to the annual revision of FAA any wear is found, follow paragraph (h) of Order 7400.9 and publication of this AD. (l) Contact General Electric Company via (h) When the fuel manifold shows any Lockheed Martin Technology Services, 10525 conforming amendments. signs of wear, determine the depth of the Chester Road, Suite C, Cincinnati, Ohio FOR FURTHER INFORMATION CONTACT: wear as follows: 45215; telephone (513) 672–8400; fax (513) Scott Enander, Central Service Center, (1) Measure the outside diameter of the 672–8422, for the service information Operations Support Group, Federal tube adjacent to the worn area. identified in this AD. Aviation Administration, Southwest (2) Measure the worn area at the smallest (m) Contact Robert Green, Aerospace Region, 2601 Meacham Blvd., Fort diameter. Engineer, Engine Certification Office, FAA, (3) Subtract the measurement of the worn Engine and Propeller Directorate, 12 New Worth, TX 76193–0530; telephone (817) tube diameter from the unworn diameter England Executive Park, Burlington, MA 321–7716. measurement. Allowable wear is 0.0035 inch. 01803; e-mail: [email protected]; SUPPLEMENTARY INFORMATION: (4) Replace fuel manifolds with wear telephone (781) 238–7754; fax (781) 238– greater than 0.010 inch before further flight. 7199, for more information about this AD. History (5) Replace fuel manifolds with wear Issued in Burlington, Massachusetts, on On December 18, 2008, the FAA greater than 0.0035 inch but less than 0.010 published in the Federal Register a inch, within 50 flight cycles. February 17, 2009. Thomas A. Boudreau, notice of proposed rulemaking to amend Revise Air Carrier’s Continuous Acting Manager, Engine and Propeller Class E airspace at Columbus, OH, Airworthiness Maintenance Program Directorate, Aircraft Certification Service. adding additional controlled airspace at (CAMP) and Airworthiness Limitation [FR Doc. E9–3868 Filed 2–23–09; 8:45 am] Rickenbacker International Airport, Section (ALS) Columbus, OH. (73 FR 76985, Docket BILLING CODE 4910–13–P (i) Within 30 days of the effective date of No. FAA–2008–1185). Interested parties this AD, revise the air carrier’s approved were invited to participate in this CAMP and Instructions for Continued rulemaking effort by submitting written Airworthiness (ICA) Chapter 5, DEPARTMENT OF TRANSPORTATION Airworthiness Limitation Section for the comments on the proposal to the FAA. CF6–80C2 and CF6–80E1 series engines to Federal Aviation Administration No comments were received. Class E require: airspace designations are published in (1) Repetitive inspections of fuel 14 CFR Part 71 paragraph 6005 of FAA Order 7400.9S manifolds, P/Ns 1303M31G12 and signed October 3, 2008, and effective 1303M32G12, installed in drainless fuel [Docket No. FAA–2008–1185; Airspace October 31, 2008, which is incorporated Docket No. 08–AGL–11] manifold assemblies introduced by CF6– by reference in 14 CFR Part 71.1. The 80C2 S/B 73–0253 and CF6–80E1 S/B 73– 0026, as detailed in paragraphs (g) and (h) of Amendment of Class E Airspace; Class E airspace designations listed in this AD, at 7,500 FH intervals. Columbus, OH this document will be published (2) Mandatory removal of all loop clamps subsequently in that Order. With the that hold the fuel manifold, P/Ns AGENCY: Federal Aviation exception of editorial changes, and the 1303M31G12 and 1303M32G12, to the CRF Administration (FAA), DOT. changes described above, this rule is the damper brackets, at each inspection. ACTION: Final rule. same as that proposed in the NPRM. (3) Replacement of all loop clamps with new, zero-time loop clamps, at each SUMMARY: This action amends Class E The Rule inspection. airspace at Columbus, OH. Additional This action amends Title 14 Code of Alternative Methods of Compliance controlled airspace is necessary to Federal Regulations (14 CFR) Part 71 by (j) The Manager, Engine Certification accommodate Area Navigation (RNAV) amending Class E airspace at Columbus, Office, has the authority to approve Standard Instrument Approach OH, adding additional controlled alternative methods of compliance for this Procedures (SIAP) at Rickenbacker airspace at Rickenbacker International AD if requested using the procedures found International Airport, Columbus, OH. Airport, Columbus, OH., and makes a in 14 CFR 39.19. This action also makes a minor change minor change to the geographical Related Information to the geographical coordinates of coordinates of Bolton Field Airport, Bolton Field Airport, Columbus, OH. (k) GEAE SB CF6–80C2 S/B 73–0326, dated Columbus, OH. March 5, 2003, and GEAE SB CF6–80E1 S/ The FAA is taking this action to The FAA has determined that this B 73–0061, dated April 14, 2003; and the enhance the safety and management of regulation only involves an established following GE engine manuals pertain to the Instrument Flight Rule (IFR) operations body of technical regulations for which subject of this AD: at Rickenbacker International Airport. frequent and routine amendments are

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necessary to keep them operationally Paragraph 6005 Class E airspace areas Airport, Medford, WI. This action also current. Therefore, this regulation: (1) Is extending upward from 700 feet or more makes a minor change to the not a ‘‘significant regulatory action’’ above the surface. geographical coordinates of Taylor under Executive Order 12866; (2) is not * * * * * County Airport. The FAA is taking this a ‘‘significant rule’’ under DOT AGL OH E5 Columbus, OH [Amended] action to enhance the safety and management of Instrument Flight Rule Regulatory Policies and Procedures (44 Columbus, Port Columbus International FR 11034; February 26, 1979); and (3) Airport, OH (IFR) operations at Taylor County does not warrant preparation of a (Lat. 39°59′53″ N., long. 82°53′31″ W.) Airport. regulatory evaluation as the anticipated Columbus, Rickenbacker International DATES: Effective Date: 0901 UTC, May 7, impact is so minimal. Since this is a Airport, OH 2009. The Director of the Federal ° ′ ″ ° ′ ″ routine matter that will only affect air (Lat. 39 48 50 N., long. 82 55 40 W.) Register approves this incorporation by traffic procedures and air navigation, it Columbus, Ohio State University Airport, OH ° ′ ″ ° ′ ″ reference action under 1 CFR Part 51, is certified that this rule, when (Lat. 40 04 47 N., long. 83 04 23 W.) Columbus, Bolton Field Airport, OH subject to the annual revision of FAA promulgated, will not have a significant (Lat. 39°54′04″ N., long. 83°08′13″ W.) Order 7400.9 and publication of economic impact on a substantial Columbus, Darby Dan Airport, OH conforming amendments. number of small entities under the (Lat. 39°56′31″ N., long. 83°12′18″ W.) FOR FURTHER INFORMATION CONTACT: criteria of the Regulatory Flexibility Act. Lancaster, Fairfield County Airport, OH Scott Enander, Central Service Center, ° ′ ″ ° ′ ″ The FAA’s authority to issue rules (Lat. 39 45 20 N., long. 82 39 26 W.) Operations Support Group, Federal regarding aviation safety is found in Don Scott NDB Aviation Administration, Southwest (Lat. 40°04′49″ N., long. 83°04′44″ W.) Title 49 of the U.S. Code. Subtitle 1, Region, 2601 Meacham Blvd., Fort Section 106, describes the authority of That airspace extending upward from 700 Worth, TX 76193–0530; telephone (817) feet above the surface within a 7-mile radius 321–7716. the FAA Administrator. Subtitle VII, of Port Columbus International Airport, and Aviation Programs, describes in more within a 7-mile radius of Rickenbacker SUPPLEMENTARY INFORMATION: detail the scope of the agency’s International Airport and within 4 miles History authority. This rulemaking is either side of the 045° bearing from promulgated under the authority Rickenbacker International Airport extending On December 18, 2008, the FAA described in Subtitle VII, Part A, from the 7-mile radius area to 12.5 miles published in the Federal Register a Subpart I, Section 40103. Under that northeast of the airport, and within a 6.5-mile notice of proposed rulemaking to amend section, the FAA is charged with radius of the Ohio State University Airport, Class E airspace at Medford, WI, adding and within 3 miles either side of the 091° prescribing regulations to assign the use additional controlled airspace at Taylor bearing from the Don Scott NDB extending County Airport, Medford, WI. (73 FR of airspace necessary to ensure the from the 6.5-mile radius area to 9.8 miles east safety of aircraft and the efficient use of of the NDB, and within a 7.4-mile radius of 76982, Docket No. FAA–2008–1211). airspace. This regulation is within the Bolton Field Airport, and within a 6.4-mile Interested parties were invited to scope of that authority as it adds radius of Fairfield County Airport, and participate in this rulemaking effort by additional controlled airspace at within a 6.5-mile radius of Darby Dan submitting written comments on the Rickenbacker International Airport, Airport, excluding that airspace within the proposal to the FAA. No comments Columbus, OH. London, OH, Class E airspace area. were received. Class E airspace * * * * * designations are published in paragraph List of Subjects in 14 CFR Part 71 Issued in Fort Worth, TX, on February 12, 6005 of FAA Order 7400.9S signed October 3, 2008, and effective October Airspace, Incorporation by reference, 2009. Roger M. Trevino, 31, 2008, which is incorporated by Navigation (air). reference in 14 CFR Part 71.1. The Class Acting Manager, Operations Support Group, Adoption of the Amendment Central Service Center. E airspace designations listed in this document will be published [FR Doc. E9–3820 Filed 2–23–09; 8:45 am] ■ In consideration of the foregoing, the subsequently in that Order. With the BILLING CODE 4910–13–P Federal Aviation Administration exception of editorial changes, and the amends 14 CFR Part 71 as follows: changes described above, this rule is the DEPARTMENT OF TRANSPORTATION same as that proposed in the NPRM. PART 71—DESIGNATION OF CLASS A, The Rule B, C, D, AND E AIRSPACE AREAS; AIR Federal Aviation Administration TRAFFIC SERVICE ROUTES; AND This action amends Title 14 Code of REPORTING POINTS 14 CFR Part 71 Federal Regulations (14 CFR) Part 71 by amending Class E airspace at Medford, ■ 1. The authority citation for 14 CFR [Docket No. FAA–2008–1211; Airspace WI, adding additional controlled Part 71 continues to read as follows: Docket No. 08–AGL–13] airspace at Taylor County Airport, Medford, WI., and makes a minor Authority: 49 U.S.C. 106(g), 40103, 40113, Amendment of Class E Airspace; change to the geographical coordinates 40120; E. O. 10854, 24 FR 9565, 3 CFR, 1959– Medford, WI of Taylor County Airport. 1963 Comp., p. 389. AGENCY: Federal Aviation The FAA has determined that this § 71.1 [Amended] Administration (FAA), DOT. regulation only involves an established ACTION: Final rule. body of technical regulations for which ■ 2. The incorporation by reference in frequent and routine amendments are 14 CFR Part 71.1 of the Federal Aviation SUMMARY: This action amends Class E necessary to keep them operationally Administration Order 7400.9S, Airspace airspace at Medford, WI. Additional current. Therefore, this regulation: (1) Is Designations and Reporting Points, controlled airspace is necessary to not a ‘‘significant regulatory action’’ signed October 3, 2008, and effective accommodate Area Navigation (RNAV) under Executive Order 12866; (2) is not October 31, 2008, is amended as Standard Instrument Approach a ‘‘significant rule’’ under DOT follows: Procedures (SIAP) at Taylor County Regulatory Policies and Procedures (44

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FR 11034; February 26, 1979); and (3) radius of Taylor County Airport, and within FAA. No comments were received. Class does not warrant preparation of a 2.7 miles each side of the 162° bearing from E airspace designations are published in regulatory evaluation as the anticipated the airport extending from the 6.8-mile paragraph 6005 of FAA Order 7400.9S impact is so minimal. Since this is a radius to 7 miles southeast of the airport. signed October 3, 2008, and effective routine matter that will only affect air * * * * * October 31, 2008, which is incorporated traffic procedures and air navigation, it Issued in Fort Worth, TX, on February 12, by reference in 14 CFR Part 71.1. The is certified that this rule, when 2009. Class E airspace designations listed in promulgated, will not have a significant Roger M. Trevino, this document will be published economic impact on a substantial Acting Manager, Operations Support Group subsequently in that Order. number of small entities under the [FR Doc. E9–3822 Filed 2–23–09; 8:45 am] The Rule criteria of the Regulatory Flexibility Act. BILLING CODE 4910–13–P The FAA’s authority to issue rules This action amends Title 14 Code of regarding aviation safety is found in Federal Regulations (14 CFR) Part 71 by Title 49 of the U.S. Code. Subtitle 1, DEPARTMENT OF TRANSPORTATION amending Class E airspace at Sioux City, Section 106, describes the authority of IA, adding additional controlled the FAA Administrator. Subtitle VII, Federal Aviation Administration airspace at Sioux Gateway Airport/Col. Aviation Programs, describes in more Bud Day Field, Sioux City, IA. detail the scope of the agency’s 14 CFR Part 71 The FAA has determined that this authority. This rulemaking is [Docket No. FAA–2008–1104; Airspace regulation only involves an established promulgated under the authority Docket No. 08–ACE–2] body of technical regulations for which described in Subtitle VII, Part A, frequent and routine amendments are Subpart I, Section 40103. Under that Amendment of Class E Airspace; necessary to keep them operationally section, the FAA is charged with Sioux City, IA current. Therefore, this regulation: (1) Is prescribing regulations to assign the use not a ‘‘significant regulatory action’’ of airspace necessary to ensure the AGENCY: Federal Aviation under Executive Order 12866; (2) is not safety of aircraft and the efficient use of Administration (FAA), DOT. a ‘‘significant rule’’ under DOT airspace. This regulation is within the ACTION: Final rule. Regulatory Policies and Procedures (44 scope of that authority as it adds FR 11034; February 26, 1979); and (3) additional controlled airspace at Taylor SUMMARY: This action amends Class E does not warrant preparation of a County Airport, Medford, WI. airspace at Sioux City, IA. Additional regulatory evaluation as the anticipated controlled airspace is necessary to List of Subjects in 14 CFR Part 71 impact is so minimal. Since this is a accommodate Area Navigation (RNAV) routine matter that will only affect air Airspace, Incorporation by reference, Standard Instrument Approach traffic procedures and air navigation, it Navigation (air). Procedures (SIAP) at Sioux Gateway is certified that this rule, when Airport/Col. Bud Day Field, Sioux City, Adoption of the Amendment promulgated, will not have a significant IA. The FAA is taking this action to economic impact on a substantial ■ In consideration of the foregoing, the enhance the safety and management of number of small entities under the Federal Aviation Administration Instrument Flight Rule (IFR) operations criteria of the Regulatory Flexibility Act. amends 14 CFR Part 71 as follows: at Sioux Gateway Airport/Col. Bud Day The FAA’s authority to issue rules Field. regarding aviation safety is found in PART 71—DESIGNATION OF CLASS A, DATES: Effective Date: 0901 UTC, May 7, Title 49 of the U.S. Code. Subtitle 1, B, C, D, AND E AIRSPACE AREAS; AIR 2009. The Director of the Federal Section 106, describes the authority of TRAFFIC SERVICE ROUTES; AND Register approves this incorporation by the FAA Administrator. Subtitle VII, REPORTING POINTS reference action under 1 CFR Part 51, Aviation Programs, describes in more ■ 1. The authority citation for 14 CFR subject to the annual revision of FAA detail the scope of the agency’s Part 71 continues to read as follows: Order 7400.9 and publication of authority. This rulemaking is conforming amendments. promulgated under the authority Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E. O. 10854, 24 FR 9565, 3 CFR, 1959– FOR FURTHER INFORMATION CONTACT: described in Subtitle VII, Part A, 1963 Comp., p. 389. Scott Enander, Central Service Center, Subpart I, Section 40103. Under that Operations Support Group, Federal section, the FAA is charged with § 71.1 [Amended] Aviation Administration, Southwest prescribing regulations to assign the use ■ 2. The incorporation by reference in Region, 2601 Meacham Blvd., Fort of airspace necessary to ensure the 14 CFR Part 71.1 of the Federal Aviation Worth, TX 76193–0530; telephone (817) safety of aircraft and the efficient use of Administration Order 7400.9S, Airspace 321–7716. airspace. This regulation is within the Designations and Reporting Points, SUPPLEMENTARY INFORMATION: scope of that authority as it adds signed October 3, 2008, and effective additional controlled airspace in the History October 31, 2008, is amended as Sioux City, IA airspace area, at Sioux follows: On December 18, 2008, the FAA Gateway Airport/Col. Bud Day Field, published in the Federal Register a Sioux City, IA. Paragraph 6005 Class E airspace areas extending upward from 700 feet or more notice of proposed rulemaking to amend List of Subjects in 14 CFR Part 71 above the surface. Class E airspace at Sioux City, IA, adding additional controlled airspace at Airspace, Incorporation by reference, * * * * * Sioux Gateway Airport/Col. Bud Day Navigation (air). AGL WI E5 Medford, WI [Amended] Field, Sioux City, IA (73 FR 76983, Adoption of the Amendment Medford, Taylor County Airport, WI Docket No. FAA–2008–1104). Interested (Lat. 45°06′05″ N., long. 90°18′03″ W.) parties were invited to participate in ■ In consideration of the foregoing, the That airspace extending upward from 700 this rulemaking effort by submitting Federal Aviation Administration feet above the surface within a 6.8-mile written comments on the proposal to the amends 14 CFR Part 71 as follows:

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PART 71—DESIGNATION OF CLASS A, ACTION: Final rule. necessary to keep them operationally B, C, D, AND E AIRSPACE AREAS; AIR current. Therefore, this regulation: (1) Is TRAFFIC SERVICE ROUTES; AND SUMMARY: This action amends Class E not a ‘‘significant regulatory action’’ REPORTING POINTS airspace at Milwaukee, WI. Additional under Executive Order 12866; (2) is not controlled airspace is necessary to a ‘‘significant rule’’ under DOT ■ 1. The authority citation for 14 CFR accommodate Area Navigation (RNAV) Regulatory Policies and Procedures (44 Part 71 continues to read as follows: Standard Instrument Approach FR 11034; February 26, 1979); and (3) Authority: 49 U.S.C. 106(g), 40103, 40113, Procedures (SIAP) at Waukesha County does not warrant preparation of a 40120; E. O. 10854, 24 FR 9565, 3 CFR, 1959– Airport, Waukesha, WI. Also, this rule regulatory evaluation as the anticipated 1963 Comp., p. 389. changes an airport name from John H. impact is so minimal. Since this is a Batten Field to John H. Batten Airport, § 71.1 [Amended] routine matter that will only affect air Racine, WI. The FAA is taking this traffic procedures and air navigation, it ■ 2. The incorporation by reference in action to enhance the safety and is certified that this rule, when 14 CFR Part 71.1 of the Federal Aviation management of Instrument Flight Rule promulgated, will not have a significant Administration Order 7400.9S, Airspace (IFR) operations at Waukesha County economic impact on a substantial Designations and Reporting Points, Airport. number of small entities under the signed October 3, 2008, and effective DATES: Effective Date: 0901 UTC, May 7, criteria of the Regulatory Flexibility Act. October 31, 2008, is amended as 2009. The Director of the Federal follows: The FAA’s authority to issue rules Register approves this incorporation by regarding aviation safety is found in Paragraph 6005 Class E airspace areas reference action under 1 CFR Part 51, Title 49 of the U.S. Code. Subtitle 1, extending upward from 700 feet or more subject to the annual revision of FAA Section 106, describes the authority of above the surface. Order 7400.9 and publication of the FAA Administrator. Subtitle VII, * * * * * conforming amendments. Aviation Programs, describes in more ACE IA E5 Sioux City, IA [Amended] FOR FURTHER INFORMATION CONTACT: detail the scope of the agency’s Sioux City, Sioux Gateway Airport/Col. Bud Scott Enander, Central Service Center, authority. This rulemaking is Day Field, IA Operations Support Group, Federal promulgated under the authority (Lat. 42°24′09″ N., long. 96°23′04″ W.) Aviation Administration, Southwest described in Subtitle VII, Part A, Sioux City VORTAC Region, 2601 Meacham Blvd., Fort Subpart I, Section 40103. Under that (Lat. 42°20′40″ N., long. 96°19′25″ W.) Worth, TX 76193–0530; telephone (817) section, the FAA is charged with That airspace extending upward from 700 321–7716. prescribing regulations to assign the use feet above the surface within a 7-mile radius SUPPLEMENTARY INFORMATION: of airspace necessary to ensure the of Sioux Gateway Airport/Col. Bud Day Field ° safety of aircraft and the efficient use of and within 3 miles each side of the 139 History airspace. This regulation is within the radial of the Sioux City VORTAC extending from the 7-mile radius to 17.8 miles On December 18, 2008, the FAA scope of that authority as it adds southeast of the VORTAC, and within 3 miles published in the Federal Register a additional controlled airspace in the each side of the 319° radial of the Sioux City notice of proposed rulemaking to amend Milwaukee, WI, airspace area, at VORTAC extending from the 7-mile radius to Class E airspace at Milwaukee, WI, Waukesha County Airport, Waukesha, 25.3 miles northwest of the VORTAC, and adding additional controlled airspace at WI. within 3.8 miles each side of the 316° bearing Waukesha County Airport, Waukesha, List of Subjects in 14 CFR Part 71 from Sioux Gateway Airport/Col. Bud Day WI (73 FR 76981, Docket No. FAA– Field extending from the 7-mile radius to 2008–1291). Interested parties were 10.5 miles northwest of the airport, and Airspace, Incorporation by reference, within 4 miles each side of the 001° bearing invited to participate in this rulemaking Navigation (air). from Sioux Gateway Airport/Col. Bud Day effort by submitting written comments Field extending from the 7-mile radius to 12 on the proposal to the FAA. No Adoption of the Amendment miles northwest of the airport. comments were received. Class E ■ In consideration of the foregoing, the * * * * * airspace designations are published in paragraph 6005 of FAA Order 7400.9S Federal Aviation Administration Issued in Fort Worth, TX, on February 12, amends 14 CFR Part 71 as follows: 2009. signed October 3, 2008, and effective October 31, 2008, which is incorporated Roger M. Trevino, PART 71—DESIGNATION OF CLASS A, by reference in 14 CFR Part 71.1. The B, C, D, AND E AIRSPACE AREAS; AIR Acting Manager, Operations Support Group, Class E airspace designations listed in Central Service Center. TRAFFIC SERVICE ROUTES; AND this document will be published REPORTING POINTS [FR Doc. E9–3821 Filed 2–23–09; 8:45 am] subsequently in that Order. BILLING CODE 4910–13–P The Rule ■ 1. The authority citation for 14 CFR Part 71 continues to read as follows: This action amends Title 14 Code of DEPARTMENT OF TRANSPORTATION Federal Regulations (14 CFR) Part 71 by Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Federal Aviation Administration amending Class E airspace at Milwaukee, WI, adding additional 1963 Comp., p. 389. 14 CFR Part 71 controlled airspace at Waukesha County § 71.1 [Amended] Airport, Waukesha, WI, to accommodate [Docket No. FAA–2008–1291; Airspace SIAPs. This action also changes the ■ 2. The incorporation by reference in Docket No. 08–AGL–20] name of John H. Batten Field to John H. 14 CFR Part 71.1 of the Federal Aviation Amendment of Class E Airspace; Batten Airport, Racine, WI. Administration Order 7400.9S, Airspace Milwaukee, WI The FAA has determined that this Designations and Reporting Points, regulation only involves an established signed October 3, 2008, and effective AGENCY: Federal Aviation body of technical regulations for which October 31, 2008, is amended as Administration (FAA), DOT. frequent and routine amendments are follows:

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Paragraph 6005 Class E airspace areas Order 7400.9 and publication of Aviation Programs, describes in more extending upward from 700 feet or more conforming amendments. detail the scope of the agency’s above the surface. FOR FURTHER INFORMATION CONTACT: authority. This rulemaking is * * * * * Scott Enander, Central Service Center, promulgated under the authority AGL WI E5 Milwaukee, WI [Amended] Operations Support Group, Federal described in Subtitle VII, Part A, Milwaukee, General Mitchell International Aviation Administration, Southwest Subpart I, Section 40103. Under that Airport, WI Region, 2601 Meacham Blvd, Fort section, the FAA is charged with (Lat. 42°56′50″ N., long. 87°53′48″ W.) Worth, TX 76193–0530; telephone (817) prescribing regulations to assign the use Racine, John H. Batten Airport, WI 321–7716. of airspace necessary to ensure the ° ′ ″ ° ′ ″ (Lat. 42 45 40 N., long. 87 48 50 W.) SUPPLEMENTARY INFORMATION: safety of aircraft and the efficient use of Waukesha, Waukesha County Airport, WI airspace. This regulation is within the (Lat. 43°02′28″ N., long. 88°14′13″ W.) History scope of that authority as it establishes Milwaukee, Lawrence J. Timmerman Airport, On November 25, 2008, the FAA controlled airspace at Tower Municipal WI published in the Federal Register a (Lat. 43°06′37″ N., long. 88°02′04″ W.) Airport, Tower, MN. notice of proposed rulemaking to That airspace extending upward from 700 establish Class E airspace at Tower, MN List of Subjects in 14 CFR Part 71 feet above the surface within a 8.4-mile (73 FR 71569, Docket No. FAA–2008– radius of General Mitchell International Airspace, Incorporation by reference, 1186). Interested parties were invited to Airport, and within an 8.1-mile radius of Navigation (air). John H. Batten Airport, and within a 7.5-mile participate in this rulemaking effort by radius of the Waukesha County Airport, and submitting written comments on the Adoption of the Amendment within 2 miles each side of the 282° bearing proposal to the FAA. No comments from the Waukesha County Airport extending were received. Class E airspace ■ In consideration of the foregoing, the from the 7.5-mile radius to 10.5 miles west designations are published in paragraph Federal Aviation Administration of the Waukesha County Airport, and within 6005 of FAA Order 7400.9S signed amends14 CFR Part 71 as follows: an 8.9-mile radius of Lawrence J. October 3, 2008, and effective October Timmerman Airport. 31, 2008, which is incorporated by PART 71—DESIGNATION OF CLASS A, * * * * * reference in 14 CFR Part 71.1. The Class B, C, D, AND E AIRSPACE AREAS; AIR Issued in Fort Worth, TX, on February 12, E airspace designations listed in this TRAFFIC SERVICE ROUTES; AND 2009. document will be published REPORTING POINTS Roger M. Trevino, subsequently in that Order. With the Acting Manager, Operations Support Group, exception of editorial changes, and the ■ 1. The authority citation for 14 CFR Central Service Center. changes described above, this rule is the Part 71 continues to read as follows: same as that proposed in the NPRM. [FR Doc. E9–3818 Filed 2–23–09; 8:45 am] Authority: 49 U.S.C. 106(g), 40103, 40113, BILLING CODE 4910–13–P The Rule 40120; E. O. 10854, 24 FR 9565, 3 CFR, 1959– This action amends Title 14 Code of 1963 Comp., p. 389. DEPARTMENT OF TRANSPORTATION Federal Regulations (14 CFR) Part 71 by § 71.1 [Amended] establishing Class E airspace at Tower Federal Aviation Administration Municipal Airport, Tower, MN. This ■ 2. The incorporation by reference in rule also updates the geographic 14 CFR Part 71.1 of the Federal Aviation 14 CFR Part 71 coordinates of Tower Municipal Administration Order 7400.9S, Airspace Airport. Designations and Reporting Points, [Docket No. FAA–2008–1186; Airspace The FAA has determined that this Docket No. 08–AGL–12] signed October 3, 2008, and effective regulation only involves an established October 31, 2008, is amended as Establishment of Class E Airspace; body of technical regulations for which follows: Tower, MN frequent and routine amendments are necessary to keep them operationally Paragraph 6005 Class E airspace areas AGENCY: Federal Aviation current. Therefore, this regulation: (1) Is extending upward from 700 feet or more above the surface. Administration (FAA), DOT. not a ‘‘significant regulatory action’’ ACTION: Final rule. under Executive Order 12866; (2) is not * * * * * a ‘‘significant rule’’ under DOT AGL MN E5 Tower, MN [New] SUMMARY: This action establishes Class Regulatory Policies and Procedures (44 E airspace at Tower, MN. Controlled Tower Municipal Airport, MN FR 11034; February 26, 1979); and (3) ° ′ ″ ° ′ ″ airspace is necessary to accommodate does not warrant preparation of a (Lat. 47 49 05 N., long. 92 17 10 W.) new Area Navigation (RNAV) Standard regulatory evaluation as the anticipated That airspace extending upward from 700 Instrument Approach Procedures impact is so minimal. Since this is a feet above the surface within a 6.5-mile (SIAPs) at Tower Municipal Airport, routine matter that will only affect air radius of Tower Municipal Airport, Tower, MN. This rule also updates the traffic procedures and air navigation, it excluding that airspace within Prohibited geographic coordinates for the airport. is certified that this rule, when Area P–205. The FAA is taking this action to promulgated, will not have a significant * * * * * enhance the safety and management of economic impact on a substantial Issued in Fort Worth, TX, on February 12, Instrument Flight Rule (IFR) operations number of small entities under the 2009. at Tower Municipal Airport. criteria of the Regulatory Flexibility Act. Roger M. Trevino, DATES: Effective Date: 0901 UTC, May 7, The FAA’s authority to issue rules 2009. The Director of the Federal regarding aviation safety is found in Acting Manager, Operations Support Group, Register approves this incorporation by Title 49 of the U.S. Code. Subtitle 1, Central Service Center. reference action under 1 CFR Part 51, Section 106, describes the authority of [FR Doc. E9–3817 Filed 2–23–09; 8:45 am] subject to the annual revision of FAA the FAA Administrator. Subtitle VII, BILLING CODE 4910–13–P

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DEPARTMENT OF TRANSPORTATION exception. The airport location has been the safe and efficient use of the updated to reflect current survey data. navigable airspace. This regulation is Federal Aviation Administration With the exception of editorial changes, within the scope of that authority and the changes described above, this because it creates Class E airspace 14 CFR Part 71 rule is the same as that proposed in the sufficient in size to contain aircraft [Docket No. FAA–2008–0455; Airspace NPRM. executing instrument procedures for the Docket No. 08–AAL–14] The area will be depicted on Umiat Airport and represents the FAA’s aeronautical charts for pilot reference. continuing effort to safely and Establishment of Class E Airspace; The coordinates for this airspace docket efficiently use the navigable airspace. Umiat, AK are based on North American Datum 83. The Class E airspace areas designated as List of Subjects in 14 CFR Part 71 AGENCY: Federal Aviation 700/1,200 ft. transition areas are Airspace, Incorporation by reference, Administration (FAA), DOT. published in paragraph 6005 of FAA Navigation (air). ACTION: Final rule. Order 7400.9S, Airspace Designations and Reporting Points, signed October 3, Adoption of the Amendment SUMMARY: This action establishes Class 2008, and effective October 31, 2008, ■ In consideration of the foregoing, the E airspace at Umiat, AK to provide which is incorporated by reference in 14 adequate controlled airspace to contain Federal Aviation Administration CFR 71.1. The Class E airspace amends 14 CFR part 71 as follows: aircraft executing Standard Instrument designations listed in this document Approach Procedures (SIAPs). Two will be published subsequently in the PART 71—DESIGNATION OF CLASS A, SIAPs are being created for the Umiat Order. CLASS B, CLASS C, CLASS D, AND Airport along with a textual Obstacle The Rule CLASS E AIRSPACE AREAS; Departure Procedure (ODP). This action AIRWAYS; ROUTES; AND REPORTING establishes Class E airspace upward This amendment to 14 CFR part 71 POINTS from 700 feet (ft.) and 1,200 ft. above the establishes Class E airspace at the Umiat surface at Umiat Airport, Umiat, AK. Airport, Alaska. This Class E airspace is ■ 1. The authority citation for 14 CFR DATES: Effective Date: 0901 UTC, May 7, created to accommodate aircraft part 71 continues to read as follows: executing new instrument procedures, 2009. The Director of the Federal Authority: 49 U.S.C. 106(g), 40103, 40113, Register approves this incorporation by and will be depicted on aeronautical 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– reference action under title 1, Code of charts for pilot reference. The intended 1963 Comp., p. 389. Federal Regulations, part 51, subject to effect of this rule is to provide adequate the annual revision of FAA Order controlled airspace for Instrument Flight § 71.1 [Amended] Rules (IFR) operations at the Umiat 7400.9 and publication of conforming ■ 2. The incorporation by reference in Airport, Umiat, Alaska. amendments. 14 CFR 71.1 of Federal Aviation The FAA has determined that this Administration Order 7400.9S, Airspace FOR FURTHER INFORMATION CONTACT: Gary regulation only involves an established Designations and Reporting Points, Rolf, AAL–538G, Federal Aviation body of technical regulations for which signed October 3, 2008, and effective Administration, 222 West 7th Avenue, frequent and routine amendments are October 31, 2008, is amended as Box 14, Anchorage, AK 99513–7587; necessary to keep them operationally follows: telephone number (907) 271–5898; fax: current. It, therefore—(1) Is not a (907) 271–2850; e-mail: ‘‘significant regulatory action’’ under Paragraph 6005 Class E Airspace Extending [email protected]. Internet address: Executive Order 12866; (2) is not a Upward from 700 feet or More Above the _ http://www.faa.gov/about/office org/ ‘‘significant rule’’ under DOT Surface of the Earth. _ _ headquarters offices/ato/service units/ Regulatory Policies and Procedures (44 * * * * * systemops/fs/alaskan/rulemaking/. FR 11034; February 26, 1979); and (3) AAL AK E5 Umiat, AK [New] SUPPLEMENTARY INFORMATION: does not warrant preparation of a Umiat, Umiat Airport, AK regulatory evaluation as the anticipated History (Lat. 69°22′16″ N., long. 152°08′06″ W.) impact is so minimal. Since this is a On Monday December 8, 2008, the That airspace extending upward from 700 routine matter that will only affect air feet above the surface within a 6.5-mile FAA proposed to amend part 71 of the traffic procedures and air navigation, it radius of the Umiat Airport, AK, and within Federal Aviation Regulations (14 CFR) is certified that this rule will not have 4 miles either side of the 266° bearing from part 71 to establish Class E airspace a significant economic impact on a the Umiat Airport, AK, extending from the upward from 700 ft. above the surface substantial number of small entities 6.5-mile radius to 11.6 miles west of the and from 1,200 ft. above the surface at under the criteria of the Regulatory Umiat Airport, AK, and within 4 miles either Umiat, AK (73 FR 74377). The action Flexibility Act. side of the 082° bearing from the Umiat was proposed in order to create Class E The FAA’s authority to issue rules Airport, AK, extending from the 6.5-mile airspace sufficient in size to contain regarding aviation safety is found in radius to 11.6 miles east of the Umiat aircraft while executing instrument Airport, AK; and that airspace extending Title 49 of the United States Code. upward from 1,200 feet above the surface procedures for the Umiat Airport. Class Subtitle 1, Section 106 describes the within a 73-mile radius of the Umiat Airport, E controlled airspace extending upward authority of the FAA Administrator. AK. from 700 ft. and 1,200 ft. above the Subtitle VII, Aviation Programs, * * * * * surface in the Umiat Airport area is describes in more detail the scope of the created by this action. agency’s authority. Issued in Anchorage, AK, February 13, Interested parties were invited to This rulemaking is promulgated 2009. participate in this rulemaking under the authority described in James L. Krause, proceeding by submitting written Subtitle VII, Part A, Subpart 1, Section Acting Manager, Alaska Flight Services comments on the proposal to the FAA. 40103, Sovereignty and use of airspace. Information Area Group. No comments were received. The rule is Under that section, the FAA is charged [FR Doc. E9–3827 Filed 2–23–09; 8:45 am] adopted as proposed with the following with prescribing regulations to ensure BILLING CODE 4910–13–P

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DEPARTMENT OF TRANSPORTATION proceeding by submitting written FR 11034; February 26, 1979); and (3) comments on the proposal to the FAA. does not warrant preparation of a Federal Aviation Administration No comments were received. The rule is regulatory evaluation as the anticipated adopted as proposed with the following impact is so minimal. Because this is a 14 CFR Part 71 exception. The airport location has been routine matter that will only affect air [Docket No. FAA–2008–1162; Airspace updated to reflect current survey data. traffic procedures and air navigation, it Docket No. 08–AAL–33] With the exception of editorial changes, is certified that this rule will not have and the changes described above, this a significant economic impact on a Revision of Class D and E Airspace; rule is the same as that proposed in the substantial number of small entities King Salmon, AK NPRM. under the criteria of the Regulatory The area will be depicted on Flexibility Act. AGENCY: Federal Aviation aeronautical charts for pilot reference. The FAA’s authority to issue rules Administration (FAA), DOT. The coordinates for this airspace docket regarding aviation safety is found in ACTION: Final rule. are based on North American Datum 83. Title 49 of the United States Code. The Class D airspace area designations Subtitle 1, Section 106 describes the SUMMARY: This action revises Class D are published in paragraph 5000 in FAA and E airspace at King Salmon, AK, to authority of the FAA Administrator. Order 7400.9S, Airspace Designations Subtitle VII, Aviation Programs, provide adequate controlled airspace to and Reporting Points, signed October 3, contain aircraft executing Standard describes in more detail the scope of the 2008, and effective October 31, 2008, agency’s authority. Instrument Approach Procedures which is incorporated by reference in 14 (SIAPs). Nine SIAPs, and a textual CFR 71.1. The Class E2 surface areas are This rulemaking is promulgated Obstacle Departure Procedure (ODP) are published in paragraph 6002 in FAA under the authority described in being amended for the King Salmon Order 7400.9S, Airspace Designations Subtitle VII, Part A, Subpart 1, Section Airport. This action revises Class D and and Reporting Points, signed October 3, 40103, Sovereignty and use of airspace. E airspace upward from the surface, and 2008, and effective October 31, 2008, Under that section, the FAA is charged from 700 feet (ft.) and 1,200 ft. above the which is incorporated by reference in 14 with prescribing regulations to ensure surface at King Salmon Airport, King CFR 71.1. The Class E4 surface areas the safe and efficient use of the Salmon, AK. designated as extensions to Class D navigable airspace. This regulation is within the scope of that authority DATES: Effective Date: 0901 UTC, May 7, surface areas are published in paragraph 2009. The Director of the Federal 6004 in FAA Order 7400.9S, Airspace because it creates Class D and E airspace Register approves this incorporation by Designations and Reporting Points, sufficient in size to contain aircraft reference action under title 1, Code of signed October 3, 2008, and effective executing instrument procedures for the Federal Regulations, part 51, subject to October 31, 2008, which is incorporated King Salmon Airport and represents the the annual revision of FAA Order by reference in 14 CFR 71.1. The Class FAA’s continuing effort to safely and 7400.9 and publication of conforming E airspace areas designated as 700/1200 efficiently use the navigable airspace. amendments. foot transition areas are published in List of Subjects in 14 CFR Part 71 paragraph 6005 in FAA Order 7400.9S, FOR FURTHER INFORMATION CONTACT: Gary Airspace Designations and Reporting Airspace, Incorporation by reference, Rolf, AAL–538G, Federal Aviation Points, signed October 3, 2008, and Navigation (air). Administration, 222 West 7th Avenue, effective October 31, 2008, which is Adoption of the Amendment Box 14, Anchorage, AK 99513–7587; incorporated by reference in 14 CFR telephone number (907) 271–5898; fax: 71.1. The Class D and E airspace ■ In consideration of the foregoing, the (907) 271–2850; e-mail: designations listed in this document Federal Aviation Administration [email protected]. Internet address: would be published subsequently in the amends 14 CFR part 71 as follows: http://www.faa.gov/about/office_org/ _ _ Order. headquarters offices/ato/service units/ PART 71—DESIGNATION OF CLASS A, systemops/fs/alaskan/rulemaking/. The Rule CLASS B, CLASS C, CLASS D, AND SUPPLEMENTARY INFORMATION: This amendment to 14 CFR part 71 CLASS E AIRSPACE AREAS; revises Class D and E airspace at the AIRWAYS; ROUTES; AND REPORTING History King Salmon Airport, Alaska. This Class POINTS On Monday, Decemer 8, 2008, the D and E airspace is revised to FAA proposed to amend part 71 of the accommodate aircraft executing ■ 1. The authority citation for 14 CFR Federal Aviation Regulations (14 CFR amended instrument procedures, and part 71 continues to read as follows: part 71) to revise Class D and E airspace will be depicted on aeronautical charts Authority: 49 U.S.C. 106(g), 40103, 40113, upward from the surface, and from 700 for pilot reference. The intended effect 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– ft. and 1,200 ft. above the surface at of this rule is to provide adequate 1963 Comp., p. 389. King Salmon, AK (73 FR 74378). The controlled airspace for Instrument Flight action was proposed in order to create Rules (IFR) operations at the King § 71.1 [Amended] Class D and E airspace sufficient in size Salmon Airport, King Salmon, Alaska. ■ 2. The incorporation by reference in to contain aircraft while executing The FAA has determined that this 14 CFR 71.1 of Federal Aviation instrument procedures for the King regulation only involves an established Administration Order 7400.9S, Airspace Salmon Airport. Class D and E body of technical regulations for which Designations and Reporting Points, controlled airspace extending upward frequent and routine amendments are signed October 3, 2008, and effective from the surface, and from 700 ft. and necessary to keep them operationally October 31, 2008, is amended as 1,200 ft. above the surface in the King current. It, therefore—(1) Is not a follows: Salmon Airport area is revised by this ‘‘significant regulatory action’’ under * * * * * action. Executive Order 12866; (2) is not a Interested parties were invited to ‘‘significant rule’’ under DOT Paragraph 5000 General. participate in this rulemaking Regulatory Policies and Procedures (44 * * * * *

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AAL AK D King Salmon, AK [Revised] Issued in Anchorage, AK, on February 13, the need for this amendment involve King Salmon, King Salmon Airport, AK 2009. matters of flight safety and operational (Lat. 58°40′35″ N., long. 156°38′55″ W.) James L. Krause, efficiency in the National Airspace That airspace extending upward from the Acting Manager, Alaska Flight Services System, are related to published surface to and including 2,500 feet MSL Information Area Group. aeronautical charts that are essential to within a 4.4-mile radius of the King Salmon [FR Doc. E9–3825 Filed 2–23–09; 8:45 am] the user, and provide for the safe and Airport, AK. This Class D airspace area is BILLING CODE 4910–13–P efficient use of the navigable airspace. effective during the specific dates and times In addition, those various reasons or established in advance by a Notice to circumstances require making this Airmen. The effective date and time will DEPARTMENT OF TRANSPORTATION amendment effective before the next thereafter be continuously published in the scheduled charting and publication date Airport/Facility Directory. Federal Aviation Administration of the flight information to assure its timely availability to the user. The * * * * * 14 CFR Part 95 effective date of this amendment reflects Paragraph 6002 Class E Airspace [Docket No. 30653; Amdt. No. 479] those considerations. In view of the Designated as Surface Areas. close and immediate relationship * * * * * IFR Altitudes; Miscellaneous between these regulatory changes and AAL AK E2 King Salmon, AK [Revised] Amendments safety in air commerce, I find that notice King Salmon, King Salmon Airport, AK AGENCY: Federal Aviation and public procedure before adopting (Lat. 58°40′35″ N., long. 156°38′55″ W.) Administration (FAA), DOT. this amendment are impracticable and contrary to the public interest and that Within a 4.4-mile radius of the King ACTION: Final rule. good cause exists for making the Salmon Airport, AK. This Class E airspace area is effective during the specific dates and SUMMARY: This amendment adopts amendment effective in less than 30 times established in advance by a Notice to miscellaneous amendments to the days. required IFR (instrument flight rules) Airmen. The effective date and time will Conclusion thereafter be continuously published in the altitudes and changeover points for Airport/Facility Directory. certain Federal airways, jet routes, or The FAA has determined that this regulation only involves an established * * * * * direct routes for which a minimum or maximum en route authorized IFR body of technical regulations for which Paragraph 6004 Class E Airspace Areas altitude is prescribed. This regulatory frequent and routine amendments are Designated as an Extension to a Class D action is needed because of changes necessary to keep them operationally Surface Area. occurring in the National Airspace current. It, therefore—(1) Is not a * * * * * System. These changes are designed to ‘‘significant regulatory action’’ under AAL AK E4 King Salmon, AK [Revised] provide for the safe and efficient use of Executive Order 12866; (2) is not a the navigable airspace under instrument ‘‘significant rule’’ under DOT King Salmon, King Salmon Airport, AK conditions in the affected areas. Regulatory Policies and Procedures (44 (Lat. 58°40′35″ N., long. 156°38′55″ W.) DATES: Effective Date: 0901 UTC, March FR 11034; February 26, 1979); and (3) That airspace extending upward from the does not warrant preparation of a ° 12, 2009. surface within 4 miles either side of the 312 regulatory evaluation as the anticipated bearing from the King Salmon Airport, AK, FOR FURTHER INFORMATION CONTACT: Harry Hodges, Flight Procedure impact is so minimal. For the same to 10.7 miles northwest of the King Salmon reason, the FAA certifies that this Airport, AK. Standards Branch (AMCAFS–420), amendment will not have a significant * * * * * Flight Technologies and Programs Division, Flight Standards Service, economic impact on a substantial Paragraph 6005 Class E Airspace Extending Federal Aviation Administration, Mike number of small entities under the Upward from 700 Feet or More Above the Monroney Aeronautical Center, 6500 criteria of the Regulatory Flexibility Act. Surface of the Earth. South MacArthur Blvd., Oklahoma City, List of Subjects in 14 CFR Part 95 * * * * * OK 73169 (Mail Address: P.O. Box Airspace, Navigation (air). AAL AK E5 King Salmon, AK [Revised] 25082 Oklahoma City, OK 73125) telephone: (405) 954–4164. Issued in Washington, DC on February 13, King Salmon, King Salmon Airport, AK 2009. (Lat. 58°40′35″ N., long. 156°38′55″ W.) SUPPLEMENTARY INFORMATION: This John M. Allen, King Salmon VORTAC amendment to part 95 of the Federal (Lat. 58°43′29″ N., long. 156°45′08″ W.) Aviation Regulations (14 CFR part 95) Director, Flight Standards Service. That airspace extending upward from 700 amends, suspends, or revokes IFR Adoption of the Amendment feet above the surface within a 6.9-mile altitudes governing the operation of all radius of the King Salmon Airport, AK, and aircraft in flight over a specified route ■ Accordingly, pursuant to the authority within 5 miles north and 9 miles south of the or any portion of that route, as well as delegated to me by the Administrator, 132° radial of the King Salmon VORTAC, AK, the changeover points (COPs) for part 95 of the Federal Aviation extending from the King Salmon VORTAC, Federal airways, jet routes, or direct Regulations (14 CFR part 95) is AK, to 36 miles southeast of the King Salmon routes as prescribed in part 95. amended as follows effective at 0901 VORTAC, AK, and within 3.9 miles either The Rule UTC, March 12,2009. side of the 312° radial of the King Salmon ■ 1. The authority citation for part 95 VORTAC, AK, extending from the 6.9-mile The specified IFR altitudes, when continues to read as follows: radius to 13.9 miles northwest of the King used in conjunction with the prescribed Salmon VORTAC, AK; and that airspace changeover points for those routes, Authority: 49 U.S.C. 106(g), 40103, 40106, 40113, 40114, 40120, 44502, 44514, 44719, extending upward from 1,200 feet above the ensure navigation aid coverage that is 44721. surface within a 73-mile radius of the King adequate for safe flight operations and Salmon Airport, AK. free of frequency interference. The ■ 2. Part 95 is amended to read as * * * * * reasons and circumstances that create follows:

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REVISIONS TO IFR ALTITUDES AND CHANGEOVER POINTS [Amendment 479 effective date March 12, 2009]

From To MEA MAA

§ 95.4000 High Altitude RNAV Routes is Added to Read § 95.4254 RNAV Route T254

LAKE CHARLES, LA VORTAC ...... CREPO, TX FIX ...... 2200 10000 CREPO, TX FIX ...... EAKES, TX FIX ...... 3100 10000 EAKES, TX FIX ...... COLLEGE STATION, TX VORTAC ...... 3000 10000 COLLEGE STATION, TX VORTAC ...... CENTEX, TX VORTAC ...... *3000 10000 *2100—MOCA.

From To MEA

§ 95.6001 Victor Routes—U.S. is Amended to Read in Part § 95.6002 VOR Federal Airway V2

JAMESTOWN, ND VOR/DME ...... *CHAFE, ND FIX ...... 3300 *6000—MRA

§ 95.6012 VOR Federal Airway V12 is Amended to Read in Part

ALLEGHENY, PA VOR/DME ...... MILWO, PA FIX ...... 4000

§ 95.6014 VOR Federal Airway V14 is Amended to Read in Part

#BUFFALO, NY VOR/DME ...... GENESEO, NY VOR/DME ...... 4000 #BUF R–106 UNUSABLE

§ 95.6018 VOR Federal Airway V18 is Amended to Read in Part

LASHE, SC FIX ...... NORMS, SC FIX ...... *3000 *2100—MOCA

§ 95.6026 VOR Federal Airway V26 is Amended to Read in Part

CHEROKEE, WY VOR/DME ...... *ALCOS, WY FIX ...... 11600 *9900—MRA *ALCOS, WY FIX MUDDY MOUNTAIN, WY VORTAC ...... NE BND ...... **8400 SW BND ...... **9700 *9900—MRA **7900—MOCA

§ 95.6037 VOR Federal Airway V37 is Amended to Read in Part

ALLENDALE, SC VOR ...... COLUMBIA, SC VORTAC ...... *3000 *2000—GNSS MEA

§ 95.6070 VOR Federal Airway V70 is Amended to Read in Part

PALACIOS, TX VORTAC ...... SCHOLES, TX VORTAC ...... 2600

§ 95.6084 VOR Federal Airway V84 is Amended to Read in Part

#BUFFALO, NY VOR/DME ...... GENESEO, NY VOR/DME ...... 4000 #BUF R–106 UNUSABLE

§ 95.6129 VOR Federal Airway V129 is Amended to Read in Part

EAU CLAIRE, WI VORTAC ...... DULUTH, MN VORTAC ...... *4000 *3100—MOCA

§ 95.6139 VOR Federal Airway V139 is Amended to Read in Part

PLUME, NJ FIX ...... *KOPPY, NY FIX ...... **4000 *5000—MRA **3000—MOCA **3000—GNSS MEA *KOPPY, NY FIX ...... BEADS, NY FIX ...... **4000 *5000—MRA **3000—MOCA **3000—GNSS MEA

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From To MEA

§ 95.6170 VOR Federal Airway V170 is Amended to Read in Part

WORTHINGTON, MN VOR/DME ...... FAIRMONT, MN VOR/DME ...... 3300

§ 95.6250 VOR Federal Airway V250 is Amended to Read in Part

WORTHINGTON, MN VOR/DME ...... MANKATO, MN VOR/DME ...... 3400

§ 95.6268 VOR Federal Airway V268 is Amended to Read in Part

PLUME, NJ FIX ...... *KOPPY, NY FIX ...... **4000 *5000—MRA **3000—MOCA **3000—GNSS MEA *KOPPY, NY FIX ...... BEADS, NY FIX ...... **4000 *5000—MRA **3000—MOCA **3000—GNSS MEA

§ 95.6286 VOR Federal Airway V286 is Amended to Read in Part

BROOKE, VA VORTAC ...... ZUNAR, VA FIX ...... 3000 ZUNAR, VA FIX ...... GWYNN, VA FIX ...... 2000 GWYNN, VA FIX ...... CAPE CHARLES, VA VORTAC ...... *2000 *1500—MOCA

§ 95.6308 VOR Federal Airway V308 is Amended to Read in Part

NOTTINGHAM, MD VORTAC ...... *BILIT, MD FIX ...... **6000 *6000—MCA BILIT, MD FIX, W BND **1600—MOCA **2000—GNSS MEA BILIT, MD FIX ...... WATERLOO, DE VOR/DME ...... *2000 *1500—MOCA PLUME, NJ FIX ...... *KOPPY, NY FIX ...... **4000 *5000—MRA **3000—MOCA **3000—GNSS MEA *KOPPY, NY FIX ...... BEADS, NY FIX ...... **4000 *5000—MRA **3000—MOCA **3000—GNSS MEA

§ 95.6345 VOR Federal Airway V345 is Amended to Read in Part

EAU CLAIRE, WI VORTAC ...... *HOMLO, WI FIX ...... **5200 *10000—MRA **3100—MOCA **4000—GNSS MEA *HOMLO, WI FIX ...... HAYWARD, WI VOR/DME ...... **10000 *10000—MRA **3100—MOCA **4000—GNSS MEA HAYWARD, WI VOR/DME ...... *GRASS, WI FIX ...... #**10000 *6000—MRA **3000—MOCA **4000—GNSS MEA #UNUSABLE BELOW 10000 *GRASS, WI FIX ...... ASHLAND, WI VOR/DME ...... **4000 *6000—MRA **2900—MOCA **3000—GNSS MEA

§ 95.6362 VOR Federal Airway V362 is Amended to Read in Part

BRUNSWICK, GA VORTAC ...... *HABLE, GA FIX ...... **3000 *10000—MCA HABLE, GA FIX, NW BND **1700—MOCA HABLE, GA FIX ...... ALMA, GA VORTAC ...... *10000 *1700—MOCA *3000—GNSS MEA

§ 95.6394 VOR Federal Airway V394 is Amended to Read in Part

DAGGETT, CA VORTAC ...... OASYS, NV FIX ...... *12000

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From To MEA

*9500—MOCA *10000—GNSS MEA

§ 95.6500 VOR Federal Airway V500 is Amended to Read in Part

NEWBERG, OR VOR/DME ...... GLARA, OR FIX ...... 4000 GLARA, OR FIX ...... *HARZL, OR FIX ...... W BND ...... **7200 E BND ...... **10000 *7200—MRA **6600—MOCA **7000—GNSS MEA *HARZL, OR FIX ...... RATZZ, OR FIX ...... E BND ...... **10000 W BND ...... **8000 *7200—MRA **7400—MOCA **8000—GNSS MEA RATZZ, OR FIX ...... *GASHE, OR FIX ...... **10000 *10000—MRA **8000—MOCA **8000—GNSS MEA *GASHE, OR FIX ...... KIMBERLY, OR VORTAC ...... **9200 *10000—MRA **8200—MOCA

§ 95.6510 VOR Federal Airway V510 is Amended to Read in Part

JAMESTOWN, ND VOR/DME ...... *CHAFE, ND FIX ...... 3300 *6000—MRA

§ 95.6562 VOR Federal Airway V562 is Amended to Read in Part

*FERER, AZ FIX ...... DRAKE, AZ VORTAC ...... **10000 *12000—MRA **9200—MOCA

§ 95.6567 VOR Federal Airway V567 is Amended to Read in Part

*FERER, AZ FIX ...... WINSLOW, AZ VORTAC ...... **14000 *12000—MRA **10000—GNSS MEA

§ 95.6589 VOR Federal Airway V589 is Amended to Read in Part

MEDICINE BOW, WY VOR/DME ...... *ALCOS, WY FIX ...... 9900 *9900—MRA *ALCOS, WY FIX ...... MUDDY MOUNTAIN, WY VORTAC ...... NE BND ...... **8400 SW BND ...... **9700 *9900—MRA **7900—MOCA

§ 95.6605 VOR Federal Airway V605 is Amended to Read in Part

HOLSTON MOUNTAIN, TN VORTAC ...... *GENOD, NC FIX ...... 8500 *15000—MRA *GENOD, NC FIX ...... SPARTANBURG, SC VORTAC ...... **15000 *15000—MRA **4200—MOCA **5000—GNSS MEA

§ 95.6319 Alaska VOR Federal Airway V319 is Amended to Read in Part

EYAKS, AK FIX ...... *JOHNSTONE POINT, AK VOR/DME ...... 5000 *4800—MCA JOHNSTONE POINT, AK VOR/DME , E BND JOHNSTONE POINT, AK VOR/DME ...... *EDELE, AK FIX ...... 4400 *8000—MCA EDELE, AK FIX , W BND EDELE, AK FIX ...... WILER, AK FIX ...... W BND ...... *10000 E BND ...... *8000 *5900—MOCA *6000—GNSS MEA

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From To MEA MAA

§ 95.7001 Jet Routes § 95.7042 Jet Route J42 is Amended to Read in Part

FOUNT, KY FIX ...... TONIO, KY FIX ...... *20000 35000 *18000—GNSS MEA TONIO, KY FIX ...... #BECKLEY, WV VORTAC ...... *18000 35000 *18000—GNSS MEA #BKW R–257 UNSUSABLE.

§ 95.7083 Jet Route J83 is Amended to Read in Part

#APPLETON, OH VORTAC ...... DRYER, OH VOR/DME ...... 18000 45000 #APE R–021 UNUSABLE. Airway segment Changeover points From To Distance From

§ 95.8003 VOR Federal Airway Changeover Points is Amended to Delete Changeover Point

ROCHESTER, NY VOR/DME ...... ROCHESTER, NY VOR/DME ...... 13 Rochester

V20 is Amended to Add Changeover Point

PALACIOS, TX VORTAC ...... HOBBY, TX VOR/DME ...... 41 Palacios

V166 is Amended to Add Changeover Point

WESTMINSTER, MD VORTAC ...... DUPONT, DE VORTAC ...... 40 Westminster

[FR Doc. E9–3914 Filed 2–23–09; 8:45 am] SIAP, associated Takeoff Minimums, 2. The FAA Regional Office of the BILLING CODE 4910–13–P and ODP is specified in the amendatory region in which the affected airport is provisions. located. The incorporation by reference of FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF TRANSPORTATION certain publications listed in the Harry J. Hodges, Flight Procedure regulations is approved by the Director Standards Branch (AFS–420) Flight 14 CFR Part 97 of the Federal Register as of February Technologies and Programs Division, 24, 2009. [Docket No. 30650; Amdt. No. 3307] Flight Standards Service, Federal ADDRESSES: Availability of matter Aviation Administration, Mike Standard Instrument Approach incorporated by reference in the Monroney Aeronautical Center, 6500 Procedures, and Takeoff Minimums amendment is as follows: South MacArthur Blvd., Oklahoma City, and Obstacle Departure Procedures; For Examination— OK 73169 (Mail Address: P.O. Box Miscellaneous Amendments 1. FAA Rules Docket, FAA 25082, Oklahoma City, OK 73125) Headquarters Building, 800 AGENCY: telephone: (405) 954–4164. Federal Aviation Independence Avenue, SW., Administration (FAA), DOT. Washington, DC 20591; SUPPLEMENTARY INFORMATION: This rule ACTION: Final rule. 2. The FAA Regional Office of the amends Title 14, Code of Federal region in which the affected airport is Regulations, Part 97 (14 CFR part 97) by SUMMARY: This rule establishes, amends, amending the referenced SIAPs. The suspends, or revokes Standard located; 3. The National Flight Procedures complete regulatory description of each Instrument Approach Procedures Office, 6500 South MacArthur Blvd., SIAP is listed on the appropriate FAA (SIAPs) and associated Takeoff Oklahoma City, OK 73169 or Form 8260, as modified by the National Minimums and Obstacle Departure 4. The National Archives and Records Flight Data Center (FDC)/Permanent Procedures for operations at certain Administration (NARA). For Notice to Airmen (P-NOTAM), and is airports. These regulatory actions are information on the availability of this incorporated by reference in the needed because of the adoption of new material at NARA, call 202–741–6030, amendment under 5 U.S.C. 552(a), 1 or revised criteria, or because of changes or go to: http://www.archives.gov/ CFR part 51, and § 97.20 of Title 14 of occurring in the National Airspace federal_register/ the Code of Federal Regulations. System, such as the commissioning of code_of_federal_regulations/ The large number of SIAPs, their new navigational facilities, adding new ibr_locations.html. complex nature, and the need for a obstacles, or changing air traffic Availability—All SIAPs are available special format make their verbatim requirements. These changes are online free of charge. Visit http:// publication in the Federal Register designed to provide safe and efficient nfdc.faa.gov to register. Additionally, expensive and impractical. Further, use of the navigable airspace and to individual SIAP and Takeoff Minimums airmen do not use the regulatory text of promote safe flight operations under and ODP copies may be obtained from: the SIAPs, but refer to their graphic instrument flight rules at the affected 1. FAA Public Inquiry Center (APA– depiction on charts printed by airports. 200), FAA Headquarters Building, 800 publishers of aeronautical materials. DATES: This rule is effective February Independence Avenue, SW., Thus, the advantages of incorporation 24, 2009. The compliance date for each Washington, DC 20591; or by reference are realized and

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publication of the complete description making them effective in less than 30 Issued in Washington, DC on January 23, of each SIAP contained in FAA form days. 2009. documents is unnecessary. This Because of the close and immediate John M. Allen, amendment provides the affected CFR relationship between these SIAPs and Director, Flight Standards Service. sections and specifies the types of SIAP safety in air commerce, I find that notice and the corresponding effective dates. and public procedure before adopting Adoption of the Amendment This amendment also identifies the these SIAPs are impracticable and ■ airport and its location, the procedure contrary to the public interest and, Accordingly, pursuant to the authority and the amendment number. where applicable, that good cause exists delegated to me, Title 14, Code of for making these SIAPs effective in less Federal Regulations, Part 97, 14 CFR The Rule than 30 days. part 97, is amended by amending Conclusion Standard Instrument Approach This amendment to 14 CFR part 97 is Procedures, effective at 0901 UTC on effective upon publication of each The FAA has determined that this the dates specified, as follows: separate SIAP as amended in the regulation only involves an established transmittal. For safety and timeliness of body of technical regulations for which PART 97—STANDARD INSTRUMENT change considerations, this amendment frequent and routine amendments are APPROACH PROCEDURES incorporates only specific changes necessary to keep them operationally contained for each SIAP as modified by current. It, therefore—(1) is not a ■ 1. The authority citation for part 97 FDC/P–NOTAMs. ‘‘significant regulatory action’’ under continues to read as follows: Executive Order 12866; (2) is not a The SIAPs, as modified by FDC P– Authority: 49 U.S.C. 106(g), 40103, 40106, NOTAM, and contained in this ‘‘significant rule’’ under DOT regulatory Policies and Procedures (44 FR 11034; 40113, 40114, 40120, 44502, 44514, 44701, amendment are based on the criteria February 26, 1979); and (3) does not 44719, 44721–44722. contained in the U.S. Standard for warrant preparation of a regulatory Terminal Instrument Procedures ■ evaluation as the anticipated impact is 2. Part 97 is amended to read as (TERPS). In developing these changes to so minimal. For the same reason, the follows: SIAPs, the TERPS criteria were applied FAA certifies that this amendment will By amending: § 97.23 VOR, VOR/ only to specific conditions existing at not have a significant economic impact DME, VOR or TACAN, and VOR/DME the affected airports. All SIAP on a substantial number of small entities or TACAN; § 97.25 LOC, LOC/DME, amendments in this rule have been under the criteria of the Regulatory LDA, LDA/DME, SDF, SDF/DME; previously issued by the FAA in a FDC Flexibility Act. § 97.27 NDB, NDB/DME; § 97.29 ILS, NOTAM as an emergency action of ILS/DME, ISMLS, MLS/DME, MLS/ immediate flight safety relating directly List of Subjects in 14 CFR Part 97 RNAV; § 97.31 RADAR SIAPs; § 97.33 to published aeronautical charts. The Air Traffic Control, Airports, RNAV SIAPs; and § 97.35 COPTER circumstances which created the need Incorporation by reference, and SIAPs, for all these SIAP amendments requires Navigation (Air).

FDC date State City Airport FDC No. Subject

01/06/09 ... NJ WOODBINE ...... WOODBINE MUNI ...... 9/0353 GPS RWY 19, ORIG-A 01/07/09 ... TN TRULLAHOMA ...... TULLAHOMA GNL/WM NORTHERN 9/0398 VOR RWY 24, ORIG-A FLD. 01/07/09 ... TN TULLAHOMA ...... TULLAHOMA RGNL/WM NORTHERN 9/0399 RNAV (GPS) RWY 18, FLD. ORIG 01/07/09 ... TN TULLAHOMA ...... TULLAHOMA RGNL/WM NORTHERN 9/0412 RNAV (GPS) RWY 24, FLD. ORIG-B 01/07/09 ... HI HILO ...... HILO INTL...... 9/0577 ILS RWY 26, AMDT 12A 01/07/09 ... HI HILO ...... HILO INTL...... 9/0581 VOR/DME OR TACAN RWY 26, AMDT 5B 01/07/09 ... HI HILO ...... HILO INTL...... 9/0582 VOR/DME OR TACAN-A, AMDT 7A 01/07/09 ... HI HILO ...... HILO INTL...... 9/0583 VOR-B, ORIG-A 01/07/09 ... WA WALLA WALLA ...... WALLA WALLA REGIONAL ...... 9/0603 NDB RWY 20, AMDT 5A 01/06/09 ... MN BEMIDJI ...... BEMIDJI RGNL ...... 9/0635 ILS OR LOC RWY 31, AMDT 4 01/08/09 ... IL CHICAGO ...... CHICAGO-O HARE INTL ...... 9/0639 ILS OR LOC RWY 9R, AMDT 9 01/08/09 ... IL CHICAGO ...... CHICAGO-O HARE INTL ...... 9/0640 ILS OR LOC RWY 27L, ILS RWY 27L (CAT II), ILS RWY 27L (CAT III), AMDT 28 01/08/09 ... IL CHICAGO ...... CHICAGO-O HARE INTL ...... 9/0641 ILS OR LOC RWY 9L, ILS RWY 9L (CAT II), ILS RWY 9L (CAT III), ORIG 01/08/09 ... IL CHICAGO ...... CHICAGO-O HARE INTL ...... 9/0642 ILS OR LOC RWY 27R, ILS RWY 27R (CAT II), ILS RWY 27R (CAT III), ORIG 01/08/09 ... IL CHICAGO ...... CHICAGO-O HARE INTL ...... 9/0643 TAKEOFF MINIMUMS AND OBSTACLE DP, AMDT 16

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FDC date State City Airport FDC No. Subject

01/08/09 ... MN MINNEAPOLIS ...... MINNEAPOLIS-ST PAUL INTL/WOLD 9/0652 ILS OR LOC RWY 35, ILS CHAMBERLAIN. RWY 35 (CAT II), ILS RWY 35 (CAT III), AMDT 1 01/08/09 ... GQ AGANA ...... GUAM INTL...... 9/0787 RNAV (RNP) Z RWY 6L, ORIG-A 01/12/09 ... WA PUYALLUP ...... PIERCE COUNTY-THUN FIELD ...... 9/1072 TAKEOFF MINIMUMS AND OBSTACLE DP, AMDT 1 01/12/09 ... CA SAN BERNARDINO ...... SAN BERNARDINO INTL ...... 9/1074 ILS OR LOC Z RWY 6, AMDT 2A 01/13/09 ... NC WILSON ...... WILSON INDUSTRIAL AIR CENTER 9/1202 RNAV (GPS) RWY 9, AMDT 1 01/13/09 ... NC WILSON ...... WILSON INDUSTRIAL AIR CENTER 9/1203 RNAV (GPS) RWY 21, ORIG 01/13/09 ... NC WILSON ...... WILSON INDUSTRIAL AIR CENTER 9/1204 RNAV (GPS) RWY 15, AMDT 1 01/13/09 ... NC WILSON ...... WILSON INDUSTRIAL AIR CENTER 9/1205 RNAV (GPS) RWY 33, ORIG 01/13/09 ... NC WILSON ...... WILSON INDUSTRIAL AIR CENTER 9/1206 RNAV (GPS) RWY 3, AMDT 1 01/13/09 ... AZ PHOENIX ...... PHOENIX SKY HARBOR INTL ...... 9/1273 TAKEOFF MINIMUMS AND OBSTACLE DP, AMDT 4 01/13/09 ... AZ PHOENIX ...... PHOENIX SKY HARBOR INTL ...... 9/1274 ILS OR LOC RWY 7R, AMDT 1C 01/13/09 ... AZ PHOENIX ...... PHOENIX SKY HARBOR INTL ...... 9/1275 ILS OR LOC RWY 8, ORIG-A 01/13/09 ... AZ PHOENIX ...... PHOENIX SKY HARBOR INTL ...... 9/1276 ILS OR LOC RWY 26, ORIG-B 01/13/09 ... AZ PHOENIX ...... PHOENIX SKY HARBOR INTL ...... 9/1277 ILS RWY 25L, AMDT 1B 01/13/09 ... AZ PHOENIX ...... PHOENIX SKY HARBOR INTL ...... 9/1278 ILS OR LOC RWY 7L, AMDT 10B 01/14/09 ... AL MUSCLE SHOALS ...... NORTHWEST ALABAMA REGIONAL 9/1355 VOR RWY 29, AMDT 27 01/14/09 ... CA SANTA ANA ...... JOHN WAYNE-ORANGE COUNTY ... 9/1413 RNAV (GPS) RWY 19R, AMDT 1 01/15/09 ... TX MOUNT PLEASANT ...... MOUNT PLEASANT RGNL ...... 9/1597 VOR/DME A, ORIG 01/15/09 ... CO DURANGO ...... DURANGO-LA PLATA COUNTY ...... 9/1650 VOR/DME RWY 2, AMDT 4B 01/15/09 ... AS PAGO PAGO ...... PAGO PAGO INTL ...... 9/1651 TAKEOFF MINIMUMS AND OBSTACLE DP, ORIG 01/15/09 ... AS PAGO PAGO ...... PAGO PAGO INTL ...... 9/1652 ILS/DME RWY 5, AMDT 13C 01/15/09 ... AS PAGO PAGO ...... PAGO PAGO INTL ...... 9/1654 NDB-C, AMDT 6A 01/15/09 ... AS PAGO PAGO ...... PAGO PAGO INTL ...... 9/1655 VOR/DME OR TACAN-B, AMDT 5B 01/15/09 ... AS PAGO PAGO ...... PAGO PAGO INTL ...... 9/1657 VOR/DME OR TACAN-A, AMDT 4 01/15/09 ... ID COEUR D ALENE ...... COEUR D ALENE AIR TERMINAL .... 9/1668 VOR RWY 5, ORIG 01/15/09 ... ID COEUR D ALENE ...... COEUR D ALENE AIR TERMINAL .... 9/1669 VOR/DME RWY 1, AMDT 1 01/15/09 ... ID COEUR D ALENE ...... COEUR D ALENE AIR TERMINAL .... 9/1670 NDB RWY 5, AMDT 2 01/15/09 ... ID COEUR D ALENE ...... COEUR D ALENE AIR TERMINAL .... 9/1671 ILS OR LOC/DME RWY 5, AMDT 5 01/16/09 ... FL TALLAHASSEE ...... TALLAHASSEE REGIONAL ...... 9/1948 ILS OR LOC RWY 27, AMDT 9 01/16/09 ... OH COLUMBUS ...... RICKENBACKER INTL ...... 9/2429 ILS RWY 5R, ILS RWY 5R (CAT II), AMDT 2 01/16/09 ... OH CLEVELAND ...... CLEVELAND-HOPKINS INTL ...... 9/2430 ILS OR LOC RWY 24L, AMDT 21 01/16/09 ... OH COLUMBUS ...... RICKENBACKER INTL ...... 9/2432 ILS RWY 23L, ORIG-D

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[FR Doc. E9–3000 Filed 2–23–09; 8:45 am] federal_register/ The Rule BILLING CODE 4910–13–P code_of_federal_regulations/ ibr_locations.html. This amendment to 14 CFR part 97 is effective upon publication of each Availability—All SIAPs and Takeoff DEPARTMENT OF TRANSPORTATION separate SIAP, Takeoff Minimums and Minimums and ODPs are available ODP as contained in the transmittal. Federal Aviation Administration online free of charge. Visit http:// Some SIAP and Takeoff Minimums and www.nfdc.faa.gov to register. textual ODP amendments may have 14 CFR Part 97 Additionally, individual SIAP and been issued previously by the FAA in a Takeoff Minimums and ODP copies may Flight Data Center (FDC) Notice to [Docket No. 30649 Amdt. No 3306] be obtained from: Airmen (NOTAM) as an emergency 1. FAA Public Inquiry Center (APA– Standard Instrument Approach action of immediate flight safety relating 200), FAA Headquarters Building, 800 Procedures, and Takeoff Minimums directly to published aeronautical Independence Avenue, SW., and Obstacle Departure Procedures; charts. The circumstances which Washington, DC 20591; or Miscellaneous Amendments created the need for some SIAP and 2. The FAA Regional Office of the Takeoff Minimums and ODP AGENCY: Federal Aviation region in which the affected airport is amendments may require making them Administration (FAA), DOT. located. effective in less than 30 days. For the ACTION: Final rule. remaining SIAPS and Takeoff FOR FURTHER INFORMATION CONTACT: Minimums and ODPS, an effective date SUMMARY: This establishes, amends, Harry J. Hodges, Flight Procedure at least 30 days after publication is suspends, or revokes Standard Standards Branch (AFS–420), Flight provided. Instrument Approach Procedures Technologies and Programs Divisions, Further, the SIAPs and Takeoff (SIAPs) and associated Takeoff Flight Standards Service, Federal Minimums and ODPS contained in this Minimums and Obstacle Departure Aviation Administration, Mike amendment are based on the criteria Procedures for operations at certain Monroney Aeronautical Center, 6500 contained in the U.S. Standard for airports. These regulatory actions are South MacArthur Blvd., Oklahoma City, Terminal Instrument Procedures needed because of the adoption of new OK 73169 (Mail Address: P.O. Box (TERPS). In developing these SIAPS and or revised criteria, or because of changes 25082, Oklahoma City, OK 73125) Takeoff Minimums and ODPs, the occurring in the National Airspace Telephone: (405) 954–4164. TERPS criteria were applied to the System, such as the commissioning of SUPPLEMENTARY INFORMATION: This rule conditions existing or anticipated at the new navigational facilities, adding new amends Title 14 of the Code of Federal affected airports. Because of the close obstacles, or changing air traffic Regulations, Part 97 (14 CFR part 97), by and immediate relationship between requirements. These changes are establishing, amending, suspending, or these SIAPs, Takeoff Minimums and designed to provide safe and efficient revoking SIAPS, Takeoff Minimums ODPs, and safety in air commerce, I find use of the navigable airspace and to and/or ODPS. The complete regulators that notice and public procedures before promote safe flight operations under description of each SIAP and its adopting these SIAPS, Takeoff instrument flight rules at the affected associated Takeoff Minimums or ODP Minimums and ODPs are impracticable airports. for an identified airport is listed on FAA and contrary to the public interest and, DATES: This rule is effective February form documents which are incorporated where applicable, that good cause exists 24, 2009. The compliance date for each by reference in this amendment under 5 for making some SIAPs effective in less SIAP, associated Takeoff Minimums, U.S.C. 552(a), 1 CFR part 51, and 14 than 30 days. CFR part 97.20. The applicable FAA and ODP is specified in the amendatory Conclusion provisions. Forms are FAA Forms 8260–3, 8260–4, The incorporation by reference of 8260–5, 8260–15A, and 8260–15B when The FAA has determined that this certain publications listed in the required by an entry on 8260–15A. regulation only involves an established regulations is approved by the Director The large number of SIAPs, Takeoff body of technical regulations for which of the Federal Register as of February Minimums and ODPs, in addition to frequent and routine amendments are 24, 2009. their complex nature and the need for necessary to keep them operationally ADDRESSES: Availability of matters a special format make publication in the current. It, therefore—(1) is not a incorporated by reference in the Federal Register expensive and ‘‘significant regulatory action’’ under amendment is as follows: impractical. Furthermore, airmen do not Executive Order 12866; (2) is not a For Examination— use the regulatory text of the SIAPs, ‘‘significant rule ‘‘ under DOT 1. FAA Rules Docket, FAA Takeoff Minimums or ODPs, but instead Regulatory Policies and Procedures (44 Headquarters Building, 800 refer to their depiction on charts printed FR 11034; February 26,1979); and (3) Independence Avenue, SW., by publishers of aeronautical materials. does not warrant preparation of a Washington, DC 20591; The advantages of incorporation by regulatory evaluation as the anticipated 2.The FAA Regional Office of the reference are realized and publication of impact is so minimal. For the same region in which the affected airport is the complete description of each SIAP, reason, the FAA certifies that this located; Takeoff Minimums and ODP listed on amendment will not have a significant 3. The National Flight Procedures FAA forms is unnecessary. This economic impact on a substantial Office, 6500 South MacArthur Blvd., amendment provides the affected CFR number of small entities under the Oklahoma City, OK 73169 or sections and specifies the types of SIAPs criteria of the Regulatory Flexibility Act. 4. The National Archives and Records and the effective dates of the, associated List of Subjects in 14 CFR Part 97 Administration (NARA). For Takeoff Minimums and ODPs. This information on the availability of this amendment also identifies the airport Air Traffic Control, Airports, material at NARA, call 202–741–6030, and its location, the procedure, and the Incorporation by reference, and or go to: http://www.archives.gov/ amendment number. Navigation (Air).

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Issued in Washington, DC on January 23, Quincy, FL, Quincy Muni, RNAV (GPS) RWY Vivian, LA, Vivian, VOR/DME–A, Amdt 3 2009. 14, Orig Greenville, ME, Greenville Muni, RNAV John M. Allen, Quincy, FL, Quincy Muni, RNAV (GPS) RWY (GPS) RWY 14, Orig 32, Orig Benson, MN, Benson Muni, RNAV (GPS) Director, Flight Standards Service. Quincy, FL, Quincy Muni, Takeoff RWY 14, Amdt 1 Adoption of the Amendment Minimums and Obstacle DP, Orig Benson, MN, Benson Muni, RNAV (GPS) Quincy, FL, Quincy Muni, VOR/DME–A, RWY 32, Amdt 1 ■ Accordingly, pursuant to the authority Amdt 1 Thief River Falls, MN, Thief River Falls Rgnl, delegated to me, Title 14, Code of St Augustine, FL, St Augustine, GPS RWY ILS OR LOC RWY 31, Amdt 3 Federal Regulations, Part 97 (14 CFR 13, Orig–A, CANCELLED Thief River Falls, MN, Thief River Falls Rgnl, part 97) is amended by establishing, St Augustine, FL, St Augustine, GPS RWY NDB RWY 31, Amdt 2 amending, suspending, or revoking 31, Orig, CANCELLED Thief River Falls, MN, Thief River Falls Rgnl, St Augustine, FL, St Augustine, RNAV (GPS) Standard Instrument Approach RNAV (GPS) RWY 13, Orig RWY 13, Orig Thief River Falls, MN, Thief River Falls Rgnl, Procedures and/or Takeoff Minimums St Augustine, FL, St Augustine, RNAV (GPS) RNAV (GPS) RWY 31, Orig and/or Obstacle Departure Procedures RWY 31, Orig Thief River Falls, MN, Thief River Falls Rgnl, effective at 0902 UTC on the dates Atlanta, GA, Peachtree City-Falcon Field, ILS Takeoff Minimums and Obstacle DP, Orig specified, as follows: OR LOC RWY 31, Orig Thief River Falls, MN, Thief River Falls Rgnl, Atlanta, GA, Peachtree City-Falcon Field, VOR RWY 13, Amdt 9 PART 97—STANDARD INSTRUMENT LOC RWY 31, Amdt 1B, CANCELLED Fulton, MO, Elton Hensley Memorial, RNAV APPROACH PROCEDURES Atlanta, GA, Peachtree City-Falcon Field, (GPS) RWY 6, Amdt 1 RNAV (GPS) RWY 31, Amdt 1 Fulton, MO, Elton Hensley Memorial, RNAV ■ 1. The authority citation for part 97 Honolulu, HI, Honolulu Intl, HONOLULU (GPS) RWY 18, Orig continues to read as follows: ONE Graphic Obstacle DP Fulton, MO, Elton Hensley Memorial, RNAV Honolulu, HI, Honolulu Intl, Takeoff Authority: 49 U.S.C. 106(g), 40103, 40106, (GPS) RWY 24, Amdt 1 Minimums and Obstacle DP, Amdt 8 Fulton, MO, Elton Hensley Memorial, RNAV 40113, 40114, 40120, 44502, 44514, 44701, Atlantic, IA, Atlantic Muni, GPS RWY 12, 44719, 44721–44722. (GPS) RWY 36, Orig Amdt 1, CANCELLED Fulton, MO, Elton Hensley Memorial, ■ Atlantic, IA, Atlantic Muni, NDB RWY 12, Takeoff Minimums and Obstacle DP, Amdt 2. Part 97 is amended to read as Amdt 9B, CANCELLED follows: 1 Atlantic, IA, Atlantic Muni, RNAV (GPS) Fulton, MO, Elton Hensley Memorial, VOR– RWY 2, Orig Effective 12 FEB 2009 A, Amdt 4, Atlantic, IA, Atlantic Muni, RNAV (GPS) Jefferson City, MO, Jefferson City Memorial, San Francisco, CA, San Francisco Intl, ILS RWY 20, Orig GPS RWY 30, Orig-A, CANCELLED PRM RWY 28L (Simultaneous Close Atlantic, IA, Atlantic Muni, Takeoff Jefferson City, MO, Jefferson City Memorial, Parallel), Amdt 1A Minimums and Obstacle DP, Amdt 6 RNAV (GPS) RWY 12, Amdt 1 San Francisco, CA, San Francisco Intl, LDA Dubuque, IA, Dubuque Rgnl, RNAV (GPS) PRM RWY 28R (Simultaneous Close RWY 36, Orig Jefferson City, MO, Jefferson City Memorial, Parallel), Amdt 1A Sioux City, IA, Sioux Gateway/Col Bud Day RNAV (GPS) RWY 30, Orig Helena, MT, Helena Rgnl, RNAV (GPS) X Effective 12 MAR 2009 Field, GPS RWY 17, Amdt 1A, CANCELLED RWY 27, Amdt 1A Phoenix, AZ, Phoenix-Mesa Gateway, GPS Sioux City, IA, Sioux Gateway/Col Bud Day Helena, MT, Helena Rgnl, RNAV (GPS) Y RWY 30C, Orig, CANCELLED Field, RNAV (GPS) RWY 13, Orig RWY 9, Amdt 1A Phoenix, AZ, Phoenix-Mesa Gateway, ILS OR Sioux City, IA, Sioux Gateway/Col Bud Day Livingston, MT, Mission Field, LIVINGSTON LOC RWY 30C, Amdt 3 Field, RNAV (GPS) RWY 17, Orig ONE Graphic Obstacle DP Phoenix, AZ, Phoenix-Mesa Gateway, RNAV Sioux City, IA, Sioux Gateway/Col Bud Day Livingston, MT, Mission Field, Takeoff (GPS) RWY 30C, Orig Field, RNAV (GPS) RWY 31, Orig Minimums and Obstacle DP, Amdt 3 Phoenix, AZ, Phoenix-Mesa Gateway, VOR Sioux City, IA, Sioux Gateway/Col Bud Day Livingston, MT, Mission Field, VOR/DME–B, OR TACAN RWY 30C, Amdt 2 Field, VOR/DME OR TACAN Amdt 2 Calipatria, CA, Cliff Hatfield Memorial, RWY 13, Amdt 18 Albermarle, NC, Stanly County, Takeoff RNAV (GPS) RWY 8, Amdt 1 Sioux City, IA, Sioux Gateway/Col Bud Day Minimums and Obstacle DP, Orig Lodi, CA, Lodi, RNAV (GPS)–B, Orig Field, VOR OR TACAN Greenville, NC, Pitt-Greenville, RNAV (GPS) Lodi, CA, Lodi, VOR–A, Amdt 3 RWY 31, Amdt 26 RWY 8, Amdt 2 Twentynine Palms, CA, Twentynine Palms, Boise ID, Boise Air Terminal/Gowen Fld, ILS Greenville, NC, Pitt-Greenville, RNAV (GPS) RNAV (GPS) RWY 26, Amdt 1 OR LOC/DME RWY 28R, Orig RWY 20, Amdt 2 Twentynine Palms, CA, Twentynine Palms, Coeur D’Alene, ID, Coeur D’Alene-Pappy Greenville, NC, Pitt-Greenville, RNAV (GPS) VOR RWY 26, Amdt 2 Boyington Field, RNAV (GPS) RWY 5, RWY 26, Amdt 2 Alamosa, CO, San Luis Valley Rgnl/Bergman Orig–A Roanoke Rapids, NC, Halifax County, NDB Field, GPS RWY 2, Amdt 2, CANCELLED Iola, KS, Allen County, GPS RWY 1, Orig–B, OR GPS RWY 5, Amdt 3C, CANCELLED Alamosa, CO, San Luis Valley Rgnl/Bergman CANCELLED Wallace, NC, Henderson Field, Takeoff Field, ILS OR LOC RWY 2, Amdt 1 Iola, KS, Allen County, GPS RWY 19, Orig– Minimums and Obstacle DP, Orig Alamosa, CO, San Luis Valley Rgnl/Bergman B, CANCELLED Waxhaw, NC, Jaars-Townsend, GPS RWY 4, Field, RNAV (GPS) RWY 2, Orig Iola, KS, Allen County, NDB RWY 1, Amdt Orig, CANCELLED Alamosa, CO, San Luis Valley Rgnl/Bergman 2 Waxhaw, NC, Jaars-Townsend, GPS RWY 22, Field, RNAV (GPS) RWY 20, Amdt 1 Iola, KS, Allen County, RNAV (GPS) RWY 1, Orig, CANCELLED Pueblo, CO, Pueblo Memorial, RADAR–1, Orig Waxhaw, NC, Jaars-Townsend, RNAV (GPS) Amdt 7, CANCELLED Iola, KS, Allen County, RNAV (GPS) RWY RWY 4, Orig Washington, DC, Ronald Reagan Washington 19, Orig Waxhaw, NC, Jaars-Townsend, RNAV (GPS) Natl, VOR RWY 1, Amdt 13 Iola, KS, Allen County, Takeoff Minimums RWY 22, Orig Washington, DC, Washington Dulles Intl, ILS and Obstacle DP, Orig Waxhaw, NC, Jaars-Townsend, Takeoff OR LOC/DME RWY 1L; ILS RWY 1L (CAT Vivian, LA, Vivian, NDB RWY 9, Amdt 2 Minimums and Obstacle DP, Orig II); ILS RWY 1L (CAT II), Amdt 1 Vivian, LA, Vivian, RNAV (GPS) RWY 9, Waxhaw, NC, Jaars-Townsend, VOR/DME OR Washington, DC, Washington Dulles Intl, ILS Orig GPS–A, Amdt 3, CANCELLED OR LOC/DME RWY 19R; ILS RWY 19R Vivian, LA, Vivian, RNAV (GPS) RWY 27, Vincentown, NJ, Red Lion, RNAV (GPS) (CAT II); ILS RWY 19R (CAT III), Amdt 1 Orig RWY 5, Orig Marianna, FL, Marianna Muni, Takeoff Vivian, LA, Vivian, Takeoff Minimums and Vincentown, NJ, Red Lion, Takeoff Minimums and Obstacle DP, Orig Obstacle DP, Amdt 2 Minimums and Obstacle, DP, Amdt 1

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Vincentown, NJ, Red Lion, VOR–A, Amdt 6 DEPARTMENT OF COMMERCE Budget (OMB), by e-mail to Reno, NV, Reno/Tahoe Intl, LOC RWY 16R, [email protected], or by fax to (202) Amdt 7 Bureau of Industry and Security 395–7285; and to the Regulatory Policy Ogdensburg, NY, Ogdensburg Intl, LOC RWY Division, Bureau of Industry and 27, Amdt 3 15 CFR Part 744 Security, Department of Commerce, Dayton, OH, Greene County-Lewis A Jackson [Docket No. 0812241647–9151–01] 14th St. & Pennsylvania Avenue, NW., Rgnl, VOR–A, Orig Room 2705, Washington, DC 20230. Salem, OR, McNary Fld, ILS OR LOC RWY RIN 0694–AE51 Comments on this collection of 31, Amdt 29 information should be submitted Removal and Modification of Certain Salem, OR, McNary Fld, LOC BC RWY 13, separately from comments on the final Entries From the Entity List: Person Amdt 7 rule (i.e. RIN 0694–AE51)—all Removed Based on Removal Request Salem, OR, McNary Fld, RNAV (GPS) RWY comments on the latter should be and Clarification of Certain Entries 31, Amdt 2 submitted by one of the three methods Salem, OR, McNary Fld, RNAV (GPS) Y RWY AGENCY: Bureau of Industry and outlined above. 31, Orig–A, CANCELLED Security, Commerce. FOR FURTHER INFORMATION CONTACT: Mount Pocono, PA, Pocono Mountains Muni, RNAV (GPS) RWY 5, Orig ACTION: Final rule. Karen Nies-Vogel, End-User Review Mount Pocono, PA, Pocono Mountains Muni, Committee, Office of the Assistant SUMMARY: This rule amends the Export RNAV (GPS) RWY 13, Amdt 1 Secretary, Export Administration, Administration Regulations (EAR) by Mount Pocono, PA, Pocono Mountains Muni, Bureau of Industry and Security, removing a person from the Entity List RNAV (GPS) RWY 31, Orig Department of Commerce, Phone: (202) (Supplement No. 4 to Part 744). This Pageland, SC, Pageland, Takeoff Minimums 482–3811, Fax: (202) 482–3911, E-mail: person is being removed from the Entity and Obstacle DP, Orig [email protected]. Dallas-Fort Worth, TX, Dallas-Fort Worth List because the End-User Review SUPPLEMENTARY INFORMATION: Committee (ERC) decided to approve Intl, ILS OR LOC RWY 17L, ILS RWY 17L Background (CAT II), ILS RWY 17L (CAT III), Amdt 5A this person’s request for removal from Dallas-Fort Worth, TX, Dallas-Fort Worth the Entity List. In Supplement No. 4 to part 744 (The Intl, RNAV (GPS) RWY 17L, Amdt 3A This rule also makes a clarification for Entity List) of the EAR, this rule Dallas-Fort Worth, TX, Dallas-Fort Worth two persons that were listed on the removes one person from the Entity List Intl, RNAV (GPS) RWY 35R, Amdt 2A Entity List prior to this rule being on the basis of § 744.16 (Procedure for Manitowoc, WI, Manitowoc County, RNAV published to revise the addresses requesting removal or modification of (GPS) RWY 17, Amdt 1 provided for these listed persons. This an Entity List Entity) of the EAR. In Manitowoc, WI, Manitowoc County, RNAV rule updates the address information for addition, as a clarification, this rule (GPS) RWY 35, Amdt 1 these two persons by replacing incorrect modifies the entries for two listed Manitowoc, WI, Manitowoc County, Takeoff information. persons. The modifications to existing Minimums and Obstacle DP, Amdt 4 The Entity List provides notice to the entries include revising the addresses Manitowoc, WI, Manitowoc County, VOR/ public that certain exports and reexports for two listed persons in Malaysia that DME RWY 35, Amdt 1 to parties identified on the Entity List were listed on the Entity List prior to Moundsville, WV, Marshall County, GPS require a license from the Bureau of this rule being published. RWY 24, Orig, CANCELLED Industry and Security (BIS) and that On August 21, 2008 (73 FR 49311), Moundsville, WV, Marshall County, RNAV availability of License Exceptions in BIS published a final rule that expanded (GPS) RWY 6, Orig such transactions is limited. the Entity List by adding § 744.11 Moundsville, WV, Marshall County, RNAV DATES: Effective Date: This rule is (License Requirements that Apply to (GPS) RWY 24, Orig effective February 24, 2009. Although Entities Acting Contrary to the National Moundsville, WV, Marshall County, VOR/ there is no formal comment period, Security or Foreign Policy Interests of DME–A, Amdt 2 public comments on this regulation are the United States) to the EAR. Since the Parkersburg, WV, Mid-Ohio Valley Regional, welcome on a continuing basis. publication of that August 2008 rule, RNAV (GPS) RWY 3, Amdt 1 ADDRESSES: You may submit comments, BIS has published two final rules that Parkersburg, WV, Mid-Ohio Valley Regional, identified by RIN 0694–AE51, by any of added persons to the Entity List on the RNAV (GPS) RWY 21, Amdt 1 the following methods: basis of § 744.11 of the EAR. The first Parkersburg, WV, Mid-Ohio Valley Regional, E-mail: [email protected] rule that added persons to the Entity RNAV (GPS) Y RWY 3, Orig, CANCELLED Include ‘‘RIN 0694–AE51’’ in the List on the basis of § 744.11 of the EAR Parkersburg, WV, Mid-Ohio Valley Regional, subject line of the message. was published on September 22, 2008 RNAV (GPS) Y RWY 21, Orig, Fax: (202) 482–3355. Please alert the (73 FR 54499) and the second rule was CANCELLED Regulatory Policy Division, by calling published on December 5, 2008 (73 FR Parkersburg, WV, Mid-Ohio Valley Regional, (202) 482–2440, if you are faxing 73999). Takeoff Minimums and Obstacle DP, Amdt comments. In addition to adding § 744.11, the 2 Mail or Hand Delivery/Courier: Timothy August 2008 rule added § 744.16 and Parkersburg, WV, Mid-Ohio Valley Regional, Mooney, U.S. Department of Supplement No. 5 to part 744 to the VOR RWY 21, Amdt 17 Commerce, Bureau of Industry and EAR. Section 744.16 established a Gillette, WY, Gillette-Campbell County, Security, Regulatory Policy Division, formal procedure under the EAR Takeoff Minimums and Obstacle DP, Amdt 14th St. & Pennsylvania Avenue, NW., whereby persons listed on the Entity 4 Room 2705, Washington, DC 20230, List could submit to BIS in writing a [FR Doc. E9–3048 Filed 2–23–09; 8:45 am] Attn: RIN 0694–AE51. formal request for removal or BILLING CODE 4910–13–P Send comments regarding the modification of their listing on the collection of information associated Entity List. The procedures for with this rule, including suggestions for submitting these removal or reducing the burden, to Jasmeet K. modification requests were outlined in Seehra, Office of Management and § 744.16 and the review and decision

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process for the requests was outlined in Reminder To Consider Other End-Use/ Rulemaking Requirements Supplement No. 5 to part 744. End-User Controls 1. This rule has been determined to be ERC Entity List Decisions The removal of this one person from not significant for purposes of Executive the Entity List (from Hong Kong, as Order 12866. The ERC, composed of representatives described above) eliminates the existing 2. Notwithstanding any other of the Departments of Commerce, State, license requirement in Supplement No. provision of law, no person is required Defense, Energy and, where appropriate, 4 to part 744 for exports and reexports to respond to nor be subject to a penalty the Treasury, makes all decisions to this person. However, the removal of for failure to comply with a collection regarding additions to, removals from or this person from the Entity List does not of information, subject to the changes to the Entity List. The ERC is relieve persons of other obligations requirements of the Paperwork chaired by the Department of Commerce under part 744 of the EAR or under Reduction Act of 1995 (44 U.S.C. 3501 and makes all decisions to add an entry other parts of the EAR. Neither the et seq.) (PRA), unless that collection of to the Entity List by majority vote and removal of a person from the Entity List information displays a currently valid all decisions to remove or modify an nor the removal of Entity List-based Office of Management and Budget entry by unanimous vote. As noted in license requirements relieve persons of (OMB) Control Number. This regulation the preamble of the August 2008 final their obligations under General involves collections previously rule and in Supplement No. 5 to part Prohibition 5 in § 736.2(b)(5) of the EAR approved by the OMB under control 744, the activities of the ERC include which provides that, ‘‘you may not, numbers 0694–0088, ‘‘Multi-Purpose conducting an annual review of the without a license, knowingly export or Application,’’ which carries a burden Entity List to make a determination reexport any item subject to the EAR to hour estimate of 58 minutes to prepare whether any removals or modifications an end-user or end-use that is and submit form BIS–748. should be made. prohibited by part 744 of the EAR.’’ Nor Miscellaneous and recordkeeping Pursuant to Supplement No. 5 to Part do such removals relieve persons of activities account for 12 minutes per 744, the ERC determined that the their obligation to apply for export or submission. Total burden hours following Entity List entry should be reexport licenses required by other associated with the Paperwork removed, for the reasons provided provisions of the EAR. BIS strongly Reduction Act and Office and below. This rule implements this urges the use of Supplement No. 3 to Management and Budget control decision. In total, this rule removes one part 732 of the EAR, ‘‘BIS’s ’Know Your number 0694–0088 are expected to (1) entry from the Entity List and Customer’ Guidance and Red Flags,’’ increase slightly as a result of this rule. modifies two (2) additional entries, as when persons are involved in 3. This rule does not contain policies described below under Technical transactions that are subject to the EAR. with Federalism implications as that Update to Two Entities. Technical Update for Two Entities term is defined in Executive Order Removal Based Upon § 744.16 13132. This rule revises the addresses of two The person being removed with this 4. The provisions of the persons that were listed on the Entity Administrative Procedure Act (5 U.S.C. rule submitted a formal removal request List under Malaysia prior to this rule to BIS based upon the procedures 553) requiring notice of proposed being published to update the addresses rulemaking, the opportunity for public outlined in § 744.16 of the EAR. This provided for these listed persons. These one entity is located in Hong Kong: participation, and a delay in effective updated addresses will better assist the date, are inapplicable because this Hong Kong public in identifying these listed regulation involves a military or foreign persons. This rule revises the addresses (1) Britestone, 4/F, Chinabest affairs function of the United States. in Malaysia for these two persons, International Centre, 8 Kwai On Rd, (See 5 U.S.C. 553(a)(1)). Further, no respectively, as follows: Kwai Chung, N.T., Hong Kong. other law requires that a notice of As outlined in Supplement No. 5 to Malaysia proposed rulemaking and an opportunity for public comment be part 744, the ERC received and reviewed (2) Antcorp System, 5–02 Wisma given for this rule. Because a notice of this removal request submitted by this Pantai, Jalan Wisma Pantai 12200 proposed rulemaking and an listed entity. Based upon the review of Butterworth, Penang, Malaysia; 27–G opportunity for public comment are not the information provided in the removal Lorong Kelasah 2, Tamen Kelasah 13700 request submitted to BIS, in accordance Seberang Jaya, Penang, Malaysia; and required to be given for this rule by 5 with § 744.16 and further review that No. 9 Jalan 3/4C Desa Melawati 53100 U.S.C. 553, or by any other law, the was conducted by the ERC’s member Kuala Lumpur, Malaysia; and analytical requirements of the agencies of this end-user, the ERC (3) Mohd Ansari, 5–02 Wisma Pantai, Regulatory Flexibility Act, 5 U.S.C. 601 determined that this one person should Jalan Wisma Pantai 12200 Butterworth, et seq. , are not applicable. be removed from the Entity List. The Penang, Malaysia; 27–G Lorong Kelasah List of Subjects in 15 CFR Part 744 ERC decision to remove Britestone took 2, Tamen Kelasah 13700 Seberang Jaya, Exports, Reporting and recordkeeping into account Britestone’s cooperation Penang Malaysia; and No. 9 Jalan 3/4C requirements, Terrorism. with the U.S. Government, as well as Desa Melawati 53100 Kuala Lumpur ■ Britestone’s assurances of future Malaysia. Accordingly, part 744 of the Export compliance with the EAR. In Although the Export Administration Administration Regulations (15 CFR accordance with § 744.16(c), the Deputy Act expired on August 20, 2001, the parts 730–774) is amended as follows: Assistant Secretary for Export President, through Executive Order PART 744—[AMENDED] Administration has sent written 13222 of August 17, 2001, 3 CFR, 2001 notification to this person informing Comp., p. 783 (2002), as extended by the ■ 1. The authority citation for 15 CFR them of the ERC’s decision to remove Notice of July 23, 2008, 73 FR 43603 part 744 continues to read as follows: them from the Entity List. This final rule (July 23, 2008), has continued the Authority: 50 U.S.C. app. 2401 et seq.; 50 implements the decision to remove this Export Administration Regulations in U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; one Hong Kong person from the Entity effect under the International 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22 List. Emergency Economic Powers Act. U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR,

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1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 13224, 66 FR 49079, 3 CFR, 2001 Comp., p. 4/F, Chinabest International Centre, 8 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 786; Notice of July 23, 2008, 73 FR 43603 Kwai On Rd, Kwai Chung, N.T., Hong FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. (July 25, 2008); Notice of November 10, 2008, Kong’’; and 12947, 60 FR 5079, 3 CFR, 1995 Comp., p. 73 FR 67097 (November 12, 2008). 356; E.O. 13026, 61 FR 58767, 3 CFR, 1996 ■ 2. Supplement No. 4 to part 744 is (b) By revising under Malaysia, in Comp., p. 228; E.O. 13099, 63 FR 45167, 3 amended: alphabetical order, two Malaysian CFR, 1998 Comp., p. 208; E.O. 13222, 66 FR (a) By removing under Hong Kong, entities, to read as follows: 44025, 3 CFR, 2001 Comp., p. 783; E.O. this one Hong Kong entity ‘‘Britestone,

SUPPLEMENT NO. 4 TO PART 744—ENTITY LIST

License License review Federal Register Country Entity requirement policy citation

******* Malaysia

******* Antcorp System, 5–02 Wisma Pantai, Jalan Wisma Pantai For all items sub- Presumption of de- 73 FR 54508. 9/22/ 12200 Butterworth, Penang, Malaysia; 27–G Lorong ject to the EAR. nial. 08. Kelasah 2, Tamen Kelasah 13700 Seberang Jaya, (See § 744.11 of 74 FR [INSERT FR Penang, Malaysia; and No. 9 Jalan 3/4C Desa Melawati the EAR). PAGE NUM- 53100 Kuala Lumpur, Malaysia. BER]. 2/24/2009.

******* Mohd Ansari, 5–02 Wisma Pantai, Jalan Wisma Pantai For all items sub- Presumption of de- 73 FR 54508 9/22/ 12200 Butterworth, Penang, Malaysia; 27–G Lorong ject to the EAR. nial. 08. Kelasah 2, Tamen Kelasah 13700 Seberang Jaya, (See § 744.11 of 73 FR 74001 12/5/ Penang Malaysia; and No. 9 Jalan 3/4C Desa Melawati the EAR). 08. 53100 Kuala Lumpur Malaysia. 74 FR [INSERT FR PAGE NUM- BER]. 2/24/2009.

*******

Dated: February 19, 2009. fees for the use of linear rights-of-way contents of this document via the Matthew S. Borman, prepared by the United States Forest Internet through the Commission’s Acting Assistant Secretary for Export Service. Since the next fiscal year will Home Page (http://www.ferc.gov) and in Administration. cover the period from October 1, 2008 the Commission’s Public Reference [FR Doc. E9–3918 Filed 2–23–09; 8:45 am] through September 30, 2009 the fees in Room during normal business hours BILLING CODE 3510–33–P this notice will become effective (8:30 a.m. to 5 p.m. Eastern time) at 888 October 1, 2008. The fees will apply to First Street, NE., Room 2A, Washington, fiscal year 2009 annual charges for the DC 20426. DEPARTMENT OF ENERGY use of government lands. The Commission has concluded, with the From the Commission’s Home Page on the Internet, this information is Federal Energy Regulatory concurrence of the Administrator of the Commission Office of Information and Regulatory available in the eLibrary. The full text Affairs of OMB that this rule is not a of this document is available on 18 CFR Part 11 ‘‘major rule’’ as defined in section 251 eLibrary in PDF and MSWord format for of the Small Business Regulatory viewing, printing, and/or downloading. [Docket No. RM09–6–000] Enforcement Fairness Act of 1996, 5 To access this document in eLibrary, U.S.C. 804(2). type the docket number excluding the Update of the Federal Energy DATES: Effective Date: February 24, last three digits of this document in the Regulatory Commission’s Fees 2009. docket number field. Schedule for Annual Charges for the These fees apply for the fiscal period Use of Government Lands User assistance is available for from October 1, 2008 through eLibrary and the Commission’s Web site September 30, 2009. February 17, 2009. during normal business hours from AGENCY: Federal Energy Regulatory FOR FURTHER INFORMATION CONTACT: FERC’s Online Support at (202) 502– Commission. Fannie Kingsberry, Division of Financial 6652 (toll free 1–866 208–3676) or e- Services, Office of the Executive ACTION: Final rule; update of Federal mail at [email protected], or Director, Federal Energy Regulatory land use fees. the Public Reference Room at (202) 502– Commission, 888 First Street, NE., 8371, TTY (202) 502–8659. Email the SUMMARY: In accordance with the Washington, DC 20426, (202) 502–6108. Public Reference Room at Commission’s regulations, the SUPPLEMENTARY INFORMATION: Document [email protected]. Commission by its designee, the Availability: In addition to publishing Executive Director, is updating its the full text of this document in the schedule of fees for the use of Federal Register, the Commission government lands. The yearly update is provides all interested persons an based on the most recent schedule of opportunity to view and/or print the

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List of Subjects in 18 CFR Part 11 State County (Fee/acre/ State County (Fee/acre/ Electric power, Reporting and yr) yr) recordkeeping requirements. Alabama ...... Mobile ...... $69.31 Arkansas ...... Hot Spring ...... $34.66 Thomas R. Herlihy, Alabama ...... Monroe ...... $34.66 Arkansas ...... Howard ...... $34.66 Alabama ...... Montgomery ... $46.21 Arkansas ...... Independence $23.10 Executive Director, Office of the Executive Alabama ...... Morgan ...... $69.31 Arkansas ...... Izard ...... $23.10 Director. Alabama ...... Perry ...... $23.10 Arkansas ...... Jackson ...... $23.10 ■ Accordingly, the Commission amends Alabama ...... Pickens ...... $34.66 Arkansas ...... Jefferson ...... $23.10 part 11 of Chapter I, Title 18 of the Code Alabama ...... Pike ...... $34.66 Arkansas ...... Johnson ...... $46.21 of Federal Regulations, as follows: Alabama ...... Randolph ...... $46.21 Arkansas ...... Lafayette ...... $23.10 Alabama ...... Russell ...... $34.66 Arkansas ...... Lawrence ...... $34.66 PART 11—[AMENDED] Alabama ...... Shelby ...... $69.31 Arkansas ...... Lee ...... $23.10 Alabama ...... St. Clair ...... $46.21 Arkansas ...... Lincoln ...... $23.10 ■ 1. The authority citation for part 11 Alabama ...... Sumter ...... $23.10 Arkansas ...... Little River ...... $23.10 continues to read as follows: Alabama ...... Talladega ...... $69.31 Arkansas ...... Logan ...... $34.66 Authority: 16 U.S.C. 791a–825r; 42 U.S.C. Alabama ...... Tallapoosa ..... $34.66 Arkansas ...... Lonoke ...... $34.66 7101–7352. Alabama ...... Tuscaloosa .... $46.21 Arkansas ...... Madison ...... $34.66 Alabama ...... Walker ...... $34.66 Arkansas ...... Marion ...... $34.66 ■ 2. In part 11, Appendix A is revised Alabama ...... Washington .... $34.66 Arkansas ...... Miller ...... $23.10 to read as follows. Alabama ...... Wilcox ...... $23.10 Arkansas ...... Mississippi ..... $34.66 Alabama ...... Winston ...... $46.21 Arkansas ...... Monroe ...... $23.10 Appendix A to Part 11—Fee Schedule Alaska ...... Aleutian Is- $5.78 Arkansas ...... Montgomery ... $34.66 for FY 2009 lands Arkansas ...... Nevada ...... $23.10 Area.** Arkansas ...... Newton ...... $34.66 Alaska ...... Anchorage $46.21 Arkansas ...... Ouachita ...... $34.66 State County (Fee/acre/ yr) Area.** Arkansas ...... Perry ...... $34.66 Alaska ...... Fairbanks $23.10 Arkansas ...... Phillips ...... $23.10 Alabama ...... Autauga ...... $46.21 Area.** Arkansas ...... Pike ...... $34.66 Alabama ...... Baldwin ...... $69.31 Alaska ...... Juneau Area** $1,155.13 Arkansas ...... Poinsett ...... $34.66 Alabama ...... Barbour ...... $23.10 Alaska ...... Kenai Penin- $34.66 Arkansas ...... Polk ...... $34.66 Alabama ...... Bibb ...... $34.66 sula.** Arkansas ...... Pope ...... $46.21 Alabama ...... Blount ...... $69.31 Arizona ...... Apache ...... $5.78 Arkansas ...... Prairie ...... $23.10 Alabama ...... Bullock ...... $34.66 Arizona ...... Cochise ...... $23.10 Arkansas ...... Pulaski ...... $34.66 Alabama ...... Butler ...... $34.66 Arizona ...... Coconino ...... $5.78 Arkansas ...... Randolph ...... $34.66 Alabama ...... Calhoun ...... $69.31 Arizona ...... Gila ...... $5.78 Arkansas ...... Saline ...... $46.21 Alabama ...... Chambers ...... $23.10 Arizona ...... Graham ...... $11.55 Arkansas ...... Scott ...... $34.66 Alabama ...... Cherokee ...... $34.66 Arizona ...... Greenlee ...... $34.66 Arkansas ...... Searcy ...... $23.10 Alabama ...... Chilton ...... $34.66 Arizona ...... La Paz ...... $23.10 Arkansas ...... Sebastian ...... $46.21 Alabama ...... Choctaw ...... $34.66 Arizona ...... Maricopa ...... $69.31 Arkansas ...... Sevier ...... $34.66 Alabama ...... Clarke ...... $34.66 Arizona ...... Mohave ...... $11.55 Arkansas ...... Sharp ...... $23.10 Alabama ...... Clay ...... $34.66 Arizona ...... Navajo ...... $5.78 Arkansas ...... St. Francis ..... $23.10 Alabama ...... Cleburne ...... $46.21 Arizona ...... Pima ...... $5.78 Arkansas ...... Stone ...... $23.10 Alabama ...... Coffee ...... $23.10 Arizona ...... Pinal ...... $23.10 Arkansas ...... Union ...... $46.21 Alabama ...... Colbert ...... $34.66 Arizona ...... Santa Cruz ..... $34.66 Arkansas ...... Van Buren ...... $34.66 Alabama ...... Conecuh ...... $23.10 Arizona ...... Yavapai ...... $11.55 Arkansas ...... Washington .... $69.31 Alabama ...... Coosa ...... $34.66 Arizona ...... Yuma ...... $115.52 Arkansas ...... White ...... $34.66 Alabama ...... Covington ...... $34.66 Arkansas ...... Arkansas ...... $34.66 Arkansas ...... Woodruff ...... $23.10 Alabama ...... Crenshaw ...... $34.66 Arkansas ...... Ashley ...... $34.66 Arkansas ...... Yell ...... $34.66 Alabama ...... Cullman ...... $69.31 Arkansas ...... Baxter ...... $34.66 California ...... Alameda ...... $69.31 Alabama ...... Dale ...... $34.66 Arkansas ...... Benton ...... $69.31 California ...... Alpine ...... $46.21 Alabama ...... Dallas ...... $23.10 Arkansas ...... Boone ...... $34.66 California ...... Amador ...... $46.21 Alabama ...... DeKalb ...... $46.21 Arkansas ...... Bradley ...... $46.21 California ...... Butte ...... $115.52 Alabama ...... Elmore ...... $46.21 Arkansas ...... Calhoun ...... $34.66 California ...... Calaveras ...... $34.66 Alabama ...... Escambia ...... $34.66 Arkansas ...... Carroll ...... $34.66 California ...... Colusa ...... $69.31 Alabama ...... Etowah ...... $69.31 Arkansas ...... Chicot ...... $23.10 California ...... Contra Costa $231.02 Alabama ...... Fayette ...... $23.10 Arkansas ...... Clark ...... $34.66 California ...... Del Norte ...... $115.52 Alabama ...... Franklin ...... $34.66 Arkansas ...... Clay ...... $34.66 California ...... El Dorado ...... $69.31 Alabama ...... Geneva ...... $34.66 Arkansas ...... Cleburne ...... $34.66 California ...... Fresno ...... $69.31 Alabama ...... Greene ...... $23.10 Arkansas ...... Cleveland ...... $46.21 California ...... Glenn ...... $46.21 Alabama ...... Hale ...... $23.10 Arkansas ...... Columbia ...... $34.66 California ...... Humboldt ...... $23.10 Alabama ...... Henry ...... $23.10 Arkansas ...... Conway ...... $34.66 California ...... Imperial ...... $69.31 Alabama ...... Houston ...... $34.66 Arkansas ...... Craighead ...... $34.66 California ...... Inyo ...... $23.10 Alabama ...... Jackson ...... $46.21 Arkansas ...... Crawford ...... $34.66 California ...... Kern ...... $34.66 Alabama ...... Jefferson ...... $69.31 Arkansas ...... Crittenden ...... $34.66 California ...... Kings ...... $69.31 Alabama ...... Lamar ...... $23.10 Arkansas ...... Cross ...... $34.66 California ...... Lake ...... $115.52 Alabama ...... Lauderdale ..... $34.66 Arkansas ...... Dallas ...... $34.66 California ...... Lassen ...... $23.10 Alabama ...... Lawrence ...... $34.66 Arkansas ...... Desha ...... $23.10 California ...... Los Angeles ... $462.05 Alabama ...... Lee ...... $46.21 Arkansas ...... Drew ...... $34.66 California ...... Madera ...... $69.31 Alabama ...... Limestone ...... $46.21 Arkansas ...... Faulkner ...... $34.66 California ...... Marin ...... $69.31 Alabama ...... Lowndes ...... $23.10 Arkansas ...... Franklin ...... $34.66 California ...... Mariposa ...... $23.10 Alabama ...... Macon ...... $34.66 Arkansas ...... Fulton ...... $23.10 California ...... Mendocino ..... $46.21 Alabama ...... Madison ...... $46.21 Arkansas ...... Garland ...... $46.21 California ...... Merced ...... $115.52 Alabama ...... Marengo ...... $23.10 Arkansas ...... Grant ...... $34.66 California ...... Modoc ...... $23.10 Alabama ...... Marion ...... $34.66 Arkansas ...... Greene ...... $34.66 California ...... Mono ...... $34.66 Alabama ...... Marshall ...... $69.31 Arkansas ...... Hempstead .... $34.66 California ...... Monterey ...... $69.31

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(Fee/acre/ (Fee/acre/ (Fee/acre/ State County yr) State County yr) State County yr)

California ...... Napa ...... $462.05 Colorado ...... Mineral ...... $34.66 Florida ...... Liberty ...... $34.66 California ...... Nevada ...... $69.31 Colorado ...... Moffat ...... $11.55 Florida ...... Madison ...... $34.66 California ...... Orange ...... $231.02 Colorado ...... Montezuma .... $11.55 Florida ...... Manatee ...... $69.31 California ...... Placer ...... $115.52 Colorado ...... Montrose ...... $23.10 Florida ...... Marion ...... $115.52 California ...... Plumas ...... $23.10 Colorado ...... Morgan ...... $23.10 Florida ...... Martin ...... $69.31 California ...... Riverside ...... $115.52 Colorado ...... Otero ...... $11.55 Florida ...... Monroe ...... $462.05 California ...... Sacramento ... $115.52 Colorado ...... Ouray ...... $34.66 Florida ...... Nassau ...... $115.52 California ...... San Benito ..... $46.21 Colorado ...... Park ...... $23.10 Florida ...... Okaloosa ...... $69.31 California ...... San $46.21 Colorado ...... Phillips ...... $23.10 Florida ...... Okeechobee .. $46.21 Bernardino. Colorado ...... Pitkin ...... $115.52 Florida ...... Orange ...... $115.52 California ...... San Diego ...... $231.02 Colorado ...... Prowers ...... $11.55 Florida ...... Osceola ...... $34.66 California ...... San Francisco $693.08 Colorado ...... Pueblo ...... $11.55 Florida ...... Palm Beach ... $69.31 California ...... San Joaquin ... $231.02 Colorado ...... Rio Blanco ..... $23.10 Florida ...... Pasco ...... $115.52 California ...... San Luis $69.31 Colorado ...... Rio Grande .... $34.66 Florida ...... Pinellas ...... $693.08 Obispo. Colorado ...... Routt ...... $46.21 Florida ...... Polk ...... $69.31 California ...... San Mateo ..... $115.52 Colorado ...... Saguache ...... $23.10 Florida ...... Putnam ...... $46.21 California ...... Santa Barbara $69.31 Colorado ...... San Juan * ..... $23.10 Florida ...... Santa Rosa .... $69.31 California ...... Santa Clara .... $69.31 Colorado ...... San Miguel ..... $23.10 Florida ...... Sarasota ...... $69.31 California ...... Santa Cruz ..... $231.02 Colorado ...... Sedgwick ...... $23.10 Florida ...... Seminole ...... $115.52 California ...... Shasta ...... $34.66 Colorado ...... Summit ...... $34.66 Florida ...... St. Johns ...... $115.52 California ...... Sierra ...... $34.66 Colorado ...... Teller ...... $34.66 Florida ...... St. Lucie ...... $69.31 California ...... Siskiyou ...... $34.66 Colorado ...... Washington .... $11.55 Florida ...... Sumter ...... $46.21 California ...... Solano ...... $115.52 Colorado ...... Weld ...... $34.66 Florida ...... Suwannee ...... $69.31 California ...... Sonoma ...... $231.02 Colorado ...... Yuma ...... $11.55 Florida ...... Taylor ...... $34.66 California ...... Stanislaus ...... $115.52 Connecticut ... Fairfield ...... $693.08 Florida ...... Union ...... $34.66 California ...... Sutter ...... $115.52 Connecticut ... Hartford ...... $462.05 Florida ...... Volusia ...... $115.52 California ...... Tehama ...... $34.66 Connecticut ... Litchfield ...... $231.02 Florida ...... Wakulla ...... $69.31 California ...... Trinity ...... $23.10 Connecticut ... Middlesex ...... $231.02 Florida ...... Walton ...... $46.21 California ...... Tulare ...... $115.52 Connecticut ... New Haven .... $462.05 Florida ...... Washington .... $46.21 California ...... Tuolumne ...... $34.66 Connecticut ... New London .. $231.02 Georgia ...... Appling ...... $34.66 California ...... Ventura ...... $231.02 Connecticut ... Tolland ...... $115.52 Georgia ...... Atkinson ...... $34.66 California ...... Yolo ...... $69.31 Connecticut ... Windham ...... $231.02 Georgia ...... Bacon ...... $46.21 California ...... Yuba ...... $69.31 Delaware ...... Kent ...... $69.31 Georgia ...... Baker ...... $34.66 Colorado ...... Adams ...... $23.10 Delaware ...... New Castle .... $115.52 Georgia ...... Baldwin ...... $46.21 Colorado ...... Alamosa ...... $23.10 Delaware ...... Sussex ...... $115.52 Georgia ...... Banks ...... $115.52 Colorado ...... Arapahoe ...... $23.10 Florida ...... Alachua ...... $69.31 Georgia ...... Barrow ...... $115.52 Colorado ...... Archuleta ...... $34.66 Florida ...... Baker ...... $115.52 Georgia ...... Bartow ...... $69.31 Colorado ...... Baca ...... $5.78 Florida ...... Bay ...... $69.31 Georgia ...... Ben Hill ...... $34.66 Colorado ...... Bent ...... $11.55 Florida ...... Bradford ...... $46.21 Georgia ...... Berrien ...... $34.66 Colorado ...... Boulder ...... $231.02 Florida ...... Brevard ...... $46.21 Georgia ...... Bibb ...... $46.21 Colorado ...... Broomfield * .... $23.10 Florida ...... Broward ...... $462.05 Georgia ...... Bleckley ...... $34.66 Colorado ...... Chaffee ...... $46.21 Florida ...... Calhoun ...... $34.66 Georgia ...... Brantley ...... $34.66 Colorado ...... Cheyenne ...... $11.55 Florida ...... Charlotte ...... $34.66 Georgia ...... Brooks ...... $34.66 Colorado ...... Clear Creek ... $34.66 Florida ...... Citrus ...... $46.21 Georgia ...... Bryan ...... $34.66 Colorado ...... Conejos ...... $23.10 Florida ...... Clay ...... $46.21 Georgia ...... Bulloch ...... $34.66 Colorado ...... Costilla ...... $11.55 Florida ...... Collier ...... $69.31 Georgia ...... Burke ...... $34.66 Colorado ...... Crowley ...... $5.78 Florida ...... Columbia ...... $34.66 Georgia ...... Butts ...... $46.21 Colorado ...... Custer ...... $34.66 Florida ...... Dade ...... $231.02 Georgia ...... Calhoun ...... $34.66 Colorado ...... Delta ...... $46.21 Florida ...... DeSoto ...... $46.21 Georgia ...... Camden ...... $34.66 Colorado ...... Denver * ...... $23.10 Florida ...... Dixie ...... $34.66 Georgia ...... Candler ...... $34.66 Colorado ...... Dolores ...... $23.10 Florida ...... Duval ...... $115.52 Georgia ...... Carroll ...... $115.52 Colorado ...... Douglas ...... $69.31 Florida ...... Escambia ...... $46.21 Georgia ...... Catoosa ...... $115.52 Colorado ...... Eagle ...... $34.66 Florida ...... Flagler ...... $34.66 Georgia ...... Charlton ...... $46.21 Colorado ...... El Paso ...... $23.10 Florida ...... Franklin ...... $23.10 Georgia ...... Chatham ...... $46.21 Colorado ...... Elbert ...... $23.10 Florida ...... Gadsden ...... $46.21 Georgia ...... Chattahoochee $34.66 Colorado ...... Fremont ...... $23.10 Florida ...... Gilchrist ...... $46.21 Georgia ...... Chattooga ...... $34.66 Colorado ...... Garfield ...... $34.66 Florida ...... Glades ...... $34.66 Georgia ...... Cherokee ...... $231.02 Colorado ...... Gilpin ...... $69.31 Florida ...... Gulf ...... $46.21 Georgia ...... Clarke ...... $115.52 Colorado ...... Grand ...... $23.10 Florida ...... Hamilton ...... $34.66 Georgia ...... Clay ...... $23.10 Colorado ...... Gunnison ...... $34.66 Florida ...... Hardee ...... $46.21 Georgia ...... Clayton ...... $115.52 Colorado ...... Hinsdale ...... $69.31 Florida ...... Hendry ...... $115.52 Georgia ...... Clinch ...... $34.66 Colorado ...... Huerfano ...... $11.55 Florida ...... Hernando ...... $115.52 Georgia ...... Cobb ...... $231.02 Colorado ...... Jackson ...... $11.55 Florida ...... Highlands ...... $46.21 Georgia ...... Coffee ...... $34.66 Colorado ...... Jefferson ...... $115.52 Florida ...... Hillsborough ... $115.52 Georgia ...... Colquitt ...... $34.66 Colorado ...... Kiowa ...... $5.78 Florida ...... Holmes ...... $34.66 Georgia ...... Columbia ...... $115.52 Colorado ...... Kit Carson ...... $11.55 Florida ...... Indian River ... $69.31 Georgia ...... Cook ...... $34.66 Colorado ...... La Plata ...... $23.10 Florida ...... Jackson ...... $34.66 Georgia ...... Coweta ...... $115.52 Colorado ...... Lake ...... $34.66 Florida ...... Jefferson ...... $34.66 Georgia ...... Crawford ...... $46.21 Colorado ...... Larimer ...... $46.21 Florida ...... Lafayette ...... $34.66 Georgia ...... Crisp ...... $34.66 Colorado ...... Las Animas .... $5.78 Florida ...... Lake ...... $115.52 Georgia ...... Dade ...... $46.21 Colorado ...... Lincoln ...... $5.78 Florida ...... Lee ...... $69.31 Georgia ...... Dawson ...... $115.52 Colorado ...... Logan ...... $11.55 Florida ...... Leon ...... $46.21 Georgia ...... Decatur ...... $34.66 Colorado ...... Mesa ...... $34.66 Florida ...... Levy ...... $46.21 Georgia ...... DeKalb ...... $231.02

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(Fee/acre/ (Fee/acre/ (Fee/acre/ State County yr) State County yr) State County yr)

Georgia ...... Dodge ...... $23.10 Georgia ...... Quitman ...... $34.66 Idaho ...... Kootenai ...... $46.21 Georgia ...... Dooly ...... $34.66 Georgia ...... Rabun ...... $115.52 Idaho ...... Latah ...... $34.66 Georgia ...... Dougherty ...... $34.66 Georgia ...... Randolph ...... $23.10 Idaho ...... Lemhi ...... $23.10 Georgia ...... Douglas ...... $115.52 Georgia ...... Richmond ...... $69.31 Idaho ...... Lewis ...... $23.10 Georgia ...... Early ...... $34.66 Georgia ...... Rockdale ...... $115.52 Idaho ...... Lincoln ...... $23.10 Georgia ...... Echols ...... $34.66 Georgia ...... Schley ...... $34.66 Idaho ...... Madison ...... $46.21 Georgia ...... Effingham ...... $34.66 Georgia ...... Screven ...... $34.66 Idaho ...... Minidoka ...... $46.21 Georgia ...... Elbert ...... $46.21 Georgia ...... Seminole ...... $34.66 Idaho ...... Nez Perce ...... $23.10 Georgia ...... Emanuel ...... $23.10 Georgia ...... Spalding ...... $115.52 Idaho ...... Oneida ...... $23.10 Georgia ...... Evans ...... $34.66 Georgia ...... Stephens ...... $115.52 Idaho ...... Owyhee ...... $23.10 Georgia ...... Fannin ...... $69.31 Georgia ...... Stewart ...... $34.66 Idaho ...... Payette ...... $34.66 Georgia ...... Fayette ...... $115.52 Georgia ...... Sumter ...... $34.66 Idaho ...... Power ...... $23.10 Georgia ...... Floyd ...... $69.31 Georgia ...... Talbot ...... $34.66 Idaho ...... Shoshone ...... $69.31 Georgia ...... Forsyth ...... $231.02 Georgia ...... Taliaferro ...... $34.66 Idaho ...... Teton ...... $46.21 Georgia ...... Franklin ...... $115.52 Georgia ...... Tattnall ...... $46.21 Idaho ...... Twin Falls ...... $46.21 Georgia ...... Fulton ...... $115.52 Georgia ...... Taylor ...... $34.66 Idaho ...... Valley ...... $34.66 Georgia ...... Gilmer ...... $115.52 Georgia ...... Telfair ...... $34.66 Idaho ...... Washington .... $23.10 Georgia ...... Glascock ...... $34.66 Georgia ...... Terrell ...... $34.66 Illinois ...... Adams ...... $46.21 Georgia ...... Glynn ...... $34.66 Georgia ...... Thomas ...... $34.66 Illinois ...... Alexander ...... $34.66 Georgia ...... Gordon ...... $115.52 Georgia ...... Tift ...... $46.21 Illinois ...... Bond ...... $46.21 Georgia ...... Grady ...... $34.66 Georgia ...... Toombs ...... $34.66 Illinois ...... Boone ...... $69.31 Georgia ...... Greene ...... $69.31 Georgia ...... Towns ...... $115.52 Illinois ...... Brown ...... $34.66 Georgia ...... Gwinnett ...... $231.02 Georgia ...... Treutlen ...... $34.66 Illinois ...... Bureau ...... $69.31 Georgia ...... Habersham .... $115.52 Georgia ...... Troup ...... $34.66 Illinois ...... Calhoun ...... $34.66 Georgia ...... Hall ...... $115.52 Georgia ...... Turner ...... $34.66 Illinois ...... Carroll ...... $46.21 Georgia ...... Hancock ...... $23.10 Georgia ...... Twiggs ...... $34.66 Illinois ...... Cass ...... $46.21 Georgia ...... Haralson ...... $69.31 Georgia ...... Union ...... $115.52 Illinois ...... Champaign .... $69.31 Georgia ...... Harris ...... $46.21 Georgia ...... Upson ...... $46.21 Illinois ...... Christian ...... $69.31 Georgia ...... Hart ...... $69.31 Georgia ...... Walker ...... $69.31 Illinois ...... Clark ...... $46.21 Georgia ...... Heard ...... $46.21 Georgia ...... Walton ...... $231.02 Illinois ...... Clay ...... $34.66 Georgia ...... Henry ...... $115.52 Georgia ...... Ware ...... $34.66 Illinois ...... Clinton ...... $46.21 Georgia ...... Houston ...... $46.21 Georgia ...... Warren ...... $34.66 Illinois ...... Coles ...... $69.31 Georgia ...... Irwin ...... $34.66 Georgia ...... Washington .... $34.66 Illinois ...... Cook ...... $231.02 Georgia ...... Jackson ...... $115.52 Georgia ...... Wayne ...... $34.66 Illinois ...... Crawford ...... $34.66 Georgia ...... Jasper ...... $46.21 Georgia ...... Webster ...... $34.66 Illinois ...... Cumberland ... $46.21 Georgia ...... Jeff Davis ...... $34.66 Georgia ...... Wheeler ...... $23.10 Illinois ...... De Witt ...... $69.31 Georgia ...... Jefferson ...... $34.66 Georgia ...... White ...... $115.52 Illinois ...... DeKalb ...... $115.52 Georgia ...... Jenkins ...... $34.66 Georgia ...... Whitfield ...... $46.21 Illinois ...... Douglas ...... $69.31 Georgia ...... Johnson ...... $34.66 Georgia ...... Wilcox ...... $34.66 Illinois ...... DuPage ...... $115.52 Georgia ...... Jones ...... $46.21 Georgia ...... Wilkes ...... $34.66 Illinois ...... Edgar ...... $46.21 Georgia ...... Lamar ...... $46.21 Georgia ...... Wilkinson ...... $34.66 Illinois ...... Edwards ...... $34.66 Georgia ...... Lanier ...... $23.10 Georgia ...... Worth ...... $34.66 Illinois ...... Effingham ...... $46.21 Georgia ...... Laurens ...... $34.66 Hawaii ...... Hawaii ...... $69.31 Illinois ...... Fayette ...... $34.66 Georgia ...... Lee ...... $34.66 Hawaii ...... Honolulu ...... $231.02 Illinois ...... Ford ...... $69.31 Georgia ...... Liberty ...... $46.21 Hawaii ...... Kauai ...... $115.52 Illinois ...... Franklin ...... $34.66 Georgia ...... Lincoln ...... $69.31 Hawaii ...... Maui ...... $115.52 Illinois ...... Fulton ...... $46.21 Georgia ...... Long ...... $34.66 Idaho ...... Ada ...... $69.31 Illinois ...... Gallatin ...... $34.66 Georgia ...... Lowndes ...... $46.21 Idaho ...... Adams ...... $11.55 Illinois ...... Greene ...... $34.66 Georgia ...... Lumpkin ...... $115.52 Idaho ...... Bannock ...... $23.10 Illinois ...... Grundy ...... $69.31 Georgia ...... Macon ...... $34.66 Idaho ...... Bear Lake ...... $23.10 Illinois ...... Hamilton ...... $34.66 Georgia ...... Madison ...... $115.52 Idaho ...... Benewah ...... $23.10 Illinois ...... Hancock ...... $69.31 Georgia ...... Marion ...... $34.66 Idaho ...... Bingham ...... $23.10 Illinois ...... Hardin ...... $34.66 Georgia ...... McDuffie ...... $46.21 Idaho ...... Blaine ...... $34.66 Illinois ...... Henderson ..... $46.21 Georgia ...... McIntosh ...... $34.66 Idaho ...... Boise ...... $23.10 Illinois ...... Henry ...... $46.21 Georgia ...... Meriwether ..... $46.21 Idaho ...... Bonner ...... $69.31 Illinois ...... Iroquois ...... $46.21 Georgia ...... Miller ...... $34.66 Idaho ...... Bonneville ...... $34.66 Illinois ...... Jackson ...... $34.66 Georgia ...... Mitchell ...... $34.66 Idaho ...... Boundary ...... $46.21 Illinois ...... Jasper ...... $46.21 Georgia ...... Monroe ...... $46.21 Idaho ...... Butte ...... $23.10 Illinois ...... Jefferson ...... $34.66 Georgia ...... Montgomery ... $34.66 Idaho ...... Camas ...... $23.10 Illinois ...... Jersey ...... $46.21 Georgia ...... Morgan ...... $69.31 Idaho ...... Canyon ...... $115.52 Illinois ...... Jo Daviess ..... $46.21 Georgia ...... Murray ...... $69.31 Idaho ...... Caribou ...... $23.10 Illinois ...... Johnson ...... $34.66 Georgia ...... Muscogee ...... $69.31 Idaho ...... Cassia ...... $23.10 Illinois ...... Kane ...... $115.52 Georgia ...... Newton ...... $115.52 Idaho ...... Clark ...... $23.10 Illinois ...... Kankakee ...... $69.31 Georgia ...... Oconee ...... $115.52 Idaho ...... Clearwater ..... $34.66 Illinois ...... Kendall ...... $115.52 Georgia ...... Oglethorpe ..... $69.31 Idaho ...... Custer ...... $34.66 Illinois ...... Knox ...... $46.21 Georgia ...... Paulding ...... $231.02 Idaho ...... Elmore ...... $23.10 Illinois ...... La Salle ...... $69.31 Georgia ...... Peach ...... $46.21 Idaho ...... Franklin ...... $23.10 Illinois ...... Lake ...... $115.52 Georgia ...... Pickens ...... $115.52 Idaho ...... Fremont ...... $23.10 Illinois ...... Lawrence ...... $34.66 Georgia ...... Pierce ...... $34.66 Idaho ...... Gem ...... $23.10 Illinois ...... Lee ...... $69.31 Georgia ...... Pike ...... $69.31 Idaho ...... Gooding ...... $69.31 Illinois ...... Livingston ...... $69.31 Georgia ...... Polk ...... $46.21 Idaho ...... Idaho ...... $23.10 Illinois ...... Logan ...... $69.31 Georgia ...... Pulaski ...... $34.66 Idaho ...... Jefferson ...... $34.66 Illinois ...... Macon ...... $69.31 Georgia ...... Putnam ...... $69.31 Idaho ...... Jerome ...... $46.21 Illinois ...... Macoupin ...... $46.21

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(Fee/acre/ (Fee/acre/ (Fee/acre/ State County yr) State County yr) State County yr)

Illinois ...... Madison ...... $46.21 Indiana ...... Greene ...... $46.21 Iowa ...... Bremer ...... $69.31 Illinois ...... Marion ...... $34.66 Indiana ...... Hamilton ...... $115.52 Iowa ...... Buchanan ...... $46.21 Illinois ...... Marshall ...... $69.31 Indiana ...... Hancock ...... $69.31 Iowa ...... Buena Vista ... $46.21 Illinois ...... Mason ...... $46.21 Indiana ...... Harrison ...... $69.31 Iowa ...... Butler ...... $46.21 Illinois ...... Massac ...... $23.10 Indiana ...... Hendricks ...... $69.31 Iowa ...... Calhoun ...... $46.21 Illinois ...... McDonough ... $46.21 Indiana ...... Henry ...... $69.31 Iowa ...... Carroll ...... $46.21 Illinois ...... McHenry ...... $115.52 Indiana ...... Howard ...... $69.31 Iowa ...... Cass ...... $34.66 Illinois ...... McLean ...... $69.31 Indiana ...... Huntington ..... $46.21 Iowa ...... Cedar ...... $46.21 Illinois ...... Menard ...... $46.21 Indiana ...... Jackson ...... $46.21 Iowa ...... Cerro Gordo ... $46.21 Illinois ...... Mercer ...... $46.21 Indiana ...... Jasper ...... $46.21 Iowa ...... Cherokee ...... $46.21 Illinois ...... Monroe ...... $69.31 Indiana ...... Jay ...... $69.31 Iowa ...... Chickasaw ..... $46.21 Illinois ...... Montgomery ... $46.21 Indiana ...... Jefferson ...... $46.21 Iowa ...... Clarke ...... $23.10 Illinois ...... Morgan ...... $46.21 Indiana ...... Jennings ...... $46.21 Iowa ...... Clay ...... $46.21 Illinois ...... Moultrie ...... $69.31 Indiana ...... Johnson ...... $115.52 Iowa ...... Clayton ...... $46.21 Illinois ...... Ogle ...... $69.31 Indiana ...... Knox ...... $46.21 Iowa ...... Clinton ...... $46.21 Illinois ...... Peoria ...... $69.31 Indiana ...... Kosciusko ...... $69.31 Iowa ...... Crawford ...... $46.21 Illinois ...... Perry ...... $34.66 Indiana ...... LaGrange ...... $69.31 Iowa ...... Dallas ...... $69.31 Illinois ...... Piatt ...... $69.31 Indiana ...... Lake ...... $69.31 Iowa ...... Davis ...... $23.10 Illinois ...... Pike ...... $34.66 Indiana ...... LaPorte ...... $69.31 Iowa ...... Decatur ...... $23.10 Illinois ...... Pope ...... $23.10 Indiana ...... Lawrence ...... $34.66 Iowa ...... Delaware ...... $46.21 Illinois ...... Pulaski ...... $34.66 Indiana ...... Madison ...... $69.31 Iowa ...... Des Moines .... $46.21 Illinois ...... Putnam ...... $69.31 Indiana ...... Marion ...... $115.52 Iowa ...... Dickinson ...... $46.21 Illinois ...... Randolph ...... $46.21 Indiana ...... Marshall ...... $46.21 Iowa ...... Dubuque ...... $46.21 Illinois ...... Richland ...... $34.66 Indiana ...... Martin ...... $46.21 Iowa ...... Emmet ...... $46.21 Illinois ...... Rock Island .... $69.31 Indiana ...... Miami ...... $46.21 Iowa ...... Fayette ...... $46.21 Illinois ...... Saline ...... $34.66 Indiana ...... Monroe ...... $46.21 Iowa ...... Floyd ...... $46.21 Illinois ...... Sangamon ..... $69.31 Indiana ...... Montgomery ... $46.21 Iowa ...... Franklin ...... $46.21 Illinois ...... Schuyler ...... $34.66 Indiana ...... Morgan ...... $69.31 Iowa ...... Fremont ...... $34.66 Illinois ...... Scott ...... $46.21 Indiana ...... Newton ...... $46.21 Iowa ...... Greene ...... $46.21 Illinois ...... Shelby ...... $46.21 Indiana ...... Noble ...... $69.31 Iowa ...... Grundy ...... $69.31 Illinois ...... St. Clair ...... $69.31 Indiana ...... Ohio ...... $69.31 Iowa ...... Guthrie ...... $34.66 Illinois ...... Stark ...... $69.31 Indiana ...... Orange ...... $46.21 Iowa ...... Hamilton ...... $46.21 Illinois ...... Stephenson .... $46.21 Indiana ...... Owen ...... $46.21 Iowa ...... Hancock ...... $46.21 Illinois ...... Tazewell ...... $69.31 Indiana ...... Parke ...... $46.21 Iowa ...... Hardin ...... $46.21 Illinois ...... Union ...... $46.21 Indiana ...... Perry ...... $34.66 Iowa ...... Harrison ...... $34.66 Illinois ...... Vermilion ...... $46.21 Indiana ...... Pike ...... $46.21 Iowa ...... Henry ...... $46.21 Illinois ...... Wabash ...... $34.66 Indiana ...... Porter ...... $69.31 Iowa ...... Howard ...... $46.21 Illinois ...... Warren ...... $69.31 Indiana ...... Posey ...... $46.21 Iowa ...... Humboldt ...... $46.21 Illinois ...... Washington .... $46.21 Indiana ...... Pulaski ...... $46.21 Iowa ...... Ida ...... $46.21 Illinois ...... Wayne ...... $23.10 Indiana ...... Putnam ...... $46.21 Iowa ...... Iowa ...... $34.66 Illinois ...... White ...... $34.66 Indiana ...... Randolph ...... $46.21 Iowa ...... Jackson ...... $34.66 Illinois ...... Whiteside ...... $69.31 Indiana ...... Ripley ...... $69.31 Iowa ...... Jasper ...... $46.21 Illinois ...... Will ...... $115.52 Indiana ...... Rush ...... $69.31 Iowa ...... Jefferson ...... $34.66 Illinois ...... Williamson ..... $46.21 Indiana ...... Scott ...... $46.21 Iowa ...... Johnson ...... $46.21 Illinois ...... Winnebago ..... $69.31 Indiana ...... Shelby ...... $69.31 Iowa ...... Jones ...... $46.21 Illinois ...... Woodford ...... $69.31 Indiana ...... Spencer ...... $46.21 Iowa ...... Keokuk ...... $34.66 Indiana ...... Adams ...... $69.31 Indiana ...... St. Joseph ...... $69.31 Iowa ...... Kossuth ...... $46.21 Indiana ...... Allen ...... $69.31 Indiana ...... Starke ...... $46.21 Iowa ...... Lee ...... $34.66 Indiana ...... Bartholomew .. $69.31 Indiana ...... Steuben ...... $46.21 Iowa ...... Linn ...... $69.31 Indiana ...... Benton ...... $46.21 Indiana ...... Sullivan ...... $46.21 Iowa ...... Louisa ...... $46.21 Indiana ...... Blackford ...... $46.21 Indiana ...... Switzerland .... $46.21 Iowa ...... Lucas ...... $23.10 Indiana ...... Boone ...... $69.31 Indiana ...... Tippecanoe .... $69.31 Iowa ...... Lyon ...... $46.21 Indiana ...... Brown ...... $69.31 Indiana ...... Tipton ...... $69.31 Iowa ...... Madison ...... $34.66 Indiana ...... Carroll ...... $69.31 Indiana ...... Union ...... $46.21 Iowa ...... Mahaska ...... $34.66 Indiana ...... Cass ...... $46.21 Indiana ...... Vanderburgh .. $69.31 Iowa ...... Marion ...... $34.66 Indiana ...... Clark ...... $69.31 Indiana ...... Vermillion ...... $46.21 Iowa ...... Marshall ...... $46.21 Indiana ...... Clay ...... $46.21 Indiana ...... Vigo ...... $46.21 Iowa ...... Mills ...... $34.66 Indiana ...... Clinton ...... $69.31 Indiana ...... Wabash ...... $69.31 Iowa ...... Mitchell ...... $46.21 Indiana ...... Crawford ...... $34.66 Indiana ...... Warren ...... $46.21 Iowa ...... Monona ...... $34.66 Indiana ...... Daviess ...... $46.21 Indiana ...... Warrick ...... $46.21 Iowa ...... Monroe ...... $23.10 Indiana ...... Dearborn ...... $69.31 Indiana ...... Washington .... $46.21 Iowa ...... Montgomery ... $34.66 Indiana ...... Decatur ...... $69.31 Indiana ...... Wayne ...... $46.21 Iowa ...... Muscatine ...... $46.21 Indiana ...... DeKalb ...... $46.21 Indiana ...... Wells ...... $46.21 Iowa ...... O’’Brien ...... $69.31 Indiana ...... Delaware ...... $69.31 Indiana ...... White ...... $69.31 Iowa ...... Osceola ...... $46.21 Indiana ...... Dubois ...... $46.21 Indiana ...... Whitley ...... $69.31 Iowa ...... Page ...... $34.66 Indiana ...... Elkhart ...... $115.52 Iowa ...... Adair ...... $34.66 Iowa ...... Palo Alto ...... $46.21 Indiana ...... Fayette ...... $46.21 Iowa ...... Adams ...... $34.66 Iowa ...... Plymouth ...... $46.21 Indiana ...... Floyd ...... $69.31 Iowa ...... Allamakee ...... $34.66 Iowa ...... Pocahontas .... $46.21 Indiana ...... Fountain ...... $46.21 Iowa ...... Appanoose ..... $23.10 Iowa ...... Polk ...... $46.21 Indiana ...... Franklin ...... $46.21 Iowa ...... Audubon ...... $34.66 Iowa ...... Pottawattamie $46.21 Indiana ...... Fulton ...... $46.21 Iowa ...... Benton ...... $46.21 Iowa ...... Poweshiek ..... $34.66 Indiana ...... Gibson ...... $46.21 Iowa ...... Black Hawk .... $69.31 Iowa ...... Ringgold ...... $23.10 Indiana ...... Grant ...... $69.31 Iowa ...... Boone ...... $46.21 Iowa ...... Sac ...... $46.21

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(Fee/acre/ (Fee/acre/ (Fee/acre/ State County yr) State County yr) State County yr)

Iowa ...... Scott ...... $69.31 Kansas ...... Lyon ...... $23.10 Kentucky ...... Christian ...... $34.66 Iowa ...... Shelby ...... $46.21 Kansas ...... Marion ...... $23.10 Kentucky ...... Clark ...... $46.21 Iowa ...... Sioux ...... $69.31 Kansas ...... Marshall ...... $23.10 Kentucky ...... Clay ...... $23.10 Iowa ...... Story ...... $46.21 Kansas ...... McPherson ..... $23.10 Kentucky ...... Clinton ...... $34.66 Iowa ...... Tama ...... $46.21 Kansas ...... Meade ...... $11.55 Kentucky ...... Crittenden ...... $23.10 Iowa ...... Taylor ...... $23.10 Kansas ...... Miami ...... $34.66 Kentucky ...... Cumberland ... $23.10 Iowa ...... Union ...... $34.66 Kansas ...... Mitchell ...... $23.10 Kentucky ...... Daviess ...... $46.21 Iowa ...... Van Buren ...... $23.10 Kansas ...... Montgomery ... $23.10 Kentucky ...... Edmonson ...... $23.10 Iowa ...... Wapello ...... $34.66 Kansas ...... Morris ...... $23.10 Kentucky ...... Elliott ...... $23.10 Iowa ...... Warren ...... $34.66 Kansas ...... Morton ...... $11.55 Kentucky ...... Estill ...... $23.10 Iowa ...... Washington .... $46.21 Kansas ...... Nemaha ...... $23.10 Kentucky ...... Fayette ...... $115.52 Iowa ...... Wayne ...... $23.10 Kansas ...... Neosho ...... $23.10 Kentucky ...... Fleming ...... $34.66 Iowa ...... Webster ...... $46.21 Kansas ...... Ness ...... $11.55 Kentucky ...... Floyd ...... $34.66 Iowa ...... Winnebago ..... $46.21 Kansas ...... Norton ...... $11.55 Kentucky ...... Franklin ...... $46.21 Iowa ...... Winneshiek .... $34.66 Kansas ...... Osage ...... $23.10 Kentucky ...... Fulton ...... $34.66 Iowa ...... Woodbury ...... $34.66 Kansas ...... Osborne ...... $11.55 Kentucky ...... Gallatin ...... $46.21 Iowa ...... Worth ...... $46.21 Kansas ...... Ottawa ...... $11.55 Kentucky ...... Garrard ...... $34.66 Iowa ...... Wright ...... $46.21 Kansas ...... Pawnee ...... $11.55 Kentucky ...... Grant ...... $69.31 Kansas ...... Allen ...... $23.10 Kansas ...... Phillips ...... $11.55 Kentucky ...... Graves ...... $34.66 Kansas ...... Anderson ...... $23.10 Kansas ...... Pottawatomie $23.10 Kentucky ...... Grayson ...... $34.66 Kansas ...... Atchison ...... $23.10 Kansas ...... Pratt ...... $23.10 Kentucky ...... Green ...... $34.66 Kansas ...... Barber ...... $11.55 Kansas ...... Rawlins ...... $11.55 Kentucky ...... Greenup ...... $23.10 Kansas ...... Barton ...... $11.55 Kansas ...... Reno ...... $23.10 Kentucky ...... Hancock ...... $34.66 Kansas ...... Bourbon ...... $23.10 Kansas ...... Republic ...... $23.10 Kentucky ...... Hardin ...... $46.21 Kansas ...... Brown ...... $23.10 Kansas ...... Rice ...... $23.10 Kentucky ...... Harlan ...... $46.21 Kansas ...... Butler ...... $23.10 Kansas ...... Riley ...... $23.10 Kentucky ...... Harrison ...... $34.66 Kansas ...... Chase ...... $11.55 Kansas ...... Rooks ...... $11.55 Kentucky ...... Hart ...... $34.66 Kansas ...... Chautauqua ... $11.55 Kansas ...... Rush ...... $11.55 Kentucky ...... Henderson ..... $46.21 Kansas ...... Cherokee ...... $23.10 Kansas ...... Russell ...... $11.55 Kentucky ...... Henry ...... $46.21 Kansas ...... Cheyenne ...... $11.55 Kansas ...... Saline ...... $23.10 Kentucky ...... Hickman ...... $34.66 Kansas ...... Clark ...... $11.55 Kansas ...... Scott ...... $11.55 Kentucky ...... Hopkins ...... $34.66 Kansas ...... Clay ...... $23.10 Kansas ...... Sedgwick ...... $23.10 Kentucky ...... Jackson ...... $23.10 Kansas ...... Cloud ...... $11.55 Kansas ...... Seward ...... $23.10 Kentucky ...... Jefferson ...... $115.52 Kansas ...... Coffey ...... $23.10 Kansas ...... Shawnee ...... $34.66 Kentucky ...... Jessamine ...... $69.31 Kansas ...... Comanche ..... $11.55 Kansas ...... Sheridan ...... $11.55 Kentucky ...... Johnson ...... $34.66 Kansas ...... Cowley ...... $23.10 Kansas ...... Sherman ...... $11.55 Kentucky ...... Kenton ...... $115.52 Kansas ...... Crawford ...... $23.10 Kansas ...... Smith ...... $23.10 Kentucky ...... Knott ...... $34.66 Kansas ...... Decatur ...... $11.55 Kansas ...... Stafford ...... $23.10 Kentucky ...... Knox ...... $34.66 Kansas ...... Dickinson ...... $23.10 Kansas ...... Stanton ...... $11.55 Kentucky ...... Larue ...... $46.21 Kansas ...... Doniphan ...... $34.66 Kansas ...... Stevens ...... $23.10 Kentucky ...... Laurel ...... $46.21 Kansas ...... Douglas ...... $46.21 Kansas ...... Sumner ...... $23.10 Kentucky ...... Lawrence ...... $23.10 Kansas ...... Edwards ...... $11.55 Kansas ...... Thomas ...... $11.55 Kentucky ...... Lee ...... $23.10 Kansas ...... Elk ...... $11.55 Kansas ...... Trego ...... $11.55 Kentucky ...... Leslie ...... $23.10 Kansas ...... Ellis ...... $11.55 Kansas ...... Wabaunsee .... $23.10 Kentucky ...... Letcher ...... $23.10 Kansas ...... Ellsworth ...... $11.55 Kansas ...... Wallace ...... $11.55 Kentucky ...... Lewis ...... $23.10 Kansas ...... Finney ...... $11.55 Kansas ...... Washington .... $23.10 Kentucky ...... Lincoln ...... $34.66 Kansas ...... Ford ...... $11.55 Kansas ...... Wichita ...... $11.55 Kentucky ...... Livingston ...... $23.10 Kansas ...... Franklin ...... $23.10 Kansas ...... Wilson ...... $23.10 Kentucky ...... Logan ...... $34.66 Kansas ...... Geary ...... $23.10 Kansas ...... Woodson ...... $11.55 Kentucky ...... Lyon ...... $23.10 Kansas ...... Gove ...... $11.55 Kansas ...... Wyandotte ...... $115.52 Kentucky ...... Madison ...... $46.21 Kansas ...... Graham ...... $11.55 Kentucky ...... Adair ...... $34.66 Kentucky ...... Magoffin ...... $23.10 Kansas ...... Grant ...... $23.10 Kentucky ...... Allen ...... $34.66 Kentucky ...... Marion ...... $34.66 Kansas ...... Gray ...... $23.10 Kentucky ...... Anderson ...... $46.21 Kentucky ...... Marshall ...... $34.66 Kansas ...... Greeley ...... $11.55 Kentucky ...... Ballard ...... $34.66 Kentucky ...... Martin ...... $11.55 Kansas ...... Greenwood .... $11.55 Kentucky ...... Barren ...... $34.66 Kentucky ...... Mason ...... $46.21 Kansas ...... Hamilton ...... $11.55 Kentucky ...... Bath ...... $34.66 Kentucky ...... McCracken ..... $34.66 Kansas ...... Harper ...... $11.55 Kentucky ...... Bell ...... $34.66 Kentucky ...... McCreary ...... $46.21 Kansas ...... Harvey ...... $23.10 Kentucky ...... Boone ...... $69.31 Kentucky ...... McLean ...... $34.66 Kansas ...... Haskell ...... $23.10 Kentucky ...... Bourbon ...... $69.31 Kentucky ...... Meade ...... $46.21 Kansas ...... Hodgeman ..... $11.55 Kentucky ...... Boyd ...... $34.66 Kentucky ...... Menifee ...... $46.21 Kansas ...... Jackson ...... $23.10 Kentucky ...... Boyle ...... $46.21 Kentucky ...... Mercer ...... $69.31 Kansas ...... Jefferson ...... $23.10 Kentucky ...... Bracken ...... $34.66 Kentucky ...... Metcalfe ...... $34.66 Kansas ...... Jewell ...... $23.10 Kentucky ...... Breathitt ...... $23.10 Kentucky ...... Monroe ...... $34.66 Kansas ...... Johnson ...... $46.21 Kentucky ...... Breckinridge ... $34.66 Kentucky ...... Montgomery ... $46.21 Kansas ...... Kearny ...... $11.55 Kentucky ...... Bullitt ...... $69.31 Kentucky ...... Morgan ...... $23.10 Kansas ...... Kingman ...... $23.10 Kentucky ...... Butler ...... $34.66 Kentucky ...... Muhlenberg .... $34.66 Kansas ...... Kiowa ...... $11.55 Kentucky ...... Caldwell ...... $23.10 Kentucky ...... Nelson ...... $46.21 Kansas ...... Labette ...... $23.10 Kentucky ...... Calloway ...... $34.66 Kentucky ...... Nicholas ...... $34.66 Kansas ...... Lane ...... $11.55 Kentucky ...... Campbell ...... $115.52 Kentucky ...... Ohio ...... $34.66 Kansas ...... Leavenworth .. $34.66 Kentucky ...... Carlisle ...... $34.66 Kentucky ...... Oldham ...... $115.52 Kansas ...... Lincoln ...... $11.55 Kentucky ...... Carroll ...... $46.21 Kentucky ...... Owen ...... $34.66 Kansas ...... Linn ...... $23.10 Kentucky ...... Carter ...... $34.66 Kentucky ...... Owsley ...... $34.66 Kansas ...... Logan ...... $11.55 Kentucky ...... Casey ...... $23.10 Kentucky ...... Pendleton ...... $34.66

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(Fee/acre/ (Fee/acre/ (Fee/acre/ State County yr) State County yr) State County yr)

Kentucky ...... Perry ...... $23.10 Louisiana ...... St. John the $69.31 Massachu- Hampshire ..... $231.02 Kentucky ...... Pike ...... $23.10 Baptist. setts. Kentucky ...... Powell ...... $34.66 Louisiana ...... St. Landry ...... $34.66 Massachu- Middlesex ...... $462.05 Kentucky ...... Pulaski ...... $34.66 Louisiana ...... St. Martin ...... $34.66 setts. Kentucky ...... Robertson ...... $23.10 Louisiana ...... St. Mary ...... $34.66 Massachu- Nantucket ...... $1,155.13 Kentucky ...... Rockcastle ..... $34.66 Louisiana ...... St. Tammany $115.52 setts. Kentucky ...... Rowan ...... $34.66 Louisiana ...... Tangipahoa .... $69.31 Massachu- Norfolk ...... $462.05 Kentucky ...... Russell ...... $46.21 Louisiana ...... Tensas ...... $23.10 setts. Kentucky ...... Scott ...... $69.31 Louisiana ...... Terrebonne .... $34.66 Massachu- Plymouth ...... $462.05 Kentucky ...... Shelby ...... $69.31 Louisiana ...... Union ...... $46.21 setts. Kentucky ...... Simpson ...... $46.21 Louisiana ...... Vermilion ...... $34.66 Massachu- Suffolk ...... $1,155.13 Kentucky ...... Spencer ...... $69.31 Louisiana ...... Vernon ...... $34.66 setts. Kentucky ...... Taylor ...... $34.66 Louisiana ...... Washington .... $46.21 Massachu- Worcester ...... $231.02 Kentucky ...... Todd ...... $34.66 Louisiana ...... Webster ...... $69.31 setts. Kentucky ...... Trigg ...... $34.66 Louisiana ...... West Baton $46.21 Michigan ...... Alcona ...... $46.21 Kentucky ...... Trimble ...... $34.66 Rouge. Michigan ...... Alger ...... $34.66 Kentucky ...... Union ...... $34.66 Louisiana ...... West Carroll ... $34.66 Michigan ...... Allegan ...... $69.31 Kentucky ...... Warren ...... $46.21 Louisiana ...... West Feliciana $34.66 Michigan ...... Alpena ...... $46.21 Kentucky ...... Washington .... $34.66 Louisiana ...... Winn ...... $34.66 Michigan ...... Antrim ...... $69.31 Kentucky ...... Wayne ...... $46.21 Maine ...... Androscoggin $46.21 Michigan ...... Arenac ...... $46.21 Kentucky ...... Webster ...... $34.66 Maine ...... Aroostook ...... $23.10 Michigan ...... Baraga ...... $23.10 Kentucky ...... Whitley ...... $34.66 Maine ...... Cumberland ... $115.52 Michigan ...... Barry ...... $69.31 Kentucky ...... Wolfe ...... $23.10 Maine ...... Franklin ...... $34.66 Michigan ...... Bay ...... $69.31 Kentucky ...... Woodford ...... $115.52 Maine ...... Hancock ...... $46.21 Michigan ...... Benzie ...... $69.31 Louisiana ...... Acadia ...... $34.66 Maine ...... Kennebec ...... $46.21 Michigan ...... Berrien ...... $115.52 Louisiana ...... Allen ...... $23.10 Maine ...... Knox ...... $69.31 Michigan ...... Branch ...... $46.21 Louisiana ...... Ascension ...... $69.31 Maine ...... Lincoln ...... $69.31 Michigan ...... Calhoun ...... $46.21 Louisiana ...... Assumption .... $34.66 Maine ...... Oxford ...... $46.21 Michigan ...... Cass ...... $46.21 Louisiana ...... Avoyelles ...... $34.66 Maine ...... Penobscot ...... $34.66 Michigan ...... Charlevoix ...... $69.31 Louisiana ...... Beauregard .... $34.66 Maine ...... Piscataquis .... $23.10 Michigan ...... Cheboygan .... $46.21 Louisiana ...... Bienville ...... $34.66 Maine ...... Sagadahoc ..... $69.31 Michigan ...... Chippewa ...... $34.66 Louisiana ...... Bossier ...... $34.66 Maine ...... Somerset ...... $34.66 Michigan ...... Clare ...... $46.21 Louisiana ...... Caddo ...... $34.66 Maine ...... Waldo ...... $34.66 Michigan ...... Clinton ...... $46.21 Louisiana ...... Calcasieu ...... $34.66 Maine ...... Washington .... $23.10 Michigan ...... Crawford ...... $69.31 Louisiana ...... Caldwell ...... $34.66 Maine ...... York ...... $115.52 Michigan ...... Delta ...... $34.66 Louisiana ...... Cameron ...... $34.66 Maryland ...... Allegany ...... $46.21 Michigan ...... Dickinson ...... $34.66 Louisiana ...... Catahoula ...... $23.10 Maryland ...... Anne Arundel $231.02 Michigan ...... Eaton ...... $69.31 Louisiana ...... Claiborne ...... $34.66 Maryland ...... Baltimore ...... $231.02 Michigan ...... Emmet ...... $69.31 Louisiana ...... Concordia ...... $23.10 Maryland ...... Calvert ...... $115.52 Michigan ...... Genesee ...... $115.52 Louisiana ...... De Soto ...... $34.66 Maryland ...... Caroline ...... $69.31 Michigan ...... Gladwin ...... $46.21 Louisiana ...... East Baton $69.31 Maryland ...... Carroll ...... $115.52 Michigan ...... Gogebic ...... $34.66 Rouge. Maryland ...... Cecil ...... $115.52 Michigan ...... Grand Tra- $115.52 Louisiana ...... East Carroll .... $23.10 Maryland ...... Charles ...... $69.31 verse. Louisiana ...... East Feliciana $46.21 Maryland ...... Dorchester ..... $69.31 Michigan ...... Gratiot ...... $46.21 Louisiana ...... Evangeline ..... $34.66 Maryland ...... Frederick ...... $115.52 Michigan ...... Hillsdale ...... $46.21 Louisiana ...... Franklin ...... $23.10 Maryland ...... Garrett ...... $46.21 Michigan ...... Houghton ...... $34.66 Louisiana ...... Grant ...... $34.66 Maryland ...... Harford ...... $115.52 Michigan ...... Huron ...... $46.21 Louisiana ...... Iberia ...... $46.21 Maryland ...... Howard ...... $115.52 Michigan ...... Ingham ...... $69.31 Louisiana ...... Iberville ...... $34.66 Maryland ...... Kent ...... $69.31 Michigan ...... Ionia ...... $69.31 Louisiana ...... Jackson ...... $69.31 Maryland ...... Montgomery ... $115.52 Michigan ...... Iosco ...... $46.21 Louisiana ...... Jefferson ...... $46.21 Maryland ...... Prince $231.02 Michigan ...... Iron ...... $34.66 Louisiana ...... Jefferson $23.10 George’s. Michigan ...... Isabella ...... $46.21 Davis. Maryland ...... Queen Anne’s $69.31 Michigan ...... Jackson ...... $69.31 Louisiana ...... La Salle ...... $34.66 Maryland ...... Somerset ...... $69.31 Michigan ...... Kalamazoo ..... $69.31 Louisiana ...... Lafayette ...... $69.31 Maryland ...... St. Mary’s ...... $69.31 Michigan ...... Kalkaska ...... $46.21 Louisiana ...... Lafourche ...... $34.66 Maryland ...... Talbot ...... $115.52 Michigan ...... Kent ...... $115.52 Louisiana ...... Lincoln ...... $46.21 Maryland ...... Washington .... $115.52 Michigan ...... Keweenaw ..... $46.21 Louisiana ...... Livingston ...... $69.31 Maryland ...... Wicomico ...... $69.31 Michigan ...... Lake ...... $46.21 Louisiana ...... Madison ...... $23.10 Maryland ...... Worcester ...... $46.21 Michigan ...... Lapeer ...... $115.52 Louisiana ...... Morehouse ..... $23.10 Massachu- Barnstable ...... $462.05 Michigan ...... Leelanau ...... $115.52 Louisiana ...... Natchitoches .. $34.66 setts. Michigan ...... Lenawee ...... $69.31 Louisiana ...... Orleans ...... $1,155.13 Massachu- Berkshire ...... $115.52 Michigan ...... Livingston ...... $115.52 Louisiana ...... Ouachita ...... $34.66 setts. Michigan ...... Luce ...... $34.66 Louisiana ...... Plaquemines .. $69.31 Massachu- Bristol ...... $462.05 Michigan ...... Mackinac ...... $34.66 Louisiana ...... Pointe Coupee $34.66 setts. Michigan ...... Macomb ...... $115.52 Louisiana ...... Rapides ...... $34.66 Massachu- Dukes ...... $231.02 Michigan ...... Manistee ...... $46.21 Louisiana ...... Red River ...... $23.10 setts. Michigan ...... Marquette ...... $34.66 Louisiana ...... Richland ...... $23.10 Massachu- Essex ...... $462.05 Michigan ...... Mason ...... $46.21 Louisiana ...... Sabine ...... $46.21 setts. Michigan ...... Mecosta ...... $46.21 Louisiana ...... St. Bernard .... $115.52 Massachu- Franklin ...... $115.52 Michigan ...... Menominee .... $34.66 Louisiana ...... St. Charles ..... $115.52 setts. Michigan ...... Midland ...... $69.31 Louisiana ...... St. Helena ...... $46.21 Massachu- Hampden ...... $231.02 Michigan ...... Missaukee ...... $46.21 Louisiana ...... St. James ...... $34.66 setts. Michigan ...... Monroe ...... $69.31

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(Fee/acre/ (Fee/acre/ (Fee/acre/ State County yr) State County yr) State County yr)

Michigan ...... Montcalm ...... $46.21 Minnesota ..... Mille Lacs ...... $34.66 Mississippi .... Jefferson $34.66 Michigan ...... Montmorency $46.21 Minnesota ..... Morrison ...... $34.66 Davis. Michigan ...... Muskegon ...... $69.31 Minnesota ..... Mower ...... $46.21 Mississippi .... Jones ...... $46.21 Michigan ...... Newaygo ...... $69.31 Minnesota ..... Murray ...... $34.66 Mississippi .... Kemper ...... $23.10 Michigan ...... Oakland ...... $231.02 Minnesota ..... Nicollet ...... $46.21 Mississippi .... Lafayette ...... $34.66 Michigan ...... Oceana ...... $69.31 Minnesota ..... Nobles ...... $34.66 Mississippi .... Lamar ...... $46.21 Michigan ...... Ogemaw ...... $46.21 Minnesota ..... Norman ...... $23.10 Mississippi .... Lauderdale ..... $34.66 Michigan ...... Ontonagon ..... $23.10 Minnesota ..... Olmsted ...... $46.21 Mississippi .... Lawrence ...... $34.66 Michigan ...... Osceola ...... $46.21 Minnesota ..... Otter Tail ...... $23.10 Mississippi .... Leake ...... $34.66 Michigan ...... Oscoda ...... $46.21 Minnesota ..... Pennington ..... $11.55 Mississippi .... Lee ...... $34.66 Michigan ...... Otsego ...... $46.21 Minnesota ..... Pine ...... $34.66 Mississippi .... Leflore ...... $23.10 Michigan ...... Ottawa ...... $115.52 Minnesota ..... Pipestone ...... $34.66 Mississippi .... Lincoln ...... $46.21 Michigan ...... Presque Isle ... $46.21 Minnesota ..... Polk ...... $23.10 Mississippi .... Lowndes ...... $23.10 Michigan ...... Roscommon ... $69.31 Minnesota ..... Pope ...... $23.10 Mississippi .... Madison ...... $34.66 Michigan ...... Saginaw ...... $46.21 Minnesota ..... Ramsey ...... $462.05 Mississippi .... Marion ...... $34.66 Michigan ...... Sanilac ...... $46.21 Minnesota ..... Red Lake ...... $23.10 Mississippi .... Marshall ...... $34.66 Michigan ...... Schoolcraft ..... $34.66 Minnesota ..... Redwood ...... $34.66 Mississippi .... Monroe ...... $23.10 Michigan ...... Shiawassee ... $46.21 Minnesota ..... Renville ...... $46.21 Mississippi .... Montgomery ... $23.10 Michigan ...... St. Clair ...... $115.52 Minnesota ..... Rice ...... $69.31 Mississippi .... Neshoba ...... $46.21 Michigan ...... St. Joseph ...... $46.21 Minnesota ..... Rock ...... $34.66 Mississippi .... Newton ...... $69.31 Michigan ...... Tuscola ...... $46.21 Minnesota ..... Roseau ...... $11.55 Mississippi .... Noxubee ...... $23.10 Michigan ...... Van Buren ...... $69.31 Minnesota ..... Scott ...... $69.31 Mississippi .... Oktibbeha ...... $34.66 Michigan ...... Washtenaw .... $115.52 Minnesota ..... Sherburne ...... $69.31 Mississippi .... Panola ...... $23.10 Michigan ...... Wayne ...... $231.02 Minnesota ..... Sibley ...... $46.21 Mississippi .... Pearl River ..... $69.31 Michigan ...... Wexford ...... $69.31 Minnesota ..... St. Louis ...... $34.66 Mississippi .... Perry ...... $46.21 Minnesota ..... Aitkin ...... $23.10 Minnesota ..... Stearns ...... $34.66 Mississippi .... Pike ...... $46.21 Minnesota ..... Anoka ...... $115.52 Minnesota ..... Steele ...... $46.21 Mississippi .... Pontotoc ...... $23.10 Minnesota ..... Becker ...... $23.10 Minnesota ..... Stevens ...... $34.66 Mississippi .... Prentiss ...... $23.10 Minnesota ..... Beltrami ...... $23.10 Minnesota ..... Swift ...... $23.10 Mississippi .... Quitman ...... $23.10 Minnesota ..... Benton ...... $46.21 Minnesota ..... Todd ...... $23.10 Mississippi .... Rankin ...... $34.66 Minnesota ..... Big Stone ...... $23.10 Minnesota ..... Traverse ...... $23.10 Mississippi .... Scott ...... $34.66 Minnesota ..... Blue Earth ...... $46.21 Minnesota ..... Wabasha ...... $34.66 Mississippi .... Sharkey ...... $23.10 Minnesota ..... Brown ...... $46.21 Minnesota ..... Wadena ...... $23.10 Mississippi .... Simpson ...... $46.21 Minnesota ..... Carlton ...... $23.10 Minnesota ..... Waseca ...... $46.21 Mississippi .... Smith ...... $46.21 Minnesota ..... Carver ...... $69.31 Minnesota ..... Washington .... $115.52 Mississippi .... Stone ...... $34.66 Minnesota ..... Cass ...... $23.10 Minnesota ..... Watonwan ...... $34.66 Mississippi .... Sunflower ...... $23.10 Minnesota ..... Chippewa ...... $34.66 Minnesota ..... Wilkin ...... $23.10 Mississippi .... Tallahatchie ... $23.10 Minnesota ..... Chisago ...... $69.31 Minnesota ..... Winona ...... $46.21 Mississippi .... Tate ...... $34.66 Minnesota ..... Clay ...... $23.10 Minnesota ..... Wright ...... $69.31 Mississippi .... Tippah ...... $23.10 Minnesota ..... Clearwater ..... $23.10 Minnesota ..... Yellow Medi- $34.66 Mississippi .... Tishomingo .... $34.66 Minnesota ..... Cook ...... $34.66 cine. Mississippi .... Tunica ...... $23.10 Minnesota ..... Cottonwood .... $34.66 Mississippi .... Adams ...... $23.10 Mississippi .... Union ...... $34.66 Minnesota ..... Crow Wing ..... $23.10 Mississippi .... Alcorn ...... $34.66 Mississippi .... Walthall ...... $69.31 Minnesota ..... Dakota ...... $69.31 Mississippi .... Amite ...... $34.66 Mississippi .... Warren ...... $23.10 Minnesota ..... Dodge ...... $46.21 Mississippi .... Attala ...... $34.66 Mississippi .... Washington .... $34.66 Minnesota ..... Douglas ...... $34.66 Mississippi .... Benton ...... $23.10 Mississippi .... Wayne ...... $34.66 Minnesota ..... Faribault ...... $46.21 Mississippi .... Bolivar ...... $23.10 Mississippi .... Webster ...... $23.10 Minnesota ..... Fillmore ...... $34.66 Mississippi .... Calhoun ...... $23.10 Mississippi .... Wilkinson ...... $34.66 Minnesota ..... Freeborn ...... $46.21 Mississippi .... Carroll ...... $23.10 Mississippi .... Winston ...... $34.66 Minnesota ..... Goodhue ...... $46.21 Mississippi .... Chickasaw ..... $23.10 Mississippi .... Yalobusha ...... $23.10 Minnesota ..... Grant ...... $34.66 Mississippi .... Choctaw ...... $23.10 Mississippi .... Yazoo ...... $23.10 Minnesota ..... Hennepin ...... $115.52 Mississippi .... Claiborne ...... $23.10 Missouri ...... Adair ...... $23.10 Minnesota ..... Houston ...... $34.66 Mississippi .... Clarke ...... $34.66 Missouri ...... Andrew ...... $34.66 Minnesota ..... Hubbard ...... $23.10 Mississippi .... Clay ...... $23.10 Missouri ...... Atchison ...... $34.66 Minnesota ..... Isanti ...... $46.21 Mississippi .... Coahoma ...... $23.10 Missouri ...... Audrain ...... $34.66 Minnesota ..... Itasca ...... $23.10 Mississippi .... Copiah ...... $34.66 Missouri ...... Barry ...... $34.66 Minnesota ..... Jackson ...... $34.66 Mississippi .... Covington ...... $34.66 Missouri ...... Barton ...... $23.10 Minnesota ..... Kanabec ...... $34.66 Mississippi .... DeSoto ...... $46.21 Missouri ...... Bates ...... $23.10 Minnesota ..... Kandiyohi ...... $34.66 Mississippi .... Forrest ...... $69.31 Missouri ...... Benton ...... $23.10 Minnesota ..... Kittson ...... $11.55 Mississippi .... Franklin ...... $34.66 Missouri ...... Bollinger ...... $34.66 Minnesota ..... Koochiching ... $23.10 Mississippi .... George ...... $69.31 Missouri ...... Boone ...... $69.31 Minnesota ..... Lac qui Parle $23.10 Mississippi .... Greene ...... $34.66 Missouri ...... Buchanan ...... $34.66 Minnesota ..... Lake ...... $34.66 Mississippi .... Grenada ...... $23.10 Missouri ...... Butler ...... $34.66 Minnesota ..... Lake of the $11.55 Mississippi .... Hancock ...... $46.21 Missouri ...... Caldwell ...... $34.66 Woods. Mississippi .... Harrison ...... $115.52 Missouri ...... Callaway ...... $34.66 Minnesota ..... Le Sueur ...... $46.21 Mississippi .... Hinds ...... $34.66 Missouri ...... Camden ...... $34.66 Minnesota ..... Lincoln ...... $23.10 Mississippi .... Holmes ...... $23.10 Missouri ...... Cape $46.21 Minnesota ..... Lyon ...... $34.66 Mississippi .... Humphreys .... $23.10 Girardeau. Minnesota ..... Mahnomen ..... $23.10 Mississippi .... Issaquena ...... $23.10 Missouri ...... Carroll ...... $34.66 Minnesota ..... Marshall ...... $11.55 Mississippi .... Itawamba ...... $23.10 Missouri ...... Carter ...... $23.10 Minnesota ..... Martin ...... $46.21 Mississippi .... Jackson ...... $115.52 Missouri ...... Cass ...... $34.66 Minnesota ..... McLeod ...... $46.21 Mississippi .... Jasper ...... $34.66 Missouri ...... Cedar ...... $23.10 Minnesota ..... Meeker ...... $34.66 Mississippi .... Jefferson ...... $34.66 Missouri ...... Chariton ...... $34.66

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(Fee/acre/ (Fee/acre/ (Fee/acre/ State County yr) State County yr) State County yr)

Missouri ...... Christian ...... $46.21 Missouri ...... Scott ...... $34.66 Montana ...... Treasure ...... $5.78 Missouri ...... Clark ...... $23.10 Missouri ...... Shannon ...... $23.10 Montana ...... Valley ...... $5.78 Missouri ...... Clay ...... $69.31 Missouri ...... Shelby ...... $23.10 Montana ...... Wheatland ...... $5.78 Missouri ...... Clinton ...... $34.66 Missouri ...... St. Louis ...... $69.31 Montana ...... Wibaux ...... $5.78 Missouri ...... Cole ...... $46.21 Missouri ...... St. Charles ..... $115.52 Montana ...... Yellowstone ... $11.55 Missouri ...... Cooper ...... $34.66 Missouri ...... St. Clair ...... $23.10 Nebraska ...... Adams ...... $34.66 Missouri ...... Crawford ...... $23.10 Missouri ...... St. Francois ... $46.21 Nebraska ...... Antelope ...... $23.10 Missouri ...... Dade ...... $34.66 Missouri ...... Ste. Gene- $34.66 Nebraska ...... Arthur ...... $5.78 Missouri ...... Dallas ...... $34.66 vieve. Nebraska ...... Banner ...... $5.78 Missouri ...... Daviess ...... $23.10 Missouri ...... Stoddard ...... $46.21 Nebraska ...... Blaine ...... $5.78 Missouri ...... DeKalb ...... $23.10 Missouri ...... Stone ...... $46.21 Nebraska ...... Boone ...... $23.10 Missouri ...... Dent ...... $23.10 Missouri ...... Sullivan ...... $23.10 Nebraska ...... Box Butte ...... $11.55 Missouri ...... Douglas ...... $23.10 Missouri ...... Taney ...... $34.66 Nebraska ...... Boyd ...... $11.55 Missouri ...... Dunklin ...... $46.21 Missouri ...... Texas ...... $23.10 Nebraska ...... Brown ...... $11.55 Missouri ...... Franklin ...... $46.21 Missouri ...... Vernon ...... $23.10 Nebraska ...... Buffalo ...... $34.66 Missouri ...... Gasconade .... $34.66 Missouri ...... Warren ...... $46.21 Nebraska ...... Burt ...... $34.66 Missouri ...... Gentry ...... $23.10 Missouri ...... Washington .... $34.66 Nebraska ...... Butler ...... $46.21 Missouri ...... Greene ...... $69.31 Missouri ...... Wayne ...... $23.10 Nebraska ...... Cass ...... $46.21 Missouri ...... Grundy ...... $23.10 Missouri ...... Webster ...... $34.66 Nebraska ...... Cedar ...... $23.10 Missouri ...... Harrison ...... $23.10 Missouri ...... Worth ...... $23.10 Nebraska ...... Chase ...... $23.10 Missouri ...... Henry ...... $23.10 Missouri ...... Wright ...... $34.66 Nebraska ...... Cherry ...... $5.78 Missouri ...... Hickory ...... $23.10 Montana ...... Beaverhead ... $11.55 Nebraska ...... Cheyenne ...... $11.55 Missouri ...... Holt ...... $34.66 Montana ...... Big Horn ...... $5.78 Nebraska ...... Clay ...... $34.66 Missouri ...... Howard ...... $34.66 Montana ...... Blaine ...... $5.78 Nebraska ...... Colfax ...... $34.66 Missouri ...... Howell ...... $34.66 Montana ...... Broadwater .... $11.55 Nebraska ...... Cuming ...... $34.66 Missouri ...... Iron ...... $34.66 Montana ...... Carbon ...... $23.10 Nebraska ...... Custer ...... $11.55 Missouri ...... Jackson ...... $69.31 Montana ...... Carter ...... $5.78 Nebraska ...... Dakota ...... $34.66 Missouri ...... Jasper ...... $34.66 Montana ...... Cascade ...... $11.55 Nebraska ...... Dawes ...... $11.55 Missouri ...... Jefferson ...... $69.31 Montana ...... Chouteau ...... $11.55 Nebraska ...... Dawson ...... $23.10 Missouri ...... Johnson ...... $34.66 Montana ...... Custer ...... $5.78 Nebraska ...... Deuel ...... $11.55 Missouri ...... Knox ...... $34.66 Montana ...... Daniels ...... $5.78 Nebraska ...... Dixon ...... $23.10 Missouri ...... Laclede ...... $34.66 Montana ...... Dawson ...... $5.78 Nebraska ...... Dodge ...... $46.21 Missouri ...... Lafayette ...... $34.66 Montana ...... Deer Lodge .... $23.10 Nebraska ...... Douglas ...... $115.52 Missouri ...... Lawrence ...... $34.66 Montana ...... Fallon ...... $5.78 Nebraska ...... Dundy ...... $11.55 Missouri ...... Lewis ...... $23.10 Montana ...... Fergus ...... $11.55 Nebraska ...... Fillmore ...... $34.66 Missouri ...... Lincoln ...... $46.21 Montana ...... Flathead ...... $46.21 Nebraska ...... Franklin ...... $23.10 Missouri ...... Linn ...... $23.10 Montana ...... Gallatin ...... $23.10 Nebraska ...... Frontier ...... $11.55 Missouri ...... Livingston ...... $34.66 Montana ...... Garfield ...... $5.78 Nebraska ...... Furnas ...... $11.55 Missouri ...... Macon ...... $23.10 Montana ...... Glacier ...... $11.55 Nebraska ...... Gage ...... $23.10 Missouri ...... Madison ...... $23.10 Montana ...... Golden Valley $5.78 Nebraska ...... Garden ...... $5.78 Missouri ...... Maries ...... $23.10 Montana ...... Granite ...... $23.10 Nebraska ...... Garfield ...... $11.55 Missouri ...... Marion ...... $23.10 Montana ...... Hill ...... $11.55 Nebraska ...... Gosper ...... $23.10 Missouri ...... McDonald ...... $46.21 Montana ...... Jefferson ...... $11.55 Nebraska ...... Grant ...... $5.78 Missouri ...... Mercer ...... $115.52 Montana ...... Judith Basin ... $11.55 Nebraska ...... Greeley ...... $23.10 Missouri ...... Miller ...... $34.66 Montana ...... Lake ...... $23.10 Nebraska ...... Hall ...... $34.66 Missouri ...... Mississippi ..... $34.66 Montana ...... Lewis and $11.55 Nebraska ...... Hamilton ...... $34.66 Missouri ...... Moniteau ...... $34.66 Clark. Nebraska ...... Harlan ...... $23.10 Missouri ...... Monroe ...... $23.10 Montana ...... Liberty ...... $11.55 Nebraska ...... Hayes ...... $11.55 Missouri ...... Montgomery ... $34.66 Montana ...... Lincoln ...... $69.31 Nebraska ...... Hitchcock ...... $11.55 Missouri ...... Morgan ...... $34.66 Montana ...... Madison ...... $23.10 Nebraska ...... Holt ...... $11.55 Missouri ...... New Madrid ... $34.66 Montana ...... McCone ...... $5.78 Nebraska ...... Hooker ...... $5.78 Missouri ...... Newton ...... $34.66 Montana ...... Meagher ...... $11.55 Nebraska ...... Howard ...... $23.10 Missouri ...... Nodaway ...... $23.10 Montana ...... Mineral ...... $46.21 Nebraska ...... Jefferson ...... $23.10 Missouri ...... Oregon ...... $23.10 Montana ...... Missoula ...... $34.66 Nebraska ...... Johnson ...... $23.10 Missouri ...... Osage ...... $34.66 Montana ...... Musselshell .... $5.78 Nebraska ...... Kearney ...... $34.66 Missouri ...... Ozark ...... $34.66 Montana ...... Park ...... $23.10 Nebraska ...... Keith ...... $11.55 Missouri ...... Pemiscot ...... $34.66 Montana ...... Petroleum ...... $5.78 Nebraska ...... Keya Paha ..... $11.55 Missouri ...... Perry ...... $34.66 Montana ...... Phillips ...... $5.78 Nebraska ...... Kimball ...... $5.78 Missouri ...... Pettis ...... $34.66 Montana ...... Pondera ...... $11.55 Nebraska ...... Knox ...... $23.10 Missouri ...... Phelps ...... $34.66 Montana ...... Powder River $5.78 Nebraska ...... Lancaster ...... $46.21 Missouri ...... Pike ...... $34.66 Montana ...... Powell ...... $11.55 Nebraska ...... Lincoln ...... $11.55 Missouri ...... Platte ...... $46.21 Montana ...... Prairie ...... $5.78 Nebraska ...... Logan ...... $5.78 Missouri ...... Polk ...... $34.66 Montana ...... Ravalli ...... $69.31 Nebraska ...... Loup ...... $5.78 Missouri ...... Pulaski ...... $34.66 Montana ...... Richland ...... $5.78 Nebraska ...... Madison ...... $34.66 Missouri ...... Putnam ...... $23.10 Montana ...... Roosevelt ...... $5.78 Nebraska ...... McPherson ..... $5.78 Missouri ...... Ralls ...... $34.66 Montana ...... Rosebud ...... $5.78 Nebraska ...... Merrick ...... $34.66 Missouri ...... Randolph ...... $23.10 Montana ...... Sanders ...... $23.10 Nebraska ...... Morrill ...... $11.55 Missouri ...... Ray ...... $34.66 Montana ...... Sheridan ...... $11.55 Nebraska ...... Nance ...... $23.10 Missouri ...... Reynolds ...... $23.10 Montana ...... Silver Bow ...... $23.10 Nebraska ...... Nemaha ...... $34.66 Missouri ...... Ripley ...... $23.10 Montana ...... Stillwater ...... $11.55 Nebraska ...... Nuckolls ...... $23.10 Missouri ...... Saline ...... $34.66 Montana ...... Sweet Grass .. $11.55 Nebraska ...... Otoe ...... $34.66 Missouri ...... Schuyler ...... $23.10 Montana ...... Teton ...... $11.55 Nebraska ...... Pawnee ...... $23.10 Missouri ...... Scotland ...... $23.10 Montana ...... Toole ...... $11.55 Nebraska ...... Perkins ...... $23.10

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(Fee/acre/ (Fee/acre/ (Fee/acre/ State County yr) State County yr) State County yr)

Nebraska ...... Phelps ...... $34.66 New Jersey ... Middlesex ...... $462.05 New York ...... New York ...... $231.02 Nebraska ...... Pierce ...... $23.10 New Jersey ... Monmouth ...... $462.05 New York ...... Niagara ...... $34.66 Nebraska ...... Platte ...... $34.66 New Jersey ... Morris ...... $693.08 New York ...... Oneida ...... $23.10 Nebraska ...... Polk ...... $34.66 New Jersey ... Ocean ...... $462.05 New York ...... Onondaga ...... $34.66 Nebraska ...... Red Willow ..... $11.55 New Jersey ... Passaic ...... $693.08 New York ...... Ontario ...... $34.66 Nebraska ...... Richardson ..... $23.10 New Jersey ... Salem ...... $115.52 New York ...... Orange ...... $115.52 Nebraska ...... Rock ...... $11.55 New Jersey ... Somerset ...... $462.05 New York ...... Orleans ...... $23.10 Nebraska ...... Saline ...... $34.66 New Jersey ... Sussex ...... $231.02 New York ...... Oswego ...... $46.21 Nebraska ...... Sarpy ...... $69.31 New Jersey ... Union ...... $2,310.26 New York ...... Otsego ...... $34.66 Nebraska ...... Saunders ...... $46.21 New Jersey ... Warren ...... $231.02 New York ...... Putnam ...... $231.02 Nebraska ...... Scotts Bluff .... $23.10 New Mexico .. Bernalillo ...... $11.55 New York ...... Queens ...... $34.66 Nebraska ...... Seward ...... $34.66 New Mexico .. Catron ...... $5.78 New York ...... Rensselaer ..... $69.31 Nebraska ...... Sheridan ...... $5.78 New Mexico .. Chaves ...... $5.78 New York ...... Richmond ...... $2,310.26 Nebraska ...... Sherman ...... $11.55 New Mexico .. Cibola ...... $5.78 New York ...... Rockland ...... $693.08 Nebraska ...... Sioux ...... $5.78 New Mexico .. Colfax ...... $5.78 New York ...... Saratoga ...... $69.31 Nebraska ...... Stanton ...... $34.66 New Mexico .. Curry ...... $11.55 New York ...... Schenectady .. $46.21 Nebraska ...... Thayer ...... $34.66 New Mexico .. De Baca ...... $5.78 New York ...... Schoharie ...... $34.66 Nebraska ...... Thomas ...... $5.78 New Mexico .. Dona Ana ...... $34.66 New York ...... Schuyler ...... $34.66 Nebraska ...... Thurston ...... $34.66 New Mexico .. Eddy ...... $5.78 New York ...... Seneca ...... $34.66 Nebraska ...... Valley ...... $23.10 New Mexico .. Grant ...... $5.78 New York ...... St. Lawrence .. $23.10 Nebraska ...... Washington .... $46.21 New Mexico .. Guadalupe ..... $5.78 New York ...... Steuben ...... $23.10 Nebraska ...... Wayne ...... $34.66 New Mexico .. Harding * ...... $5.78 New York ...... Suffolk ...... $462.05 Nebraska ...... Webster ...... $23.10 New Mexico .. Hidalgo ...... $5.78 New York ...... Sullivan ...... $69.31 Nebraska ...... Wheeler ...... $11.55 New Mexico .. Lea ...... $5.78 Nebraska ...... York ...... $46.21 New Mexico .. Lincoln ...... $5.78 New York ...... Tioga ...... $34.66 Nevada ...... Carson City .... $69.31 New Mexico .. Los Alamos * .. $5.78 New York ...... Tompkins ...... $34.66 Nevada ...... Churchill ...... $34.66 New Mexico .. Luna ...... $5.78 New York ...... Ulster ...... $69.31 Nevada ...... Clark ...... $69.31 New Mexico .. McKinley ...... $5.78 New York ...... Warren ...... $69.31 Nevada ...... Douglas ...... $23.10 New Mexico .. Mora ...... $5.78 New York ...... Washington .... $34.66 Nevada ...... Elko ...... $5.78 New Mexico .. Otero ...... $5.78 New York ...... Wayne ...... $46.21 Nevada ...... Esmeralda ...... $23.10 New Mexico .. Quay ...... $5.78 New York ...... Westchester ... $462.05 Nevada ...... Eureka ...... $5.78 New Mexico .. Rio Arriba ...... $11.55 New York ...... Wyoming ...... $34.66 Nevada ...... Humboldt ...... $11.55 New Mexico .. Roosevelt ...... $5.78 New York ...... Yates ...... $34.66 Nevada ...... Lander ...... $5.78 New Mexico .. San Juan ...... $11.55 North Caro- Alamance ...... $115.52 Nevada ...... Lincoln ...... $23.10 New Mexico .. San Miguel ..... $5.78 lina. Nevada ...... Lyon ...... $34.66 New Mexico .. Sandoval ...... $5.78 North Caro- Alexander ...... $115.52 Nevada ...... Mineral ...... $5.78 New Mexico .. Santa Fe ...... $11.55 lina. Nevada ...... Nye ...... $23.10 New Mexico .. Sierra ...... $5.78 North Caro- Alleghany ...... $69.31 Nevada ...... Pershing ...... $23.10 New Mexico .. Socorro ...... $5.78 lina. Nevada ...... Storey ...... $693.08 New Mexico .. Taos ...... $11.55 North Caro- Anson ...... $69.31 Nevada ...... Washoe ...... $11.55 New Mexico .. Torrance ...... $5.78 lina. Nevada ...... White Pine ..... $11.55 New Mexico .. Union ...... $5.78 North Caro- Ashe ...... $115.52 New Hamp- Belknap ...... $69.31 New Mexico .. Valencia ...... $23.10 lina. shire. New York ...... Albany ...... $69.31 North Caro- Avery ...... $115.52 New Hamp- Carroll ...... $69.31 New York ...... Allegany ...... $23.10 lina. shire. New York ...... Bronx * ...... $34.66 North Caro- Beaufort ...... $46.21 New Hamp- Cheshire ...... $69.31 New York ...... Broome ...... $69.31 lina. shire. New York ...... Cattaraugus ... $34.66 North Caro- Bertie ...... $46.21 New Hamp- Coos ...... $23.10 New York ...... Cayuga ...... $34.66 lina. shire. New York ...... Chautauqua ... $34.66 North Caro- Bladen ...... $69.31 New Hamp- Grafton ...... $46.21 New York ...... Chemung ...... $34.66 lina. shire. New York ...... Chenango ...... $23.10 North Caro- Brunswick ...... $69.31 New Hamp- Hillsborough ... $115.52 New York ...... Clinton ...... $23.10 lina. shire. New York ...... Columbia ...... $69.31 North Caro- Buncombe ...... $115.52 New Hamp- Merrimack ...... $69.31 New York ...... Cortland ...... $23.10 lina. shire. New York ...... Delaware ...... $34.66 North Caro- Burke ...... $115.52 New Hamp- Rockingham ... $231.02 New York ...... Dutchess ...... $231.02 lina. shire. New York ...... Erie ...... $34.66 North Caro- Cabarrus ...... $115.52 New Hamp- Strafford ...... $69.31 New York ...... Essex ...... $34.66 lina. shire. New York ...... Franklin ...... $23.10 North Caro- Caldwell ...... $115.52 New Hamp- Sullivan ...... $69.31 New York ...... Fulton ...... $34.66 lina. shire. New York ...... Genesee ...... $34.66 North Caro- Camden ...... $46.21 New Jersey ... Atlantic ...... $115.52 New York ...... Greene ...... $46.21 lina. New Jersey ... Bergen ...... $1,155.13 New York ...... Hamilton * ...... $34.66 North Caro- Carteret ...... $46.21 New Jersey ... Burlington ...... $231.02 New York ...... Herkimer ...... $23.10 lina. New Jersey ... Camden ...... $231.02 New York ...... Jefferson ...... $23.10 North Caro- Caswell ...... $69.31 New Jersey ... Cape May ...... $231.02 New York ...... Kings * ...... $34.66 lina. New Jersey ... Cumberland ... $115.52 New York ...... Lewis ...... $23.10 North Caro- Catawba ...... $69.31 New Jersey ... Essex ...... $1,155.13 New York ...... Livingston ...... $34.66 lina. New Jersey ... Gloucester ..... $231.02 New York ...... Madison ...... $34.66 North Caro- Chatham ...... $69.31 New Jersey ... Hudson * ...... $231.02 New York ...... Monroe ...... $46.21 lina. New Jersey ... Hunterdon ...... $231.02 New York ...... Montgomery ... $34.66 North Caro- Cherokee ...... $115.52 New Jersey ... Mercer ...... $462.05 New York ...... Nassau ...... $693.08 lina.

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(Fee/acre/ (Fee/acre/ (Fee/acre/ State County yr) State County yr) State County yr)

North Caro- Chowan ...... $46.21 North Caro- Madison ...... $115.52 North Caro- Warren ...... $46.21 lina. lina. lina. North Caro- Clay ...... $115.52 North Caro- Martin ...... $46.21 North Caro- Washington .... $46.21 lina. lina. lina. North Caro- Cleveland ...... $69.31 North Caro- McDowell ...... $69.31 North Caro- Watauga ...... $115.52 lina. lina. lina. North Caro- Columbus ...... $46.21 North Caro- Mecklenburg .. $231.02 North Caro- Wayne ...... $69.31 lina. lina. lina. North Caro- Craven ...... $46.21 North Caro- Mitchell ...... $115.52 North Caro- Wilkes ...... $69.31 lina. lina. lina. North Caro- Cumberland ... $69.31 North Caro- Montgomery ... $69.31 North Caro- Wilson ...... $46.21 lina. lina. lina. North Caro- Currituck ...... $69.31 North Caro- Moore ...... $69.31 North Caro- Yadkin ...... $69.31 lina. lina. lina. North Caro- Dare ...... $34.66 North Caro- Nash ...... $69.31 North Caro- Yancey ...... $115.52 lina. lina. lina. North Caro- Davidson ...... $115.52 North Caro- New Hanover $231.02 North Dakota Adams ...... $5.78 lina. lina. North Dakota Barnes ...... $11.55 North Caro- Davie ...... $115.52 North Caro- Northampton .. $46.21 North Dakota Benson ...... $11.55 lina. lina. North Dakota Billings ...... $5.78 North Caro- Duplin ...... $69.31 North Caro- Onslow ...... $69.31 North Dakota Bottineau ...... $11.55 lina. lina. North Dakota Bowman ...... $5.78 North Caro- Durham ...... $115.52 North Caro- Orange ...... $115.52 North Dakota Burke ...... $5.78 lina. lina. North Dakota Burleigh ...... $11.55 North Caro- Edgecombe .... $46.21 North Caro- Pamlico ...... $46.21 North Dakota Cass ...... $23.10 North Dakota Cavalier ...... $11.55 lina. lina. North Dakota Dickey ...... $11.55 North Caro- Forsyth ...... $115.52 North Caro- Pasquotank .... $46.21 North Dakota Divide ...... $5.78 lina. lina. North Dakota Dunn ...... $5.78 North Caro- Franklin ...... $69.31 North Caro- Pender ...... $69.31 North Dakota Eddy ...... $11.55 lina. lina. North Dakota Emmons ...... $5.78 North Caro- Gaston ...... $115.52 North Caro- Perquimans .... $46.21 North Dakota Foster ...... $11.55 lina. lina. North Dakota Golden Valley $5.78 North Caro- Gates ...... $34.66 North Caro- Person ...... $46.21 North Dakota Grand Forks ... $23.10 lina. lina. North Dakota Grant ...... $5.78 North Caro- Graham ...... $69.31 North Caro- Pitt ...... $46.21 North Dakota Griggs ...... $11.55 lina. lina. North Dakota Hettinger ...... $11.55 North Caro- Granville ...... $69.31 North Caro- Polk ...... $115.52 North Dakota Kidder ...... $5.78 lina. lina. North Dakota LaMoure ...... $11.55 North Caro- Greene ...... $69.31 North Caro- Randolph ...... $115.52 North Dakota Logan ...... $5.78 lina. lina. North Dakota McHenry ...... $11.55 North Caro- Guilford ...... $115.52 North Caro- Richmond ...... $46.21 North Dakota McIntosh ...... $5.78 lina. lina. North Dakota McKenzie ...... $5.78 North Caro- Halifax ...... $34.66 North Caro- Robeson ...... $46.21 North Dakota McLean ...... $11.55 lina. lina. North Dakota Mercer ...... $5.78 North Caro- Harnett ...... $69.31 North Caro- Rockingham ... $69.31 North Dakota Morton ...... $5.78 lina. lina. North Dakota Mountrail ...... $5.78 North Caro- Haywood ...... $115.52 North Caro- Rowan ...... $69.31 North Dakota Nelson ...... $11.55 lina. lina. North Dakota Oliver ...... $5.78 North Caro- Henderson ..... $115.52 North Caro- Rutherford ...... $69.31 North Dakota Pembina ...... $23.10 lina. lina. North Dakota Pierce ...... $11.55 North Caro- Hertford ...... $46.21 North Caro- Sampson ...... $69.31 North Dakota Ramsey ...... $11.55 lina. lina. North Dakota Ransom ...... $11.55 North Caro- Hoke ...... $69.31 North Caro- Scotland ...... $46.21 North Dakota Renville ...... $11.55 lina. lina. North Dakota Richland ...... $23.10 North Caro- Hyde ...... $34.66 North Caro- Stanly ...... $69.31 North Dakota Rolette ...... $11.55 lina. lina. North Dakota Sargent ...... $11.55 North Caro- Iredell ...... $115.52 North Caro- Stokes ...... $69.31 North Dakota Sheridan ...... $5.78 lina. lina. North Dakota Sioux ...... $5.78 North Caro- Jackson ...... $115.52 North Caro- Surry ...... $69.31 North Dakota Slope ...... $5.78 lina. lina. North Dakota Stark ...... $11.55 North Caro- Johnston ...... $69.31 North Caro- Swain ...... $115.52 North Dakota Steele ...... $11.55 lina. lina. North Dakota Stutsman ...... $11.55 North Caro- Jones ...... $46.21 North Caro- Transylvania .. $231.02 North Dakota Towner ...... $11.55 lina. lina. North Dakota Traill ...... $23.10 North Caro- Lee ...... $69.31 North Caro- Tyrrell ...... $34.66 North Dakota Walsh ...... $23.10 lina. lina. North Dakota Ward ...... $11.55 North Caro- Lenoir ...... $69.31 North Caro- Union ...... $69.31 North Dakota Wells ...... $11.55 lina. lina. North Dakota Williams ...... $11.55 North Caro- Lincoln ...... $115.52 North Caro- Vance ...... $46.21 Ohio ...... Adams ...... $46.21 lina. lina. Ohio ...... Allen ...... $69.31 North Caro- Macon ...... $115.52 North Caro- Wake ...... $231.02 Ohio ...... Ashland ...... $69.31 lina. lina. Ohio ...... Ashtabula ...... $46.21

VerDate Nov<24>2008 16:27 Feb 23, 2009 Jkt 217001 PO 00000 Frm 00054 Fmt 4700 Sfmt 4700 E:\FR\FM\24FER1.SGM 24FER1 mstockstill on PROD1PC66 with RULES Federal Register / Vol. 74, No. 35 / Tuesday, February 24, 2009 / Rules and Regulations 8195

(Fee/acre/ (Fee/acre/ (Fee/acre/ State County yr) State County yr) State County yr)

Ohio ...... Athens ...... $34.66 Ohio ...... Trumbull ...... $69.31 Oklahoma ..... Pottawatomie $23.10 Ohio ...... Auglaize ...... $69.31 Ohio ...... Tuscarawas ... $69.31 Oklahoma ..... Pushmataha ... $11.55 Ohio ...... Belmont ...... $34.66 Ohio ...... Union ...... $69.31 Oklahoma ..... Roger Mills ..... $11.55 Ohio ...... Brown ...... $46.21 Ohio ...... Van Wert ...... $69.31 Oklahoma ..... Rogers ...... $34.66 Ohio ...... Butler ...... $115.52 Ohio ...... Vinton ...... $46.21 Oklahoma ..... Seminole ...... $23.10 Ohio ...... Carroll ...... $46.21 Ohio ...... Warren ...... $115.52 Oklahoma ..... Sequoyah ...... $34.66 Ohio ...... Champaign .... $69.31 Ohio ...... Washington .... $46.21 Oklahoma ..... Stephens ...... $23.10 Ohio ...... Clark ...... $69.31 Ohio ...... Wayne ...... $115.52 Oklahoma ..... Texas ...... $11.55 Ohio ...... Clermont ...... $69.31 Ohio ...... Williams ...... $46.21 Oklahoma ..... Tillman ...... $11.55 Ohio ...... Clinton ...... $69.31 Ohio ...... Wood ...... $69.31 Oklahoma ..... Tulsa ...... $46.21 Ohio ...... Columbiana .... $69.31 Ohio ...... Wyandot ...... $69.31 Oklahoma ..... Wagoner ...... $34.66 Ohio ...... Coshocton ...... $46.21 Oklahoma ..... Adair ...... $23.10 Oklahoma ..... Washington .... $23.10 Ohio ...... Crawford ...... $46.21 Oklahoma ..... Alfalfa ...... $23.10 Oklahoma ..... Washita ...... $11.55 Ohio ...... Cuyahoga ...... $462.05 Oklahoma ..... Atoka ...... $23.10 Oklahoma ..... Woods ...... $11.55 Ohio ...... Darke ...... $69.31 Oklahoma ..... Beaver ...... $11.55 Oklahoma ..... Woodward ...... $11.55 Ohio ...... Defiance ...... $46.21 Oklahoma ..... Beckham ...... $11.55 Oregon ...... Baker ...... $11.55 Ohio ...... Delaware ...... $115.52 Oklahoma ..... Blaine ...... $11.55 Oregon ...... Benton ...... $115.52 Ohio ...... Erie ...... $69.31 Oklahoma ..... Bryan ...... $23.10 Oregon ...... Clackamas ..... $231.02 Ohio ...... Fairfield ...... $69.31 Oklahoma ..... Caddo ...... $11.55 Oregon ...... Clatsop ...... $69.31 Ohio ...... Fayette ...... $46.21 Oklahoma ..... Canadian ...... $23.10 Oregon ...... Columbia ...... $115.52 Ohio ...... Franklin ...... $115.52 Oklahoma ..... Carter ...... $23.10 Oregon ...... Coos ...... $69.31 Ohio ...... Fulton ...... $69.31 Oklahoma ..... Cherokee ...... $23.10 Oregon ...... Crook ...... $11.55 Ohio ...... Gallia ...... $34.66 Oklahoma ..... Choctaw ...... $11.55 Oregon ...... Curry ...... $46.21 Ohio ...... Geauga ...... $115.52 Oklahoma ..... Cimarron ...... $5.78 Oregon ...... Deschutes ...... $115.52 Ohio ...... Greene ...... $69.31 Oklahoma ..... Cleveland ...... $34.66 Oregon ...... Douglas ...... $46.21 Ohio ...... Guernsey ...... $46.21 Oklahoma ..... Coal ...... $23.10 Oregon ...... Gilliam ...... $5.78 Ohio ...... Hamilton ...... $115.52 Oklahoma ..... Comanche ..... $23.10 Oregon ...... Grant ...... $5.78 Ohio ...... Hancock ...... $46.21 Oklahoma ..... Cotton ...... $11.55 Oregon ...... Harney ...... $5.78 Ohio ...... Hardin ...... $46.21 Oklahoma ..... Craig ...... $23.10 Oregon ...... Hood River ..... $231.02 Ohio ...... Harrison ...... $23.10 Oklahoma ..... Creek ...... $23.10 Oregon ...... Jackson ...... $69.31 Ohio ...... Henry ...... $69.31 Oklahoma ..... Custer ...... $11.55 Oregon ...... Jefferson ...... $11.55 Ohio ...... Highland ...... $46.21 Oklahoma ..... Delaware ...... $34.66 Oregon ...... Josephine ...... $115.52 Ohio ...... Hocking ...... $69.31 Oklahoma ..... Dewey ...... $11.55 Oregon ...... Klamath ...... $23.10 Ohio ...... Holmes ...... $69.31 Oklahoma ..... Ellis ...... $11.55 Oregon ...... Lake ...... $11.55 Ohio ...... Huron ...... $69.31 Oklahoma ..... Garfield ...... $23.10 Oregon ...... Lane ...... $115.52 Ohio ...... Jackson ...... $34.66 Oklahoma ..... Garvin ...... $23.10 Oregon ...... Lincoln ...... $69.31 Ohio ...... Jefferson ...... $34.66 Oklahoma ..... Grady ...... $23.10 Oregon ...... Linn ...... $69.31 Ohio ...... Knox ...... $69.31 Oklahoma ..... Grant ...... $11.55 Oregon ...... Malheur ...... $11.55 Ohio ...... Lake ...... $231.02 Oklahoma ..... Greer ...... $11.55 Oregon ...... Marion ...... $115.52 Ohio ...... Lawrence ...... $34.66 Oklahoma ..... Harmon ...... $11.55 Oregon ...... Morrow ...... $11.55 Ohio ...... Licking ...... $69.31 Oklahoma ..... Harper ...... $11.55 Oregon ...... Multnomah ..... $231.02 Ohio ...... Logan ...... $46.21 Oklahoma ..... Haskell ...... $23.10 Oregon ...... Polk ...... $115.52 Ohio ...... Lorain ...... $69.31 Oklahoma ..... Hughes ...... $11.55 Oregon ...... Sherman ...... $11.55 Ohio ...... Lucas ...... $69.31 Oklahoma ..... Jackson ...... $11.55 Oregon ...... Tillamook ...... $115.52 Ohio ...... Madison ...... $69.31 Oklahoma ..... Jefferson ...... $11.55 Oregon ...... Umatilla ...... $23.10 Ohio ...... Mahoning ...... $69.31 Oklahoma ..... Johnston ...... $23.10 Oregon ...... Union ...... $23.10 Ohio ...... Marion ...... $46.21 Oklahoma ..... Kay ...... $23.10 Oregon ...... Wallowa ...... $11.55 Ohio ...... Medina ...... $115.52 Oklahoma ..... Kingfisher ...... $23.10 Oregon ...... Wasco ...... $11.55 Ohio ...... Meigs ...... $34.66 Oklahoma ..... Kiowa ...... $11.55 Oregon ...... Washington .... $231.02 Ohio ...... Mercer ...... $69.31 Oklahoma ..... Latimer ...... $23.10 Oregon ...... Wheeler ...... $5.78 Ohio ...... Miami ...... $69.31 Oklahoma ..... Le Flore ...... $23.10 Oregon ...... Yamhill ...... $231.02 Ohio ...... Monroe ...... $34.66 Oklahoma ..... Lincoln ...... $23.10 Pennsylvania Adams ...... $115.52 Ohio ...... Montgomery ... $115.52 Oklahoma ..... Logan ...... $23.10 Pennsylvania Allegheny ...... $115.52 Ohio ...... Morgan ...... $34.66 Oklahoma ..... Love ...... $23.10 Pennsylvania Armstrong ...... $46.21 Ohio ...... Morrow ...... $46.21 Oklahoma ..... Major ...... $11.55 Pennsylvania Beaver ...... $69.31 Ohio ...... Muskingum .... $46.21 Oklahoma ..... Marshall ...... $23.10 Pennsylvania Bedford ...... $46.21 Ohio ...... Noble ...... $34.66 Oklahoma ..... Mayes ...... $23.10 Pennsylvania Berks ...... $115.52 Ohio ...... Ottawa ...... $46.21 Oklahoma ..... McClain ...... $23.10 Pennsylvania Blair ...... $69.31 Ohio ...... Paulding ...... $46.21 Oklahoma ..... McCurtain ...... $23.10 Pennsylvania Bradford ...... $34.66 Ohio ...... Perry ...... $46.21 Oklahoma ..... McIntosh ...... $23.10 Pennsylvania Bucks ...... $231.02 Ohio ...... Pickaway ...... $69.31 Oklahoma ..... Murray ...... $23.10 Pennsylvania Butler ...... $115.52 Ohio ...... Pike ...... $34.66 Oklahoma ..... Muskogee ...... $23.10 Pennsylvania Cambria ...... $69.31 Ohio ...... Portage ...... $115.52 Oklahoma ..... Noble ...... $23.10 Pennsylvania Cameron ...... $46.21 Ohio ...... Preble ...... $69.31 Oklahoma ..... Nowata ...... $23.10 Pennsylvania Carbon ...... $115.52 Ohio ...... Putnam ...... $46.21 Oklahoma ..... Okfuskee ...... $23.10 Pennsylvania Centre ...... $69.31 Ohio ...... Richland ...... $69.31 Oklahoma ..... Oklahoma ...... $46.21 Pennsylvania Chester ...... $231.02 Ohio ...... Ross ...... $46.21 Oklahoma ..... Okmulgee ...... $23.10 Pennsylvania Clarion ...... $34.66 Ohio ...... Sandusky ...... $46.21 Oklahoma ..... Osage ...... $11.55 Pennsylvania Clearfield ...... $34.66 Ohio ...... Scioto ...... $34.66 Oklahoma ..... Ottawa ...... $34.66 Pennsylvania Clinton ...... $69.31 Ohio ...... Seneca ...... $46.21 Oklahoma ..... Pawnee ...... $11.55 Pennsylvania Columbia ...... $69.31 Ohio ...... Shelby ...... $69.31 Oklahoma ..... Payne ...... $23.10 Pennsylvania Crawford ...... $34.66 Ohio ...... Stark ...... $115.52 Oklahoma ..... Pittsburg ...... $23.10 Pennsylvania Cumberland ... $115.52 Ohio ...... Summit ...... $115.52 Oklahoma ..... Pontotoc ...... $23.10 Pennsylvania Dauphin ...... $115.52

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(Fee/acre/ (Fee/acre/ (Fee/acre/ State County yr) State County yr) State County yr)

Pennsylvania Delaware ...... $462.05 South Caro- Cherokee ...... $46.21 South Dakota Beadle ...... $11.55 Pennsylvania Elk ...... $69.31 lina. South Dakota Bennett ...... $5.78 Pennsylvania Erie ...... $46.21 South Caro- Chester ...... $46.21 South Dakota Bon Homme ... $23.10 Pennsylvania Fayette ...... $34.66 lina. South Dakota Brookings ...... $23.10 Pennsylvania Forest ...... $46.21 South Caro- Chesterfield .... $34.66 South Dakota Brown ...... $23.10 Pennsylvania Franklin ...... $115.52 lina. South Dakota Brule ...... $11.55 Pennsylvania Fulton ...... $46.21 South Caro- Clarendon ...... $34.66 South Dakota Buffalo ...... $5.78 Pennsylvania Greene ...... $23.10 lina. South Dakota Butte ...... $5.78 Pennsylvania Huntingdon .... $46.21 South Caro- Colleton ...... $34.66 South Dakota Campbell ...... $11.55 Pennsylvania Indiana ...... $46.21 lina. South Dakota Charles Mix .... $11.55 Pennsylvania Jefferson ...... $34.66 South Caro- Darlington ...... $23.10 South Dakota Clark ...... $23.10 Pennsylvania Juniata ...... $69.31 lina. South Dakota Clay ...... $34.66 Pennsylvania Lackawanna ... $69.31 South Caro- Dillon ...... $34.66 South Dakota Codington ...... $23.10 Pennsylvania Lancaster ...... $231.02 lina. South Dakota Corson ...... $5.78 Pennsylvania Lawrence ...... $46.21 South Caro- Dorchester ..... $46.21 South Dakota Custer ...... $11.55 Pennsylvania Lebanon ...... $115.52 lina. South Dakota Davison ...... $23.10 Pennsylvania Lehigh ...... $115.52 South Caro- Edgefield ...... $46.21 South Dakota Day ...... $11.55 Pennsylvania Luzerne ...... $69.31 lina. South Dakota Deuel ...... $23.10 Pennsylvania Lycoming ...... $46.21 South Caro- Fairfield ...... $34.66 South Dakota Dewey ...... $5.78 Pennsylvania McKean ...... $23.10 lina. South Dakota Douglas ...... $23.10 Pennsylvania Mercer ...... $46.21 South Caro- Florence ...... $34.66 South Dakota Edmunds ...... $11.55 South Dakota Fall River ...... $5.78 Pennsylvania Mifflin ...... $69.31 lina. South Dakota Faulk ...... $11.55 Pennsylvania Monroe ...... $115.52 South Caro- Georgetown ... $46.21 South Dakota Grant ...... $23.10 Pennsylvania Montgomery ... $462.05 lina. South Dakota Gregory ...... $11.55 Pennsylvania Montour ...... $69.31 South Caro- Greenville ...... $69.31 South Dakota Haakon ...... $5.78 Pennsylvania Northampton .. $115.52 lina. South Caro- Greenwood .... $34.66 South Dakota Hamlin ...... $23.10 Pennsylvania Northumber- $69.31 South Dakota Hand ...... $11.55 land. lina. South Caro- Hampton ...... $34.66 South Dakota Hanson ...... $23.10 Pennsylvania Perry ...... $69.31 lina. South Dakota Harding ...... $5.78 Pennsylvania Philadelphia ... $693.08 South Caro- Horry ...... $46.21 South Dakota Hughes ...... $11.55 Pennsylvania Pike ...... $69.31 lina. South Dakota Hutchinson ..... $23.10 Pennsylvania Potter ...... $34.66 South Caro- Jasper ...... $34.66 South Dakota Hyde ...... $5.78 Pennsylvania Schuylkill ...... $69.31 lina. South Dakota Jackson ...... $5.78 Pennsylvania Snyder ...... $69.31 South Caro- Kershaw ...... $46.21 South Dakota Jerauld ...... $11.55 Pennsylvania Somerset ...... $46.21 lina. South Dakota Jones ...... $5.78 Pennsylvania Sullivan ...... $46.21 South Caro- Lancaster ...... $46.21 South Dakota Kingsbury ...... $23.10 Pennsylvania Susquehanna $46.21 lina. South Dakota Lake ...... $23.10 Pennsylvania Tioga ...... $46.21 South Caro- Laurens ...... $46.21 South Dakota Lawrence ...... $23.10 Pennsylvania Union ...... $115.52 lina. South Dakota Lincoln ...... $34.66 Pennsylvania Venango ...... $34.66 South Caro- Lee ...... $34.66 South Dakota Lyman ...... $11.55 Pennsylvania Warren ...... $34.66 lina. South Dakota Marshall ...... $11.55 Pennsylvania Washington .... $46.21 South Caro- Lexington ...... $69.31 South Dakota McCook ...... $23.10 Pennsylvania Wayne ...... $46.21 lina. South Dakota McPherson ..... $11.55 Pennsylvania Westmoreland $69.31 South Caro- Marion ...... $34.66 South Dakota Meade ...... $5.78 Pennsylvania Wyoming ...... $46.21 lina. South Dakota Mellette ...... $5.78 Pennsylvania York ...... $115.52 South Caro- Marlboro ...... $23.10 South Dakota Miner ...... $23.10 Puerto Rico ... All Areas ...... $115.52 lina. South Dakota Minnehaha ..... $34.66 Rhode Island Bristol ...... $462.05 South Caro- McCormick ..... $69.31 South Dakota Moody ...... $23.10 Rhode Island Kent ...... $231.02 lina. South Dakota Pennington ..... $11.55 Rhode Island Newport ...... $462.05 South Caro- Newberry ...... $46.21 South Dakota Perkins ...... $5.78 Rhode Island Providence ..... $231.02 lina. South Dakota Potter ...... $11.55 Rhode Island Washington .... $231.02 South Caro- Oconee ...... $115.52 South Dakota Roberts ...... $23.10 South Caro- Abbeville ...... $46.21 lina. South Dakota Sanborn ...... $11.55 lina. South Caro- Orangeburg .... $34.66 South Dakota Shannon ...... $5.78 South Caro- Aiken ...... $46.21 lina. South Dakota Spink ...... $11.55 lina. South Caro- Pickens ...... $115.52 South Dakota Stanley ...... $5.78 South Caro- Allendale ...... $34.66 lina. South Dakota Sully ...... $11.55 lina. South Caro- Richland ...... $69.31 South Dakota Todd ...... $5.78 South Caro- Anderson ...... $69.31 lina. South Dakota Tripp ...... $11.55 lina. South Caro- Saluda ...... $46.21 South Dakota Turner ...... $34.66 South Caro- Bamberg ...... $34.66 lina. South Dakota Union ...... $46.21 lina. South Caro- Spartanburg ... $115.52 South Dakota Walworth ...... $11.55 South Caro- Barnwell ...... $34.66 lina. South Dakota Yankton ...... $23.10 lina. South Caro- Sumter ...... $46.21 South Dakota Ziebach ...... $5.78 South Caro- Beaufort ...... $46.21 lina. Tennessee .... Anderson ...... $115.52 lina. South Caro- Union ...... $34.66 Tennessee .... Bedford ...... $46.21 South Caro- Berkeley ...... $69.31 lina. Tennessee .... Benton ...... $34.66 lina. South Caro- Williamsburg .. $34.66 Tennessee .... Bledsoe ...... $46.21 South Caro- Calhoun ...... $34.66 lina. Tennessee .... Blount ...... $115.52 lina. South Caro- York ...... $115.52 Tennessee .... Bradley ...... $115.52 South Caro- Charleston ..... $115.52 lina. Tennessee .... Campbell ...... $46.21 lina. South Dakota Aurora ...... $11.55 Tennessee .... Cannon ...... $69.31

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(Fee/acre/ (Fee/acre/ (Fee/acre/ State County yr) State County yr) State County yr)

Tennessee .... Carroll ...... $34.66 Tennessee .... Sullivan ...... $69.31 Texas ...... Delta ...... $23.10 Tennessee .... Carter ...... $69.31 Tennessee .... Sumner ...... $69.31 Texas ...... Denton ...... $69.31 Tennessee .... Cheatham ...... $69.31 Tennessee .... Tipton ...... $46.21 Texas ...... DeWitt ...... $23.10 Tennessee .... Chester ...... $34.66 Tennessee .... Trousdale ...... $69.31 Texas ...... Dickens ...... $5.78 Tennessee .... Claiborne ...... $34.66 Tennessee .... Unicoi ...... $231.02 Texas ...... Dimmit ...... $11.55 Tennessee .... Clay ...... $34.66 Tennessee .... Union ...... $69.31 Texas ...... Donley ...... $11.55 Tennessee .... Cocke ...... $69.31 Tennessee .... Van Buren ...... $46.21 Texas ...... Duval ...... $23.10 Tennessee .... Coffee ...... $69.31 Tennessee .... Warren ...... $46.21 Texas ...... Eastland ...... $23.10 Tennessee .... Crockett ...... $46.21 Tennessee .... Washington .... $115.52 Texas ...... Ector ...... $5.78 Tennessee .... Cumberland ... $69.31 Tennessee .... Wayne ...... $34.66 Texas ...... Edwards ...... $11.55 Tennessee .... Davidson ...... $231.02 Tennessee .... Weakley ...... $34.66 Texas ...... El Paso ...... $46.21 Tennessee .... Decatur ...... $34.66 Tennessee .... White ...... $69.31 Texas ...... Ellis ...... $34.66 Tennessee .... DeKalb ...... $69.31 Tennessee .... Williamson ..... $115.52 Texas ...... Erath ...... $34.66 Tennessee .... Dickson ...... $69.31 Tennessee .... Wilson ...... $69.31 Texas ...... Falls ...... $23.10 Tennessee .... Dyer ...... $46.21 Texas ...... Anderson ...... $23.10 Texas ...... Fannin ...... $23.10 Tennessee .... Fayette ...... $46.21 Texas ...... Andrews ...... $5.78 Texas ...... Fayette ...... $46.21 Tennessee .... Fentress ...... $46.21 Texas ...... Angelina ...... $46.21 Texas ...... Fisher ...... $11.55 Tennessee .... Franklin ...... $69.31 Texas ...... Aransas ...... $23.10 Texas ...... Floyd ...... $11.55 Tennessee .... Gibson ...... $34.66 Texas ...... Archer ...... $11.55 Texas ...... Foard ...... $11.55 Tennessee .... Giles ...... $46.21 Texas ...... Armstrong ...... $11.55 Texas ...... Fort Bend ...... $46.21 Tennessee .... Grainger ...... $46.21 Texas ...... Atascosa ...... $23.10 Texas ...... Franklin ...... $23.10 Tennessee .... Greene ...... $69.31 Texas ...... Austin ...... $46.21 Texas ...... Freestone ...... $23.10 Tennessee .... Grundy ...... $46.21 Texas ...... Bailey ...... $11.55 Texas ...... Frio ...... $23.10 Tennessee .... Hamblen ...... $115.52 Texas ...... Bandera ...... $34.66 Texas ...... Gaines ...... $11.55 Tennessee .... Hamilton ...... $69.31 Texas ...... Bastrop ...... $34.66 Texas ...... Galveston ...... $34.66 Tennessee .... Hancock ...... $46.21 Texas ...... Baylor ...... $11.55 Texas ...... Garza ...... $5.78 Tennessee .... Hardeman ...... $23.10 Texas ...... Bee ...... $23.10 Texas ...... Gillespie ...... $46.21 Tennessee .... Hardin ...... $34.66 Texas ...... Bell ...... $34.66 Texas ...... Glasscock ...... $11.55 Tennessee .... Hawkins ...... $69.31 Texas ...... Bexar ...... $46.21 Texas ...... Goliad ...... $23.10 Tennessee .... Haywood ...... $34.66 Texas ...... Blanco ...... $46.21 Texas ...... Gonzales ...... $23.10 Tennessee .... Henderson ..... $34.66 Texas ...... Borden ...... $11.55 Texas ...... Gray ...... $11.55 Tennessee .... Henry ...... $34.66 Texas ...... Bosque ...... $34.66 Texas ...... Grayson ...... $46.21 Tennessee .... Hickman ...... $34.66 Texas ...... Bowie ...... $34.66 Texas ...... Gregg ...... $34.66 Tennessee .... Houston ...... $34.66 Texas ...... Brazoria ...... $34.66 Texas ...... Grimes ...... $34.66 Tennessee .... Humphreys .... $34.66 Texas ...... Brazos ...... $34.66 Texas ...... Guadalupe ..... $46.21 Tennessee .... Jackson ...... $34.66 Texas ...... Brewster ...... $5.78 Texas ...... Hale ...... $11.55 Tennessee .... Jefferson ...... $115.52 Texas ...... Briscoe ...... $5.78 Texas ...... Hall ...... $5.78 Tennessee .... Johnson ...... $69.31 Texas ...... Brooks ...... $11.55 Texas ...... Hamilton ...... $23.10 Tennessee .... Knox ...... $115.52 Texas ...... Brown ...... $23.10 Texas ...... Hansford ...... $11.55 Tennessee .... Lake ...... $34.66 Texas ...... Burleson ...... $34.66 Texas ...... Hardeman ...... $11.55 Tennessee .... Lauderdale ..... $34.66 Texas ...... Burnet ...... $34.66 Texas ...... Hardin ...... $34.66 Tennessee .... Lawrence ...... $34.66 Texas ...... Caldwell ...... $34.66 Texas ...... Harris ...... $69.31 Tennessee .... Lewis ...... $46.21 Texas ...... Calhoun ...... $23.10 Texas ...... Harrison ...... $23.10 Tennessee .... Lincoln ...... $46.21 Texas ...... Callahan ...... $11.55 Texas ...... Hartley ...... $11.55 Tennessee .... Loudon ...... $115.52 Texas ...... Cameron ...... $34.66 Texas ...... Haskell ...... $11.55 Tennessee .... Macon ...... $69.31 Texas ...... Camp ...... $46.21 Texas ...... Hays ...... $69.31 Tennessee .... Madison ...... $69.31 Texas ...... Carson ...... $11.55 Texas ...... Hemphill ...... $5.78 Tennessee .... Marion ...... $46.21 Texas ...... Cass ...... $34.66 Texas ...... Henderson ..... $34.66 Tennessee .... Marshall ...... $46.21 Texas ...... Castro ...... $23.10 Texas ...... Hidalgo ...... $46.21 Tennessee .... Maury ...... $69.31 Texas ...... Chambers ...... $23.10 Texas ...... Hill ...... $23.10 Tennessee .... McMinn ...... $69.31 Texas ...... Cherokee ...... $34.66 Texas ...... Hockley ...... $11.55 Tennessee .... McNairy ...... $23.10 Texas ...... Childress ...... $11.55 Texas ...... Hood ...... $46.21 Tennessee .... Meigs ...... $69.31 Texas ...... Clay ...... $23.10 Texas ...... Hopkins ...... $34.66 Tennessee .... Monroe ...... $69.31 Texas ...... Cochran ...... $11.55 Texas ...... Houston ...... $23.10 Tennessee .... Montgomery ... $46.21 Texas ...... Coke ...... $11.55 Texas ...... Howard ...... $11.55 Tennessee .... Moore ...... $46.21 Texas ...... Coleman ...... $11.55 Texas ...... Hudspeth ...... $5.78 Tennessee .... Morgan ...... $46.21 Texas ...... Collin ...... $69.31 Texas ...... Hunt ...... $34.66 Tennessee .... Obion ...... $34.66 Texas ...... Collingsworth $11.55 Texas ...... Hutchinson ..... $5.78 Tennessee .... Overton ...... $46.21 Texas ...... Colorado ...... $34.66 Texas ...... Irion ...... $5.78 Tennessee .... Perry ...... $34.66 Texas ...... Comal ...... $46.21 Texas ...... Jack ...... $23.10 Tennessee .... Pickett ...... $46.21 Texas ...... Comanche ..... $23.10 Texas ...... Jackson ...... $23.10 Tennessee .... Polk ...... $115.52 Texas ...... Concho ...... $11.55 Texas ...... Jasper ...... $34.66 Tennessee .... Putnam ...... $69.31 Texas ...... Cooke ...... $34.66 Texas ...... Jeff Davis ...... $5.78 Tennessee .... Rhea ...... $69.31 Texas ...... Coryell ...... $23.10 Texas ...... Jefferson ...... $23.10 Tennessee .... Roane ...... $69.31 Texas ...... Cottle ...... $5.78 Texas ...... Jim Hogg ...... $11.55 Tennessee .... Robertson ...... $69.31 Texas ...... Crane ...... $5.78 Texas ...... Jim Wells ...... $11.55 Tennessee .... Rutherford ...... $69.31 Texas ...... Crockett ...... $5.78 Texas ...... Johnson ...... $46.21 Tennessee .... Scott ...... $46.21 Texas ...... Crosby ...... $11.55 Texas ...... Jones ...... $11.55 Tennessee .... Sequatchie ..... $46.21 Texas ...... Culberson ...... $5.78 Texas ...... Karnes ...... $23.10 Tennessee .... Sevier ...... $115.52 Texas ...... Dallam ...... $11.55 Texas ...... Kaufman ...... $34.66 Tennessee .... Shelby ...... $115.52 Texas ...... Dallas ...... $69.31 Texas ...... Kendall ...... $46.21 Tennessee .... Smith ...... $46.21 Texas ...... Dawson ...... $11.55 Texas ...... Kenedy ...... $11.55 Tennessee .... Stewart ...... $46.21 Texas ...... Deaf Smith ..... $11.55 Texas ...... Kent ...... $5.78

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(Fee/acre/ (Fee/acre/ (Fee/acre/ State County yr) State County yr) State County yr)

Texas ...... Kerr ...... $23.10 Texas ...... San Saba ...... $23.10 Utah ...... Utah ...... $69.31 Texas ...... Kimble ...... $23.10 Texas ...... Schleicher ...... $11.55 Utah ...... Wasatch ...... $69.31 Texas ...... King ...... $5.78 Texas ...... Scurry ...... $11.55 Utah ...... Washington .... $34.66 Texas ...... Kinney ...... $11.55 Texas ...... Shackelford .... $11.55 Utah ...... Wayne ...... $34.66 Texas ...... Kleberg ...... $11.55 Texas ...... Shelby ...... $34.66 Utah ...... Weber ...... $115.52 Texas ...... Knox ...... $5.78 Texas ...... Sherman ...... $11.55 Vermont ...... Addison ...... $34.66 Texas ...... La Salle ...... $11.55 Texas ...... Smith ...... $34.66 Vermont ...... Bennington ..... $34.66 Texas ...... Lamar ...... $23.10 Texas ...... Somervell ...... $34.66 Vermont ...... Caledonia ...... $46.21 Texas ...... Lamb ...... $11.55 Texas ...... Starr ...... $23.10 Vermont ...... Chittenden ..... $46.21 Texas ...... Lampasas ...... $23.10 Texas ...... Stephens ...... $11.55 Vermont ...... Essex ...... $34.66 Texas ...... Lavaca ...... $34.66 Texas ...... Sterling ...... $5.78 Vermont ...... Franklin ...... $34.66 Texas ...... Lee ...... $34.66 Texas ...... Stonewall ...... $5.78 Vermont ...... Grand Isle ...... $69.31 Texas ...... Leon ...... $23.10 Texas ...... Sutton ...... $11.55 Vermont ...... Lamoille ...... $46.21 Texas ...... Liberty ...... $34.66 Texas ...... Swisher ...... $11.55 Vermont ...... Orange ...... $34.66 Texas ...... Limestone ...... $23.10 Texas ...... Tarrant ...... $69.31 Vermont ...... Orleans ...... $34.66 Texas ...... Lipscomb ...... $11.55 Texas ...... Taylor ...... $23.10 Vermont ...... Rutland ...... $69.31 Texas ...... Live Oak ...... $23.10 Texas ...... Terrell ...... $5.78 Vermont ...... Washington .... $46.21 Texas ...... Llano ...... $34.66 Texas ...... Terry ...... $11.55 Vermont ...... Windham ...... $46.21 Texas ...... Loving ...... $5.78 Texas ...... Throckmorton $11.55 Vermont ...... Windsor ...... $69.31 Texas ...... Lubbock ...... $23.10 Texas ...... Titus ...... $34.66 Virginia ...... Accomack ...... $46.21 Texas ...... Lynn ...... $11.55 Texas ...... Tom Green .... $23.10 Virginia ...... Albemarle ...... $115.52 Texas ...... Madison ...... $23.10 Texas ...... Travis ...... $34.66 Virginia ...... Alleghany ...... $46.21 Texas ...... Marion ...... $23.10 Texas ...... Trinity ...... $23.10 Virginia ...... Amelia ...... $46.21 Texas ...... Martin ...... $11.55 Texas ...... Tyler ...... $46.21 Virginia ...... Amherst ...... $46.21 Texas ...... Mason ...... $23.10 Texas ...... Upshur ...... $34.66 Virginia ...... Appomattox .... $34.66 Texas ...... Matagorda ...... $23.10 Texas ...... Upton ...... $5.78 Virginia ...... Arlington ...... $69.31 Texas ...... Maverick ...... $5.78 Texas ...... Uvalde ...... $23.10 Virginia ...... Augusta ...... $69.31 Texas ...... McCulloch ...... $23.10 Texas ...... Val Verde ...... $5.78 Virginia ...... Bath ...... $46.21 Texas ...... McLennan ...... $23.10 Texas ...... Van Zandt ...... $34.66 Virginia ...... Bedford ...... $69.31 Texas ...... McMullen ...... $23.10 Texas ...... Victoria ...... $23.10 Virginia ...... Bland ...... $34.66 Texas ...... Medina ...... $23.10 Texas ...... Walker ...... $46.21 Virginia ...... Botetourt ...... $69.31 Texas ...... Menard ...... $11.55 Texas ...... Waller ...... $69.31 Virginia ...... Brunswick ...... $34.66 Texas ...... Midland ...... $11.55 Texas ...... Ward ...... $5.78 Virginia ...... Buchanan ...... $69.31 Texas ...... Milam ...... $23.10 Texas ...... Washington .... $46.21 Virginia ...... Buckingham ... $46.21 Texas ...... Mills ...... $23.10 Texas ...... Webb ...... $11.55 Virginia ...... Campbell ...... $34.66 Texas ...... Mitchell ...... $11.55 Texas ...... Wharton ...... $23.10 Virginia ...... Caroline ...... $46.21 Texas ...... Montague ...... $34.66 Texas ...... Wheeler ...... $11.55 Virginia ...... Carroll ...... $69.31 Texas ...... Montgomery ... $69.31 Texas ...... Wichita ...... $23.10 Virginia ...... Charles City ... $69.31 Texas ...... Moore ...... $11.55 Texas ...... Wilbarger ...... $11.55 Virginia ...... Charlotte ...... $34.66 Texas ...... Morris ...... $23.10 Texas ...... Willacy ...... $23.10 Virginia ...... Chesapeake $69.31 Texas ...... Motley ...... $5.78 Texas ...... Williamson ..... $46.21 City. Texas ...... Nacogdoches $34.66 Texas ...... Wilson ...... $34.66 Virginia ...... Chesterfield .... $115.52 Texas ...... Navarro ...... $23.10 Texas ...... Winkler ...... $5.78 Virginia ...... Clarke ...... $115.52 Texas ...... Newton ...... $23.10 Texas ...... Wise ...... $46.21 Virginia ...... Craig ...... $46.21 Texas ...... Nolan ...... $11.55 Texas ...... Wood ...... $34.66 Virginia ...... Culpeper ...... $115.52 Texas ...... Nueces ...... $23.10 Texas ...... Yoakum ...... $11.55 Virginia ...... Cumberland ... $46.21 Texas ...... Ochiltree ...... $11.55 Texas ...... Young ...... $11.55 Virginia ...... Dickenson ...... $34.66 Texas ...... Oldham ...... $5.78 Texas ...... Zapata ...... $23.10 Virginia ...... Dinwiddie ...... $34.66 Texas ...... Orange ...... $34.66 Texas ...... Zavala ...... $23.10 Virginia ...... Essex ...... $46.21 Texas ...... Palo Pinto ...... $23.10 Utah ...... Beaver ...... $46.21 Virginia ...... Fairfax ...... $231.02 Texas ...... Panola ...... $23.10 Utah ...... Box Elder ...... $11.55 Virginia ...... Fauquier ...... $115.52 Texas ...... Parker ...... $46.21 Utah ...... Cache ...... $46.21 Virginia ...... Floyd ...... $46.21 Texas ...... Parmer ...... $11.55 Utah ...... Carbon ...... $11.55 Virginia ...... Fluvanna ...... $46.21 Texas ...... Pecos ...... $5.78 Utah ...... Daggett ...... $23.10 Virginia ...... Franklin ...... $46.21 Texas ...... Polk ...... $34.66 Utah ...... Davis ...... $115.52 Virginia ...... Frederick ...... $69.31 Texas ...... Potter ...... $11.55 Utah ...... Duchesne ...... $11.55 Virginia ...... Giles ...... $46.21 Texas ...... Presidio ...... $11.55 Utah ...... Emery ...... $23.10 Virginia ...... Gloucester ..... $69.31 Texas ...... Rains ...... $34.66 Utah ...... Garfield ...... $34.66 Virginia ...... Goochland ..... $69.31 Texas ...... Randall ...... $11.55 Utah ...... Grand ...... $23.10 Virginia ...... Grayson ...... $69.31 Texas ...... Reagan ...... $5.78 Utah ...... Iron ...... $23.10 Virginia ...... Greene ...... $115.52 Texas ...... Real ...... $11.55 Utah ...... Juab ...... $11.55 Virginia ...... Greensville ..... $34.66 Texas ...... Red River ...... $23.10 Utah ...... Kane ...... $11.55 Virginia ...... Halifax ...... $34.66 Texas ...... Reeves ...... $5.78 Utah ...... Millard ...... $23.10 Virginia ...... Hanover ...... $115.52 Texas ...... Refugio ...... $11.55 Utah ...... Morgan ...... $23.10 Virginia ...... Henrico ...... $115.52 Texas ...... Roberts ...... $5.78 Utah ...... Piute ...... $34.66 Virginia ...... Henry ...... $34.66 Texas ...... Robertson ...... $23.10 Utah ...... Rich ...... $11.55 Virginia ...... Highland ...... $46.21 Texas ...... Rockwall ...... $69.31 Utah ...... Salt Lake ...... $115.52 Virginia ...... Isle of Wight ... $46.21 Texas ...... Runnels ...... $11.55 Utah ...... San Juan ...... $5.78 Virginia ...... James City ..... $115.52 Texas ...... Rusk ...... $34.66 Utah ...... Sanpete ...... $23.10 Virginia ...... King and $46.21 Texas ...... Sabine ...... $46.21 Utah ...... Sevier ...... $34.66 Queen. Texas ...... San Augustine $34.66 Utah ...... Summit ...... $23.10 Virginia ...... King George .. $69.31 Texas ...... San Jacinto .... $46.21 Utah ...... Tooele ...... $11.55 Virginia ...... King William ... $46.21 Texas ...... San Patricio ... $23.10 Utah ...... Uintah ...... $5.78 Virginia ...... Lancaster ...... $46.21

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(Fee/acre/ (Fee/acre/ (Fee/acre/ State County yr) State County yr) State County yr)

Virginia ...... Lee ...... $34.66 Washington ... Pend Oreille ... $34.66 Wisconsin ..... Brown ...... $69.31 Virginia ...... Loudoun ...... $231.02 Washington ... Pierce ...... $231.02 Wisconsin ..... Buffalo ...... $34.66 Virginia ...... Louisa ...... $46.21 Washington ... San Juan ...... $231.02 Wisconsin ..... Burnett ...... $34.66 Virginia ...... Lunenburg ...... $34.66 Washington ... Skagit ...... $115.52 Wisconsin ..... Calumet ...... $69.31 Virginia ...... Madison ...... $69.31 Washington ... Skamania ...... $115.52 Wisconsin ..... Chippewa ...... $34.66 Virginia ...... Mathews ...... $69.31 Washington ... Snohomish ..... $231.02 Wisconsin ..... Clark ...... $34.66 Virginia ...... Mecklenburg .. $34.66 Washington ... Spokane ...... $46.21 Wisconsin ..... Columbia ...... $69.31 Virginia ...... Middlesex ...... $69.31 Washington ... Stevens ...... $23.10 Wisconsin ..... Crawford ...... $34.66 Virginia ...... Montgomery ... $69.31 Washington ... Thurston ...... $231.02 Wisconsin ..... Dane ...... $69.31 Virginia ...... Nelson ...... $46.21 Washington ... Wahkiakum .... $69.31 Wisconsin ..... Dodge ...... $46.21 Virginia ...... New Kent ...... $69.31 Washington ... Walla Walla .... $34.66 Wisconsin ..... Door ...... $46.21 Virginia ...... Northampton .. $46.21 Washington ... Whatcom ...... $115.52 Wisconsin ..... Douglas ...... $23.10 Virginia ...... Northumber- $46.21 Washington ... Whitman ...... $23.10 Wisconsin ..... Dunn ...... $34.66 land. Washington ... Yakima ...... $34.66 Wisconsin ..... Eau Claire ...... $34.66 Virginia ...... Nottoway ...... $46.21 West Virginia Barbour ...... $23.10 Wisconsin ..... Florence ...... $34.66 Virginia ...... Orange ...... $69.31 West Virginia Berkeley ...... $69.31 Wisconsin ..... Fond du Lac .. $46.21 Virginia ...... Page ...... $115.52 West Virginia Boone ...... $23.10 Wisconsin ..... Forest ...... $34.66 Virginia ...... Patrick ...... $34.66 West Virginia Braxton ...... $23.10 Wisconsin ..... Grant ...... $46.21 Virginia ...... Pittsylvania ..... $34.66 West Virginia Brooke ...... $23.10 Wisconsin ..... Green ...... $46.21 Virginia ...... Powhatan ...... $69.31 West Virginia Cabell ...... $34.66 Wisconsin ..... Green Lake .... $46.21 Virginia ...... Prince Edward $34.66 West Virginia Calhoun ...... $23.10 Wisconsin ..... Iowa ...... $46.21 Virginia ...... Prince George $46.21 West Virginia Clay ...... $23.10 Wisconsin ..... Iron ...... $23.10 Virginia ...... Prince William $231.02 West Virginia Doddridge ...... $23.10 Wisconsin ..... Jackson ...... $34.66 Virginia ...... Pulaski ...... $46.21 West Virginia Fayette ...... $34.66 Wisconsin ..... Jefferson ...... $69.31 Virginia ...... Rappahannock $69.31 West Virginia Gilmer ...... $23.10 Wisconsin ..... Juneau ...... $34.66 Virginia ...... Richmond ...... $34.66 West Virginia Grant ...... $34.66 Wisconsin ..... Kenosha ...... $115.52 Virginia ...... Roanoke ...... $69.31 West Virginia Greenbrier ...... $34.66 Wisconsin ..... Kewaunee ...... $69.31 Virginia ...... Rockbridge ..... $69.31 West Virginia Hampshire ..... $34.66 Wisconsin ..... La Crosse ...... $46.21 Virginia ...... Rockingham ... $115.52 West Virginia Hancock ...... $46.21 Wisconsin ..... Lafayette ...... $46.21 Virginia ...... Russell ...... $34.66 West Virginia Hardy ...... $34.66 Wisconsin ..... Langlade ...... $34.66 Virginia ...... Scott ...... $34.66 West Virginia Harrison ...... $23.10 Wisconsin ..... Lincoln ...... $34.66 Virginia ...... Shenandoah .. $69.31 West Virginia Jackson ...... $34.66 Wisconsin ..... Manitowoc ...... $69.31 Virginia ...... Smyth ...... $34.66 West Virginia Jefferson ...... $69.31 Wisconsin ..... Marathon ...... $34.66 Virginia ...... Southampton $46.21 West Virginia Kanawha ...... $34.66 Wisconsin ..... Marinette ...... $34.66 Virginia ...... Spotsylvania .. $115.52 West Virginia Lewis ...... $23.10 Wisconsin ..... Marquette ...... $46.21 Virginia ...... Stafford ...... $115.52 West Virginia Lincoln ...... $23.10 Wisconsin ..... Menominee .... $23.10 Virginia ...... Suffolk ...... $46.21 West Virginia Logan ...... $46.21 Wisconsin ..... Milwaukee ...... $231.02 Virginia ...... Surry ...... $46.21 West Virginia Marion ...... $34.66 Wisconsin ..... Monroe ...... $46.21 Virginia ...... Sussex ...... $34.66 West Virginia Marshall ...... $23.10 Wisconsin ..... Oconto ...... $46.21 Virginia ...... Tazewell ...... $34.66 West Virginia Mason ...... $34.66 Wisconsin ..... Oneida ...... $46.21 Virginia ...... Virginia Beach $69.31 West Virginia McDowell ...... $23.10 Wisconsin ..... Outagamie ..... $69.31 City. West Virginia Mercer ...... $34.66 Wisconsin ..... Ozaukee ...... $115.52 Virginia ...... Warren ...... $115.52 West Virginia Mineral ...... $34.66 Wisconsin ..... Pepin ...... $34.66 Virginia ...... Washington .... $46.21 West Virginia Mingo ...... $23.10 Wisconsin ..... Pierce ...... $46.21 Virginia ...... Westmoreland $46.21 West Virginia Monongalia .... $34.66 Wisconsin ..... Polk ...... $46.21 Virginia ...... Wise ...... $46.21 West Virginia Monroe ...... $34.66 Wisconsin ..... Portage ...... $69.31 Virginia ...... Wythe ...... $46.21 West Virginia Morgan ...... $46.21 Wisconsin ..... Price ...... $34.66 Virginia ...... York ...... $1,155.13 West Virginia Nicholas ...... $34.66 Wisconsin ..... Racine ...... $115.52 Washington ... Adams ...... $23.10 West Virginia Ohio ...... $23.10 Wisconsin ..... Richland ...... $46.21 Washington ... Asotin ...... $11.55 West Virginia Pendleton ...... $23.10 Wisconsin ..... Rock ...... $69.31 Washington ... Benton ...... $34.66 West Virginia Pleasants ...... $23.10 Wisconsin ..... Rusk ...... $46.21 Washington ... Chelan ...... $231.02 West Virginia Pocahontas .... $23.10 Wisconsin ..... Sauk ...... $69.31 Washington ... Clallam ...... $231.02 West Virginia Preston ...... $34.66 Wisconsin ..... Sawyer ...... $46.21 Washington ... Clark ...... $231.02 West Virginia Putnam ...... $34.66 Wisconsin ..... Shawano ...... $69.31 Washington ... Columbia ...... $23.10 West Virginia Raleigh ...... $34.66 Wisconsin ..... Sheboygan ..... $69.31 Washington ... Cowlitz ...... $115.52 West Virginia Randolph ...... $23.10 Wisconsin ..... St. Croix ...... $69.31 Washington ... Douglas ...... $23.10 West Virginia Ritchie ...... $23.10 Wisconsin ..... Taylor ...... $34.66 Washington ... Ferry ...... $11.55 West Virginia Roane ...... $23.10 Wisconsin ..... Trempealeau .. $34.66 Washington ... Franklin ...... $34.66 West Virginia Summers ...... $23.10 Wisconsin ..... Vernon ...... $34.66 Washington ... Garfield ...... $11.55 West Virginia Taylor ...... $34.66 Wisconsin ..... Vilas ...... $69.31 Washington ... Grant ...... $46.21 West Virginia Tucker ...... $23.10 Wisconsin ..... Walworth ...... $115.52 Washington ... Grays Harbor $46.21 West Virginia Tyler ...... $23.10 Wisconsin ..... Washburn ...... $34.66 Washington ... Island ...... $231.02 West Virginia Upshur ...... $23.10 Wisconsin ..... Washington .... $115.52 Washington ... Jefferson ...... $115.52 West Virginia Wayne ...... $23.10 Wisconsin ..... Waukesha ...... $115.52 Washington ... King ...... $462.05 West Virginia Webster ...... $23.10 Wisconsin ..... Waupaca ...... $46.21 Washington ... Kitsap ...... $462.05 West Virginia Wetzel ...... $23.10 Wisconsin ..... Waushara ...... $69.31 Washington ... Kittitas ...... $69.31 West Virginia Wirt ...... $23.10 Wisconsin ..... Winnebago ..... $69.31 Washington ... Klickitat ...... $23.10 West Virginia Wood ...... $34.66 Wisconsin ..... Wood ...... $34.66 Washington ... Lewis ...... $69.31 West Virginia Wyoming ...... $23.10 Wyoming ...... Albany ...... $5.78 Washington ... Lincoln ...... $11.55 Wisconsin ..... Adams ...... $46.21 Wyoming ...... Big Horn ...... $23.10 Washington ... Mason ...... $115.52 Wisconsin ..... Ashland ...... $23.10 Wyoming ...... Campbell ...... $5.78 Washington ... Okanogan ...... $23.10 Wisconsin ..... Barron ...... $34.66 Wyoming ...... Carbon ...... $5.78 Washington ... Pacific ...... $46.21 Wisconsin ..... Bayfield ...... $23.10 Wyoming ...... Converse ...... $5.78

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FOR FURTHER INFORMATION CONTACT: Erik DEPARTMENT OF THE TREASURY State County (Fee/acre/ yr) Mettler, Office of Policy, Food and Drug Administration, 10903 New Hampshire Internal Revenue Service Wyoming ...... Crook ...... $11.55 Ave, Bldg. 1, rm. 4305, Silver Spring, Wyoming ...... Fremont ...... $5.78 26 CFR Parts 1 and 54 Wyoming ...... Goshen ...... $11.55 MD 20993, 301–796–4830. Wyoming ...... Hot Springs .... $5.78 SUPPLEMENTARY INFORMATION: In the [TD 9447] Wyoming ...... Johnson ...... $5.78 Federal Register of November 12, 2008 Wyoming ...... Laramie ...... $5.78 (73 FR 66750), FDA published the RIN 1545–BG80 Wyoming ...... Lincoln ...... $23.10 ‘‘Maximum Civil Money Penalty Wyoming ...... Natrona ...... $5.78 Automatic Contribution Arrangements Wyoming ...... Niobrara ...... $5.78 Amounts and Compliance With the Wyoming ...... Park ...... $23.10 Federal Civil Penalties Inflation AGENCY: Internal Revenue Service (IRS), Wyoming ...... Platte ...... $11.55 Adjustment Act’’ direct final rule and Treasury. Wyoming ...... Sheridan ...... $11.55 solicited comments concerning the ACTION: Final regulations. Wyoming ...... Sublette ...... $23.10 direct final rule for a 75-day period Wyoming ...... Sweetwater .... $5.78 ending March 27, 2009. The direct final SUMMARY: This document contains final Wyoming ...... Teton ...... $69.31 regulations relating to automatic Wyoming ...... Uinta ...... $11.55 rule revises § 17.1 (21 CFR 17.1) to Wyoming ...... Washakie ...... $11.55 update the statutory citations regarding contribution arrangements. These Wyoming ...... Weston ...... $5.78 the new civil monetary penalties regulations affect administrators of, prescribed by FDAAA, and revises the employers maintaining, participants in, * State-average Land and Building value and beneficiaries of section 401(k) plans used where no county-specific value is avail- table in § 17.2 (21 CFR 17.2) to include able. the new FDAAA penalties, and adjusts and other eligible plans that include an ** Land areas to be determined. the preceding maximum civil penalty automatic contribution arrangement. [FR Doc. E9–3788 Filed 2–23–09; 8:45 am] amounts for inflation as prescribed by DATES: Effective date: These regulations BILLING CODE 6717–01–P the FCPIAA. This was accomplished by are effective on February 24, 2009. revising the list of statutory monetary Applicability date: Except as provided penalties in § 17.1 to include the new in §§ 1.401(k)–3(j)(1)(i) and 1.401(m)– penalties prescribed by the Federal 2(a)(6)(ii), the final regulations relating DEPARTMENT OF HEALTH AND Food, Drug, and Cosmetic Act, as to qualified automatic contribution HUMAN SERVICES amended by FDAAA in 2007. These arrangements (§§ 1.401(k)–2, 1.401(k)–3, new penalties have been added as new 1.401(m)–2, and 1.401(m)–3) apply to Food and Drug Administration paragraphs (c) and (d). The table in plan years beginning on or after January § 17.2 also has been amended to include 1, 2008. The regulations relating to 21 CFR Part 17 the new penalties, and the adjusted eligible automatic contribution maximum penalty amounts for the pre- arrangements (§§ 1.402(c)–2, 1.411(a)–4, [Docket No. FDA–2008–N–0561] FDAAA penalties have been updated to 1.414(w)–1, and 54.4979–1) apply for plan years beginning on or after January Maximum Civil Money Penalty account for the inflation between June 1, 2010. Amounts and Compliance With the 2004 (the year of the last adjustment) Federal Civil Penalties Inflation and June 2007 as prescribed by FCPIAA. FOR FURTHER INFORMATION CONTACT: R. Lisa Mojiri-Azad, Dana Barry, or Adjustment Act; Confirmation of FDA also solicited comments William D. Gibbs at (202) 622–6060 (not Effective Date concerning the changes for a 75-day a toll-free number). period ending January 26, 2009, in a AGENCY: Food and Drug Administration, SUPPLEMENTARY INFORMATION: HHS. proposed rule published in the Federal Register of November 12, 2008 (73 FR Paperwork Reduction Act ACTION: Direct final rule; confirmation of 66811). FDA stated that the effective The collection of information effective date. date of the direct final rule would be on contained in these final regulations has March 27, 2009, 60 days after the end SUMMARY: The Food and Drug been reviewed and approved by the of the comment period, unless any Administration (FDA) is confirming the Office of Management and Budget in significant adverse comment was effective date of March 27, 2009, for the accordance with the Paperwork direct final rule that appeared in the submitted to FDA during the comment Reduction Act of 1995 (44 U.S.C. Federal Register of November 12, 2008 period. FDA did not receive any 3507(d)) under control number 1545– (73 FR 66750). The direct final rule significant adverse comments. 2135 . amends the agency’s regulations to Authority: Therefore, under the The collection of information in these update the statutory citations regarding Federal Food, Drug, and Cosmetic Act final regulations is in §§ 1.401(k)–3 and the new civil monetary penalties and the Public Health Service Act, and 1.414(w)–1. The information in prescribed by the Food and Drug under authority delegated to the § 1.401(k)–3 is required to comply with Administration Amendments Act of Commissioner of Food and Drugs, 21 the statutory notice requirements in 2007 (FDAAA), amends the regulations CFR part 17 is amended. Accordingly, sections 401(k)(13) and 401(m)(12), and to include the new FDAAA penalties, the amendments issued thereby are is expected to be included in the notices and adjusts the preceding maximum effective. currently provided to employees that civil penalty amounts for inflation as inform them of their rights and benefits Dated: February 17, 2009. prescribed by the Federal Civil Penalties under the plan. The collection of Inflation Adjustment Act of 1990 Jeffrey Shuren, information under § 1.414(w)–1 is (FCPIAA). This document confirms the Associate Commissioner for Policy and required to comply with the statutory effective date of the direct final rule. Planning. notice requirements of section 414(w) DATES: Effective date confirmed: March [FR Doc. E9–3831 Filed 2–23–09; 8:45 am] and is expected to be included in the 27,2009. BILLING CODE 4160–01–S notices currently provided to employees

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that inform them of their rights and other taxable benefit) that is not method of correction of the ACP test is benefits under the plan. currently available; or (2) contribute an distribution to HCEs of excess aggregate An agency may not conduct or amount to a trust, or provide an accrual contributions made on their behalf. sponsor, and a person is not required to or other benefit, under a plan deferring Sections 401(k)(12) and 401(m)(11) respond to, a collection of information the receipt of compensation. For provide a design-based safe harbor unless it displays a valid control purposes of determining whether an under which elective contributions number. election is a cash or deferred election, under a CODA and any associated Books or records relating to a § 1.401(k)–1(a)(3)(ii) provides that it is matching contributions are treated as collection of information must be irrelevant whether the default that satisfying the ADP and ACP tests if the retained as long as their contents may applies in the absence of an affirmative arrangement meets certain contribution become material in the administration election is cash (or some other taxable and notice requirements. Sections of any internal revenue law. Generally, benefit) or a contribution, an accrual, or 1.401(k)–3 and 1.401(m)–3 provide tax returns and tax return information other benefit under a plan deferring the guidance on the requirements for this are confidential, as required by 26 receipt of compensation. Contributions design-based safe harbor. U.S.C. 6103. that are made pursuant to a cash or Sections 401(k)(13) and 401(m)(12), added by PPA ’06 and effective for plan Background deferred election under a qualified CODA are commonly referred to as years beginning on or after January 1, This document contains amendments elective contributions. 2008, provide an alternative design- to regulations under sections 401(k), In order for a CODA to be a qualified based safe harbor for a CODA that 401(m), 402(c), 411(a), and 4979 of the CODA, it must satisfy a number of other provides for automatic contributions at Internal Revenue Code (Code) and new requirements. Section 401(k)(2)(A) a specified level and meets certain regulations under section 414(w) in provides that the amount that each employer contribution, notice, and other order to reflect certain of the provisions eligible employee under the requirements. A CODA that satisfies of section 902 of the Pension Protection arrangement may defer as an elective these requirements, referred to as a Act of 2006, Public Law 109–280 (PPA contribution must be available to the qualified automatic contribution ‘06), taking into account certain of the employee in cash. Section 1.401(k)– arrangement (QACA), is treated as changes made by section 109(b) of the 1(e)(2)(ii) provides that, in order for a satisfying the ADP test and ACP test Worker, Retiree, and Employer Recovery CODA to satisfy this requirement, the with respect to matching contributions. Act of 2008, Public Law 110–458 arrangement must provide each eligible Section 414(w), added to the Code by (WRERA). employee with an effective opportunity section 902(d)(1) of PPA ’06 and Section 902 of PPA ‘06 added sections to make (or change) a cash or deferred effective for plan years beginning on or 401(k)(13), 401(m)(12), and 414(w) to election at least once during each plan after January 1, 2008, further facilitates the Code to facilitate automatic year. automatic enrollment by providing contribution arrangements (sometimes Section 401(k)(2)(B) provides that a limited relief from the distribution referred to as automatic enrollment) in qualified CODA must provide that restrictions under section 401(k)(2)(B), qualified cash or deferred arrangements elective contributions may only be 403(b)(7), 403(b)(11), or 457(d)(1)(A) in under section 401(k), as well as in distributed after certain events, the case of an eligible automatic similar arrangements under sections including hardship and severance from contribution arrangement (EACA). 403(b) and 457(b). An automatic employment. Similar distribution Sections 414(w)(1) and 414(w)(2) contribution arrangement is a cash or restrictions apply under sections provide that an applicable employer deferred arrangement that provides that, 403(b)(7) and 403(b)(11). Section plan that contains an EACA is permitted in the absence of an affirmative election 457(d)(1)(A) includes distribution to allow employees to elect to receive a by an eligible employee, a default restrictions for eligible governmental distribution equal to the amount of election applies under which the deferred compensation plans. default elective contributions (and employee is treated as having made an Section 401(k)(3)(A)(ii) applies a attributable earnings) made with respect election to have a specified contribution special nondiscrimination test to the to the employee beginning with the first made on his or her behalf under the elective contributions of highly payroll period to which the EACA plan. compensated employees, within the applies to the employee and ending Section 401(k)(1) provides that a meaning of section 414(q) (HCEs). with the effective date of the election. profit-sharing, stock bonus, pre-ERISA Under this test, called the actual The election must be made within 90 money purchase, or rural cooperative deferral percentage (ADP) test, the days after the date of the first default plan will not fail to qualify under average percentage of compensation elective contribution with respect to the section 401(a) merely because it deferred for HCEs is compared annually employee under the arrangement. contains a qualified cash or deferred to the average percentage of Sections 414(w)(1)(A) and 414(w)(1)(B) arrangement. Section 1.401(k)–1(a)(2) compensation deferred for nonhighly provide that the amount of the defines a cash or deferred arrangement compensated employees (NHCEs) distribution is includible in gross (CODA) as an arrangement under which eligible under the plan, and if certain income for the taxable year in which the an eligible employee may make a cash limits are exceeded by the HCEs, distribution is made, but is not subject or deferred election with respect to corrective action must be taken. to the additional income tax under contributions to, or accruals or other Pursuant to section 401(k)(8), one section 72(t). benefits under, a plan that is intended method of correction is distribution to Section 414(w)(3) defines an EACA as to satisfy the requirements of section HCEs of excess contributions made on an arrangement under which: (1) A 401(a). Section 1.401(k)–1(a)(3)(i) their behalf. participant may elect to have the defines a cash or deferred election as Section 401(m) provides a parallel test employer make payments as any direct or indirect election (or for matching contributions and contributions under the plan on behalf modification of an earlier election) by employee after-tax contributions under of the participant, or to the participant an employee to have the employer a defined contribution plan, called the directly in cash; (2) the participant is either: (1) Provide an amount to the actual contribution percentage (ACP) treated as having elected to have the employee in the form of cash (or some test. Pursuant to section 401(m)(6), one employer make such contributions in an

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amount equal to a uniform percentage of 414(w)(1) is not to be taken into account the proposed regulations with certain compensation provided under the plan for purposes of the ADP test. Section modifications, the most significant of until the participant specifically elects 109(b)(6) of WRERA amended section which are highlighted in the Summary not to have such contributions made (or 414(w)(6) to provide that a withdrawal of Comments and Explanation of specifically elects to have such described in section 414(w)(1) is not to Revisions. In addition, these final contributions made at a different be taken into account for purposes of regulations reflect the amendments to percentage); and (3) participants are applying the limitation under section sections 401(k)(13) and 414(w) that were provided a notice that satisfies the 402(g)(1). made by WRERA. requirements of section 414(w)(4). Section 411(a)(3)(G), as amended by Summary of Comments and Section 109(b)(4) of WRERA eliminated section 902(d)(2) of PPA ’06, provides Explanation of Revisions the provision previously found under that a matching contribution shall not section 414(w)(3)(C) that, in the absence be treated as forfeitable merely because I. Qualified Automatic Contribution of an investment election by the the matching contribution is forfeitable Arrangement Under Section 401(k)(13) participant, default elective if it relates to a contribution that is A. Minimum Percentage Requirement contributions must be invested in withdrawn under an automatic accordance with the regulations contribution arrangement that satisfies Section 401(k)(13)(C)(iii) sets forth a prescribed by the Secretary of Labor the requirements of section 414(w). series of minimum default contribution under section 404(c)(5) of the Employee Section 4979 provides for an excise percentages that an automatic Retirement Income Security Act of 1974 tax on excess contributions (within the contribution arrangement must satisfy (ERISA). meaning of section 401(k)(8)(B)) and in order to be a qualified automatic Section 414(w)(4) requires that, excess aggregate contributions (within contribution arrangement (QACA). The within a reasonable period before each the meaning of section 401(m)(6)(B)) not final regulations clarify that the plan year, each employee to whom the distributed within 21⁄2 months after the minimum percentage for the initial arrangement applies for such year close of the plan year for which the period is based on when the employee receive written notice of the employee’s contributions are made. Section 902 of first has contributions made pursuant to rights and obligations under the PPA ’06 amended section 4979 to a default election under the QACA. arrangement which is sufficiently lengthen this 21⁄2 month correction Thus, if an employee makes an accurate and comprehensive to apprise period for excess contributions and affirmative election before the default the employee of such rights and excess aggregate contributions under an contribution would have begun, then obligations. Section 414(w)(4)(A)(ii) EACA to 6 months. Thus, in the case of the initial period does not begin for the requires that the notice be written in a an EACA that is part of a section 401(k) employee. The minimum percentages manner calculated to be understood by plan, the section 4979 excise tax does are increased for plan years after the the average employee to whom the not apply to any excess contributions or initial period. arrangement applies. Section excess aggregate contributions which, Several commentators requested 414(w)(4)(B) provides that the notice together with income allocable to the guidance on the application of the must explain: (1) The employee’s rights contributions, are distributed or minimum percentage requirement in the under the arrangement to elect not to forfeited (if forfeitable) within 6 months case of a rehired employee. The final have elective contributions made on the after the close of the plan year. regulations provide that the minimum employee’s behalf or to elect to have Section 902 of PPA ’06 amended percentages are determined without contributions made at a different section 4979(f)(2) to provide that any regard to whether an employee has percentage; and (2) how contributions distributions of excess contributions continued to be eligible to make made under the automatic contribution and excess aggregate contributions contributions under the plan. Thus, the arrangement will be invested in the (whether or not under an EACA) are minimum percentage is generally absence of any investment decision by includible in the employee’s gross determined based on the number of the employee. In addition, the employee income for the taxable year in which years since the date the employee first must be given a reasonable period of distributed. However, pursuant to had default contributions made under time after receipt of the notice and sections 401(k)(8)(D) and 401(m)(7)(A), the QACA. However, in response to before the first elective contribution is the distributions are not subject to the recordkeeping concerns raised by made to make an election with respect additional income tax under section commentators, the final regulations also to contributions. In many respects, the 72(t). Section 902 of PPA ’06 also provide that a plan is permitted to treat notice under section 414(w)(4) is the amended sections 401(k)(8), 401(m)(6), an employee who for an entire plan year same as the notice required under and 4979(f)(1) to eliminate the did not have contributions made section 401(k)(13) for a QACA. requirement that distributions of excess pursuant to a default election under the Section 414(w)(5), as amended by contributions or excess aggregate QACA as if the employee had not had section 109(b)(5) of WRERA, defines an contributions (whether or not under an such contributions for any prior plan applicable employer plan as a trust EACA) include income allocable to the year as well. For example, if an described in section 401(a) that is period after the end of the plan year employee terminates in one plan year, exempt from tax under section 501(a), a (gap period income). remains terminated for a full plan year, plan described in section 403(b), a On November 8, 2007, proposed and is rehired in a subsequent plan year, section 457(b) plan that is maintained regulations under sections 401(k), the plan is permitted to provide that a by a governmental employer described 401(m), 402(c), 411(a), 414(w), and new initial period begins after the in section 457(e)(1)(A), a simplified 4979(f) relating to automatic employee is rehired, regardless of employee pension the terms of which contribution arrangements were issued whether the employee had in fact had provide for a salary reduction (72 FR 63144). Written public comments contributions made pursuant to a arrangement described in section were received on the proposed default election under the QACA in 408(k)(6), or a SIMPLE described in regulations, and a public hearing was some earlier plan year. section 408(p). held on May 19, 2008. After Other commentators asked whether Section 414(w)(6) provides that a consideration of the comments, these plans are permitted to limit the duration withdrawal described in section final regulations adopt the provisions of of an affirmative election or to require

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employees to make new elections. satisfy the requirements of § 1.401(k)– with section 401(k)(13)(E)(ii), the Under the final regulations, automatic 3(c)(6)(v)(B). proposed regulations also provided that enrollment applies for periods during Some commentators asked whether a the notice satisfies the timing which the affirmative election is not in QACA may provide for an increase in requirements only if it is provided effect. Accordingly, a plan could the default percentage in the middle of sufficiently early so that the employee specifically provide that an affirmative the plan year. These commentators has a reasonable period of time after election expires and, thus, require an suggested that some employers wanted receipt of the notice and before the first employee to make a new affirmative to provide for such an increase to contribution is made pursuant to a election if he or she wants the prior rate coincide with salary increases or default election under the arrangement of elective contribution to continue. In performance evaluations. to make an affirmative election to defer the absence of a second affirmative To address this issue, the final a different amount or percentage. election, the employee will be regulations expand the exception to the Some commentators raised a concern automatically enrolled at the plan’s uniformity requirement that allows about meeting the notice requirement default percentage (which must meet variance based on the number of years for employees who are eligible to the minimum percentage requirement since the date the employee first had participate in the plan immediately described in the preceding paragraph). contributions made pursuant to a upon hire. Commentators suggested that For example, if an employer has a default election under an arrangement employers be given a grace period to QACA beginning in 2009 and the plan that is intended to be a QACA. Under provide notice, such as 15 days after provides that all affirmative elections in the final regulations, the default hire, as long as the employee has an effect on December 31, 2010 expire on percentage may also vary based on the effective opportunity to elect not to that date, then, if the QACA continues portions of years since that date. Thus, make contributions or make an into 2011, all eligible employees who do the plan may provide for the increase of affirmative election to defer a different not make a new affirmative election will the default percentage mid-year, as long amount or percentage of compensation be automatically enrolled under the as the percentage is uniform based on prior to the first contribution made QACA. Similarly, if an employee who the number of years or portions of years pursuant to a default election. made an affirmative election takes a since an employee first had The final regulations modify the hardship withdrawal under the plan contributions made pursuant to a deemed satisfaction of timing and the plan suspends elective default election and satisfies the requirement set forth in § 1.401(k)– contributions for 6 months after receipt minimum percentage requirement 3(d)(3)(ii). The regulations provide that of the hardship distribution in throughout the plan year. if it is not practicable for the notice to be provided on or before the date accordance with § 1.401(k)–3(c)(6)(v)(B), C. Notice Timing Requirement specified in the plan that an employee then, if the plan does not reinstate the The proposed regulations provided becomes eligible, the notice will affirmative election at the end of the 6 that a QACA satisfies the notice nonetheless be treated as provided months, the employer must requirement of section 401(k)(13)(E) timely if it is provided as soon as automatically enroll the employee. only if the notice satisfies the notice practicable after that date and the The final regulations provide that, for requirements under section 401(k)(12) employee is permitted to elect to defer plan years beginning on or after January and satisfies the additional from all types of compensation that may 1, 2010, compensation for purposes of requirements found in section be deferred under the plan earned determining default contributions 401(k)(13)(E)(ii). Section 401(k)(12)(D) beginning on that date. Thus, an means safe harbor compensation as and section 401(k)(13)(E)(i) provide that employer is required to provide the defined in § 1.401(k)–3(b)(2). the notice must be provided within a notice to the employee prior to the pay B. Uniformity Requirement reasonable period before each plan year date for the payroll period that includes to each employee eligible to participate the date the employee becomes eligible. Section 401(k)(13)(C)(iii) provides in the QACA. This change applies to the safe harbor that the default percentage must be The final regulations under section described in section 401(k)(12), as well applied uniformly. The proposed 401(k)(12) provide that the as section 401(k)(13). regulations provided that a plan does determination of whether the notice The final regulations provide rules for not fail to satisfy this uniformity satisfies the timing requirement is based when the default election must first requirement merely because: the on all of the relevant facts and become effective. In accordance with percentage varies based on the number circumstances. The timing requirement section 401(k)(13)(E)(ii)(III), the final of years an eligible employee has is deemed satisfied if at least 30 days regulations provide that the default participated in the automatic (and no more than 90 days) before the election must be effective no earlier contribution arrangement intended to be beginning of each plan year, the notice than a reasonable period of time after a QACA; the rate of elective is provided to each eligible employee. In the receipt of the notice (in order to contributions under a cash or deferred the case where an eligible employee is provide the employee with a reasonable election that is in effect immediately not provided the notice within this 30– period of time to make an affirmative prior to the effective date of the default 90 day period because the employee election). However, the final regulations percentage under the QACA is not becomes eligible after the 90th day provide that the default election must be reduced; the rate of elective before the beginning of the plan year, effective no later than the earlier of the contributions is limited so as not to the timing requirement is deemed to be pay date for the second payroll period exceed the limits of sections 401(a)(17), satisfied if the notice is provided no that begins after the date the notice is 402(g) (determined with or without more than 90 days before the employee provided or the first pay date that catch-up contributions described in becomes eligible and no later than the occurs at least 30 days after the notice section 402(g)(1)(C) or 402(g)(7)), and date the employee becomes eligible. is provided. Notwithstanding any delay 415; or the default election is not The proposed regulations under in when the first default contribution is applied during the period an employee section 401(k)(13) applied these same made, nonelective contributions that are is not permitted to make elective rules to the notice required under based on a full year’s contributions and contributions in order for the plan to section 401(k)(13)(E)(i). In accordance the rate of matching contributions that

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varies based on compensation must be contributions, whichever is applicable. With respect to the correction of based on the safe harbor compensation The special treatment under section excess contributions for a plan year earned since the participant was first 401(k)(13)(C)(iv) for employees who beginning on or after January 1, 2010, eligible under the plan. have an affirmative election in effect the final regulations provide that a plan does not affect whether safe harbor that contains an EACA is entitled to the D. Exclusion of Current Affirmative extended 6-month period for correcting Elections From Automatic Enrollment matching contributions or nonelective contributions are required to be made excess contributions and excess The proposed regulations provided for those employees. aggregate contributions without that an automatic contribution incurring an excise tax under section arrangement does not fail to be a QACA II. Eligible Automatic Contribution 4979, only if all eligible NHCEs and merely because the default election is Arrangement Under Section 414(w) eligible HCEs are covered employees not applied to an employee who was A. Non-Universal Eligible Automatic under the EACA for the entire plan year eligible under the cash or deferred Contribution Arrangements (or the portion of the plan year that the arrangement (or a predecessor employees are eligible employees). arrangement) immediately prior to the The proposed regulations provided Thus, if an EACA covers fewer than all effective date of the QACA and on that that an eligible automatic contribution the eligible employees under the plan, effective date had an affirmative arrangement (EACA) is an automatic the employer will be unable to take election in effect (that remains in effect) contribution arrangement under an advantage of the extension under to have elective contributions made on applicable employer plan that applies to section 4979. his or her behalf (in a specified amount each ‘‘eligible employee.’’ An eligible or percentage of compensation) or not employee was defined as an employee B. Uniformity Requirement have elective contributions made on his who is eligible to make a cash or The proposed regulations provided or her behalf. deferred election under the plan. that an EACA must provide that the Some commentators requested that Therefore, under the proposed default elective contribution is a employers be permitted to treat regulations, an employer was required uniform percentage of compensation. employees who did not affirmatively to apply automatic enrollment to all The exceptions to the uniformity elect to make elective contributions current and new employees eligible to requirement for a QACA set forth in under the plan as though they had make a deferral election under the § 1.401(k)–3(j)(2)(iii) also applied to an affirmatively elected zero. These applicable plan who did not have an EACA (without regard to whether the commentators stated that it would be affirmative election in effect. arrangement was intended to be a administratively difficult to determine Commentators requested flexibility in QACA). which employees had affirmative the implementation of an EACA by Some commentators requested that elections in effect prior to the effective permitting an employer to apply the uniformity requirement be eased if date of the QACA. automatic enrollment only to those the plan is a multiemployer plan or a The regulations do not expand the employees who are hired on or after the multiple employer plan, or if the exception for automatically enrolling effective date of the EACA. sponsor wants to have different default current employees to employees who contributions for collectively bargained The final regulations modify the rule have not made an affirmative election. and non-collectively bargained in the proposed regulations to provide Under section 401(k)(13)(C)(iv)(II), only employees. The final regulations do not that the employees who must be subject those employees who had an affirmative specifically permit this. However, these to the automatic enrollment provisions election in effect immediately before the plan sponsors can accomplish a similar under an EACA are only those QACA became effective are permitted to goal by establishing separate EACAs for employees who are specified in the plan be excluded from having a default each of these separate groups. To as being covered employees under the election apply to them. address the possibility that a plan may EACA. Thus, automatic enrollment contain more than one EACA, the final E. Other Topics under an EACA need not apply to all regulations provide that the requirement Commentators requested clarification employees eligible to make a deferral that the default elective contributions as to whether the safe harbor election under the applicable plan, but under an EACA be a uniform percentage nonelective and matching contributions only to those employees who are of compensation is applied by made under a QACA are eligible for covered by the EACA. aggregating all automatic contribution hardship withdrawal. The final The final regulations provide that the arrangements within the plan that are regulations clarify that these safe harbor plan document must specify the intended to be EACAs. For this purpose, contributions are subject to the employees who are covered under the in the case of a plan subject to section withdrawal restrictions found in EACA and must state whether an 410(b), the definition of plan is § 1.401(k)–1(d) that apply to QNECs and employee who makes an affirmative determined after applying the QMACs. Thus, the maximum election remains covered under the disaggregation rules of § 1.401(k)– distributable amount under § 1.401(k)– EACA. Under section 414(w)(4), the 1(b)(4). Thus, a plan that is subject to 1(d)(3)(ii) does not include earnings, notice regarding an employee’s rights the rules of section 410(b) is permitted QNECs, QMACs, or these safe harbor and obligations under the arrangement to provide for separate EACAs for contributions. need only be provided to those different groups of collectively A commentator asked whether safe employees who are covered employees bargained employees or different harbor matching or nonelective under the EACA as set forth in the plan. employers in a multiple employer plan contributions were required for all Thus, if a plan provides that an with a different default percentage for employees, including those eligible employee who makes an affirmative each EACA, but such a plan could not employees with affirmative elections in election is no longer a covered have different default percentages apply effect. The final regulations retain the employee under the EACA, then the to different groups of employees that are requirement that all eligible employees employee is not required to receive the in the same plan after application of the must receive safe harbor matching notice after he or she makes an disaggregation rules of § 1.401(k)– contributions or nonelective affirmative election. 1(b)(4).

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C. Mid-Year Implementation of an notice is provided to each eligible to misidentifying the date of the first Eligible Automatic Contribution employee within a reasonable period of default elective contribution as defined Arrangement time before the employee becomes under the regulations, the plan is Section 401(k)(12)(D) contains the eligible for the arrangement. permitted to limit the period during notice requirement applicable to a plan The final regulations do not adopt this which the election can be made to less suggestion. Instead, the final regulations that is relying on the safe harbor for than 90 days. Under the final generally retain the rule in the proposed nondiscrimination testing in section regulations, a plan is permitted to set an regulations, which is consistent with the 401(k)(12). It requires that the notice be earlier deadline for the election to statutory requirements of section provided ‘‘within a reasonable period withdraw default elective contributions. 414(w)(4) and with the interpretation of before any year.’’ The final regulations However, if a plan offers a permissible the identical language in section under section 401(k)(12) provide that withdrawal for covered employees, the 401(k)(13) and the almost identical the notice must be provided within a election period for the covered language in section 401(k)(12). The final reasonable period of time before the employees must be at least 30 days. regulations do, however, treat plan year (or, in the first year that the The final regulations also provide that individuals who first become covered employee becomes eligible, within a the date of the first default elective under an automatic contribution contribution must take into account any reasonable period of time before the arrangement as a result of a change in employee becomes eligible). The final default elective contributions made employment status the same as under any EACA under the plan. For regulations further provide that whether individuals who first become eligible to this timing requirement is satisfied is this purpose, all EACAs under the plan make a cash or deferred election for must be aggregated. However, if the plan based upon all of the relevant facts and purposes of the notice timing circumstances and that the timing provides for multiple EACAs to cover requirements. different employees in different portions requirement is deemed to be satisfied if Consistent with the revisions to the of the plan and these portions of the the notice is given at least 30 days (and deemed timing rule for purposes of plan are mandatorily disaggregated no more than 90 days) before the sections 401(k)(12) and 401(k)(13) under section 410(b), then there is no beginning of each plan year. In the case described in this preamble, the final requirement to aggregate those different of an employee who becomes eligible regulations provide that if it is not EACAs. Thus, in the case where a plan after the 90th day before the beginning practicable for the notice to be provided that is subject to the rules of section of the plan year, the timing requirement on or before the date specified in the 410(b) has separate EACAs for different is deemed to be satisfied if the notice is plan that an employee becomes eligible, groups of collectively bargained provided no more than 90 days before the notice will nonetheless be treated as employees or different employers in a the employee becomes eligible for the provided timely if it is provided as soon multiple employer plan, the date for cash or deferred arrangement (and no as practicable after that date and the determining the first default elective later than the date the employee employee is permitted to elect to defer contribution is determined with respect becomes eligible). from all types of compensation that may to each EACA within the separate Section 401(k)(13)(E), which contains be deferred under the plan earned disaggregated plan. In addition, in the notice requirements applicable to a beginning on that date. Thus, an response to comments, the final QACA, and section 414(w)(4), which employer is required to provide the regulations provide that for purposes of contains the notice requirements notice to the employee prior to the pay determining the date of the first default applicable to an EACA, each require date for the payroll period that includes elective contribution, a plan is that the notice be provided ‘‘within a the date the employee becomes eligible. reasonable period before each plan permitted to treat an employee who for year.’’ The proposed regulations D. Permissible Withdrawal an entire plan year did not have default interpreted these provisions in a manner Section 414(w)(2) limits the period for elective contributions made under the consistent with the interpretation in the the special election to withdraw default EACA as if the employee had not had final regulations under section elective contributions to the first 90 such contributions for any prior plan 401(k)(12) of the almost identical days after the date of the first default year as well. language in that section, including the contribution under the EACA. The Commentators asked whether requirement that the notice be provided proposed regulations provided that the employers can restrict the permissible within a reasonable period of time date of the first default elective withdrawals based on subsequent before each plan year, except that, for contribution is the date that the affirmative elections made by individuals who become eligible compensation that is subject to the cash employees. For example, one employees during the plan year, the or deferred election would otherwise commentator requested that an notice need only be provided within a have been included in gross income. employer be permitted to limit the reasonable period before the employee Some commentators suggested that permissible withdrawal election to becomes an eligible employee. the 90-day period start from the date the those employees who are automatically Some commentators noted that the first contribution is received by the plan enrolled and who do not make a notice timing requirement could be for the participant. The final regulations subsequent affirmative election of an interpreted to preclude the retain the rule in the proposed amount (other than zero) within the 90- establishment of an EACA in the middle regulations that the 90-day period starts day election period. Under a section of the plan year, in situations where the after the date the compensation would 401(a) plan or a section 403(b) plan, an notice was not provided before the otherwise have been included in gross employer is not permitted to condition beginning of the plan year. They income. This date is used for other an employee’s right to take a suggested that the statutory requirement relevant Code provisions, such as the permissible withdrawal on the level of to provide notice before the start of each application of the section 402(g) the employee’s deferral election under plan year should not preclude starting limitation. the plan. Thus, an employee’s an EACA in the middle of the plan year If an employer is concerned about permissible withdrawal rights may not of an existing cash or deferred inadvertently permitting withdrawal be restricted based upon the employee’s arrangement that is not an EACA, if elections outside the 90-day period due subsequent affirmative election.

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The proposed regulations provided § 1.414(w)–1(c) if the withdrawal has regulations under § 1.414(w)–1 or these that the effective date of the permissible been made prior to the date as of which final regulations will be treated as withdrawal election must be no later the matching contributions would operating in accordance with a good than the last day of the payroll period otherwise be allocated. faith interpretation of section 414(w). that begins after the date the election is III. Other Issues Special Analyses made. This rule was included in the proposed regulations to limit section A. Other Automatic Contribution It has been determined that these final 414(w) withdrawals to default elective Arrangements regulations are not a significant contributions made for short periods of Many employers have previously regulatory action as defined in time. In response to comments, the final adopted automatic contribution Executive Order 12866. Therefore, a regulations modify this rule to provide arrangements as originally described in regulatory assessment is not required. It that the latest effective date of the prior guidance, such as Rev. Rul. 2000– has been determined that 5 U.S.C. permissible withdrawal election cannot 8, 2000–1 CB 617. This prior guidance, 533(b) of the Administrative Procedure be after the earlier of: (1) The pay date which was reflected in regulations Act (5 U.S.C. chapter 5) does not apply for the second payroll period beginning under section 401(k) issued in 2004, to these regulations. It is hereby after the election is made, or (2) the first certified that the collection of pay date that occurs at least 30 days permitted employers to automatically enroll employees in a section 401(k) information in these final regulations after the election is made. Of course, a will not have a significant economic plan may permit an earlier effective plan. These final regulations do not affect any automatic contribution impact on a substantial number of small date. entities. This certification is based on Commentators also requested that the arrangement that is not intended to be a QACA or an EACA. the fact that most small entities that IRS clarify when the permissible maintain plans that will be eligible for withdrawal amount must be distributed. B. Other Issues Under Section 902 of the safe harbor provisions of sections The final regulations clarify that the PPA ’06 and WRERA 401(k) and 401(m) or the distribution permissible withdrawal distribution relief provisions of section 414(w) must be made in accordance with the These regulations also reflect the currently provide a similar notice with plan’s ordinary timing procedures for modification to the correction rules for which this notice can be combined. processing distributions and making excess contributions and excess Therefore, an analysis under the distributions. Thus, the permissible aggregate contributions provided in Regulatory Flexibility Act (5 U.S.C. withdrawal distribution should be section 902(e) of PPA’06. These chapter 6) is not required. Pursuant to processed and distributed no differently provisions include: (1) the change in the section 7805(f) of the Internal Revenue than any other distribution permitted year of inclusion in income for under the plan. distributed excess contributions to the Code, the notice of proposed rulemaking The proposed regulations provided year of distribution; and (2) the preceding this regulation was submitted that a permissible withdrawal elimination of the requirement to to the Chief Counsel for Advocacy of the distribution may be reduced by any include gap period income for a Small Business Administration for generally applicable fees, but specified distribution that is made to correct an comments on its impact on small that the plan may not charge a different ADP or ACP failure. However, these business. fee for a distribution under section regulations do not reflect: (1) the change Drafting Information 414(w) than would apply to other made by section 109(b)(3) of WRERA distributions. In response to comments, that eliminates the requirement to The principal authors of these the final regulations clarify that the plan include gap period income for a regulations are Dana Barry, William D. cannot charge a higher fee for a distribution of an excess deferral under Gibbs, and R. Lisa Mojiri-Azad, Office of distribution under section 414(w) than section 402(g); (2) the additional time to Division Counsel/Associate Chief would apply to any other distributions correct excess contributions under a Counsel (Tax Exempt and Government of cash. SARSEP that includes an EACA; (3) the Entities). However, other personnel One commentator requested guidance tax treatment of excess contributions from the IRS and Treasury Department with respect to the withholding and earnings thereon under a SARSEP; participated in the development of these treatment of permissible withdrawal and (4) guidance on SIMPLE IRA plans regulations. that include an EACA. amounts. These amounts are subject to List of Subjects section 3405(a). Effective Date 26 CFR Part 1 E. Forfeiture of Employer Matching Except as provided in §§ 1.401(k)– Contributions 3(j)(1)(i) and 1.401(m)–2(a)(6)(ii), the Income taxes, Reporting and The proposed regulations provided final regulations relating to qualified recordkeeping requirements. that matching contributions with automatic contribution arrangements 26 CFR Part 54 respect to default elective contributions (§§ 1.401(k)–2, 1.401(k)–3, 1.401(m)–2, that had been distributed pursuant to a and 1.401(m)–3) apply to plan years Excise taxes, Pensions, Reporting and permissible withdrawal election must beginning on or after January 1, 2008. recordkeeping requirements. be forfeited. In response to comments, The regulations relating to eligible Adoption of Amendments to the the final regulations clarify that the automatic contribution arrangements Regulations forfeiture applies to any matching (§§ 1.402(c)–2, 1.411(a)–4, 1.414(w)–1, contributions that have been allocated and 54.4979–1) apply for plan years ■ Accordingly, 26 CFR parts 1 and 54 to the participant’s account, adjusted for beginning on or after January 1, 2010. are amended as follows: allocable gain or loss. The final For plan years that begin in 2008, a plan regulations provide that the plan is must operate in accordance with a good PART 1—INCOME TAXES permitted to provide that matching faith interpretation of section 414(w). contributions will not be made with For this purpose, a plan that operates in ■ Paragraph 1. The authority citation respect to any withdrawal made under accordance with the proposed for part 1 is amended to read as follows:

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Authority: 26 U.S.C. 401(m)(9) and 26 (A) Initial-period requirement. § 1.401(k)–2 ADP test. U.S.C. 7805 * * * Section 1.401(k)–3 is also (B) Second-year requirement. (a) * * * issued under 26 U.S.C. 401(m)(9). (C) Third-year requirement. (D) Later years requirement. (5) * * * ■ Par. 2. Section 1.401(k)–0 is amended (iii) Exception to uniform percentage (vi) Default elective contributions in: requirement. pursuant to section 414(w). Default ■ 1. The entry for § 1.401(k)–2 is (iv) Treatment of periods without default elective contributions made under an amended by— contributions. eligible automatic contribution ■ a. Adding the entry for § 1.401(k)– (k) Modifications to contribution arrangement (within the meaning of 2(a)(5)(vi) and revising the entry for requirements and notice requirements § 1.414(w)–1(b)) that are distributed for automatic contribution safe harbor. § 1.401(k)–2(b)(2)(iv)(D). pursuant to § 1.414(w)–1(c) for plan ■ b. Revising entries for § 1.401(k)– (1) In general. (2) Lower matching requirement. years beginning on or after January 1, 2(b)(2)(vi)(A) and (b)(2)(vi)(B). (3) Modified nonforfeiture requirement. 2008, are not taken into account under ■ c. Adding an entry for § 1.401(k)– (4) Additional notice requirements. paragraph (a)(4) of this section for the 2(b)(5)(iii). (i) In general. plan year for which the contributions ■ 2. The entry for § 1.401(k)–3 is (ii) Additional information. are made, or for any other plan year. amended by— (iii) Timing requirements. ■ * * * * * a. Adding entries for §§ 1.401(k)– ■ 3(a)(1), 1.401(k)–3(a)(2) and 1.401(k)– Par. 3. Section 1.401(k)–1 is amended (b) * * * 3(a)(3). by: (2) * * * ■ 1. Revising paragraph (b)(1)(ii)(C) and ■ b. Adding an entry for § 1.401(k)–3(i). (iv) Income allocable to excess ■ c. Adding entries for §§ 1.401(k)– adding new paragraph (b)(1)(ii)(D). contributions—(A) General rule. For ■ 2. Adding a new sentence after the 3(j)(1) and 1.401(k)–3(j)(2). plan years beginning on or after January fifth sentence in paragraph (e)(7). ■ d. Adding entries for §§ 1.401(k)– 1, 2008, the income allocable to excess The additions and revisions to read as 3(k)(1), 1.401(k)–3(k)(2), 1.401(k)–3(k)(3) contributions is equal to the allocable follows: and 1.401(k)–3(k)(4). gain or loss through the end of the plan The additions and revisions read as § 1.401(k)–1 Certain cash or deferred year. See paragraph (b)(2)(iv)(D) of this follows: arrangements. section for rules that apply to plan years beginning before January 1, 2008. § 1.401(k)–0 Table of Contents. * * * * * (b) * * * * * * * * * * * * * (1) * * * (D) Plan years before 2008. For plan § 1.401(k)–2 ADP test. (ii) * * * (a) * * * years beginning before January 1, 2008, (C) The ADP safe harbor provisions of the income allocable to excess (5) * * * section 401(k)(13) described in (vi) Default elective contributions pursuant contributions is determined under to section 414(w). § 1.401(k)–3; or § 1.401(k)–2(b)(2)(iv) (as it appeared in (D) The SIMPLE 401(k) provisions of * * * * * the April 1, 2007, edition of 26 CFR part section 401(k)(11) described in 1). (b) * * * § 1.401(k)–4. (2) * * * * * * * * * * * * * (iv) * * * (vi) Tax treatment of corrective (A) * * * (e) * * * (7) Plan provision requirement. *** distributions—(A) Corrective * * * * * distributions for plan years beginning on (D) Plan years before 2008. In addition, a plan that uses the safe harbor method of section 401(k)(13), as or after January 1, 2008. Except as * * * * * described in paragraph (b)(1)(ii)(C) of provided in this paragraph (b)(2)(vi), for (vi) * * * this section, must specify the default plan years beginning on or after January (A) Corrective distributions for plan years 1, 2008, a corrective distribution of beginning on or after January 1, 2008. percentages that apply for the plan year and whether the safe harbor excess contributions (and allocable (B) Corrective distributions for plan years income) is includible in the employee’s beginning before January 1, 2008. contribution will be the nonelective safe gross income for the employee’s taxable * * * * * harbor contribution or the matching safe harbor contribution, and is not year in which distributed. In addition, (5) * * * the corrective distribution is not subject (iii) Special rule for eligible automatic permitted to provide that ADP testing contribution arrangements. will be used if the requirements for the to the early distribution tax of section safe harbor are not satisfied. * * * 72(t). See paragraph (b)(5) of this section * * * * * for additional rules relating to the § 1.401(k)–3 Safe harbor requirements. * * * * * (a) * * * employer excise tax on amounts ■ Par. 4. Section 1.401(k)–2 is amended 1 (1) Section 401(k)(12) safe harbor. distributed more than 2 ⁄2 months (6 by: months in the case of certain plans that (2) Section 401(k)(13) safe harbor. ■ 1. Adding paragraph (a)(5)(vi). (3) Requirements applicable to safe harbor include an eligible automatic ■ 2. Revising paragraphs (b)(2)(iv)(A) contributions. contribution arrangement within the and (b)(2)(iv)(D). meaning of section 414(w)) after the end * * * * * ■ 3. Removing paragraph (b)(2)(iv)(E). (i) [Reserved]. ■ 4. Revising paragraph (b)(2)(vi)(A). of the plan year. See also § 1.402(c)–2, (j) Qualified automatic contribution ■ 5. Revising the heading and adding a A–4 for restrictions on rolling over arrangement. new first sentence to paragraph distributions that are excess (1) Automatic contribution requirement. contributions. (i) In general. (b)(2)(vi)(B). ■ (B) Corrective distributions for plan (ii) Automatic contribution arrangement. 6. Removing Examples 3, 4, and 5 of (iii) Exception to automatic enrollment for paragraph (b)(2)(viii). years beginning before January 1, 2008. certain current employees. ■ 7. Revising paragraph (b)(4)(iii) and The tax treatment of corrective (2) Qualified percentage. adding paragraph (b)(5)(iii). distributions for plan years beginning (i) In general. The additions and revisions to read as before January 1, 2008, is determined (ii) Minimum percentage requirements. follows: under § 1.401(k)–2(b)(2)(vi) (as it

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appeared in the April 1, 2007, edition of satisfies the ADP safe harbor provision nonelective contributions may not be 26 CFR Part 1). * * * of section 401(k)(13) for a plan year if taken into account under any plan for * * * * * the arrangement is described in purposes of section 401(l) (including the (4) * * * paragraph (j) of this section and satisfies imputation of permitted disparity under (iii) Permitted forfeiture of QMAC. the safe harbor contribution requirement § 1.401(a)(4)–7). Pursuant to section 401(k)(8)(E), a of paragraph (k) of this section for the (3) Early participation rules. Section qualified matching contribution is not plan year, the notice requirement of 401(k)(3)(F) and § 1.401(k)– treated as forfeitable under § 1.401(k)– paragraph (d) of this section (modified 2(a)(1)(iii)(A), which provide an 1(c) merely because under the plan it is to include the information set forth in alternative nondiscrimination rule for forfeited in accordance with paragraph paragraph (k)(4) of this section), the certain plans that provide for early (b)(4)(ii) of this section or § 1.414(w)– plan year requirements of paragraph (e) participation, do not apply for purposes 1(d)(2). of this section, and the additional rules of section 401(k)(12), section 401(k)(13), * * * * * of paragraphs (f), (g), and (h) of this and this section. * * * (5) * * * section, as applicable. A cash or * * * * * (iii) Special rule for eligible automatic deferred arrangement that satisfies the (i) [Reserved]. contribution arrangements. In the case requirements of this paragraph (a)(2) is (j) Qualified automatic contribution of excess contributions under a plan referred to as a qualified automatic arrangement—(1) Automatic that includes an eligible automatic contribution arrangement. contribution requirement—(i) In contribution arrangement within the (3) Requirements applicable to safe general. A cash or deferred arrangement meaning of section 414(w), 6 months is harbor contributions. Pursuant to is described in this paragraph (j) if it is substituted for 21⁄2 months in paragraph section 401(k)(12)(E)(ii) and section an automatic contribution arrangement (b)(5)(i) of this section. The additional 401(k)(13)(D)(iv), the safe harbor described in paragraph (j)(1)(ii) of this time described in this paragraph contribution requirement of paragraph section where the default election under (b)(5)(iii) applies to a distribution of (b), (c), or (k) of this section must be that arrangement is a contribution equal excess contributions for a plan year satisfied without regard to section to the qualified percentage described in beginning on or after January 1, 2010 401(l). The contributions made under paragraph (j)(2) of this section only where all the eligible NHCEs and paragraph (b) or (c) of this section (and multiplied by the eligible employee’s eligible HCEs are covered employees the corresponding contributions under compensation from which elective under the eligible automatic paragraph (k) of this section) are contributions are permitted to be made contribution arrangement (within the referred to as safe harbor nonelective under the cash or deferred arrangement. meaning of § 1.414(w)–1(e)(3)) for the contributions and safe harbor matching For plan years beginning on or after entire plan year (or for the portion of the contributions. January 1, 2010, the compensation used plan year that the eligible NHCEs and * * * * * for this purpose must be safe harbor eligible HCEs are eligible employees). (d) * * * compensation as defined under * * * * * (3) * * * paragraph (b)(2) of this section. (ii) Deemed satisfaction of timing (ii) Automatic contribution ■ Par. 5. Section 1.401(k)–3 is amended requirement. * * * If it is not arrangement. An automatic contribution by: practicable for the notice to be provided ■ 1. Revising paragraph (a). arrangement is a cash or deferred on or before the date specified in the ■ 2. Adding a new sentence at the end arrangement within the meaning of plan that an employee becomes eligible, of paragraph (d)(3)(ii). § 1.401(k)–1(a)(2) that provides that, in the notice will nonetheless be treated as ■ 3. Revising the first sentence of the absence of an eligible employee’s provided timely if it is provided as soon paragraph (e)(1). affirmative election, a default election as practicable after that date and the ■ 4. Revising the last sentence of applies under which the employee is employee is permitted to elect to defer paragraph (h)(2). treated as having made an election to ■ 5. Revising the first sentence of from all types of compensation that may have a specified contribution made on paragraph (h)(3). be deferred under the plan earned his or her behalf under the plan. The ■ 6. Adding paragraphs (i), (j), and (k). beginning on the date the employee default election begins to apply with The additions and revisions to read as becomes eligible. respect to an eligible employee no follows: (e) Plan year requirement—(1) earlier than a reasonable period of time General rule. Except as provided in this after receipt of the notice describing the § 1.401(k)–3 Safe harbor requirements. paragraph (e) or in paragraph (f) of this automatic contribution arrangement. (a) ADP test safe harbor—(1) Section section, a plan will fail to satisfy the The default election ceases to apply 401(k)(12) safe harbor. A cash or requirements of sections 401(k)(12), with respect to an eligible employee for deferred arrangement satisfies the ADP 401(k)(13), and this section unless plan periods of time with respect to which safe harbor provision of section provisions that satisfy the rules of this the employee has an affirmative election 401(k)(12) for a plan year if the section are adopted before the first day that is currently in effect to— arrangement satisfies the safe harbor of the plan year and remain in effect for (A) Have elective contributions made contribution requirement of paragraph an entire 12-month plan year. * * * in a different amount on his or her (b) or (c) of this section for the plan * * * * * behalf (in a specified amount or year, the notice requirement of (h) * * * percentage of compensation); or paragraph (d) of this section, the plan (2) Use of safe harbor nonelective (B) Not have any elective year requirements of paragraph (e) of contributions to satisfy other contributions made on his or her behalf. this section, and the additional rules of discrimination tests. * * * However, (iii) Exception to automatic paragraphs (f), (g), and (h) of this pursuant to section 401(k)(12)(E)(ii) and enrollment for certain current section, as applicable. section 401(k)(13)(D)(iv), to the extent employees. An automatic contribution (2) Section 401(k)(13) safe harbor. For they are needed to satisfy the safe arrangement will not fail to be a plan years beginning on or after January harbor contribution requirement of qualified automatic contribution 1, 2008, a cash or deferred arrangement paragraph (b) of this section, safe harbor arrangement merely because the default

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election provided under paragraph requirement of paragraph (j)(2)(i)(A) of requirements of paragraph (k)(4) of this (j)(1)(i) of this section is not applied to this section merely because— section. an employee who was an eligible (A) The percentage varies based on (2) Lower matching requirement. In employee under the cash or deferred the number of years (or portions of applying the requirement of paragraph arrangement (or a predecessor years) since the beginning of the initial (c) of this section in the case of a cash arrangement) immediately prior to the period for an eligible employee; or deferred arrangement, the basic effective date of the qualified automatic (B) The rate of elective contributions matching formula is modified so that contribution arrangement and on that under a cash or deferred election that is each eligible NHCE must receive the effective date had an affirmative in effect for an employee immediately sum of— election in effect (that remains in effect) prior to the effective date of the default (i) 100 percent of the employee’s to— percentage under the qualified elective contributions that do not (A) Have elective contributions made automatic contribution arrangement is exceed 1 percent of the employee’s safe on his or her behalf (in a specified not reduced; harbor compensation; and amount or percentage of compensation); (C) The rate of elective contributions (ii) 50 percent of the employee’s or is limited so as not to exceed the limits elective contributions that exceed 1 (B) Not have elective contributions of sections 401(a)(17), 402(g) percent of the employee’s safe harbor made on his or her behalf. (determined with or without catch-up compensation but that do not exceed 6 (2) Qualified percentage—(i) In contributions described in section percent of the employee’s safe harbor 402(g)(1)(C) or 402(g)(7)), and 415; or general. A percentage is a qualified compensation. (D) The default election provided percentage only if it— (3) Modified nonforfeiture under paragraph (j)(1)(i) of this section (A) Is uniform for all employees requirement. A cash or deferred is not applied during the period an arrangement described in paragraph (j) (except to the extent provided in employee is not permitted to make paragraph (j)(2)(iii) of this section); of this section will not fail to satisfy the elective contributions in order for the requirements of paragraph (b) or (c) of (B) Does not exceed 10 percent; and plan to satisfy the requirements of (C) Satisfies the minimum percentage this section, as applicable, merely § 1.401(k)–3(c)(6)(v)(B). because the safe harbor contributions requirements of paragraph (j)(2)(ii) of (iv) Treatment of periods without this section. are not qualified nonelective default contributions. The minimum contributions or qualified matching (ii) Minimum percentage percentages described in paragraph contributions provided that— requirements—(A) Initial-period (j)(2)(ii) of this section are based on the (i) The contributions are subject to the requirement. The minimum percentage date the initial period begins, regardless withdrawal restrictions that apply to requirement of this paragraph of whether the employee is eligible to QNECs and QMACs, as set forth in (j)(2)(ii)(A) is satisfied only if the make elective contributions under the § 1.401(k)–1(d); and percentage that applies for the initial plan after that date. Thus, for example, (ii) Any employee who has completed period is at least 3 percent. For this if an employee is ineligible to make 2 years of service (within the meaning purpose, the initial period begins when contributions under the plan for 6 of section 411(a)) has a nonforfeitable the employee first has contributions months because the employee had a right to the account balance attributable made pursuant to a default election hardship withdrawal and the 6-month to the safe harbor contributions. under an arrangement that is intended period includes a date as of which the (4) Additional notice requirements— to be a qualified automatic contribution default minimum percentage is (i) In general. A notice satisfies the arrangement for a plan year and ends on increased, then the default percentage requirements of this paragraph (k)(4) the last day of the following plan year. must reflect that increase when the only if it includes the additional (B) Second-year requirement. The employee is permitted to resume information described in paragraph minimum percentage requirement of contributions. However, for purposes of (k)(4)(ii) of this section and satisfies the this paragraph (j)(2)(ii)(B) is satisfied determining the date the initial period timing requirements of paragraph only if the percentage that applies for described in paragraph (j)(2)(ii)(A) of (k)(4)(iii) of this section. the plan year immediately following the this section begins, a plan is permitted (ii) Additional information. A notice last day described in paragraph to treat an employee who for an entire satisfies the additional information (j)(2)(ii)(A) of this section is at least 4 plan year did not have contributions requirement of this paragraph (k)(4)(ii) percent. made pursuant to a default election only if it explains— (C) Third-year requirement. The under the qualified automatic (A) The level of elective contributions minimum percentage requirement of contribution arrangement as if the which will be made on the employee’s this paragraph (j)(2)(ii)(C) is satisfied employee had not had such behalf if the employee does not make an only if the percentage that applies for contributions made for any prior plan affirmative election; the plan year immediately following the year as well. (B) The employee’s right under the plan year described in paragraph (k) Modifications to contribution arrangement to elect not to have elective (j)(2)(ii)(B) of this section is at least 5 requirements and notice requirements contributions made on the employee’s percent. for automatic contribution safe harbor— behalf (or to elect to have such (D) Later years requirement. A (1) In general. A cash or deferred contributions made in a different percentage satisfies the minimum arrangement satisfies the contribution amount or percentage of compensation); percentage requirement of this requirements of this paragraph (k) only and paragraph (j)(2)(ii)(D) only if the if it satisfies the contribution (C) How contributions under the percentage that applies for all plan years requirements of either paragraph (b) or arrangement will be invested (including, following the plan year described in (c) of this section, as modified by the in the case of an arrangement under paragraph (j)(2)(ii)(C) of this section is at rules of paragraphs (k)(2) and (k)(3) of which the employee may elect among 2 least 6 percent. this section. In addition, a cash or or more investment options, how (iii) Exception to uniform percentage deferred arrangement satisfies the notice contributions will be invested in the requirement. A plan does not fail to requirement of section 401(k)(13)(E) absence of an investment election by the satisfy the uniform percentage only if the notice satisfies the additional employee).

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(iii) Timing requirements. A notice (E) Allocable income for recharacterized ■ Par. 9. Section 1.401(m)–2 is amended satisfies the timing requirements of this elective contributions. by: paragraph (k)(4)(iii) only if it is * * * * * ■ 1. Revising the first and second provided sufficiently early so that the (vi) * * * sentences of paragraph (a)(5)(iv). (A) Corrective distributions for plan years employee has a reasonable period of ■ 2. Revising paragraph (a)(5)(v). time after receipt of the notice to make beginning on or after January 1, 2008. (B) Corrective distributions for plan years ■ 3. Adding a new sentence at the end the elections described under paragraph beginning before January 1, 2008. (k)(4)(ii)(B) and (C) of this section. of paragraph (a)(6)(ii). * * * * * However, the requirement in the ■ 4. Revising paragraphs (b)(2)(iv)(A) (4) * * * and (b)(2)(iv)(D). preceding sentence that an employee (iii) Special rule for eligible automatic have a reasonable period of time after contribution arrangements. ■ 5. Removing paragraph (b)(2)(iv)(E). receipt of the notice to make an * * * * * ■ 6. Redesignating paragraph alternative election does not permit a § 1.401(m)–3 Safe Harbor Requirements. (b)(2)(iv)(F) as paragraph (b)(2)(iv)(E). plan to make the default election (a) * * * ■ 7. Revising paragraph (b)(2)(vi)(A). effective any later than the earlier of— (1) Section 401(m)(11) safe harbor. ■ (A) The pay date for the second (2) Section 401(m)(12) safe harbor. 8. Adding a new sentence to the payroll period that begins after the date (3) Requirements applicable to safe harbor beginning of paragraph (b)(2)(vi)(B). the notice is provided; and contributions. ■ 9. Adding paragraph (b)(4)(iii). (B) The first pay date that occurs at * * * * * The additions and revisions read as least 30 days after the notice is ■ Par. 8. Section 1.401(m)–1 is amended follows: provided. by: § 1.401(m)–2 ACP test. ■ Par. 6. Section 1.401(k)–6 is amended ■ 1. Revising paragraph (b)(1)(iii) and by revising the last sentence in the adding paragraph (b)(1)(iv). (a) * * * definition of ‘‘qualified matching ■ 2. Revising the last sentence of (5) * * * contributions (QMACs)’’ to read as paragraph (b)(4)(iii)(B). (iv) Matching contributions taken into ■ follows: 3. Revising the fifth sentence of account. A plan that satisfies the ACP paragraph (c)(2). § 1.401(k)–6 Definitions. safe harbor requirements of section The additions and revisions read as 401(m)(11) or 401(m)(12) for a plan year * * * * * follows: Qualified matching contributions but nonetheless must satisfy the (QMACs). * * * See also § 1.401(k)– § 1.401(m)–1 Employee contributions and requirements of this section because it 2(b)(4)(iii) for a rule providing that a matching contributions. provides for employee contributions for matching contribution does not fail to * * * * * such plan year is permitted to apply this qualify as a QMAC solely because it is (b) * * * section disregarding all matching forfeitable under section 411(a)(3)(G) as (1) * * * contributions with respect to all eligible (iii) The ACP safe harbor provisions of a result of being a matching contribution employees. In addition, a plan that section 401(m)(12) described in with respect to an excess deferral, satisfies the ADP safe harbor § 1.401(m)–3; or excess contribution, or excess aggregate requirements of § 1.401(k)–3 for a plan (iv) The SIMPLE 401(k) provisions of year using qualified matching contribution, or it is forfeitable under sections 401(k)(11) and 401(m)(10) § 1.414(w)–1(d)(2). contributions but does not satisfy the described in § 1.401(k)–4. ACP safe harbor requirements of section * * * * * * * * * * 401(m)(11) or 401(m)(12) for such plan ■ Par. 7. Section 1.401(m)–0 is amended (4) * * * year is permitted to apply this section in: (iii) * * * by excluding matching contributions ■ 1. The entry for § 1.401(m)–2 by— (B) Arrangements with inconsistent with respect to all eligible employees ■ a. Revising § 1.401(m)–2(b)(2)(iv)(D). ACP testing methods. * * * Similarly, that do not exceed 4 percent (31⁄2 ■ b. Adding an entry for § 1.401(m)– an employer may not aggregate a plan percent in the case of a plan that 2(b)(4)(iii). (within the meaning of § 1.410(b)–7) satisfies the ADP safe harbor under ■ c. Revising the entries for § 1.401(m)– that is using the ACP safe harbor section 401(k)(13)) of each employee’s 2(b)(2)(vi)(A) and (b)(2)(vi)(B). provisions of section 401(m)(11) or compensation. * * * 401(m)(12) and another plan that is ■ d. Adding an entry for § 1.401(m)– (v) Treatment of forfeited matching using the ACP test of section 401(m)(2). 2(b)(4)(iii). contributions. A matching contribution ■ 2. The entry for § 1.401(m)–3 by * * * * * that is forfeited because the contribution revising the entries for §§ 1.401(m)– (c) * * * to which it relates is treated as an excess (2) Plan provision requirement. *** 3(a)(1), 1.401(m)–3(a)(2) and 1.401(m)– contribution, excess deferral, excess Similarly, a plan that uses the safe 3(a)(3). aggregate contribution, or default harbor method of section 401(m)(11) or The additions and revisions read as elective contribution that is distributed 401(m)(12), as described in paragraphs follows: under section 414(w), is not taken into (b)(1)(ii) and (b)(1)(iii) of this section, account for purposes of this section. § 1.401(m)–0 Table of Contents. must specify the default percentages * * * * * * * * * * that apply for the plan year and whether § 1.401(m)–2 ACP Test. the safe harbor contribution will be the (6) ***** * * * * * nonelective safe harbor contribution or (ii) Elective contributions taken into (b) * * * the matching safe harbor contribution, account under the ACP test. *** In (2) * * * and is not permitted to provide that addition, for plan years ending on or (iv) * * * ACP testing will be used if the after November 8, 2007, elective (A) * * * requirements for the safe harbor are not contributions which are not permitted * * * * * satisfied. * * * to be taken into account for the ADP test (D) Plan years before 2008. * * * * * for the plan year under § 1.401(k)–

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2(a)(5)(ii), (iii), (v), or (vi) are not (iii) Special rule for eligible automatic (b) or (c) of this section and § 1.401(k)– permitted to be taken into account for contribution arrangements. In the case 3(k) must be satisfied without regard to the ACP test. of excess aggregate contributions under section 401(l). The contributions made * * * * * a plan that includes an eligible under paragraphs (b) and (c) of this (b) ***** automatic contribution arrangement section and § 1.401(k)–3(k) are referred (2) ***** (within the meaning of section 414(w)), to as safe harbor nonelective 6 months is substituted for 21⁄2 months contributions and safe harbor matching (iv) Income allocable to excess in paragraph (b)(4)(i) of this section. The contributions. aggregate contributions—(A) General additional time described in this rule. For plan years beginning on or * * * * * paragraph (b)(4)(iii) applies to a after January 1, 2008, the income (f) Plan year requirement—(1) General distribution of excess aggregate allocable to excess aggregate rule. Except as provided in this contributions for a plan year beginning contributions is equal to the allocable paragraph (f) or in paragraph (g) of this on or after January 1, 2010 only where gain or loss through the end of the plan section, a plan will fail to satisfy the all the eligible NHCEs and eligible HCEs year. See paragraph (b)(2)(iv)(D) of this requirements of section 401(m)(11), are covered employees under the section for rules that apply to plan years section 401(m)(12), and this section eligible automatic contribution beginning before January 1, 2008. unless plan provisions that satisfy the arrangement (within the meaning of rules of this section are adopted before * * * * * § 1.414(w)–1(e)(3)) for the entire plan the first day of that plan year and (D) Plan years before 2008. For plan year (or for the portion of the plan year remain in effect for an entire 12-month years beginning before January 1, 2008, that the eligible NHCEs and eligible plan year. * * * the income allocable to excess aggregate HCEs are eligible employees). contributions is determined under * * * * * * * * * * (j) * * * § 1.401(m)–2(b)(2)(iv) (as it appeared in ■ (3) Early participation rules. Section the April 1, 2007 edition of 26 CFR part Par. 10. Section 1.401(m)–3 is 401(m)(5)(C) and § 1.401(m)– 1). amended by: ■ 1. Revising paragraph (a). 2(a)(1)(iii)(A), which provide an * * * * * ■ 2. Revising the first sentences of alternative nondiscrimination rule for (vi) Tax treatment of corrective paragraphs (f)(1) and (j)(3). certain plans that provide for early distributions—(A) Corrective The revisions read as follows: participation, do not apply for purposes distributions for plan years beginning on of section 401(m)(11), section or after January 1, 2008. Except as § 1.401(m)–3 Safe harbor requirements. 401(m)(12), and this section. * * * otherwise provided in this paragraph (a) ACP test safe harbor—(1) Section * * * * * (b)(2)(vi), for plan years beginning on or 401(m)(11) safe harbor. Matching ■ Par. 11. Section 1.402(c)–2, A–4, is after January 1, 2008, a corrective contributions under a plan satisfy the distribution of excess aggregate amended by redesignating paragraph (h) ACP safe harbor provisions of section as (j), adding a new paragraph (h), and contributions (and allocable income) is 401(m)(11) for a plan year if the plan includible in the employee’s gross adding and reserving paragraph (i) to satisfies the safe harbor contribution read as follows: income in the taxable year of the requirement of paragraph (b) or (c) of employee in which distributed. The this section for the plan year, the § 1.402(c)–2 Eligible rollover distributions, portion of the distribution that is treated limitations on matching contributions of questions and answers. as an investment in the contract and is paragraph (d) of this section, the notice * * * * * therefore not subject to tax under requirement of paragraph (e) of this A–4 * * * section 72 is determined without regard section, the plan year requirements of (h) A distribution that is a permissible to any plan contributions other than paragraph (f) of this section, and the withdrawal from an eligible automatic those distributed as excess aggregate additional rules of paragraphs (g), (h) contribution arrangement within the contributions. Regardless of when the and (j) of this section, as applicable. meaning of section 414(w). corrective distribution is made, it is not (2) Section 401(m)(12) safe harbor. (i) [Reserved] subject to the early distribution tax of For a plan year beginning on or after * * * * * section 72(t). See paragraph (b)(4) of this January 1, 2008, matching contributions ■ Par. 12. Section 1.411(a)–4 is section for additional rules relating to under a plan satisfy the ACP safe harbor amended by revising paragraph (b)(7) to the employer excise tax on amounts provisions of section 401(m)(12) for a read as follows: distributed more than 21⁄2 months (6 plan year if the matching contributions months in the case of certain plans that are made with respect to an automatic § 1.411(a)–4 Forfeitures, suspensions, etc. include an eligible automatic contribution arrangement described in * * * * * contribution arrangement within the paragraph § 1.401(k)–3(j) that satisfies (b) * * * meaning of section 414(w)) after the end the safe harbor requirements of (7) Certain matching contributions. A of the plan year. See also § 1.402(c)–2, § 1.401(k)–3, the limitations on matching contribution (within the A–4, prohibiting rollover of matching contributions of paragraph (d) meaning of section 401(m)(4)(A) and distributions that are excess aggregate of this section, the notice requirement of § 1.401(m)–1(a)(2)) is not treated as contributions. paragraph (e) of this section, the plan forfeitable even if under the plan it may (B) Corrective distributions for plan year requirements of paragraph (f) of be forfeited under § 1.401(m)–2(b)(1) years beginning before January 1, 2008. this section, and the additional rules of because the contribution to which it The tax treatment of corrective paragraphs (g), (h) and (j) of this section, relates is treated as an excess distributions for plan years beginning as applicable. contribution (within the meaning of before January 1, 2008, is determined (3) Requirements applicable to safe §§ 1.401(k)–2(b)(2)(ii) and 1.401(k)–6), under § 1.401(m)–2(b)(2)(vi) (as it harbor contributions. Pursuant to excess deferral (within the meaning of appeared in the April 1, 2007, edition of sections 401(k)(12)(E)(ii) and § 1.402(g)–1(e)(1)(iii)), excess aggregate 26 CFR Part 1). * * * 401(k)(13)(D)(iv), the safe harbor contribution (within the meaning of (4) * * * contribution requirement of paragraph § 1.401(m)–5), or a default elective

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contribution (within the meaning of (iii) Rules of application. For (D) The employee’s rights to make a § 1.414(w)–1(e)) that is withdrawn in purposes of this paragraph (b)(2), all permissible withdrawal, if applicable, accordance with the requirements of automatic contribution arrangements and the procedures to elect such a § 1.414(w)–1(c). that are intended to be eligible withdrawal. * * * * * automatic contribution arrangements (iii) Timing—(A) General rule. The ■ within a plan (or within the timing requirement of this paragraph Par. 13. Section 1.414(w)–1 is added (b)(3)(iii) is satisfied if the notice is to read as follows: disaggregated plan under § 1.410(b)–7, in the case of a plan subject to section provided within a reasonable period § 1.414(w)–1 Permissible Withdrawals 410(b)) are aggregated. Thus, for before the beginning of each plan year From Eligible Automatic Contribution example, if a single plan within the or, in the plan year the employee is first Arrangements. meaning of section 414(l) covering eligible to make a cash or deferred (a) Overview. Section 414(w) provides employees in two separate divisions has election (or first becomes covered under rules under which certain employees two different automatic contribution the automatic contribution arrangement are permitted to elect to make a arrangements that are intended to be as a result of a change in employment withdrawal of default elective eligible automatic contributions status), within a reasonable period contributions from an eligible automatic arrangements, the two automatic before the employee becomes a covered contribution arrangement. This section contribution arrangements can employee. In addition, a notice satisfies sets forth the rules applicable to constitute eligible automatic the timing requirements of paragraph permissible withdrawals from an contribution arrangements only if the (b)(3) of this section only if it is eligible automatic contribution default elective contributions under the provided sufficiently early so that the arrangement within the meaning of arrangements are the same percentage of employee has a reasonable period of section 414(w). Paragraph (b) of this compensation. However, if the different time after receipt of the notice in order section defines an eligible automatic automatic contribution arrangements to make the election described under contribution arrangement. Paragraph (c) cover employees in portions of the plan paragraph (e)(2)(i) or (e)(2)(ii) of this of this section describes a permissible that are mandatorily disaggregated section. (B) Deemed satisfaction of timing withdrawal and addresses which under the rules of section 410(b), then requirement. The timing requirement of employees are eligible to elect a there is no requirement to aggregate this paragraph (b)(3)(iii) is satisfied if at withdrawal, the timing of the those automatic contribution least 30 days (and no more than 90 withdrawal election, and the amount of arrangements under the uniformity days) before the beginning of each plan the withdrawal. Paragraph (d) of this requirements of this paragraph (b)(2). year, the notice is given to each section describes the tax and other (3) Notice requirement—(i) General employee covered under the automatic consequences of the withdrawal. rule. The notice requirement of this contribution arrangement for the plan paragraph (b)(3) is satisfied for a plan Paragraph (e) of this section includes year. In the case of an employee who year if each covered employee is given the definitions applicable to this does not receive the notice within the notice of the employee’s rights and section. period described in the previous obligations under the arrangement. The (b) Eligible automatic contribution sentence because the employee becomes arrangement—(1) In general. An eligible notice must be sufficiently accurate and eligible to make a cash or deferred automatic contribution arrangement is comprehensive to apprise the employee election (or becomes covered under the an automatic contribution arrangement of such rights and obligations, and be automatic contribution arrangement as a under an applicable employer plan that written in a manner calculated to be result of a change in employment status) is intended to be an eligible automatic understood by the average employee to after the 90th day before the beginning contribution arrangement for the plan whom the arrangement applies. The of the plan year, the timing requirement year and that satisfies the uniformity notice must be in writing; however, see is deemed to be satisfied if the notice is requirement under paragraph (b)(2) of § 1.401(a)–21 for rules permitting the provided no more than 90 days before this section, and the notice requirement use of electronic media to provide the employee becomes eligible to make under paragraph (b)(3) of this section. applicable notices. a cash or deferred election (or becomes An eligible automatic contribution (ii) Content requirement. The notice covered under the automatic arrangement need not cover all must include the provisions found in contribution arrangement as a result of employees who are eligible to elect to § 1.401(k)–3(d)(2)(ii) to the extent those a change in employment status), and no have contributions made on their behalf provisions apply to the arrangement. A later than the date that affords the under the applicable employer plan. notice is not considered sufficiently employee a reasonable period of time (2) Uniformity requirement—(i) In accurate and comprehensive unless the after receipt of the notice to make the general. An eligible automatic notice accurately describes— election described under paragraph contribution arrangement must provide (A) The level of the default elective (e)(2)(i) or (e)(2)(ii) of this section. If it that the default elective contribution is contributions which will be made on is not practicable for the notice to be a uniform percentage of compensation. the employee’s behalf if the employee provided on or before the date specified (ii) Exception to uniform percentage does not make an affirmative election; in the plan that an employee becomes requirement. An arrangement does not (B) The employee’s rights to elect not eligible to make a cash or deferred violate the uniformity requirement of to have default elective contributions election, the notice will nonetheless be paragraph (b)(2)(i) of this section merely made to the plan on his or her behalf or treated as provided timely if it is because the percentage varies in a to have a different percentage of provided as soon as practicable after manner that is permitted under compensation or different amount of that date and the employee is permitted § 1.401(k)–3(j)(2)(iii), except that the contribution made to the plan on his or to elect to defer from all types of rule of § 1.401(k)–3(j)(2)(iii)(B) is her behalf; compensation that may be deferred applied without regard to whether the (C) How contributions made under under the plan earned beginning on that arrangement is intended to be a the arrangement will be invested in the date. qualified automatic contribution absence of any investment election by (c) Permissible withdrawal—(1) In arrangement. the employee; and general. If the plan so provides, any

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employee who has default elective default elective contribution under the as described in the applicable contributions made under the eligible eligible automatic contribution instructions. automatic contribution arrangement arrangement must take into account any (iv) Disregarded for purposes of may elect to make a withdrawal of such other eligible automatic contribution section 402(g). The amount of the contributions (and earnings attributable arrangement that is required to be withdrawal is not taken into account in thereto) in accordance with the aggregated with the eligible automatic determining the limitation on elective requirements of this paragraph (c). An contribution arrangement under the deferrals under section 402(g). applicable employer plan that includes rules of paragraph (b)(2)(iii) of this (2) Forfeiture of matching an eligible automatic contribution section. contributions. In the case of any arrangement will not fail to satisfy the (3) Amount and timing of withdrawal made under paragraph (c) of prohibition on in-service withdrawals distributions—(i) In general. A this section, employer matching under section 401(k)(2)(B), 403(b)(7), distribution satisfies the requirement of contributions with respect to the 403(b)(11), or 457(d)(1) merely because this paragraph (c)(3) if the distribution amount withdrawn that have been it permits withdrawals that satisfy the is equal to the amount of default allocated to the participant’s account timing requirement of paragraph (c)(2) elective contributions made under the (adjusted for allocable gains and losses) of this section and the amount eligible automatic contribution must be forfeited. A plan is permitted to requirement of paragraph (c)(3) of this arrangement through the effective date provide that employer matching section. of the election described in paragraph contributions will not be made with (2) Timing—(i) Last date to make (c)(2) of this section (adjusted for respect to any withdrawal made under election. A covered employee’s election allocable gains and losses to the date of paragraph (c) of this section if the to withdraw default elective distribution). If default elective withdrawal has been made prior to the contributions must be made no later contributions are separately accounted date as of which the match would than 90 days after the date of the first for in the participant’s account, the otherwise be allocated. default elective contribution under the amount of the distribution will be the (3) Consent rules. A withdrawal made eligible automatic contribution total amount in that account. However, under paragraph (c) of this section may arrangement and must be effective no if default elective contributions are not be made without regard to any notice or later than the date set forth in paragraph separately accounted for under the plan, consent otherwise required under (c)(2)(iii) of this section. A plan is the amount of the allocable gains and section 401(a)(11) or 417. permitted to set an earlier deadline for losses will be determined under rules (e) Definitions. Unless indicated making this election, but if a plan similar to those provided under otherwise, the following definitions provides that a covered employee may § 1.401(k)–2(b)(2)(iv) for the distribution apply for purposes of section 414(w) of excess contributions. withdraw default elective contributions, and this section. then the election period for the covered (ii) Fees. The distribution amount as determined under this paragraph (c)(3) (1) Applicable employer plan. An employee must be at least 30 days. applicable employer plan means a plan (ii) Determination of date of first may be reduced by any generally that— default elective contribution. For applicable fees. However, the plan may (i) Is qualified under section 401(a); purposes of this paragraph (c)(2), the not charge a higher fee for a distribution (ii) Satisfies the requirements of date of the first default elective under section 414(w) than would apply section 403(b); contribution is the date that the to any other distributions of cash. compensation that is subject to the cash (iii) Date of distribution. The (iii) Is a section 457(b) eligible or deferred election would otherwise distribution must be made in governmental plan described in § 1.457– have been included in gross income. accordance with the plan’s ordinary 2(f); (iii) Latest effective date of the timing procedures for processing (iv) Is a simplified employee pension election. The effective date of an distributions and making distributions. the terms of which provide for a salary election described in this paragraph (d) Consequences of the withdrawal— reduction arrangement described in (c)(2) cannot be after the earlier of— (1) Income tax consequences—(i) Year section 408(k)(6); or (A) The pay date for the second of inclusion. The amount of the (v) Is a SIMPLE described in section payroll period that begins after the date withdrawal is includible in the eligible 408(p). the election is made; and employee’s gross income for the taxable (2) Automatic contribution (B) The first pay date that occurs at year in which the distribution is made. arrangement. An automatic contribution least 30 days after the election is made. However, any portion of the distribution arrangement means an arrangement that (iv) Special rules—(A) Treatment of consisting of designated Roth provides for a cash or deferred election periods without default elective contributions is not included in an and which specifies that, in the absence contributions. For purposes of employee’s gross income a second time. of a covered employee’s affirmative determining the date of the first default The portion of the withdrawal that is election, a default election applies elective contribution under the eligible treated as an investment in the contract under which the employee is treated as automatic contribution arrangement, a is determined without regard to any having elected to have default elective plan is permitted to treat an employee plan contributions other than those contributions made on his or her behalf who for an entire plan year did not have distributed as a withdrawal of default under the plan. The default election default elective contributions made elective contributions. begins to apply with respect to an under the eligible automatic (ii) No additional tax on early eligible employee no earlier than a contribution arrangement as if the distributions from qualified retirement reasonable period of time after receipt of employee had not had such plans. The withdrawal is not subject to the notice describing the automatic contributions for any prior plan year as the additional tax under section 72(t). contribution arrangement. This default well. (iii) Reporting. The amount of the election ceases to apply with respect to (B) Treatment relating to aggregation withdrawal is reported on Form 1099– an eligible employee for periods of time of arrangements. The determination of R, ‘‘Distributions From Pensions, with respect to which the employee has whether an election is made no later Annuities, Retirement or Profit-Sharing an affirmative election that is currently than 90 days after the date of the first Plans, IRAs, Insurance Contracts, etc.,’’ in effect to—

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(i) Not have any default elective § 54.4979–1 Excise tax on certain excess NATIONAL LABOR RELATIONS contributions made on his or her behalf; contributions and excess aggregate BOARD or contributions. (ii) Have contributions made in a * * * * * 29 CFR Part 102 different amount or percentage of (c) No tax when excess distributed compensation. Revisions of Regulations Concerning within 21⁄2 months after close of year or (3) Covered employee. Covered Procedures for Electronic Filing; additional employer contributions employee means an employee who is Correction covered under the automatic made—(1) General rule. No tax is imposed under this section on any AGENCY: National Labor Relations contribution arrangement, determined Board. under the terms of the plan. A plan excess contribution or excess aggregate ACTION: Final rule; correction. must provide whether an employee who contribution, as the case may be, to the extent the contribution (together with makes an affirmative election remains a SUMMARY: This document contains covered employee. If a plan provides any income allocable thereto) is corrections to the Summary and 1 that an employee who makes an corrected before the close of the first 2 ⁄2 Supplementary Information to the Final affirmative election described in months of the following plan year (6 Rule that was published in the Federal paragraph (e)(2)(i) or (e)(2)(ii) of this months in the case of a plan that Register on Friday, January 30, 2009 (74 section remains a covered employee, includes an eligible automatic FR 5618) regarding the Board’s then the employee must continue to contribution arrangement within the amendment of regulations concerning receive the notice described in meaning of section 414(w)). The the procedures for filing documents paragraph (b)(3) of this section and the extension to 6 months applies to a with the Agency electronically. plan may be eligible for the excise tax distribution of excess contributions or DATES: This correction is effective upon relief with respect to excess amounts excess aggregate contributions for a plan publication in the Federal Register, and distributed within 6 months after the year beginning on or after January 1, is applicable on January 30, 2009. end of the plan year under section 2010, only where all the eligible NHCEs FOR FURTHER INFORMATION CONTACT: 4979(f)(1). Such an employee will also and eligible HCEs (both as defined in Lester A. Heltzer, Executive Secretary, have the default election reapply if the § 1.401(k)–6 of this Chapter) are covered 202–273–1067. plan provides that the employee’s prior employees under an eligible automatic SUPPLEMENTARY INFORMATION: affirmative election no longer remains contribution arrangement within the in effect and the employee does not meaning of section 414(w) for the entire Background make a new affirmative election. plan year (or the portion of the plan year (4) Default elective contributions. The Final Rule that is the subject of that the eligible NHCEs and eligible Default elective contributions means the this document applies to Section contributions that are made at a HCEs are eligible employees under the 102.114 of the Agency’s Rules and specified level or amount under an plan)). Qualified nonelective Regulations. automatic contribution arrangement in contributions and qualified matching Need for Correction the absence of a covered employee’s contributions taken into account under As published, the SUMMARY and affirmative election that are— § 1.401(k)–2(a)(6) of this Chapter or SUPPLEMENTARY INFORMATION to the Final (i) Contributions described in section qualified nonelective contributions or Rule contains errors that may prove to 402(g)(3); or elective contributions taken into be misleading and are in need of (ii) Contributions made to an eligible account under § 1.401(m)–2(a)(6) of this clarification. governmental plan within the meaning Chapter for a plan year may permit a of § 1.457–2(f) that would be elective plan to avoid excess contributions or Correction of Publication contributions if they were made under excess aggregate contributions, Accordingly, the publication of the a qualified plan. respectively, even if made after the close Final Rule, which was the subject of FR (f) Effective/applicability date—(1) of the 21⁄2 month (or 6 month) period for Doc. E9–1832, is corrected as follows: Statutory effective date. Section 414(w) distributing excess contributions or 1. On page 5619, column 1, in the applies to plan years beginning on or excess aggregate contributions without Summary, the first paragraph of the after January 1, 2008. the excise tax. See § 1.401(k)–2(b)(1)(i) column, last sentence in the paragraph (2) Regulatory effective date. This and (5)(i) of this Chapter for methods to the language ‘‘If electronic service is not section applies to plan years beginning avoid excess contributions, and possible, the other party shall be on or after January 1, 2010. For plan § 1.401(m)–2(b)(1)(i) of the Chapter for notified by telephone of the substance of years that begin in 2008, a plan must methods to avoid excess aggregate the transmitted document and a copy of operate in accordance with a good faith contributions. the document shall be served interpretation of section 414(w). For this * * * * * personally, or by registered mail, purpose, a plan that operates in certified mail, regular mail, or private accordance with this section will be Linda E. Stiff, delivery service, or, with the consent of treated as operating in accordance with the other party, by facsimile a good faith interpretation of section Deputy Commissioner for Services and Enforcement, transmission.’’ is corrected to read ‘‘If 414(w). Approved: January 16, 2009. service by e-mail is not possible, the e- PART 54—PENSION EXCISE TAXES Eric Solomon, filing party must call the other party to notify them of the substance of the e- Assistant Secretary of the Treasury (Tax ■ filed document and then serve a copy of Par. 14. The authority citation for part Policy). 54 continues to read in part as follows: the document, no later than the next [FR Doc. E9–3716 Filed 2–23–09; 8:45 am] day, by personal service, by overnight Authority: 26 U.S.C. 7805 * * * BILLING CODE 4830–01–P delivery service, or, with permission of ■ Par. 15. Section 54.4979–1, paragraph the party receiving the document, by (c)(1) is revised to read as follows: facsimile transmission.’’

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2. On page 5619, column 2, in the Crime Records Center moved to Fort the rule change will not have a Supplementary Information, second Belvoir in May 1995. substantial effect on the States, on the paragraph of the column, fifth to relationship between the national B. Regulatory Flexibility Act eleventh lines of the paragraph, the government and the States, or on the language ‘‘the Board has now decided to The Department of the Army has distribution of power and allow parties to serve documents upon determined that the Regulatory responsibilities among the various each other electronically, using e-mail, Flexibility Act does not apply because levels of government. and to eliminate the expedited service the rule change does not have a Phillip J. McGuire, requirements that have proven to be an significant economic impact on a unnecessary burden.’’ is corrected to substantial number of small entities Director, U.S. Army Crime Records Center. read ‘‘the Board will now require that within the meaning of the Regulatory List of Subjects in 32 CFR Part 633 service of e-filed documents on other Flexibility Act, 5 U.S.C. 601–612. Freedom of information, parties to a proceeding be effectuated by C. Unfunded Mandates Reform Act Investigation, Privacy. e-mail whenever possible.’’ ■ 3. On page 5619, column 2, in the The Department of the Army has For reasons stated in the preamble 32 Supplementary Information, second determined that the Unfunded CFR part 633 is amended as follows: Mandates Reform Act does not apply paragraph of the column, third and PART 633—INDIVIDUAL REQUESTS fourth lines from the bottom of the because the rule change does not include a mandate that may result in FOR ACCESS OR AMENDMENT OF paragraph, the language ‘‘followed by CID REPORTS OF INVESTIGATION service by traditional means,’’ is estimated costs to State, local or tribal corrected to read ‘‘followed by governments in the aggregate, or the ■ 1. The authority citation for part 633 expedited service,’’. private sector, of $100 million or more. continues to read as follows: Dated: February 19, 2009. D. National Environmental Policy Act Authority: Sec. 3012, 70A Stat. 157; 10 U.S.C. 3012. Lester A. Heltzer, The Department of the Army has Executive Secretary. determined that the National ■ 2. Section 633.13 is revised to read as [FR Doc. E9–3892 Filed 2–23–09; 8:45 am] Environmental Policy Act does not follows: BILLING CODE 7545–01–P apply because the rule change does not have an adverse impact on the § 633.13 Submission of requests. environment. Requests for access to, or amendment of, USACIDC investigative reports will DEPARTMENT OF DEFENSE E. Paperwork Reduction Act be forwarded to the Director, U.S. Army Department of the Army The Department of the Army has Crime Records Center (CICR–FP), 6010 determined that the Paperwork 6th Street, Fort Belvoir, VA 22060–5585. 32 CFR Part 633 Reduction Act does not apply because [FR Doc. E9–3883 Filed 2–23–09; 8:45 am] the rule change does not involve BILLING CODE 3710–08–P RIN 0702–AA61 collection of information from the public. [Docket No. USA–2009–0004] F. Executive Order 12630 (Government DEPARTMENT OF COMMERCE Individual Requests for Access or Actions and Interference With Amendment of CID Reports of Constitutionally Protected Property National Oceanic and Atmospheric Investigation Rights) Administration AGENCY: Department of the Army, DoD. The Department of the Army has 50 CFR Part 679 ACTION: Final rule. determined that Executive Order 12630 does not apply because the rule change [Docket No. 0910091344–9056–02] SUMMARY: The Department of the Army does not impair private property rights. RIN 0648–XN42 is amending its rule on Individual G. Executive Order 12866 (Regulatory Requests for Access or Amendment of Fisheries of the Exclusive Economic Planning and Review) CID Reports of Investigation to correct Zone Off Alaska; Pollock in Statistical the mailing address. The address for The Department of the Army has Area 610 of the Gulf of Alaska submitting requests for access to, or determined that according to the criteria amendment of, USACIDC investigative defined in Executive Order 12866 this AGENCY: National Marine Fisheries reports has changed. rule change is not a significant Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), DATES: Effective Date: This rule is regulatory action. Commerce. effective February 24, 2009. H. Executive Order 13045 (Protection of ACTION: Temporary rule; modification of FOR FURTHER INFORMATION CONTACT: Children From Environmental Health a closure. SGM David K. Schumann, 703–806– Risk and Safety Risks) 0272, e-mail: The Department of the Army has SUMMARY: NMFS is reopening directed [email protected]. determined that according to the criteria fishing for pollock in Statistical Area SUPPLEMENTARY INFORMATION: defined in Executive Order 13045 that 610 of the Gulf of Alaska (GOA). This Executive Order does not apply. action is necessary to fully use the A A. Background season allowance of the 2009 total In the July 27, 1979, issue of the I. Executive Order 13132 (Federalism) allowable catch (TAC) of pollock Federal Register (44 FR 44156), the The Department of the Army has specified for Statistical Area 610 of the Department of the Army issued a final determined that according to the criteria GOA. rule. This final rule corrects the mailing defined in Executive Order 13132 that DATES: Effective 1200 hrs, Alaska local address for USACIDC. The U.S. Army Executive Order does not apply because time (A.l.t.), March 1, 2009, through

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1200 hrs, A.l.t., March 10, 2009. pollock in Statistical Area 610, NMFS is DEPARTMENT OF COMMERCE Comments must be received at the terminating the previous closure and is following address no later than 4:30 reopening directed fishing for pollock in National Oceanic and Atmospheric p.m., A.l.t., March 6, 2009. Statistical Area 610 of the GOA. Administration ADDRESSES: Send comments to Sue Salveson, Assistant Regional Classification 50 CFR Part 679 Administrator, Sustainable Fisheries This action responds to the best [Docket No. 0810141351–9087–02] Division, Alaska Region, NMFS, Attn: available information recently obtained RIN 0648–XN38 Ellen Sebastian. You may submit from the fishery. The Assistant comments, identified by ‘‘RIN 0648– Administrator for Fisheries, NOAA, Fisheries of the Exclusive Economic XN42,’’ by any one of the following (AA) finds good cause to waive the Zone Off Alaska; Atka Mackerel in the methods: requirement to provide prior notice and Bering Sea and Aleutian Islands • Electronic Submissions: Submit all Management Area electronic public comments via the opportunity for public comment pursuant to the authority set forth at 5 Federal eRulemaking Portal website at AGENCY: National Marine Fisheries http://www.regulations.gov. U.S.C. 553(b)(B) as such a requirement Service (NMFS), National Oceanic and • Mail: P. O. Box 21668, Juneau, AK is impracticable and contrary to the Atmospheric Administration (NOAA), 99802. public interest. This requirement is Commerce. • Fax: (907) 586–7557. impracticable and contrary to the public • ACTION: Temporary rule; closures and Hand delivery to the Federal interest as it would prevent NMFS from openings. Building: 709 West 9th Street, Room responding to the most recent fisheries 420A, Juneau, AK. data in a timely fashion and would SUMMARY: NMFS is announcing the All comments received are a part of delay the opening of pollock in opening and closing dates of the Atka the public record and will generally be Statistical Area 610 of the GOA. NMFS mackerel directed fisheries within the posted to http://www.regulations.gov was unable to publish a notice harvest limit area (HLA) in Statistical without change. All Personal Identifying providing time for public comment Area 542. This action is necessary to Information (e.g., name, address) because the most recent, relevant data fully use the 2009 A season HLA limits voluntarily submitted by the commenter only became available as of February 13, of Atka mackerel in Statistical Area 542 may be publicly accessible. Do not 2009. The AA also finds good cause to of the Bering Sea and Aleutian Islands. submit Confidential Business waive the 30-day delay in the effective DATES: The effective dates are provided Information or otherwise sensitive or date of this action under 5 U.S.C. in Table 1 under the SUPPLEMENTARY protected information. 553(d)(3). This finding is based upon INFORMATION section of this temporary NMFS will accept anonymous action. Comments must be received at comments. Enter ‘‘N/A’’ in the required the reasons provided above for waiver of prior notice and opportunity for public the following address no later than 4:30 fields, if you wish to remain p.m., A.l.t., March 6, 2009. anonymous. Attachments to electronic comment. ADDRESSES: Send comments to Sue comments will be accepted in Microsoft Without this inseason adjustment, Salveson, Assistant Regional Word, Excel, WordPerfect, or Adobe NMFS could not allow the TAC of Administrator, Sustainable Fisheries portable document file (pdf) formats pollock in Statistical Area 610 of the only. Division, Alaska Region, NMFS, Attn: GOA to be harvested in an expedient Ellen Sebastian. You may submit FOR FURTHER INFORMATION CONTACT: Josh manner and in accordance with the comments, identified by RIN 0648– Keaton, 907–586–7228. regulatory schedule. Under XN38, by any one of the following SUPPLEMENTARY INFORMATION: NMFS § 679.25(c)(2), interested persons are methods: manages the groundfish fishery in the invited to submit written comments on • Electronic Submissions: Submit all GOA exclusive economic zone this action to the above address until electronic public comments via the according to the Fishery Management March 6, 2009. Federal eRulemaking Portal website at Plan for Groundfish of the Gulf of This action is required by § 679.20 http://www.regulations.gov. • Alaska (FMP) prepared by the North and § 679.25 and is exempt from review Mail: P. O. Box 21668, Juneau, AK Pacific Fishery Management Council under Executive Order 12866. 99802. under authority of the Magnuson– • Fax: (907) 586–7557. Stevens Fishery Conservation and Authority: 16 U.S.C. 1801 et seq. • Hand delivery to the Federal Management Act. Regulations governing Dated: February 17, 2009. Building: 709 West 9th Street, Room fishing by U.S. vessels in accordance Emily H. Menashes, 420A, Juneau, AK. All comments received are a part of with the FMP appear at subpart H of 50 Acting Director, Office of Sustainable CFR part 600 and 50 CFR part 679. Fisheries, National Marine Fisheries Service. the public record and will generally be NMFS closed the directed fishery for posted to http://www.regulations.gov [FR Doc. E9–3919 Filed 2–19–09; 4:15 pm] pollock in Statistical Area 610 of the without change. All Personal Identifying GOA under § 679.20(d)(1)(iii) on BILLING CODE 3510–22–S Information (e.g., name, address) January 22, 2009 (74 FR 5625, January voluntarily submitted by the commenter 30, 2009). may be publicly accessible. Do not NMFS has determined that submit Confidential Business approximately 3,105 mt of pollock Information or otherwise sensitive or remain in the directed fishing allowance protected information. in Statistical Area 610 of the GOA. NMFS will accept anonymous Therefore, in accordance with comments. Enter ‘‘N/A’’ in the required § 679.25(a)(1)(i), (a)(2)(i)(C) and fields, if you wish to remain (a)(2)(iii)(D), and to fully utilize the A anonymous. Attachments to electronic season allowance of the 2009 TAC of comments will be accepted in Microsoft

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Word, Excel, WordPerfect, or Adobe February 17, 2009), and with § 679.25(a)(1)(i), (a)(2)(i)(C) and portable document file (pdf) formats § 679.20(a)(8)(ii)(C)(1), the HLA limits of (a)(2)(iii)(D), and to fully utilize the A only. the A season allowance of the 2009 TAC season HLA limits of Atka mackerel in FOR FURTHER INFORMATION CONTACT: Josh in area 542 is 5,039 metric tons (mt) for area 542, NMFS is terminating the Keaton, 907–586–7228. vessels participating in the Amendment previous closures and is opening 80 limited access fishery and 3,314 mt directed fishing for Atka mackerel in the SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the for Amendment 80 cooperative. HLA of area 542 in accordance with the BSAI exclusive economic zone NMFS previously announced the periods listed under Table 1 of this according to the Fishery Management opening and closing dates of the first notice. Plan for Groundfish of the Bering Sea and second directed fisheries within the In accordance with and Aleutian Islands Management Area HLA in Statistical Areas 542 and 543 § 679.20(a)(8)(iii)(E), the Regional (FMP) prepared by the North Pacific (74 FR 5625, January 30, 2009). NMFS Administrator has established the Fishery Management Council under has determined that approximately closure dates of the Atka mackerel authority of the Magnuson–Stevens 1,930 mt of Atka mackerel remain in the directed fisheries in the HLA for area Fishery Conservation and Management A season HLA limit in area 542 for 542 based on the amount of the harvest Act. Regulations governing fishing by vessels participating in the Amendment limit and the estimated fishing capacity U.S. vessels in accordance with the FMP 80 limited access fishery. NMFS has of the vessels assigned to the respective appear at subpart H of 50 CFR part 600 also determined that approximately fisheries. Consequently, NMFS is and 50 CFR part 679. 2,367 mt of Atka mackerel remain in the prohibiting directed fishing for Atka In accordance with the final 2009 and A season HLA limit in area 542 for mackerel in the HLA of area 542 in 2010 harvest specifications for vessels participating in the Amendment accordance with the dates and times groundfish in the BSAI (74 FR 7359, 80 cooperative. Therefore, in accordance listed in Table 1 of this notice.

TABLE 1. EFFECTIVE DATES AND TIMES

Effective Date1 Action Area From To

Opening the directed fishery in the 542 1200 hrs, February 18, 2009 1200 hrs, February 27, 2009 HLA for the Amendment 80 lim- ited access vessels authorized to participate in the second HLA fish- ery in Area 542

Opening the directed fishery in the 542 1200 hrs, February 18, 2009 1200 hrs, February 27, 2009 HLA for the Amendment 80 coop- erative vessel authorized to par- ticipate in the second HLA fishery in Area 542 1Alaska local time

After the effective dates of these public interest. This requirement is § 679.25(c)(2), interested persons are closures, the maximum retainable impracticable and contrary to the public invited to submit written comments on amounts at § 679.20(e) and (f) apply at interest as it would prevent NMFS from this action to the above address until any time during a trip. responding to the most recent fisheries March 6, 2009. data in a timely fashion and would Classification This action is required by § 679.20 delay the the opening and closing of the and is exempt from review under This action responds to the best fisheries for the HLA limits established Executive Order 12866. available information recently obtained for area 542 pursuant to the 2009 Atka from the fishery. The Assistant mackerel TAC. NMFS was unable to Authority: 16 U.S.C. 1801 et seq. Administrator for Fisheries, NOAA, publish a notice providing time for Dated: February 19, 2009. (AA) finds good cause to waive the public comment because the most James P. Burgess, requirement to provide prior notice and recent, relevant data only became Acting Director, Office of Sustainable opportunity for public comment available as of January 14, 2009. The AA Fisheries, National Marine Fisheries Service. pursuant to the authority set forth at 5 also finds good cause to waive the 30- [FR Doc. E9–3920 Filed 2–19–09; 4:15 pm] U.S.C. 553(b)(B) as such a requirement day delay in the effective date of this BILLING CODE 3510–22–S is impracticable and contrary to the action under 5 U.S.C. 553(d)(3). Under

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Proposed Rules Federal Register Vol. 74, No. 35

Tuesday, February 24, 2009

This section of the FEDERAL REGISTER Aviation Administration, Southwest The Proposal contains notices to the public of the proposed Region, 2601 Meacham Blvd., Fort This action proposes to amend Title issuance of rules and regulations. The Worth, TX 76193–0530; telephone: (817) 14, Code of Federal Regulations (14 purpose of these notices is to give interested 321–7716. persons an opportunity to participate in the CFR), Part 71 by adding additional Class rule making prior to the adoption of the final SUPPLEMENTARY INFORMATION: E airspace for SIAPs operations at Elton rules. Hensley Memorial Airport, Fulton, MO, Comments Invited and adjusting the geographic Interested parties are invited to coordinates of the airport. The area DEPARTMENT OF TRANSPORTATION participate in this proposed rulemaking would be depicted on appropriate aeronautical charts. Federal Aviation Administration by submitting such written data, views, or arguments, as they may desire. Class E airspace areas are published in Paragraph 6005 of FAA Order 14 CFR Part 71 Comments that provide the factual basis supporting the views and suggestions 7400.9S, dated October 3, 2008, and [Docket No. FAA–2008–1230; Airspace presented are particularly helpful in effective October 31, 2008, which is Docket No. 08–ACE–1] developing reasoned regulatory incorporated by reference in 14 CFR decisions on the proposal. Comments 71.1. The Class E airspace designation Proposed Amendment of Class E are specifically invited on the overall listed in this document would be Airspace; Fulton, MO regulatory, aeronautical, economic, published subsequently in the Order. The FAA has determined that this AGENCY: Federal Aviation environmental, and energy-related proposed regulation only involves an Administration (FAA), DOT. aspects of the proposal. established body of technical ACTION: Notice of proposed rulemaking. Communications should identify both docket numbers and be submitted in regulations for which frequent and SUMMARY: This action proposes to triplicate to the address listed above. routine amendments are necessary to amend Class E airspace at Fulton, MO. Commenters wishing the FAA to keep them operationally current. It, Additional controlled airspace is acknowledge receipt of their comments therefore, (1) is not a ‘‘significant necessary to accommodate new on this notice must submit with those regulatory action’’ under Executive Standard Instrument Approach comments a self-addressed, stamped Order 12866; (2) is not a ‘‘significant Procedures (SIAPs) at Elton Hensley postcard on which the following rule’’ under DOT Regulatory Policies Memorial Airport, Fulton, MO. This statement is made: ‘‘Comments to and Procedures (44 FR 11034; February action also would adjust the geographic Docket No. FAA–2008–1230/Airspace 26, 1979); and (3) does not warrant coordinates of Elton Hensley Memorial Docket No. 08–ACE–1.’’ The postcard preparation of a Regulatory Evaluation Airport. The FAA is taking this action will be date/time stamped and returned as the anticipated impact is so minimal. to enhance the safety and management to the commenter. Since this is a routine matter that will of Instrument Flight Rules (IFR) aircraft only affect air traffic procedures and air operations at Elton Hensley Memorial Availability of NPRMs navigation, it is certified that this rule, Airport. when promulgated, will not have a An electronic copy of this document significant economic impact on a DATES: 0901 UTC. Comments must be may be downloaded through the substantial number of small entities received on or before April 10, 2009. Internet at http://www.regulations.gov. under the criteria of the Regulatory ADDRESSES: Send comments on this Recently published rulemaking Flexibility Act. The FAA’s authority to proposal to the U.S. Department of documents can also be accessed through issue rules regarding aviation safety is Transportation, Docket Operations, 1200 the FAA’s web page at http:// _ found in Title 49 of the U.S. Code. New Jersey Avenue, SE., West Building www.faa.gov/airports airtraffic/ Subtitle 1, Section 106 describes the Ground Floor, Room W12–140, air_traffic/publications/ _ authority of the FAA Administrator. Washington, DC 20590–0001. You must airspace amendments/. Subtitle VII, Aviation Programs, identify the docket number FAA–2008– Additionally, any person may obtain describes in more detail the scope of the 1230/Airspace Docket No. 08–ACE–1, at a copy of this notice by submitting a agency’s authority. This rulemaking is the beginning of your comments. You request to the Federal Aviation promulgated under the authority may also submit comments on the Administration (FAA), Office of Air described in Subtitle VII, Part A, Internet at http://www.regulations.gov. Traffic Airspace Management, ATA– Subpart I, Section 40103. Under that You may review the public docket 400, 800 Independence Avenue, SW., section, the FAA is charged with containing the proposal, any comments Washington, DC 20591, or by calling prescribing regulations to assign the use received, and any final disposition in (202) 267–8783. Communications must of airspace necessary to ensure the person in the Dockets Office between 9 identify both docket numbers for this safety of aircraft and the efficient use of a.m. and 5 p.m., Monday through notice. Persons interested in being airspace. This regulation is within the Friday, except Federal holidays. The placed on a mailing list for future scope of that authority as it would add Docket Office (telephone 1–800–647– NPRMs should contact the FAA’s Office additional controlled airspace at Elton 5527), is on the ground floor of the of Rulemaking (202) 267–9677, to Hensley Memorial Airport, Fulton, MO. building at the above address. request a copy of Advisory Circular No. FOR FURTHER INFORMATION CONTACT: 11–2A, Notice of Proposed Rulemaking List of Subjects in 14 CFR Part 71 Scott Enander, Central Service Center, Distribution System, which describes Airspace, Incorporation by reference, Operations Support Group, Federal the application procedure. Navigation (Air).

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The Proposed Amendment SUMMARY: This action proposes to will be date/time stamped and returned In consideration of the foregoing, the amend Class E airspace at Coleman, TX. to the commenter. Controlled airspace is necessary to Federal Aviation Administration Availability of NPRMs proposes to amend 14 CFR Part 71 as accommodate Standard Instrument An electronic copy of this document follows: Approach Procedures (SIAPs) at Coleman Municipal Airport, Coleman, may be downloaded through the PART 71—DESIGNATION OF CLASS A, TX. The FAA is taking this action to Internet at http://www.regulations.gov. B, C, D, AND E AIRSPACE AREAS; enhance the safety and management of Recently published rulemaking AIRWAYS; ROUTES; AND REPORTING Instrument Flight Rules (IFR) aircraft documents can also be accessed through POINTS operations at Coleman Municipal the FAA’s Web page at http:// _ Airport. www.faa.gov/airports airtraffic/ 1. The authority citation for Part 71 air_traffic/publications/ continues to read as follows: DATE: 0901 UTC. Comments must be airspace_amendments/. Authority: 49 U.S.C. 106(g); 40103, 40113, received on or before April 10, 2009. Additionally, any person may obtain 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– ADDRESSES: Send comments on this a copy of this notice by submitting a 1963 Comp., p. 389. proposal to the U.S. Department of request to the Federal Aviation Administration (FAA), Office of Air § 71.1 [Amended] Transportation, Docket Operations, 1200 New Jersey Avenue, SE., West Building Traffic Airspace Management, ATA– 2. The incorporation by reference in Ground Floor, Room W12–140, 400, 800 Independence Avenue, SW., 14 CFR 71.1 of Federal Aviation Washington, DC 20590–0001. You must Washington, DC 20591, or by calling Administration Order 7400.9S, Airspace identify the docket number FAA–2008– (202) 267–8783. Communications must Designations and Reporting Points, 1139/Airspace Docket No. 08–ASW–23, identify both docket numbers for this dated October 3, 2008, and effective at the beginning of your comments. You notice. Persons interested in being October 31, 2008, is amended as may also submit comments on the placed on a mailing list for future follows: Internet at http://www.regulations.gov. NPRMs should contact the FAA’s Office Paragraph 6005 Class E Airspace areas You may review the public docket of Rulemaking (202) 267–9677, to extending upward from 700 feet or more containing the proposal, any comments request a copy of Advisory Circular No. above the surface of the earth. received, and any final disposition in 11–2A, Notice of Proposed Rulemaking * * * * * person in the Dockets Office between 9 Distribution System, which describes ACE MO E5 Fulton, MO [Amended] a.m. and 5 p.m., Monday through the application procedure. Friday, except Federal holidays. The Fulton, Elton Hensley Memorial Airport, MO The Proposal (Lat. 38°50′17″ N., long. 92°00′09″ W.) Docket Office (telephone 1–800–647– 5527), is on the ground floor of the This action proposes to amend Title Guthrie NDB (FTT) 14, Code of Federal Regulations (14 (Lat. 38°50′34″ N., long. 92°00′17″ W.) building at the above address. CFR), Part 71 by amending Class E That airspace extending upward from 700 FOR FURTHER INFORMATION CONTACT: feet above the surface within a 6.5-mile airspace at Coleman Municipal Airport, Scott Enander, Central Service Center, Coleman, TX. The Coleman RBN has radius of Elton Hensley Memorial Airport Operations Support Group, Federal and within 2.6 miles each side of the 069° been removed making it necessary to bearing from the Guthrie NDB extending Aviation Administration, Southwest realign controlled airspace for existing from the 6.5-mile radius of the airport to 7 Region, 2601 Meacham Blvd., Fort SIAPs operations at the airport. The area miles northeast of the NDB, and within 2.6 Worth, TX 76193–0530; telephone: (817) would be depicted on appropriate ° miles each side of the 229 bearing from the 321–7716. aeronautical charts. NDB extending from the 6.5-mile radius of SUPPLEMENTARY INFORMATION: Class E airspace areas are published the airport to 7 miles southwest of the NDB. in Paragraph 6005 of FAA Order Comments Invited * * * * * 7400.9S, dated October 3, 2008, and Issued in Fort Worth, TX on February 12, Interested parties are invited to effective October 31, 2008, which is 2009. participate in this proposed rulemaking incorporated by reference in 14 CFR Roger M. Trevino, by submitting such written data, views, 71.1. The Class E airspace designation Acting Manager, Operations Support Group, or arguments, as they may desire. listed in this document would be ATO Central Service Center. Comments that provide the factual basis published subsequently in the Order. [FR Doc. E9–3819 Filed 2–23–09; 8:45 am] supporting the views and suggestions The FAA has determined that this BILLING CODE 4910–13–P presented are particularly helpful in proposed regulation only involves an developing reasoned regulatory established body of technical decisions on the proposal. Comments regulations for which frequent and DEPARTMENT OF TRANSPORTATION are specifically invited on the overall routine amendments are necessary to regulatory, aeronautical, economic, keep them operationally current. It, Federal Aviation Administration environmental, and energy-related therefore, (1) Is not a ‘‘significant aspects of the proposal. regulatory action’’ under Executive 14 CFR Part 71 Communications should identify both Order 12866; (2) is not a ‘‘significant [Docket No. FAA–2008–1139; Airspace docket numbers and be submitted in rule’’ under DOT Regulatory Policies Docket No. 08–ASW–23] triplicate to the address listed above. and Procedures (44 FR 11034; February Commenters wishing the FAA to 26, 1979); and (3) does not warrant Proposed Amendment of Class E acknowledge receipt of their comments preparation of a Regulatory Evaluation Airspace; Coleman, TX on this notice must submit with those as the anticipated impact is so minimal. AGENCY: Federal Aviation comments a self-addressed, stamped Since this is a routine matter that will Administration (FAA), DOT. postcard on which the following only affect air traffic procedures and air statement is made: ‘‘Comments to navigation, it is certified that this rule, ACTION: Notice of proposed rulemaking Docket No. FAA–2008–1139/Airspace when promulgated, will not have a (NPRM). Docket No. 08–ASW–23.’’ The postcard significant economic impact on a

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substantial number of small entities Issued in Fort Worth, TX on February 12, Follow the instructions for submitting under the criteria of the Regulatory 2009. comments. Flexibility Act. The FAA’s authority to Roger M. Trevino, • E-mail: [email protected]. Include issue rules regarding aviation safety is Acting Manager, Operations Support Group, ‘‘Commodity Pool Operator Periodic found in Title 49 of the U.S. Code. ATO Central Service Center. and Annual Reports’’ in the subject line Subtitle 1, Section 106 describes the [FR Doc. E9–3815 Filed 2–23–09; 8:45 am] of the message. • authority of the FAA Administrator. BILLING CODE 4910–13–P Fax: (202) 418–5521. • Subtitle VII, Aviation Programs, Mail: Send to David Stawick, describes in more detail the scope of the Secretary, Commodity Futures Trading agency’s authority. This rulemaking is COMMODITY FUTURES TRADING Commission, 1155 21st Street, NW., Washington, DC 20581. promulgated under the authority COMMISSION • Courier: Same as Mail above. described in Subtitle VII, Part A, 17 CFR Part 4 All comments received will be posted Subpart I, Section 40103. Under that without change to http://www.cftc.gov, section, the FAA is charged with RIN 3038–AC38 including any personal information prescribing regulations to assign the use provided. of airspace necessary to ensure the Commodity Pool Operator Periodic safety of aircraft and the efficient use of Account Statements and Annual FOR FURTHER INFORMATION CONTACT: Financial Reports airspace. This regulation is within the Eileen R. Chotiner, Futures Trading Specialist, at (202) 418–5467, Division scope of that authority as it would add AGENCY: Commodity Futures Trading of Clearing and Intermediary Oversight, additional controlled airspace at Commission. Commodity Futures Trading Coleman Municipal Airport, Coleman, ACTION: Proposed rules. Commission, Three Lafayette Centre, TX. 1155 21st Street, NW., Washington, DC SUMMARY: The Commodity Futures 20581. Electronic mail: List of Subjects in 14 CFR Part 71 Trading Commission (‘‘Commission’’ or [email protected]. Airspace, Incorporation by reference, ‘‘CFTC’’) is proposing to amend its SUPPLEMENTARY INFORMATION: Navigation (Air). regulations governing the periodic account statements that commodity pool I. Background The Proposed Amendment operators (‘‘CPOs’’) are required to provide to commodity pool participants Commission Regulation 4.22(a) 1 In consideration of the foregoing, the and the annual financial reports that requires a registered CPO to distribute Federal Aviation Administration CPOs are required to provide to an account statement to each participant proposes to amend 14 CFR Part 71 as commodity pool participants and file in each commodity pool that it operates follows: with the National Futures Association within 30 days of the end of the (‘‘NFA’’). The proposed amendments reporting period.2 Regulation 4.22(c) PART 71—DESIGNATION OF CLASS A, would: Specify detailed information requires a CPO to file with NFA, and to B, C, D, AND E AIRSPACE AREAS; that must be included in the periodic provide to each participant, an annual AIRWAYS; ROUTES; AND REPORTING account statements and annual reports financial report, audited by an POINTS for commodity pools with more than independent public accountant, for each one series or class of ownership interest; commodity pool that it operates within 1. The authority citation for Part 71 clarify that the periodic account 90 days of the end of the pool’s fiscal continues to read as follows: statements must disclose either the net year or the permanent cessation of the 3 Authority: 49 U.S.C. 106(g); 40103, 40113, asset value per outstanding pool’s trading. 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– participation unit in the pool, or the CPOs operating pools offered solely to 1963 Comp., p. 389. total value of a participant’s interest or qualified eligible persons (‘‘QEPs’’) share in the pool; extend the time pursuant to Regulation 4.7 may claim § 71.1 [Amended] period for filing and distributing annual relief from certain reporting requirements.4 In this regard, a CPO that 2. The incorporation by reference in reports of commodity pools that invest has claimed an exemption from certain 14 CFR 71.1 of Federal Aviation in other funds; codify existing Commission staff interpretations regulatory requirements pursuant to Administration Order 7400.9S, Airspace Regulation 4.7 must distribute periodic Designations and Reporting Points, regarding the proper accounting treatment and financial statement account statements to each participant dated October 3, 2008, and effective presentation of certain income and of an exempt pool at least quarterly, and October 31, 2008, is amended as expense items in the periodic account also must file with NFA and distribute follows: statements and annual reports; to participants in the exempt pool an Paragraph 6005 Class E Airspace areas streamline annual reporting annual report within 90 days of the end extending upward from 700 feet or more requirements for pools ceasing above the surface of the earth. operation; and clarify and update 1 The regulations of the Commission cited in this release may be found at 17 CFR Ch. I (2008). * * * * * several other requirements for periodic 2 Pursuant to Regulation 4.22(b), account and annual reports prepared and statements must be provided monthly for pools ASW TX E5 Coleman, TX [Amended] distributed by CPOs. with net asset values greater than $500,000 at the Coleman Municipal Airport, TX DATES: Comments must be received on beginning of the pool’s fiscal year; otherwise, (Lat. 31°50′32″ N., long. 99°24′14″ W.) account statements may be provided quarterly. or before March 26, 2009. 3 NFA is a registered futures association pursuant That airspace extending upward from 700 ADDRESSES: You may submit comments, to Section 17 of the Commodity Exchange Act feet above the surface within an 8-mile radius identified by RIN 3038–AC38 by any of (‘‘Act’’), 7 U.S.C. 21. 4 of Coleman Municipal Airport. the following methods: Regulation 4.7(a) defines ‘‘qualified eligible • person’’ to include participants that meet certain * * * * * Federal eRulemaking Portal: http:// eligibility criteria regarding their net worth, income, www.regulations.gov/search/index.jsp. and investments.

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of the pool’s fiscal year or the series or classes may exist due to funds (referred to as a ‘‘fund of funds’’) permanent cessation of the pool’s differences in fees and expenses, to claim up to an additional 60 days to trading. Annual reports for Regulation currency denomination, trading, cash distribute the pool’s annual report to 4.7 exempt pools are not required to be management strategies, and other pool participants and to file a copy with audited by an independent public aspects of the operation of the pool. NFA. CPOs may claim the Regulation accountant.5 GAAP provides guidance regarding 4.22(f)(2) fund of funds 60-day the presentation of financial statements extension by filing with NFA an initial II. Proposed Changes to Periodic for series funds 6 and for investment notice, containing specified Account Statements and Annual funds with multiple ownership classes,7 representations, in advance of the Financial Reports and pool financial statements prepared annual report’s due date for the first A. Periodic Account Statements for pursuant to both Regulation 4.22(c) and year the extension is claimed. In Regulation 4.7—Exempt Pools Regulation 4.7(b)(3) must be in subsequent years, the CPO may confirm accordance with GAAP. Commission that the circumstances necessitating the Regulation 4.7(b)(2) requires the CPO staff has received many questions from relief continue to apply by restating of a Regulation 4.7-exempt commodity CPOs, their attorneys and accountants, certain representations in a statement pool to provide each participant in the and NFA regarding the proper filed at the same time as the pool’s pool with an account statement that presentation of periodic account annual report. must indicate: (1) The net asset value of statements and annual financial reports Regulation 4.22(f)(2) currently is the exempt pool as of the end of the for series funds and multi-class pools. applicable only to CPOs that distribute reporting period; (2) the change in net Therefore, the Commission is proposing annual reports that are audited by asset value of the exempt pool from the to amend Regulations 4.7(b)(2) and independent public accountants. CPOs end of the previous reporting period; 4.22(a) to specify that, for series funds of commodity pools that are permitted and (3) the net asset value per structured with a limitation on liability to distribute unaudited annual financial outstanding unit of participation in the among the different series, the periodic reports to participants pursuant to exempt pool as of the end of the account statement may include only the Regulation 4.7(b)(3) may request from reporting period. The account statement information for the series being NFA up to a 90-day extension of the must be prepared in accordance with reported, although additional filing deadline under Regulation generally accepted accounting information on other series may be 4.22(f)(1). principles (‘‘GAAP’’), signed and provided; however, for other series In adopting Regulation 4.22(f)(2), the affirmed by the CPO, and distributed to funds and for multi-class funds, net Commission anticipated, based upon its pool participants no less frequently than asset value and other information experience, that a substantial majority of quarterly within 30 calendar days of the required by the regulations must be the CPOs of funds of funds would be end of the reporting period. presented for both the pool as a whole able to distribute to the participants and The Commission is proposing to as well as for each series or class of to file with NFA the pools’ annual amend Regulation 4.7(b)(2) to clarify ownership interest. reports within 150 days of the end of the that the periodic account statement The Commission also is proposing to respective commodity pool’s fiscal provided to each pool participant must amend Regulations 4.7(b)(3) and 4.22(c) year.8 The Commission further noted disclose either the net asset value per to clarify that, for series funds that CPOs that could not meet the 150- outstanding participation unit, or the structured with a limitation on liability day filing timeframe under Regulation total value of the participant’s interest among the different series, the annual 4.22(f)(2) could continue to request an or share, in the commodity pool as of report may include only the information extension of time to distribute and to the end of the reporting period. The for the series being reported. For both file the pools’ annual reports pursuant proposal is intended to ensure that pool periodic account statements and annual to Regulation 4.22(f)(1).9 participants receive sufficient financial reports, CPOs of series funds In recent years, however, the number information to determine the value of with a limitation on liability among the of CPOs that have requested additional their investments in the commodity different series are not precluded by extensions under Regulation 4.22(f)(1) pool from the periodic account these amendments from providing after having claimed the 60-day statement. Furthermore, the proposal is financial information to participants for extension under Regulation 4.22(f)(2) consistent with the comparable other series or classes of the pool. has increased significantly. According provision of Regulation 4.22(a) for pools to data provided by NFA for pool C. Changes to Extension Provisions that are not Regulation 4.7-exempt, annual reports with a fiscal year ending Under Regulation 4.22(f) which specifies that either the net asset in 2006, CPOs claimed the 60-day fund value per outstanding participation unit Regulations 4.7(b)(3) and 4.22(c) of funds extension under Regulation or the total value of the participant’s require a CPO to provide to each 4.22(f)(2) for over 650 commodity pools. interest or share in the pool be included participant in each commodity pool that Subsequently, CPOs of approximately in an account statement. the CPO operates an annual report for 50 percent of such pools filed requests the commodity pool within 90 calendar with NFA for an additional extension of B. Series Pools and Pools With Multiple days of the end of the pool’s fiscal year. up to 30 calendar days pursuant to Classes of Ownership Interests The CPO is further required to submit Regulation 4.22(f)(1). Similarly, for A commodity pool may contain an a copy of the annual report organizational structure that includes electronically to NFA. 8 65 FR 81333 at 81334 (December 26, 2000). more than one series or class of Regulation 4.22(f)(2) permits a CPO of 9 However, the CPO of a commodity pool that a commodity pool that invests in other operated as a fund of funds and claimed an ownership interest. Different ownership automatic extension of 60 days pursuant to Regulation 4.22(f)(2) for the filing of the pool’s 5 Regulation 4.7(b)(3) permits the CPO of a 6 American Institute of Certified Public annual report would be limited to requesting no Regulation 4.7-qualifying pool to claim exemption Accountants (‘‘AICPA’’) Audit and Accounting more than an additional 30-day extension under from the specific annual report content Guide, Investment Companies paragraph 7.03. Regulation 4.22(f)(1). Thus, under Regulations requirements and annual report certification 7 AICPA Audit and Accounting Guide, 4.22(f)(1) and (2), all pool annual reports must be requirements, respectively, of Regulations 4.22(c) Investment Companies, Chapter 5, Complex Capital distributed to pool participants and filed with NFA and (d). Structures. within 180 days of the end of the pool’s fiscal year.

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pools with fiscal years ending in 2007, statements certified by independent If the proposed extension of the time CPOs claimed the 60-day filing public accountants. As previously period under Regulation 4.22(f)(2) is extension under Regulation 4.22(f)(2) for noted, a CPO operating a pool that adopted, CPOs that have claimed the over 500 commodity pools. meets the criteria of Regulation 4.7 may fund of funds extension will not need to Subsequently, CPOs of approximately claim exemption from certain annual file new notices with NFA in order to 45 percent of such pools filed requests reporting requirements, including the claim the additional 30 days to file and with NFA for an additional extension of requirement of Regulation 4.22(d) that to distribute their qualifying pools’ up to 30 calendar days under Regulation the financial statements contained in annual reports. As noted previously, 4.22(f)(1). the annual report be audited by an however, the Commission expects CPOs To address this issue, the Commission independent public accountant. to file and to distribute their pools’ is proposing to extend from 60 to 90 Regulation 4.22(f)(2) was adopted, in annual reports as soon as possible after days the maximum amount of large part, to address difficulties that the pools’ fiscal year-ends to ensure that additional time that a CPO that operates CPOs experience in obtaining timely participants obtain information that is a commodity pool that invests in other information about their pools’ as current as possible. funds may claim under Regulation investments in other funds in order for D. Streamlined Filing Procedures for 4.22(f)(2). Therefore, under the the pools’ public accountants to prepare Liquidating Pools proposal, annual financial reports for audited financial statements. Annual funds of funds may be distributed to reports that are not audited, however, Regulation 4.22(c) requires a CPO of a commodity pool that has ceased pool participants and filed with NFA a are still required to be prepared in operation to distribute a final annual maximum of 180 days from the end of accordance with GAAP. The CPOs of report to commodity pool participants a qualifying pool’s fiscal year. This unaudited funds of funds have and to file a copy with NFA within 90 amendment would eliminate the need explained that they often experience days of the pool’s permanent cessation for CPOs to file an additional request difficulties in obtaining the information of trading, but in no event longer than under Regulation 4.22(f)(1), and also necessary from investee funds to 90 days after funds are returned to pool would reduce the administrative burden complete the preparation of the pools’ participants. Due to confusion created to NFA of processing these additional financial statements by the time by the reference in Regulation 4.22(c) to requests. The Commission, however, specified in Regulation 4.22(c). In order expects CPOs to distribute pool annual two possible timeframes for filing a final to complete the financial statements of annual report, the Commission is reports to participants as soon after the the pools, the CPOs need information end of the pool’s fiscal year-end as proposing to amend this regulation to establishing the value of the pools’ specify that the final annual report must possible, notwithstanding the material investments from the investee availability of the additional be filed no later than 90 days after the funds. These investments may be in a pool ceases trading. A CPO that has not extension.10 number of investee funds, such as other The 180-day timeframe for CPOs of distributed all funds to participants by commodity pools, securities funds, or the date that the report is issued must funds of funds to prepare and to hedge funds, both domestic and distribute pool annual reports also provide information about the return of offshore. The information that the CPOs funds to pool participants, including an would be consistent with the timeframe require frequently is unavailable until within which registered investment estimate of the value of funds remaining the investee funds complete their own to be distributed and the anticipated advisers distribute annual reports to audited financial statements. Thus, in investors in funds of funds under the timeframe of when those funds are many cases, the CPOs cannot obtain the expected to be returned. When the Securities and Exchange Commission’s information they require about the (‘‘SEC’s’’) custody rule.11 Registered remaining funds are returned to investee funds in time for the annual participants, the CPO should send a investment advisers are not required to financial reports of the pools to be comply with certain provisions of the notice to all participants and to NFA. prepared and distributed by the due The Commission further SEC’s custody rule with respect to the date. Under the proposed amendment, acknowledges that the cost of preparing accounts of limited partnerships, CPOs of funds of funds for which audited financial statements, which may limited liability companies, or other unaudited annual reports are prepared reduce significantly the amount of funds pooled investment vehicles that are also would be able to claim the available to return to participants, subject to audit at least annually and for extension under Regulation 4.22(f)(2). particularly where the pool has ceased which the audited financial statements In addition, the Commission is operation due to material trading and are distributed to partners, members or proposing to remove the requirement investment losses, may exceed the other beneficial owners within 120 days that a CPO that has filed a claim of benefits to the pool participants. In of the fund’s fiscal year-end or, in the extension under Regulation 4.22(f)(2) for these situations, the most significant case of a fund of funds, within 180 days a particular pool must restate certain information for participants is of the end of its fiscal year. representations in a statement filed with disclosure of the factors that led to the The Commission also is proposing to the pool’s annual reports in subsequent decline in the pool’s value, the fees and extend the application of Regulation years. Instead, having filed the initial expenses attributable to the pool leading 4.22(f)(2) to CPOs that operate claim, the CPO will be presumed to up to the liquidation, the manner in Regulation 4.7-exempt commodity pools operate the pool as a fund of funds and which the pool’s operations were that do not prepare audited financial otherwise continue to qualify for the concluded, and when and how much of automatic extension; however, if the the participants’ investment has been, or 10 In this regard, the Commission would expect that pool annual financial reports would be issued pool no longer operates as a fund of will be, returned. to the pool’s participants shortly after the funds, then its CPO must provide NFA The Commission therefore is completion of the reports by the independent with notice of the change in the pool’s proposing to simplify the reporting public accountant or, for unaudited annual status and must file the pool’s annual requirements for CPOs of pools ceasing financial reports, by the CPO. 11 17 CFR 275.206(4)–2(b)(3). ‘‘Fund of funds’’ is report within 90 days of the pool’s fiscal operation in order to assist them in defined for purposes of the custody rule at year-end, as required by Regulation providing participants with the most 275.206(4)–2(b)(3)(c)(4). 4.22(c). timely and meaningful information.

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This information would include a These special allocations must be does not provide explicitly for separate Statement of Operations and a recognized in the financial statements in disclosure on the Statement of Statement of Changes in Net Assets the same reporting period as the net Operations of realized and unrealized since the last fiscal year-end annual income, interest income, or other basis gains and losses on non-commodity report, an explanation of the winding of computation of the special allocation; interest trading activities. down of the pool’s operations, and a classified in the Statement of Operations In 1995, Commission staff issued an written disclosure that all interests in, as either an expense or a special interpretation of the requirements for and assets of, the pool have been allocation of net income; separately itemization of realized and unrealized redeemed, distributed, or transferred on reported in the Statement of Partnership gains or losses in the commodity pool’s behalf of the participants. If the report Equity; and deducted in the Statement of Operations.17 The would otherwise be required to be computation of the GAAP-required interpretation noted that trading is often audited pursuant to Regulation 4.22(d), disclosures. done by commodity pools using the CPO may prepare an unaudited At the time Interpretative Letter 94–3 strategies that combine financial annual report provided that the CPO was issued, no specific accounting instruments from different types of obtains from all participants, and files standard existed to address special markets, and, to reflect meaningfully the with NFA, written waivers of each of allocations of partnership equity. results of such trading strategies, the participant’s rights to receive an Subsequently, the AICPA issued the permits the separate reporting of audited annual report. This latter Audit and Accounting Guide, Audits of realized and unrealized gains and losses provision is consistent with case-by- Investment Companies, which contains that combines the results of commodity case exemptions that Commission staff a provision stating that special interest trading and non-commodity has provided to CPOs of pools that have allocations of investment partnership interest trading that are part of the same ceased operation. equity can be accounted for in one of trading strategy. The interpretation two ways. Pursuant to the Audit and further noted that reporting realized and In order to clarify that the Accounting Guide, the amounts of any unrealized gains and/or losses for requirement to file an annual financial special allocations may be presented in commodity interest transactions report upon the permanent cessation of either the Statement of Operations or separately from other financial trading applies to Regulation 4.7-exempt the Statement of Changes in Partners’ instruments that are part of the pool’s pools, the Commission proposes to add Capital in accordance with the trading strategy may be misleading to to the introductory text of Regulation partnership agreement, and the method pool participants as the separate 4.7(b)(3) the language that appears in of computing such payments or reporting may distort the real results of the introductory text of Regulation allocations should be described in the the pool’s trading strategies. 4.22(c) to this effect, subject to the notes to the financial statements.15 In order to formally establish staff’s clarification proposed above. Commission staff has consistently interpretation, the Commission is Commission staff has confirmed that taken the position that requiring a CPO proposing to amend Regulation 4.22(e) Regulation 4.7-exempt pools are subject to report a special allocation in a pool’s to state that realized and unrealized to the same requirements as non-exempt Statement of Operations provides the gains and losses on regulated pools with respect to their final annual pool’s participants with more complete commodities transactions presented in reports in the annual report guidance information of the impact of a the Statement of Operations of a letter issued to CPOs each year by distribution of a special allocation to commodity pool may be combined with Commission staff.12 their respective capital accounts, realized or unrealized gains and losses, E. Codifying Existing Policies Regarding notwithstanding the flexibility provided respectively, from non-commodity 16 Special Allocations of Ownership by the Audit and Accounting Guide. interest trading, provided that the gains Equity, Unrealized Gains and Losses, The Commission, therefore, is proposing and losses to be combined are part of a and Investee Funds’ Income and to amend Regulation 4.22(e) to related trading strategy. Furthermore, Expenses incorporate the requirements currently gains or losses from foreign currency detailed in Interpretative Letter No. 94– translations and conversions also may 1. Special Allocations of Ownership 3. CPOs may continue to use the sample be included with the related trading Interests financial statement reporting formats set strategy, or reported separately.18 forth in the Interpretative Letter. CFTC Interpretative Letter No. 94–3, 3. Fees and Expenses of Investee Funds Special Allocations of Investment 2. Combining Gains and Losses on Commission Regulation 4.22(e) Partnership Equity,13 describes the Regulated Futures Transactions With requires a CPO to itemize in the procedures for reporting in a pool’s Gains and Losses on Non-CFTC Statement of Operations brokerage annual financial report special Regulated Transactions in the Statement commissions, management fees, allocations of partnership equity from of Operations advisory fees, incentive fees, interest limited partners to the general partner.14 Regulation 4.22(e) provides that a income and expense, total realized net commodity pool’s Statement of gain or loss from commodity interest 12 CPO guidance letters issued by the Operations must itemize the pool’s total trading, and change in unrealized net Commission’s Division of Clearing and Intermediary Oversight (‘‘DCIO’’) are available at realized net gain or loss from gain or loss on commodity interest http://www.cftc.gov/industryoversight/ commodity interest trading and the positions during the pool’s fiscal year intermediaries/guidancecporeports.html. change in unrealized net gain or loss in directly incurred by the pool during the 13 Available at http://www.cftc.gov/tm/tm94- commodity interest positions during the course of the reporting period. A 03.htm. pool’s fiscal year. Regulation 4.22(e) purpose of this provision is to ensure 14 ‘‘Special allocations’’ are generally distributions of profits or transfers of equity that exceed a class’s proportionate share of profits based and that the amount of the allocation is based upon 17 CFTC Letter No. 95–52, Comm. Fut. L. Rep. upon the class’s proportionate capital contribution a percentage of the partnership’s net income. (CCH) ¶ 26,421. to the pool. As noted in Interpretative Letter No. 15 AICPA Audit and Accounting Guide, 18 The proposed treatment of gains or losses from 94–3, a partnership agreement may often provide Investment Companies, paragraph 7.49. foreign currency translation is consistent with that a special allocation is to be made for the 16 This position has been stated in DCIO’s annual AICPA Audit and Accounting Guide, Audits of advisory services provided by the general partner, CPO guidance letters. Investment Companies, paragraphs 7.51 and 7.54.

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that pool participants receive a detailed F. Use of GAAP feeder structures or funds of funds), such financial statements must contain listing of the fees and other expenses 1. Regulations 4.22(c) and 4.7(b)(3) incurred by the pool for the reporting disclosures that adequately report period. Commission regulations require that results of operations and financial audited and unaudited financial position specific to each class of the For over a decade, consistent with the statements, as well as periodic account pool’s investors. policy of detailed disclosure of material statements, be presented and computed Under the proposal, the notice must fees and expenses set forth in in accordance with GAAP. This be filed with NFA prior to the due date Regulation 4.22(e), Commission staff has provision consistently has been for the report, and the CPO can continue encouraged CPOs to disclose separately interpreted by Commission staff to mean to prepare annual reports for future in pool annual reports income received GAAP as established in the United years in accordance with IFRS as long from, and fees paid to, investee pools.19 States (‘‘U.S. GAAP’’). Nevertheless, as all representations made in the initial Specifically, CPOs were encouraged to Commission staff has, on a case-by-case notice remain in effect. A single notice disclose in the notes to the financial basis, provided limited relief to CPOs may be filed for more than one pool statements the amounts of management that operate commodity pools organized operated by the CPO as long as all the and incentive fees and expenses under the laws of a foreign jurisdiction representations in the notice apply to indirectly incurred as a result of by allowing the financial statements of each of the pools named therein. investing in any fund where the such pools to be prepared and presented Commission staff also has provided investment in the fund exceeded five in accordance with International relief on a case-by-case basis to CPOs percent of the pool’s net asset value. Financial Reporting Standards (‘‘IFRS’’) operating offshore commodity pools 22 Commission staff took the position that instead of U.S. GAAP. In cases where permitting the use of accounting staff has provided relief, the relief was such income, fees, and expenses should standards established in other conditioned upon the offshore pool jurisdictions, including the United be disclosed separately for each fund in following certain key elements of U.S. Kingdom, Ireland, and Luxembourg. which a CPO invested five or more GAAP standards, including preparing a However, the Commission currently is percent of a pool’s net asset value. condensed Schedule of Investments; 23 proposing to establish the notice Income, fees, and expenses incurred reporting special allocations of procedure solely for pools that are from investments in one or more funds partnership equity in accordance with following IFRS, due to IFRS’s global where each investment in a fund CFTC Interpretative Letter 94–3, nature and the various efforts under way represented less than five percent of the proposed to be codified as Regulation in the U.S. and other countries to pool’s net asset value could be 4.22(e)(2); and, in the event that IFRS achieve convergence between IFRS and combined and reported in the aggregate; would require consolidated financial local accounting standards.24 CPOs of the total income on the detail schedule statements for the pool, adequately offshore pools that meet the criteria should agree with the amount of income reporting results of operations and specified in proposed Regulation reported for the income from financial position specific to each class 4.22(d)(2) but are using accounting investments in other funds in the pool’s of the pool’s investors. In addition, standards other than IFRS may continue Statement of Operations.20 The rationale using accounting standards other than to seek case-by-case relief from the U.S. for this disclosure is that such U.S. GAAP must not conflict with any GAAP requirement by filing relief information is material for pool representations made to participants or requests with Commission staff. potential participants in the pool. participants to comprehend fully the 2. GAAP Requirement in Regulation investment strategy and fee structure of Because these criteria under which CPOs have been granted relief from the 4.13 a commodity pool. In addition, the five requirement to prepare pool financial Regulation 4.13 provides an percent threshold is consistent with the reports in accordance with U.S. GAAP exemption from registration for CPOs reporting thresholds set forth in the have remained constant, the that operate only one pool at a time, for relevant accounting requirements Commission is proposing that CPOs be which no advertising is done and no regarding disclosure of investments in permitted to claim relief to prepare compensation is received; or that 21 other funds. financial statements pursuant to IFRS by operate pools that include no more than Accordingly, the Commission is filing a notice that includes 15 participants each, and the aggregate proposing that information on the representations regarding the operations subscriptions to all pools do not exceed amounts of income and expenses of their offshore pools, the preparation $400,000. In 2003, the Commission associated with a pool’s investments in of the pools’ financial statements in adopted additional registration investee funds, and identifying by name accordance with IFRS, and the exemptions for CPOs of pools whose the investee funds in which investments additional information that will be participants are SEC ‘‘accredited exceed five percent of the pool’s net included in the reports in order for the investors’’ 25 and that limit their trading assets, be required in annual reports for financial statements to be consistent of commodity interests to a de minimis with U.S. GAAP. If IFRS would require pools prepared under both Regulation amount, or that limit participation to consolidated financial statements for a 4.22(c) and Regulation 4.7(b)(3). certain highly sophisticated investors. pool, such as those with complex In proposing the Regulation 4.13(a)(3) capital structures (for example, master- and (4) exemptions that were adopted in 19 Commission staff has discussed these 2003, the Commission stated that ‘‘this disclosures in the annual CPO guidance letters. 22 The annual CPO guidance letters issued by relief is intended to encourage and 20 Fees and expenses are generally reported net of Commission staff have discussed the conditions any income by the investee fund to the CPO. under which such exemptions may be granted and the procedure for making exemption requests. See, 24 See, e.g., the February 27, 2006 Memorandum 21 AICPA Statement of Position (‘‘SOP’’) 03–04, e.g., Section III of the January 16, 2008 annual of Understanding between the Financial Reporting Financial Highlights and Schedule of guidance letter at http://www.cftc.gov/stellent/ Accounting Standards Board and the International Investments by Nonregistered Investment groups/public/@iointermediaries/documents/ Accounting Standards Board on convergence of Partnerships: An Amendment to the Audit and generic/cpoannualguidanceletter2007.pdf. IFRS and U.S. GAAP: http://www.fasb.org/intl/ Accounting Guide, Audits of Investment 23 As required by AICPA SOP 95–2, subsequently mou_02-27-06.pdf. Companies. amended by SOP 01–1 and SOP 03–4. 25 17 CFR 230.501(a) (2008).

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facilitate participation in the commodity Regulation 4.7 and Regulation 4.22 Estimated Annual Reporting Burden: interest markets by additional collective would apply only to registered CPOs. Number of Respondents: 9,200. investment vehicles and their advisers, With respect to CPOs exempt from Total Annual Responses: 28,275. with the added benefit to all market registration, the Commission has Total Annual Hours: 167,550. participants of increased liquidity.’’ 26 previously determined that a CPO is a The Commission considers comments Regulation 4.13(c) specifies that, if a small entity if it meets the criteria for by the public on this proposed CPO that has claimed an exemption exemption from registration under collection of information in— from registration under Regulation 4.13 current Regulation 4.13(a)(2). The Evaluating whether the proposed distributes an annual report to pool proposed amendment to Regulation 4.13 collection of information is necessary participants, the annual report must be would remove an existing requirement for the proper performance of the presented and computed in accordance and does not impose any significant functions of the Commission, including with GAAP and, if audited by an burdens. Therefore, the Chairman, on whether the information will have a independent public accountant, behalf of the Commission, hereby practical use; certified in accordance with Regulation certifies, pursuant to 5 U.S.C. 605(b), Evaluating the accuracy of the 1.16. The Commission has reconsidered that the action proposed to be taken Commission’s estimate of the burden of this requirement and determined that it herein will not have a significant the proposed collection of information, does not need to prescribe the form of economic impact on a substantial including the validity of the an annual report that is not required by number of small entities. methodology and assumptions used; its regulations to be prepared, Enhancing the quality, utility, and distributed, or filed. Accordingly, the A. Paperwork Reduction Act clarity of the information to be Commission is proposing to remove the The Paperwork Reduction Act of 1995 collected; and requirement in Regulation 4.13(c) that (‘‘PRA’’) 29 imposes certain Minimizing the burden of the an annual report distributed to requirements on federal agencies collection of information on those who participants in a pool for which (including the Commission) in are to respond, including through the exemption under Regulation 4.13 has connection with their conducting or been claimed must be prepared in sponsoring any collection of use of appropriate automated, accordance with GAAP. The information as defined by the PRA. electronic, mechanical, or other Commission expects, however, that Pursuant to the PRA, the Commission technological collection techniques or CPOs will prepare their pools’ reports has submitted a copy of this section to other forms of information technology, pursuant to the terms of the pools’ the Office of Management and Budget e.g., permitting electronic submission of operating documents. (‘‘OMB’’) for its review. responses. Collection of Information. (Rules Organizations and individuals III. Updating References to Financial Relating to the Operations and desiring to submit comments on the Schedules Activities of Commodity Pool Operators information collection should contact The Commission is proposing to and Commodity Trading Advisors and the Office of Information and Regulatory update both the periodic and annual to Monthly Reporting by Futures Affairs, Office of Management and reporting provisions of Part 4 to Commission Merchants, OMB Control Budget, Room 10235, New Executive conform with current accounting Number 3038–0005.) Office Building, Washington, DC 20503, practices with respect to the references The proposed amendments will not Attn: Desk Officer of the Commodity to various financial schedules. These require a new collection of information Futures Commission. OMB is required changes would delete references to the on the part of any entities subject to the to make a decision concerning the Statement of Changes in Financial proposed amendments. Specifically, the collection of information contained in Position, which no longer exists; rename proposed amendments will modify these proposed regulations between 30 the Statement of Income (Loss) as the existing regulatory requirements by and 90 days after publication of this Statement of Operations; and rename clarifying information that must be document in the Federal Register. the Statement of Changes in Net Asset included in required periodic and Therefore, a comment to OMB is best Value as the Statement of Changes in annual reports. The expected effect of assured of having its full effect if OMB Net Assets. the proposed amended regulations will receives it within 30 days of be to increase slightly the burden for publication. This does not affect the IV. Related Matters this collection of information due to deadline for the public to comment to Regulatory Flexibility Act including specific fee and expense the Commission on the proposed The Regulatory Flexibility Act information in annual reports for funds regulations. Copies of the information (‘‘RFA’’), 5 U.S.C. 601 et seq., requires of funds. This increase affects only collection submission to OMB are that agencies, in proposing regulations, annual reports for pools that invest in available from the CFTC Clearance consider the impact of those regulations other funds and therefore are required to Officer, 1155 21st Street, NW., on small businesses. The Commission include the additional fee and expense Washington, DC 20581 or (202) 418– previously has established certain information, and does not affect reports 5160. for pools that do not invest in other definitions of ‘‘small entities’’ to be used B. Cost-Benefit Analysis by the Commission in evaluating the funds. In addition, because the previous impact of its regulations on such entities submission of this collection contained Section 15(a) of the Act requires the in accordance with the RFA.27 The a calculation error with respect to the Commission to consider the costs and Commission has determined previously total number of respondents, the burden benefits of its action before issuing a that registered CPOs are not small has been recalculated and the corrected new regulation under the Act. By its entities for the purpose of the RFA.28 numbers are included in the current terms, Section 15(a) does not require the The proposed amendments to estimate. The Commission estimates the Commission to quantify the costs and burden of this collection of information benefits of a new regulation or to 26 68 FR 12625 (March 17, 2003). as follows: determine whether the benefits of the 27 47 FR 18618 (April 30, 1982). regulation outweigh its costs. Rather, 28 47 FR at 18619. 29 44 U.S.C. 3507(d). Section 15(a) simply requires the

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Commission to ‘‘consider the costs and After considering these factors, the whichever is earlier, the commodity benefits’’ of its action. Commission has determined to propose pool operator electronically files with Section 15(a) of the Act further the amendments discussed above. The the National Futures Association and specifies that costs and benefits shall be Commission invites public comment on distributes to each participant in lieu of evaluated in light of five broad areas of its application of the cost-benefit the financial information and statements market and public concern: Protection provision. Commenters also are invited specified by those sections, an annual of market participants and the public; to submit any data that they may have report for the exempt pool, affirmed in efficiency, competitiveness, and quantifying the costs and benefits of the accordance with § 4.22(h) which financial integrity of futures markets; proposal with their comment letters. contains, at a minimum: price discovery; sound risk management List of Subjects in 17 CFR Part 4 * * * * * practices; and other public interest (B) A Statement of Operations for that considerations. Accordingly, the Advertising, Commodity futures, year; Commission could in its discretion give Commodity pool operators, Consumer (C) Appropriate footnote disclosure greater weight to any one of the five protection, Reporting and recordkeeping and such further material information as enumerated areas and could in its requirements. may be necessary to make the required discretion determine that, For the reasons discussed in the statements not misleading. For a pool notwithstanding its costs, a particular preamble, the Commission proposes to that invests in other funds, this regulation was necessary or appropriate amend 17 CFR part 4 as follows: information must include, but is not to protect the public interest or to limited to, separately disclosing the effectuate any of the provisions or to PART 4—COMMODITY POOL amounts of income and expenses accomplish any of the purposes of the OPERATORS AND COMMODITY associated with each investment in an Act. TRADING ADVISORS investee fund that exceeds five percent The Commission has considered the of the pool’s net assets. The income and 1. The authority citation for part 4 expenses associated with an investment costs and benefits of this proposed continues to read as follows: regulation in light of the specific in an investee fund that is less than five provisions of Section 15(a) of the Act, as Authority: 7 U.S.C. 1a, 2, 4, 6b, 6c, 6l, 6m, percent of the pool’s net assets may be follows: 6n, 6o, 12a, and 23. combined and reported in the aggregate 1. Protection of market participants 2. Amend § 4.7 to revise paragraphs with the income and expenses of other and the public. The proposed (b)(2)(iii), (b)(3)(i) introductory text, investee funds that, individually, amendments should not affect the (b)(3)(i)(B), and (b)(3)(i)(C), and to add represent an investment of less than five protection of market participants and paragraph (b)(3)(i)(D) to read as follows: percent of the pool’s net assets; the public as they primarily clarify (D) Where the pool is comprised of § 4.7 Exemption from certain part 4 existing reporting requirements for more than one ownership class or series, requirements for commodity pool operators information for the series or class on commodity pools. with respect to offerings to qualified eligible 2. Efficiency and competition. The which the financial statements are persons and for commodity trading reporting should be presented in Commission anticipates that the advisors with respect to advising qualified proposed amendments will benefit eligible persons. addition to the information presented efficiency by streamlining the annual for the pool as a whole; except that, for * * * * * a pool that is a series fund structured report filing process for funds of funds (b) * * * and pools ceasing operation. The with a limitation on liability among the (2) * * * different series, the financial statements proposal will also reduce the number of (iii)(A) Either the net asset value per requests for additional extensions for are not required to include consolidated outstanding participation unit in the information for all series. funds of funds that must be processed exempt pool as of the end of the by NFA. The proposed amendments are reporting period, or * * * * * considered by the Commission as (B) The total value of the participant’s § 4.22 [Amended] benefiting efficiency and not impacting interest or share in the exempt pool as 3. Amend § 4.13 by removing competition. of the end of the reporting period; paragraph (c)(2) and redesignating 3. Financial integrity of futures (C) Where the pool is comprised of paragraph (c)(3) as (c)(2). markets and price discovery. The more than one ownership class or series, 4. Amend § 4.22 to revise paragraphs proposed amendments should have no the net asset value of the series or class (a) introductory text, (a)(1) introductory effect, from the standpoint of imposing on which the account statement is text, (a)(2) introductory text, (c) costs or creating benefits, on the reporting, and the net asset value per introductory text, (c)(4), (c)(5), (d), (e) financial integrity of futures markets or unit or value of the participant’s share, and (f)(2), and to add paragraphs the price discovery function of such also must be included in the statement (a)(2)(vii) and (c)(7) to read as follows: markets. required by this paragraph (b)(2); except 4. Sound risk management practices. that, for a pool that is a series fund § 4.22 Reporting to pool participants. The proposed amendments should have structured with a limitation on liability (a) Except as provided in paragraph no effect, from the standpoint of among the different series, the account (a)(4) of this section, each commodity imposing costs or creating benefits, on statement required by this paragraph pool operator registered or required to sound risk management practices. (b)(2) is not required to include the be registered under the Act must 5. Other public interest consolidated net asset value of all series periodically distribute to each considerations. The Commission of the pool. participant in each pool that it operates, believes that the proposed clarification (3) Annual report relief. (i) Exemption within 30 calendar days after the last of requirements for periodic reporting of from the specific requirements of date of the reporting period prescribed multi-class or series pools is beneficial §§ 4.22(c) and (d); Provided, That within in paragraph (b) of this section, an in that it results in the provision of more 90 calendar days after the end of the Account Statement, which shall be meaningful information to participants exempt pool’s fiscal year or the presented in the form of a Statement of in those pools. permanent cessation of trading, Operations and a Statement of Changes

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in Net Assets, for the prescribed period. (B) The date of the formation of the by the time that the final report is These financial statements must be pool, and issued, disclosure of the value of assets presented and computed in accordance (ii) The close of the pool’s fiscal year, remaining to be distributed and an with generally accepted accounting together with Statements of Operations, approximate time frame of when the principles consistently applied. The and Changes in Net Assets for the distribution will occur. At the time of Account Statement must be signed in corresponding period of the previous the final distribution of the pool’s accordance with paragraph (h) of this fiscal year. assets, the commodity pool operator section. (5) Appropriate footnote disclosure must provide written notice to each (1) The portion of the Account and such further material information as participant and to the National Futures Statement which must be presented in may be necessary to make the required Association that all interests in, and the form of a Statement of Operations statements not misleading. assets of, the pool have been redeemed, must separately itemize the following (i) For a pool that invests in other distributed or transferred on behalf of information: funds, this information must include, the participants. * * * * * but is not limited to, separately (iii) A report filed pursuant to (2) The portion of the Account disclosing the amounts of income and paragraph (c)(7) of this section that Statement that must be presented in the expenses associated with each would otherwise be required by form of a Statement of Changes in Net investment in an investee fund that § 4.22(c) is not required to be certified Assets must separately itemize the exceeds five percent of the pool’s net in accordance with paragraph (d) of this following information: assets. The income and expenses section if the commodity pool operator associated with an investment in an obtains from all participants, and files * * * * * investee fund that is less than five with the National Futures Association (vii) Where the pool is comprised of percent of the pool’s net assets may be no later than the time that the more than one ownership class or series, combined and reported in the aggregate commodity pool operator files the information for the series or class on with the income and expenses of other Annual Report, written waivers of their which the account statement is investee funds that, individually, rights to receive an audited Annual reporting should be presented in represent an investment of less than five Report. addition to the information presented percent of the pool’s net assets; * * * * * for the pool as a whole; except that, for (ii) Where the pool is comprised of a pool that is a series fund structured (d)(1) The financial statements in the more than one ownership class or series, Annual Report must be presented and with a limitation on liability among the information for the series or class on different series, the account statement is computed in accordance with generally which the financial statements are accepted accounting principles not required to include consolidated reporting should be presented in information for all series. consistently applied and must be addition to the information presented certified by an independent public * * * * * for the pool as a whole; except that, for accountant. The requirements of (c) Except as provided in paragraph a pool that is a series fund structured § 1.16(g) of this chapter shall apply with (c)(6) of this section, each commodity with a limitation on liability among the respect to the engagement of such pool operator registered or required to different series, the financial statements independent public accountants, except be registered under the Act must are not required to include consolidated that any related notifications to be made distribute an Annual Report to each information for all series. may be made solely to the National participant in each pool that it operates, * * * * * Futures Association, and the and must electronically submit a copy (7) For a pool that has ceased certification must be in accordance with of the Report and key financial balances operation prior to, or as of, the end of § 1.16 of this chapter, except that the from the Report to the National Futures the fiscal year, the commodity pool following requirements of that section Association pursuant to the electronic operator may provide the following in shall not apply: filing procedures of the National lieu of the annual report that would (i) The audit objectives of § 1.16(d)(1) Futures Association, within 90 calendar otherwise be required by § 4.22(c) or of this chapter concerning the periodic days after the end of the pool’s fiscal § 4.7(b)(3): computation of minimum capital and year or the permanent cessation of (i) Statements of Operations and property in segregation; trading, whichever is earlier; Provided, Changes in Net Assets for the period (ii) All other references in § 1.16 of however, that if during any calendar between: this chapter to the segregation year the commodity pool operator did (A) The later of: requirements; and not operate a commodity pool, the pool (1) The date of the most recent (iii) Sections 1.16(c)(5), (d)(2), (e)(2), operator must so notify the National Statement of Financial Condition filed and (f) of this chapter. Futures Association within 30 calendar with the National Futures Association (2)(i) The financial statements in the days after the end of such calendar year. pursuant to this paragraph (c), or Annual Report required by this section The Annual Report must be affirmed (2) The date of the formation of the or by § 4.7(b)(3) may be presented and pursuant to paragraph (h) of this section pool; and computed in accordance with and must contain the following: (B) The close of the pool’s fiscal year International Financial Reporting * * * * * or the date of the cessation of trading, Standards issued by the International (4) Statements of Operations, and whichever is earlier, Accounting Standards Board if the Changes in Net Assets, for the period (ii)(A) An explanation of the winding following conditions are met: between: down of the pool’s operations and (A) The pool is organized under the (i) The later of: written disclosure that all interests in, laws of a foreign jurisdiction; (A) The date of the most recent and assets of, the pool have been (B) The Annual Report will include a Statement of Financial Condition redeemed, distributed or transferred on condensed schedule of investments, or, delivered to the National Futures behalf of the participants; if required by the alternate accounting Association pursuant to this paragraph (B) If all funds have not yet been standards, a full schedule of (c), or distributed or transferred to participants investments;

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(C) The preparation of the pool’s and classified either as an expense of investments in one or more collective financial statements under International the pool or, if not recognized as an investment vehicles (the Financial Reporting Standards is not expense of the pool, presented in the ‘‘Investments’’); inconsistent with representations set Statement of Operations as a separate, (B) For all reports prepared under forth in the pool’s offering itemized allocation of the pool’s net paragraph (c) of this section and for memorandum or similar document; income to arrive at net income available reports prepared under § 4.7(b)(3)(i) that (D) Special allocations of ownership for pro rata distribution to all partners. are certified by an independent public (ii) Special allocations of ownership equity will be reported in accordance accountant, the commodity pool interest also must be reported separately with § 4.22(e)(2); and operator has been informed by the in the Statement of Partners’ Equity, in (E) In the event that the International certified public accountant engaged to addition to the pro-rata allocations of Financial Reporting Standards require audit the commodity pool’s financial net income, as to each class of consolidated financial statements for the statements that specified information pool, such financial statements must ownership interest. (3) Realized gains or losses on required to complete the pool’s annual contain disclosures that adequately report is necessary in order for the report results of operations and regulated commodities transactions presented in the Statement of accountant to render an opinion on the financial position specific to each class commodity pool’s financial statements. of the pool’s investors. Operations of a commodity pool may be combined with realized gains or losses The notice must include the name, main (ii) The commodity pool operator of a business address, main telephone pool that meets the conditions specified from trading in non-commodity interest transactions, provided that the gains or number, and contact person of the in paragraph (d)(2) of this section may accountant; and claim relief from the requirement in losses to be combined are part of a paragraph (d)(1) of this section by filing related trading strategy. Unrealized (C) The information specified by the a notice with the National Futures gains or losses on open regulated accountant cannot be obtained in Association, within 90 calendar days of commodity positions presented in the sufficient time for the Annual Report to the end of the pool’s fiscal year. Statement of Operations of a commodity be prepared, audited, and distributed (A) The notice must contain the name, pool may be combined with unrealized before the Extended Date. main business address, main telephone gains or losses from open positions in (D) For unaudited reports prepared number and the National Futures non-commodity positions, provided that under § 4.7(b)(3)(i), the commodity pool Association registration identification the gains or losses to be combined are operator has been informed by the number of the commodity pool operator, part of a related trading strategy. operators of the Investments that (f) * * * and name and the identification number specified information required to of the commodity pool. (2) In the event a commodity pool operator finds that it cannot obtain complete the pool’s annual report (B) The notice must include cannot be obtained in sufficient time for representations regarding the pool’s information necessary to prepare annual financial statements for a pool that it the Annual Report to be prepared and compliance with each of the conditions distributed before the Extended Date. specified in § 4.22(d)(2)(i)(A) through operates within the time specified in (v) For each fiscal year following the (D), and, if applicable, (d)(2)(i)(E); and either paragraph (c) of this section or filing of the notice described in (C) The notice must be signed by the § 4.7(b)(3)(i), as a result of the pool paragraph (f)(2)(i) of this section, for a commodity pool operator in accordance investing in another collective particular pool, it shall be presumed with paragraph (h) of this section. investment vehicle, it may claim an that the particular pool continues to (e)(1) The Statement of Operations extension of time under the following invest in another collective investment required by this section must itemize conditions: (i) The commodity pool operator vehicle and the commodity pool brokerage commissions, management must, within 90 calendar days of the operator may claim the extension of fees, advisory fees, incentive fees, end of the pool’s fiscal year, file a notice time; provided, however, that if the interest income and expense, total with the National Futures Association, particular pool is no longer investing in realized net gain or loss from except as provided in paragraph (f)(2)(v) another collective investment vehicle, commodity interest trading, and change of this section. then the commodity pool operator must in unrealized net gain or loss on (ii) The notice must contain the name, file electronically with the National commodity interest positions during the main business address, main telephone Futures Association an Annual Report pool’s fiscal year. Gains and losses on number and the National Futures within 90 days after the pool’s fiscal commodity interests need not be Association registration identification year-end accompanied by a notice itemized by commodity or by specific number of the commodity pool operator, indicating the change in the pool’s delivery or expiration date. and name and the identification number status. (2)(i) Any share of a pool’s profits or of the commodity pool. transfer of a pool’s equity which (iii) The notice must state the date by (vi) Any notice or statement filed exceeds the general partner’s or any which the Annual Report will be pursuant to paragraph (f)(2) of this other class’s share of profits computed distributed and filed (the ‘‘Extended section must be signed by the on the general partner’s or other class’s Date’’), which must be no more than 180 commodity pool operator in accordance pro rata capital contribution are ‘‘special calendar days after the end of the pool’s with paragraph (h) of this section. allocations.’’ Special allocations of fiscal year. The Annual Report must be * * * * * partnership equity or other interests distributed and filed by the Extended Issued in Washington, DC, on February 18, must be recognized in the pool’s Date. 2009 by the Commission. Statement of Operations in the same (iv) The notice must include David A. Stawick, period as the net income, interest representations by the commodity pool income, or other basis of computation of operator that: Secretary of the Commission. the special allocation is recognized. (A) The pool for which the Annual [FR Doc. E9–3840 Filed 2–23–09; 8:45 am] Special allocations must be recognized Report is being prepared has BILLING CODE 6351–01–P

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Notices Federal Register Vol. 74, No. 35

Tuesday, February 24, 2009

This section of the FEDERAL REGISTER these inventions are assigned to the Session of the CCCF and to address contains documents other than rules or United States of America, as represented items that will be on the agenda. proposed rules that are applicable to the by the Secretary of Agriculture. It is in DATES: The public meeting is scheduled public. Notices of hearings and investigations, the public interest to so license these for Thursday, March 5, 2009, from 1 to committee meetings, agency decisions and inventions as Danisco A/S of rulings, delegations of authority, filing of 3 p.m. petitions and applications and agency Copenhagen, Denmark has submitted a ADDRESSES: The public meeting will be statements of organization and functions are complete and sufficient application for held in the Harvey Wiley Federal examples of documents appearing in this a license. The prospective exclusive Building, Room 1A–001, FDA, Center section. license will be royalty-bearing and will for Food Safety and Applied Nutrition comply with the terms and conditions (CFSAN), 5100 Paint Branch Parkway, of 35 U.S.C. 209 and 37 CFR 404.7. The College Park, MD 20740. Codex DEPARTMENT OF AGRICULTURE prospective exclusive license may be documents related to the 3rd Session of granted unless, within thirty (30) days the CCCF are accessible via the World Agricultural Research Service from the date of this published Notice, Wide Web at the following address: the Agricultural Research Service Notice of Intent To Grant Exclusive http://www.codexaliment;arius.net/ receives written evidence and argument License current.asp. which establishes that the grant of the The U.S. Delegate to the CCCF, Dr. AGENCY: Agricultural Research Service, license would not be consistent with the Nega Beru, invites interested U.S. USDA. requirements of 35 U.S.C. 209 and 37 parties to submit their comments ACTION: Notice of intent. CFR 404.7. electronically to the following e-mail address: [email protected]. SUMMARY: Notice is hereby given that Richard J. Brenner, Registration: Register electronically to the U.S. Department of Agriculture, Assistant Administrator. the same e-mail address above. Early Agricultural Research Service, intends [FR Doc. E9–3848 Filed 2–23–09; 8:45 am] registration is encouraged because it to grant to Danisco A/S of Copenhagen, BILLING CODE 3410–03–P will expedite entry into the building Denmark, an exclusive license to U.S. and its parking area. If you require Patent No. 6,989,370, ‘‘Bacteriocins and parking, please include the vehicle Novel Bacterial Strains’’, issued on DEPARTMENT OF AGRICULTURE make and tag number, if known, when January 24, 2006; U.S. Patent No. you register. Because the meeting will Food Safety and Inspection Service 7,132,102, ‘‘Bacteriocins and Novel be held in a Federal building, you Bacterial Strains’’, issued on November [Docket No. FSIS–2009–0001] should also bring photo identification 7, 2006; U.S. Patent No. 7,321,024, and plan for adequate time to pass ‘‘Bacteriocins and Novel Bacterial Codex Alimentarius Commission: through security screening systems. Strains’’, issued on January 22, 2008; Meeting of the Codex Committee on FOR FURTHER INFORMATION ABOUT THE 3RD U.S. Patent No. 7,354,904, ‘‘Bacteriocin Contaminants in Foods SESSION OF THE CCCF CONTACT: Dr. Henry Inducer Peptides’’, issued on April 8, AGENCY: Kim, Office of Food Safety, CFSAN, 2008; U.S. Patent No. 7,452,544, Office of the Acting Deputy Under Secretary for Food Safety, USDA. FDA, 5100 Paint Branch Parkway (HFS– ‘‘Bacteriocins and Novel Bacterial 317), College Park, MD 20740, Phone: Strains’’, issued on November 18, 2008; ACTION: Notice of public meeting and request for comments. (301) 436–2023, Fax: (301) 436–2651, U.S. Patent Application Serial No. 11/ e-mail: [email protected]. 099,456, ‘‘Novel Enterococcus and SUMMARY: The Office of the Acting FOR FURTHER INFORMATION ABOUT THE Streptococcus Strains and Deputy Under Secretary for Food Safety, PUBLIC MEETING CONTACT: Paulo Bacteriocins’’, filed on April 5, 2005; U.S. Department of Agriculture (USDA), Almeida, Associate Manager, U.S. U.S. Patent Application Serial No. 11/ and the Food and Drug Administration Codex Office, Food Safety and 782,223, ‘‘Bacteriocin Inducer (FDA), U.S. Department of Health and Inspection Service, Room 4861, South Peptides’’, filed on July 24, 2007; and Human Services (HHS), are sponsoring Building, 1400 Independence Avenue, U.S. Patent Application Serial No. 11/ a public meeting on March 5, 2009. The SW., Washington, DC 20250, Phone: 859,166, ‘‘Bacteriocins and Novel objective of the public meeting is to (202) 205–7760, Fax: (202) 720–3157, Bacterial Strains’’, filed on September 9, provide information and receive public e-mail: [email protected]. 2007. comments on agenda items and draft SUPPLEMENTARY INFORMATION: DATES: Comments must be received by United States positions that will be March 26, 2009. discussed at the 3rd Session of the Background ADDRESSES: Send comments to: USDA, Codex Committee on Contaminants in The Codex Alimentarius Commission ARS, Office of Technology Transfer, Foods (CCCF) of the Codex (Codex) was established in 1963 by two 5601 Sunnyside Avenue, Rm. 4–1174, Alimentarius Commission (Codex), United Nations organizations, the Food Beltsville, Maryland 20705–5131. which will be held in Rotterdam, The and Agriculture Organization (FAO) and FOR FURTHER INFORMATION CONTACT: June Netherlands, from March 23–27, 2009. the World Health Organization (WHO). Blalock of the Office of Technology The Acting Deputy Under Secretary Through adoption of food standards, Transfer at the Beltsville address given for Food Safety and FDA recognize the codes of practice, and other guidelines above; telephone: 301–504–5989. importance of providing interested developed by its committees, and by SUPPLEMENTARY INFORMATION: The parties the opportunity to obtain promoting their adoption and Federal Government’s patent rights in background information on the 3rd implementation by governments, Codex

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seeks to protect the health of consumers Rotterdam. Members of the public may DEPARTMENT OF COMMERCE and ensure that fair practices are used access copies of these documents at in trade. http://www.codexalimentarius.net/ National Oceanic and Atmospheric The CCCF was established by Codex current.asp. Administration in 2006 as a separate Committee to Public Meeting RIN 0648–XN37 establish or endorse maximum levels for contaminants and naturally occurring At the March 5, 2009, public meeting, Endangered Species; File No. 14249 toxicants in food and feed; to prepare draft U.S. positions on the agenda items priority lists of contaminants and will be described and discussed, and AGENCY: National Marine Fisheries naturally occurring toxicants for risk attendees will have the opportunity to Service (NMFS), National Oceanic and assessment by the Joint FAO/WHO pose questions and offer comments. Atmospheric Administration (NOAA), Expert Committee on Food Additives Written comments may be offered at the Commerce. (JECFA); to consider methods of meeting or sent to Dr. Henry Kim at ACTION: Notice; receipt of application. [email protected]. Written analysis and sampling for determination SUMMARY: comments should state that they relate Notice is hereby given that of contaminants and naturally occurring Ronald Smolowitz, Coonamessett Farm toxicants in food and feed; to consider to activities of the 3rd Session of the CCCF. Foundation, Inc., 277 Hatchville Road, and elaborate standards or codes of East Falmouth, MA 02536, has applied practice for related subjects; and to Additional Public Notification in due form for a permit to take consider other matters assigned to it by loggerhead (Caretta caretta), leatherback the Commission in relation to Public awareness of all segments of rulemaking and policy development is (Dermochelys coriacea), Kemp’s ridley contaminants and naturally occurring (Lepidochelys kempii), green (Chelonia toxicants in food and feed. The important. Consequently, in an effort to ensure that minorities, women, and mydas), hawksbill (Eretmochelys Committee is hosted by The imbricata), and olive ridley Netherlands. persons with disabilities are aware of this notice, USDA will announce it (Lepidochelys olivacea) sea turtles for Issues To Be Discussed at the Public online via its Food Safety and purposes of scientific research. Meeting Inspection Service (FSIS) Web page DATES: Written, telefaxed, or e-mail The following items on the agenda for located at http://www.fsis.usda.gov/ comments must be received on or before the 3rd Session of the CCCF will be regulations/2009_Notices_Index/. FSIS March 26, 2009. discussed during the public meeting: will also make copies of this Federal ADDRESSES: The application and related • Matters Referred to the Committee Register publication available through documents are available for review by from other Codex bodies. the FSIS Constituent Update, which is selecting ‘‘Records Open for Public • Matters of interest arising from FAO used to provide information regarding Comment’’ from the Features box on the and WHO (including JECFA). FSIS policies, procedures, regulations, Applications and Permits for Protected • Draft Revision of the Preamble of Federal Register notices, FSIS public Species (APPS) home page, http:// the General Standard for Contaminants meetings, and other types of information www.apps.nmfs.noaa.gov/index.cfm, and Toxins in Food (GSCTF) (N04– that could affect or would be of interest and then selecting File No. 14249 from 2006). to constituents and stakeholders. The the list of available applications. These • Draft Code of Practice for the Update is communicated via Listserv, a documents are also available for review Reduction of Acrylamide in Food (N06– free electronic mail subscription service upon written request or by appointment 2006). for industry, trade groups, consumer in the following offices: • Draft Code of Practice for the interest groups, health professionals, Permits, Conservation and Education Reduction of Contamination of Food and other individuals who have asked Division, Office of Protected Resources, with Polycyclic Aromatic Hydrocarbons to be included. The Update is also NMFS, 1315 East-West Highway, Room (PAH) from Smoking and Direct Drying available on the FSIS Web page. 13705, Silver Spring, MD 20910; phone Processes (N07–2006). Through the Listserv and Web page, (301)713–2289; fax (301)427–2521; and • Proposed Draft Maximum Levels for FSIS is able to provide information to a Northeast Region, NMFS, 55 Great Total Aflatoxins in Brazil Nuts (N11– much broader and more diverse Republic Drive, Gloucester, MA 01930; 2008). audience. In addition, FSIS offers an phone (978)281–9300; fax (978)281– • Proposed Draft Code of Practice for electronic mail subscription service 9333. the Prevention and Reduction of which provides automatic and Written comments or requests for a Ochratoxin A Contamination in Coffee customized access to selected food public hearing on this application (N12–2008). safety news and information. This should be mailed to the Chief, Permits, • Discussion Paper on Fumonisins. service is available at http:// Conservation and Education Division, • Discussion Paper on Benzene in www.fsis.usda.gov/news_and_events/ F/PR1, Office of Protected Resources, Soft Drinks. email_subscription/. Options range from NMFS, 1315 East-West Highway, Room • Discussion Paper on Cyanogenic recalls to export information to 13705, Silver Spring, MD 20910. Those Glycosides. regulations, directives and notices. individuals requesting a hearing should • Discussion Paper on Mycotoxins in Customers can add or delete set forth the specific reasons why a Sorghum. hearing on this particular request would • subscriptions themselves, and have the Discussion Paper on Ethyl option to password protect their be appropriate. Carbamate on Alcoholic Beverages. accounts. Comments may also be submitted by • Priority List of Contaminants and facsimile at (301)427–2521, provided Naturally Occurring Toxicants Proposed Done at Washington, DC, on February 18, the facsimile is confirmed by hard copy 2009. for Evaluation by the JECFA. submitted by mail and postmarked no Each item listed above will be fully Barbara McNiff, later than the closing date of the described in documents distributed, or Acting U.S. Manager for Codex Alimentarius. comment period. to be distributed, by the Secretariat prior [FR Doc. E9–3847 Filed 2–23–09; 8:45 am] Comments may also be submitted by to the March 23–27, 2009, meeting in BILLING CODE 3410–DM–P e-mail. The mailbox address for

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providing e-mail comments is DEPARTMENT OF COMMERCE accept anonymous comments (enter N/ [email protected]. Include A in the required fields if you wish to in the subject line of the e-mail National Oceanic and Atmospheric remain anonymous). Attachments to comment the following document Administration electronic comments will be accepted in identifier: File No. 14249. Microsoft Word, Excel, WordPerfect, or Draft Management Plan and Adobe PDF file formats only. FOR FURTHER INFORMATION CONTACT: Environmental Assessment for Public meetings: See SUPPLEMENTARY Thunder Bay National Marine Patrick Opay or Kate Swails, (301)713– INFORMATION section for the dates and Sanctuary: Notice of Public Availability 2289. locations for the public meetings. and Meetings SUPPLEMENTARY INFORMATION: The FOR FURTHER INFORMATION CONTACT: Tera subject permit is requested under the AGENCY: Office of National Marine Panknin at (989) 356–8805 ext. 38 or via authority of the Endangered Species Act Sanctuaries (ONMS), National Ocean e-mail at [email protected]. Service (NOS), National Oceanic and of 1973, as amended (ESA; 16 U.S.C. SUPPLEMENTARY INFORMATION: 1531 et seq.) and the regulations Atmospheric Administration (NOAA), governing the taking, importing, and Department of Commerce (DOC). Background Information exporting of endangered and threatened ACTION: Notice of public availability and On October 7, 2000, the National species (50 CFR 222–226). meetings. Oceanic and Atmospheric The applicant proposes to evaluate SUMMARY: In accordance with section Administration (NOAA) designated modifications to scallop dredge gear that 304(e) of the National Marine TBNMS as the nation’s thirteenth may reduce the probability of turtle Sanctuaries Act (NMSA), as amended, national marine sanctuary (NMS). At injuries due to interactions with gear. NOAA is soliciting public comment on that time, NOAA prepared and released a management plan for the new The applicant also proposes to study sea the draft management plan and draft sanctuary. TBNMS is jointly managed turtle behavior so that behavior can be environmental assessment for Thunder Bay National Marine Sanctuary. by NOAA and the State of Michigan. factored into bycatch reduction The sanctuary’s mission is to preserve strategies and collect biological and DATES: Comments: Comments on the draft management plan and draft nationally significant shipwrecks and animal health information to improve regional maritime landscape through NMFS’ ability to assess stocks and the environmental assessment will be considered if received on or before April resource protection, education, and impact of anthropogenic activities. Up research. The sanctuary also promotes to 17 loggerhead and 6 leatherback, 10, 2009. SUPPLEMENTARY appreciation and responsible use of hawksbill, olive ridley, green, or Kemp’s Public meetings: See INFORMATION section below for the dates Thunder Bay, the Great Lakes, and the ridley in any combination, would be and locations for the public meetings. oceans. taken during the dredge gear study ADDRESSES: NOAA is now undergoing the first annually. All of these takes could result To obtain a copy: For a copy of the draft management plan and review of the 1999 TBNMS management in injury or mortality. Up to 100 draft environmental assessment, contact plan pursuant to section 304(e) of the loggerheads would be followed by a the Management Plan Review NMSA. The draft revised management remotely operated vehicle annually Coordinator, Thunder Bay National plan (2009) was prepared by NOAA and during the behavior study. Up to 10 Marine Sanctuary, 500 W. Fletcher the State of Michigan’s Department of loggerheads would be captured annually Street, Alpena, MI 49707. Copies can History, Arts and Libraries in by hoop net and have a satellite also be downloaded from the Thunder cooperation with the Thunder Bay transmitter or Crittercam attached to Bay National Marine Sanctuary Sanctuary Advisory Council and with their carapace. All animals that are (TBNMS) website at http:// input from the public, local handled in these studies would be www.thunderbay.noaa.gov. governments, State and Federal measured, flipper and passive integrated To submit comments: Comments on agencies, and other stakeholders. The transponder tagged, tissue sampled, the draft management plan and draft draft revised plan is comprised of four cloacal swabbed, nasal swabbed, environmental assessment may be action plans (resource protection, photographed, weighed, and released. submitted by one of the following education and outreach, research, and Dead animals could be salvaged for methods: operations). It sets priorities to guide sanctuary programs and operations and scientific purposes. The applicant 1. In writing to the Thunder Bay NMS provides the public with a better requests a 5 year permit and research Management Plan Review Coordinator understanding of the sanctuary’s activities would occur in the Atlantic (see to obtain a copy section above); strategies to protect Thunder Bay’s Ocean off the coast of the northeastern 2. By e-mail to [email protected]; or 3. By providing comments (oral or resources. United States. written) at one of the public meetings The draft environmental assessment Dated: February 17, 2009. (see public meetings section below). analyzes the environmental impacts of P. Michael Payne, Instructions: All comments received the revised management plan pursuant Chief, Permits, Conservation and Education are a part of the public record and will to the National Environmental Policy Division, Office of Protected Resources, be generally posted to http:// Act. In doing so, it analyzes two National Marine Fisheries Service. www.regulations.gov without change. alternatives: the status quo (no change [FR Doc. E9–3935 Filed 2–23–09; 8:45 am] All Personal Identifying Information (for to the 1999 management plan) and the example, name, address, etc.) preferred alternative (revising the 1999 BILLING CODE 3510–22–S voluntarily submitted by the commenter management plan). may be publicly accessible. Do not Public Meetings submit confidential business information or otherwise sensitive or Public meetings will be held at the protected information. NOAA will following locations and dates:

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March 18, 6:30 p.m ...... Rogers City, MI ...... Presque Isle District Library, 181 East Erie Street, Rogers City, MI 49779. March 19, 6:30 p.m ...... Harrisville, MI ...... Harrisville Courthouse, 106 North 5th Street, Harrisville, MI 48740. March 20, 2 p.m ...... Lansing, MI ...... Michigan Historical Center, 702 West Kalamazoo Street, Lansing, MI 48909. March 24, 6:30 p.m ...... Alpena, MI ...... Great Lakes Maritime Heritage Center, 500 West Fletcher Street, Alpena, MI 49707.

Dated: February 17, 2009. the taking, importing, and exporting of Dated: February 18, 2009. Daniel J. Basta, endangered and threatened species (50 P. Michael Payne, Director, Office of National Marine CFR parts 222–226). Chief, Permits, Conservation and Education Sanctuaries. The researchers previous permit, 473– Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. E9–3720 Filed 2–23–09; 8:45 am] 1700–01, authorized research on [FR Doc. E9–3923 Filed 2–23–09; 8:45 am] BILLING CODE 3510–NK–P humpback whales (Megaptera novaeangliae), gray whales BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE (Eschrichtius robustus) , minke whales (Balaenoptera acustorostrata), sperm DEPARTMENT OF COMMERCE National Oceanic and Atmospheric whales (Physeter macrocephalus) , fin Administration whales (Balaenoptera physalus), and National Oceanic and Atmospheric killer whales (Orcinus orca). Incidental Administration RIN 0648–XE37 harassment of harbor porpoise RIN 0648–XN28 Marine Mammals; File No. 473–1700–02 (Phocoena phocoena), Dall’s porpoise (P. dalli), Atlantic white-sided dolphins Pacific Halibut Fishery; Guideline AGENCY: National Marine Fisheries (Lagenorhynchus obliquidens), Steller Harvest Levels for the Charter Vessel Service (NMFS), National Oceanic and sea lions (Eumetopias jubatus), harbor Fishery for Halibut Atmospheric Administration (NOAA), seals (Phoca vitulina) and Northern fur AGENCY: National Marine Fisheries Commerce. seals (Callorhinus ursinus) is also Service (NMFS), National Oceanic and ACTION: Notice; issuance of permit authorized. Research methods include amendment. Atmospheric Administration (NOAA), photo-identification, passive acoustic Commerce. recording, behavioral observations, SUMMARY: Notice is hereby given that ACTION: Notice of guideline harvest suction-cup tagging (including Janice Straley, University of Alaska, level. 1332 Seward Ave, Sitka, AK 99835, has Crittercam), and biopsy. The permit been issued an amendment to Permit amendment includes those activities SUMMARY: NMFS provides notice of No. 473–1700–01 to conduct research and the following: an increase in the Pacific halibut guideline harvest levels on marine mammals. number of sperm whales that may be (GHLs) for the guided sport charter ADDRESSES: The permit and related suction-cup tagged to 50 (an increase of vessel fishery in the International documents are available for review 25 animals); attachment of satellite tags Pacific Halibut Commission (IPHC) upon written request or by appointment to 20 sperm whales and 20 killer regulatory areas 2C and 3A. The GHLs in the following office(s): whales; and modification to operations are benchmark harvest levels for Permits, Conservation and Education of fishing vessel methods, which could participants in the charter vessel fishery Division, Office of Protected Resources, result in the taking of 40 sperm whales for halibut in each area. This notice is NMFS, 1315 East-West Highway, Room by Level B harassment, annually. All necessary to meet the management and 13705, Silver Spring, MD 20910; phone research will be conducted in the Gulf regulatory requirements for the GHLs (301)713–2289; fax (301)427–2521; and of Alaska. The permit amendment also and to inform the public about the 2009 Alaska Region, NMFS, P.O. Box extends the expiration date by one year, GHLs for the charter halibut fishery. 21668, Juneau, AK 99802–1668; phone to June 30, 2010. DATES: The GHLs are effective beginning (907)586–7221; fax (907)586–7249. February 1, 2009, through December 31, In compliance with the National FOR FURTHER INFORMATION CONTACT: 2009. This period is specified by the Jaclyn Daly or Amy Sloan, (301)713– Environmental Policy Act of 1969 (42 IPHC as the sport fishing season in all 2289. U.S.C. 4321 et seq.), a supplemental waters of Alaska. environmental assessment was prepared FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: On analyzing the effects of the permitted Peggy Murphy, (907) 586–7228, or email December 26, 2007, notice was activities. After a Finding of No published in the Federal Register (72 at [email protected]. Significant Impact, the determination FR 72997) that a request for a scientific SUPPLEMENTARY INFORMATION: NMFS was made that it was not necessary to research permit amendment to take implemented a final rule to establish prepare an environmental impact sperm whales and killer whales had GHLs in IPHC regulatory areas 2C and been submitted by the above-named statement. 3A for the harvest of Pacific halibut individual. The requested permit has Issuance of this permit, as required by (Hippoglossus stenolepis) by the charter been issued under the authority of the the ESA, was based on a finding that vessel fishery on August 8, 2003 (68 FR Marine Mammal Protection Act of 1972, such permit: (1) was applied for in good 47256). A correcting amendment was as amended (16 U.S.C. 1361 et seq.), the faith; (2) will not operate to the published May 28, 2008 (73 FR 30504) regulations governing the taking and disadvantage of such endangered to correct the GHL table at 50 CFR importing of marine mammals (50 CFR species; and (3) is consistent with the 300.65(c)(1) that lists GHLs part 216), the Endangered Species Act of purposes and policies set forth in corresponding to different levels of the 1973, as amended (ESA; 16 U.S.C. 1531 section 2 of the ESA. total constant exploitation yield (CEY) et seq.), and the regulations governing because of non–substantive errors in

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conversions from pounds to metric tons, DEPARTMENT OF COMMERCE Each meeting will be considered an ex and rounding errors for some metric parte presentation, and the substance of equivalents. The GHLs are intended to National Telecommunications and the meeting will be placed on the public serve as benchmark harvest levels for Information Administration record. No later than two (2) days after participants in the charter vessel halibut a meeting, an interested party must fishery. Notice: Broadband Grant Programs submit a memorandum to NTIA which Meetings This announcement is consistent with summarizes the substance of the 50 CFR 300.65(c)(2), which requires that AGENCY: National Telecommunications meeting. Any written presentations GHLs for IPHC regulatory areas 2C and and Information Administration, U.S. provided at the meeting will also be 3A be specified by NMFS and Department of Commerce placed on the public record. NTIA reserves the right to hold individual or announced by publication in the ACTION: Notice of meetings. Federal Register no later than 30 days group meetings, depending on the after receiving information from the SUMMARY: The National number of meeting requests received. IPHC. The IPHC annually establishes Telecommunications and Information Group meetings may be transcribed and/ the total CEY for halibut in IPHC Administration (NTIA) will begin or streamed to the Web and placed on regulatory areas 2C and 3A. Regulations holding meetings with interested parties the public record. at § 300.65(c)(1) establish the GHLs on Monday, March 2, 2009, in Attendance at the meetings is limited based on the total CEY that is connection with the broadband grant to space available. Meetings will be established annually by the IPHC. The programs described in the Broadband physically accessible to people with total CEY established by the IPHC for Data Services Improvement Act and the disabilities. Individuals requesting 2009 is 5,570,000 lb (2,526.5 mt) in Area American Recovery and Reinvestment accommodations, such as sign language 2C and 28,010,000 lb (12,705.2 mt) in Act of 2009 (collectively, ‘‘Broadband interpretation or other ancillary aids, are Area 3A. The corresponding GHLs are Grant Programs’’). All interested parties asked to indicate this to Barbara Brown 788,000 lb (357.4 mt) in Area 2C, and are invited to schedule a meeting. at least two (2) days prior to each meeting. Interested parties will have an 3,650,000 lb (1,655.6 mt) in Area 3A. DATES: Meetings will be scheduled opportunity to ask questions at the The GHL in Area 2C has been reduced beginning March 2, 2009, and will meetings. Individuals who would like to from the 2008 level of 931,000 lb (422.3 continue until further notice. submit questions in writing should e- mt). The GHL for Area 3A did not ADDRESSES: The meetings will be held at change. mail their questions to Barbara Brown at the U.S. Department of Commerce, [email protected] at least 24 hours This is a notice of the GHLs in Areas National Telecommunications and in advance of the meeting. 2C and 3A for 2009 and does not require Information Administration, 1401 any regulatory action by NMFS. If a Constitution Avenue, N.W., Dated: February 19, 2009. GHL is exceeded in 2009, NMFS will Washington, D.C. (Please enter at 14th Kathy D. Smith, notify the North Pacific Fishery Street.) Room numbers will be provided Chief Counsel, National Telecommunications Management Council (Council) in to interested parties when meetings are and Information Administration. writing within 30 days of receipt of that scheduled. The disability accessible [FR Doc. E9–3897 Filed 2–23–09; 8:45 am] information. The Council has proposed entrance is located at the 14th Street BILLING CODE 3510–60–S management actions to reduce the Aquarium Entrance. harvest of Pacific halibut in the Area 2C FOR FURTHER INFORMATION CONTACT: To DEPARTMENT OF COMMERCE guided charter vessel fishery to the GHL schedule a meeting, contact Barbara (73 FR 78276, December 22, 2008). The Brown at (202) 482–4374 or National Telecommunications and Secretary of Commerce may issue a final [email protected]. Information Administration rule after consideration of the 2009 GHL SUPPLEMENTARY INFORMATION: NTIA is and public comments on the proposed Online Safety and Technology Working rule. scheduling meetings to afford interested parties the opportunity to discuss Group Classification implementation of the Broadband Grant AGENCY: National Telecommunications Programs as described in the Broadband and Information Administration This notice does not require any Data Services Improvement Act and the ACTION: Notice additional regulatory action by NMFS American Recovery and Reinvestment and does not impose any additional Act of 2009. The Broadband Data SUMMARY: The National restrictions on harvests by the charter Services Improvement Act was enacted Telecommunications and Information fishery. If a GHL is exceeded in any in October 2008 and directs the Administration (NTIA) is clarifying a year, the Council would be notified, but Secretary of Commerce to award grants notice published in the Federal Register would not be required to take action. to eligible entities on a competitive on November 21, 2008 seeking This process of notification is intended basis to assess, identify and track nominations of individuals to represent to provide the Council with information broadband service deployment in each the business community, public interest about the level of Pacific halibut harvest State. The American Recovery and groups, and other appropriate groups by the charter vessel fishery in a given Reinvestment Act of 2009 was enacted interested in serving on the NTIA year and could prompt future action. in February 2009 and directs NTIA to Online Safety and Technology Working Authority: 16 U.S.C. 773 et seq. establish the ‘‘Broadband Technology Group (OSTWG). The 30 member limit Opportunities Program’’ to make grants applies only to private sector members Dated: February 17, 2009. available on a competitive basis to of the OSTWG. The OSTWG Emily H. Menashes, accelerate and expand broadband membership will also include a certain Acting Director, Office of Sustainable deployment. Information about the number of Federal Government Fisheries, National Marine Fisheries Service. Broadband Grant Programs will be made representatives as required by the Act. [FR Doc. E9–3922 Filed 2–23–09; 8:45 am] available at http://www.ntia.doc.gov/ This notice does not reopen BILLING CODE 3510–22–S broadbandgrants. nominations for the OSTWG.

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FOR FURTHER INFORMATION CONTACT: Tim DEPARTMENT OF DEFENSE SUPPLEMENTARY INFORMATION: Sloan, Office of Policy Analysis and A. Purpose Development, at (202) 482–1899 or GENERAL SERVICES [email protected]. ADMINISTRATION FAR Subpart 23.9 and its associated solicitation provision and contract SUPPLEMENTARY INFORMATION: On NATIONAL AERONAUTICS AND clause implement the requirements of October 10, 2008, the ‘‘Protecting SPACE ADMINISTRATION E.O. 13148 of April 21, 2000, published Children in the 21st Century Act’’ (the [OMB Control No. 9000–0139] in the Federal Register at 65 FR 24595, Act) was enacted.1 Section 214 of the April 26, 2000. ‘‘Greening the Act directs NTIA to establish the Federal Acquisition Regulation; Government through Leadership in OSTWG to be comprised of Submission for OMB Review; Federal Environmental Management.’’ The FAR ‘‘representatives of relevant sectors of Acquisition and Community Right-To- coverage requires offerors, except for the business community, public interest Know acquisitions of commercial items as defined in FAR Part 2, in competitive groups, and other appropriate groups AGENCIES: Department of Defense (DOD), and Federal agencies.’’ On November acquisitions over $100,000 (including General Services Administration (GSA), options) and competitive 8(a) contracts, 21, 2008, NTIA published a notice and National Aeronautics and Space seeking nominations in accordance with to certify that they will comply with Administration (NASA). applicable toxic chemical release the Act.2 In that notice, NTIA ACTION: Notice of request for comments reporting requirements of the announced that the OSTWG would have regarding an extension to an existing Emergency Planning and Community up to 30 members. With this notice, OMB clearance (9000–0139). Right-to-Know Act of 1986 (42 U.S.C. NTIA clarifies that this 30 member limit 11001–11050) and the Pollution applies only to representatives from the SUMMARY: Under the provisions of the Paperwork Reduction Act of 1995 (44 Prevention Act of 1990 (42 U.S.C. relevant sectors of the business 13101–13109). community, public interest groups and U.S.C. Chapter 35), the Federal other appropriate groups as defined by Acquisition Regulation (FAR) B. Annual Reporting Burden Secretariat will be submitting to the the Act and the notice. Respondents: 167,487. Office of Management and Budget Responses per Respondent: 1. The Act also requires that NTIA invite (OMB) a request to review and approve Annual Responses: 167,487. representatives from relevant Federal an extension of a currently approved Hours per Response: 0.50. Government agencies to serve on the information collection requirement Total Burden Hours: 83,744. OSTWG. NTIA is working with these concerning Federal acquisition and Obtaining Copies of Proposals: agencies to identify appropriate community right-to-know. A request for Requesters may obtain a copy of the representatives. The Assistant Secretary public comments was published in the information collection documents from Federal Register at 73 FR 56561, for Communications and Information the General Services Administration, September 29, 2008. No comments were will determine the number of Federal Regulatory Secretariat (VPR), Room Government reprentatives that will received. Public comments are particularly 4041, Washington, DC 20405, telephone serve on the OSTWG. The number of (202) 501–4755. Please cite OMB Federal Government representatives invited on: Whether this collection of information is necessary for the proper Control No. 9000–0139, Federal will be in addition to the 30 appointed Acquisition and Community Right-to- from the private sector. performance of functions of the FAR, and whether it will have practical Know, in all correspondence. This notice does not reopen utility; whether our estimate of the Dated: February 19, 2009. nominations for the working group. public burden of this collection of Al Matera, Applications for nominations were due information is accurate, and based on Director, Contract Policy Division. on or before December 12, 2008. valid assumptions and methodology; [FR Doc. E9–3889 Filed 2–23–09; 8:45 am] Dated: February 19, 2009. ways to enhance the quality, utility, and BILLING CODE 6820–EP–P clarity of the information to be Kathy D. Smith, collected; and ways in which we can Chief Counsel, National Telecommunications minimize the burden of the collection of DEPARTMENT OF DEFENSE and Information Administration. information on those who are to [FR Doc. E9–3915 Filed 2–23–09; 8:45 am] respond, through the use of appropriate Department of the Army BILLING CODE 3510–60–S technological collection techniques or other forms of information technology. Army Science Board 2009 March DATES: Submit comments on or before Plenary Meeting March 26, 2009. AGENCY: Department of the Army, DoD. FOR FURTHER INFORMATION CONTACT: Mr. ACTION: Notice of open meeting. William Clark, Contract Policy Division, GSA, at (202) 219–1813. SUMMARY: Pursuant to the Federal ADDRESSES: Submit comments regarding Advisory Committee Act of 1972 (5 this burden estimate or any other aspect U.S.C., Appendix, as amended), the of this collection of information, Sunshine in the Government Act of including suggestions for reducing this 1976 (U.S.C. § 552b, as amended) and 41 burden to: FAR Desk Officer, OMB, Code of the Federal Regulations (CFR 1 Pub. L. No. 110-385, 122 Stat. 4096 (to be codified at 15 U.S.C § 6554). Room 10102, NEOB, Washington, DC §§ 102–3. 140 through 160, the 2 Call for Nominations, Online Safety and 20503, and a copy to the General Department of the Army announces the Technology Working Group, 73 Fed. Reg. 226 (Nov. Services Administration, FAR following committee meeting: 21, 2008), available at http://www.ntia.doc.gov/ Secretariat (VPR), 1800 F Street, NW, Name of Committee: Army Science frnotices/2008/FR_OnlineSafety_081121.pdf. Room 4041, Washington, DC 20405. Board (ASB).

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Date(s) of March Plenary Meeting: DEPARTMENT OF DEFENSE (1) Carriers and Shippers. The law March 24–25, 2009. uses the terms ‘‘primary users and Time(s) of Meeting: Department of the Army shippers.’’ Primary users have been 0800–1700, March 24, 2009. interpreted to mean the providers of Inland Waterways Users Board; transportation services on inland 0800–1700, March 25, 2009. Request for Nominations waterways such as barge or towboat Place of Meeting: Massachusetts AGENCY: Department of the Army, DOD. operators. Shippers have been Institute of Technology, 77 interpreted to mean the purchasers of Massachusetts Ave., Cambridge, MA ACTION: Notice. such services for the movement of 02139. SUMMARY: Section 302 of Public Law 99– commodities they own or control. Individuals are appointed to the Board, FOR FURTHER INFORMATION CONTACT: 662 established the Inland Waterways but they must be either a carrier or Army Science Board Studies Manager: Users Board. The Board is an shipper, or represent a firm that is a Ms. Vivian Baylor, 703–604–7472. independent Federal advisory committee. The Secretary of the Army carrier or shipper. For that purpose a SUPPLEMENTARY INFORMATION: Proposed appoints its 11 members. This notice is trade or regional association is neither a Agenda: The purpose of the meeting is to solicit nominations for five (5) shipper nor primary user. to update members on Army Science (2) Geographical Representation. The appointments or reappointments to two- Board administrative matters, to law specifies ‘‘various’’ regions. For the year terms that will begin after August conduct interim meetings of individual purpose of selecting Board members, the 15, 2009. study subcommittees, and to tour waterways subjected to fuel taxes and laboratories and hear briefings on ADDRESSES: Headquarters, U.S. Army described in Public Law 95–502, as scientific/engineering topics of general Corps of Engineers, Civil Works amended, have been aggregated into six interest to the ASB membership at MIT, Directorate, Attention: Inland regions. They are (1) the Upper Natick Soldier Systems Center, and MIT Waterways Users Board Nominations Mississippi River and its tributaries Lincoln Laboratory. It is expected that Committee, Mr. Mark Pointon, 441 G above the mouth of the Ohio; (2) the the first day will be spent on the MIT Street NW., Washington, DC 20314– Lower Mississippi River and its campus on Army Science Board matters, 1000. tributaries below the mouth of the Ohio with the second day devoted to tours FOR FURTHER INFORMATION CONTACT: and above Baton Rouge; (3) the Ohio and briefings. Headquarters, U.S. Army Corps of River and its tributaries; (4) the Gulf Filing Written Statement: Pursuant to Engineers, Civil Works Directorate, Intracoastal Waterway in Louisiana and 41 CFR 102–3.140d, the Committee is (202) 761–4691. Texas; (5) the Gulf Intracoastal Waterway east of New Orleans and not obligated to allow the public to SUPPLEMENTARY INFORMATION: The associated fuel-taxed waterways speak; however, interested persons may selection, service, and appointment of submit a written statement for including the Tennessee-Tombigbee, Board members are covered by plus the Atlantic Intracoastal Waterway consideration by the Subcommittees. provisions of Section 302 of Public Law Individuals submitting a written below Norfolk; and (6) the Columbia- 99–662. The substance of those Snake Rivers System and Upper statement must submit their statement provisions is as follows: to the Designated Federal Officer (DFO) Willamette. The intent is that each a. Selection. Members are to be region shall be represented by at least at the address detailed below. Written selected from the spectrum of one Board member, with that statements not received at least 10 commercial carriers and shippers using representation determined by the calendar days prior to the meeting may the inland and intracoastal waterways, regional concentration of the not be provided to or considered by the to represent geographical regions, and to individual’s traffic on the waterways. subcommittees until the next meeting. be representative of waterborne (3) Commodity Representation. The DFO will review all timely commerce as determined by commodity Waterway commerce has been submissions with the subcommittee ton-miles statistics. aggregated into six commodity Chairs and ensure they are provided to b. Service. The Board is required to categories based on ‘‘inland’’ ton-miles the specific subcommittee members meet at least semi-annually to develop shown in Waterborne Commerce of the before the meeting. After reviewing and make recommendations to the United States. These categories are (1) written comments, the subcommittee Secretary of the Army on waterways Farm and Food Products; (2) Coal and Chairs and the DFO may choose to construction and rehabilitation Coke; (3) Petroleum, Crude and invite the submitter of the comments to priorities and spending levels for Products; (4) Minerals, Ores, and orally present their issue during a future commercial navigation improvements, Primary Metals and Mineral Products; open meeting. and report its recommendations (5) Chemicals and Allied Products; and The DFO, in consultation with the annually to the Secretary and Congress. (6) All Other. A consideration in the subcommittee Chairs, may allot a c. Appointment. The operation of the selection of Board members will be that specific amount of time for the members Board and appointment of its members the commodities carried or shipped by of the public to present their issues for are subject to the Federal Advisory those individuals or their firms will be review and discussion. Written Committee Act (Pub. L. 92–463, as reasonably representative of the above submissions are to be submitted to the amended) and departmental commodity categories. following address: Army Science Board, implementing regulations. Members d. Nomination. Reflecting preceding ATTN: Designated Federal Officer, 2511 serve without compensation but their selection criteria, the current Jefferson Davis Highway, Suite 11500, expenses due to Board activities are representation by the five (5) Board Arlington, VA 22202–3911. reimbursable. The considerations members whose terms will expire is one specified in Section 302 for the member each representing regions 1, 2, Brenda S. Bowen, selection of the Board members, and 3, 4 and 5. Also, three of these Board Army Federal Register Liaison Officer. certain terms used therein, have been members represent carriers, one [FR Doc. E9–3891 Filed 2–23–09; 8:45 am] interpreted, supplemented, or otherwise represents a shipper and one represents BILLING CODE 3710–08–P clarified as follows: a carrier/shipper.

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Three of the five members whose Waterway (GIWW) in Baldwin County, 2. Alternative 1: No Action terms will expire are eligible for AL, specifically the stretch known as alternative. Under the No Action reappointment. Nominations to replace the ‘‘Foley Land Cut’’ (FLC). The Mobile Alternative, no marinas would be Board members whose terms expire may District, U.S. Army Corps of Engineers constructed on the FLC. The proposed be made by individuals, firms or (Corps) published in the Federal uplands developments could be associations. Nominations will: Register, May 26, 2006, (71 FR 30393) constructed along the FLC and Oyster (1) State the region(s) to be a Notice of Intent to Prepare a Draft EIS Bay, but dredging of uplands, represented. to evaluate the full range of direct, waterbottoms, or wetlands for marina (2) State whether the nominee is indirect, and cumulative impacts of the construction would not be permitted. representing carriers, shippers or both. proposed development activities along The No Action Alternative in the EIS (3) Provide information on the the shoreline of the FLC. The EIS will serves as a benchmark against which the nominee’s personal qualifications, such be used as a basis for ensuring Preferred Alternative and alternatives as a bio or a resume. compliance with the National can be evaluated. (4) Include the commercial operations Environmental Policy Act (NEPA). 3. Alternative 2: Maximum Boat Slip of the carrier and/or shipper with whom alternative. Under the Maximum Boat the nominee is affiliated. This FOR FURTHER INFORMATION CONTACT: slip alternative, authorization for up to commercial operations information will Questions about the proposed action 3,093 boat slips on the FLC through the show the actual or estimated ton-miles and the DEIS should be addressed to year 2025 would be granted. The of each commodity carried or shipped Mr. Michael B. Moxey, Regulatory methodology used to calculate this on the inland waterways system in a Division, phone (251) 694–3771 or e- maximum number is presented in Table recent year (or years) using the mail at 10.3 of the Draft Waterway Capacity waterway regions and commodity [email protected], Study (WCS) (Appendix R of the EIS). categories previously listed. or Ms. Linda T. Brown, Coastal On the basis of implementing Nominations received in response to Environment Team, phone (251) 694– management options and approved site Federal Register notices published on 3786 or e-mail at plans, the WCS-recommended capacity February 17, 2006 (71 FR 8568), on July [email protected], Mobile in the year 2025 to avoid conflict with 7, 2006 (71 FR 38629), on February 16, District, U.S. Army Corps of Engineers, commercial navigation traffic is 254 2007 (72 FR 7620) and the notice P.O. Box 2288, Mobile, AL 36628–0001. boats on the FLC at any time. This published on July 11, 2008 (73 FR SUPPLEMENTARY INFORMATION: capacity translates to 3,639 boat slips on 39952) have been retained for 1. The permit applications propose the FLC. Because no detailed guidance consideration. Renomination is not construction of 15 mixed-use exists for calculating waterway capacity required but highly encouraged to developments along the FLC consisting for a waterbody similar to the FLC, the indicate continued interest and provide of the following: 17 marinas, in excess WCS recognizes that some uncertainty updated information. exists with the recommended capacity. of 16,700 condominium units, 1,722 wet ± e. Deadline for Nominations. All boat slips, 1,742 dry boat storage spaces, Therefore, a confidence range of 15 nominations must be received at the various commercial establishments, percent was applied, resulting in a address shown above no later than support facilities, and resort amenities. waterway capacity range of 3,093 to March 31, 2009. The projects are in south Baldwin 4,185 boat slips. Using a conservative approach in approving permits for County on 15 parcels of land, of which Brenda S. Bowen, marinas along the FLC, the USACE 14 are along the northern shoreline of Army Federal Register Liaison Officer. selected the low end of this range as the the FLC and are generally bounded to [FR Doc. E9–3893 Filed 2–23–09; 8:45 am] maximum number of boat slips that will the north by Baldwin County Road BILLING CODE 3720–58–P be approved. (C.R.) 4. The other parcel of land 4. Alternative 3: Minimum Boat Slip proposed for development is on the Alternative (Preferred Alternative). DEPARTMENT OF DEFENSE Oyster Bay southern shoreline, south of Under the Minimum Boat Slip the FLC. The portions of the properties Alternative, authorization for 1,818 boat Department of the Army; Corps of fronting the FLC are expected to be used slips through the first year of Engineers for water-based developments and will construction would initially be granted, include marinas, ship stores, and with the option of phasing-in 1,150 Draft Environmental Impact Statement associated infrastructure. The remaining for Residential, Commercial, and additional boat slips until the maximum portions of the properties are expected number of slips (3,093) is reached. The Marine Development Along the Gulf to accommodate mixed-use methodology used to calculate this Intracoastal Waterway, Foley Land Cut, development and will include number is presented in Table 9.3 of the Gulf Shores and Orange Beach, condominium units; amenities such as WCS. This alternative assumes that Baldwin County, AL pools, boardwalks, and restroom mitigation management options would AGENCY: Department of the Army, U.S. facilities; and light commercial outlets. not have been implemented by the first Corps of Engineers, DOD. Construction of the proposed projects year of construction but site plans have would impact approximately 711 acres ACTION: Notice of availability. been approved. As a result, the WCS- and require excavation of approximately recommended capacity in the year 2025 SUMMARY: This notice of availability 3,143,195 cubic yards of material from to avoid conflict with commercial announces the public release of the uplands, wetlands, and waterbottoms. navigation traffic is 191 boats on the Draft Environmental Impact Statement The DEIS examines the No Action FLC at any time. This capacity translates (EIS) for evaluation of 15 separate Alternative, Maximum Boat Slip to 2,139 boat slips on the FLC. Because permit applications under the authority Alternative, and Minimum Boat Slip no detailed guidance exists for of Section 10 of the Rivers and Harbors Alternative, as the principal alternatives calculating waterway capacity for a Act and Section 404 of the Clean Water for detailed analysis. These alternatives waterbody similar to the FLC, the WCS Act, for proposed mixed-use waterfront are described in the following recognizes that some uncertainty exists development along the Gulf Intracoastal paragraphs. with the recommended capacity.

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Therefore, a confidence range of ±15 or oral) may be presented at the public days to supply the applicant’s public percent was applied, resulting in a hearing to be held in March 2009 in water distribution system from existing waterway capacity range of 1,818 to Gulf Shores, AL. Additional information Wells Nos. 2, 3, 4, 5, 6, 7, 8, and 9 in 2,460 boat slips. Using a conservative on the public hearing will be mailed in the Cohansey Formation. The project is approach in approving permits for a public notice to the agencies and located in the Mantua Creek Watershed marinas along the FLC, the USACE public and announced in news releases. in Glassboro Borough, Gloucester selected the low end of this range Dated: February 17, 2009. County, New Jersey, in New Jersey Critical Water Supply Area 2. (1,818) as the number of boat slips that Craig J. Litteken, will be initially approved. Due to the 3. Womelsdorf-Robesonia Joint Chief, Regulatory Division. implementation of mitigation options, Authority D–98–23 CP–2. An specifically the construction of [FR Doc. E9–3887 Filed 2–23–09; 8:45 am] application for renewal of a ground dedicated commercial barge mooring BILLING CODE 3720–58–P water withdrawal project to continue locations, the number of boat slips the withdrawal of 23 mg/30 days to initially approved increased to 1,943. supply the applicant’s public water This number was derived by updating DELAWARE RIVER BASIN supply from existing Well Nos. 1, 2, 8 Tables 9.1, 9.3, and 10.2 in the WCS as COMMISSION and 9. The project is located in the a result of applying the ‘‘Commercial Precambrian and Cambrian age Vessels’’ updated reduction factor Notice of Commission Meeting and formations in the Tulpehocken Creek (Appendix R). The option of phasing-in Public Hearing Watershed in Millcreek Township, Lebanon County and Heidelberg 1,150 additional slips will begin after Notice is hereby given that the Township, Berks County, Pennsylvania. the first year of construction and occur Delaware River Basin Commission will at a rate of 25 percent (287 slips) every 4. Buckingham Township D–2003–13 hold an informal conference followed CP–5. An application for approval of a year for four years. An evaluation period by a public hearing on Wednesday, will occur each year to evaluate impacts ground water withdrawal project to March 11, 2009. The hearing will be supply up to 5.31 mg/30 days of water of increased recreational boat traffic on part of the Commission’s regular commercial barge navigation and overall to the applicant’s public water supply business meeting. The conference system from new Well No. F–8 and waterway safety. During this period, the session and business meeting both are applicant could implement mitigation retain the existing combined withdrawal open to the public and will be held at from all wells of 42.0 mg/30 days. The management options and provide the Commission’s office building, monitoring reports to include the project will allow the docket holder to located at 25 State Police Drive, West add flexibility and redundancy and will following: Trenton, New Jersey. • relieve stress on its Furlong distribution Additional baseline data to include The conference among the marina vessel use, peak volumes/flow system. The project is located in the commissioners and staff will begin at Limeport Formation in the Mill Creek rates, and peak hour uses. 10:30 a.m. and will consist of a • Impacts of projects on safety on the Watershed in Buckingham Township, presentation by representatives of the Bucks County, Pennsylvania and is FLC, including Alabama Marine Police National Weather Service and the U.S. and USCG reports. located in the Southeastern • Army Corps of Engineers on a project Pennsylvania Ground Water Protected Impacts on commercial navigation due to be completed later this year that operations, including impacts on Area. will make digital, interactive flood 5. United States Steel, LLC D–78–68– commercial traffic schedules. inundation maps available via the If during this evaluation period it is 2. An application for the approval of a Internet for the main stem Delaware determined that increased recreational 0.163 million gallon per day (mgd) River from Trenton to Port Jervis, boat traffic is having adverse impacts on discharge of treated sanitary wastewater excluding the Delaware Water Gap. The commercial barge navigation or safety, from Outfall No. 203; a 3.75 mgd presentation will be followed by q. and the USACE has the authority to deny discharge of industrial waste and non- a. permits for additional boat slips on the contact cooling water (NCCW) from The subjects of the public hearing to FLC. Outfall No. 103; and a NCCW discharge 5. The DEIS will be available for be held during the 1:30 p.m. business from Outfall No. 002. Additionally, the public review at the following locations: meeting include the dockets listed docket holder has requested increased Thomas B. Norton Public Library, 221 below: TDS effluent concentrations to support W. 19th Avenue, Gulf Shores AL 1. DuPont Country Club D–90–104–2. a new industrial client. The applicant 36542, (251) 968–1176. An application for renewal of a surface requests a TDS determination Fairhope Public Library, 161 N. Section water withdrawal project to continue establishing new daily maximum (2,200 Street, Fairhope AL 36532, (251) 928– the withdrawal of a maximum of 11 mg/l), monthly average (1,100 mg/l) and 7483. million gallons per thirty days (mg/30 instantaneous maximum (2,750 mg/l) Foley Public Library, 319 E. Laurel days) of water to irrigate approximately concentrations at Outfall No. 103. On- Street, Foley AL 36535, (251) 943– 80 acres of the applicant’s golf course site Outfalls Nos. 103 (IWTP), 203 7665. fairways. Surface water is withdrawn (WWTP) and 303 (stormwater only) all Orange Beach Public Library, 26267 from two existing intakes—one on discharge to Outfall No. 003. The project Canal Rd., Orange Beach AL 36561, Brandywine Creek and the other on WWTP, IWTP, and Outfall No. 002 all (251) 981–2923. Husband’s Run, a tributary of discharge to Water Quality Zone 2 of the Daphne Public Library, 2607 U.S. Hwy. Brandywine Creek. The project is Delaware River at River Mile 127.0. The 98, Daphne AL 36526, (251) 621– located in the Brandywine-Christina project facilities are located at the U.S. 2818. Watershed in the City of Wilmington, Steel Real Estate Keystone Industrial 6. Public comments can be submitted New Castle County, Delaware. Port Complex in Falls Township, Bucks through a variety of methods. Written 2. Borough of Glassboro D–96–54 CP– County, Pennsylvania. comments may be submitted to the 2. An application for the renewal of a 6. Eagle Lake Community Association Corps by mail, facsimile, or electronic ground water withdrawal project to D–87–55–2. An application to approve methods. Additional comments (written continue the withdrawal of 105 mg/30 the Association’s existing 0.5 mgd

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wastewater treatment plant (WWTP). discharges to an unnamed tributary of 14. Arcelor Mittal Plate LLC D–2008– The DRBC issued Docket No. D–87–55 Furnace Creek in Ruscombmanor 36–1. An application for approval of an on September 22, 1987, approving Township, Berks County, Pennsylvania. existing surface water withdrawal of up construction of a 0.4 mgd WWTP by the 10. Blue Mountain Ski Area D–2008– to 240 mg/30 days. The Arcelor Mittal Association. The WWTP discharges to 23–1. An application for approval of the Plate Industrial facility withdraws an unnamed tributary of Tamarack expansion of the Blue Mountain Ski surface water from two intakes. Intake Creek, a tributary of the Lehigh River, Area WWTP from 25,000 gallons per No. 1 withdraws approximately 0.8 mgd which flows to the Delaware River. The day (gpd) to 60,000 gpd. The project of surface water from Sucker Run, a project is located within the drainage WWTP is located in Lower tributary of the West Branch area to the section of the non-tidal Towamensing Township, Carbon Brandywine Creek. Intake No. 2 Delaware River known as the Lower County, Pennsylvania. The WWTP withdraws approximately 7.2 mgd of Delaware, which is designated as currently discharges to Buckwa Creek, a Special Protection Waters with the surface water from the West Branch tributary of Aquashicola Creek. If Brandywine Creek. The facility is classification Significant Resource approved, the project will discharge located in the City of Coatesville, Waters. The project is located in directly to Aquashicola Creek. Chester County, Pennsylvania. Covington Township, Lackawanna Aquashicola Creek is a tributary of the County, Pennsylvania. Lehigh River. The project WWTP is 15. FPL Energy Marcus Hook, L.P. D– 7. Waste Management Disposal located within the drainage area of the 2000–44–2. Approval is requested for Services of Pennsylvania, Inc. D–88–54– section of the non-tidal Delaware River minor corrections to the Descriptions 4. An application for renewal of known as the Lower Delaware, which is and Decisions Sections of Docket D– approval of a discharge of 0.1 mgd from classified as Special Protection Waters. 2000–44, issued to FPL Energy Marcus the Grows Landfill Leachate Treatment 11. Aqua Pennsylvania, Inc. D–2008– Hook, L.P., on September 28, 2000. Plant (LTP). Additionally, a TDS 25–1. An application for approval of the determination is requested to allow the The business meeting also will existing 0.150 mgd Ridley Creek Water include adoption of the Minutes of the plant’s monthly average effluent TDS Filtration Plant discharge. The discharge concentration to increase from 15,000 Commission’s December 10, 2009 consists of filter backwash from the business meeting; announcements of mg/l to 19,100 mg/l. The LTP outfall applicant’s water filtration plant. The discharges to the tidal Delaware River upcoming advisory committee meetings project discharges to Ridley Creek, and other events; a report on hydrologic via a cove in Water Quality Zone 2 at which is a tributary of the Delaware River Mile 125.64—1.0. The LTP is conditions in the basin; a report by the River within Water Quality Zone 4. The located in Falls Township, Bucks Executive Director; and a report by the project is located in Middletown County, Pennsylvania. A Notice of Commission’s General Counsel. Township, Delaware County, Application Received for construction Additional business meeting items will Pennsylvania. of a new 0.3 mgd LTP for the Grows include consideration by the 12. West Deptford Energy Station D– Landfill was published on November Commission of a resolution adopting 2008–27–1. An application to approve a 14, 2006 under Docket No. D–88–54–4. proposed amendments to the Water Since the proposed renewal will be cooling water withdrawal and industrial wastewater discharge associated with Code and Comprehensive Plan to processed first, the renewal will be implement water auditing, and a assigned Docket No. D–88–54–4. The the construction of a new gas fired, 1,500 megawatt combined cycle power resolution formally declaring DRBC’s application for approval of a new LTP, intention to review natural gas drilling to be reviewed separately, has been generation facility, known as the West Deptford Energy Station (WDES). The projects in shale formations in the assigned Docket No. D–88–54–5. Delaware Basin. An opportunity for 8. Croda, Inc. D–88–74–3. An WDES will withdraw an average of public dialogue will be provided at the application for an increase in the 222.6 mg/30 days and maximum of end of the meeting. applicant’s ground water withdrawal 287.7 mg/30 days of treated effluent from 60.04 mg/30 days to 76.63 mg/30 from the effluent pipeline of the Draft dockets scheduled for public days. DNREC denied a like request, and Gloucester County Utilities Authority hearing on March 11, 2009 will be the DRBC draft docket reflects that (GCUA) wastewater treatment plant as a posted on the Commission’s Web site, decision. Additionally, the applicant cooling water source. The WDES will http://www.drbc.net, where they can be requested renewal of its surface water also discharge a monthly average of 2.0 accessed through the Notice of allocation; however the DRBC staff are mgd (2.6 mgd daily maximum) of Commission Meeting and Public recommending that the Commission industrial wastewater back to GCUA’s Hearing. Additional documents relating consider a reduction. The purpose of the effluent pipeline (via WDES Outfall No. to the dockets and other items may be project is to continue to supply water DSN001A). The combined effluents will examined at the Commission’s offices. for heating and cooling purposes to the discharge from GCUA’s existing outfall Please contact William Muszynski at Croda, Inc. industrial facility from one (No. DSN001). The facility is located in 609–883–9500, extension 221, with any Delaware River Intake and Wells Nos. 8, West Deptford Township, Gloucester docket-related questions. 9, 10, 11, and 12. The existing County, New Jersey. groundwater allocation of 60.04 mg/30 13. Sunny Side Farms, Inc. D–2008– Individuals in need of an days is proposed to be renewed for all 32–1. A ground water withdrawal accommodation as provided for in the wells, but the surface water allocation is project to supply a maximum of 13.5 Americans with Disabilities Act who proposed to be reduced from 470.0 mg/ mg/30 days of water for the irrigation of wish to attend the informational 30 days to 99.0 mg/30 days. The project approximately 60 acres of wheat and meeting, conference session or hearings is located south of Interstate Route 295 soybeans from a single well known as should contact the commission in New Castle County, Delaware. Millville Farm Well. The well is located secretary directly at 609–883–9500 ext. 9. Ruscombmanor Township D–2007– in the Kirkwood-Cohansey Formation in 203 or through the Telecommunications 34 CP–1. An application for approval to the Maurice River Watershed in the City Relay Services (TRS) at 711, to discuss expand the Golden Oaks WWTP from of Millville, Cumberland County, New how the Commission can accommodate 0.025 mgd to 0.0645 mgd. The WWTP Jersey. your needs.

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Dated: February 18, 2009. collection on the respondents, including 2010–11 data collections (known Pamela M. Bush, through the use of information hereafter as ‘‘Amendment 3’’). These Commission Secretary. technology. changes do not affect the 2008–09 data [FR Doc. E9–3933 Filed 2–23–09; 8:45 am] Dated: February 19, 2009. collection now underway. These BILLING CODE 6360–01–P Angela C. Arrington, changes will allow NCES to make available on the College Navigator Web Director, Information Collections Clearance Division, Regulatory Information site data on institutional net prices and DEPARTMENT OF EDUCATION Management Services, Office of Management. a multi-year tuition calculator. In addition, we are including a set of Notice of Proposed Information Institute of Education Sciences changes to improve the data already Collection Requests Type of Review: Revision. collected in IPEDS that are based on Title: Integrated Postsecondary suggestions from the postsecondary AGENCY: Department of Education. Education Data System. education data community and IPEDS SUMMARY: The Director, Information Frequency: Annually. Technical Review Panel. These changes Collection Clearance Division, Affected Public: Businesses or other will improve the reporting of data Regulatory Information Management for-profit; Not-for-profit institutions; related to the new HEOA-mandated Services, Office of Management, invites State, Local, or Tribal Gov’t, SEAs or student-to-faculty ratio, and simplify comments on the proposed information LEAs IPEDS reporting and reduce reporting collection requests as required by the Reporting and Recordkeeping Hour burden for nondegree-granting Paperwork Reduction Act of 1995. Burden: institutions. DATES: Interested persons are invited to Responses: 58,090. Requests for copies of the proposed submit comments on or before April 27, Burden Hours: 189,133. information collection request may be 2009. Abstract: The National Center for accessed from http:// SUPPLEMENTARY INFORMATION: Section Education Statistics (NCES) is www.edicsweb.ed.gov, by selecting the 3506 of the Paperwork Reduction Act of requesting an amendment to its three- ‘‘Browse Pending Collections’’ link and 1995 (44 U.S.C. Chapter 35) requires year clearance for the Integrated by clicking on link number 3947. When that the Office of Management and Postsecondary Education Data System you access the information collection, Budget (OMB) provide interested (IPEDS) to run for the 2008–09, 2009– click on ‘‘Download Attachments’’ to Federal agencies and the public an early 10, and 2010–2011 Web-based data view. Written requests for information opportunity to comment on information collections. Current authorization for should be addressed to U.S. Department collection requests. OMB may amend or IPEDS expires January 31, 2012 (OMB of Education, 400 Maryland Avenue, waive the requirement for public No. 1850–0582). The Higher Education SW., LBJ, Washington, DC 20202–4537. consultation to the extent that public Opportunity Act (HEOA), which became Requests may also be electronically participation in the approval process law on August 14, 2008, after OMB had mailed to [email protected] or faxed would defeat the purpose of the already granted IPEDS a three-year to 202–401–0920. Please specify the information collection, violate State or clearance, has several implications for complete title of the information Federal law, or substantially interfere the IPEDS annual Web-based data collection when making your request. with any agency’s ability to perform its collection. The law requires the Comments regarding burden and/or statutory obligations. The Director, immediate implementation of several the collection activity requirements Regulatory Information Management new institutional reporting should be electronically mailed to Services, Office of Management, requirements so that the data may be [email protected]. Individuals who publishes that notice containing made available on the College Navigator use a telecommunications device for the proposed information collection Web site by August 2009. To meet these deaf (TDD) may call the Federal requests prior to submission of these statutory deadlines, NCES requested Information Relay Service (FIRS) at 1– requests to OMB. Each proposed two amendments to its clearance 800–877–8339. information collection, grouped by package from OMB, in order to meet the [FR Doc. E9–3924 Filed 2–23–09; 8:45 am] office, contains the following: (1) Type August 2009 deadline for several new BILLING CODE 4000–01–P of review requested, e.g. new, revision, requirements in the new law. First, a extension, existing or reinstatement; (2) change memo was sent to OMB on Title; (3) Summary of the collection; (4) August 19, 2008 (known as DEPARTMENT OF EDUCATION Description of the need for, and ‘‘Amendment 1’’). It included a small proposed use of, the information; (5) number of non-substantive changes to Notice of Proposed Information Respondents and frequency of the 2008–09 data collection based on Collection Requests collection; and (6) Reporting and/or the new requirements. OMB provided AGENCY: Department of Education. Recordkeeping burden. OMB invites clearance for those changes in a notice public comment. on August 26, 2008. Then, NCES SUMMARY: The Director, Information The Department of Education is submitted a revised clearance package Collection Clearance Division, especially interested in public comment (known as ‘‘Amendment 2’’). It included Regulatory Information Management addressing the following issues: (1) Is a limited number of additional Services, Office of Management, invites this collection necessary to the proper substantive changes to spring cycle of comments on the proposed information functions of the Department; (2) will the 2008–09 IPEDS Web-based data collection requests as required by the this information be processed and used collection. OMB provided clearance for Paperwork Reduction Act of 1995. in a timely manner; (3) is the estimate those changes in a notice on January 16, DATES: Interested persons are invited to of burden accurate; (4) how might the 2009. NCES now requests a third set of submit comments on or before April 27, Department enhance the quality, utility, revisions to the Original Clearance 2009. and clarity of the information to be Package to meet additional HEOA SUPPLEMENTARY INFORMATION: Section collected; and (5) how might the requirements for the collection of data 3506 of the Paperwork Reduction Act of Department minimize the burden of this related to net price in the 2009–10 and 1995 (44 U.S.C. Chapter 35) requires

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that the Office of Management and between program practices and SUPPLEMENTARY INFORMATION: Section Budget (OMB) provide interested outcomes. In particular, this evaluation 3506 of the Paperwork Reduction Act of Federal agencies and the public an early will focus on TAH program 1995 (44 U.S.C. Chapter 35) requires opportunity to comment on information contributions to teacher content that the Office of Management and collection requests. OMB may amend or knowledge and student achievement. Budget (OMB) provide interested waive the requirement for public The data collection activities for which Federal agencies and the public an early consultation to the extent that public we are seeking OMB approval are the opportunity to comment on information participation in the approval process case studies portion of the evaluation. collection requests. OMB may amend or would defeat the purpose of the The purpose of the case study visits will waive the requirement for public information collection, violate State or be to deepen our understanding of the consultation to the extent that public Federal law, or substantially interfere factors and conditions that support participation in the approval process with any agency’s ability to perform its improved outcomes in student would defeat the purpose of the statutory obligations. The Director, achievement and teacher content information collection, violate State or Regulatory Information Management knowledge as a result of participation in Federal law, or substantially interfere Services, Office of Management, the grant and to describe practices for with any agency’s ability to perform its publishes that notice containing various subgroups of teachers. This statutory obligations. The Director, proposed information collection evaluation (including the case studies Regulatory Information Management requests prior to submission of these portion of which we are seeking OMB Services, Office of Management, requests to OMB. Each proposed approval) is crucial for establishing publishes that notice containing information collection, grouped by whether the TAH program is working as proposed information collection office, contains the following: (1) Type intended by Congress, and for requests prior to submission of these of review requested, e.g. new, revision, identifying which elements of the requests to OMB. Each proposed extension, existing or reinstatement; (2) program are most effective. information collection, grouped by Title; (3) Summary of the collection; (4) Requests for copies of the proposed office, contains the following: (1) Type Description of the need for, and information collection request may be of review requested, e.g. new, revision, proposed use of, the information; (5) accessed from http:// extension, existing or reinstatement; (2) Respondents and frequency of www.edicsweb.ed.gov, by selecting the Title; (3) Summary of the collection; (4) collection; and (6) Reporting and/or ‘‘Browse Pending Collections’’ link and Description of the need for, and Recordkeeping burden. OMB invites by clicking on link number 3955. When proposed use of, the information; (5) public comment. you access the information collection, Respondents and frequency of The Department of Education is click on ‘‘Download Attachments’’ to collection; and (6) Reporting and/or especially interested in public comment view. Written requests for information Recordkeeping burden. OMB invites addressing the following issues: (1) Is should be addressed to U.S. Department public comment. this collection necessary to the proper of Education, 400 Maryland Avenue, The Department of Education is functions of the Department; (2) will SW., LBJ, Washington, DC 20202–4537. especially interested in public comment this information be processed and used Requests may also be electronically addressing the following issues: in a timely manner; (3) is the estimate mailed to [email protected] or faxed (1) Is this collection necessary to the of burden accurate; (4) how might the to 202–401–0920. Please specify the proper functions of the Department; (2) Department enhance the quality, utility, complete title of the information will this information be processed and and clarity of the information to be collection when making your request. used in a timely manner; (3) is the collected; and (5) how might the Comments regarding burden and/or estimate of burden accurate; (4) how Department minimize the burden of this the collection activity requirements might the Department enhance the collection on the respondents, including should be electronically mailed to quality, utility, and clarity of the through the use of information [email protected]. Individuals who information to be collected; and (5) how technology. use a telecommunications device for the might the Department minimize the Dated: February 19, 2009. deaf (TDD) may call the Federal burden of this collection on the Angela C. Arrington, Information Relay Service (FIRS) at respondents, including through the use of information technology. Director, Information Collections Clearance 1–800–877–8339. Division, Regulatory Information [FR Doc. E9–3925 Filed 2–23–09; 8:45 am] Dated: February 19, 2009. Management Services, Office of Management. BILLING CODE 4000–01–P Angela C. Arrington, Office of Planning, Evaluation and Director, Information Collections Clearance Policy Development Division, Regulatory Information DEPARTMENT OF EDUCATION Management Services, Office of Management. Type of Review: New. Title: Evaluation of the Teaching Notice of Proposed Information Federal Student Aid American History Grants Program: Data Collection Requests Type of Review: Revision. Collection Instruments. Title: William D. Ford Federal Direct Frequency: Annually. AGENCY: Department of Education. Loan (Direct Loan) Program: Alternative Affected Public: Individuals or SUMMARY: The Director, Information Documentation of Income. household. Collection Clearance Division, Frequency: On occasion. Reporting and Recordkeeping Hour Regulatory Information Management Affected Public: Individuals or Burden: Services, Office of Management, invites household. Responses: 384. comments on the proposed information Reporting and Recordkeeping Hour Burden Hours: 416. collection requests as required by the Burden: Abstract: This evaluation is the first Paperwork Reduction Act of 1995. Responses: 863,657. systematic study of the Teaching DATES: Interested persons are invited to Burden Hours: 285,007. American History (TAH) Grants submit comments on or before April 27, Abstract: This form serves as the Program that focuses on the relationship 2009. means by which a borrower who is

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repaying Direct Loan Program loans collection requests. OMB may amend or the majority of the data collection, under the Income-Contingent waive the requirement for public including the teacher survey and Repayment (ICR) Plan or the Income- consultation to the extent that public collection of teacher contact Based Repayment (IBR) Plan provides participation in the approval process information, a teacher math content the U.S. Department of Education (the would defeat the purpose of the knowledge assessment, a form for Department) with alternative information collection, violate State or teachers to release their test scores to documentation of the borrower’s income Federal law, or substantially interfere the study team, parent/guardian consent if the borrower’s adjusted gross income with any agency’s ability to perform its forms, collection of school records data, (AGI) is not available from the IRS, or statutory obligations. The Director, a student math assessment and students’ if the Department believes that the Regulatory Information Management assent for taking the assessment, and a borrower’s most recently reported AGI Services, Office of Management, protocol for semi-structured interviews does not accurately reflect the publishes that notice containing of alternative certification program borrower’s current income. Under the proposed information collection administrators. Direct Loan Program regulations, a requests prior to submission of these Requests for copies of the proposed borrower’s AGI is used to calculate the requests to OMB. Each proposed information collection request may be monthly loan repayment amount under information collection, grouped by accessed from http:// the ICR and IBR plans. office, contains the following: (1) Type www.edicsweb.ed.gov, by selecting the Requests for copies of the proposed of review requested, e.g. new, revision, ‘‘Browse Pending Collections’’ link and information collection request may be extension, existing or reinstatement; (2) by clicking on link number 3950. When accessed from http:// Title; (3) Summary of the collection; (4) you access the information collection, www.edicsweb.ed.gov, by selecting the Description of the need for, and click on ‘‘Download Attachments’’ to ‘‘Browse Pending Collections’’ link and proposed use of, the information; (5) view. Written requests for information by clicking on link number 3967. When Respondents and frequency of should be addressed to U.S. Department you access the information collection, collection; and (6) Reporting and/or of Education, 400 Maryland Avenue, click on ‘‘Download Attachments’’ to Recordkeeping burden. OMB invites SW., LBJ, Washington, DC 20202–4537. view. Written requests for information public comment. Requests may also be electronically should be addressed to U.S. Department The Department of Education is mailed to [email protected] or faxed of Education, 400 Maryland Avenue, especially interested in public comment to 202–401–0920. Please specify the SW., LBJ, Washington, DC 20202–4537. addressing the following issues: (1) Is complete title of the information Requests may also be electronically this collection necessary to the proper collection when making your request. mailed to [email protected] or faxed functions of the Department; (2) will Comments regarding burden and/or to 202–401–0920. Please specify the this information be processed and used the collection activity requirements complete title of the information in a timely manner; (3) is the estimate should be electronically mailed to collection when making your request. [email protected]. Individuals who Comments regarding burden and/or of burden accurate; (4) how might the Department enhance the quality, utility, use a telecommunications device for the the collection activity requirements deaf (TDD) may call the Federal should be electronically mailed to and clarity of the information to be collected; and (5) how might the Information Relay Service (FIRS) at [email protected]. Individuals who 1–800–877–8339. use a telecommunications device for the Department minimize the burden of this deaf (TDD) may call the Federal collection on the respondents, including [FR Doc. E9–3927 Filed 2–23–09; 8:45 am] Information Relay Service (FIRS) at through the use of information BILLING CODE 4000–01–P 1–800–877–8339. technology. [FR Doc. E9–3926 Filed 2–23–09; 8:45 am] Dated: February 19, 2009. DEPARTMENT OF EDUCATION BILLING CODE 4000–01–P Angela C. Arrington, Director, Information Collections Clearance Notice of Proposed Information Division, Regulatory Information Collection Requests DEPARTMENT OF EDUCATION Management Services, Office of Management. AGENCY: Department of Education. Notice of Proposed Information Institute of Education Sciences SUMMARY: The Director, Information Collection Requests Type of Review: New. Collection Clearance Division, Title: Evaluation of Secondary Math AGENCY: Department of Education. Regulatory Information Management Teachers from Two Highly Selective Services, Office of Management, invites SUMMARY: The Director, Information Routes to Alternative Certification comments on the proposed information Collection Clearance Division, Frequency: One time. Regulatory Information Management Affected Public: Individuals or collection requests as required by the Services, Office of Management, invites household. Paperwork Reduction Act of 1995. comments on the proposed information Reporting and Recordkeeping Hour DATES: Interested persons are invited to collection requests as required by the Burden: submit comments on or before April 27, Paperwork Reduction Act of 1995. Responses: 26,929. 2009. DATES: Interested persons are invited to Burden Hours: 11,582. SUPPLEMENTARY INFORMATION: Section submit comments on or before April 27, Abstract: The Evaluation of 3506 of the Paperwork Reduction Act of 2009. Secondary Math Teachers from Two 1995 (44 U.S.C. Chapter 35) requires SUPPLEMENTARY INFORMATION: Section Highly Selective Routes to Alternative that the Office of Management and 3506 of the Paperwork Reduction Act of Certification will examine the relative Budget (OMB) provide interested 1995 (44 U.S.C. Chapter 35) requires effectiveness of secondary math Federal agencies and the public an early that the Office of Management and achievement of teachers who obtain opportunity to comment on information Budget (OMB) provide interested certification through the two largest collection requests. OMB may amend or Federal agencies and the public an early highly selective routes to alternative waive the requirement for public opportunity to comment on information certification. This second package is for consultation to the extent that public

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participation in the approval process Requests for copies of the proposed office, contains the following: (1) Type would defeat the purpose of the information collection request may be of review requested, e.g. new, revision, information collection, violate State or accessed from http:// extension, existing or reinstatement; (2) Federal law, or substantially interfere www.edicsweb.ed.gov, by selecting the Title; (3) Summary of the collection; (4) with any agency’s ability to perform its ‘‘Browse Pending Collections’’ link and Description of the need for, and statutory obligations. The Director, by clicking on link number 3948. When proposed use of, the information; (5) Regulatory Information Management you access the information collection, Respondents and frequency of Services, Office of Management, click on ‘‘Download Attachments’’ to collection; and (6) Reporting and/or publishes that notice containing view. Written requests for information Recordkeeping burden. OMB invites proposed information collection should be addressed to U.S. Department public comment. requests prior to submission of these of Education, 400 Maryland Avenue, The Department of Education is requests to OMB. Each proposed SW., LBJ, Washington, DC 20202–4537. especially interested in public comment information collection, grouped by Requests may also be electronically addressing the following issues: (1) Is office, contains the following: (1) Type mailed to [email protected] or faxed this collection necessary to the proper of review requested, e.g. new, revision, to 202–401–0920. Please specify the functions of the Department; (2) will extension, existing or reinstatement; (2) complete title of the information this information be processed and used Title; (3) Summary of the collection; (4) collection when making your request. in a timely manner; (3) is the estimate Description of the need for, and Comments regarding burden and/or of burden accurate; (4) how might the proposed use of, the information; (5) the collection activity requirements Department enhance the quality, utility, Respondents and frequency of should be electronically mailed to and clarity of the information to be collection; and (6) Reporting and/or [email protected]. Individuals who collected; and (5) how might the Recordkeeping burden. OMB invites use a telecommunications device for the Department minimize the burden of this public comment. deaf (TDD) may call the Federal collection on the respondents, including The Department of Education is Information Relay Service (FIRS) at 1– through the use of information especially interested in public comment 800–877–8339. technology. addressing the following issues: (1) Is [FR Doc. E9–3928 Filed 2–23–09; 8:45 am] Dated: February 19, 2009. this collection necessary to the proper BILLING CODE 4000–01–P Angela C. Arrington, functions of the Department; (2) will Director, Information Collections Clearance this information be processed and used Division, Regulatory Information in a timely manner; (3) is the estimate DEPARTMENT OF EDUCATION Management Services, Office of Management. of burden accurate; (4) how might the Department enhance the quality, utility, Notice of Proposed Information Institute of Education Sciences and clarity of the information to be Collection Requests Type of Review: Extension. collected; and (5) how might the Title: Quick Response Information AGENCY: Department of Education. Department minimize the burden of this System (QRIS). collection on the respondents, including SUMMARY: The Director, Information Frequency: One time. through the use of information Collection Clearance Division, Affected Public: Individuals or technology. Regulatory Information Management household; not-for-profit institutions; Services, Office of Management, invites Dated: February 19, 2009. State, Local, or Tribal Gov’t, SEAs or comments on the proposed information Angela C. Arrington, LEAs. collection requests as required by the Reporting and Recordkeeping Hour Director, Information Collections Clearance Paperwork Reduction Act of 1995. Division, Regulatory Information Burden: Management Services, Office of Management. DATES: Interested persons are invited to Responses: 3,655. submit comments on or before April 27, Burden Hours: 7,889. Federal Student Aid 2009. Abstract: The National Center for Type of Review: Extension. SUPPLEMENTARY INFORMATION: Section Education Statistics (NCES) Quick Title: Teacher Cancellation Low 3506 of the Paperwork Reduction Act of Response Information System (QRIS) Income Directory. 1995 (44 U.S.C. Chapter 35) requires consists of the Fast Response Survey Frequency: Annually. that the Office of Management and System (FRSS) and the Postsecondary Affected Public: Budget (OMB) provide interested Education Quick Information System Individuals or household; State, Federal agencies and the public an early (PEQIS). The QRIS currently conducts Local, or Tribal Gov’t, SEAs or LEAs. opportunity to comment on information surveys under OMB generic clearance Reporting and Recordkeeping Hour collection requests. OMB may amend or 1850–0733, which expires in October Burden: waive the requirement for public 2009. This clearance request represents Responses: 57. consultation to the extent that public a request for a continuation of the Burden Hours: 6983. participation in the approval process current clearance conditions through Abstract: State Agencies contribute to would defeat the purpose of the October 2012. FRSS primarily conducts the development of a directory of information collection, violate State or surveys of the elementary/secondary elementary and secondary schools and Federal law, or substantially interfere sector (districts, schools) and public educational service agencies that serve with any agency’s ability to perform its libraries. PEQIS conducts surveys of the low-income families. The directory statutory obligations. The Director, postsecondary education sector. FRSS allows post-secondary institutions to Regulatory Information Management and PEQIS surveys are cleared under determine whether or not a Federal Services, Office of Management, the QRIS generic clearance. The QRIS Perkins Loan, Direct loan, or Federal publishes that notice containing clearance goes through the regular Family Education Loan at their school is proposed information collection clearance process at OMB with a 60-day eligible to receive a loan cancellation as requests prior to submission of these notice and a 30-day notice as part of the provided under Title I of the Elementary requests to OMB. Each proposed 120-day review period. The QRIS and Secondary Education Act of 1965. information collection, grouped by package describes the general scope of

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the surveys, their quick turnaround ADDRESSES: Written comments should evaluation design is an experiment in time, their length, size of sample, be addressed to the Office of which the researchers will randomly sample design, and some typical topics. Information and Regulatory Affairs, assign secondary school students to a Each individual FRSS or PEQIS survey Attention: Education Desk Officer, treatment or control group. This goes into the clearance process with an Office of Management and Budget, 725 submission includes the justification abbreviated clearance package, 17th Street, NW., Room 10222, New and plan for the data collection of justifying the particular content of the Executive Office Building, Washington, information and statistical methods for survey, describing the sample design, DC 20503 or faxed to (202) 395–6974. the evaluation. The package also the timeline for the survey activities, SUPPLEMENTARY INFORMATION: Section provides an overview of the study, and the questionnaire. The review 3506 of the Paperwork Reduction Act of including its design and data collection period for each individual survey is 1995 (44 U.S.C. Chapter 35) requires procedures. approximately 45 days, including a 30- that the Office of Management and Requests for copies of the information day Federal Register notice period. Budget (OMB) provide interested collection submission for OMB review OMB will provide comments as soon Federal agencies and the public an early may be accessed from http:// after the end of the 30-day notice period opportunity to comment on information edicsweb.ed.gov, by selecting the as possible. This generic clearance collection requests. OMB may amend or ‘‘Browse Pending Collections’’ link and request is for surveys of state education waive the requirement for public by clicking on link number 3921. When agencies, school districts, schools, consultation to the extent that public you access the information collection, postsecondary institutions, and participation in the approval process click on ‘‘Download Attachments’’ to libraries. Surveys of teachers, students, would defeat the purpose of the view. Written requests for information commercial establishments, and information collection, violate State or should be addressed to U.S. Department households are not included in this Federal law, or substantially interfere of Education, 400 Maryland Avenue, request. with any agency’s ability to perform its SW., LBJ, Washington, DC 20202–4537. Requests for copies of the proposed statutory obligations. The Director, Requests may also be electronically information collection request may be Regulatory Information Management mailed to the Internet address accessed from http:// Services, Office of Management, [email protected] or faxed to 202– www.edicsweb.ed.gov, by selecting the publishes that notice containing 401–0920. Please specify the complete ‘‘Browse Pending Collections’’ link and proposed information collection title of the information collection when by clicking on link number 3965. When requests prior to submission of these making your request. you access the information collection, requests to OMB. Each proposed Comments regarding burden and/or click on ‘‘Download Attachments’’ to information collection, grouped by the collection activity requirements view. Written requests for information office, contains the following: (1) Type should be electronically mailed to should be addressed to U.S. Department of review requested, e.g. new, revision, [email protected]. Individuals who of Education, 400 Maryland Avenue, extension, existing or reinstatement; (2) use a telecommunications device for the SW., LBJ, Washington, DC 20202–4537. Title; (3) Summary of the collection; (4) deaf (TDD) may call the Federal Requests may also be electronically Description of the need for, and Information Relay Service (FIRS) at 1– mailed to [email protected] or faxed proposed use of, the information; (5) 800–877–8339. to 202–401–0920. Please specify the Respondents and frequency of [FR Doc. E9–3932 Filed 2–23–09; 8:45 am] complete title of the information collection; and (6) Reporting and/or BILLING CODE 4000–01–P collection when making your request. Recordkeeping burden. OMB invites Comments regarding burden and/or public comment. the collection activity requirements Dated: February 19, 2009. DEPARTMENT OF ENERGY should be electronically mailed to Angela C. Arrington, [email protected]. Individuals who Federal Energy Regulatory use a telecommunications device for the Director, Information Collections Clearance Commission Division, Regulatory Information deaf (TDD) may call the Federal Management Services, Office of Management. Information Relay Service (FIRS) at 1– [Docket No. CP09–36–001] Institute of Education Sciences 800–877–8339. Southern Natural Gas Company; [FR Doc. E9–3930 Filed 2–23–09; 8:45 am] Type of Review: New Collection. Notice of Amendment to Application BILLING CODE 4000–01–P Title: Evaluation of Secondary Math Teachers from Two Highly Selective February 17, 2009. Routes to Alternative Certification. Take notice that on February 10, 2009, DEPARTMENT OF EDUCATION Frequency: One time. Southern Natural Gas Company Affected Public: Individuals or (Southern), P.O. Box 2563, Birmingham, Submission for OMB Review; household. Alabama 35202–2563, filed, pursuant to Comment Request Reporting and Recordkeeping Hour section 7 of the Natural Gas Act (NGA) Burden: and Part 157 of the Commission’s AGENCY: Department of Education. Responses: 5,270. regulations in the above referenced SUMMARY: The Director, Information Burden Hours: 1,185. docket an application to amend its Collection Clearance Division, Abstract: The objective of the pending application in Docket No. Regulatory Information Management evaluation is to estimate the impact on CP09–36–000 filed on December 15, Services, Office of Management invites secondary student math achievement of 2008, for a certificate of public comments on the submission for OMB teachers who obtain certification via convenience and necessity authorizing review as required by the Paperwork Highly Selective Routes to Alternative the construction, installation, and Reduction Act of 1995. Certification (HSAC) routes compared operation of certain pipeline, DATES: Interested persons are invited to with teachers who receive certification compression, measurement, submit comments on or before March through traditional or less selective interconnection, and appurtenant 26, 2009. alternative certification routes. The facilities in the states of Alabama,

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Mississippi, and Georgia, and the the date of issuance of the Commission The Commission strongly encourages abandonment and replacement of staff’s FEIS or EA. electronic filings of comments, protests certain other sections of its pipeline There are two ways to become and interventions in lieu of paper using system in the states of Alabama and involved in the Commission’s review of the ‘‘eFiling’’ link at http:// Georgia (SSEIII Project), all as more this project. First, any person wishing to www.ferc.gov. Persons unable to file fully set forth in the application which obtain legal status by becoming a party electronically should submit an original is on file with the Commission and open to the proceedings for this project and 14 copies of the protest or to public inspection. The filing is should, on or before the comment date intervention to the Federal Energy available for review at the Commission stated below file with the Federal Regulatory Commission, 888 First in the Public Reference Room or may be Energy Regulatory Commission, 888 Street, NE., Washington, DC 20426. viewed on the Commission’s Web site at First Street, NE., Washington, DC 20426, This filing is accessible on-line at http://www.ferc.gov using the a motion to intervene in accordance http://www.ferc.gov, using the ‘‘eLibrary’’ link. Enter the docket with the requirements of the ‘‘eLibrary’’ link and is available for number excluding the last three digits in Commission’s Rules of Practice and review in the Commission’s Public the docket number field to access the Procedure (18 CFR 385.214 or 385.211) Reference Room in Washington, DC. document. For assistance, contact FERC and the Regulations under the NGA (18 There is an ‘‘eSubscription’’ link on the at [email protected] or call CFR 157.10). A person obtaining party Web site that enables subscribers to toll-free, (886) 208–3676 or TTY, (202) status will be placed on the service list receive e-mail notification when a 502–8659. maintained by the Secretary of the document is added to a subscribed Specifically, Southern proposes to in Commission and will receive copies of docket(s). For assistance with any FERC its amendment to change the pipeline all documents filed by the applicant and Online service, please e-mail diameter for the proposed Thomaston- by all other parties. A party must submit [email protected], or call Griffin Loop from 30 inches to 36 14 copies of filings made in the (866) 208–3676 (toll free). For TTY, call inches. In addition, Southern proposes proceeding with the Commission and (202) 502–8659. to reduce the length of the proposed must mail a copy to the applicant and Comment Date: March 10, 2009. to every other party. Only parties to the Gwinville Loop from 14.3 miles to 12.0 Kimberly D. Bose, miles and the length of the proposed proceeding can ask for court review of Secretary. Gallion Loop from 9.75 to 5.2 miles. Commission orders in the proceeding. However, a person does not have to Southern states that the purpose of the [FR Doc. E9–3852 Filed 2–23–09; 8:45 am] intervene in order to have comments facility modifications is to accommodate BILLING CODE 6717–01–P considered. The second way to a delivery point shift at the request of participate is by filing with the an existing shipper, Atlanta Gas Light Secretary of the Commission, as soon as DEPARTMENT OF ENERGY Company. Southern asserts that the possible, an original and two copies of proposed changes will result in a cost comments in support of or in opposition Federal Energy Regulatory savings of approximately $200,000. to this project. The Commission will Commission Southern does not propose any other consider these comments in [Project No. 459–249] changes to its SSEIII Project, including determining the appropriate action to be the proposed levels of service, rates, and taken, but the filing of a comment alone Ameren/UE; Notice of Application for phasing. will not serve to make the filer a party Amendment of License and Soliciting Any questions concerning this to the proceeding. The Commission’s Comments, Motions To Intervene, and application may be directed to John C. rules require that persons filing Protests Griffin, Senior Counsel, Southern comments in opposition to the project Natural Gas Company, P.O. Box 2563, provide copies of their protests only to February 17, 2009. Birmingham, Alabama 35202–2563 at the party or parties directly involved in a. Type of Application: Non-project (205) 325–7133. the protest. use of project lands and waters. Pursuant to section 157.9 of the Persons who wish to comment only b. Project Number: 459–249. Commission’s rules, 18 CFR 157.9, on the environmental review of this c. Date Filed: December 22, 2008. within 90 days of this Notice, the project should submit an original and d. Applicant: Ameren/UE. Commission staff will either: complete two copies of their comments to the e. Name of Project: Osage the environmental assessment (EA) and Secretary of the Commission. Hydroelectric Project. place it into the Commission’s public Environmental commentors will be f. Location: The project is located in record (eLibrary) for this proceeding; or placed on the Commission’s Benton, Camden, Miller, and Morgan issue a Notice of Schedule for environmental mailing list, will receive Counties, Missouri. The proposed use Environmental Review. If a Notice of copies of the environmental documents, would be located at the Paradise Schedule for Environmental Review is and will be notified of meetings Tropical Restaurant, Inc., near mile issued, it will indicate, among other associated with the Commission’s marker 24 of the main channel of the milestones, the anticipated date for the environmental review process. Lake of the Ozarks in Camden County, Commission staff’s issuance of the final Environmental commentors will not be Missouri. environmental impact statement (FEIS) required to serve copies of filed g. Filed Pursuant to: Federal Power or EA for this proposal. The filing of the documents on all other parties. Act, 16 U.S.C. 791(a) 825(r) and 799 and EA in the Commission’s public record However, the non-party commentors 801. for this proceeding or the issuance of a will not receive copies of all documents h. Applicant Contact: Mr. Jeff Green, Notice of Schedule for Environmental filed by other parties or issued by the Shoreline Supervisor, Ameren/UE, P.O. Review will serve to notify federal and Commission (except for the mailing of Box 993, Lake Ozark, MO 65049, (573) state agencies of the timing for the environmental documents issued by the 365–9214. completion of all necessary reviews, and Commission) and will not have the right i. FERC Contact: Any questions on the subsequent need to complete all to seek court review of the this notice should be addressed to federal authorizations within 90 days of Commission’s final order. Christopher Yeakel at (202) 502–8132,

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or e-mail address: party to the proceeding. Any comments, Counties, Missouri. The proposed action [email protected]. protests, or motions to intervene must would be located at Captain Ron’s j. Deadline for filing comments and/ be received on or before the specified Restaurant near mile marker 34.2+0.4 in or motions: March 17, 2009. comment date for the particular Francis Hollow Cove on the Lake of the k. Description of Request: Ameren/UE application. Ozarks, in Camden County, Missouri. requests approval to permit Tucker o. Filing and Service of Responsive g. Filed Pursuant to: Federal Power Investments, LLC, to modify an existing Documents—Any filings must bear in Act, 16 U.S.C. 791(a) 825(r) and 799 and multi-slip boat dock and construct a all capital letters the title 801. breakwater at the Paradise Tropical ‘‘COMMENTS’’, h. Applicant Contact: Mr. Jeff Green, Restaurant, Inc., near mile marker 24 of ‘‘RECOMMENDATIONS FOR TERMS Shoreline Supervisor, Ameren/UE, P.O. the main channel of the Lake of the AND CONDITIONS’’, ‘‘PROTEST’’, OR Box 993, Lake Ozark, MO 65049, (573) Ozarks. The existing dock has 13 double ‘‘MOTION TO INTERVENE’’, as 365–9214. slips. The modified dock would have a applicable, and the Project Number of i. FERC Contact: Any questions on total of 18 double boat slips; twelve the particular application to which the this notice should be addressed to slips would be 28 feet long and 24 feet filing refers (p–459–249). All documents Christopher Yeakel at (202) 502–8132, wide and six would be 28 feet long and (original and eight copies) should be or e-mail address: 28 feet wide. The docks would be filed with: Kimberly D. Bose, Secretary, [email protected]. available to patrons of Paradise Tropical Federal Energy Regulatory Commission, j. Deadline for Filing Comments and/ Restaurant. The breakwater would be a 888 First Street, NE., Washington DC or Motions: March 17, 2009. k. Description of Request: Ameren/UE floating-concrete design 320 feet long 20426. A copy of any motion to requests approval to permit Buccaneer and 12 feet wide, and would have intervene must also be served upon each Bay, LLC, to modify 4 existing multi- seventeen navigation lights. The representative of the Applicant existing fuel-dispensing facilities would slip boat docks and construct 2 new specified in the particular application. multi-slip boat docks at Captain Ron’s remain. In developing the application, p. Agency Comments—Federal, state, Restaurant. The existing docks would be the licensee consulted with the Missouri and local agencies are invited to file State Historic Preservation Officer, U.S. reconfigured to be consistent with comments on the described application. AmerenUE’s shoreline permitting Fish and Wildlife Service, the Missouri A copy of the application may be Department of Conservation, and the guidelines. One existing dock would obtained by agencies directly from the expand from 14 to 20 covered single Missouri State Water Patrol. Applicant. If an agency does not file l. Locations of the Application: A slips. One proposed dock would consist comments within the time specified for copy of the application is available for of 8 double uncovered slips and extend filing comments, it will be presumed to inspection and reproduction at the 132 feet from the shoreline; the other have no comments. One copy of an Commission’s Public Reference Room, proposed dock would consist of 8 single agency’s comments must also be sent to located at 888 First Street, NE., Room covered slips and extend 138 feet from the Applicant’s representatives. 2A, Washington, DC 20426, or by calling the shoreline. Approval of the licensee’s q. Comments, protests and (202) 502–8371. This filing may also be proposal would increase the permitted interventions may be filed electronically viewed on the Commission’s Web site at watercraft capacity of the facilities from via the Internet in lieu of paper. See, 18 http://www.ferc.gov using the 88 to 118 watercraft. The docks would CFR 385.2001(a)(1)(iii) and the ‘‘eLibrary’’ link. Enter the docket be available to patrons of Captain Ron’s instructions on the Commission’s Web number excluding the last three digits in Restaurant. No dredging, fuel site at http://www.ferc.gov under the the docket number field (p-459) to dispensing, or sewage pumping access the document. You may also ‘‘e-Filing’’ link. facilities are proposed. In developing register online at http://www.ferc.gov/ Kimberly D. Bose, the application, the licensee consulted docs-filing/esubscription.asp to be Secretary. with the Missouri State Historic notified via e-mail of new filings and [FR Doc. E9–3856 Filed 2–23–09; 8:45 am] Preservation Officer, U.S. Fish and Wildlife Service, the Missouri issuances related to this or other BILLING CODE 6717–01–P pending projects. For assistance, call 1– Department of Conservation, and the 866–208–3372 or e-mail Missouri State Water Patrol. [email protected], for TTY, DEPARTMENT OF ENERGY l. Locations of the Application: A call (202) 502–8659. A copy is also copy of the application is available for available for inspection and Federal Energy Regulatory inspection and reproduction at the reproduction at the address in item (h) Commission Commission’s Public Reference Room, located at 888 First Street, NE, Room above. [Project No. 459–253] m. Individuals desiring to be included 2A, Washington, DC 20426, or by calling on the Commission’s mailing list should Ameren/UE; Notice of Application for (202) 502–8371. This filing may also be so indicate by writing to the Secretary Amendment of License and Soliciting viewed on the Commission’s Web site at of the Commission. Comments, Motions To Intervene, and http://www.ferc.gov using the n. Comments, Protests, or Motions to Protests ‘‘eLibrary’’ link. Enter the docket Intervene—Anyone may submit number excluding the last three digits in comments, a protest, or a motion to February 17, 2009. the docket number field (p-459) to intervene in accordance with the a. Type of Application: Non-project access the document. You may also requirements of Rules of Practice and use of project lands and waters. register online at http://www.ferc.gov/ Procedure, 18 CFR 385.210, .211, .214. b. Project Number: 459–253. docs-filing/esubscription.asp to be In determining the appropriate action to c. Date Filed: February 4, 2009. notified via e-mail of new filings and take, the Commission will consider all d. Applicant: Ameren/UE. issuances related to this or other protests or other comments filed, but e. Name of Project: Osage pending projects. For assistance, call 1– only those who file a motion to Hydroelectric Project. 866–208–3372 or e-mail intervene in accordance with the f. Location: The project is located in [email protected], for TTY, Commission’s Rules may become a Benton, Camden, Miller, and Morgan call (202) 502–8659. A copy is also

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available for inspection and DEPARTMENT OF ENERGY this project. First, any person wishing to reproduction at the address in item (h) obtain legal status by becoming a party above. Federal Energy Regulatory to the proceedings for this project Commission m. Individuals desiring to be included should, on or before the comment date stated below, file with the Federal on the Commission’s mailing list should [Docket No. CP09–58–000] Energy Regulatory Commission, 888 so indicate by writing to the Secretary First Street, NE., Washington, DC 20426, of the Commission. Rockies Express Pipeline LLC; Notice of Application a motion to intervene in accordance n. Comments, Protests, or Motions To with the requirements of the Intervene—Anyone may submit February 17, 2009. Commission’s Rules of Practice and comments, a protest, or a motion to Take notice that on February 3, 2009, Procedure (18 CFR 385.214 or 385.211) intervene in accordance with the Rockies Express Pipeline LLC (Rockies and the Regulations under the NGA (18 requirements of Rules of Practice and Express) 370 Van Gordon Street, CFR 157.10). A person obtaining party Procedure, 18 CFR 385.210, .211, .214. Lakewood, Colorado 80228, filed an status will be placed on the service list In determining the appropriate action to application in Docket No. CP09–58–000, maintained by the Secretary of the take, the Commission will consider all pursuant to section 7(c) of the Natural Commission and will receive copies of protests or other comments filed, but Gas Act (NGA) and Part 157 of the all documents filed by the applicant and only those who file a motion to Commission’s regulations, requesting a by all other parties. A party must submit certificate of public convenience and intervene in accordance with the 14 copies of filings made with the necessity to construct and operate Commission’s Rules may become a Commission and must mail a copy to facilities to expand the capacity of its party to the proceeding. Any comments, the applicant and to every other party in system in Zone 1 by 200,000 Dth per the proceeding. Only parties to the protests, or motions to intervene must day. Specifically, Rockies Express be received on or before the specified proceeding can ask for court review of proposes to increase compression at two Commission orders in the proceeding. comment date for the particular certificated compressor stations: (1) Big However, a person does not have to application. Hole Compressor Station in Moffat intervene in order to have comments o. Filing and Service of Responsive County, Colorado—one new 20,500 considered. The second way to Documents—Any filings must bear in horsepower (hp) unit; and (2) Arlington participate is by filing with the all capital letters the title Compressor Station in Carbon County, Secretary of the Commission, as soon as ‘‘COMMENTS’’, Wyoming—one new 17,500 hp unit. possible, an original and two copies of ‘‘RECOMMENDATIONS FOR TERMS Rockies Express requests a comments in support of or in opposition AND CONDITIONS’’, ‘‘PROTEST’’, or determination that rolled-in rate to this project. The Commission will ‘‘MOTION TO INTERVENE’’, as treatment is appropriate for the consider these comments in applicable, and the Project Number of proposed facilities. determining the appropriate action to be Any questions regarding this the particular application to which the taken, but the filing of a comment alone application should be directed to Robert filing refers (p–459–253). All documents will not serve to make the filer a party F. Harrington, Vice President, Rockies (original and eight copies) should be to the proceeding. The Commission’s Express Pipeline LLC, P.O. Box 281304, filed with: Kimberly D. Bose, Secretary, rules require that persons filing Lakewood, Colorado 80228–8304, comments in opposition to the project Federal Energy Regulatory Commission, telephone no. (303) 763–3258, and 888 First Street, NE., Washington DC provide copies of their protests only to e-mail: Robert_Harrington@ the party or parties directly involved in 20426. A copy of any motion to kindermorgan.com. the protest. intervene must also be served upon each Pursuant to section 157.9 of the Persons who wish to comment only representative of the Applicant Commission’s rules, 18 CFR 157.9, on the environmental review of this specified in the particular application. within 90 days of this Notice the project should submit an original and p. Agency Comments—Federal, State, Commission staff will either complete two copies of their comments to the and local agencies are invited to file its environmental assessment (EA) and Secretary of the Commission. comments on the described application. place it into the Commission’s public Environmental commentors will be A copy of the application may be record (eLibrary) for this proceeding; or placed on the Commission’s obtained by agencies directly from the issue a Notice of Schedule for environmental mailing list, will receive Applicant. If an agency does not file Environmental Review. If a Notice of copies of the environmental documents, comments within the time specified for Schedule for Environmental Review is and will be notified of meetings filing comments, it will be presumed to issued, it will indicate, among other associated with the Commission’s have no comments. One copy of an milestones, the anticipated date for the environmental review process. agency’s comments must also be sent to Commission staff’s issuance of the final Environmental commentors will not be the Applicant’s representatives. environmental impact statement (FEIS) required to serve copies of filed or EA for this proposal. The filing of the documents on all other parties. q. Comments, protests and EA in the Commission’s public record However, the non-party commentors interventions may be filed electronically for this proceeding or the issuance of a will not receive copies of all documents via the Internet in lieu of paper. See, 18 Notice of Schedule for Environmental filed by other parties or issued by the CFR 385.2001(a)(1)(iii) and the Review will serve to notify federal and Commission (except for the mailing of instructions on the Commission’s Web state agencies of the timing for the environmental documents issued by the site at http://www.ferc.gov under the completion of all necessary reviews, and Commission) and will not have the right ‘‘e-Filing’’ link. the subsequent need to complete all to seek court review of the federal authorizations within 90 days of Commission’s final order. Kimberly D. Bose, the date of issuance of the Commission The Commission strongly encourages Secretary. staff’s FEIS or EA. electronic filings of comments, protests [FR Doc. E9–3857 Filed 2–23–09; 8:45 am] There are two ways to become and interventions in lieu of paper using BILLING CODE 6717–01–P involved in the Commission’s review of the ‘‘eFiling’’ link at http://

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www.ferc.gov. Persons unable to file recommendations, preliminary terms n. Comments, Protests, or Motions to electronically should submit an original and conditions, and fishway Intervene—Anyone may submit and 14 copies of the protest or prescriptions is due 60 days from the comments, a protest, or a motion to intervention to the Federal Energy issuance date of this notice; reply intervene in accordance with the Regulatory Commission, 888 First comments are due 105 days from the requirements of Rules of Practice and Street, NE., Washington, DC 20426. issuance date of this notice. All Procedure, 18 CFR 385.210, .211, .214. This filing is accessible on-line at documents (original and eight copies) In determining the appropriate action to http://www.ferc.gov, using the should be filed with: Kimberly D. Bose, take, the Commission will consider all ‘‘eLibrary’’ link and is available for Secretary, Federal Energy Regulatory protests or other comments filed, but review in the Commission’s Public Commission, 888 First Street, NE., only those who file a motion to Reference Room in Washington, DC. Washington, DC 20426. Please include intervene in accordance with the There is an ‘‘eSubscription’’ link on the the project number (P–9202–150) on any Commission’s Rules may become a Web site that enables subscribers to comments or motions filed. party to the proceeding. Any comments, receive e-mail notification when a The Commission’s Rules of Practice protests, or motions to intervene must document is added to a subscribed and Procedure require all intervenors be received on or before the specified docket(s). For assistance with any FERC filing documents with the Commission comment date for the particular Online service, please e-mail to serve a copy of that document on application. Comments, protests, [email protected], or call each person in the official service list interventions, recommendations, terms (866) 208–3676 (toll free). For TTY, call for the project. Further, if an intervenor and conditions, and fishway (202) 502–8659. files comments or documents with the prescriptions may be filed electronically Commission relating to the merits of an Comment Date: March 10, 2009. via the Internet in lieu of paper; See 18 issue that may affect the responsibilities CFR 385.2001(a)(1)(iii) and the Kimberly D. Bose, of a particular resource agency, they Secretary. instructions on the Commission’s web must also serve a copy of the document site under ‘‘e-filing’’ link. The [FR Doc. E9–3853 Filed 2–23–09; 8:45 am] on that resource agency. Commission strongly encourages BILLING CODE 6717–01–P k. Description of Request: The Upper electronic filing. Yampa Water Conservancy District o. Filing and Service of Responsive requests Commission approval to amend Documents: All filings must (1) bear in DEPARTMENT OF ENERGY the project’s existing license issued by all capital letters the title ‘‘PROTEST’’, the Federal Energy Regulatory ‘‘MOTION TO INTERVENE’’, Federal Energy Regulatory Commission (FERC) to raise the storage ‘‘COMMENTS,’’ ‘‘REPLY COMMENTS,’’ Commission level of Stagecoach Reservoir by 4 feet. ‘‘RECOMMENDATIONS,’’ ‘‘TERMS [Project No. 9202–150] This proposal will increase the spillway crest elevation, thereby enlarging the AND CONDITIONS,’’ or ‘‘FISHWAY Upper Yampa Water Conservancy project’s reservoir storage capacity from PRESCRIPTIONS;’’ (2) set forth in the District; Notice of Application 33,275 to 36,460 Ac-ft and increasing heading the name of the applicant and Accepted for Filing, Soliciting Motions the project’s potential for increasing the project number of the application to To Intervene and Protests, Ready for downstream water supply. The physical which the filing responds; (3) furnish Environmental Analysis, and Soliciting composition of most of the Stagecoach the name, address, and telephone Comments, Recommendations, Terms Project developments (e.g., the number of the person protesting or and Conditions, and Fishway powerhouse, turbines and generators, intervening; and (4) otherwise comply Prescriptions transmission and substation, and other with the requirements of 18 CFR mechanical, electrical, and transmission 385.2001 through 385.2005. All February 17, 2009. equipment) will not be impacted. comments, recommendations, terms and Take notice that the following However, the project spillway and conditions or prescriptions must set hydroelectric application has been filed reservoir will be altered by the proposal. forth their evidentiary basis and with the Commission and is available l. Locations of Applications: A copy of otherwise comply with the requirements for public inspection: the application is available for of 18 CFR 4.34(b). All comments, a. Application Type: Amendment of inspection and reproduction at the recommendations, terms and conditions License. Commission in the Public Reference or prescriptions should relate to project b. Project No.: 9202–150. Room, located at 888 First Street NE., works which are the subject of the c. Date Filed: December 4, 2008. license amendment. Agencies may d. Applicant: Upper Yampa Water Room 2A, Washington, DC 20426, or by calling (202) 502–8371. This filing may obtain copies of the application directly Conservancy District. from the applicant. A copy of all other e. Name of Project: Stagecoach also be viewed on the Commission’s filings in reference to this application Project. Web site at http://www.ferc.gov using f. Location: The project is located on the ‘‘eLibrary’’ link. Enter the docket must be accompanied by proof of the Yampa River, in Routt County, number excluding the last three digits in service on all persons listed in the Colorado. the docket number field to access the service list prepared by the Commission g. Filed Pursuant to: Federal Power document. For assistance, call toll-free in this proceeding, in accordance with Act, 16 U.S.C. 791a–825r. 1–866–208–3676 or e-mail 18 CFR 4.34(b) and 385.2010. h. Applicant Contact: Mr. Kevin [email protected]. For TTY, p. As provided for in 18 CFR McBride, Director, Upper Yampa Water call (202) 502–8659. A copy is also 4.34(b)(5)(i), a license applicant must Conservancy District, P.O. Box 880339, available for inspection and file, no later than 60 days following the Steamboat Springs, CO 80488–0339, reproduction at the address in item h date of issuance of this notice of (970) 879–2424. above. acceptance and ready for environmental i. FERC Contact: Anthony DeLuca, m. Individuals desiring to be included analysis: (1) A copy of the water quality (202) 502–6632. on the Commission’s mailing list should certification; (2) a copy of the request for j. Deadline for filing comments, so indicate by writing to the Secretary certification, including proof of the date protests, motions to intervene, of the Commission. on which the certifying agency received

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the request; or (3) evidence of waiver of Snohomish County filed a motion to Commission’s Rules of Practice and water quality certification. intervene in this proceeding. Procedure.3 Kimberly D. Bose, Pursuant to Rule 214(a)(3) of the Kimberly D. Bose, Secretary. Commission’s Rules of Practice and Secretary. [FR Doc. E9–3851 Filed 2–23–09; 8:45 am] Procedure, any person may seek to [FR Doc. E9–3855 Filed 2–23–09; 8:45 am] BILLING CODE 6717–01–P intervene and become a party in a BILLING CODE 6717–01–P proceeding by filing a motion to intervene that complies with the content DEPARTMENT OF ENERGY requirements of Rule 214(b).1 However, DEPARTMENT OF ENERGY a motion to intervene in the ILP at the Federal Energy Regulatory pre-application stage is not appropriate. Federal Energy Regulatory Commission Because Snohomish PUD and Everett Commission have not yet filed a license application, [Docket Nos. ER06–615–000; ER07–1257– [Project No. 2157–167] there is no proceeding in which to 000; ER08–1113–000; OA08–62–000] intervene, and consequently the motion Public Utility District No. 1 of to intervene in Project No. 2157–167 is California Independent System Snohomish County, Washington City dismissed as premature. Should Operator Corporation; Notice of FERC of Everett, WA; Notice Dismissing Snohomish PUD and Everett file a Staff Attendance Motion To Intervene license application, the Commission February 17, 2009. February 17, 2009. will then provide an opportunity for The Federal Energy Regulatory 2 On December 1, 2005, in Project No. intervention. Commission (Commission) hereby gives 2157–167, Public Utility District No. 1 This notice constitutes final agency notice that on the following dates of Snohomish County, Washington action. Requests for rehearing of this members of its staff will participate in (Snohomish PUD) and the City of notice may be filed within 30 days of teleconferences and meetings to be Everett (Everett) filed a Notice of Intent the date of issuance of this notice, conducted by the California to File a License Application and a Pre- pursuant to Rule 713 of the Independent System Operator (CAISO). Application Document (PAD) under the The agenda and other documents for the Commission’s integrated licensing teleconferences and meetings are process (ILP) for the Henry M. Jackson available on the CAISO’s Web site, Project. On February 6, 2009, http://www.caiso.com.

February 23, 2009 ...... MRTU Parallel Operations Touchpoint. February 24, 2009 ...... MRTU Parallel Operations Touchpoint. Systems Interface Users Group. Payment Acceleration Working Group. February 25, 2009 ...... Settlements and Market Clearing Users Group. February 26, 2009 ...... MRTU Parallel Operations Touchpoint. Residual Unit Commitment Procedure. Participating Transmission Owner Unit Costs. February 27, 2009 ...... 2009 Transmission Plan. March 2, 2009 ...... MRTU Parallel Operations Touchpoint. March 3, 2009 ...... MRTU Parallel Operations Touchpoint. Systems Interface Users Group. March 4, 2009 ...... Settlements and Market Clearing Users Group. Congestion Revenue Rights. March 5, 2009 ...... MRTU Parallel Operations Touchpoint.

Sponsored by the CAISO, the 0233 or Maury Kruth at DEPARTMENT OF ENERGY teleconferences and meetings are open [email protected], (916) 294–0275. to all market participants, and Federal Energy Regulatory Kimberly D. Bose, Commission staff’s attendance is part of Commission Secretary. the Commission’s ongoing outreach [Docket No. AC09–40–000] efforts. The teleconferences and [FR Doc. E9–3854 Filed 2–23–09; 8:45 am] meetings may discuss matters at issue in BILLING CODE 6717–01–P Empire Pipeline, Inc.; Notice of Filing the above captioned dockets. February 17, 2009. For further information, contact Saeed Take notice that on February 10, 2009 Farrokhpay at Empire Pipeline, Inc. submitted a [email protected]; (916) 294– request for waiver of the requirement to submit the 2008 FERC Form No. 2 under Section 260.1 of the Commission regulations. Any person desiring to intervene or to protest this filing must file in

1 18 CFR 385.214 (2008). utilize the Commission’s e-Subscription service, 3 18 CFR 385.713 (2008). 2 18 CFR 5.1 et seq. (2008). To receive all filings which can be accessed at http://www.ferc.gov/docs- in a docket, interested parties are encouraged to filing/esubscription.asp.

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accordance with Rules 211 and 214 of 1. Section 205 of the Federal Power rate sellers that failed to submit their the Commission’s Rules of Practice and Act (FPA), 16 U.S.C. 824d (2006), and Electric Quarterly Reports.4 Procedure (18 CFR 385.211, 385.214). 18 CFR part 35 (2008), require, among 6. As noted above, Commission staff’s Protests will be considered by the other things, that all rates, terms, and review of the Electric Quarterly Report Commission in determining the conditions of jurisdictional services be submittals identified two public utilities appropriate action to be taken, but will filed with the Commission. In Order No. with authority to sell power at market- not serve to make protestants parties to 2001, the Commission revised its public based rates that failed to file Electric the proceeding. Any person wishing to utility filing requirements and Quarterly Reports through the third and become a party must file a notice of established a requirement for public fourth quarters of 2008. Commission intervention or motion to intervene, as utilities, including power marketers, to staff contacted these entities to remind appropriate. Such notices, motions, or file Electric Quarterly Reports them of their regulatory obligations.5 protests must be filed on or before the summarizing the contractual terms and None of the public utilities listed in the comment date. On or before the conditions in their agreements for all caption of this order has met those comment date, it is not necessary to jurisdictional services (including obligations.6 serve motions to intervene or protests market-based power sales, cost-based Accordingly, this order notifies these on persons other than the Applicant. power sales, and transmission service) public utilities that their market-based The Commission encourages and providing transaction information rate authorizations will be revoked electronic submission of protests and (including rates) for short-term and unless they comply with the interventions in lieu of paper using the long-term power sales during the most Commission’s requirements within 15 ‘‘eFiling’’ link at http://www.ferc.gov. recent calendar quarter.1 days of the issuance of this order. Persons unable to file electronically 7. In the event that any of the above- should submit an original and 14 copies 2. Commission staff’s review of the captioned market-based rate sellers has of the protest or intervention to the Electric Quarterly Report submittals already filed its Electric Quarterly Federal Energy Regulatory Commission, indicates that two utilities with Report in compliance with the 888 First Street, NE., Washington, DC authority to sell electric power at Commission’s requirements, its 20426. market-based rates have failed to file inclusion herein is inadvertent. Such This filing is accessible on-line at their Electric Quarterly Reports. This market-based rate seller is directed, http://www.ferc.gov, using the order notifies these public utilities that within 15 days of the date of issuance ‘‘eLibrary’’ link and is available for their market-based rate authorizations of this order, to make a filing with the review in the Commission’s Public will be revoked unless they comply Commission identifying itself and Reference Room in Washington, DC. with the Commission’s requirements providing details about its prior filings There is an ‘‘eSubscription’’ link on the within 15 days of the date of issuance that establish that it complied with the Web site that enables subscribers to of this order. Commission’s Electric Quarterly Report receive e-mail notification when a 3. In Order No. 2001, the Commission filing requirements. document is added to a subscribed stated that, 8. If any of the above-captioned docket(s). For assistance with any FERC [i]f a public utility fails to file a[n] Electric market-based rate sellers do not wish to Online service, please e-mail Quarterly Report (without an appropriate continue having market-based rate [email protected], or call request for extension), or fails to report an authority, they may file a notice of (866) 208–3676 (toll free). For TTY, call agreement in a report, that public utility may cancellation with the Commission (202) 502–8659. forfeit its market-based rate authority and pursuant to section 205 of the FPA to Comment Date: March 19, 2009. may be required to file a new application for cancel their market-based rate tariff. The Commission Orders: Kimberly D. Bose, market-based rate authority if it wishes to resume making sales at market-based rates.2 (A) Within 15 days of the date of Secretary. issuance of this order, each public [FR Doc. E9–3858 Filed 2–23–09; 8:45 am] 4. The Commission further stated that, utility listed in the caption of this order BILLING CODE 6717–01–P [o]nce this rule becomes effective, the shall file with the Commission all requirement to comply with this rule will delinquent Electric Quarterly Reports. If supersede the conditions in public utilities’ a public utility fails to make this filing, DEPARTMENT OF ENERGY market-based rate authorizations, and failure the Commission will revoke that public Federal Energy Regulatory to comply with the requirements of this rule utility’s authority to sell power at will subject public utilities to the same Commission market-based rates and will terminate consequences they would face for not its electric market-based rate tariff. The [Docket No. ER02–2001–010; Docket No. satisfying the conditions in their rate Secretary is hereby directed, upon ER06–1152–000; Docket No. ER07–1247– authorizations, including possible revocation expiration of the filing deadline in this 000] of their authority to make wholesale power order, to promptly issue a notice, sales at market-based rates.3 Order on Intent To Revoke Market- effective on the date of issuance, listing Based Rate Authority 5. Pursuant to these requirements, the the public utilities whose tariffs have Commission has revoked the market- February 19, 2009. based rate tariffs of several market-based 4 See, e.g., Electric Quarterly Reports, 73 FR Before Commissioners: Jon 31,460 (June 2, 2008); Electric Quarterly Reports, 115 FERC ¶ 61,073 (2006), Electric Quarterly Wellinghoff, Acting Chairman; Suedeen 1 Revised Public Utility Filing Requirements, Reports, 114 FERC ¶ 61,171 (2006). G. Kelly, Marc Spitzer, and Philip D. Order No. 2001, FERC Stats. & Regs. ¶ 31,127, Reh’g 5 See Celeren Corporation, Docket No. ER06– Moeller. Denied, Order No. 2001–A, 100 FERC ¶ 61,074, 1152–000 (December 19, 2008) (unpublished letter Electric Quarterly Reports: Docket No. Reconsideration and Clarification Denied, Order order); FC Energy Services Company, LLC, Docket ER02–2001–010. No. 2001–B, 100 FERC ¶ 61,342, Order Directing No. ER07–1247–000 (December 19, 2008) Celeren Corporation: Docket No. Filings, Order No. 2001–C, 101 FERC ¶ 61,314 (unpublished letter order). (2002) Order Directing Filings, Order No. 2001–D, 6 According to the Commission’s records, the ER06–1152–000. 102 FERC ¶ 61,334 (2003). companies subject to this order last filed their FC Energy Services Company, LLC: 2 Order No. 2001 at P 222. Electric Quarterly Reports for the 2nd quarter of Docket No. ER07–1247–000. 3 Id. P 223. 2008.

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been revoked for failure to comply with DC 20460; (202) 564–1130; fax number: appearing in the Federal Register when the requirements of this order and the (202) 565–2475; e-mail address: approved, are listed in 40 CFR part 9, Commission’s Electric Quarterly Report [email protected]. are displayed either by publication in filing requirements. SUPPLEMENTARY INFORMATION: EPA has the Federal Register or by other (B) The Secretary is hereby directed to submitted the following ICR to OMB for appropriate means, such as on the publish this order in the Federal review and approval according to related collection instrument or form, if Register. procedures prescribed in 5 CFR 1320.12. applicable. The display of OMB control By the Commission. Commissioner On November 13, 2008 (73 FR 67152), numbers in certain EPA regulations is Kelliher is not participating. EPA sought comments on this ICR consolidated in 40 CFR part 9. Abstract: EPA uses contractors to Nathaniel J. Davis, Sr., pursuant to 5 CFR 1320.8(d). EPA perform services throughout the nation received no comments. Any additional Deputy Secretary. with regard to environmental [FR Doc. E9–3931 Filed 2–23–09; 8:45 am] comments on this ICR should be emergencies involving the release, or BILLING CODE 6717–01–P submitted to EPA and OMB within 30 threatened release, of oil, radioactive days of this notice. materials or hazardous chemicals that EPA has established a public docket may potentially affect communities and ENVIRONMENTAL PROTECTION for this ICR under Docket ID number the surrounding environment. Releases AGENCY EPA–HQ–OARM–2008–0829, which is may be accidental, deliberate, or may be available for public viewing at http:// [EPA–HQ–OARM–2008–0829, FRL–8776–3] caused by natural disasters. Emergency www.regulations.gov, or in person responders are available 24 hours-a-day viewing at the EPA Docket Center (EPA/ Agency Information Collection to an incident, and respond with DC), EPA West, Room 3334, 1301 necessary personnel and equipment to Activities; Submission to OMB for Constitution Ave., NW., Washington, Review and Approval; Comment eliminate dangers to the public and DC. The EPA/DC Public Reading Room environment. Contractors responding to Request; Drug Testing for Contract is open from 8 a.m. to 4:30 p.m., Employees (Renewal), EPA ICR any of these types of incidents are Monday through Friday, excluding legal responsible for conducting drug tests Number 2183.03, OMB Control Number holidays. The telephone number for the 2030–0044 and applying Government-established Reading Room is (202) 566–1744, and suitability criteria in determining AGENCY: Environmental Protection the telephone number for the Office of whether employees are acceptable to Agency (EPA). Environmental Information Docket is perform on given sites or on specific ACTION: Notice. (202) 566–1752. projects prior to contract employee Use EPA’s electronic docket and performance. The information to be SUMMARY: In compliance with the comment system at http:// collected under the ICR for Drug Testing Paperwork Reduction Act (44 U.S.C. www.regulations.gov, to submit or view for Contractor Employees covers testing 3501 et seq.), this document announces public comments, access the index for the presence of marijuana, cocaine, that an Information Collection Request listing of the contents of the docket, and opiates, amphetamines and (ICR) has been forwarded to the Office to access those documents in the docket phencyclidine (PCP). The Contractor of Management and Budget (OMB) for that are available electronically. Once in shall maintain records of all drug tests. review and approval. This is a request the system, select ‘‘docket search,’’ then An agency may not conduct or to renew an existing approved key in the docket ID number identified sponsor, and a person is not required to collection. This ICR, which is abstracted above. Please note that EPA’s policy is respond to, a collection of information below, describes the nature of the that public comments, whether unless it displays a currently valid OMB information collection and its estimated submitted electronically or in paper, control number. The OMB control burden and cost. will be made available for public numbers for EPA’s regulations in 40 DATES: Additional comments must be viewing at http://www.regulations.gov CFR are listed in 40 CFR part 9 and are submitted on or before March 26, 2009. as EPA receives them and without identified on the form and/or change, unless the comment contains ADDRESSES: Submit your comments, instrument, if applicable. copyrighted material, confidential Burden Statement: The annual public referencing docket ID number EPA–HQ– business information (CBI), or other reporting and recordkeeping burden for OARM–2008–0829, to (1) EPA online information whose public disclosure is this collection of information is using www.regulations.gov (our restricted by statute. For further estimated to average 1 hour per preferred method), by e-mail to information about the electronic docket, response. Burden means the total time, [email protected], or by mail to: EPA go to http://www.regulations.gov. effort, or financial resources expended Docket Center, Environmental Titles: Drug Testing for Contractor by persons to generate, maintain, retain, Protection Agency, Office of Employees (Renewal). or disclose or provide information to or Environmental Information Docket, Mail ICR numbers: EPA ICR No. 2183.03, for a Federal agency. This includes the Code 28221T, 1200 Pennsylvania Ave., OMB Control No. 2030–0044. time needed to review instructions; NW., Washington, DC 20460, and (2) ICR Status: This ICR is scheduled to develop, acquire, install, and utilize OMB by mail to: Office of Information expire on March 31, 2009. Under OMB technology and systems for the purposes and Regulatory Affairs, Office of regulations, the Agency may continue to of collecting, validating, and verifying Management and Budget (OMB), conduct or sponsor the collection of information, processing and Attention: Desk Officer for EPA, 725 information while this submission is maintaining information, and disclosing 17th Street, NW., Washington, DC pending at OMB. An Agency may not and providing information; adjust the 20503. conduct or sponsor, and a person is not existing ways to comply with any FOR FURTHER INFORMATION CONTACT: required to respond to, a collection of previously applicable instructions and Donna Blanding, Environmental information, unless it displays a requirements; train personnel to be able Protection Agency, Office of Acquisition currently valid OMB control number. to respond to a collection of Management, Mail Code 3802R, 1200 The OMB control numbers for EPA’s information; search data sources; Pennsylvania Ave., NW., Washington, regulations in title 40 of the CFR, after complete and review the collection of

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information; and transmit or otherwise [email protected], or by mail to: EPA Title: Exclusion Determinations for disclose the information. Docket Center, Environmental New Non-road Spark-Ignited Engines, Respondents/Affected Entities: Protection Agency, Air and Radiation New Non-road Compression-Ignited Entities potentially affected by this Docket and Information Center (2282T), Engines and New On-Road Heavy Duty action are contractors involved with 1200 Pennsylvania Ave., NW., Engines (Renewal). Emergency Response that have Washington, DC 20460, and (2) OMB by ICR numbers: EPA ICR No. 1852.04, significant security concerns, as mail to: Office of Information and OMB Control No. 2060–0395. determined by the Contracting Officer Regulatory Affairs, Office of ICR Status: This ICR is scheduled to on a case-by-case basis, to provide Management and Budget (OMB), expire on February 28, 2009. Under qualified personnel that meet the drug Attention: Desk Officer for EPA, 725 OMB regulations, the Agency may testing requirements developed by EPA. 17th Street, NW., Washington, DC continue to conduct or sponsor the Estimated Number of Respondents: 20503. collection of information while this 450. submission is pending at OMB. An Frequency of Response: On occasion. FOR FURTHER INFORMATION CONTACT: Agency may not conduct or sponsor, Estimated Total Annual Hour Burden: Nydia Reyes-Morales (6405J), and a person is not required to respond 450. Environmental Protection Agency, 1200 to, a collection of information, unless it Estimated Total Annual Cost: $70,686 Pennsylvania Ave., NW., Washington, displays a currently valid OMB control which includes $0 annual capital/ DC 20460; telephone number: 202–343– number. The OMB control numbers for startup and O&M costs. 9264; fax number: 202–343–2804; e-mail EPA’s regulations in title 40 of the CFR, Changes in the Estimates: There is no address: [email protected]. after appearing in the Federal Register change in the estimated burden SUPPLEMENTARY INFORMATION: EPA has when approved, are listed in 40 CFR currently identified in the OMB submitted the following ICR to OMB for part 9, and are displayed either by Inventory of Approved ICR Burdens. review and approval according to the publication in the Federal Register or by other appropriate means, such as on Dated: February 18, 2009. procedures prescribed in 5 CFR 1320.12. On June 30, 2008 (73 FR 36863), EPA the related collection instrument or John Moses, form, if applicable. The display of OMB Acting Director, Collection Strategies sought comments on this ICR pursuant to 5 CFR 1320.8(d). EPA received no control numbers in certain EPA Division. regulations is consolidated in 40 CFR [FR Doc. E9–3908 Filed 2–23–09; 8:45 am] comments. Any additional comments on this ICR should be submitted to EPA part 9. BILLING CODE 6560–50–P and OMB within 30 days of this notice. Abstract: Under the provisions of the Clean Air Act (Act), the Administrator EPA has established a public docket is required to promulgate regulations to ENVIRONMENTAL PROTECTION for this ICR under Docket ID No. EPA– control air pollutant emissions from AGENCY HQ–OAR–2005–0121, which is ‘‘motor vehicles’’ and ‘‘non-road available for online viewing at http:// [EPA–HQ–OAR–2005–0121; FRL–8775–9] engines,’’ as defined in the Act. Motor www.regulations.gov, or in person vehicles and non-road engines not Agency Information Collection viewing at the Air and Radiation Docket meeting the applicable definitions are Activities; Submission to OMB for in the EPA Docket Center (EPA/DC), excluded from compliance with current Review and Approval; Comment EPA West, Room 3334, 1301 regulations. Request; Exclusion Determinations for Constitution Ave., NW., Washington, A manufacturer may make an New Non-road Spark-Ignited Engines, DC. The EPA/DC Public Reading Room exclusion determination by itself; New Non-road Compression-Ignited is open from 8:30 a.m. to 4:30 p.m., however, manufacturers and importers Engines and New On-Road Heavy Duty Monday through Friday, excluding legal may routinely request EPA to make such Engines (Renewal); EPA ICR No. holidays. The telephone number for the determination to ensure that their 1852.04, OMB Control No. 2060–0395 Reading Room is 202–566–1744, and the determination does not differ from the telephone number for the Air and Agency’s. To request an exclusion AGENCY: Environmental Protection Radiation Docket is 202–566–1742. determination, manufacturers submit a Agency (EPA). Use EPA’s electronic docket and letter with a description of the engine ACTION: Notice. comment system at http:// and/or vehicle (engine type, horsepower www.regulations.gov, to submit or view rating, intended usage etc.) and sales SUMMARY: In compliance with the public comments, access the index brochures to EPA. EPA uses this Paperwork Reduction Act (PRA)(44 listing of the contents of the docket, and information to determine whether the U.S.C. 3501 et seq.), this document to access those documents in the docket engine or vehicle is excluded from announces that an Information that are available electronically. Once in compliance with one or more emission Collection Request (ICR) has been the system, select ‘‘docket search,’’ then regulations. EPA then stores the data in forwarded to the Office of Management key in the docket ID number identified its internal files, and makes it available and Budget (OMB) for review and above. Please note that EPA’s policy is to environmental groups and the public approval. This is a request to renew an that public comments, whether upon request under the Freedom of existing approved collection. The ICR, submitted electronically or in paper, Information Act. which is abstracted below, describes the will be made available for public Burden Statement: The annual public nature of the information collection and viewing at http://www.regulations.gov reporting and recordkeeping burden for its estimated burden and cost. as EPA receives them and without this collection of information is DATES: Additional comments may be change, unless the comment contains estimated to average 6 hours per submitted on or before March 26, 2009. copyrighted material, confidential response. Burden means the total time, ADDRESSES: Submit your comments, business information (CBI), or other effort, or financial resources expended referencing Docket ID No. EPA–HQ– information whose public disclosure is by persons to generate, maintain, retain, OAR–2005–0121, to (1) EPA online restricted by statute. For further or disclose or provide information to or using http://www.regulations.gov (our information about the electronic docket, for a Federal agency. This includes the preferred method), by e-mail to a-and- go to http://www.regulations.gov. time needed to review instructions;

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develop, acquire, install, and utilize Management and Budget (OMB). This about EPA’s public docket visit the EPA technology and systems for the purposes ICR is scheduled to expire on July 31, Docket Center homepage at http:// of collecting, validating, and verifying 2009. Before submitting the ICR to OMB www.epa.gov/epahome/dockets.htm. information, processing and for review and approval, EPA is FOR FURTHER INFORMATION CONTACT: maintaining information, and disclosing soliciting comments on specific aspects Robert Burchard, Office of Air and and providing information; adjust the of the proposed information collection Radiation, 6205J, Environmental existing ways to comply with any as described below. Protection Agency, 1200 Pennsylvania previously applicable instructions and DATES: Comments must be submitted on Ave., NW., Washington, DC 20460; requirements which have subsequently or before April 27, 2009. telephone number: (202) 343–9126; fax changed; train personnel to be able to ADDRESSES: Submit your comments, number: (202) 343–2208 ; email address: respond to a collection of information; identified by Docket ID No. EPA–HQ– [email protected]. search data sources; complete and OAR–2003–0039 by one of the following SUPPLEMENTARY INFORMATION: review the collection of information; methods: and transmit or otherwise disclose the • http://www.regulations.gov: Follow How Can I Access the Docket and/or information. the on-line instructions for submitting Submit Comments? Respondents/Affected Entities: Light comments. EPA has established a public docket Truck and Utility Vehicle • E-mail: [email protected]. for this ICR under Docket ID No. EPA– Manufacturers; Heavy Duty Truck • Fax: 202–566–9744. HQ–OAR–2003–0039, which is Manufacturers; Gasoline Engine and • Mail: 1200 Pennsylvania Ave, NW., available for online viewing at http:// Engine Parts Manufacturers; Mailcode 2822T, Washington DC 20460. www.regulations.gov, or in person Construction Machinery Manufacturers; • Hand Delivery: 1301 Constitution viewing at the Air and Radiation Docket Industrial Truck, Tractor, Trailer, and Ave, NW., Room 3334, EPA West in the EPA Docket Center (EPA/DC), Stacker Machinery Manufacturers; Building, Washington, DC 20004. Such EPA West, Room 3334, 1301 Marine Engine Manufacturers; Other deliveries are only accepted during the Constitution Ave., NW., Washington, Engine Equipment Manufacturers. Docket’s normal hours of operation, and DC. The EPA/DC Public Reading Room Estimated Number of Respondents: special arrangements should be made is open from 8:30 a.m. to 4:30 p.m., 12. for deliveries of boxed information. Monday through Friday, excluding legal Frequency of Response: Annual and Instructions: Direct your comments to holidays. The telephone number for the On Occasion. Docket ID No. EPA–HQ–OAR–2003– Reading Room is 202–566–1744, and the Estimated Total Annual Hour Burden: 0039. EPA’s policy is that all comments telephone number for the Air and 69. received will be included in the public Radiation Docket is 202–566–1742. Estimated Total Annual Cost: $6,254, docket without change and may be Use http://www.regulations.gov to which includes $116 annualized capital made available online at http:// obtain a copy of the draft collection of or O&M costs. www.regulations.gov, including any information, submit or view public Changes in the Estimates: There is no personal information provided, unless comments, access the index listing of change in the total estimated burden the comment includes information the contents of the docket, and to access currently identified in the OMB claimed to be Confidential Business those documents in the public docket Inventory of Approved ICR Burdens. Information (CBI) or other information that are available electronically. Once in Dated: February 18, 2009. whose disclosure is restricted by statute. the system, select ‘‘search,’’ then key in John Moses, Do not submit information that you the docket ID number identified in this Acting Director, Collection Strategies consider to be CBI or otherwise document. Division. protected through www.regulations.gov or e-mail. The http:// What Information is EPA Particularly [FR Doc. E9–3909 Filed 2–23–09; 8:45 am] Interested in? BILLING CODE 6560–50–P www.regulations.gov Web site is an ‘‘anonymous access’’ system, which Pursuant to section 3506(c)(2)(A) of means EPA will not know your identity the PRA, EPA specifically solicits ENVIRONMENTAL PROTECTION or contact information unless you comments and information to enable it AGENCY provide it in the body of your comment. to: If you send an e-mail comment directly (i) Evaluate whether the proposed [EPA–HQ–OAR–2003–0039; FRL–8775–4] to EPA without going through http:// collection of information is necessary Agency Information Collection www.regulations.gov, your e-mail for the proper performance of the Activities; Proposed Collection; address will be automatically captured functions of the Agency, including Comment Request; Reporting and and included as part of the comment whether the information will have Recordkeeping Requirements of the that is placed in the public docket and practical utility; HCFC Allowance System; EPA ICR No. made available on the Internet. If you (ii) Evaluate the accuracy of the 2014.03 OMB Control No. 2060–0498 submit an electronic comment, EPA Agency’s estimate of the burden of the recommends that you include your proposed collection of information, AGENCY: Environmental Protection name and other contact information in including the validity of the Agency (EPA). the body of your comment and with any methodology and assumptions used; ACTION: Notice. disk or CD–ROM you submit. If EPA (iii) Enhance the quality, utility, and cannot read your comment due to clarity of the information to be SUMMARY: In compliance with the technical difficulties and cannot contact collected; and Paperwork Reduction Act (PRA) (44 you for clarification, EPA may not be (iv) Minimize the burden of the U.S.C. 3501 et seq. ), this document able to consider your comment. collection of information on those who announces that EPA is planning to Electronic files should avoid the use of are to respond, including through the submit a request to renew an existing special characters, any form of use of appropriate automated electronic, approved Information Collection encryption, and be free of any defects or mechanical, or other technological Request (ICR) to the Office of viruses. For additional information collection techniques or other forms of

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information technology, e.g., permitting Deplete the Ozone Layer (Protocol) and record.index.html), complete them, and electronic submission of responses. In Title VI of the Clean Air Act send them to EPA electronically,via particular, EPA is requesting comments Amendments (CAAA) established limits mail, courier, or fax. Almost all of the from very small businesses (those that on total U.S. production, import, and large regulated companies use the EPA employ less than 25) on examples of export of class I and class II controlled reporting forms. specific additional efforts that EPA ozone depleting substances (commonly Upon receipt of the reports, the data could make to reduce the paperwork referred to as ‘‘controlled substances’’). is entered into the ODS Tracking burden for very small businesses Under its Protocol commitments, the System. The ODS Tracking System is a affected by this collection. United States was obligated to cease secure database that maintains the data production and import of class I submitted to EPA and helps the Agency: What Should I Consider when I Prepare controlled substances (e.g., maintain oversight over total production My Comments for EPA? chlorofluorocarbons or CFCs) with and consumption of controlled You may find the following exemptions for essential uses, critical substances; monitor compliance with suggestions helpful for preparing your uses, previously used material, and limits and restrictions on production, comments: material that is transformed, destroyed, imports, and trades and specific 1. Explain your views as clearly as or exported to developing countries. exemptions from the phaseout for possible and provide specific examples. The Protocol also establishes limits and individual U.S. companies; and enforce 2. Describe any assumptions that you reduction schedules leading to the against illegal imports. used. eventual phaseout of class II controlled Burden Statement: The total annual 3. Provide copies of any technical substances (i.e., public reporting and recordkeeping information and/or data you used that hydrochlorofluorocarbons or HCFCs). burden for this collection of information support your views. The U.S. is obligated to limit HCFC is estimated to be 1,860 hours and 4. If you estimate potential burden or consumption (defined by the Protocol as $175,673. Burden means the total time, costs, explain how you arrived at the production plus imports, minus effort, or financial resources expended estimate that you provide. exports). The U.S. is also a signatory to by persons to generate, maintain, retain, 5. Offer alternative ways to improve amendments that created a schedule for or disclose or provide information to or the collection activity. the phaseout of the consumption of for a Federal agency. This includes the 6. Make sure to submit your HCFCs. The schedule called for a 35 comments by the deadline identified time needed to review instructions; percent reduction on January 1, 2004, develop, acquire, install, and utilize under DATES. followed by a 75 percent reduction on 7. To ensure proper receipt by EPA, technology and systems for the purposes January 1, 2010, a 90 percent reduction be sure to identify the docket ID number of collecting, validating, and verifying on January 1, 2015, a 99.5 percent assigned to this action in the subject information, processing and reduction on January 1, 2020, and a total line on the first page of your response. maintaining information, and disclosing phaseout on January 1, 2030. The U.S. You may also provide the name, date, and providing information; adjust the Environmental Protection Agency (EPA) and Federal Register citation. existing ways to comply with any is responsible for administering the previously applicable instructions and What Information Collection Activity or phaseout. The U.S. comfortably met the requirements which have subsequently ICR Does this Apply to? 35% reduction of the cap, and is on changed; train personnel to be able to Docket ID No. EPA–HQ–OAR–2003– schedule to meet the 75% reduction for respond to a collection of information; 0039. January 1, 2010. search data sources; complete and Affected entities: Entities potentially To ensure the U.S. compliance with review the collection of information; affected by this action are companies these limits and restrictions, EPA and transmit or otherwise disclose the that produce, import, and export class II established an allowance system to information. controlled ozone depleting substances. control U.S. production and import of The ICR provides a detailed Title: Reporting and Recordkeeping HCFCs by granting control measures explanation of the Agency’s estimate, Requirements of the HCFC Allowance referred to as baseline allowances. which is only briefly summarized here: System. Baseline allowances are based on the Estimated total number of potential ICR numbers: EPA ICR No. 2014.03, historical activity of individual respondents: 53. OMB Control No. 2060–0498. companies. There are two types of Frequency of response: Annually, ICR status: This ICR is currently allowances: consumption and Quarterly, or on occasion (Request for scheduled to expire on July 31, 2009. production allowances. Since each additional consumption Reports or An Agency may not conduct or sponsor, allowance is equal to 1 kilogram of Transfer of Allowance Report). and a person is not required to respond HCFC, EPA is able to monitor the Estimated total average number of to, a collection of information, unless it quantity of HCFCs being produced, responses for each respondent: 7.5 (393/ displays a currently valid OMB control imported and exported. Transfers of 53). number. The OMB control numbers for production and consumption Estimated total annual burden hours: EPA’s regulations in title 40 of the CFR, allowances among producers and 1860 hours. after appearing in the Federal Register importers are allowed and are tracked Estimated total annual costs: when approved, are listed in 40 CFR by EPA. $175,673. This includes an estimated part 9, are displayed either by The limits and restrictions for burden cost of $174,533 and an publication in the Federal Register or individual U.S. companies are estimated cost of $1,140 for capital by other appropriate means, such as on monitored by EPA through the investment or maintenance and the related collection instrument or recordkeeping and reporting operational costs. form, if applicable. The display of OMB requirements established in the There is an increase of 228 hours in control numbers in certain EPA regulations in 40 CFR part 82, subpart the total estimated respondent burden regulations is consolidated in 40 CFR A. To submit required information, compared with that identified in the ICR part 9. regulated entities can download currently approved by OMB. This Abstract: The international treaty The voluntary reporting forms from EPA’s increase reflects EPA’s updating of Montreal Protocol on Substances that Web site (http://www.epa.gov/ozone/ burden estimates for this collection. The

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increase can be attributed to two major ENVIRONMENTAL PROTECTION EPA has established a public docket changes; (1) an increase in the number AGENCY for this ICR under Docket ID No. EPA– of responses for the Request for HQ–OPPT–2008–0220, which is [EPA–HQ–OPPT–2008–0220; FRL–8776–1] Additional Allowance Report and available for online viewing at http:// www.regulations.gov, or in person Domestic Transfer of Allowances/Inter- Agency Information Collection viewing at the OPPT Docket in the EPA pollutant Transfer Report and (2) an Activities; Submission to OMB for Docket Center (EPA/DC), EPA West, increase in the number of activities per Review and Approval; Comment Room 3334, 1301 Constitution Ave., year for the Petition to Import Used Request; TSCA Section 5(a)(2) NW., Washington, DC. The EPA/DC Substances. Data retrieved from the ODS Significant New Use Rules for Existing Public Reading Room is open from 8 Tracking System and EPA staff confirm Chemicals; EPA ICR No. 1188.09, OMB a.m. to 4:30 p.m., Monday through the increase in these numbers of reports Control No. 2070–0038 Friday, excluding legal holidays. The received by the agency over the last AGENCY: telephone number for the Reading Room several years. Environmental Protection Agency (EPA). is 202–566–1744, and the telephone In addition to reflecting this trend, the number for the Pollution Prevention and ACTION: Notice. numbers for the Request for Additional Toxics Docket is 202–566–0280. Allowance Report and Domestic SUMMARY: In compliance with the Use EPA’s electronic docket and Transfer of Allowances/Inter-pollutant Paperwork Reduction Act (44 U.S.C. comment system at http:// Transfer Report were then adjusted to 3501 et seq.), this document announces www.regulations.gov to submit or view reflect an anticipated increase in that an Information Collection Request public comments, access the index allowance holders (i.e., new entrants (ICR) has been forwarded to the Office listing of the contents of the public into the allowance system), given EPA’s of Management and Budget (OMB) for docket, and to access those documents soon-to-be released final rulemaking review and approval: This is a request in the docket that are available electronically. Once in the system, which will assign allowances to HCFC– to renew an existing approved select ‘‘docket search,’’ then key in the 123, HCFC–124, HCFC–225ca, and collection. The ICR, which is abstracted docket ID number identified above. HCFC–225cb. below, describes the nature of the information collection activity and its Please note that EPA’s policy is that For all other report types, the update expected burden and costs. public comments, whether submitted to the burden analysis resulted in a electronically or in paper, will be made DATES: decrease in the total hours per year. Additional comments may be available for public viewing in http:// submitted on or before March 26, 2009. Overall, the increase to the number of www.regulations.gov as EPA receives ADDRESSES: Submit your comments, them and without change, unless the respondents or number of activities per referencing docket ID Number EPA– year for the three aforementioned comment contains copyrighted material, HQ–OPPT–2008–0220 to (1) EPA online Confidential Business Information (CBI), reports resulted in an overall net using http://www.regulations.gov (our or other information whose public increase of 228 hours in total annual preferred method), by e-mail to disclosure is restricted by statute. When respondent burden. [email protected] or by mail to: EPA identifies a comment containing What is the Next Step in the Process for Document Control Office (DCO), Office copyrighted material, EPA will provide this ICR? of Pollution Prevention and Toxics a reference to that material in the (OPPT), Environmental Protection version of the comment that is placed in EPA will consider the comments Agency, Mail Code: 7407T, 1200 http://www.regulations.gov. The entire received and amend the ICR as Pennsylvania Ave., NW., Washington, printed comment, including the appropriate. The final ICR package will DC 20460, and (2) OMB at: Office of copyrighted material, will be available then be submitted to OMB for review Information and Regulatory Affairs, in the public docket. Although and approval pursuant to 5 CFR Office of Management and Budget identified as an item in the official 1320.12. At that time, EPA will issue (OMB), Attention: Desk Officer for EPA, docket, information claimed as CBI, or another Federal Register notice 725 17th Street, NW., Washington, DC whose disclosure is otherwise restricted pursuant to 5 CFR 1320.5(a)(1)(iv) to 20503. by statute. For further information about announce the submission of the ICR to FOR FURTHER INFORMATION CONTACT: the electronic docket, go to http:// OMB and the opportunity to submit Barbara Cunningham, Director, www.regulations.gov. Title: TSCA Section 5(a)(2) Significant additional comments to OMB. If you Environmental Assistance Division, Office of Pollution Prevention and New Use Rules for Existing Chemicals. have any questions about this ICR or the ICR Numbers: EPA ICR No. 1188.09, Toxics, Environmental Protection approval process, please contact the OMB Control No. 2070–0038. technical person listed under FOR Agency, Mailcode: 7408–M, 1200 ICR Status: This ICR is currently FURTHER INFORMATION CONTACT. Pennsylvania Ave., NW., Washington, scheduled to expire on March 31, 2009. DC 20460; telephone number: 202–554– Under OMB regulations, the Agency Dated: February 17, 2009. 1404; e-mail address: TSCA- Brian McLean, may continue to conduct or sponsor the [email protected]. collection of information while this Director, Office of Air and Radiation. SUPPLEMENTARY INFORMATION: EPA has submission is pending at OMB. An [FR Doc. E9–3910 Filed 2–23–09; 8:45 am] submitted the following ICR to OMB for Agency may not conduct or sponsor, BILLING CODE 6560–50–P review and approval according to the and a person is not required to respond procedures prescribed in 5 CFR 1320.12. to, a collection of information, unless it On June 18, 2008 (73 FR 34725), EPA displays a currently valid OMB control sought comments on this ICR pursuant number. The OMB control numbers for to 5 CFR 1320.8(d). EPA received no EPA’s regulations in title 40 of the CFR, comments. Any comments related to after appearing in the Federal Register this ICR should be submitted to EPA when approved, are listed in 40 CFR and OMB within 30 days of this notice. part 9, are displayed either by

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publication in the Federal Register or information; search data sources; ADDRESSES: Submit your comments, by other appropriate means, such as on complete and review the collection of referencing docket ID number EPA–HQ– the related collection instrument or information; and transmit or otherwise OAR–2003–0078 to (1) EPA online form, if applicable. The display of OMB disclose the information. using http://www.regulations.gov (our control numbers in certain EPA Respondents/Affected Entities: preferred method), by e-mail to a-and- regulations is consolidated in 40 CFR Entities potentially affected by this [email protected], or by mail to: EPA part 9. action are companies that manufacture, Docket Center (EPA/DC), Environmental Abstract: Section 5 of the Toxic process, import, or distribute in Protection Agency, Air and Radiation Substances Control Act (TSCA) provides commerce chemical substances or Docket, mail code 2282T, 1200 EPA with a regulatory mechanism to mixtures. Pennsylvania Avenue, NW., monitor and, if necessary, control Frequency of Collection: On occasion. Washington, DC 20460; and (2) OMB at: significant new uses of chemical Estimated Average Number of Office of Information and Regulatory substances. Section 5 authorizes EPA to Responses for Each Respondent: 1. Affairs, Office of Management and determine by rule (a significant new use Estimated No. of Respondents: 20. Budget (OMB), Attention: Desk Officer Estimated Total Annual Burden on rule or SNUR), after considering all for EPA, 725 17th Street, NW., Respondents: 1,423 hours. relevant factors, that a use of a chemical Washington, DC 20503. substance represents a significant new Estimated Total Annual Costs: $9,403. Changes in Burden Estimates: There FOR FURTHER INFORMATION CONTACT: use. If EPA determines that a use of a Victoria Ludwig, Climate Change chemical substance is a significant new is a net increase of 562 hours (from 861 hours to 1,423 hours) in the total Division, Office of Atmospheric use, section 5 requires persons to submit Programs, 6207J, Environmental a significant new use notice (SNUN) to estimated respondent burden compared with that currently in the OMB Protection Agency, 1200 Pennsylvania EPA at least 90 days before they Avenue, NW., Washington, DC 20460; manufacture, import, or process the inventory. This increase reflects EPA’s updated estimates of an anticipated telephone number: (202) 343–9291; fax substance for that use. number: (202) 343–2202; e-mail address: EPA uses the information obtained increase in the number of SNURs [email protected]. through this collection to evaluate the promulgated from three to five per year health and environmental effects of the and an increase in the estimated number SUPPLEMENTARY INFORMATION: EPA has significant new use. EPA may take of SNUNs received from five to ten per submitted the following ICR to OMB for regulatory actions under TSCA section year. Additionally, estimated number of review and approval according to the 5, 6 or 7 to control the activities for chemicals per SNUR is estimated to fall procedures prescribed in 5 CFR 1320.12. which it has received a notice. These from 41 to 20. All of these changes are On June 3, 2008 (73 FR 31681), EPA actions include orders to limit or adjustments. sought comments on this ICR pursuant prohibit the manufacture, importation, Dated: February 18, 2009. to 5 CFR 1320.8(d). EPA received no processing, distribution in commerce, John Moses, comments. Any additional comments on use or disposal of chemical substances. Acting Director, Collection Strategies this ICR should be submitted to EPA If EPA does not take action, section 5 Division. and OMB within 30 days of this notice. EPA has established a public docket also requires EPA to publish a Federal [FR Doc. E9–3911 Filed 2–23–09; 8:45 am] for this ICR under docket ID number Register notice explaining the reasons BILLING CODE 6560–50–P for not taking action. EPA–HQ–OAR–2003–0078, which is Responses to the collection of available for public viewing online at information are mandatory (see 40 CFR ENVIRONMENTAL PROTECTION http://www.regulations.gov, and in part 721). AGENCY person viewing at the Air and Radiation Respondents may claim all or part of Docket in the EPA Docket Center (EPA/ a notice confidential. EPA will disclose [EPA–HQ–OAR–2003–0078; FRL–8776–2] DC), EPA West, Room 3334, 1301 information that is covered by a claim Constitution Avenue, NW., Washington, Agency Information Collection of confidentiality only to the extent DC. The EPA Docket Center Public Activities; Submission to OMB for permitted by, and in accordance with, Reading Room is open from 8:30 a.m. to Review and Approval; Comment the procedures in TSCA section 14 and 4:30 p.m. Monday through Friday, Request; Landfill Methane Outreach 40 CFR part 2. excluding legal holidays. The telephone Program (Renewal), EPA ICR Number Burden Statement: The annual public number for the Reading Room is (202) 1849.05, OMB Control Number 2060– reporting and recordkeeping burden for 566–1744 and the telephone number for 0446 this collection of information is the Air and Radiation Docket is (202) estimated to be approximately 71 hours AGENCY: Environmental Protection 566–1742. per response. Burden means the total Agency (EPA). Use EPA’s electronic docket and time, effort or financial resources ACTION: Notice. comment system at http:// expended by persons to generate, www.regulations.gov to submit or view maintain, retain or disclose or provide SUMMARY: In compliance with the public comments, access the index information to or for a Federal agency. Paperwork Reduction Act (44 U.S.C. listing of the contents of the docket, and This includes the time needed to review 3501 et seq.), this document announces access those documents in the docket instructions; develop, acquire, install that an Information Collection Request that are available electronically. Once in and utilize technology and systems for (ICR) has been forwarded to the Office the system, select ‘‘docket search,’’ then the purposes of collecting, validating of Management and Budget (OMB) for key in the docket ID number identified and verifying information, processing review and approval. This is a request above. Please note that EPA’s policy is and maintaining information, and to reinstate a previously approved ICR. that public comments, whether disclosing and providing information; The ICR that is abstracted below submitted electronically or in paper, adjust the existing ways to comply with describes the nature of the collection will be made available for public any previously applicable instructions and the estimated burden and cost. viewing at http://www.regulations.gov and requirements; train personnel to be DATES: Additional comments may be as EPA receives them and without able to respond to a collection of submitted on or before March 26, 2009. change, unless the comment contains

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copyrighted material, confidential project development opportunities in of these changes, the average number of business information (CBI), or other the United States. In addition, the hours per Partner has decreased, but the information whose public disclosure is information collection will assist LMOP total hourly burden for LMOP Partners restricted by statute. For further in evaluating the reduction of methane still increased because of an increase in information about the electronic docket, emissions from landfills. Responses to the number of Partners. For perspective go to http://www.regulations.gov. the information collection are voluntary. on the magnitude of Partner growth, Title: Landfill Methane Outreach Burden Statement: The annual public there were 365 Partners at the end of Program (Renewal). reporting and recordkeeping burden for 2003 when the ICR was last renewed, ICR Numbers: EPA ICR Number this collection of information is whereas there were 675 Partners as of 1849.05, OMB Control Number 2060– estimated to average 5 hours per July 2007. This indicates an 85% 0446. response. Burden means the total time, increase in Partners since the last ICR Status: This ICR was effort, or financial resources expended renewal. The remainder of the increase discontinued on July 31, 2007. EPA is by persons to generate, maintain, retain, in total hourly burden comes from a reinstating the previously approved ICR. and disclose or provide information to planned initiative to collect critical An Agency may not conduct or sponsor, or for a Federal agency. This includes landfill data from 1,000 additional and a person is not required to respond the time needed to review instructions; landfill owners and operators. These to, a collection of information, unless it develop, acquire, install, and utilize data are necessary in order to better displays a currently valid OMB control technology and systems for the purposes respond to public data requests and number. The OMB control numbers for of collecting, validating, and verifying evaluate the potential of future LFGE EPA’s regulations in Title 40 of the CFR, information, processing and opportunities. This type of data after appearing in the Federal Register maintaining information, and disclosing collection has not occurred during when approved, are listed in 40 CFR and providing information; adjust the LMOP’s history. This change is the part 9, and are displayed either by existing ways to comply with any result of a program change. publication in the Federal Register or previously applicable instructions and by other appropriate means, such as on requirements which have subsequently Dated: February 18, 2009. the related collection instrument or changed; train personnel to be able to John Moses, form, if applicable. The display of OMB respond to a collection of information; Acting Director, Collection Strategies control numbers in certain EPA search data sources; complete and Division. regulations is consolidated in 40 CFR review the collection of information; [FR Doc. E9–3912 Filed 2–23–09; 8:45 am] part 9. and transmit or otherwise disclose the BILLING CODE 6560–50–P Abstract: The Landfill Methane information. Outreach Program (LMOP), created by Respondents/Affected Entities: EPA as part of the Climate Change Landfill owners and operators (both FEDERAL COMMUNICATIONS Action Plan, is a voluntary program public and private), landfill gas energy COMMISSION designed to encourage and facilitate the project developers, manufacturers and development of environmentally and suppliers of landfill gas energy Notice of Public Information economically sound landfill gas (LFG) equipment, utilities, industries using Collection(s) Being Submitted for energy projects across the United States landfill gas energy, state agencies Review to the Office of Management in order to reduce methane emissions involved in energy, air pollution, and Budget from landfills. LMOP does this by economic development and solid waste February 17, 2009. educating local governments and management, and non-profits involved communities about the benefits of LFG in the solid waste management, public SUMMARY: The Federal Communications recovery and use; building partnerships works, local government and renewable Commission, as part of its continuing between state agencies, industry, energy energy sectors. effort to reduce paperwork burden service providers, local communities, Estimated Number of Respondents: invites the general public and other and other stakeholders interested in 1,279. Federal agencies to take this developing this valuable resource in Frequency of Response: Initially, opportunity to comment on the their community; and providing tools to occasionally, annually. following information collection(s), as evaluate LFG energy (LFGE) potential. Estimated Total Annual Hour Burden: required by the Paperwork Reduction LMOP signs voluntary Memoranda of 5,887. Act (PRA) of 1995, 44 U.S.C. 3501–3520. Understanding (MOU) with these Estimated Total Annual Cost: An agency may not conduct or sponsor organizations to enlist their support in $344,827, which includes $1,342 in a collection of information unless it promoting cost-effective LFG utilization. annualized O&M costs. displays a currently valid control The information collection includes Changes in the Estimates: There is an number. No person shall be subject to completion and submission of the MOU, increase of 4,354 hours in the total any penalty for failing to comply with and annual completion and submission estimated annual respondent burden a collection of information subject to the of information forms that include basic compared with that identified in the ICR Paperwork Reduction Act (PRA) that information on landfill gas energy previously approved by OMB. This does not display a valid control number. projects with which the organizations increase reflects a large growth in the Comments are requested concerning (a) are involved. The information collection number of LMOP Partners since the last Whether the proposed collection of also includes a one-time effort to update renewal. Since the last ICR renewal, information is necessary for the proper the LMOP Landfill and Landfill Gas LMOP no longer collects information performance of the functions of the Energy Project Database. The annually from Energy, State, and non- Commission, including whether the information collection is to be utilized developer Industry Partners, the information shall have practical utility; to maintain up-to-date data and information forms have been simplified (b) the accuracy of the Commission’s information about LMOP Partners and into pre-populated spreadsheets, and burden estimate; (c) ways to enhance landfill gas energy projects with which other collection efficiencies have been the quality, utility, and clarity of the they are involved. The data will also be implemented such as the option to information collected; and (d) ways to used by the public to assess LFGE submit MOUs electronically. As a result minimize the burden of the collection of

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information on the respondents, review by the Commission) for which a compatible phones, and imposed new including the use of automated party seeks confidential treatment. This requirements on manufacturers and collection techniques or other forms of same treatment is available for licensing service providers to ensure their information technology. applications filed in ULS and other product lines are current and include DATES: Written Paperwork Reduction reports that are filed electronically. handset models with varying levels of Act (PRA) comments should be Needs and Uses: The Commission functionality and are periodically submitted on or before April 27, 2009. will submit this information collection refreshed. The Commission also If you anticipate that you will be to the Office of Management and Budget required manufacturers and service submitting PRA comments, but find it (OMB) after this 60-day comment period providers to continue to file reports on difficult to do so within the period of in order to obtain its full three year the status of their compliance with these time allowed by this notice, you should clearance. The Commission is requirements, and it modified the advise the FCC contact listed below as requesting a revision of this information content and timing of these reports soon as possible. collection. The Commission is reporting (service providers were required to file a decrease in respondents since the last ADDRESSES: Direct all PRA comments to the new reports annually beginning on submission to OMB because Nicholas A. Fraser, Office of January 15, 2009 and subsequently manufacturers have already filed their Management and Budget, (202) 395– thereafter, and manufacturers also filed January 15, 2009 reports. Therefore, their reports on January 15, 2009 and 5887, or via fax at 202–395–5167 or via each respondent now needs to file only internet at then are required to file annually _ _ one report per year. Starting July 15, thereafter beginning on July 15, 2009). Nicholas A. [email protected] and 2009, all annual reports filed by service to [email protected], Federal The requirement to provide certain providers and manufacturers will be information in conjunction with Communications Commission, or an e- submitted using electronic FCC Form mail to [email protected]. product labeling remains, although the 655. details of the information required have FOR FURTHER INFORMATION CONTACT: For The Commission is implementing a changed slightly, especially with regard additional information, contact Judith B. mandatory electronic filing requirement to phones that have Wi-Fi air interface Herman at 202–418–0214 or via the for all manufacturers and service capability. Finally, the Commission Internet at [email protected]. providers. The Commission is required manufacturers and service SUPPLEMENTARY INFORMATION: eliminating the use of paper-based providers which already have public OMB Control Number: 3060–0999. annual reports and will require annual Web sites to publish up-to-date Title: Section 20.19, Hearing Aid- reports filed by manufacturers and information on their Web sites regarding Compatible Mobile Handsets Annual service providers to be submitted using their hearing aid-compatible models and Reporting (Hearing Aid Compatibility electronic FCC Form 655 beginning July to keep that information current. Act). 15, 2009. Use of the electronic FCC Form No.: FCC Form 655—electronic Form 655 will help filers ensure that Federal Communications Commission. only. their reports include all of the required Marlene H. Dortch, Type of Review: Revision of a information; will facilitate the Secretary. currently approved collection. Commission’s compilation of data from [FR Doc. E9–3929 Filed 2–23–09; 8:45 am] Respondents: Business or other for- the reports; and will decrease the BILLING CODE 6712–01–P profit. paperwork burden on all respondents Number of Respondents: 925 (service providers and manufacturers). respondents; 925 responses. The reporting criteria will assist the FEDERAL RESERVE SYSTEM Estimated Time per Response: 1–3 Commission staff in monitoring the hours. progress of implementation by phone Change in Bank Control Notices; Frequency of Response: Annual manufacturers and wireless service Acquisition of Shares of Bank or Bank reporting requirement and third party providers, and it will provide valuable Holding Companies disclosure requirement. information to the public concerning Obligation to Respond: Required to hearing aid-compatible handsets. The The notificants listed below have obtain or retain benefits. Statutory annual reports will permit the applied under the Change in Bank authority for these information Commission to continue to stay abreast Control Act (12 U.S.C. 1817(j)) and collections is contained in 47 U.S.C. of ongoing standards work and other § 225.41 of the Board’s Regulation Y (12 Sections 154(i), 303(r), and 610. pertinent information associated with CFR 225.41) to acquire a bank or bank Total Annual Burden: 12,525 hours. achieving digital wireless compatibility holding company. The factors that are Total Annual Cost: N/A. with hearing aids and cochlear considered in acting on the notices are Privacy Act Impact Assessment: N/A. implants. This information will help to set forth in paragraph 7 of the Act (12 Nature and Extent of Confidentiality: ensure that the Commission’s decisions U.S.C. 1817(j)(7)). In submitting the information requested relating to hearing aid compatibility The notices are available for in the annual reports, respondents may with wireless phones are fair to all immediate inspection at the Federal need to disclose confidential involved and reflect the actual status of Reserve Bank indicated. The notices information to satisfy the requirements. technology. The technical standard for also will be available for inspection at However, covered entities would be free hearing aid compatibility is required by the office of the Board of Governors. to request that such materials submitted the Hearing Aid Compatibility (HAC) Interested persons may express their to the Commission be withheld from Act of 1988, and will be used by views in writing to the Reserve Bank public inspection under 47 CFR 0.459 of covered entities and the Commission as indicated for that notice or to the offices the Commission’s rules. The a compliance guide. of the Board of Governors. Comments Commission’s rules provide for The Commission adopted and must be received not later than March requesting that confidential treatment be released a First Report and Order on 11, 2009. afforded particular materials that the February 28, 2008 (73 FR 25566) in A. Federal Reserve Bank of requesting party identifies and which the Commission modified the Minneapolis (Jacqueline G. King, submission of those materials (for deployment benchmarks for hearing aid- Community Affairs Officer) 90

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Hennepin Avenue, Minneapolis, acquiring 100 percent of the voting become a bank holding company by Minnesota 55480–0291: shares of Middlesex Savings Bank, both acquiring 100 percent of the voting 1. Michael John Finley, Janesville, of Natick, Massachusetts. shares of Valliance Bank, McKinney, Minnesota, to acquire control of In addition, Applicant also has Texas. Janesville Holding Company, and applied to merge with Service Bancorp, Board of Governors of the Federal Reserve thereby indirectly acquire control of MHC, and thereby indirectly acquire System, February 19, 2009. Janesville State Bank, both of Janesville, Service Bancorp, Inc., and Strata Bank, Robert deV. Frierson, Minnesota. all of Medway, Massachusetts. Deputy Secretary of the Board. Board of Governors of the Federal Reserve Board of Governors of the Federal Reserve [FR Doc. E9–3870 Filed 2–23–09; 8:45 am] System, February 19, 2009. System, February 18, 2009. BILLING CODE 6210–01–S Robert deV. Frierson, Robert deV. Frierson, Deputy Secretary of the Board. Deputy Secretary of the Board. [FR Doc. E9–3869 Filed 2–23–09; 8:45 am] [FR Doc. E9–3828 Filed 2–23–09; 8:45 am] GENERAL SERVICES BILLING CODE 6210–01–S BILLING CODE 6210–01–S ADMINISTRATION [OMB Control No. 3090–0248] FEDERAL RESERVE SYSTEM FEDERAL RESERVE SYSTEM General Services Administration Formations of, Acquisitions by, and Formations of, Acquisitions by, and Acquisition Regulation; Information Mergers of Bank Holding Companies Mergers of Bank Holding Companies Collection; Solicitation Provisions and Contract Clauses, Placement of Orders The companies listed in this notice The companies listed in this notice Clause, and Ordering Information have applied to the Board for approval, have applied to the Board for approval, Clause pursuant to the Bank Holding Company pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 et seq.) Act of 1956 (12 U.S.C. 1841 et seq.) AGENCY: Office of the Chief Acquisition (BHC Act), Regulation Y (12 CFR Part (BHC Act), Regulation Y (12 CFR Part Officer, GSA. 225), and all other applicable statutes 225), and all other applicable statutes ACTION: Notice of request for public and regulations to become a bank and regulations to become a bank comments regarding an extension to an holding company and/or to acquire the holding company and/or to acquire the existing OMB clearance. assets or the ownership of, control of, or assets or the ownership of, control of, or the power to vote shares of a bank or the power to vote shares of a bank or SUMMARY: Under the provisions of the bank holding company and all of the bank holding company and all of the Paperwork Reduction Act of 1995 (44 banks and nonbanking companies banks and nonbanking companies U.S.C. Chapter 35), the General Services owned by the bank holding company, owned by the bank holding company, Administration will be submitting to the including the companies listed below. including the companies listed below. Office of Management and Budget The applications listed below, as well The applications listed below, as well (OMB) a request to review and approve as other related filings required by the as other related filings required by the a renewal of a currently approved Board, are available for immediate Board, are available for immediate information collection requirement inspection at the Federal Reserve Bank inspection at the Federal Reserve Bank regarding solicitation provisions and indicated. The applications also will be indicated. The applications also will be contract clauses, placement of orders available for inspection at the offices of available for inspection at the offices of clause, and ordering information clause. the Board of Governors. Interested the Board of Governors. Interested The clearance currently expires on May persons may express their views in persons may express their views in 31, 2008. writing on the standards enumerated in writing on the standards enumerated in Public comments are particularly the BHC Act (12 U.S.C. 1842(c)). If the the BHC Act (12 U.S.C. 1842(c)). If the invited on: Whether this collection of proposal also involves the acquisition of proposal also involves the acquisition of information is necessary and whether it a nonbanking company, the review also a nonbanking company, the review also will have practical utility; whether our includes whether the acquisition of the includes whether the acquisition of the estimate of the public burden of this nonbanking company complies with the nonbanking company complies with the collection of information is accurate and standards in section 4 of the BHC Act standards in section 4 of the BHC Act based on valid assumptions and (12 U.S.C. 1843). Unless otherwise (12 U.S.C. 1843). Unless otherwise methodology; and ways to enhance the noted, nonbanking activities will be noted, nonbanking activities will be quality, utility, and clarity of the conducted throughout the United States. conducted throughout the United States. information to be collected. Additional information on all bank Additional information on all bank DATES: Submit comments on or before: holding companies may be obtained holding companies may be obtained April 27, 2009. from the National Information Center from the National Information Center FOR FURTHER INFORMATION CONTACT: website at www.ffiec.gov/nic/. website at www.ffiec.gov/nic/. Unless otherwise noted, comments Unless otherwise noted, comments Warren Blankenship, Procurement regarding each of these applications regarding each of these applications Analyst, Contract Policy Division, GSA, must be received at the Reserve Bank must be received at the Reserve Bank (202) 501–1900. indicated or the offices of the Board of indicated or the offices of the Board of ADDRESSES: Submit comments regarding Governors not later than March 20, Governors not later than March 20, this burden estimate or any other aspect 2009. 2009. of this collection of information, A. Federal Reserve Bank of Boston A. Federal Reserve Bank of Dallas (E. including suggestions for reducing this (Richard Walker, Community Affairs Ann Worthy, Vice President) 2200 burden, to the Regulatory Secretariat Officer) P.O. Box 55882, Boston, North Pearl Street, Dallas, Texas 75201– (VPR), General Services Administration, Massachusetts 02106–2204: 2272: Room 4041, 1800 F Street, NW., 1. Middlesex Bancorp, MHC, to 1. Valliance Texas Financial Washington, DC 20405. Please cite OMB become a bank holding company by Holdings, Inc., McKinney, Texas, to Control No. 3090–0248, Solicitation

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Provisions and Contract Clauses, DEPARTMENT OF HEALTH AND 20892, 301–594–3998, Placement of Orders Clause, and HUMAN SERVICES [email protected]. Ordering Information Clause, in all (Catalogue of Federal Domestic Assistance correspondence. National Institutes of Health Program Nos. 93.375, Minority Biomedical Research Support; 93.821, Cell Biology and SUPPLEMENTARY INFORMATION: National Institute of Mental Health; Biophysics Research; 93.859, Pharmacology, Amended Notice of Meeting Physiology, and Biological Chemistry A. Purpose Research; 93.862, Genetics and Notice is hereby given of a change in Developmental Biology Research; 93.88, The General Services Administration the meeting of the National Institute of Minority Access to Research Careers; 93.96, (GSA) has various mission Mental Health Special Emphasis Panel, Special Minority Initiatives, National responsibilities related to the April 2, 2009, 8 a.m. to April 2, 2009, Institutes of Health, HHS) acquisition and provision of the Federal 5 p.m., Westin Embassy Row, 2100 Dated: February 18, 2009. Acquisition Service’s (FAS’s) Stock, Massachusetts Ave., NW., Washington, Jennifer Spaeth, Special Order, and Schedules Programs. DC 20008 which was published in the Director, Office of Federal Advisory These mission responsibilities generate Federal Register on February 12, 2009, Committee Policy. requirements that are realized through 74 FR 7071. [FR Doc. E9–3949 Filed 2–23–09; 8:45 am] the solicitation and award of various The meeting will be held on the same BILLING CODE 4140–01–P types of FAS contracts. Individual date and times, but will now be held at solicitations and resulting contracts may The Topaz Hotel, 1733 N St., NW., Washington, DC 20036. The meeting is DEPARTMENT OF HEALTH AND impose unique information collection closed to the public. HUMAN SERVICES and reporting requirements on Dated: February 18, 2009. contractors, not required by regulation, Public Meeting of the President’s but necessary to evaluate particular Jennifer Spaeth, Council on Bioethics program accomplishments and measure Director, Office of Federal Advisory success in meeting program objectives. Committee Policy. AGENCY: Department of Health and As such, GSAR 516.506, Solicitation [FR Doc. E9–3948 Filed 2–23–09; 8:45 am] Human Services, Office of Public Health provision and clauses, specifically BILLING CODE 4150–28–P and Science, The President’s Council on Bioethics. directs contracting officers to insert 552.216–72, Placement of Orders, when ACTION: Notice. DEPARTMENT OF HEALTH AND the contract authorizes FAS and other HUMAN SERVICES SUMMARY: The President’s Council on activities to issue delivery or task orders Bioethics (Edmund D. Pellegrino, MD, and 552.216–73, Ordering Information, National Institutes of Health Chairman) will hold its thirty-sixth directs the Offeror to elect to receive meeting; the primary focus of discussion orders placed by FAS by either facsimile National Institute of General Medical will be the future of public bioethics transmission or computer-to-computer Sciences; Notice of Closed Meeting and national bioethics commissions in Electronic Data Interchange (EDI). Pursuant to section 10(d) of the the United States. The full agenda will be posted on the Council’s Web site at B. Annual Reporting Burden Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice http://www.bioethics.gov prior to the Respondents: 6,493. is hereby given of the following meeting. Subjects discussed at past Council meetings (although not on the Responses Per Respondent: 1. meeting. The meeting will be closed to the agenda for the March 2009 meeting) Annual Responses: 6,493. public in accordance with the include: therapeutic and reproductive Hours Per Response: .25. provisions set forth in sections cloning, assisted reproduction, reproductive genetics, neuroscience, Total Burden Hours: 1,623. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and aging retardation, organ transplantation, Obtaining Copies of Proposals: the discussions could disclose personalized medicine, standards for Requesters may obtain a copy of the confidential trade secrets or commercial the determination of death, children and information collection documents from property such as patentable material, bioethics, and lifespan-extension, the General Services Administration, and personal information concerning among others. Publications issued by Regulatory Secretariat (VPR), 1800 F individuals associated with the grant the Council to date include: Human Street, NW., Room 4041, Washington, applications, the disclosure of which Cloning and Human Dignity: An Ethical DC 20405, telephone (202) 501–4755. would constitute a clearly unwarranted Inquiry (July 2002); Beyond Therapy: Please cite OMB Control No. 3090–0248, invasion of personal privacy. Biotechnology and the Pursuit of Solicitation Provisions and Contract Happiness (October 2003); Being Name of Committee: National Institute of Human: Readings from the President’s Clauses, Placement of Orders Clause, General Medical Sciences Initial Review and Ordering Information Clause, in all Group Minority Programs Review Council on Bioethics (December 2003); correspondence. Subcommittee A. Monitoring Stem Cell Research (January Date: March 23, 2009. 2004); Reproduction and Responsibility: Dated: February 19, 2009. Time: 8:30 a.m. to 5 p.m. The Regulation of New Biotechnologies Al Matera, Agenda: To review and evaluate grant (March 2004); Alternative Sources of Director, Contract Policy Division. applications. Human Pluripotent Stem Cells: A White Place: Hyatt Regency Bethesda, 7400 [FR Doc. E9–3888 Filed 2–23–09; 8:45 am] Paper (May 2005); Taking Care: Ethical Wisconsin Avenue, Bethesda, MD 20814. Caregiving in Our Aging Society BILLING CODE 6820–61–P Contact Person: Mona R. Trempe, PhD, Scientific Review Officer, Office of Scientific (September 2005); Human Dignity and Review, National Institute of General Medical Bioethics: Essays Commissioned by the Sciences, National Institutes of Health, 45 President’s Council on Bioethics (March Center Drive, Room 3AN12, Bethesda, MD 2008); The Changing Moral Focus of

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Newborn Screening: An Ethical Analysis ‘‘[email protected]’’ should the sensitivity and specificity of the by The President’s Council on Bioethics read ‘‘[email protected]’’. tests, and the predictive value of (December 2008); and Controversies in [FR Doc. Z9–1009 Filed 2–23–09; 8:45 am] algorithms using two or more different the Determination of Death: A White rapid tests in combination. BILLING CODE 1505–01–D Paper by The President’s Council on Bioethics (December 2008). Reports are Specific tests are sought to meet one or more of the following purposes: (1) forthcoming on organ transplantation DEPARTMENT OF HEALTH AND and health care reform. Laboratory-based or rapid point-of-care HUMAN SERVICES tests designed to detect both HIV DATES: The meeting will take place antigen and antibody; (2) laboratory- Administration on Aging Thursday, March 12, 2009, from 9 a.m. based or rapid point-of-care tests that to 5 p.m., ET; and Friday, March 13, Delegation of Authority can distinguish persons with acute HIV 2009, from 9 a.m. to 10:45 a.m., ET. infection from persons who have longer- ADDRESSES: Renaissance Washington, Notice is hereby given that I have standing HIV infection; (3) laboratory- DC Hotel, 999 9th Street, NW., delegated to the Assistant Secretary for based or rapid point-of-care tests that Washington, DC 20001. Phone 202–898– Aging the authority vested in the can be used as supplemental 9000. Secretary of Health and Human Services confirmatory tests to help diagnose FOR FURTHER INFORMATION CONTACT: Ms. under section 119(c) of the Medicare HIV–1 or HIV–2 infection, (4) rapid Diane M. Gianelli, Director of Improvements for Patients and laboratory-based or rapid point-of-care Communications, The President’s Providers Act of 2008, Public Law 110– tests designed to detect HCV antibody, Council on Bioethics, 1425 New York 275 pertaining to making grants to antigen or both. Tests of interest include Avenue, NW., Suite C100, Washington, Aging and Disability Resource Centers those that can detect HIV–1⁄2 and/or DC 20005. Telephone: 202/296–4669. E- under the Aging and Disability Resource HCV antibody, antigen, RNA, or DNA mail: [email protected]. Web site: Center grant program. when used on whole blood, serum, http://www.bioethics.gov. These delegations shall be exercised plasma, oral fluid or dried blood spots. SUPPLEMENTARY INFORMATION: The under the Department’s policy on Evaluations will include the sensitivity meeting agenda will be posted at http:// regulations and the existing delegation and specificity of the test when used in www.bioethics.gov. The Council of authority to approve and issue the intended application (e.g., for encourages public input, either in regulations. This delegation excludes screening or confirmation). person or in writing. At this meeting, the authority to issue reports to SUMMARY: The National Center for HIV/ interested members of the public may Congress. AIDS, Viral Hepatitis, STD, and TB address the Council, beginning at 10:30 I hereby affirmed and ratified any Prevention (NCHHSTP) at the Centers a.m., on Friday, March 13. Comments actions taken by the Assistant Secretary for Disease Control and Prevention are limited to no more than five minutes for Aging or other Administration on (CDC) of the Department of Health and per speaker or organization. As a Aging officials, which involved the Human Services (DHHS) seeks one or courtesy, please inform Ms. Diane M. exercise of these authorities prior to the more companies that have developed or Gianelli, Director of Communications, effective date of this delegation. are distributing rapid diagnostic tests for in advance of your intention to make a This delegation was effective upon HIV or HCV and are interested in public statement, and give your name date of signature. marketing the tests for use in the United States. The Division of HIV/AIDS and affiliation. To submit a written Dated: February 9, 2009. statement, mail or e-mail it to Ms. Prevention and the Division of Viral Charles E. Johnson, Hepatitis are interested in evaluating Gianelli at one of her contact addresses Acting Secretary. given above. such tests. The evaluation will include [FR Doc. E9–3839 Filed 2–23–09; 8:45 am] determination of sensitivity and Dated: February 5, 2009. BILLING CODE 4154–01–M specificity of the test, and may also F. Daniel Davis, evaluate the predictive value of two or Executive Director, The President’s Council more different tests used in combination on Bioethics. DEPARTMENT OF HEALTH AND in populations of low prevalence. This [FR Doc. E9–3843 Filed 2–23–09; 8:45 am] HUMAN SERVICES collaboration will have an expected BILLING CODE 4154–06–P Centers for Disease Control and duration of two (2) to three (3) years. Prevention The goals of the collaboration include the timely development of data to be DEPARTMENT OF HEALTH AND used to determine whether the test HUMAN SERVICES Opportunity To Collaborate in the Evaluation of Rapid Diagnostic Tests could be used in screening and/or Agency for Healthcare Research and for HIV and HCV diagnosis for HIV or HCV in the United Quality States, and to examine laboratory-based AGENCY: Centers for Disease Control and or rapid point-of-care tests. These tests Agency Information Collection Prevention (CDC), Department of Health require high sensitivity to detect Activities: Proposed Collection; and Human Services (DHHS). persons with acute and longer-standing Comment Request ACTION: Opportunities for collaboration HIV infection; or high specificity to for evaluation of rapid diagnostic tests distinguish persons with acute infection Correction for HIV and hepatitis C virus (HCV). The from those with longer-standing In notice document E9–1009 Centers for Disease Control and infection; or high specificity for tests beginning on page 4748 in the issue of Prevention (CDC), National Center for that can be used as to confirm HIV–1 or Tuesday, January 27, 2009 make the HIV/AIDS, Viral Hepatitis, STD, and TB HIV–2 infection. Acute HIV infection is following correction: Prevention (NCHHSTP), has an defined as the early infection period On page 4749, in the first column, opportunity for collaboration to evaluate associated with a transient symptomatic under the ADDRESSES section, in the diagnostic tests for HIV and HCV. These illness, high viral load, and expansive sixth line, evaluations will include evaluation of immunologic response. For HCV testing,

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rapid tests to be used in the screening with acute or recent HIV infection from Dated: February 13, 2009. setting require high sensitivity and persons with longer standing infections. James D. Seligman, confirmatory tests with high specificity. NCHHSTP also seeks new methods that Chief Information Officer, Centers for Disease Confidential proposals, preferably six could serve to expedite confirmatory Control and Prevention. pages or less (excluding appendices), testing for HIV–1, HIV–2, and HCV [FR Doc. E9–3865 Filed 2–23–09; 8:45 am] are solicited from companies who have either at the point-of-care or in the BILLING CODE 4163–18–M a product that is suitable for commercial laboratory. distribution. NCHHSTP and Collaborator DEPARTMENT OF HEALTH AND DATES: Formal proposals must be Responsibilities submitted no later than 30 calendar HUMAN SERVICES days after date of publication in the The NCHHSTP role may include, but Federal Register. will not be limited to, the following: Administration for Children and Families ADDRESSES: Formal proposals should be (1) Providing scientific and technical submitted to Sal Butera, Associate expertise needed for the evaluation project; Proposed Information Collection Director for Laboratory Science, Activity; Comment Request NCHHSTP, CDC, 1600 Clifton Road, (2) Planning and conducting NE., Mailstop E–07, Atlanta, GA 30333; evaluation studies of the diagnostic tests Proposed Projects: Phone 404–639–6379; Fax 404–639– and interpreting results; and Title: Low Income Home Energy 3125; e-mail; [email protected]. (3) Publishing evaluation results. Assistance Program LIHEAP Leveraging Scientific questions should be The NCHHSTP anticipates that the Report. addressed to Bernard M. Branson, M.D., role of the successful collaborator(s) will OMB No.: 0970–0121. Division of HIV/AIDS Prevention, include the following: Description: The LIHEAP leveraging NCHSTP, CDC 1600 Clifton Road, NE., (1) Providing NCHHSTP access to incentive program rewards LIHEAP Mailstop D–21, Atlanta, GA 30333; data necessary to identify candidate grantees that have leveraged non-federal Phone 404–639–6166, Fax 404–639– tests for further evaluation; and home energy resources for low-income 0897; e-mail [email protected]. (2) Providing tests that can be used in households. The LIHEAP leveraging SUPPLEMENTARY INFORMATION: the evaluation. report is the application for leveraging Selection Criteria incentive funds that these LIHEAP Technology Sought grantees submit to the Department of One goal of the National Center for Proposals submitted for consideration Health and Human Services for each HIV/AIDS, Viral Hepatitis, STD, and TB will be evaluated according to selection fiscal year in which they leverage Prevention (NCHHSTP) is to develop criteria, and should address, as best as countable resources. Participation in the new approaches to increase the number possible and to the extent relevant to the leveraging incentive program is of persons infected with HIV and/or proposal, each of the following: voluntary and is described at 45 CFR HCV who know their status and have (1) Information on the technology 96.87. The LIHEAP leveraging report access to effective treatment. These used for the test, including basic obtains information on the resources approaches might include increasing the operating principals such as antigen or leveraged by LIHEAP grantees each use of more sensitive screening assays antibody components used for fiscal year (as cash, discounts, waivers, (such as antigen or nucleic acid detection; and in-kind); the benefits provided to amplification tests) that can identify (2) Data available on the performance low-income households by these persons with acute HIV infection; rapid characteristics of the tests in different resources (for example, as fuel and tests that can identify resolved or populations; payments for fuel, as home heating and ongoing HCV infection; and more (3) Information on the time required cooling equipment, and as sensitive and specific confirmatory to perform the test, whether the test is weatherization materials and assays that can be used at point-of-care performed on oral fluid, whole blood, installation); and the fair market value to obviate the need for clients to return serum, plasma, or dried blood spots, of these resources/benefits. for confirmed test results. NCHHSTP is and the steps involved in performing HHS needs this information in order seeking rapid diagnostic tests that are the test; to carry out statutory requirements for suitable for commercial distribution and (4) Information on the storage administering the LIHEAP leveraging that are simple: preferably, tests that use requirements and stability of the test; incentive program, to determine direct, unprocessed specimens (e.g., (5) Interest by the company to seek accountability and valuation of grantees whole blood); can be performed in 30 FDA approval and market the test in the leveraged non-federal home energy minutes or less by persons with United States; resources, and to determine grantees minimal training; include all necessary (6) Ability to provide to CDC shares of leveraging incentive funds. reagents in the test kit; can be stored at approximately 8,000 tests and all related HHS proposes to request a three-year temperatures between 25 and 39°C; and equipment to enable laboratory extension of OMB approval for the have a minimum 1-year shelf life. Of validation at CDC; currently approved LIHEAP leveraging particular interest are tests with high (7) Documentation of production report information collection. sensitivity for early stage HIV infection capacity to provide at least 500,000 tests Respondents: State, Local or Tribal and tests that can distinguish persons annually. Governments.

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ANNUAL BURDEN ESTIMATES

Average bur- Number of Number of den Total burden Instrument respondents responses per hours per hours respondent response

LIHEAP Leveraging Report ...... 70 1 38 2,660

Estimated Total Annual Burden Head Start (OHS), Administration for DEPARTMENT OF HEALTH AND Hours: 2,660. Children and Families (ACF), HUMAN SERVICES In compliance with the requirements Department of Health and Human of Section 506(c)(2)(A) of the Paperwork Services (DHHS). Food and Drug Administration Reduction Act of 1995, the Administration for Children and ACTION: Notice to award a Non- [Docket No. FDA–2007–D–0209] (formerly Families is soliciting public comment competitive Successor Grant. Docket No. 2007D–0491) on the specific aspects of the information collection described above. CFDA#: 93.600. Agency Information Collection Activities; Submission for Office of Copies of the proposed collection of Legislative Authority: Section 648(g) Management and Budget Review; information can be obtained and of the Head Start Act (42 U.S.C. 9843) comments may be forwarded by writing Comment Request; Dietary for these Career Advancement Supplement Labeling Requirements to the Administration for Children and Partnership Programs. Families, Office of Administration, and Recommendations under the Office of Information Services, 370 Project Period: January 22, 2009– Dietary Supplement and L’Enfant Promenade, SW., Washington, September 29, 2009. Nonprescription Drug Consumer DC 20447, Attn: ACF Reports Clearance SUMMARY: Notice is hereby given that Protection Act Officer. E-mail address: the Administration for Children and AGENCY: Food and Drug Administration, [email protected]. All requests Families (ACF), Educational HHS. should be identified by the title of the Development and Partnership Division ACTION: Notice. information collection. (EDPD) will award a non-competitive The Department specifically requests successor award to Southwestern Indian SUMMARY: The Food and Drug comments on: (a) Whether the proposed Polytechnic Institute (SIPI) a Tribal Administration (FDA) is announcing collection of information is necessary College federally charted and operated that a proposed collection of for the proper performance of the by the Bureau of Indian Education, information has been submitted to the functions of the agency, including Department of the Interior located in Office of Management and Budget whether the information shall have Albuquerque, NM. Southwestern Indian (OMB) for review and clearance under practical utility; (b) the accuracy of the Polytechnic Institute (SIPI) will assume the Paperwork Reduction Act of 1995. agency’s estimate of the burden of the a grant award under the Head Start Elsewhere in this issue of the Federal proposed collection of information; (c) Career Advancement Partnership Register, FDA is announcing that a the quality, utility, and clarity of the Program for the remainder of the project proposed collection of information information to be collected; and (d) period January 22, 2009 to September regarding labeling requirements for ways to minimize the burden of the 29, 2009. The Board of Regents, nonprescription human drugs marketed collection of information on Southwestern Indian Polytechnic without an approved application has respondents, including through the use been submitted to OMB for review. Institute, has relinquished the grant to of automated collection techniques or DATES: Fax written comments on the other forms of information technology. its Federal entity to ensure greater internal controls. collection of information by March 26, Consideration will be given to 2009. comments and suggestions submitted FOR FURTHER INFORMATION CONTACT: ADDRESSES: To ensure that comments on within 60 days of this publication. Georgeline Sparks, Program Officer, the information collection are received, Dated: February 19, 2009. Educational Development and OMB recommends that written Janean Chambers, Partnership Division, 1250 Maryland comments be faxed to the Office of Reports Clearance Officer. Ave., SW., Washington, DC 20024 or by Information and Regulatory Affairs, [FR Doc. E9–3859 Filed 2–23–09; 8:45 am] phone at (202) 205–8539, or by e-mail OMB, Attn: FDA Desk Officer, FAX: BILLING CODE 4184–01–P at [email protected]. 202–395–6974, or e-mailed to _ Dated: February 13, 2009. oira [email protected]. All comments should be identified with the Patricia Brown, DEPARTMENT OF HEALTH AND OMB control number 0910–NEW and HUMAN SERVICES Acting Director, Office of Head Start. title, ‘‘Dietary Supplement Labeling [FR Doc. E9–3833 Filed 2–23–09; 8:45 am] Requirements and Recommendations Administration for Children and BILLING CODE 4184–01–P under the Dietary Supplement and Families Nonprescription Drug Consumer Protection Act.’’ Also include the FDA Educational Development and docket number found in brackets in the Partnership Division, Office of Head heading of this document. Start FOR FURTHER INFORMATION CONTACT: AGENCY: Educational Development and Jonna Capezzuto, Office of Information Partnership Division (EDPD), Office of Management (HFA–710), Food and Drug

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Administration, 5600 Fishers Lane, intent regarding enforcing the labeling SKUs for which sales of the products are Rockville, MD 20857, 301–796–3794. requirements of section 403(y) of the greater than zero is 55,600. This number SUPPLEMENTARY INFORMATION: In act. of SKUs is similar to the number of compliance with 44 U.S.C. 3507, FDA In the Federal Register of January 2, dietary supplement products that was has submitted the following proposed 2008 (73 FR 197), FDA published a suggested by several comments and the collection of information to OMB for notice of availability for the original number estimated by the Office of review and clearance. draft guidance that also gave notice of Dietary Supplements at NIH. the proposed collections of information FDA did not receive any comments Dietary Supplement Labeling in the draft guidance, included an regarding the number of firms that Requirements and Recommendations analysis and burden estimate for these would be responsible for re-labeling the under the Dietary Supplement and proposed collections of information, dietary supplement products. Therefore, Nonprescription Drug Consumer and provided 60 days for public we retain our estimate that there are Protection Act comment under the Paperwork about 1,460 dietary supplement firms On December 22, 2006, the President Reduction Act of 1995 (PRA). FDA did that must comply with the labeling signed into law the Dietary Supplement not revise the PRA burden analysis and requirements of section 403(y) of the and Nonprescription Drug Consumer estimate when it issued the revised draft act. Assuming the 55,600 SKUs are split Protection Act (DSNDCPA) (Public Law guidance in December 2008 because the equally among the firms, then each firm 109–462, 120 Stat. 3469). This law revisions did not affect them. would be responsible for updating about amends the Federal Food, Drug, and Several comments suggested that FDA 38 SKUs. FDA also did not receive any Cosmetic Act (the act) with respect to underestimated the number of dietary serious adverse event reporting for supplement labels that would have to be comments regarding how many of the dietary supplements and revised. Two comments noted that in dietary supplement SKUs would have to nonprescription drugs marketed without the past FDA had estimated the number undergo a label change to include the an approved application. The law also of distinct dietary supplement labels at complete domestic address or domestic amended the act to add section 403(y) 29,514, and another comment noted that phone number of the responsible person (21 U.S.C. 343(y)), which requires the in the past FDA had estimated the as required by the DSNDCPA. Thus, as label of a dietary supplement marketed number of distinct dietary supplement in the 60-day notice, FDA is assuming in the United States to include a labels at 75,000. Several other conservatively that all labels will need domestic address or domestic telephone comments suggested that the number of to be redesigned. number through which the product’s dietary supplements sold in the United Several comments noted that the manufacturer, packer or distributor may States was between 50,000 and 60,000 overall process of changing a label receive a report of a serious adverse products based on information from the requires a significant amount of time to event associated with the dietary Office of Dietary Supplements at the implement; however, FDA did not supplement. National Institutes of Health (NIH). All receive any estimates of the actual time In the Federal Register of January 2, the aforementioned comments suggested it would take to assess the current 2008 (73 FR 197), FDA announced the that the costs associated with re-labeling layout of each label and redesign it. availability of a draft guidance the dietary supplements represented a FDA also did not receive any estimates document entitled ‘‘Questions and significant burden to the industry. of how many firms would choose to Answers Regarding the Labeling of Based on these comments, FDA has include an explanatory statement on the Dietary Supplements as Required by the revised its estimate of the number of reason for the domestic address or Dietary Supplement and labels that would have to be redesigned telephone number appearing on the Nonprescription Drug Consumer to include the complete domestic label of the dietary supplement product, Protection Act. ’’ In the Federal Register address or domestic telephone number though several comments speculated of December 11, 2008 (73 FR 75438), of the responsible person for each that all or nearly all firms would be FDA announced the availability of a dietary supplement stockkeeping unit likely to include an explanatory revised version of the same draft (SKU). statement. Because we did not receive guidance document . The guidance FDA used A.C. Nielsen Sales Scanner any comments on the burden associated document contains questions and Data from 2004 to improve its estimate with each of these tasks, we retain our answers relating to the labeling of the number of dietary supplement original estimates. We assume requirements in section 403(y) of the act SKUs. The 2004 A.C. Nielsen scanner conservatively that all firms will and provides guidance to industry on data are more recent and more complete include an explanatory statement on the the following topics: (1) The meaning of than the data FDA used to derive the label, and we estimate that the redesign ‘‘domestic address’’ for purposes of the estimate used in the 60-day notice. FDA of each label to include the domestic labeling requirements of section 403(y) also adjusted the Nielsen scanner data address or telephone number and the of the act; (2) FDA’s recommendation estimate to account for methods of sale explanatory statement will take a total for the use of an introductory statement not covered by the Nielsen scanner data, of 8 hours (4 hours for each change). before the domestic address or such as non-participating retailers and FDA estimates the burden of this telephone number that is required to internet sales. Based on the adjusted collection of information as follows: appear on the product label under Nielsen scanner data, FDA estimates section 403(y) of the act; and (3) FDA’s that the number of dietary supplement Hour Burden Estimate

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TABLE 1.—ESTIMATED ONE-TIME REPORTING BURDEN 1

No. of Annual Frequency Total annual Hours Per Respondents per Response Responses Response Total Hours

Domestic address or telephone number labeling requirement (21 U.S.C. 343(y)) 1,460 38.0822 55,600 4 222,400

FDA recommendation for label statement explaining purpose of domestic address or telephone number 1,460 38.0822 55,600 4 222,400

Total 444,800 1 There are no capital costs or maintenance and operating costs associated with this collection of information.

Dated: February 17, 2009. OMB, Attn: FDA Desk Officer, FAX: the Federal Register of January 2, 2008 Jeffrey Shuren, 202–395–6974, or e-mailed to (73 FR 196), FDA announced the Associate Commissioner for Policy and [email protected]. All availability of a draft guidance Planning. comments should be identified with the document entitled ‘‘Questions and [FR Doc. E9–3916 Filed 2–23–09; 8:45 am] title ‘‘Labeling of Nonprescription Answers Regarding the Labeling of BILLING CODE 4160–01–S Human Drug Products Marketed Nonprescription Human Drug Products Without an Approved Application as Marketed Without an Approved Required by the Dietary Supplement Application as Required by the Dietary DEPARTMENT OF HEALTH AND and Nonprescription Drug Consumer Supplement and Nonprescription Drug HUMAN SERVICES Protection Act: Questions and Consumer Protection Act.’’ In the Answers.’’ Also include the FDA docket Federal Register of December 11, 2008 Food and Drug Administration number found in brackets in the (73 FR 75436), FDA published a notice [Docket No. FDA–2007–D–0429] (formerly heading of this document. of availability of a revised version of the Docket No. 2007D–0496) FOR FURTHER INFORMATION CONTACT: same draft guidance document. The Elizabeth Berbakos, Office of guidance document contains questions Agency Information Collection Information Management (HFA–710), and answers relating to the labeling Activities; Submission for Office of Food and Drug Administration, 5600 requirement and provides guidance to Management and Budget Review; Fishers Lane, Rockville, MD 20857, industry on the following topics: (1) The Comment Request; Labeling of 301–796–3792. meaning of ‘‘domestic address’’ for Nonprescription Human Drug Products purposes of the labeling requirements of Marketed Without an Approved SUPPLEMENTARY INFORMATION: In section 502(x) of the act; (2) FDA’s Application as Required by the Dietary compliance with 44 U.S.C. 3507, FDA recommendation for the use of an Supplement and Nonprescription Drug has submitted the following proposed introductory statement before the Consumer Protection Act: Questions collection of information to OMB for domestic address or telephone number and Answers review and clearance. that is required to appear on the product Labeling of Nonprescription Human label under section 502(x) of the act; AGENCY: Food and Drug Administration, Drug Products Marketed Without an and (3) FDA’s intent regarding enforcing HHS. Approved Application as Required by the labeling requirements of section ACTION: Notice. the Dietary Supplement and 502(x) of the act. Title: Labeling of Nonprescription SUMMARY: The Food and Drug Nonprescription Drug Consumer Protection Act: Questions and Answers Human Drug Products Marketed Administration (FDA) is announcing Without an Approved Application as that a proposed collection of On December 22, 2006, the President Required by the Dietary Supplement information has been submitted to the signed into law the Dietary Supplement and Nonprescription Drug Consumer Office of Management and Budget and Nonprescription Drug Consumer Protection Act: Questions and Answers. (OMB) for review and clearance under Protection Act (Public Law 109–462, Description of Respondents: the Paperwork Reduction Act of 1995 120 Stat. 3469). This law amends the Respondents to this collection of (the PRA). Elsewhere in this issue of the Federal Food, Drug, and Cosmetic Act information are manufacturers, packers, Federal Register, FDA is announcing (the act) with respect to serious adverse and distributors whose name (under that a proposed collection of event reporting for dietary supplements section 502(b)(1) of the act (21 U.S.C. information regarding dietary and nonprescription drugs marketed 352(b)(1))) appears on the label of a supplement labeling requirements and without an approved application. nonprescription drug product marketed recommendations has been submitted Section 502(x) of the act (21 U.S.C. in the United States without an for OMB review. 352(x)), which was added by Public Law approved application. DATES: Fax written comments on the 109–462, requires the label of a Burden Estimate: FDA is requesting collection of information by March 26, nonprescription drug product marketed public comment on the estimated one- 2009. without an approved application in the time reporting burden from these ADDRESSES: To ensure that comments on United States to include a domestic respondents, as required by 502(x) of the information collection are received, address or domestic telephone number the act and described in the guidance OMB recommends that written through which a responsible person ‘‘Labeling of Nonprescription Human comments be faxed to the Office of may receive a report of a serious adverse Drug Products Marketed Without an Information and Regulatory Affairs, event associated with the product. In Approved Application as Required by

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the Dietary Supplement and reporting are based on FDA’s knowledge not marketed under an approved Nonprescription Drug Consumer of nonprescription drug product application. Protection Act: Questions and labeling in the United States, whether or FDA estimates the burden of this Answers.’’ The estimates for one-time collection of information as follows:

TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN 1

No. of Frequency Total Hours per Respondents per Response Responses Response Total Hours

Domestic address or telephone number labeling requirement (21 U.S.C. 502(x)) and recommenda- tion to clarify its purpose 200 500 100,000 4 400,000 1 There are no capital costs or maintenance and operating costs associated with this collection of information.

As indicated in Table 1 of this might exceed manufacturers’ labeling associated pneumonia (VAP). This document, we estimate that revision capacity. Several comments public workshop is intended to provide approximately 200 manufacturers will requested that FDA extend the date of information about, and gain perspective revise approximately 100,000 labels to its enforcement discretion. In response from, health care providers, academia, add a full domestic address and a to comments, in December 2008, FDA and industry on various aspects of domestic telephone number, and should published a notice of availability of the antimicrobial drug development for they choose to adopt the guidance’s revised draft guidance for industry. The HAP and VAP, including diagnosis of recommendation, to add a statement revised draft guidance was identical to HAP and VAP, effect of antimicrobial identifying the purpose of the domestic the first draft guidance, with the treatment for HAP and VAP, endpoints address or telephone number. FDA exception that, in the revised draft for trials of HAP and VAP, and believes that designing the label change guidance, FDA stated its intention to statistical issues in analysis of results of should not take longer than 4 hours per exercise enforcement discretion until trials in HAP and VAP. The input from label. Automated printing of the labels January 1, 2010. As a result, any label this public workshop will help in should only require a few seconds per revision made as a result of this developing topics for further discussion. label. This estimate accounts for the guidance would likely be made Date and Time: The public workshop possibility that every manufacturer will contemporaneously with other will be held on March 31, 2009, from 8 make label revision, which is unlikely. scheduled label revisions, minimizing a.m. to 6 p.m. and on April 1, 2009, Because the majority of over-the-counter the burden to industry. from 8 a.m. to 5 p.m. drug product labels currently have a Dated: February 17, 2009. Location: The public workshop will be held at the Crowne Plaza Hotel, domestic telephone number that Jeffrey Shuren, satisfies the requirement, we believe Kennedy Ballroom, 8777 Georgia Ave., Associate Commissioner for Policy and Silver Spring, MD 20910. Seating is many manufacturers will opt not to Planning. adopt the guidance’s recommendation limited and available only on a first- [FR Doc. E9–3917 Filed 2–23–09; 8:45 am] to add a statement identifying the come, first-served basis. purpose of the address or telephone BILLING CODE 4160–01–S Contact: Chris Moser or Lori Benner, number, significantly reducing the Center for Drug Evaluation and Research, Food and Drug number of total responses. However, DEPARTMENT OF HEALTH AND Administration, Office of Antimicrobial assuming that all labels are revised, HUMAN SERVICES estimate a one-time reporting burden for Products, 10903 New Hampshire Ave., this information collection of 400,000 Food and Drug Administration Bldg. 22, rm. 6209, Silver Spring, MD hours. 20993– 0002, 301–796–1300. In the Federal Register of January 2, [Docket No. FDA–2009–N–0664] Registration: To register 2008 (73 FR 196), FDA published a electronically, e-mail registration Clinical Trial Design for Hospital- notice of availability for the original information (including name, title, firm Acquired Pneumonia and Ventilator- draft guidance that also gave notice of name, address, telephone, and fax Associated Pneumonia; Public the proposed collections of information numbers) to [email protected] by Workshop in the draft guidance, included an March 23, 2009. Persons without access analysis and burden estimate for those AGENCY: Food and Drug Administration, to the Internet can call 301–796–1300 to proposed collections of information, HHS. register. Registration is free for the public workshop. Interested parties are and provided 60 days for public ACTION: Notice of public workshop. comment under the PRA. FDA did not encouraged to register early because revise the PRA burden analysis and SUMMARY: The Food and Drug space is limited. Seating will be estimate when it issued the revised draft Administration (FDA) is announcing a available on a first-come, first-served guidance in December 2008 because the public workshop, cosponsored with the basis. Persons needing a sign language revisions did not affect them. Infectious Diseases Society of America interpreter or other special FDA received one comment on the (IDSA), the American College of Chest accommodations should notify Chris proposed collections of information, Physicians (ACCP), the Society of Moser or Lori Benner (see Contact) at stating that the time involved in revising Critical Care Medicine (SCCM), and the least 7 days in advance. labels would be significantly longer American Thoracic Society (ATS) SUPPLEMENTARY INFORMATION: FDA is than the typical timeframe to implement regarding scientific issues in clinical announcing a public workshop, labeling changes because the volume of trial design for hospital-acquired cosponsored with IDSA, ACCP, SCCM, labels required to be revised at one time pneumonia (HAP) and ventilator- and ATS, regarding antimicrobial drug

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development for HAP and VAP. This Food and Drug Administration, 5600 Dated: February 18, 2009. public workshop will focus on scientific Fishers Lane (for express delivery, 5630 Jennifer Spaeth, considerations in designing clinical Fishers Lane, rm. 1093), Rockville, MD Director, Office of Federal Advisory trials for HAP and VAP. Topics for 20857, 301–827–6793, FAX: 301–827– Committee Policy. discussion include the following: (1) 6776, e-mail: [email protected], [FR Doc. E9–3952 Filed 2–23–09; 8:45 am] Approaches to the diagnosis of HAP and or FDA Advisory Committee BILLING CODE 4140–01–P VAP, (2) the effect of antimicrobial Information Line, 1–800–741–8138 treatment for HAP and VAP, (3) various (301–443–0572 in the Washington, DC endpoints that might be considered as area), code 3014512532. Please call the DEPARTMENT OF HEALTH AND endpoints for trials of HAP and VAP, Information Line for up-to-date HUMAN SERVICES and (4) statistical issues in analysis of information on this meeting. results from trials in HAP and VAP. The Dated: February 17, 2009. National Institutes of Health input from this public workshop will Randall W. Lutter, help in developing topics for further Deputy Commissioner for Policy. Eunice Kennedy Shriver National discussion. Institute of Child Health & Human The agency encourages individuals, [FR Doc. E9–3830 Filed 2–23–09; 8:45 am] BILLING CODE 4160–01–S Development; Notice of Closed patient advocates, industry, consumer Meeting groups, health care professionals, researchers, and other interested DEPARTMENT OF HEALTH AND Pursuant to section 10(d) of the persons to attend this public workshop. HUMAN SERVICES Federal Advisory Committee Act, as Transcripts: Transcripts of the public amended (5 U.S.C. Appendix 2), notice workshop may be requested in writing National Institutes of Health is hereby given of the following from the Freedom of Information Office meeting. (HFI–35), Food and Drug Eunice Kennedy Shriver National Administration, 5600 Fishers Lane, rm. Institute of Child Health & Human The meeting will be closed to the 6–30, Rockville, MD 20857, Development; Notice of Closed public in accordance with the approximately 20 working days after the Meeting provisions set forth in sections public workshop at a cost of 10 cents 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Pursuant to section 10(d) of the per page. Transcripts will also be as amended. The grant applications and Federal Advisory Committee Act, as available on the Internet at http:// the discussions could disclose amended (5 U.S.C. Appendix 2), notice www.fda.gov/cder/meeting/ confidential trade secrets or commercial is hereby given of the following hap_vap.htm approximately 45 days property such as patentable material, meeting. after the workshop. The meeting will be closed to the and personal information concerning Dated: February 17, 2009. public in accordance with the individuals associated with the grant Jeffrey Shuren, provisions set forth in sections applications, the disclosure of which Associate Commissioner for Policy and 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., would constitute a clearly unwarranted Planning. as amended. The grant applications and invasion of personal privacy. [FR Doc. E9–3832 Filed 2–23–09; 8:45 am] the discussions could disclose Name of Committee: National Institute of BILLING CODE 4160–01–S confidential trade secrets or commercial Child Health and Human Development Initial property such as patentable material, Review Group. Population Sciences and personal information concerning Subcommittee. DEPARTMENT OF HEALTH AND individuals associated with the grant Date: March 26–27, 2009. HUMAN SERVICES applications, the disclosure of which Time: 8 a.m to 5 p.m. would constitute a clearly unwarranted Agenda: To review and evaluate grant Food and Drug Administration invasion of personal privacy. applications. [Docket No. FDA–2009–N–0664] Name of Committee: National Institute of Place: The Madison Hotel, 1177 15th Child Health and Human Development Initial Street, NW., Washington, DC 20005. Arthritis Advisory Committee; Notice Review Group; Obstetrics and Maternal-Fetal Contact Person: Carla T. Walls, PhD, of Postponement of Meeting Biology Subcommittee. Scientific Review Administratior, Division of Date: March 23, 2009. Scientific Review, National Institute of Child AGENCY: Food and Drug Administration, Time: 9 a.m. to 5 p.m. Health, and Human Development, NIH, 6100 HHS. Agenda: To review and evaluate grant Executive Blvd., Room 5B01, Bethesda, MD applications and/or proposals. ACTION: Notice. 20892, (301) 435–6898, [email protected]. Place: Courtyard Gaithersburg (Catalogue of Federal Domestic Assistance SUMMARY: The Food and Drug Washingtonian Center, 204 Boardwalk Place, Program Nos. 93.864, Population Research; Administration (FDA) is postponing the Gaithersburg, MD 20878. Contact Person: Gopal M. Bhatnagar, PhD, 93.865, Research for Mothers and Children; meeting of the Arthritis Advisory Scientific Review Administrator, National 93.929, Center for Medical Rehabilitation Committee scheduled for March 5, 2009. Institute of Child Health and Human Research; 93.209, Contraception and This meeting was announced in the Development, National Institutes of Health, Infertility Loan Repayment Program, National Federal Register of January 29, 2009 (74 6100 Executive Blvd., Rm. 5b01, Rockville, Institutes of Health, HHS) FR 5165). The postponement is due to MD 20852, (301) 435–6889, the need to complete the review of [email protected]. Dated: February 18, 2009. additional data submitted by the (Catalogue of Federal Domestic Assistance Jennifer Spaeth, applicant. Future meeting dates will be Program Nos. 93.864, Population Research; Director, Office of Federal Advisory announced in the Federal Register. 93.865, Research for Mothers and Children; Committee Policy. 93.929, Center for Medical Rehabilitation FOR FURTHER INFORMATION CONTACT: Research; 93.209, Contraception and [FR Doc. E9–3956 Filed 2–23–09; 8:45 am] Nicole Vesely, Center for Drug Infertility Loan Repayment Program, National BILLING CODE 4140–01–P Evaluation and Research (HFD–21), Institutes of Health, HHS)

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DEPARTMENT OF HEALTH AND Dated: February 18, 2009. in Sarasota County, Florida, to Paul HUMAN SERVICES Jennifer Spaeth, Athanas (TE126176–0) and to David Director, Office of Federal Advisory Boxer (TE156306–0) in Charlotte National Institutes of Health Committee Policy. County, Florida (Applicants). The [FR Doc. E9–3950 Filed 2–23–09; 8:45 am] Applicants have requested renewals that National Institute of General Medical BILLING CODE 4140–01–P will extend permit expiration by 5 years Sciences; Notice of Closed Meetings from the date their permits are reissued. The Applicants have agreed to follow all Pursuant to section 10(d) of the DEPARTMENT OF HEALTH AND of the existing habitat conservation plan Federal Advisory Committee Act, as HUMAN SERVICES (HCP) conditions. If renewed, no amended (5 U.S.C. Appendix 2), notice additional take will be authorized. is hereby given of the following National Institutes of Health DATES: We must receive your written meetings. comments on the permit renewals on or The meetings will be closed to the Statement of Delegation of Authority before March 26, 2009. public in accordance with the Notice is hereby given that I have ADDRESSES: See the SUPPLEMENTARY provisions set forth in sections delegated to the Director, National INFORMATION section below for 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Institutes of Health (NIH), with the information on how to submit your as amended. The grant applications and authority to redelegate, the authorities comments on the permit renewals. You the discussions could disclose under Section 105 of the National may obtain a copy of the permit renewal confidential trade secrets or commercial Institutes of Health Reform Act of 2006 applications and the HCPs by writing to property such as patentable material, (Pub. L. No. 109–482), 42 U.S.C. 284n, the South Florida Ecological Services and personal information concerning pertaining to certain demonstration Office, Attn: Permit number TE126176– individuals associated with the grant projects authorized by this Section. 1/TE156306–1, U.S. Fish and Wildlife applications, the disclosure of which The Secretary of Health and Human Service, 1339 20th Street, Vero Beach, would constitute a clearly unwarranted Services retains the authority to submit FL 32960–3559. In addition, we will invasion of personal privacy. reports to Congress. The delegation shall make the permit renewal applications Name of Committee: National Institute of be exercised in accordance with the and HCPs available for public General Medical Sciences Special Emphasis Department’s applicable policies, inspection by appointment during Panel; Training Grant Applications. procedures, guidelines and regulations. normal business hours at the above Date: March 20, 2009. In addition, the delegation ratifies and address. Time: 1 p.m. to 3 p.m. affirms any actions taken by the FOR FURTHER INFORMATION CONTACT: Agenda: To review and evaluate grant Ms. Director, National Institutes of Health, Trish Adams, Fish and Wildlife applications. or subordinates that involved the Place: National Institutes of Health, Biologist, South Florida Ecological Natcher Building, Room 3AN12, 45 Center exercise of the authorities prior to the Services Office (see ADDRESSES); Drive, Bethesda, MD 20892, (Telephone effective date of the delegation. telephone: (772) 562–3909, ext. 232. This delegation is effective upon date Conference Call). SUPPLEMENTARY INFORMATION: If you Contact Person: Arthur L. Zachary, PhD, of signature. wish to comment on the permit Scientific Review Officer, Office of Scientific Dated: February 9, 2009. renewals, you may submit comments by Review, National Institute of General Medical Charles E. Johnson, Sciences, National Institutes of Health, any one of the following methods. Natcher Building, Room 3AN–12, Bethesda, Acting Secretary. Please reference permit number MD 20892, (301) 594–2886, [FR Doc. E9–3844 Filed 2–23–09; 8:45 am] TE126176–1/TE156306–1 in such [email protected]. BILLING CODE 4140–01–M comments. Name of Committee: National Institute of 1. Mail or hand-deliver comments to General Medical Sciences Special Emphasis our South Florida Ecological Services Panel; ZGM1–GDB–2–CP. DEPARTMENT OF THE INTERIOR Office address (see ADDRESSES). Date: March 23–24, 2009. 2. E-mail comments to _ Time: 8 a.m. to 5 p.m. Fish and Wildlife Service trish [email protected]. If you do not Agenda: To review and evaluate grant receive a confirmation that we have applications. [FWS–R4–ES–2008–N0332; 40120–1112– received your e-mail message, contact Place: National Institutes of Health, 0000–F2] us directly at the telephone number Natcher Building, Room 3AN12, 45 Center listed under FOR FURTHER INFORMATION Drive, Bethesda, MD 20892, (Virtual Receipt of Applications for the Meeting). Renewal of Incidental Take Permits for CONTACT. Before including your address, phone Contact Person: Arthur L. Zachary, PhD, Residential Construction in Charlotte number, e-mail address, or other Scientific Review Officer, Office of Scientific and Sarasota County, FL Review, National Institute of General Medical personal identifying information in your Sciences, National Institutes of Health, AGENCY: Fish and Wildlife Service, comments, you should be aware that Natcher Building, Room 3AN–12, Bethesda, Interior. your entire comment—including your MD 20892, (301) 594–2886, ACTION: Notice of receipt of permit personal identifying information—may [email protected]. renewal applications; request for be made publicly available at any time. (Catalogue of Federal Domestic Assistance comments. While you can ask us in your comment Program Nos. 93.375, Minority Biomedical to withhold your personal identifying Research Support; 93.821, Cell Biology and SUMMARY: The U.S Fish and Wildlife information from public review, we Biophysics Research; 93.859, Pharmacology, Service (Service) issued incidental take Physiology, and Biological Chemistry cannot guarantee that we will be able to Research; 93.862, Genetics and permits (permits), pursuant to section do so. Developmental Biology Research; 93.88, 10(a)(1)(B) of the Endangered Species Residential construction for the Paul Minority Access to Research Careers; 93.96, Act of 1973, as amended, for incidental Athanas HCP will take place within Special Minority Initiatives, National take of the threatened Florida scrub-jay Section 33, Township 39, Range 19, Institutes of Health, HHS) (Aphelocoma coerulescens) (scrub-jay) South Venice, Sarasota County, Florida,

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at Poinciana Road, Lots 1652, 1653, and National Environmental Policy Act ACTION: Notice of denial of permits for 1654, of South Venice unit 5, property (NEPA), nor will they individually or marine mammals. identification number 0459–05–0033. cumulatively have more than a These lots are within scrub-jay occupied negligible effect on the species covered SUMMARY: The following permits were habitat. The lots encompass about 0.275 in the HCPs. Therefore, the permit denied. acres (0.11 ha), and the footprint of the renewals qualify as categorical home, infrastructure, and landscaping exclusions under NEPA as provided by ADDRESSES: Documents and other precludes retention of scrub-jay habitat the Department of Interior Manual (516 information submitted with these on these lots. Details of the habitat DM 2, Appendix 1 and 516 DM 8.5). applications are available for review, conservation plan are available (see Authority: We provide this notice pursuant subject to the requirements of the ADDRESSES). to Section 10 of the Endangered Species Act Privacy Act and Freedom of Information Residential construction for the David (16 U.S.C. 1531 et seq.) and NEPA Act, by any party who submits a written Boxer HCP will take place within regulations (40 CFR 1506.6). request for a copy of such documents to: Section 24, Township 40, Range 21, Port Dated: December 2, 2008. U.S. Fish and Wildlife Service, Division Charlotte, Charlotte County, Florida, at Paul Souza, of Management Authority, 4401 North 3300 Liberty Street, property Fairfax Drive, Room 212, Arlington, identification number 402124336005. Field Supervisor, South Florida Ecological Services Field Office. This lot is within scrub-jay occupied Virginia 22203; fax 703/358–2281. [FR Doc. E9–3863 Filed 2–23–09; 8:45 am] habitat. The lot encompasses about 0.23 FOR FURTHER INFORMATION CONTACT: acres (0.09 ha), and the footprint of the BILLING CODE 4310–55–P Division of Management Authority, home, infrastructure, and landscaping telephone 703/358–2104. precludes retention of scrub-jay habitat DEPARTMENT OF THE INTERIOR on this lot. Details of the habitat SUPPLEMENTARY INFORMATION: Notice is hereby given that on the dates below, as conservation plan are available (see Fish and Wildlife Service ADDRESSES). authorized by the provisions of the The Service has made preliminary [FWS–R9–IA–2009–N043; 96300–1671– Marine Mammal Protection Act of 1972, determinations that renewal of the 0000–P5] as amended (16 U.S.C. 1361 et seq.), the permits is neither a major Federal action Denial of Permits for Marine Mammals Fish and Wildlife Service denied the that will significantly affect the quality requested permits. of the human environment within the AGENCY: Fish and Wildlife Service, meaning of section 102(2)(C) of the Interior.

MARINE MAMMALS

Permit No. Applicant Receipt of application Federal Register notice Denial date

189427 ...... Dennis H. Dunn ...... 73 FR 61162, October 15, 2008 ...... February 2, 2009. 189429 ...... Keith C. Halstead ...... 73 FR 61162, October 15, 2008 ...... February 2, 2009. 189430 ...... Keith J. Atcheson ...... 73 FR 61162, October 15, 2008 ...... February 2, 2009. 189431 ...... Kevin J. Wieczorek ...... 73 FR 61162, October 15, 2008 ...... February 2, 2009. 189432 ...... Marcus C. Hansen ...... 73 FR 61162, October 15, 2008 ...... February 2, 2009. 189434 ...... Ben A. Hamel ...... 73 FR 61162, October 15, 2008 ...... February 2, 2009. 191814 ...... Aaron R. Neilson ...... 73 FR 61162, October 15, 2008 ...... February 2, 2009.

Dated: February 13, 2009. DATES: Written data, comments or to conduct certain activities with Lisa J. Lierheimer, requests must be received by March 26, endangered species. This notice is Senior Permit Biologist, Branch of Permits, 2009. provided pursuant to Section 10(c) of Division of Management Authority. ADDRESSES: Documents and other the Endangered Species Act of 1973, as [FR Doc. E9–3836 Filed 2–23–09; 8:45 am] information submitted with these amended (16 U.S.C. 1531 et seq.). BILLING CODE 4310–55–P applications are available for review, Written data, comments, or requests for subject to the requirements of the copies of these complete applications Privacy Act and Freedom of Information should be submitted to the Director DEPARTMENT OF THE INTERIOR Act, by any party who submits a written (ADDRESSES above). request for a copy of such documents Applicant: Richard A. Hyce, Wasilla, Fish and Wildlife Service within 30 days of the date of publication AK, PRT–191870 [FWS–R9–IA–2009–N044; 96300–1671– of this notice to: U.S. Fish and Wildlife The applicant requests a permit to 0000–P5] Service, Division of Management import the sport-hunted trophy of one Authority, 4401 North Fairfax Drive, male bontebok (Damaliscus pygargus Receipt of Applications for Permit Room 212, Arlington, Virginia 22203; pygargus) culled from a captive herd AGENCY: Fish and Wildlife Service, fax 703/358–2281. maintained under the management Interior. FOR FURTHER INFORMATION CONTACT: program of the Republic of South Africa, for the purpose of enhancement of the ACTION: Notice of receipt of applications Division of Management Authority, survival of the species. for permit. telephone 703/358–2104. SUPPLEMENTARY INFORMATION: Applicant: Milton T. Hummer, SUMMARY: The public is invited to Anchorage, AK, PRT–205664 comment on the following applications Endangered Species The applicant requests a permit to to conduct certain activities with The public is invited to comment on import the sport-hunted trophy of one endangered species. the following applications for a permit male bontebok (Damaliscus pygargus

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pygargus) culled from a captive herd ADDRESSES: Send your comments estimate the public reporting burden maintained under the management regarding this IC to Phadrea Ponds, will average 22 minutes per response. program of the Republic of South Africa, Information Collections Clearance This includes the time for reviewing for the purpose of enhancement of the Officer, at U.S. Geological Survey, instructions and completing the on-line survival of the species. 2150–C Center Avenue, Fort Collins, CO survey. Applicant: Vulgens M. Schoen, 80525 (mail); (970) 226–9230 (fax); or Phillipsburg, NJ, PRT–204668 [email protected] (e-mail). Please III. Request for Comments reference Information Collection 1028– The applicant requests a permit to Estimated Annual Reporting and NEW, GAPSURVEY. import the sport-hunted trophy of one Recordkeeping ‘‘Non-Hour Cost’’: We male bontebok (Damaliscus pygargus FOR FURTHER INFORMATION CONTACT: To have not identified any ‘‘non-hour cost’’ pygargus) culled from a captive herd request additional information about burdens associated with this collection maintained under the management this IC, contact Joan Ratz by mail at U.S. of information. program of the Republic of South Africa, Geological Survey, 2150–C Center for the purpose of enhancement of the Avenue, Fort Collins, CO 80526, or by Public Disclosure Statement: The PRA survival of the species. telephone at (970) 226–9315. (44 U.S.C. 3501, et seq.) provides that an Applicant: Ted A. Trout, Houston, TX, SUPPLEMENTARY INFORMATION: agency may not conduct or sponsor and PRT–202724 you are not required to respond to, a I. Abstract The applicant requests a permit to collection of information unless it import the sport-hunted trophy of one The U.S. Geological Survey (USGS) displays a currently valid OMB control male bontebok (Damaliscus pygargus will design and conduct a survey that number. pygargus) culled from a captive herd will be used to evaluate the performance Comments: We invite comments maintained under the management of its Gap Analysis Program (GAP). The concerning this IC on: (a) Whether the program of the Republic of South Africa, information collected will provide proposed collection of information is for the purpose of enhancement of the information for the Program’s annual necessary for the agency to perform its survival of the species. performance plan as required by the duties, including whether the Applicant: Raymond J. Paolucci, Government Performance and Results information is useful; (b) the accuracy of Rockwall, TX, PRT–206196 ACT (GPRA). Scientists and staff in the the agency’s estimate of the burden of Policy Analysis and Science Assistance The applicant requests a permit to the proposed collection of information; Branch of the USGS will conduct the import the sport-hunted trophy of one (c) how to enhance the quality, survey on-line. The only option for all male bontebok (Damaliscus pygargus usefulness, and clarity of the pygargus) culled from a captive herd respondents will be to complete the survey on-line. information to be collected; and (d) how maintained under the management to minimize the burden on the program of the Republic of South Africa, Information from this survey will provide the GAP Program managers respondents, including the use of for the purpose of enhancement of the automated collection techniques or survival of the species. with scientifically sound data that can be used to: (1) Prepare strategic other forms of information technology. Dated: February 13, 2009. planning and performance documents, Please note that the comments Lisa J. Lierheimer, (2) measure user satisfaction, and (3) submitted in response to this notice are Senior Permit Biologist, Branch of Permits, understand user needs. Additionally, a matter of public record. Before Division of Management Authority. this survey can target performance including your address, phone number, [FR Doc. E9–3835 Filed 2–23–09; 8:45 am] issues that relate to education and e-mail address, or other personal BILLING CODE 4310–55–P outreach, technology and data quality. identifying information in your Due to the nature of this collection, all comment, you should be aware that identified respondents will have: (1) an DEPARTMENT OF THE INTERIOR your entire comment, including your active e-mail address and (2) skills in personal identifying information, may GIS and computer operations. Geological Survey be made publicly available at any time. II. Data While you can ask OMB in your Agency Information Collection: OMB Control Number: None. This is comment to withhold your personal Comment Request a new collection. identifying information from public AGENCY: United States Geological Title: Gap Analysis Program (GAP) review, we cannot guarantee that it will Survey (USGS), Interior. Evaluation: A Survey of National Users. be done. To comply with the public process, we publish this Federal ACTION: Notice of a new collection. Type of Request: New. Frequency of Collection: This is a one- Register notice announcing that we will SUMMARY: To comply with the time survey. submit this IC to OMB for approval. The Paperwork Reduction Act of 1995 Respondent’s Obligation: Voluntary. notice provided the required 60 day (PRA), we are notifying the public that Estimated Annual Number and public comment period. we will submit to OMB a new Description of Respondents: USGS Information Collection information collection (IC) described Approximately 820 non-federal current Clearance Officer: Phadrea Ponds, USGS below for review and approval. As a and past users of the USGS Gap Information Collection Clearance part of our continuing effort to reduce Analysis Program (GAP). Officer. paper work and respondent burden, we Estimated Total Annual Responses: invite the general public and other 574 responses. Dated: February 16, 2009. Federal agencies to take this Estimated Time per Response: 22 Sue Hasletine, opportunity to comment on the minutes. Associate Director for Biology. paperwork burden of this collection. Annual Burden Hours: 197 hours. [FR Doc. E9–3824 Filed 2–23–09; 8:45 am] DATES: You must submit comments on Estimated Annual Reporting and BILLING CODE 4311–AM–P or before April 27, 2009. Recordkeeping ‘‘Hour’’ Burden: We

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DEPARTMENT OF THE INTERIOR FOR FURTHER INFORMATION, CONTACT: The T. 18 N., R. 85 W., Bureau of Land Management by phone Sec. 36. Bureau of Land Management at 907–271–5960, or by e-mail at Containing approximately 595 acres. [F–14929–A, F–14929–A2; AK–965–1410– [email protected]. Persons T. 15 N., R. 91 W., KC–P] who use a telecommunication device Secs. 17 and 18. (TTD) may call the Federal Information Containing approximately 1,002 acres. Alaska Native Claims Selection Relay Service (FIRS) at 1–800–877– 8330, 24 hours a day, seven days a T. 15 N., R. 92 W., AGENCY: Bureau of Land Management, week, to contact the Bureau of Land Secs. 13 to 18, inclusive. Interior. Management. Containing approximately 2,823 acres. ACTION: Notice of decision approving T. 15 N., R. 93 W., lands for conveyance. Robert Childers, Secs. 13 and 14. Land Law Examiner, Land Transfer Containing approximately 1,039 acres. SUMMARY: As required by 43 CFR Adjudication II. Aggregating approximately 42,042 acres. 2650.7(d), notice is hereby given that an [FR Doc. E9–3866 Filed 2–23–09; 8:45 am] appealable decision approving lands for BILLING CODE 4310–JA–P A portion of the subsurface estate in conveyance pursuant to the Alaska Native Claims Settlement Act will be these lands will be conveyed to Calista Corporation when the surface estate is issued to Askinuk Corporation. The DEPARTMENT OF THE INTERIOR lands are in the vicinity of Scammon conveyed to Chevak Company. The Bay, Alaska, Alaska, and are located in: Bureau of Land Management remaining lands lie within Clarence Rhode National Wildlife Range, Seward Meridian, Alaska [F–14849–A, F–14849–A2; AK–965–1410– established January 20, 1969. The T. 20 N., R. 88 W., KC–P] subsurface estate in the refuge lands Secs. 16 and 17; will be reserved to the United States at Secs. 21 to 25, inclusive; Alaska Native Claims Selection Sec. 36. the time of conveyance. Notice of the AGENCY: Bureau of Land Management, Containing approximately 4,392 acres. decision will also be published four Interior. T. 21 N., R. 88 W., times in the Tundra Drums. Secs. 17 to 20, inclusive. ACTION: Notice of decision approving lands for conveyance. DATES: The time limits for filing an Containing approximately 2,531 acres. appeal are: T. 21 N., R. 89 W., SUMMARY: As required by 43 CFR Secs. 13, 14, and 24. 1. Any party claiming a property 2650.7(d), notice is hereby given that an interest which is adversely affected by Containing approximately 1,905 acres. appealable decision approving lands for the decision shall have until March 26, T. 21 N., R. 90 W., conveyance pursuant to the Alaska 2009 to file an appeal. Secs. 1, 2, and 11; Native Claims Settlement Act will be Secs. 12 and 13. issued to Chevak Company. The lands 2. Parties receiving service of the Containing approximately 1,478 acres. are in the vicinity of Chevak, Alaska, decision by certified mail shall have 30 T. 22 N., R. 90 W., and are located in: days from the date of receipt to file an Secs. 13, 14, and 15; appeal. Secs. 22 to 26, inclusive; Seward Meridian, Alaska Secs. 35 and 36. T. 16 N., R. 83 W., Parties who do not file an appeal in Containing approximately 5,098 acres. Secs. 19 to 23, inclusive; accordance with the requirements of 43 Total aggregate of approximately 15,404 Secs. 27 to 34, inclusive. CFR Part 4, Subpart E, shall be deemed acres. Containing approximately 7,498 acres. to have waived their rights. The subsurface estate in these lands T. 17 N., R. 83 W., ADDRESSES: A copy of the decision may will be conveyed to Calista Corporation Secs. 19 and 20; be obtained from: Bureau of Land when the surface estate is conveyed to Secs. 29 to 32, inclusive. Management, Alaska State Office, 222 Askinuk Corporation. Notice of the Containing approximately 3,155 acres. West Seventh Avenue, #13, Anchorage, decision will also be published four T. 15 N., R. 84 W., Alaska 99513–7504. times in the Tundra Drums. Secs. 1 to 4, inclusive; DATES: The time limits for filing an Secs. 11 and 12. FOR FURTHER INFORMATION CONTACT: The appeal are: Containing approximately 3,462 acres. Bureau of Land Management by phone 1. Any party claiming a property T. 16 N., R. 84 W., at 907–271–5960, or by e-mail at interest which is adversely affected by Secs. 4 to 8, inclusive; [email protected]. Persons the decision shall have until March 26, Secs. 17 to 20, inclusive; who use a telecommunication device 2009 to file an appeal. Secs. 25 to 30, inclusive; (TTD) may call the Federal Information Secs. 32 to 36, inclusive. 2. Parties receiving service of the Relay Service (FIRS) at 1–800–877– Containing approximately 10,265 acres. decision by certified mail shall have 30 8330, 24 hours a day, seven days a days from the date of receipt to file an T. 17 N., R. 84 W., week, to contact the Bureau of Land appeal. Secs. 1 to 6, inclusive; Parties who do not file an appeal in Secs. 11 to 14, inclusive; Management. accordance with the requirements of 43 Secs. 23, 24, 25, and 36. Robert Childers, Containing approximately 8,042 acres. CFR Part 4, Subpart E, shall be deemed Land Law Examiner, Land Transfer to have waived their rights. T. 18 N., R. 84 W., Adjudication II. Secs. 31 to 36, inclusive. ADDRESSES: A copy of the decision may [FR Doc. E9–3872 Filed 2–23–09; 8:45 am] be obtained from: Bureau of Land Containing approximately 3,627 acres. BILLING CODE 4310–JA–P Management, Alaska State Office, 222 T. 17 N., R. 85 W., West Seventh Avenue, #13, Anchorage, Sec. 1. Alaska 99513–7504. Containing approximately 534 acres.

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DEPARTMENT OF JUSTICE —Enhance the quality, utility, and three minutes (.05 hour). Therefore, the clarity of the information to be estimated clerical time can range from Office of Justice Programs collected; and 36 minutes to 22 hours, based on the —Minimize the burden of the collection number of records that are entered. It Office for Victims of Crime of information on those who are to would take 295 hours to enter 5,900 respond, including through the use of responses electronically [5,900 × .05 [OMB Number 1121–0170] appropriate automated, electronic, hour]. mechanical, or other technological (6) An estimate of the total public Agency Information Collection collection techniques or other forms burden (in hours) associated with the Activities: Proposed Collection; of information technology, e.g., collection: The current estimated Comments Requested permitting electronic submission of burden is 295 (5,900 responses × .05 responses. hour per response = 295 hours). There ACTION: Correction: 30-Day Notice of Overview of This Information is no increase in the annual Information Collection Under Review: Collection recordkeeping and reporting burden. Extension of a currently approved If additional information is required collection; Victim of Crime Act, Crime (1) Type of Information Collection: contact: Lynn Bryant, Clearance Officer, Victim Assistance Grant Program, Extension of a currently approved United States Department of Justice, Subgrant Award Report. collection. Justice Management Division, Policy (2) Title of the Form/Collection: and Planning Staff, Patrick Henry Department of Justice (DOJ), Office of Victims of Crime Act, Victim Assistance Building, Suite 1600, 601 D Street, NW., Justice Programs (OJP), Office for Grant Program, Subgrant Award Report. Washington, DC 20530. Victims of Crime (OVC) will be (3) Agency form number, if any, and Dated: February 18, 2009. submitting the following information the applicable component of the collection request to the Office of Department of Justice sponsoring the Lynn Bryant, Management and Budget (OMB) for collection: Form number: 1121–0142. Department Clearance Officer, PRA, United review and approval in accordance with Office for Victims of Crime, Office of States Department of Justice. the Paperwork Reduction Act of 1995. Justice Programs, U.S. Department of [FR Doc. E9–3829 Filed 2–23–09; 8:45 am] The proposed information collection is Justice. BILLING CODE 4410–18–P published to obtain comments from the (4) Affected public who will be asked public and affected agencies. This or required to respond, as well as a brief proposed information collection was abstract: Primary: State government. NATIONAL FOUNDATION ON THE previously published in the Federal Other: None. The VOCA, Crime Victim ARTS AND HUMANITIES Register Volume 73, Number 250, page Assistance Grant Program, Subgrant 79910 on December 30, 2008, following Award Report is a required submission Proposed Collection; Comment for a 60-day comment period. by state grantees, within 90 days of their Request awarding a subgrant for the provision of The purpose of this notice is to allow AGENCY: National Endowment for the for an additional 30 days for public crime victim services. VOCA and the Humanities. Program Guidelines require each state comment until March 26, 2009. This ACTION: Notice. process is conducted in accordance with victim assistance office to report to OVC 5 CFR 1320.10. on the impact of the Federal funds, to SUMMARY: The National Endowment for If you have comments especially on certify compliance with the eligibility the Humanities (NEH) is soliciting the estimated public burden or requirements of VOCA, and to provide public comments on the proposed associated response time, suggestions, a summary of proposed activities. This information collection described below. or need a copy of the proposed information will be aggregated and serve The proposed information collection information collection instrument with as supporting documentation for the will be sent to the Office of Management instructions or additional information, Director’s biennial report to the and Budget (OMB) for review, as please contact DeLano Foster (202) 616– President and to the Congress on the required by the provisions of the 3612, Office for Victims of Crime, Office effectiveness of the activities supported Paperwork Reduction Act of 1995. of Justice Programs, U.S. Department of by these grants. DATES: Comments on this information Justice, 810 7th Street, NW., This request is for an extension of a collection must be submitted on or Washington, DC 20531. currently approved reporting before April 27, 2009. instrument, with no revisions. Written comments and suggestions (5) An estimate of the total number of ADDRESSES: Send comments to Ms. from the public and affected agencies respondents and the amount of time Susan Daisey, Director, Office of Grant concerning the proposed collection of estimated for an average respondent to Management, National Endowment for information are encouraged. Your respond/reply: The number of VOCA- the Humanities, 1100 Pennsylvania comments should address one or more funded victim assistance programs Avenue, NW., Room 311, Washington, of the following four points: varies widely from State to State. A DC 20506, or by e-mail to: —Evaluate whether the proposed review of information currently [email protected]. Telephone: 202–606– collection of information is necessary available to this Office on the number of 8494. for the proper performance of the active victim assistance programs in 15 SUPPLEMENTARY INFORMATION: The functions of the agency, including states selected for variance in size and National Endowment for the Humanities whether the information will have population revealed that a State would will submit the proposed information practical utility; be responsible for entering subgrant data collection to OMB for review, as —Evaluate the accuracy of the agencies for as many as 436 programs (California) required by the Paperwork Reduction estimate of the burden of the to as few as 12 programs (District of Act of 1995 (Pub. L. 104–13, 44 U.S.C. proposed collection of information, Columbia). Chapter 35). This notice is soliciting including the validity of the The estimated time to enter a record comments from members of the public methodology and assumptions used; via the Grants Management System is and affected agencies. NEH is

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particularly interested in comments meetings of Humanities Panels will be Programs, at the January 28, 2009 which help the agency to: (1) Evaluate held at the Old Post Office, 1100 deadline. whether the proposed collection of Pennsylvania Avenue, NW., 4. Date: March 26, 2009. information is necessary for the proper Washington, DC 20506. Time: 9 a.m. to 5 p.m. performance of the functions of the FOR FURTHER INFORMATION CONTACT: Room: 421. agency, including whether the Michael P. McDonald, Advisory Program: This meeting will review information will have practical utility; Committee Management Officer, applications for America’s Historical (2) Evaluate the accuracy of the agency’s National Endowment for the and Cultural Organizations Grants estimate of the burden of the proposed Humanities, Washington, DC 20506; Program in Digital History, submitted to collection of information, including the telephone (202) 606–8322. Hearing- the Division of Public Programs, at the validity of the methodology and impaired individuals are advised that January 28, 2009 deadline. assumptions used; (3) Enhance the information on this matter may be 5. Date: March 31, 2009. quality, utility, and clarity of the obtained by contacting the Time: 9 a.m. to 5 p.m. information to be collected; and (4) Endowment’s TDD terminal on (202) Room: 421. Minimize the burden of the collection of 606–8282. Program: This meeting will review information on those who are to SUPPLEMENTARY INFORMATION: The applications for America’s Historical respond, including through the use of proposed meetings are for the purpose and Cultural Organizations Grants appropriate electronic collection of panel review, discussion, evaluation Program in Art and Anthropology, techniques or other forms of information and recommendation on applications submitted to the Division of Public technology, e.g., permitting electronic for financial assistance under the Programs, at the January 28, 2009 submissions of responses. National Foundation on the Arts and the deadline. This Notice also lists the following Humanities Act of 1965, as amended, Michael P. McDonald, information: including discussion of information Type of Review: Extension of a Advisory Committee Management Officer. given in confidence to the agency by the currently approved collection. [FR Doc. E9–3845 Filed 2–23–09; 8:45 am] grant applicants. Because the proposed Agency: National Endowment for the BILLING CODE 7536–01–P meetings will consider information that Humanities. Title of Proposal: Generic Clearance is likely to disclose trade secrets and commercial or financial information Authority for the National Endowment NATIONAL SCIENCE FOUNDATION for the Humanities. obtained from a person and privileged OMB Number: 3136–0134. or confidential and/or information of a Agency Information Collection Affected Public: Applicants to NEH personal nature the disclosure of which Activities: Comment Request grant programs, reviewers of NEH grant would constitute a clearly unwarranted AGENCY: applications, and NEH award recipients. invasion of personal privacy, pursuant National Science Foundation. Total Respondents: 6,978. to authority granted me by the ACTION: Submission for OMB Review; Frequency of Collection: On occasion. Chairman’s Delegation of Authority to Comment Request. Total Responses: 6,978. Close Advisory Committee meetings, Average Time per Response: Varied dated July 19, 1993, I have determined SUMMARY: The National Science according to type of information that these meetings will be closed to the Foundation (NSF) has submitted the collection. public pursuant to subsections (c)(4), following information collection Estimated Total Burden Hours: 68,375 and (6) of section 552b of Title 5, United requirement to OMB for review and hours. States Code. clearance under the Paperwork Comments submitted in response to 1. Date: March 20, 2009. Reduction Act of 1995, Public Law 104– this notice will be summarized and/or Time: 9 a.m. to 5 p.m. 13. This is the second notice for public included in the request for Office of Room: 421. comment; the first was published in the Management and Budget approval of the Program: This meeting, which will be Federal Register at 73 FR 76407, and no information collection request. They by teleconference, will review comments were received. NSF is will also become a matter of public applications for America’s Media forwarding the proposed renewal record. Makers Grants Program in Foreign submission to the Office of Management Cultures, submitted to the Division of and Budget (OMB) for clearance Michael P. McDonald, Public Programs, at the January 28, 2009 simultaneously with the publication of Acting Deputy Chairman, National deadline. this second notice. Comments regarding Endowment for the Humanities. 2. Date: March 23, 2009. (a) whether the collection of information [FR Doc. E9–3947 Filed 2–23–09; 8:45 am] Time: 9 a.m. to 5 p.m. is necessary for the proper performance BILLING CODE 7536–01–P Room: 421. of the functions of the agency, including Program: This meeting will review whether the information will have applications for America’s Media practical utility; (b) the accuracy of the NATIONAL FOUNDATION ON THE Makers Grants Program in United States agency’s estimate of burden including ARTS AND THE HUMANITIES History, submitted to the Division of the validity of the methodology and Public Programs, at the January 28, 2009 assumptions used; (c) ways to enhance Meetings of Humanities Panel deadline. the quality, utility and clarity of the AGENCY: The National Endowment for 3. Date: March 24, 2009. information to be collected; (d) ways to the Humanities. Time: 9 a.m. to 5 p.m. minimize the burden of the collection of ACTION: Notice of additional meetings. Room: 421. information on those who are to Program: This meeting will review respond, including through the use of SUMMARY: Pursuant to the provisions of applications for America’s Historical appropriate automated, electronic, the Federal Advisory Committee Act and Cultural Organizations Grants mechanical, or other technological (Pub. L. 92–463, as amended), notice is Program in United States History, collection techniques or other forms of hereby given that the following submitted to the Division of Public information technology should be

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addressed to: Office of Information and management of a Center, STCs will be minimize the burden of the collection of Regulatory Affairs of OMB, Attention: required to develop a set of management information on those who are to Desk Officer for National Science and performance indicators for respond, including through the use of Foundation, 725–17th Street, NW., submission annually to NSF via an NSF appropriate automated, electronic, Room 10235, Washington, DC 20503, evaluation technical assistance mechanical, or other technological and to Suzanne H. Plimpton, Reports contractor. These indicators are both collection techniques or other forms of Clearance Officer, National Science quantitative and descriptive and may information technology. Foundation, 4201 Wilson Boulevard, include, for example, the characteristics Dated: February 18, 2009. Suite 295, Arlington, Virginia 22230 or of center personnel and students; Suzanne H. Plimpton, send e-mail to [email protected]. sources of financial support and in-kind Comments regarding these information support; expenditures by operational Reports Clearance Officer, National Science Foundation. collections are best assured of having component; characteristics of industrial their full effect if received within 30 and/or other sector participation; [FR Doc. E9–3846 Filed 2–23–09; 8:45 am] days of this notification. Copies of the research activities; education activities; BILLING CODE 7555–01–P submission(s) may be obtained by knowledge transfer activities; patents, calling 703–292–7556. licenses; publications; degrees granted NSF may not conduct or sponsor a to students involved in Center activities; NUCLEAR REGULATORY collection of information unless the descriptions of significant advances and COMMISSION collection of information displays a other outcomes of the STC effort. Part of [Docket No 50–414; NRC–2009–0074] currently valid OMB control number this reporting will take the form of a and the agency informs potential database which will be owned by the Duke Energy Carolinas, LLC; Notice of persons who are to respond to the institution and eventually made Consideration of Issuance of collection of information that such available to an evaluation contractor. Amendments to Facility Operating persons are not required to respond to This database will capture specific License, Proposed No Significant the collection of information unless it information to demonstrate progress Hazards Consideration Determination, displays a currently valid OMB control towards achieving the goals of the and Opportunity for a Hearing number. program. Such reporting requirements SUPPLEMENTARY INFORMATION: will be included in the cooperative The U.S. Nuclear Regulatory Title: Grantee Reporting Requirements agreement which is binding between the Commission (the Commission) is for Science and Technology Centers academic institution and the NSF. considering issuance of amendment to (STC): Integrative Partnerships Each Center’s annual report will Facility Operating License No. NPF–52 OMB Control Number: 3145–0194. address the following categories of issued to Duke Energy Carolinas, LLC Abstract: activities: (1) Research, (2) education, (3) (the licensee), for operation of the Catawba Nuclear Station, Unit 2, located Proposed Project knowledge transfer, (4) partnerships, (5) diversity, (6) management and (7) in York County, South Carolina. The Science and Technology Centers budget issues. The proposed amendment requested (STC): Integrative Partnerships Program For each of the categories the report to update the Leak-Before-Break supports innovation in the integrative will describe overall objectives for the evaluation for Catawba Nuclear Station, conduct of research, education and year, problems the Center has Unit 2. This request is being submitted knowledge transfer. Science and encountered in making progress towards in conjunction with Duke Energy Technology Centers build intellectual goals, anticipated problems in the Carolinas LLC’s proposal to apply full and physical infrastructure within and following year, and specific outputs and structural weld overlays to the reactor between disciplines, weaving together outcomes. vessel hot leg nozzle-to-safe end welds knowledge creation, knowledge Use of the Information: NSF will use in the upcoming spring 2009 refueling integration, and knowledge transfer. the information to continue funding of outage. STCs conduct world-class research the Centers, and to evaluate the progress Before issuance of the proposed through partnerships of academic of the program. license amendments, the Commission institutions, national laboratories, Estimate of Burden: 100 hours per will have made findings required by the industrial organizations, and/or other center for seventeen centers for a total Atomic Energy Act of 1954, as amended public/private entities. New knowledge of 1700 hours. (the Act), and the Commission’s thus created is meaningfully linked to Respondents: Non-profit institutions; regulations. society. federal government. The Commission has made a STCs enable and foster excellent Estimated Number of Responses per proposed determination that the education, integrate research and Report: One from each of the seventeen amendment request involves no education, and create bonds between centers. significant hazards consideration. Under learning and inquiry so that discovery Comments: Comments are invited on the Commission’s regulations in Title 10 and creativity more fully support the (a) whether the proposed collection of of the CODE OF FEDERAL learning process. STCs capitalize on information is necessary for the proper REGULATIONS (10 CFR), Section 50.92, diversity through participation in center performance of the functions of the this means that operation of the facility activities and demonstrate leadership in Agency, including whether the in accordance with the proposed the involvement of groups information shall have practical utility; amendment would not (1) involve a underrepresented in science and (b) the accuracy of the Agency’s significant increase in the probability or engineering. estimate of the burden of the proposed consequences of an accident previously Centers selected will be required to collection of information; (c) ways to evaluated; or (2) create the possibility of submit annual reports on progress and enhance the quality, utility, and clarity a new or different kind of accident from plans, which will be used as a basis for of the information on respondents, any accident previously evaluated; or performance review and determining including through the use of automated (3) involve a significant reduction in the level of continued funding. To collection techniques or other forms of a margin of safety. As required by 10 support this review and the information technology; and (d) ways to CFR 50.91(a), the licensee has provided

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its analysis of the issue of no significant adverse morphology, the leakage was shown whose interest may be affected by this hazards consideration, which is to be largely unaffected due to the offsetting action may file a request for a hearing presented below: effects of these factors. and a petition to intervene with respect The evaluation described above shows that 1. Does the proposed amendment involve to issuance of the amendment to the these welds will perform as originally subject facility operating license. a significant increase in the probability or intended and that the adverse effects of consequences of an accident previously PWSCC will be mitigated. Therefore, the Requests for a hearing and a petition for evaluated? proposed amendment does not involve a leave to intervene shall be filed in Response: No. significant reduction in a margin of safety. accordance with the Commission’s The applicable accident is a Large Break ‘‘Rules of Practice for Domestic The NRC staff has reviewed the Loss of Coolant Accident (LBLOCA). Since Licensing Proceedings’’ in 10 CFR Part licensee’s analysis and, based on this the application of FSWOLs [full structural 2. Interested person(s) should consult a weld overlays] will enhance the integrity of review, it appears that the three current copy of 10 CFR 2.309, which is the reactor coolant system, the probability of standards of 10 CFR 50.92(c) are a previously evaluated accident is not available at the Commission’s PDR, satisfied. Therefore, the NRC staff located at One White Flint North, Public increased. The consequences of a LBLOCA proposes to determine that the have been previously evaluated and found to File Area O1F21, 11555 Rockville Pike amendment request involves no (first floor), Rockville, Maryland. be acceptable. Application of FSWOLs to the significant hazards consideration. welds will cause no change to the dose Publicly available records will be The Commission is seeking public analysis associated with a LBLOCA, and accessible from the Agencywide therefore, does not affect the consequences. comments on this proposed Documents Access and Management For the above reasons, the proposed determination. Any comments received System’s (ADAMS) Public Electronic amendment does not involve a significant within 30 days after the date of Reading Room on the Internet at the increase in the probability or consequences publication of this notice will be NRC Web site, http://www.nrc.gov/ of an accident previously evaluated. considered in making any final 2. Does the proposed amendment create reading-rm/doc-collections/cfr/. If a determination. request for a hearing or petition for the possibility of a new or different kind of Normally, the Commission will not accident from any accident previously leave to intervene is filed by the above issue the amendment until the date, the Commission or a presiding evaluated? expiration of 60 days after the date of Response: No. officer designated by the Commission or The proposed amendment will allow publication of this notice. The by the Chief Administrative Judge of the application of FSWOLs to mitigate potential Commission may issue the license Atomic Safety and Licensing Board PWSCC [Primary Water Stress Corrosion amendment before expiration of the 60- Panel, will rule on the request and/or Cracking] of the welds. These welds provide day period provided that its final petition; and the Secretary or the Chief a primary pressure boundary function. This determination is that the amendment Administrative Judge of the Atomic amendment request does not change the involves no significant hazards Safety and Licensing Board will issue a function of the welds, or the way the plant consideration. In addition, the is operated; it allows the application of notice of a hearing or an appropriate Commission may issue the amendment order. FSWOLs that will enhance the ability of the prior to the expiration of the 30-day welds to perform the pressure boundary As required by 10 CFR 2.309, a function. Therefore, the proposed comment period should circumstances petition for leave to intervene shall set amendment does not create the possibility of change during the 30-day comment forth with particularity the interest of a new or different kind of accident from any period such that failure to act in a the petitioner in the proceeding, and accident previously evaluated. timely way would result, for example, how that interest may be affected by the 3. Does the proposed amendment involve in derating or shutdown of the facility. results of the proceeding. The petition a significant reduction in a margin of safety? Should the Commission take action should specifically explain the reasons Response: No. prior to the expiration of either the why intervention should be permitted Margin of safety is related to the ability of comment period or the notice period, it with particular reference to the the fission product barriers to perform their will publish in the Federal Register a design functions during and following following general requirements: (1) The accident conditions. These barriers include notice of issuance. Should the name, address and telephone number of the fuel cladding, the reactor coolant system, Commission make a final No Significant the requestor or petitioner; (2) the and the containment. This amendment Hazards Consideration Determination, nature of the requestor’s/petitioner(s request does not involve a change to the fuel any hearing will take place after right under the Act to be made a party cladding or the containment. This issuance. The Commission expects that to the proceeding; (3) the nature and amendment request updates the LBB [Leak the need to take this action will occur extent of the requestor’s/petitioner’s Before Break] evaluation to account for the very infrequently. property, financial, or other interest in application of FSWOLs to the reactor vessel Written comments may be submitted the proceeding; and (4) the possible hot leg nozzle-to-safe end welds for Catawba by mail to the Chief, Rulemaking, effect of any decision or order which Unit 2. Directives and Editing Branch, TWB– The effect of applying a weld overlay may be entered in the proceeding on the repair has been evaluated with respect to the 05–B01M, Division of Administrative requestor’s/petitioner’s interest. The LBB evaluation at this location. This Services, Office of Administration, U.S. petition must also identify the specific evaluation addresses mitigation of PWSCC in Nuclear Regulatory Commission, contentions which the petitioner/ these welds. This evaluation allows the Washington, DC 20555–0001, and requestor seeks to have litigated at the application of a PWSCC resistant overlay that should cite the publication date and proceeding. has the added benefit of producing page number of this Federal Register Each contention must consist of a compressive stresses on the inner portion of notice. Documents may be examined, specific statement of the issue of law or the welds. Crack growth evaluations and/or copied for a fee, at the NRC’s fact to be raised or controverted. In performed as part of the evaluation indicate Public Document Room (PDR), located addition, the petitioner/requestor shall that no PWSCC is expected after the application of the overlay and fatigue crack at One White Flint North, Public File provide a brief explanation of the bases growth is minimal. The effect of the adverse Area O1 F21, 11555 Rockville Pike (first for the contention and a concise morphology due to PWSCC cracking was also floor), Rockville, Maryland. statement of the alleged facts or expert evaluated. When considering the combined Within 60 days after the date of opinion which support the contention effects of flaw size, increased thickness, and publication of this notice, any person(s) and on which the petitioner intends to

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rely in proving the contention at the petitioner/ requestor must contact the electronic filing Help Desk, which is hearing. The petitioner/requestor must Office of the Secretary by e-mail at available between 8 a.m. and 8 p.m., also provide references to those specific [email protected], or by calling Eastern Time, Monday through Friday sources and documents of which the (301) 415–1677, to request (1) a digital excluding government holidays. The petitioner is aware and on which the ID certificate, which allows the electronic filing Help Desk can be petitioner intends to rely to establish participant (or its counsel or contacted by telephone at 1–866–672– those facts or expert opinion. The representative) to digitally sign 7640 or by e-mail at petition must include sufficient documents and access the E-Submittal [email protected]. information to show that a genuine server for any proceeding in which it is Participants who believe that they dispute exists with the applicant on a participating; and/or (2) creation of an have a good cause for not submitting material issue of law or fact. electronic docket for the proceeding documents electronically must file a Contentions shall be limited to matters (even in instances in which the motion, in accordance with 10 CFR within the scope of the amendment petitioner/requestor (or its counsel or 2.302(g), with their initial paper filing under consideration. The contention representative) already holds an NRC- requesting authorization to continue to must be one which, if proven, would issued digital ID certificate). Each submit documents in paper format. entitle the petitioner to relief. A petitioner/requestor will need to Such filings must be submitted by: (1) petitioner/requestor who fails to satisfy download the Workplace Forms First class mail addressed to the Office these requirements with respect to at ViewerTM to access the Electronic of the Secretary of the Commission, U.S. least one contention will not be Information Exchange (EIE), a Nuclear Regulatory Commission, permitted to participate as a party. component of the E-Filing system. The Washington, DC 20555–0001, Attention: Those permitted to intervene become Workplace Forms ViewerTM is free and Rulemaking and Adjudications Staff; or parties to the proceeding, subject to any is available at http://www.nrc.gov/site- (2) courier, express mail, or expedited limitations in the order granting leave to help/e-submittals/install-viewer.html. delivery service to the Office of the intervene, and have the opportunity to Information about applying for a digital Secretary, Sixteenth Floor, One White participate fully in the conduct of the ID certificate is available on NRC’s Flint North, 11555 Rockville Pike, hearing. public Web site at http://www.nrc.gov/ Rockville, Maryland, 20852, Attention: If a hearing is requested, the site-help/e-submittals/apply- Rulemaking and Adjudications Staff. Commission will make a final certificates.html. Participants filing a document in this determination on the issue of no Once a petitioner/requestor has manner are responsible for serving the significant hazards consideration. The obtained a digital ID certificate, had a document on all other participants. final determination will serve to decide docket created, and downloaded the EIE Filing is considered complete by first- when the hearing is held. If the final viewer, it can then submit a request for class mail as of the time of deposit in determination is that the amendment hearing or petition for leave to the mail, or by courier, express mail, or request involves no significant hazards intervene. Submissions should be in expedited delivery service upon consideration, the Commission may Portable Document Format (PDF) in depositing the document with the issue the amendment and make it accordance with NRC guidance provider of the service. immediately effective, notwithstanding available on the NRC public Web site at the request for a hearing. Any hearing http://www.nrc.gov/site-help/e- Non-timely requests and/or petitions held would take place after issuance of submittals.html. A filing is considered and contentions will not be entertained the amendment. If the final complete at the time the filer submits its absent a determination by the determination is that the amendment documents through EIE. To be timely, Commission or the presiding officer of request involves a significant hazards an electronic filing must be submitted to the Atomic Safety and Licensing Board consideration, any hearing held would the EIE system no later than 11:59 p.m. that the petition and/or request should take place before the issuance of any Eastern Time on the due date. Upon be granted and/or the contentions amendment. receipt of a transmission, the E-Filing should be admitted, based on a All documents filed in NRC system time-stamps the document and balancing of the factors specified in 10 adjudicatory proceedings, including a sends the submitter an e-mail notice CFR 2.309(c)(1)(i)–(viii). request for hearing, a petition for leave confirming receipt of the document. The Documents submitted in adjudicatory to intervene, any motion or other EIE system also distributes an e-mail proceedings will appear in NRC’s document filed in the proceeding prior notice that provides access to the electronic hearing docket which is to the submission of a request for document to the NRC Office of the available to the public at http:// hearing or petition to intervene, and General Counsel and any others who ehd.nrc.gov/ehd_proceeding/home.asp, documents filed by interested have advised the Office of the Secretary unless excluded pursuant to an order of governmental entities participating that they wish to participate in the the Commission, an Atomic Safety and under 10 CFR 2.315(c), must be filed in proceeding, so that the filer need not Licensing Board, or a Presiding Officer. accordance with the NRC E-Filing rule, serve the documents on those Participants are requested not to include which the NRC promulgated on August participants separately. Therefore, personal privacy information, such as 28, 2007 (72 FR 49139). The E-Filing applicants and other participants (or social security numbers, home process requires participants to submit their counsel or representative) must addresses, or home phone numbers in and serve all adjudicatory documents apply for and receive a digital ID their filings, unless an NRC regulation over the internet, or in some cases to certificate before a hearing request/ or other law requires submission of such mail copies on electronic storage media. petition to intervene is filed so that they information. With respect to Participants may not submit paper can obtain access to the document via copyrighted works, except for limited copies of their filings unless they seek the E-Filing system. excerpts that serve the purpose of the a waiver in accordance with the A person filing electronically may adjudicatory filings and would procedures described below. seek assistance through the ‘‘Contact constitute a Fair Use application, To comply with the procedural Us’’ link located on the NRC Web site Participants are requested not to include requirements of E-Filing, at least ten at http://www.nrc.gov/site-help/e- copyrighted materials in their (10) days prior to the filing deadline, the submittals.html or by calling the NRC submissions.

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For further details with respect to this reduce the potential for spurious change does not alter assumptions made in license amendment application, see the actuations. the safety analysis (this instrumentation is application for amendment dated Before issuance of the proposed not credited in the safety analysis). November 20, 2008, which is available license amendments, the Commission Therefore, the proposed change does for public inspection at the will have made findings required by the not create the possibility of a new or Commission’s PDR, located at One Atomic Energy Act of 1954, as amended different kind of accident from any White Flint North, File Public Area O1 (the Act), and the Commission’s previously evaluated. F21, 11555 Rockville Pike (first floor), regulations. Criterion 3: Rockville, Maryland. Publicly available The Commission has made a Does the proposed amendment records will be accessible electronically proposed determination that the involve a significant reduction in a from the Agencywide Documents amendment request involves no margin of safety? Access and Management System’s significant hazards consideration. Under Response: No. Margin of safety is related to the (ADAMS) Public Electronic Reading the Commission’s regulations in Title 10 confidence in the ability of the fission Room on the Internet at the NRC Web of the Code of Federal Regulations (10 product barriers to perform their site, http://www.nrc.gov/reading-rm/ CFR), Section 50.92, this means that accident mitigation functions. These adams.html. Persons who do not have operation of the facility in accordance access to ADAMS or who encounter with the proposed amendment would barriers include the fuel and fuel problems in accessing the documents not (1) involve a significant increase in cladding, the reactor coolant system, located in ADAMS, should contact the the probability or consequences of an and the containment and containment NRC PDR Reference staff by telephone accident previously evaluated; or (2) related systems. The proposed at 1–800–397–4209, 301–415–4737, or create the possibility of a new or modifications will not impact the by e-mail to [email protected]. different kind of accident from any reliability of these barriers to function. The proposed modifications will Dated at Rockville, Maryland, this 18th day accident previously evaluated; or (3) involve a significant reduction in a actually enhance the reliability of the of February 2009. doghouse water level instrumentation in For The Nuclear Regulatory Commission. margin of safety. As required by 10 CFR responding to a feedwater line break in Robert Martin, 50.91(a), the licensee has provided its analysis of the issue of no significant a doghouse. Radiological doses to plant Acting Chief, Plant Licensing Branch II–1, operators or to the public will not be Division of Operating Reactor Licensing, hazards consideration, which is Office of Nuclear Reactor Regulation. presented below: impacted as a result of the proposed change. The affected instrumentation is [FR Doc. E9–3896 Filed 2–23–09; 8:45 am] Criterion 1: not credited in the UFSAR [Update BILLING CODE 7590–01–P Does the proposed amendment involve a Final Safety Analysis Report] Chapter significant increase in the probability or consequences of an accident previously 15 accident analyses, nor is it NUCLEAR REGULATORY evaluated? Maintenance Rule High Safety COMMISSION Response: No. significant. The doghouse water level instrumentation Therefore, the proposed change does [Docket Nos. 50–413 and 50–414; NRC– is considered accident mitigation equipment. not involve a significant reduction in a 2009–0073] As such, changes in the logic configuration margin of safety. for this instrumentation cannot have an The NRC staff has reviewed the Duke Energy Carolinas, LLC Notice of impact on the probability of an accident. licensee’s analysis and, based on this Consideration of Issuance of The instrumentation will continue to review, it appears that the three Amendments to Facility Operating comply with all applicable regulatory standards of 10 CFR 50.92(c) are License, Proposed No Significant requirements and design criteria following satisfied. Therefore, the NRC staff Hazards Consideration Determination, approval of the proposed changes (e.g., train separation, redundancy, and single failure). proposes to determine that the and Opportunity for a Hearing The instrumentation will actually be made amendment request involves no The U.S. Nuclear Regulatory more reliable as a result of the proposed significant hazards consideration. Commission (the Commission) is modifications. Therefore, since the The Commission is seeking public considering issuance of amendments to instrumentation will continue to function as comments on this proposed designed, all plant parameters will remain Facility Operating License No. NPF–35 within their design limits. As a result, the determination. Any comments received and Facility Operating License No. proposed changes will not increase the within 30 days after the date of NPF–52 issued to Duke Energy consequences of an accident. publication of this notice will be Carolinas, LLC (the licensee), for Based on this discussion, the proposed considered in making any final operation of the Catawba Nuclear amendments do not significantly increase the determination. Station, Units 1 and 2, located in York probability or consequences of an accident Normally, the Commission will not County, South Carolina. previously evaluated. issue the amendment until the The proposed amendments revise the Criterion 2: expiration of 60 days after the date of Technical Specifications (TSs) to change Does the proposed amendment create the publication of this notice. The possibility of a new or different kind of the logic configuration of TS Table accident from any accident previously Commission may issue the license 3.3.2–1, ‘‘Engineered Safety Feature evaluated? amendment before expiration of the 60- Actuation System Instrumentation,’’ Response: No. day period provided that its final Function 5.b.(5), ‘‘Turbine Trip and The proposed modification to the logic determination is that the amendment Feedwater Isolation, Feedwater configuration for the doghouse water level involves no significant hazards Isolation, Doghouse Water Level—High instrumentation will result in it being better consideration. In addition, the High.’’ The existing one-out-of-one (1/1) enabled to fulfill its design function in Commission may issue the amendment logic per train per doghouse is being response to accident conditions. The prior to the expiration of the 30-day 2 instrumentation will continue to meet its modified to a two-out-of-three ( ⁄3) logic seismic and equipment qualification comment period should circumstances per train per doghouse. The proposed requirements. The proposed modifications do change during the 30-day comment change will improve the overall not involve a change in the methods period such that failure to act in a reliability of this function and will governing normal plant operation. The timely way would result, for example,

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in derating or shutdown of the facility. results of the proceeding. The petition determination is that the amendment Should the Commission take action should specifically explain the reasons request involves a significant hazards prior to the expiration of either the why intervention should be permitted consideration, any hearing held would comment period or the notice period, it with particular reference to the take place before the issuance of any will publish in the Federal Register a following general requirements: (1) The amendment. notice of issuance. Should the name, address and telephone number of All documents filed in NRC Commission make a final No Significant the requestor or petitioner; (2) the adjudicatory proceedings, including a Hazards Consideration Determination, nature of the requestor’s/petitioner’s request for hearing, a petition for leave any hearing will take place after right under the Act to be made a party to intervene, any motion or other issuance. The Commission expects that to the proceeding; (3) the nature and document filed in the proceeding prior the need to take this action will occur extent of the requestor’s/petitioner’s to the submission of a request for very infrequently. property, financial, or other interest in hearing or petition to intervene, and Written comments may be submitted the proceeding; and (4) the possible documents filed by interested by mail to the Chief, Rulemaking, effect of any decision or order which governmental entities participating Directives and Editing Branch, TWB– may be entered in the proceeding on the under 10 CFR 2.315(c), must be filed in 05–B01M, Division of Administrative requestor’s/petitioner’s interest. The accordance with the NRC E-Filing rule, Services, Office of Administration, U.S. petition must also identify the specific which the NRC promulgated on August Nuclear Regulatory Commission, contentions which the petitioner/ 28, 2007 (72 FR 49139). The E-Filing Washington, DC 20555–0001, and requestor seeks to have litigated at the process requires participants to submit should cite the publication date and proceeding. and serve all adjudicatory documents page number of this Federal Register Each contention must consist of a over the internet, or in some cases to notice. Documents may be examined, specific statement of the issue of law or mail copies on electronic storage media. and/or copied for a fee, at the NRC’s fact to be raised or controverted. In Participants may not submit paper Public Document Room (PDR), located addition, the petitioner/requestor shall copies of their filings unless they seek at One White Flint North, Public File provide a brief explanation of the bases a waiver in accordance with the Area O1 F21, 11555 Rockville Pike (first for the contention and a concise procedures described below. floor), Rockville, Maryland. statement of the alleged facts or expert To comply with the procedural Within 60 days after the date of opinion which support the contention requirements of E-Filing, at least ten publication of this notice, any person(s) and on which the petitioner intends to (10) days prior to the filing deadline, the whose interest may be affected by this rely in proving the contention at the petitioner/requestor must contact the action may file a request for a hearing hearing. The petitioner/requestor must Office of the Secretary by e-mail at and a petition to intervene with respect also provide references to those specific [email protected], or by calling to issuance of the amendment to the sources and documents of which the (301) 415–1677, to request (1) a digital subject facility operating license. petitioner is aware and on which the ID certificate, which allows the Requests for a hearing and a petition for petitioner intends to rely to establish participant (or its counsel or leave to intervene shall be filed in those facts or expert opinion. The representative) to digitally sign accordance with the Commission’s petition must include sufficient documents and access the E-Submittal (Rules of Practice for Domestic information to show that a genuine server for any proceeding in which it is Licensing Proceedings) in 10 CFR Part 2. dispute exists with the applicant on a participating; and/or (2) creation of an Interested person(s) should consult a material issue of law or fact. electronic docket for the proceeding current copy of 10 CFR 2.309, which is Contentions shall be limited to matters (even in instances in which the available at the Commission’s PDR, within the scope of the amendment petitioner/requestor (or its counsel or located at One White Flint North, Public under consideration. The contention representative) already holds an NRC- File Area O1F21, 11555 Rockville Pike must be one which, if proven, would issued digital ID certificate). Each (first floor), Rockville, Maryland. entitle the petitioner to relief. A petitioner/requestor will need to Publicly available records will be petitioner/requestor who fails to satisfy download the Workplace Forms accessible from the Agencywide these requirements with respect to at Viewer TM (to access the Electronic Documents Access and Management least one contention will not be Information Exchange (EIE), a System’s (ADAMS) Public Electronic permitted to participate as a party. component of the E-Filing system. The Reading Room on the Internet at the Those permitted to intervene become Workplace Forms Viewer TM (is free and NRC Web site, http://www.nrc.gov/ parties to the proceeding, subject to any is available at http://www.nrc.gov/site- reading-rm/doc-collections/cfr/. If a limitations in the order granting leave to help/e-submittals/install-viewer.html. request for a hearing or petition for intervene, and have the opportunity to Information about applying for a digital leave to intervene is filed by the above participate fully in the conduct of the ID certificate is available on NRC’s date, the Commission or a presiding hearing. public Web site at http://www.nrc.gov/ officer designated by the Commission or If a hearing is requested, the site-help/e-submittals/apply- by the Chief Administrative Judge of the Commission will make a final certificates.html. Atomic Safety and Licensing Board determination on the issue of no Once a petitioner/requestor has Panel, will rule on the request and/or significant hazards consideration. The obtained a digital ID certificate, had a petition; and the Secretary or the Chief final determination will serve to decide docket created, and downloaded the EIE Administrative Judge of the Atomic when the hearing is held. If the final viewer, it can then submit a request for Safety and Licensing Board will issue a determination is that the amendment hearing or petition for leave to notice of a hearing or an appropriate request involves no significant hazards intervene. Submissions should be in order. consideration, the Commission may Portable Document Format (PDF) in As required by 10 CFR 2.309, a issue the amendment and make it accordance with NRC guidance petition for leave to intervene shall set immediately effective, notwithstanding available on the NRC public Web site at forth with particularity the interest of the request for a hearing. Any hearing http://www.nrc.gov/site-help/- the petitioner in the proceeding, and held would take place after issuance of submittals.html. A filing is considered how that interest may be affected by the the amendment. If the final complete at the time the filer submits its

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documents through EIE. To be timely, that the petition and/or request should NUCLEAR REGULATORY an electronic filing must be submitted to be granted and/or the contentions COMMISSION the EIE system no later than 11:59 p.m. should be admitted, based on a [Docket No. 50–414; NRC–2009–0072] Eastern Time on the due date. Upon balancing of the factors specified in 10 receipt of a transmission, the E-Filing CFR 2.309(c)(1)(i)–(viii). Duke Energy Carolinas, LLC; Notice of system time-stamps the document and Documents submitted in adjudicatory Consideration of Issuance of sends the submitter an e-mail notice Amendment to Facility Operating confirming receipt of the document. The proceedings will appear in NRC’s electronic hearing docket which is License, Proposed No Significant EIE system also distributes an e-mail Hazards Consideration Determination, notice that provides access to the available to the public at http:// _ and Opportunity for a Hearing document to the NRC Office of the www.ehd.nrc.gov/ehd proceeding/ General Counsel and any others who home.asp, unless excluded pursuant to The U.S. Nuclear Regulatory have advised the Office of the Secretary an order of the Commission, an Atomic Commission (the Commission) is that they wish to participate in the Safety and Licensing Board, or a considering issuance of an amendment proceeding, so that the filer need not Presiding Officer. Participants are to Facility Operating License No. NPF– serve the documents on those requested not to include personal 35 issued to Duke Energy Carolinas, LLC participants separately. Therefore, privacy information, such as social (the licensee), for operation of the applicants and other participants (or security numbers, home addresses, or Catawba Nuclear Station, Unit 2, located their counsel or representative) must home phone numbers in their filings. in York County, South Carolina. apply for and receive a digital ID With respect to copyrighted works, The proposed amendment proposes a certificate before a hearing request/ except for limited excerpts that serve one-cycle revision to the Technical petition to intervene is filed so that they the purpose of the adjudicatory filings Specifications (TSs) to incorporate an can obtain access to the document via and would constitute a Fair Use interim alternate repair criterion for the E-Filing system. application, participants are requested steam generator tube repair criteria A person filing electronically may not to include copyrighted materials in during the End of Cycle 16 refueling seek assistance through the ‘‘Contact outage and subsequent cycle 17 their submissions. Us’’ link located on the NRC Web site operation. at http://www.nrc.gov/site-help/e- For further details with respect to this Before issuance of the proposed submittals.html or by calling the NRC license amendment application, see the license amendment, the Commission electronic filing Help Desk, which is application for amendment dated June will have made findings required by the available between 8 a.m. and 8 p.m., 23, 2008, which is available for public Atomic Energy Act of 1954, as amended Eastern Time, Monday through Friday. inspection at the Commission’s PDR, (the Act), and the Commission’s The electronic filing Help Desk can be located at One White Flint North, File regulations. contacted by telephone at 1–866–672– Public Area O1 F21, 11555 Rockville The Commission has made a 7640 or by e-mail at Pike (first floor), Rockville, Maryland. proposed determination that the [email protected]. Publicly available records will be amendment request involves no Participants who believe that they accessible electronically from the significant hazards consideration. Under have a good cause for not submitting Agencywide Documents Access and the Commission’s regulations in Title 10 documents electronically must file a Management System’s (ADAMS) Public of the Code of Federal Regulations (10 motion, in accordance with 10 CFR Electronic Reading Room on the Internet CFR), Section 50.92, this means that 2.302(g), with their initial paper filing operation of the facility in accordance at the NRC Web site, http:// requesting authorization to continue to with the proposed amendment would www.nrc.gov/reading-rm/adams.html. submit documents in paper format. not (1) involve a significant increase in Such filings must be submitted by: (1) Persons who do not have access to the probability or consequences of an First class mail addressed to the Office ADAMS or who encounter problems in accident previously evaluated; or (2) of the Secretary of the Commission, U.S. accessing the documents located in create the possibility of a new or Nuclear Regulatory Commission, ADAMS, should contact the NRC PDR different kind of accident from any Washington, DC 20555–0001, Attention: Reference staff by telephone at 1–800– accident previously evaluated; or (3) Rulemaking and Adjudications Staff; or 397–4209, 301–415–4737, or by e-mail involve a significant reduction in a (2) courier, express mail, or expedited to [email protected]. margin of safety. As required by 10 CFR delivery service to the Office of the Dated at Rockville, Maryland, this 12th day 50.91(a), the licensee has provided its Secretary, Sixteenth Floor, One White of February 2009. analysis of the issue of no significant Flint North, 11555 Rockville Pike, hazards consideration, which is Rockville, Maryland 20852, Attention: For the Nuclear Regulatory Commission. presented below: Rulemaking and Adjudications Staff. John Stang, Participants filing a document in this Criterion 1: Senior Project Manager, Plant Licensing Does the proposed amendment involve a manner are responsible for serving the Branch II–1, Division of Operating Reactor significant increase in the probability or document on all other participants. Licensing, Office of Nuclear Reactor consequences of an accident previously Filing is considered complete by first- Regulation. evaluated? class mail as of the time of deposit in [FR Doc. E9–3898 Filed 2–23–09; 8:45 am] Response: No. Of the various accidents previously the mail, or by courier, express mail, or BILLING CODE 7590–01–P expedited delivery service upon evaluated, the following are limiting with depositing the document with the respect to the proposed changes to TS 5.5.9, TS 5.6.8, and the Facility Operating License: provider of the service. • Non-timely requests and/or petitions SG Tube Rupture (SGTR) evaluation • Steam Line Break (SLB) evaluation and contentions will not be entertained • Locked Rotor Accident (LRA) evaluation absent a determination by the • Rod Ejection Accident (REA) evaluation Commission or the presiding officer of Loss of Coolant Accident (LOCA) the Atomic Safety and Licensing Board conditions cause a compressive axial load to

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act on the tube. Therefore, since the LOCA Response: No. Normally, the Commission will not tends to force the tube into the tubesheet The proposed changes to TS 5.5.9, TS issue the amendment until the rather than pull it out, it is not a factor in 5.6.8, and the Facility Operating License do expiration of 60 days after the date of this amendment request. Another faulted not introduce any changes or mechanisms publication of this notice. The load consideration is a Safe Shutdown that create the possibility of a new or Earthquake (SSE); however, the seismic different kind of accident. Tube bundle Commission may issue the license analysis of Model D5 SGs (the SGs at integrity is expected to be maintained for all amendment before expiration of the 60- Catawba) has shown that axial loading of the plant conditions upon implementation of the day period provided that its final tubes is negligible during a SSE. IARC. The proposed change does not determination is that the amendment At normal operating pressures, leakage introduce any new equipment or any change involves no significant hazards from Primary Water Stress Corrosion to existing equipment. No new effects on consideration. In addition, the Cracking (PWSCC) below 17 inches from the existing equipment are created nor are any Commission may issue the amendment TTS is limited by both the tube-to-tubesheet new malfunctions introduced. prior to the expiration of the 30-day crevice and the limited crack opening Therefore, based on the above evaluation, permitted by the tubesheet constraint. the proposed change does not create the comment period should circumstances Consequently, negligible normal operating possibility of a new or different kind of change during the 30-day comment leakage is expected from cracks within the accident from any accident previously period such that failure to act in a tubesheet region. evaluated. timely way would result, for example, For the SGTR event, the required structural Criterion 3: in derating or shutdown of the facility. margin of the SG tubes is maintained by Does the proposed amendment involve a Should the Commission take action limiting the allowable ligament size for a significant reduction in a margin of safety? prior to the expiration of either the circumferential crack to remain in service to Response: No. comment period or the notice period, it 203 degrees below 17 inches from the TTS The proposed changes to TS 5.5.9, TS and above 1 inch from the bottom of the 5.6.8, and the Facility Operating License will publish in the Federal Register a tubesheet. Tube rupture is precluded for maintain the required structural margins of notice of issuance. Should the cracks in the hydraulic expansion region due the SG tubes for both normal and accident Commission make a final No Significant to the constraint provided by the tubesheet. conditions. NEI 97–06, Rev. 2 and draft RG Hazards Consideration Determination, The potential for tube pullout is mitigated by 1.121 are used as the basis in the any hearing will take place after limiting the allowable crack size to 203 development of a methodology for issuance. The Commission expects that degrees. This allowable crack size takes into determining that SG tube integrity the need to take this action will occur account eddy current uncertainty and crack considerations are maintained within very infrequently. growth rate. It has been shown that a acceptable limits. Draft RG 1.121 describes a circumferential crack with an azimuthal method acceptable to the NRC staff for Written comments may be submitted extent of 203 degrees meets the performance meeting GDC 14, 15, 31, and 32 by reducing by mail to the Chief, Rulemaking, criteria of NEI (Nuclear Energy Institute) 97– the probability and consequences of a SGTR. Directives and Editing Branch, TWB– 06, Rev. 2, ‘‘Steam Generator Program Draft RG 1.121 concludes that by determining 05–B01M, Division of Administrative Guidelines’’ and NRC draft Regulatory Guide the limiting safe conditions of tube wall Services, Office of Administration, U.S. (RG) 1.121, ‘‘Bases for Plugging Degraded degradation beyond which tubes with Nuclear Regulatory Commission, PWR Steam Generator Tubes.’’ Therefore, the unacceptable cracking, as established by Washington, DC 20555–0001, and margin against tube burst/pullout is inservice inspection, should be removed should cite the publication date and maintained during normal and postulated from service or repaired, the probability and page number of this Federal Register accident conditions and the proposed change consequences of a SGTR are reduced. This does not result in a significant increase in the RG uses safety factors on loads for tube burst notice. Documents may be examined, probability or consequence of a SGTR. that are consistent with the requirements of and/or copied for a fee, at the NRC’s The probability of a SLB, LRA, and REA Section III of the ASME Code. Public Document Room (PDR), located are not affected by the potential failure of a For axially oriented cracking located at One White Flint North, Public File SG tube, as the failure of a tube is not an within the tubesheet, tube burst is precluded Area O1 F21, 11555 Rockville Pike (first initiator for any of these events. SLB leakage due to the presence of the tubesheet. For floor), Rockville, Maryland. is limited by leakage flow restrictions circumferentially oriented cracking in a tube Within 60 days after the date of resulting from the leakage path above or the TTS weld, the supporting publication of this notice, any person(s) potential cracks through the TTS crevice. The Westinghouse analysis defines a length of whose interest may be affected by this remaining tube ligament that provides the leak rate during postulated accident action may file a request for a hearing conditions has been shown to remain within necessary resistance to tube pullout due to the accident analysis assumptions for all the pressure induced forces (with applicable and a petition to intervene with respect axially or circumferentially oriented cracks safety factors applied). to issuance of the amendment to the occurring 17 inches below the TTS. Since Based on the above, it is concluded that the subject facility operating license. normal operating leakage is limited to 60 gpd proposed change does not result in any Requests for a hearing and a petition for through any one SG and 240 gpd through all reduction of margin with respect to plant leave to intervene shall be filed in SGs, the attendant accident condition leak safety as defined in the UFSAR or Bases of accordance with the Commission’s rate, assuming all leakage to be from the plant TS. ‘‘Rules of Practice for Domestic indications below 17 inches from the TTS, The NRC staff has reviewed the Licensing Proceedings’’ in 10 CFR Part would be bounded by 150 gpd through any licensee’s analysis and, based on this 2. Interested person(s) should consult a one SG and 600 gpd through all SGs. This value is within the accident analysis review, it appears that the three current copy of 10 CFR 2.309, which is assumptions for these design basis accidents standards of 10 CFR 50.92(c) are available at the Commission’s PDR, for Catawba Unit 2. satisfied. Therefore, the NRC staff located at One White Flint North, Public Based on the above, the performance proposes to determine that the File Area O1F21, 11555 Rockville Pike criteria of NEI 97–06, Rev. 2 and draft RG amendment request involves no (first floor), Rockville, Maryland. 1.121 continue to be met and the proposed significant hazards consideration. Publicly available records will be change does not involve a significant The Commission is seeking public accessible from the Agencywide increase in the probability or consequences comments on this proposed Documents Access and Management of an accident previously evaluated. determination. Any comments received Criterion 2: System’s (ADAMS) Public Electronic Does the proposed amendment create the within 30 days after the date of Reading Room on the Internet at the possibility of a new or different kind of publication of this notice will be NRC Web site, http://www.nrc.gov/ accident from any accident previously considered in making any final reading-rm/doc-collections/cfr/. If a evaluated? determination. request for a hearing or petition for

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leave to intervene is filed by the above participate fully in the conduct of the ID certificate is available on NRC’s date, the Commission or a presiding hearing. public Web site at http://www.nrc.gov/ officer designated by the Commission or If a hearing is requested, the site-help/e-submittals/apply- by the Chief Administrative Judge of the Commission will make a final certificates.html. Atomic Safety and Licensing Board determination on the issue of no Once a petitioner/requestor has Panel, will rule on the request and/or significant hazards consideration. The obtained a digital ID certificate, had a petition; and the Secretary or the Chief final determination will serve to decide docket created, and downloaded the EIE Administrative Judge of the Atomic when the hearing is held. If the final viewer, it can then submit a request for Safety and Licensing Board will issue a determination is that the amendment hearing or petition for leave to notice of a hearing or an appropriate request involves no significant hazards intervene. Submissions should be in order. consideration, the Commission may Portable Document Format (PDF) in As required by 10 CFR 2.309, a issue the amendment and make it accordance with NRC guidance petition for leave to intervene shall set immediately effective, notwithstanding available on the NRC public Web site at forth with particularity the interest of the request for a hearing. Any hearing http://www.nrc.gov/site-help/e- the petitioner in the proceeding, and held would take place after issuance of submittals.html. A filing is considered how that interest may be affected by the the amendment. If the final complete at the time the filer submits its results of the proceeding. The petition determination is that the amendment documents through EIE. To be timely, should specifically explain the reasons request involves a significant hazards an electronic filing must be submitted to why intervention should be permitted consideration, any hearing held would the EIE system no later than 11:59 p.m. with particular reference to the take place before the issuance of any Eastern Time on the due date. Upon following general requirements: (1) The amendment. receipt of a transmission, the E-Filing name, address and telephone number of All documents filed in NRC system time-stamps the document and the requestor or petitioner; (2) the adjudicatory proceedings, including a sends the submitter an e-mail notice nature of the requestor’s/petitioner’s request for hearing, a petition for leave confirming receipt of the document. The right under the Act to be made a party to intervene, any motion or other EIE system also distributes an e-mail to the proceeding; (3) the nature and document filed in the proceeding prior notice that provides access to the extent of the requestor’s/petitioner’s to the submission of a request for document to the NRC Office of the property, financial, or other interest in hearing or petition to intervene, and General Counsel and any others who the proceeding; and (4) the possible documents filed by interested have advised the Office of the Secretary effect of any decision or order which governmental entities participating that they wish to participate in the may be entered in the proceeding on the under 10 CFR 2.315(c), must be filed in proceeding, so that the filer need not requestor’s/petitioner’s interest. The accordance with the NRC E-Filing rule, serve the documents on those petition must also identify the specific which the NRC promulgated on August participants separately. Therefore, contentions which the petitioner/ 28, 2007 (72 FR 49139). The E-Filing applicants and other participants (or requestor seeks to have litigated at the process requires participants to submit their counsel or representative) must proceeding. and serve all adjudicatory documents apply for and receive a digital ID Each contention must consist of a over the Internet, or in some cases to certificate before a hearing request/ specific statement of the issue of law or mail copies on electronic storage media. petition to intervene is filed so that they fact to be raised or controverted. In Participants may not submit paper can obtain access to the document via addition, the petitioner/requestor shall copies of their filings unless they seek the E-Filing system. provide a brief explanation of the bases a waiver in accordance with the A person filing electronically may for the contention and a concise procedures described below. seek assistance through the ‘‘Contact statement of the alleged facts or expert To comply with the procedural Us’’ link located on the NRC Web site opinion which support the contention requirements of E-Filing, at least ten at http://www.nrc.gov/site-help/e- and on which the petitioner intends to (10) days prior to the filing deadline, the submittals.html or by calling the NRC rely in proving the contention at the petitioner/requestor must contact the electronic filing Help Desk, which is hearing. The petitioner/requestor must Office of the Secretary by e-mail at available between 8 a.m. and 8 p.m., also provide references to those specific [email protected], or by calling Eastern Time, Monday through Friday. sources and documents of which the (301) 415–1677, to request (1) a digital The electronic filing Help Desk can be petitioner is aware and on which the ID certificate, which allows the contacted by telephone at 1–866–672– petitioner intends to rely to establish participant (or its counsel or 7640 or by e-mail at those facts or expert opinion. The representative) to digitally sign [email protected]. petition must include sufficient documents and access the E-Submittal Participants who believe that they information to show that a genuine server for any proceeding in which it is have a good cause for not submitting dispute exists with the applicant on a participating; and/or (2) creation of an documents electronically must file a material issue of law or fact. electronic docket for the proceeding motion, in accordance with 10 CFR Contentions shall be limited to matters (even in instances in which the 2.302(g), with their initial paper filing within the scope of the amendment petitioner/requestor (or its counsel or requesting authorization to continue to under consideration. The contention representative) already holds an NRC- submit documents in paper format. must be one which, if proven, would issued digital ID certificate). Each Such filings must be submitted by: (1) entitle the petitioner to relief. A petitioner/requestor will need to first class mail addressed to the Office petitioner/requestor who fails to satisfy download the Workplace Forms of the Secretary of the Commission, U.S. these requirements with respect to at ViewerTM to access the Electronic Nuclear Regulatory Commission, least one contention will not be Information Exchange (EIE), a Washington, DC 20555–0001, Attention: permitted to participate as a party. component of the E-Filing system. The Rulemaking and Adjudications Staff; or Those permitted to intervene become Workplace Forms ViewerTM is free and (2) courier, express mail, or expedited parties to the proceeding, subject to any is available at http://www.nrc.gov/site- delivery service to the Office of the limitations in the order granting leave to help/e-submittals/install-viewer.html. Secretary, Sixteenth Floor, One White intervene, and have the opportunity to Information about applying for a digital Flint North, 11555 Rockville Pike,

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Rockville, Maryland, 20852, Attention: For the Nuclear Regulatory Commission. determination. Any comments received Rulemaking and Adjudications Staff. John Stang, within 30 days after the date of Participants filing a document in this Senior Project Manager, Plant Licensing publication of this notice will be manner are responsible for serving the Branch II–1, Division of Operating Reactor considered in making any final document on all other participants. Licensing, Office of Nuclear Reactor determination. Filing is considered complete by first- Regulation. Normally, the Commission will not class mail as of the time of deposit in [FR Doc. E9–3899 Filed 2–23–09; 8:45 am] issue the amendment until the the mail, or by courier, express mail, or BILLING CODE 7590–01–P expiration of 60 days after the date of publication of this notice. The expedited delivery service upon Commission may issue the license depositing the document with the NUCLEAR REGULATORY amendment before expiration of the 60- provider of the service. COMMISSION day period provided that its final Non-timely requests and/or petitions [NRC–2009–0062] determination is that the amendment and contentions will not be entertained involves no significant hazards absent a determination by the Biweekly Notice; Applications and consideration. In addition, the Commission or the presiding officer of Amendments to Facility Operating Commission may issue the amendment the Atomic Safety and Licensing Board Licenses Involving No Significant prior to the expiration of the 30-day that the petition and/or request should Hazards Considerations comment period should circumstances be granted and/or the contentions change during the 30-day comment I. Background should be admitted, based on a period such that failure to act in a balancing of the factors specified in 10 Pursuant to section 189a.(2) of the timely way would result, for example in CFR 2.309(c)(1)(i)–(viii). Atomic Energy Act of 1954, as amended derating or shutdown of the facility. (the Act), the U.S. Nuclear Regulatory Should the Commission take action Documents submitted in adjudicatory Commission (the Commission or NRC prior to the expiration of either the proceedings will appear in NRC’s staff) is publishing this regular biweekly comment period or the notice period, it electronic hearing docket which is notice. The Act requires the will publish in the Federal Register a available to the public at http:// Commission publish notice of any notice of issuance. Should the _ www.ehd.nrc.gov/ehd proceeding/ amendments issued, or proposed to be Commission make a final No Significant home.asp, unless excluded pursuant to issued and grants the Commission the Hazards Consideration Determination, an order of the Commission, an Atomic authority to issue and make any hearing will take place after Safety and Licensing Board, or a immediately effective any amendment issuance. The Commission expects that Presiding Officer. Participants are to an operating license upon a the need to take this action will occur requested not to include personal determination by the Commission that very infrequently. privacy information, such as social such amendment involves no significant Written comments may be submitted security numbers, home addresses, or hazards consideration, notwithstanding by mail to the Chief, Rulemaking, home phone numbers in their filings. the pendency before the Commission of Directives and Editing Branch, TWB– With respect to copyrighted works, a request for a hearing from any person. 05–B01M, Division of Administrative except for limited excerpts that serve This biweekly notice includes all Services, Office of Administration, U.S. the purpose of the adjudicatory filings notices of amendments issued, or Nuclear Regulatory Commission, and would constitute a Fair Use proposed to be issued from January 29, Washington, DC 20555–0001, and application, Participants are requested 2009, to February 11, 2009. The last should cite the publication date and not to include copyrighted materials in biweekly notice was published on page number of this Federal Register their submissions. February 10, 2009 (74 FR 6662). notice. Copies of written comments received may be examined at the For further details with respect to this Notice of Consideration of Issuance of Commission’s Public Document Room license amendment application, see the Amendments to Facility Operating (PDR), located at One White Flint North, application for amendment dated Licenses, Proposed No Significant Public File Area O1F21, 11555 November 13, 2008, which is available Hazards Consideration Determination, Rockville Pike (first floor), Rockville, for public inspection at the and Opportunity for a Hearing Maryland. Commission’s PDR, located at One The Commission has made a Within 60 days after the date of White Flint North, File Public Area O1 proposed determination that the publication of this notice, any person(s) F21, 11555 Rockville Pike (first floor), following amendment requests involve whose interest may be affected by this Rockville, Maryland. Publicly available no significant hazards consideration. action may file a request for a hearing records will be accessible electronically Under the Commission’s regulations in and a petition to intervene with respect from the Agencywide Documents 10 CFR 50.92, this means that operation to issuance of the amendment to the Access and Management System’s of the facility in accordance with the subject facility operating license. (ADAMS) Public Electronic Reading proposed amendment would not (1) Requests for a hearing and a petition for Room on the Internet at the NRC Web involve a significant increase in the leave to intervene shall be filed in site, http://www.nrc.gov/reading-rm/ probability or consequences of an accordance with the Commission’s ‘‘Rules of Practice for Domestic adams.html. Persons who do not have accident previously evaluated; or (2) Licensing Proceedings’’ in 10 CFR Part access to ADAMS or who encounter create the possibility of a new or 2. Interested person(s) should consult a problems in accessing the documents different kind of accident from any accident previously evaluated; or (3) current copy of 10 CFR 2.309, which is located in ADAMS, should contact the involve a significant reduction in a available at the Commission’s PDR, NRC PDR Reference staff by telephone margin of safety. The basis for this located at One White Flint North, Public at 1–800–397–4209, 301–415–4737, or proposed determination for each File Area 01F21, 11555 Rockville Pike by e-mail to [email protected]. amendment request is shown below. (first floor), Rockville, Maryland. Dated at Rockville, Maryland, this 5th day The Commission is seeking public Publicly available records will be of February 2009. comments on this proposed accessible from the Agencywide

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Documents Access and Management requirements with respect to at least one issued digital ID certificate). Each System’s (ADAMS) Public Electronic contention will not be permitted to petitioner/requestor will need to Reading Room on the Internet at the participate as a party. download the Workplace Forms NRC Web site, http://www.nrc.gov/ Those permitted to intervene become Viewer TM to access the Electronic reading-rm/doc-collections/cfr/. If a parties to the proceeding, subject to any Information Exchange (EIE), a request for a hearing or petition for limitations in the order granting leave to component of the E-Filing system. The leave to intervene is filed within 60 intervene, and have the opportunity to Workplace Forms Viewer TM is free and days, the Commission or a presiding participate fully in the conduct of the is available at http://www.nrc.gov/site- officer designated by the Commission or hearing. help/e-submittals/install-viewer.html. by the Chief Administrative Judge of the If a hearing is requested, and the Information about applying for a digital Atomic Safety and Licensing Board Commission has not made a final ID certificate is available on NRC’s Panel, will rule on the request and/or determination on the issue of no public Web site at http://www.nrc.gov/ petition; and the Secretary or the Chief significant hazards consideration, the site-help/e-submittals/apply- Administrative Judge of the Atomic Commission will make a final certificates.html. Safety and Licensing Board will issue a determination on the issue of no Once a petitioner/requestor has notice of a hearing or an appropriate significant hazards consideration. The obtained a digital ID certificate, had a order. final determination will serve to decide docket created, and downloaded the EIE As required by 10 CFR 2.309, a when the hearing is held. If the final viewer, it can then submit a request for petition for leave to intervene shall set determination is that the amendment hearing or petition for leave to forth with particularity the interest of request involves no significant hazards intervene. Submissions should be in the petitioner in the proceeding, and consideration, the Commission may Portable Document Format (PDF) in how that interest may be affected by the issue the amendment and make it accordance with NRC guidance results of the proceeding. The petition immediately effective, notwithstanding available on the NRC public Web site at should specifically explain the reasons the request for a hearing. Any hearing http://www.nrc.gov/site-help/e- why intervention should be permitted held would take place after issuance of submittals.html. A filing is considered with particular reference to the the amendment. If the final complete at the time the filer submits its following general requirements: (1) The determination is that the amendment documents through EIE. To be timely, name, address, and telephone number of request involves a significant hazards an electronic filing must be submitted to the requestor or petitioner; (2) the consideration, any hearing held would the EIE system no later than 11:59 p.m. nature of the requestor’s/petitioner’s take place before the issuance of any Eastern Time on the due date. Upon right under the Act to be made a party amendment. receipt of a transmission, the E-Filing to the proceeding; (3) the nature and All documents filed in NRC system time-stamps the document and extent of the requestor’s/petitioner’s adjudicatory proceedings, including a sends the submitter an e-mail notice property, financial, or other interest in request for hearing, a petition for leave confirming receipt of the document. The the proceeding; and (4) the possible to intervene, any motion or other EIE system also distributes an e-mail effect of any decision or order which document filed in the proceeding prior notice that provides access to the may be entered in the proceeding on the to the submission of a request for document to the NRC Office of the requestor’s/petitioner’s interest. The hearing or petition to intervene, and General Counsel and any others who petition must also set forth the specific documents filed by interested have advised the Office of the Secretary contentions which the petitioner/ governmental entities participating that they wish to participate in the requestor seeks to have litigated at the under 10 CFR 2.315(c), must be filed in proceeding, so that the filer need not proceeding. accordance with the NRC E-Filing rule, serve the documents on those Each contention must consist of a which the NRC promulgated in August participants separately. Therefore, specific statement of the issue of law or 28, 2007 (72 FR 49139). The E-Filing applicants and other participants (or fact to be raised or controverted. In process requires participants to submit their counsel or representative) must addition, the petitioner/requestor shall and serve all adjudicatory documents apply for and receive a digital ID provide a brief explanation of the bases over the Internet or in some cases to certificate before a hearing request/ for the contention and a concise mail copies on electronic storage media. petition to intervene is filed so that they statement of the alleged facts or expert Participants may not submit paper can obtain access to the document via opinion which support the contention copies of their filings unless they seek the E-Filing system. and on which the petitioner/requestor a waiver in accordance with the A person filing electronically may intends to rely in proving the contention procedures described below. seek assistance through the ‘‘Contact at the hearing. The petitioner/requestor To comply with the procedural Us’’ link located on the NRC Web site must also provide references to those requirements of E-Filing, at least five (5) at http://www.nrc.gov/site-help/e- specific sources and documents of days prior to the filing deadline, the submittals.html or by calling the NRC which the petitioner is aware and on petitioner/requestor must contact the electronic filing Help Desk, which is which the petitioner/requestor intends Office of the Secretary by e-mail at available between 8 a.m. and 8 p.m., to rely to establish those facts or expert [email protected], or by calling Eastern Time, Monday through Friday, opinion. The petition must include (301) 415–1677, to request (1) a digital excluding government holidays. The sufficient information to show that a ID certificate, which allows the electronic filing Help Desk can be genuine dispute exists with the participant (or its counsel or contacted by telephone at 1–866–672– applicant on a material issue of law or representative) to digitally sign 7640 or by e-mail at fact. Contentions shall be limited to documents and access the E-Submittal [email protected]. matters within the scope of the server for any proceeding in which it is Participants who believe that they amendment under consideration. The participating; and/or (2) creation of an have a good cause for not submitting contention must be one which, if electronic docket for the proceeding documents electronically must file a proven, would entitle the petitioner/ (even in instances in which the motion, in accordance with 10 CFR requestor to relief. A petitioner/ petitioner/requestor (or its counsel or 2.302(g), with their initial paper filing requestor who fails to satisfy these representative) already holds an NRC- requesting authorization to continue to

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submit documents in paper format. documents located in ADAMS, contact on the Boraflex absorber in the BWR Such filings must be submitted by: (1) the PDR Reference staff at 1 (800) 397– storage racks. These changes do not First class mail addressed to the Office 4209, (301) 415–4737 or by e-mail to impact the probability of having a fuel of the Secretary of the Commission, U.S. [email protected]. handling accident and do not impact the Nuclear Regulatory Commission, consequences of a fuel handling Carolina Power & Light Company, et al., Washington, DC 20555–0001, Attention: Docket No. 50–400, Shearon Harris accident. Rulemaking and Adjudications Staff; or Therefore, this amendment does not Nuclear Power Plant, Unit 1, Wake and (2) courier, express mail, or expedited involve a significant increase in the Chatham Counties, North Carolina delivery service to the Office of the probability or consequences of an Secretary, Sixteenth Floor, One White Date of amendment request: accident previously evaluated. Flint North, 11555 Rockville Pike, September 29, 2008, as supplemented 2. Does the proposed change create Rockville, Maryland 20852, Attention: by letter dated January 16, 2009. the possibility of a new or different kind Rulemaking and Adjudications Staff. Description of amendment request: of accident from any accident Participants filing a document in this The proposed amendment would previously evaluated? manner are responsible for serving the modify Technical Specification (TS) Response: No. document on all other participants. Sections 5.6.1.3.a and 5.6.1.3.b to These revised acceptance criteria Filing is considered complete by first- incorporate the results of a new applicable to the irradiated fuel stored class mail as of the time of deposit in criticality analysis. Specifically the TSs in the BWR Boraflex racks in Pools A the mail, or by courier, express mail, or would be revised to add new and B are being added to TS Section expedited delivery service upon requirements for the Boiling Water 5.6.1.3.a. depositing the document with the Reactor (BWR) spent fuel storage racks The proposed change does not result provider of the service. containing Boraflex in Spent Fuel Pools in any credible new failure mechanisms, Non-timely requests and/or petitions A and B. The requirements for the BWR malfunctions or accident initiators not and contentions will not be entertained spent fuel racks as currently contained considered in the original design and absent a determination by the in TS 5.6.1.3 would be revised to licensing bases. Commission, the presiding officer, or specify applicability to the spent fuel Detailed analyses have been the Atomic Safety and Licensing Board storage racks containing Boral in Spent performed to ensure a criticality that the petition and/or request should Fuel Pool B. accident in Pools A and B is not a be granted and/or the contentions Basis for proposed no significant credible event. The events that could should be admitted, based on a hazards consideration determination: lead to a criticality accident are not balancing of the factors specified in 10 As required by 10 CFR 50.91(a), the new. These events include a fuel CFR 2.309(c)(1)(i)–(viii). licensee has provided its analysis of the mispositioning event, a fuel drop event, Documents submitted in adjudicatory issue of no significant hazards and a boron dilution event. The proceedings will appear in NRC’s consideration, which is presented proposed changes do not impact the electronic hearing docket which is below: probability of any of these events. available to the public at http:// 1. Does the proposed change involve The detailed criticality analyses www.ehd.nrc.gov/EHD_Proceeding/ a significant increase in the probability performed demonstrates that criticality home.asp, unless excluded pursuant to or consequences of an accident would not occur following any of these an order of the Commission, an Atomic previously evaluated? events. Even in a more likely event, Safety and Licensing Board, or a Response: No. such as a fuel mispositioning event, the Presiding Officer. Participants are The proposed activity changes the acceptance criteria for keff [the effective requested not to include personal design basis of the BWR Boraflex storage multiplication factor] remains less than privacy information, such as social racks, but does not make physical or equal to 0.95. In the unlikely event security numbers, home addresses, or changes to the facility. The change to TS that the spent fuel storage pool boron home phone numbers in their filings, Section 5.6.1.3 (BWR Storage Racks in concentration were reduced to zero, keff unless an NRC regulation or other law Pools A and B), which is an update to remains less than 1.0. A criticality requires submission of such the administrative controls for accident is considered ‘‘not credible’’ information. With respect to maintaining the required boron and the proposed action does not create copyrighted works, except for limited concentration in the Boraflex BWR the possibility of a new or different kind excerpts that serve the purpose of the spent fuel storage racks located in Pools of accident from any accident adjudicatory filings and would A and B, does not modify the facility. previously evaluated. constitute a Fair Use application, The accidents currently analyzed in Therefore, the proposed change will participants are requested not to include the FSAR [Final Safety Analysis Report] not create the possibility of a new or copyrighted materials in their applicable to the proposed activity are different kind of accident from any submission. fuel handling accidents. These accidents accident previously evaluated. For further details with respect to this include dropping a fuel assembly onto 3. Does the proposed change involve amendment action, see the application the top of a fuel rack or in the space a significant reduction in a margin of for amendment which is available for between a rack and the pool wall. These safety? public inspection at the Commission’s events are caused either by personnel Response: No. PDR, located at One White Flint North, error or equipment malfunction. Incorporation of the revised criteria Public File Area 01F21, 11555 Rockville Based on the new criticality analysis, for fuel stored in the BWR Boraflex Pike (first floor), Rockville, Maryland. revised acceptance criteria are needed to racks in Pools A and B do not involve Publicly available records will be ensure the criticality safety of fuel a reduction in the margin of safety. The accessible from the ADAMS Public storage in BWR Boraflex racks in Pools updated fuel storage condition Electronic Reading Room on the Internet A and B. Similar administrative controls continues to meet keff <0.95 with credit at the NRC Web site, http:// were previously placed on fuel stored in for soluble boron and keff < 1.0 when www.nrc.gov/reading-rm/adams.html. If the PWR [Pressurized Water Reactor] flooded with unborated water. you do not have access to ADAMS or if Boraflex racks in Pools A and B. These The proposed changes for storage of there are problems in accessing the changes will eliminate the dependence irradiated fuel in BWR Boraflex racks in

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Pools A and B continues to provide the Probability or Consequences of an DOSE EQUIVALENT I–131 in the controls necessary to ensure a criticality Accident Previously Evaluated. primary coolant and the primary to event could not occur in the spent fuel The proposed change for replacement secondary LEAKAGE rates resulting storage pool. The acceptance criteria are OTSGs continues to implement the from an accident. Therefore, limits are consistent with the acceptance criteria current OTSG Program that includes included in the plant technical specified in 10 CFR 50.68, which performance criteria which provide specifications for operational leakage provide an acceptable margin of safety reasonable assurance that the and for DOSE EQUIVALENT I–131 in with regard to the potential for a replacement OTSG tubing will retain the primary coolant to ensure the plant criticality event. integrity over the full range of operating is operated within its analyzed Therefore, this amendment does not conditions (including startup, operation condition. The analysis of the limiting involve a significant reduction in a in the power range, hot standby, design basis accident assumes that the margin of safety. cooldown and all anticipated transients primary to secondary leak rate, after the The NRC staff has reviewed the included in the design specifications). accident, is 1 gallon per minute with no licensee’s analysis and, based on this This change removes repair criteria from more than 150 gallons per day in any review, it appears that the three the OTSG Program that were approved one SG [steam generator], and that the standards of 10 CFR 50.92(c) are by previous License Amendments for reactor coolant activity levels of DOSE satisfied. Therefore, the NRC staff the existing Steam Generators which are EQUIVALENT I–131 are at the TS proposes to determine that the not applicable to the replacement [technical specification] values before amendment request involves no OTSGs. It removes references to use of the accident. The proposed change to significant hazards consideration. repairs and reporting of repair results in the OTSG inspection program does not Attorney for licensee: David T. other Technical Specification sections. affect the design of the OTSGs, their Conley, Associate General Counsel II— This change removes inspection method of operation, operational Legal Department, Progress Energy requirements that are designated for leakage limits, or primary coolant Service Company, LLC, Post Office Box specific damage conditions in the chemistry controls. The proposed 1551, Raleigh, North Carolina 27602. existing OTSGs. change does not adversely impact any The change also revises the inspection NRC Branch Chief: Thomas H. Boyce. other previously evaluated design basis interval for 100% inspections of OTSG accident. In addition, the proposed Florida Power Corporation, et al., tubes and the maximum interval for changes do not affect the consequences Docket No. 50–302, Crystal River Unit 3 inspection of a single OTSG consistent of a Main Steam Line Break, rod Nuclear Generating Plant, Citrus with Technical Specification Task Force ejection, or a reactor coolant pump County, Florida item 449 for the Alloy 690 tube material locked rotor event, or other previously in the replacement OTSGs. The revised Date of amendment request: August evaluated accident. Therefore, the inspection requirements are based on proposed change does not affect the 28, 2008, as supplemented by letter properties and experience with the dated January 19, 2009. consequences of a Steam Generator improved Alloy 690 tube material. The Tube Rupture accident and the Description of amendment request: revised inspection requirements will probability of such an accident is The proposed amendment would result in the same outcome that OTSG unchanged. implement the Technical Specification tube integrity will continue to be 2. The Proposed Change Does Not Task Force Standard Technical maintained. Create the Possibility of a New or Specification Change Traveler 449, This change continues to implement Different Kind of Accident from any Revision 4 inspection requirements for steam generator performance criteria for Previously Evaluated. the replacement once through steam tube structural integrity, accident The proposed license amendment generators (OTSGs) that are being induced leakage, and operational does not affect the design of the OTSGs, installed during the Crystal River Unit leakage for the replacement OTSGs. their method of operation, or primary or 3 Nuclear Generating Plant fall 2009 Meeting the performance criteria secondary coolant chemistry controls. In refueling outage. The replacement provides reasonable assurance that the addition, the proposed amendment does OTSGs differ from the existing OTSGs replacement OTSG tubing will remain not impact any other plant system or in that the tube material is Alloy 690 capable of fulfilling its specific safety component. The change modifies thermally treated in the replacements function of maintaining reactor coolant existing OTSG inspection requirements versus Alloy 600 in the existing OTSGs. pressure boundary integrity throughout for 100% inspection intervals, but Additionally, this amendment would each operating cycle and in the unlikely establishes inspection requirements that remove inspection requirements that are event of a design basis accident. The are considered equivalent based on designated for specific damage performance criteria are only a part of properties and experience with conditions in the existing OTSGs, the OTSG program required by the improved materials. Therefore, the remove tube repair techniques approved existing ITS [Improved Technical proposed change does not create the by the license amendment No. 233, Specification]. The program, defined by possibility of a new or different type of dated May 16, 2007, for the existing NEI [Nuclear Energy Institute] 97–06, accident from any accident previously OTSGs, and remove inspection and Steam Generator Program Guidelines, evaluated. reporting requirements specific to those includes a framework that incorporates 3. The Proposed Change Does Not repair techniques. a balance of prevention, inspection, Involve a Significant Reduction in the Basis for proposed no significant evaluation, repair, and leakage Margin of Safety. hazards consideration determination: monitoring. These features will The steam generator tubes in As required by 10 CFR 50.91(a), the continue to be implemented as they are pressurized water reactors are an licensee has provided its analysis of the currently approved. The proposed integral part of the reactor coolant issue of no significant hazards changes do not, therefore, significantly pressure boundary and, as such, are consideration, which is presented increase the probability of an accident relied upon to maintain the primary below: previously evaluated. system’s pressure and inventory. As part 1. The Proposed Change Does Not The consequences of design basis of the reactor coolant pressure Involve a Significant Increase in the accidents are, in part, functions of the boundary, the steam generator tubes are

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unique in that they are also relied upon starts. The steady state voltage limits provides assurance that the equipment as a heat transfer surface between the would be revised to be more restrictive supplied by the EDG will operate primary and secondary systems such (plus or minus 2 percent of the nominal correctly and within the assumed that residual heat can be removed from voltage) to accurately reflect the timeframe to perform their mitigating the primary system. In addition, the appropriate calculation and the way the functions. steam generator tubes isolate the plant is operated and tested. The steady Until the proposed CR–3 ITS radioactive fission products in the state frequency limits would be revised [Improved Technical Specifications] primary coolant from the secondary to be more restrictive (plus or minus 1 EDG voltage and frequency limits are system. In summary, the safety function percent for all EDG starts) to ensure approved by the NRC, administratively of a steam generator is maintained by compliance with the plant design bases controlled limits have been established ensuring the integrity of its tubes. Steam and the way the plant is operated. These in accordance with NRC Administrative generator tube integrity is a function of changes would ensure that the EDGs are Letter 98–10 to ensure all EDG the design, environment, and the capable of supplying power, with the mitigation functions will be performed, physical condition of the tube. The correct voltage and frequency, to the per design, in the event of a loss of proposed change to the OTSG required electrical loads. offsite power. These administrative inspection program does not affect tube Basis for proposed no significant limits have been determined as design or operating environment. The hazards consideration determination: acceptable and have been incorporated existing OTSG Program is maintained in As required by 10 CFR 50.91(a), the into the surveillance test procedures this change. The repair criteria that are licensee has provided its analysis of the under the provisions of 10 CFR 50.59. being removed are specific to the issue of no significant hazards Periodic testing has been performed existing OTSGs and are not applicable consideration, which is presented with acceptable results. Since EDGs are to the replacement OTSGs. In the case below: mitigating components and are not of the roll repair that is being removed, 1. Does not involve a significant initiators for any analyzed accident, no it potentially leads to additional increase in the probability or increased probability of an accident can cracking over subsequent operating consequences of an accident previously occur. Since administrative limits will cycles due to tube cold working during evaluated. ensure the EDGs will perform as the re-roll. If tube defects are detected The LAR [license amendment request] designed, consequences will not be that exceed limits in the new generators, proposes to provide more restrictive significantly affected. then the tube will be removed from steady state voltage and frequency limits 2. Does not create the possibility of a service. This is considered a more for the Emergency Diesel Generators new or different kind of accident from effective means for removing defects (EDGs). The voltage band is going from any accident previously evaluated. than repairs. For the above reasons, the a range of greater than or equal to 3933 Administrative voltage limits were margin of safety is not changed and V [volts] but less than or equal to 4400 established using verified design overall plant safety will be enhanced by V, to greater than or equal to 4077 V but calculations and the guidance of NRC the proposed change to the ITS. Based less than or equal to 4243 V. The Administrative Letter 98–10. These ¥ upon the reasoning presented above and proposed limits are +/ 2% [percent] administrative limits will ensure the the previous discussion of the around the nominal safety-related bus EDGs will perform as designed. No new amendment request, the requested voltage of 4160 V. The Frequency Limits configuration is established by this change does not involve a significant are going from a 2% tolerance band to change. The administrative limits for hazards consideration. a 1% tolerance band around the the EDG frequency were determined to The NRC staff has reviewed the nominal frequency of 60 Hz [hertz] (59.4 be sufficient to account for licensee’s analysis and, based on this Hz to 60.6 Hz) for all starts of the EDGs. measurement and other uncertainties. review it appears that the three The EDGs are a safety-related system The proposed amendment will place standards of 10 CFR 50.92(c) are that functions to mitigate the impact of the administrative limits into the CR–3 satisfied. Therefore, the NRC staff an accident with a concurrent loss of ITS. The more restrictive voltage and proposes to determine that the offsite power. A loss of offsite power is frequency limits will provide additional amendment request involves no typically a significant contributor to assurance that the EDG can provide the significant hazards consideration. postulated plant risk and, as such, necessary power to supply the required Attorney for licensee: David T. onsite AC [alternating current] safety-related loads during an analyzed Conley, Associate General Counsel II— generators have to be maintained accident. Legal Department, Progress Energy available and reliable in the event of a The proposed ITS voltage and Service Company, LLC, Post Office Box loss of offsite power event. The EDGs frequency limits restore the EDG 1551, Raleigh, North Carolina 27602. are not initiators for any analyzed capability to those analyzed by NRC Branch Chief: Thomas H. Boyce. accident, therefore; the probability for engineering calculation. No new an accident that was previously configuration is established. Therefore, Florida Power Corporation, et al., evaluated is not increased by this no new or different kind of accident Docket No. 50–302, Crystal River Unit 3 change. The revised, voltage and from any previously evaluated can be Nuclear Generating Plant, Citrus frequency limits will ensure the EDGs created. County, Florida will remain capable of performing their 3. Does not involve a significant Date of amendment request: design function. reduction in a margin of safety. November 6, 2008. The consequences of an accident refer The LAR proposes to provide more Description of amendments request: to the impact on both plant personnel restrictive steady state voltage and The proposed change would revise the and the public from any radiological frequency limits for the EDGs. The Crystal River Unit 3 (CR–3) Improved release associated with the accident. change in the acceptance criteria for Technical Specifications Surveillance The EDG supports equipment that is specific surveillance testing provides Requirements (SRs); SR 3.8.1.2, SR supposed to preclude any radiological assurance that the EDGs will be capable 3.8.1.6, and SR 3.8.1.10 to restrict the release. More restrictive voltage and of performing their design function. voltage and frequency limits for all frequency limits for the output of the Previous test history has shown that the Emergency Diesel Generator (EDG) EDG restores design margin, and new limits are well within the

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capability of the EDGs and are (NSHC) determination, using the new surveillance or following the new repeatable. The ‘‘as-left’’ settings for consolidated line-item improvement program. The proposed change does not voltage and frequency will be adjusted process. The NRC staff subsequently involve a physical alteration of the plant (i.e., such that they remain within a tight issued a notice of availability of the no new or different type of equipment will band and this ensures that the ‘‘as- be installed) or a significant change in the models for referencing in license methods governing normal plant operation. found’’ settings will be in an acceptable amendment applications in the Federal The proposed change does not alter any tolerance band. Register on January 17, 2007 (72 FR safety analysis assumptions and is consistent The proposed ITS limits on voltage 2022). The licensee affirmed the with current plant operating practice. and frequency will ensure that the EDG applicability of the following NSHC Therefore, this change does not create the will be able to perform all design determination in its application dated possibility of a new or different kind of functions assumed in the accident September 26, 2008. accident from any accident previously analyses. Administrative limits are in Basis for proposed no significant evaluated. place to ensure these parameters remain hazards consideration determination: Criterion 3—The Proposed Change Does Not within analyzed limits. As such, the As required by 10 CFR 50.91(a), an Involve a Significant Reduction in the Margin proposed change does not involve a analysis of the issue of no significant of Safety significant reduction in a margin of hazards consideration is presented The proposed change does not alter the safety. below: manner in which safety limits, limiting safety The NRC staff has reviewed the system settings or limiting conditions for licensee’s analysis and, based on this Criterion 1—The Proposed Change Does Not operation are determined. The proposed review, it appears that the three Involve a Significant Increase in the change does not affect safety analysis standards of 10 CFR 50.92(c) are Probability or Consequences of an Accident acceptance criteria. The proposed change Previously Evaluated satisfied. Therefore, the NRC staff will not result in plant operation in a configuration outside the design basis for an proposes to determine that the The proposed change does not adversely affect accident initiators or precursors nor unacceptable period of time without amendment request involves no alter the design assumptions, conditions, or compensatory measures. The proposed significant hazards consideration. configuration of the facility. The proposed change does not adversely affect systems that Attorney for licensee: David T. change does not alter or prevent the ability respond to safely shut down the plant and to Conley, Associate General Counsel II— of structures, systems, and components maintain the plant in a safe shutdown Legal Department, Progress Energy (SSCs) to perform their intended function to condition. Therefore, the proposed change Service Company, LLC, Post Office Box mitigate the consequences of an initiating does not involve a significant reduction in a 1551, Raleigh, NC 27602. event within the assumed acceptance limits. margin of safety. NRC Branch Chief: Thomas H. Boyce. The proposed change revises the TS for the The NRC staff proposes to determine CRE emergency ventilation system, which is that the amendment request involves no Florida Power and Light Company, a mitigation system designed to minimize significant hazards consideration. Docket Nos. 50–250 and 50–251, Turkey unfiltered air leakage into the CRE and to Attorney for licensee: M.S. Ross, filter the CRE atmosphere to protect the CRE Point Plant, Units 3 and 4, Miami-Dade Attorney, Florida Power & Light, P.O. County, Florida occupants in the event of accidents previously analyzed. An important part of Box 14000, Juno Beach, Florida 33408– Date of amendment request: the CRE emergency ventilation system is the 0420. September 26, 2008. CRE boundary. The CRE emergency NRC Branch Chief: Thomas H. Boyce. Description of amendment request: ventilation system is not an initiator or The amendments would revise the precursor to any accident previously PSEG Nuclear LLC, Docket No. 50–354, Technical Specifications to adopt evaluated. Hope Creek Generating Station, Salem Nuclear Regulatory Commission (NRC)- Therefore, the probability of any accident County, New Jersey previously evaluated is not increased. approved Revision 3 to Technical Performing tests to verify the operability of Date of amendment request: January Specification Task Force (TSTF) the CRE boundary and implementing a 5, 2009. Improved Standard Technical program to assess and maintain CRE Description of amendment request: Specification Change Traveler, TSTF– habitability ensure that the CRE emergency The proposed amendment would 448, ‘‘Control Room Envelope ventilation system is capable of adequately modify Technical Specifications (TS) Habitability.’’ The proposed mitigating radiological consequences to CRE requirements for mode change amendments include changes to the TS occupants during accident conditions, and limitations in accordance with Revision requirements related to control room that the CRE emergency ventilation system 9 of Nuclear Regulatory Commission will perform as assumed in the consequence (NRC)-approved TS Task Force (TSTF) envelope (CRE) habitability in TS 3/ analyses of design basis accidents. Thus, the 4.7.5, ‘‘Control Room Emergency consequences of any accident previously change TSTF–359, ‘‘Increase Flexibility Ventilation System (CREVS),’’ and TS evaluated are not increased. Therefore, the in Mode Restraints.’’ Section 6.8, ‘‘Administrative Controls— proposed change does not involve a In a Federal Register notice dated Procedures and Programs.’’ In addition, significant increase in the probability or August 2, 2002 (67 FR 50475), the NRC the improvements to TSTF–448, consequences of an accident previously staff issued a notice of opportunity to Revision 3 as recommended in TSTF– evaluated. comment on a model safety evaluation 508, Revision 0, ‘‘Revise Control Room Criterion 2—The Proposed Change Does Not and model no significant hazards Envelope Habitability Actions to Create the Possibility of a New or Different consideration (NSHC) determination for Address Lessons Learned from TSTF– Kind of Accident from any Accident proposed license amendments adopting 448 Implementation,’’ have been Previously Evaluated TSTF–359 using the consolidated line incorporated as appropriate. The proposed change does not impact the item improvement process (CLIIP). The NRC staff published a notice of accident analysis. The proposed change does In a Federal Register notice dated opportunity for comment in the Federal not alter the required mitigation capability of April 4, 2003 (68 FR 16579), the NRC Register on October 17, 2006 (71 FR the CRE emergency ventilation system, or its staff issued a notice of availability of a functioning during accident conditions as 61075), on possible amendments assumed in the licensing basis analyses of model application for proposed license adopting TSTF–448, including a model design basis accident radiological amendments adopting TSTF–359 using safety evaluation and model no consequences to CRE occupants. No new or the CLIIP. The notice also included a significant hazards consideration different accidents result from performing the revised model safety evaluation and a

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model NSHC determination. In its Operation (LCO). The risk associated with Process,’’ in the Federal Register on application dated January 5, 2009, the this allowance is managed by the imposition August 29, 2005 (70 FR 51098). The licensee affirmed the applicability of the of required actions that must be performed notice included a model safety model NSHC determination which is within the prescribed completion times. The evaluation (SE) and a model no net effect of being in a TS condition on the presented below. margin of safety is not considered significant. significant hazards consideration Basis for proposed no significant The proposed change does not alter the (NSHC) determination. On November 4, hazards consideration determination: required actions or completion times of the 2005, the NRC staff issued a notice in As required by 10 CFR 50.91(a), an TS. The proposed change allows TS the Federal Register (70 FR 67202) analysis of the issue of NSHC is conditions to be entered, and the associated announcing that the model SE and presented below: required actions and completion times to be model NSHC determination may be used in new circumstances. This use is referenced in plant-specific applications Criterion 1—The Proposed Change Does Not predicated upon the licensee’s performance Involve a Significant Increase in the to adopt the changes. In its application of a risk assessment and the management of dated January 5, 2009, the licensee Probability or Consequences of an Accident plant risk. The change also eliminates current Previously Evaluated allowances for utilizing required actions and affirmed the applicability of the model The proposed change allows entry into a completion times in similar circumstances, NSHC determination which is presented mode or other specified condition in the without assessing and managing risk. The below. applicability of a TS, while in a TS condition new change to the margin of safety is Basis for proposed no significant statement and the associated required actions insignificant. Therefore, this change does not hazards consideration determination: of the TS. Being in a TS condition and the involve a significant reduction in a margin of As required by 10 CFR 50.91(a), an associated required actions is not an initiator safety. analysis of the issue of NSHC is of any accident previously evaluated. presented below: Therefore, the probability of an accident Based upon the reasoning presented above it appears that the three standards 1. Does the change involve a previously evaluated is not significantly significant increase in the probability or increased. The consequences of an accident of 10 CFR 50.92(c) are satisfied. while relying on required actions as allowed Therefore, the NRC staff proposes to consequences of an accident previously by proposed LCO [Limiting Condition for determine that the amendment request evaluated? Operation] 3.0.4, are no different than the involves no significant hazards Response: No. consequences of an accident while entering consideration. The proposed change involves the and relying on the required actions while Attorney for licensee: Jeffrie J. Keenan, deletion of a reporting requirement. The starting in a condition of applicability of the Esquire, Nuclear Business Unit—N21, change does not affect plant equipment TS. Therefore, the consequences of an or operating practices and therefore accident previously evaluated are not P.O. Box 236, Hancocks Bridge, NJ 08038. does not significantly increase the significantly affected by this change. The probability or consequences of an addition of a requirement to assess and NRC Branch Chief: Harold K. manage the risk introduced by this change Chernoff. accident previously evaluated. will further minimize possible concerns. 2. Does the change create the Therefore, this change does not involve a PSEG Nuclear LLC, Docket No. 50–354, possibility of a new or different kind of significant increase in the probability or Hope Creek Generating Station, Salem accident from any accident previously consequences of an accident previously County, New Jersey evaluated? evaluated. PSEG Nuclear LLC, Docket Nos. 50–272 Response: No. Criterion 2—The Proposed Change Does Not and 50–311, Salem Nuclear Generating The proposed change is Create the Possibility of a New or Different Station, Unit Nos. 1 and 2, Salem administrative in that it deletes a Kind of Accident From Any Previously County, New Jersey reporting requirement. The change does Evaluated not add new plant equipment, change The proposed change does not involve the Date of amendment request: January existing plant equipment, or affect the physical alteration of the plant (no new or 5, 2009. operating practices of the facility. different type of equipment will be installed). Description of amendment request: Therefore, the change does not create Entering into a mode or other specified The proposed amendments would the possibility of a new or different kind condition in the applicability of a TS, while delete Section 2.F of the Facility of accident from any accident in a TS condition statement and the Operating License (FOL) for Hope Creek previously evaluated. associated required actions of the TS, will Generating Station (Hope Creek) and 3. Does the proposed change involve not introduce new failure modes or effects Section 2.I of the FOL for Salem Nuclear and will not, in the absence of other a significant reduction in a margin of unrelated failures, lead to an accident whose Generating Station (Salem) Unit No. 2. safety? consequences exceed the consequences of The FOL sections being deleted require Response: No. accidents previously evaluated. The addition reporting of violations of the The proposed change deletes a of a requirement to assess and manage the requirements in Section 2.C of the reporting requirement. The change does risk introduced by this change will further respective FOLs. The proposed not affect plant equipment or operating minimize possible concerns. Thus, this amendments would also delete practices and therefore does not involve change does not create the possibility of a Technical Specification (TS) 6.9.3 for a significant reduction in a margin of new or different kind of accident from an Hope Creek, Salem Unit No. 1 and accident previously evaluated. safety. Salem Unit No. 2. These TSs contain a Based on the above, the NRC staff Criterion 3—The Proposed Change Does Not reporting requirement that is proposes that the change presents no Involve a Significant Reduction in the Margin duplicative of Nuclear Regulatory significant hazards consideration under of Safety. Commission (NRC) regulations. the standards set forth in 10 CFR The proposed change allows entry into a The NRC staff issued a ‘‘Notice of 50.92(c). mode or other specified condition in the Opportunity to Comment on Model Attorney for licensee: Jeffrie J. Keenan, applicability of a TS, while in a TS condition Safety Evaluation on Elimination of statement and the associated required actions Esquire, Nuclear Business Unit–N21, of the TS. The TS allow operation of the Typical License Condition Requiring P.O. Box 236, Hancocks Bridge, NJ plant without the full complement of Reporting of Violations of Section 2.C of 08038. equipment through the conditions for not Operating Licensing Using the NRC Branch Chief: Harold K. meeting the TS Limiting Conditions for Consolidated Line Item Improvement Chernoff.

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Tennessee Valley Authority, Docket surveillances, which is to detect either safety. The clarification of Example 1.4– Nos. 50–259, 50–260 and 50–296, random stuck control rods or identify 3 in Section 1.4 ‘‘Frequency’’ is an Browns Ferry Nuclear Plant (BFN), generic concerns affecting control rod editorial change made to provide Units 1, 2 and 3, Limestone County, operability, is not significantly affected consistency with other discussions in Alabama by the proposed change. Requiring Section 1.4. Therefore, the proposed Date of amendment request: October control rods to be fully inserted when changes do not involve a significant 30 and November 20, 2008 (TS–463–T). the associated SRM is inoperable is reduction in a margin of safety. Description of amendment request: consistent with other similar The NRC staff has reviewed the requirements and will increase the The BFN requests adoption of an licensee’s analysis and, based on this shutdown margin. The clarification of approved change to the Standard review, it appears that the three Example 1.4–3 in Section 1.4 Technical Specifications (TSs) for standards of 10 CFR 50.92(c) are ‘‘Frequency’’ is an editorial change General Electric Plants (NUREG–1433, satisfied. Therefore, the NRC staff BWR/4) and plant-specific TSs, that made to provide consistency with other TSTF–475, Rev. 1 discussions in proposes to determine that the allows: (1) Revising the frequency of Section 1.4. Therefore, the proposed amendment request involves no Surveillance Requirement (SR) 3.1.3.2, changes do not involve a significant significant hazards consideration. notch testing of fully withdrawn control increase in the probability or Attorney for licensee: General rod, from ‘‘7 days after the control rod consequences of an accident previously Counsel, Tennessee Valley Authority, is withdrawn and THERMAL POWER is evaluated. 400 West Summit Hill Drive, ET 11A, greater than the low-power set point 2. Does the proposed change create Knoxville, Tennessee 37902. (LPSP) of rod worth minimizer (RWM)’’ the possibility of a new or different kind NRC Branch Chief: Thomas H. Boyce. to ‘‘31 days after the control rod is of accident from any accident withdrawn and THERMAL POWER is previously evaluated? Previously Published Notices of greater than the LPSP of the RWM,’’ (2) Response: No Consideration of Issuance of adding the word ‘‘fully’’ to Limiting Revising the frequency for notch Amendments to Facility Operating Condition for Operation LCO 3.3.1.2, testing fully withdrawn control rods Licenses, Proposed No Significant Required Action E.2 to clarify the does not involve physical modification Hazards Consideration Determination, requirement to fully insert all insertable to the plant and does not introduce a and Opportunity for a Hearing control rods in core cells containing one new mode of operation. Requiring or more fuel assemblies when the control rods to be fully inserted will The following notices were previously associated source range monitor make this action consistent with other published as separate individual instrument is inoperable, and (3) similar actions. The clarification of notices. The notice content was the revising Example 1.4–3 in Section 1.4 Example 1.4–3 in Section 1.4 same as above. They were published as ‘‘Frequency’’ to clarify that the 1.25 ‘‘Frequency’’ is an editorial change individual notices either because time surveillance test interval extension in made to provide consistency with other did not allow the Commission to wait SR 3.0.2 is applicable to time periods discussions in Section 1.4. Therefore, for this biweekly notice or because the discussed in NOTES in the the proposed changes do not create the action involved exigent circumstances. ‘‘SURVEILLANCE’’ column in addition possibility of a new or different kind of They are repeated here because the to the time periods in the accident from any accident previously biweekly notice lists all amendments ‘‘FREQUENCY’’ column. evaluated. issued or proposed to be issued Basis for proposed no significant 3. Does the proposed change involve involving no significant hazards hazards consideration determination: a significant reduction in a margin of consideration. As required by 10 CFR 50.91(a), the safety? licensee has provided its analysis of the Response: No For details, see the individual notice issue of no significant hazards The CRDs and CRDMs are extremely in the Federal Register on the day and consideration, which is presented reliable systems and, as such, reducing page cited. This notice does not extend below: the number of control rod notch tests the notice period of the original notice. 1. Does the proposed change involve will not significantly impact the Duke Power Company LLC, Docket Nos. a significant increase in the probability likelihood of detecting a stuck control 50–414, Catawba Nuclear Station, Unit or consequences of an accident rod. If a stuck control rod is detected, 2, York County, South Carolina previously evaluated? existing action requirements will ensure Response: No prompt action is taken to ensure there Date of application for amendments: This change does not affect either the is not a generic problem. Other January 20, 2009. design or operation of the Control Rod surveillances are routinely performed to Brief description of amendments: The Drive Mechanism (CRDM). The affected ensure that the performance of the proposed amendment would allow a surveillance and Required Action is not control rods in the event of a DBA one-time limited duration extension of considered to be an initiator of any [design-basis accident] or transient the Technical Specification (TS) analyzed event. Revising the frequency meets the assumptions used in the Surveillance (SR) 3.3.1.4 frequency. SR for notch testing fully withdrawn safety analyses. As such, potential 3.3.1.4 is a Trip Actuating Device control rods will not affect the ability of effects of reducing the number of notch Operational Test (TADOT) of the reactor the control rods to shutdown the reactor tests are far outweighed by the benefit trip breakers (RTBs) and reactor trip if required. Given the extremely reliable of reducing undue burden on reactor bypass breakers. nature of the CRDM, as demonstrated operators and reducing the potential for through industry operating experience, mispositioning events which Date of publication of individual the proposed monthly notch testing of accompanies any control rod notice in Federal Register: January 28, all withdrawn control rods continues to manipulation. Requiring control rods to 2009 (74 FR 4986). provide a high level of confidence in be fully inserted instead of partially Expiration date of individual notice: control rod operability. Hence, the inserted when the associated SRM is 30 days February 27, 2009; 60 days overall intent of the notch testing inoperable will increase the margin of March 30, 2009.

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Notice of Issuance of Amendments to Carolina Power & Light Company, et. Renewed Facility Operating License Facility Operating Licenses al., Docket No. 50–400, Shearon Harris No. NPF–63: The amendment revises Nuclear Power Plant, Unit 1, Wake and the Technical Specifications and During the period since publication of Chatham Counties, North Carolina Facility Operating License. the last biweekly notice, the Federal Date of application for amendment: Date of initial notice in Commission has issued the following Register January 4, 2008. : June 10, 2008 (73 FR 32744). amendments. The Commission has Brief description of amendment: The The supplemental letters provided determined for each of these amendment establishes more effective clarifying information that was within amendments that the application and appropriate action, surveillance, the scope of the initial notice and did complies with the standards and and administrative requirements related not change the initial proposed no requirements of the Atomic Energy Act to ensuring the habitability of the significant hazards consideration of 1954, as amended (the Act), and the control room envelope in accordance determination. The Commission’s related evaluation Commission’s rules and regulations. with the NRC-approved Technical of the amendment is contained in a The Commission has made appropriate Specification Task Force (TSTF) safety evaluation dated January 29, findings as required by the Act and the Standard Technical Specification 2009. Commission’s rules and regulations in change traveler TSTF–448, Revision 3, No significant hazards consideration 10 CFR Chapter I, which are set forth in ‘‘Control Room Habitability.’’ This comments received: No. the license amendment. technical specification improvement Notice of Consideration of Issuance of was initially made available in the Duke Power Company LLC, Docket Nos. Amendment to Facility Operating Federal Registerby the NRC on January 50–369 and 50–370, McGuire Nuclear License, Proposed No Significant 17, 2007 (72 FR 2022). Station, Units 1 and 2, Mecklenburg Hazards Consideration Determination, Date of issuance: January 29, 2009. County, North Carolina and Opportunity for A Hearing in Effective date: Effective as of the date Date of application for amendments: of issuance and shall be implemented connection with these actions was January 22, 2008. within 180 days. published in the Federal Register as Brief description of amendments: The Amendment No: 128. indicated. amendments revised the Technical Renewed Facility Operating License Specifications (TSs) requirements Unless otherwise indicated, the No. NPF–63: The amendment revises related to control room envelope Commission has determined that these the Technical Specifications and habitability in accordance with TS Task amendments satisfy the criteria for Facility Operating License. Force (TSTF) traveler TSTF–448, categorical exclusion in accordance Date of initial notice in Federal ‘‘Control Room Habitability,’’ Revision with 10 CFR 51.22. Therefore, pursuant Register: May 20, 2008 (73 FR 29161). 3. This TS improvement was made to 10 CFR 51.22(b), no environmental The Commission’s related evaluation available by the Commission on January impact statement or environmental of the amendment is contained in a 17, 2007 (72 FR 2022) as part of the assessment need be prepared for these safety evaluation dated January 29, consolidated line item improvement amendments. If the Commission has 2009. process (CLIIP). prepared an environmental assessment No significant hazards consideration Date of issuance: January 30, 2009. under the special circumstances comments received: No. Effective date: As of the date of provision in 10 CFR 51.22(b) and has Carolina Power & Light Company, et. issuance and shall be implemented made a determination based on that al., Docket No. 50–400, Shearon Harris within 60 days from the date of assessment, it is so indicated. Nuclear Power Plant, Unit 1, Wake and issuance. Chatham Counties, North Carolina Amendment Nos.: 249 and 229. For further details with respect to the Renewed Facility Operating License action see (1) the applications for Date of application for amendment: Nos. NPF–9 and NPF–17: Amendments amendment, (2) the amendment, and (3) April 3, 2008, as supplemented by revised the licenses and the technical the Commission’s related letter, Safety letters dated December 9, 2008, and specifications. Evaluation and/or Environmental January 9, 2009. Date of initial notice in Federal Assessment as indicated. All of these Brief description of amendment: The Register: March 25, 2008 (73 FR items are available for public inspection amendment revises Technical 15784). at the Commission’s Public Document Specification Section 5.6.3.b to allow a The Commission’s related evaluation Room (PDR), located at One White Flint reconfiguration of the fuel racks in of the amendments is contained in a North, Public File Area 01F21, 11555 Spent Fuel Pool (SFP) C and allow the Safety Evaluation dated January 30, Rockville Pike (first floor), Rockville, use of Metamic as an alternate neutron 2009. Maryland. Publicly available records poison material in the new storage racks No significant hazards consideration will be accessible from the Agencywide for SFP C and D. The amendment: (1) comments received: No Revises the rack configuration in SFP C Documents Access and Management Entergy Nuclear Vermont Yankee, LLC Systems (ADAMS) Public Electronic to allow the substitution of four previously approved (13 × 13 cell) and Entergy Nuclear Operations, Inc., Reading Room on the internet at the Boiling Water Reactor racks with an Docket No. 50–271, Vermont Yankee NRC Web site, http://www.nrc.gov/ equal number of (9 × 9 cell) Pressurized Nuclear Power Station, Vernon, reading-rm/adams.html. If you do not Water Reactor racks, and (2) authorizes Vermont have access to ADAMS or if there are the use of Metamic as an alternate spent Date of application for amendment: problems in accessing the documents fuel rack poison material. September 22, 2008. located in ADAMS, contact the PDR Date of issuance: January 29, 2009. Brief description of amendment: The Reference staff at 1 (800) 397–4209, Effective date: Effective as of the date amendment revised the Technical (301) 415–4737 or by e-mail to of issuance and shall be implemented Specification (TS) to change [email protected]. within 60 days. requirements related to Battery Systems Amendment No: 129. specified in TS Section 3.10 resulting in

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removing the Limiting Condition for Exelon Generation Company, LLC, Date of initial notice in Federal Operation pertaining to 345 kV Docket Nos. STN 50–456 and STN 50– Register: September 9, 2008 (73 FR switchyard batteries, chargers and 457, Braidwood Station, Units 1 and 2 52418). associated direct current distribution (Braidwood), Will County, Illinois The Commission’s related evaluation panel. Docket Nos. STN 50–454 and STN 50– of the amendment is contained in a Date of Issuance: February 11, 2009. 455, Byron Station, Unit Nos. 1 and 2 Safety Evaluation dated January 29, (Byron), Ogle County, Illinois 2009. Effective date: As of the date of No significant hazards consideration issuance, and shall be implemented Date of application for amendment: comments received: No. within 60 days. February 21, 2008. Amendment No.: 234. Brief description of amendment: The Nuclear Management Company, LLC, amendments approved revisions to the Docket No. 50–263, Monticello Nuclear Facility Operating License No. DPR– current licensing basis for Braidwood Generating Plant, Wright County, 28: Amendment revised the License and and Byron associated with the Minnesota Technical Specifications. application of an alternative source term Date of application for amendment: Date of initial notice in Federal (AST) methodology, previously February 6, 2008, as supplemented on Register: November 18, 2008 (73 FR approved by the Nuclear Regulatory September 16 and November 6, 2008. 68454). Commission staff. Specifically, the Brief description of amendment: The The Commission’s related evaluation amendments approved removing credit amendment approved the installation of the amendment is contained in a for the control room ventilation system and use of the General Electric—Hitachi Safety Evaluation dated January 30, recirculation prefilters and reducing the nuclear measurement analysis and 2009. assumed control room unfiltered control digital Power Range Neutron inleakage in the AST analyses. No significant hazards consideration Monitoring System (PRNMS), and Date of issuance: February 5, 2009. comments received: No. approved changes in the Technical Effective date: As of the date of Specifications to reflect use of the Entergy Operations, Inc., Docket No. 50– issuance and shall be implemented PRNMS at Monticello Nuclear 382, Waterford Steam Electric Station, within 60 days. Generating Plant. Amendment Nos.: Braidwood Unit 1– Unit 3, St. Charles Parish, Louisiana Date of issuance: January 30, 2009. 155; Braidwood Unit 2–155; Byron Unit Effective date: As of the date of Date of amendment request: January No. 1–160; and Byron Unit No. 2–160. issuance and shall be implemented 2, 2008, as supplemented by letter dated Facility Operating License Nos. NPF– January 22, 2009. 72, NPF–77, NPF–37, and NPF–66: The within 90 days. Amendment No.: 159. amendments revised the current Brief description of amendment: The Facility Operating License No. DPR– licensing basis for Braidwood and amendment revised the actions for 22. Amendment revised the Technical inoperable containment isolation valves Byron. Date of initial notice in Federal Specifications and Facility Operating (CIVs) in Technical Specification 3/ License. 4.6.3, ‘‘Containment Isolation Valves,’’ Register: June 3, 2008 (73 FR 31720). The Commission’s related evaluation Date of initial notice in Federal to increase the allowed outage time from of the amendments is contained in a Register: March 11, 2008 (73 FR 4 hours to 72 hours for inoperable CIVs Safety Evaluation dated February 5, 13025). for penetrations with closed systems 2009. The supplemental letters contained inside containment. No significant hazards consideration clarifying information, did not change Date of issuance: January 30, 2009. comments received: No. the initial no significant hazards Effective date: As of the date of consideration determination, and did Florida Power and Light Company, et not expand the scope of the original issuance and shall be implemented 90 al., Docket No. 50–389, St. Lucie Plant, days from the date of issuance. Federal Register notice. Unit No. 2, St. Lucie County, Florida The Commission’s related evaluation Amendment No.: 217. Date of application for amendment: of the amendment is contained in a Facility Operating License No. NPF– January 23, 2008. Safety Evaluation dated January 30, 38: The amendment revised the Facility Brief description of amendment: The 2009. Operating License and Technical proposed amendment would extend the No significant hazards consideration Specifications. pressure temperature (PT) limit curves comments received: No. Date of initial notice in Federal and the low temperature overpressure Southern California Edison Company, Register: January 29, 2008 (73 FR protection (LTOP) setpoints for et. al., Docket Nos. 50–361 and 50–362, 5219). The supplemental letter dated operation to 55 Effective Full Power San Onofre Nuclear Generating Station, January 22, 2009, provided additional Years (EFPYs). The current PT limit Units 2 and 3, San Diego County, information that clarified the curves (and the LTOP setpoints) are California application, did not expand the scope of applicable to 21.7 EFPYs. The new PT the application as originally noticed, limits and LTOP settings will be Date of application for amendments: and did not change the staff’s original applicable to 60 calendar years, which June 27, 2008. Brief description of amendments: The proposed no significant hazards includes the period until the end of the amendments revised the Technical consideration determination as renewed operating license. Specifications (TSs) to adopt Technical published in the Federal Register. Date of Issuance: January 29, 2009. Effective Date: As of the date of Specification Task Force (TSTF) Change The Commission’s related evaluation issuance and shall be implemented Traveler TSTF–487, Revision 1, of the amendment is contained in a within 60 days of issuance. ‘‘Relocate DNB [Departure from Safety Evaluation dated January 30, Amendment No.: 154. Nucleate Boiling] Parameters to the 2009. Renewed Facility Operating License COLR [Core Operating Limits Report].’’ No significant hazards consideration No. NPF–16: Amendment revised the Specifically, the amendments revised comments received: No. Technical Specifications. TS 3.4.1 and its associated bases and TS

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5.7.1.5 to replace the DNB numeric Specification (TS) 5.5.6 consistent with amendment complies with the limits in TSs with references to the the Technical Specification Task Force standards and requirements of the COLR. (TSTF) Standard Technical Atomic Energy Act of 1954, as amended Date of issuance: February 3, 2009. Specification Change Traveler, TSTF– (the Act), and the Commission’s rules Effective date: As of its date of 419, Revision 0, ‘‘Revise PTLR [Pressure and regulations. The Commission has issuance and shall be implemented and Temperature Limits Report] made appropriate findings as required within 60 days of issuance. Definition and References in ISTS by the Act and the Commission’s rules Amendment Nos.: Unit 2–219; Unit [Improved Standard TS] 5.6.6, RCS and regulations in 10 CFR Chapter I, 3–212. [Reactor Coolant System] PTLR.’’ The which are set forth in the license Facility Operating License Nos. NPF– revised TS 5.6.6 references only the amendment. 10 and NPF–15: The amendments Topical Report (TR) number and title in Because of exigent or emergency revised the Facility Operating Licenses TS 5.6.6, ‘‘Reactor Coolant System (RCS) circumstances associated with the date and Technical Specifications. PRESSURE AND TEMPERATURE the amendment was needed, there was Federal Date of initial notice in LIMITS REPORT (PTLR).’’ This allows not time for the Commission to publish, Register : September 23, 2008 (73 FR the use of the currently approved TRs to for public comment before issuance, its 54868). determine the pressure and temperature usual Notice of Consideration of The Commission’s related evaluation limits in the PTLR without having to Issuance of Amendment, Proposed No of the amendments is contained in a submit an amendment to the Operating Significant Hazards Consideration Safety Evaluation dated February 3, Determination, and Opportunity for a 2009. License. The change does not alter (1) the U.S. Nuclear Regulatory Hearing. No significant hazards consideration For exigent circumstances, the comments received: No. Commission (NRC) reviewed and approved analytical methods used to Commission has either issued a Federal STP Nuclear Operating Company, determine the pressure and temperature Register notice providing opportunity Docket Nos. 50–498 and 50–499, South limits or Low Temperature for public comment or has used local Texas Project, Units 1 and 2, Matagorda Overpressure Protection System media to provide notice to the public in County, Texas setpoints, or (2) the requirement to use the area surrounding a licensee’s facility of the licensee’s application and of the Date of amendment request: January NRC-approved analytical methods to Commission’s proposed determination 23, 2008. determine the limits or setpoints. of no significant hazards consideration. Brief description of amendments: The Date of issuance: January 27, 2009. The Commission has provided a amendments revised the actions Effective date: As of the date of reasonable opportunity for the public to specified in Technical Specification issuance and shall be implemented comment, using its best efforts to make (TS) 3.6.1.3, ‘‘Containment Air Locks,’’ within 90 days from the date of available to the public means of when limiting condition for operation issuance. communication for the public to (LCO) 3.6.1.3 is not met. The Amendment No.: 180. respond quickly, and in the case of amendments allow plant personnel to Renewed Facility Operating License telephone comments, the comments repair containment air lock components No. NPF–42. The amendment revised have been recorded or transcribed as while the plant remains at power and the Renewed Operating License and appropriate and the licensee has been ensure that the containment air locks Technical Specifications. Date of initial notice in Federal informed of the public comments. will continue to meet the requirements Register: August 26, 2008 (73 FR In circumstances where failure to act of the design basis. 50362). The supplemental letter dated in a timely way would have resulted, for Date of issuance: January 30, 2009. example, in derating or shutdown of a Effective date: As of the date of August 26, 2008, provided additional nuclear power plant or in prevention of issuance and shall be implemented information that clarified the either resumption of operation or of within 90 days of issuance. application, did not expand the scope of Amendment Nos.: Unit 1–190; Unit the application as originally noticed, increase in power output up to the plant’s licensed power level, the 2–178. and did not change the staff’s original Facility Operating License Nos. NPF– proposed no significant hazards Commission may not have had an 76 and NPF–80: The amendments consideration determination as opportunity to provide for public revised the Facility Operating Licenses published in the Federal Register. comment on its no significant hazards and Technical Specifications. The Commission’s related evaluation consideration determination. In such Date of initial notice in Federal of the amendment is contained in a case, the license amendment has been Register: March 25, 2008 (73 FR Safety Evaluation dated January 27, issued without opportunity for 15788). 2009. comment. If there has been some time The Commission’s related evaluation No significant hazards consideration for public comment but less than 30 of the amendments is contained in a comments received: No. days, the Commission may provide an opportunity for public comment. If Safety Evaluation dated January 30, Notice of Issuance of Amendments to 2009. comments have been requested, it is so Facility Operating Licenses and Final stated. In either event, the State has No significant hazards consideration Determination of No Significant comments received: No. been consulted by telephone whenever Hazards Consideration and Opportunity possible. Wolf Creek Nuclear Operating for a Hearing (Exigent Public Under its regulations, the Commission Corporation, Docket No. 50–482, Wolf Announcement or Emergency may issue and make an amendment Creek Generating Station, Coffey Circumstances) immediately effective, notwithstanding County, Kansas During the period since publication of the pendency before it of a request for Date of amendment request: July 10, the last biweekly notice, the a hearing from any person, in advance 2008, as supplemented by letter dated Commission has issued the following of the holding and completion of any August 26, 2008. amendments. The Commission has required hearing, where it has Brief description of amendment: The determined for each of these determined that no significant hazards amendment modified Technical amendments that the application for the consideration is involved.

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The Commission has applied the and electronically on the Internet at the Contentions shall be limited to matters standards of 10 CFR 50.92 and has made NRC Web site, http://www.nrc.gov/ within the scope of the amendment a final determination that the reading-rm/doc-collections/cfr/. If there under consideration. The contention amendment involves no significant are problems in accessing the document, must be one which, if proven, would hazards consideration. The basis for this contact the PDR Reference staff at 1 entitle the petitioner to relief. A determination is contained in the (800) 397–4209, (301) 415–4737, or by e- petitioner/requestor who fails to satisfy documents related to this action. mail to [email protected]. If a request for a these requirements with respect to at Accordingly, the amendments have hearing or petition for leave to intervene least one contention will not be been issued and made effective as is filed by the above date, the permitted to participate as a party. indicated. Commission or a presiding officer Each contention shall be given a Unless otherwise indicated, the designated by the Commission or by the separate numeric or alpha designation Commission has determined that these Chief Administrative Judge of the within one of the following groups: amendments satisfy the criteria for Atomic Safety and Licensing Board 1. Technical—primarily concerns/ categorical exclusion in accordance Panel, will rule on the request and/or issues relating to technical and/or with 10 CFR 51.22. Therefore, pursuant petition; and the Secretary or the Chief health and safety matters discussed or to 10 CFR 51.22(b), no environmental Administrative Judge of the Atomic referenced in the applications. impact statement or environmental Safety and Licensing Board will issue a 2. Environmental—primarily assessment need be prepared for these notice of a hearing or an appropriate concerns/issues relating to matters amendments. If the Commission has order. discussed or referenced in the prepared an environmental assessment As required by 10 CFR 2.309, a environmental analysis for the under the special circumstances petition for leave to intervene shall set applications. provision in 10 CFR 51.12(b) and has forth with particularity the interest of 3. Miscellaneous—does not fall into made a determination based on that the petitioner in the proceeding, and one of the categories outlined above. assessment, it is so indicated. how that interest may be affected by the As specified in 10 CFR 2.309, if two For further details with respect to the results of the proceeding. The petition or more petitioners/requestors seek to action see (1) the application for should specifically explain the reasons co-sponsor a contention, the petitioners/ amendment, (2) the amendment to why intervention should be permitted requestors shall jointly designate a Facility Operating License, and (3) the with particular reference to the representative who shall have the Commission’s related letter, Safety following general requirements: (1) The authority to act for the petitioners/ Evaluation and/or Environmental name, address, and telephone number of requestors with respect to that Assessment, as indicated. All of these the requestor or petitioner; (2) the contention. If a petitioner/requestor items are available for public inspection nature of the requestor’s/petitioner’s seeks to adopt the contention of another at the Commission’s Public Document right under the Act to be made a party sponsoring petitioner/requestor, the Room (PDR), located at One White Flint to the proceeding; (3) the nature and petitioner/requestor who seeks to adopt North, Public File Area 01F21, 11555 extent of the requestor’s/petitioner’s the contention must either agree that the Rockville Pike (first floor), Rockville, property, financial, or other interest in sponsoring petitioner/requestor shall act Maryland. Publicly available records the proceeding; and (4) the possible as the representative with respect to that will be accessible from the Agencywide effect of any decision or order which contention, or jointly designate with the Documents Access and Management may be entered in the proceeding on the sponsoring petitioner/requestor a System’s (ADAMS) Public Electronic requestor’s/petitioner’s interest. The representative who shall have the Reading Room on the Internet at the petition must also identify the specific authority to act for the petitioners/ NRC Web site, http://www.nrc.gov/ contentions which the petitioner/ requestors with respect to that reading-rm/adams.html. If you do not requestor seeks to have litigated at the contention. have access to ADAMS or if there are proceeding. Those permitted to intervene become problems in accessing the documents Each contention must consist of a parties to the proceeding, subject to any located in ADAMS, contact the PDR specific statement of the issue of law or limitations in the order granting leave to Reference staff at 1 (800) 397–4209, fact to be raised or controverted. In intervene, and have the opportunity to (301) 415–4737 or by e-mail to addition, the petitioner/requestor shall participate fully in the conduct of the [email protected]. hearing. Since the Commission has The Commission is also offering an provide a brief explanation of the bases for the contention and a concise made a final determination that the opportunity for a hearing with respect to amendment involves no significant the issuance of the amendment. Within statement of the alleged facts or expert opinion which support the contention hazards consideration, if a hearing is 60 days after the date of publication of requested, it will not stay the this notice, any person(s) whose interest and on which the petitioner intends to rely in proving the contention at the effectiveness of the amendment. Any may be affected by this action may file hearing held would take place while the a request for a hearing and a petition to hearing. The petitioner must also provide references to those specific amendment is in effect. intervene with respect to issuance of the All documents filed in NRC amendment to the subject facility sources and documents of which the petitioner is aware and on which the adjudicatory proceedings, including a operating license. Requests for a hearing request for hearing, a petition for leave and a petition for leave to intervene petitioner intends to rely to establish those facts or expert opinion. The to intervene, any motion or other shall be filed in accordance with the document filed in the proceeding prior Commission’s ‘‘Rules of Practice for petition must include sufficient information to show that a genuine to the submission of a request for Domestic Licensing Proceedings’’ in 10 hearing or petition to intervene, and CFR Part 2. Interested person(s) should dispute exists with the applicant on a material issue of law or fact.1 documents filed by interested consult a current copy of 10 CFR 2.309, governmental entities participating which is available at the Commission’s 1 To the extent that the application contains PDR, located at One White Flint North, attachments and supporting documents that are not petitioners desiring access to this information Public File Area 01F21, 11555 Rockville publicly available because they are asserted to should contact the applicant or applicant’s counsel Pike (first floor), Rockville, Maryland, contain safeguards or proprietary information, to discuss the need for a protective order.

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under 10 CFR 2.315(c), must be filed in proceeding, so that the filer need not Presiding Officer. Participants are accordance with the NRC E-Filing rule, serve the documents on those requested not to include personal which the NRC promulgated in August participants separately. Therefore, privacy information, such as social 28, 2007 (72 FR 49139). The E-Filing applicants and other participants (or security numbers, home addresses, or process requires participants to submit their counsel or representative) must home phone numbers in their filings, and serve adjudicatory documents over apply for and receive a digital ID unless an NRC regulation or other law the internet or in some cases to mail certificate before a hearing request/ requires submission of such copies on electronic storage media. petition to intervene is filed so that they information. With respect to Participants may not submit paper can obtain access to the document via copyrighted works, except for limited copies of their filings unless they seek the E-Filing system. excerpts that serve the purpose of the a waiver in accordance with the A person filing electronically may adjudicatory filings and would procedures described below. seek assistance through the ‘‘Contact constitute a Fair Use application, To comply with the procedural Us’’ link located on the NRC Web site participants are requested not to include requirements of E-Filing, at least five (5) at http://www.nrc.gov/site-help/e- copyrighted materials in their days prior to the filing deadline, the submittals.html or by calling the NRC submission. petitioner/requestor must contact the electronic filing Help Desk, which is Dominion Energy Kewaunee, Inc. Office of the Secretary by e-mail at available between 8 a.m. and 8 p.m., Docket No. 50–305, Kewaunee Power [email protected], or by Eastern Time, Monday through Friday, Station (KPS), Kewaunee County, calling (301) 415–1677, to request (1) a excluding government holidays. The Wisconsin digital ID certificate, which allows the electronic filing Help Desk can be Date of amendment request: January participant (or its counsel or contacted by telephone at 1–866–672– 23, 2009, as supplemented by letters of representative) to digitally sign 7640 or by e-mail at January 26, January 30 and February 5, documents and access the E-Submittal [email protected]. 2009. server for any proceeding in which it is Participants who believe that they Description of amendment request: have a good cause for not submitting participating; and/or (2) creation of an The amendment revised the KPS facility documents electronically must file a electronic docket for the proceeding operating license by modifying the motion, in accordance with 10 CFR (even in instances in which the Technical Specifications in Section 2.302(g), with their initial paper filing petitioner/requestor (or its counsel or 3.7.a.7 from ‘‘The two underground requesting authorization to continue to representative) already holds an NRC- storage tanks combine to supply at least submit documents in paper format. issued digital ID certificate). Each 35,000 gallons of fuel oil for either Such filings must be submitted by: (1) petitioner/requestor will need to diesel generator and the day tanks for download the Workplace Forms First class mail addressed to the Office each diesel generator contain at least ViewerTM to access the Electronic of the Secretary of the Commission, U.S. 1,000 gallons of fuel oil’’ to require each Information Exchange (EIE), a Nuclear Regulatory Commission, diesel generator’s underground storage component of the E-Filing system. The Washington, DC 20555–0001, Attention: tank and corresponding day tanks to Workplace Forms ViewerTM is free and Rulemaking and Adjudications Staff; or contain a minimum useable volume of is available at http://www.nrc.gov/site- (2) courier, express mail, or expedited 32,888 gallons. help/e-submittals/install-viewer.html. delivery service to the Office of the Date of issuance: February 6, 2009. Information about applying for a digital Secretary, Sixteenth Floor, One White ID certificate is available on NRC’s Flint North, 11555 Rockville Pike, Effective date: As of the date of public Web site at http://www.nrc.gov/ Rockville, Maryland 20852, Attention: issuance and shall be implemented site-help/e-submittals/apply- Rulemaking and Adjudications Staff. within 30 days. certificates.html. Participants filing a document in this Amendment No.: 203. Once a petitioner/requestor has manner are responsible for serving the Facility Operating License No. DPR– obtained a digital ID certificate, had a document on all other participants. 43: Amendment revised Facility docket created, and downloaded the EIE Filing is considered complete by first- Operating License No. DPR–43 and viewer, it can then submit a request for class mail as of the time of deposit in Appendix A of the Technical hearing or petition for leave to the mail, or by courier, express mail, or Specifications. intervene. Submissions should be in expedited delivery service upon Public comments requested as to Portable Document Format (PDF) in depositing the document with the proposed no significant hazards accordance with NRC guidance provider of the service. consideration (NSHC): Yes. The Nuclear available on the NRC public Web site at Non-timely requests and/or petitions Regulatory Commission (NRC) staff http://www.nrc.gov/site-help/e- and contentions will not be entertained published a public notice of the submittals.html. A filing is considered absent a determination by the proposed amendment, issued a complete at the time the filer submits its Commission, the presiding officer, or proposed finding of NSHC, and documents through EIE. To be timely, the Atomic Safety and Licensing Board requested that any comments on the an electronic filing must be submitted to that the petition and/or request should proposed NSHC be provided to the NRC the EIE system no later than 11:59 p.m. be granted and/or the contentions staff no later than close of business on Eastern Time on the due date. Upon should be admitted, based on a February 5, 2009. The notice was receipt of a transmission, the E-Filing balancing of the factors specified in 10 published in the ‘‘Herald Times system time-stamps the document and CFR 2.309(c)(1)(i)–(viii). Reporter’’ of Manitowoc, Wisconsin, on sends the submitter an e-mail notice Documents submitted in adjudicatory January 29, 2009. No comments have confirming receipt of the document. The proceedings will appear in NRC’s been received. EIE system also distributes an e-mail electronic hearing docket which is The Commission’s related evaluation notice that provides access to the available to the public at http:// of the amendment, finding of exigent document to the NRC Office of the www.ehd.nrc.gov/EHD_Proceeding/ circumstances, state consultation, and General Counsel and any others who home.asp, unless excluded pursuant to final NSHC determination are contained have advised the Office of the Secretary an order of the Commission, an Atomic in a safety evaluation dated February 6, that they wish to participate in the Safety and Licensing Board, or a 2009.

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Attorney for licensee: Lillian M. LLC’’), Pruco Securities, LLC (‘‘Pruco’’), Richmond, VA 23230; First Cuoco, Senior Counsel, Dominion AST Investment Services, Inc. (‘‘AST International, 3 Bishopsgate, London, Resources Services, Inc., Counsel for Investment’’), Prudential Annuities England UK EC2N3AB; Metropolitan Dominion Energy Kewaunee, Inc., 120 Distributors, Inc. (‘‘PAD’’), Prudential West, 610 Newport Center Drive, Suite Tredegar Street, Richmond, VA 23219. Investment Management Services LLC 1000, Newport Beach, CA 92660; NRC Branch Chief: Lois M. James. (‘‘PIMS LLC’’), Pruco Life Insurance Golden Capital, 5 Resource Square, Dated at Rockville, Maryland, this 12th day Company (‘‘Pruco Life’’), Pruco Life Suite 150, 10715 David Taylor Drive, of February 2009. Insurance Company of New Jersey Charlotte, NC 28262; PIM, Inc. and For the Nuclear Regulatory Commission. (‘‘Pruco Life NJ’’), Prudential Annuities QMA LLC, 100 Mulberry Street, Joseph G. Giitter, Life Assurance Corporation (‘‘PALAC’’), Gateway Center Two, Newark, NJ 07102; Director, Division of Operating Reactor Prudential Retirement Insurance and PI LLC and PIMS LLC, 100 Mulberry Licensing, Office of Nuclear Reactor Annuity Company (‘‘PRIAC’’), Wells Street, Gateway Center Three, Newark, Regulation. Fargo Funds Management, LLC (‘‘WF NJ 07102; Prudential Insurance and [FR Doc. E9–3515 Filed 2–23–09; 8:45 am] Funds Management’’), Wells Capital Pruco, 751 Broad Street, Newark, NJ BILLING CODE 7590–01–P Management Incorporated (‘‘Wells 07102; Jennison, 466 Lexington Avenue, Capital Management’’), Peregrine New York, NY 10017; Bache, One New Capital Management, Inc. (‘‘Peregrine’’), York Plaza, 13th Floor, New York, NY SECURITIES AND EXCHANGE Galliard Capital Management, Inc. 10292; AST Investment, PAD and COMMISSION (‘‘Galliard’’), Wells Fargo Private PALAC, One Corporate Drive, Shelton, Investment Advisors, LLC d/b/a Nelson CT 06484; Pruco Life and Pruco Life NJ, [Release No. IC–28618; 812–13632] Capital Management (‘‘Nelson’’), Wells 213 Washington Street, Newark, NJ Fargo Funds Distributor, LLC (‘‘WF 07102; PRIAC, 280 Trumbull Street, Wachovia Securities, LLC, et al.; Funds Distributor’’), Lowry Hill Hartford, CT 06103–3509; WF Funds Notice of Application and Temporary Investment Advisors, Inc. (‘‘Lowry Management and WF Funds Distributor, Order Hill’’), and Wells Fargo Alternative 525 Market Street, 12th Floor, San February 18, 2009. Asset Management, LLC (‘‘WFAAM’’) Francisco, CA 94105; Wells Capital AGENCY: Securities and Exchange (collectively, other than Wachovia Management, 525 Market Street, 10th Commission (‘‘Commission’’). Securities, the ‘‘Fund Servicing Floor, San Francisco, CA 94105; Applicants’’ and together with ACTION: Temporary order and notice of Peregrine, 800 LaSalle Avenue, Suite Wachovia Securities, the application for a permanent order under 1850, Minneapolis, MN 55402; Galliard, ‘‘Applicants’’).1 section 9(c) of the Investment Company 800 LaSalle Avenue, Suite 2060, DATES: Act of 1940 (‘‘Act’’). Filing Date: The application was Minneapolis, MN 55402; Nelson, 1860 filed on February 18, 2009. Embarcadero Road, #140, Palo Alto, CA SUMMARY OF APPLICATION: Applicants HEARING OR NOTIFICATION OF HEARING: An 94303; Lowry Hill, 90 South Seventh have received a temporary order order granting the application will be Street, Suite 5300, Minneapolis, MN exempting them from section 9(a) of the issued unless the Commission orders a 55402; and WFAAM, 333 Market Street, Act, with respect to an injunction hearing. Interested persons may request 29th Floor, MAC# A0119–291, San entered against Wachovia Securities, a hearing by writing to the Francisco, CA 94105. LLC (‘‘Wachovia Securities’’) on Commission’s Secretary and serving FOR FURTHER INFORMATION CONTACT: February 17, 2009 by the United States Applicants with a copy of the request, Steven I. Amchan, Attorney Adviser, at District Court for the Northern District personally or by mail. Hearing requests (202) 551–6826, or Julia Kim Gilmer, of Illinois (‘‘Injunction’’), until the should be received by the Commission Branch Chief, at (202) 551–6821, Commission takes final action on an by 5:30 p.m. on March 16, 2009, and (Division of Investment Management, application for a permanent order. should be accompanied by proof of Office of Investment Company Applicants also have applied for a service on Applicants, in the form of an Regulation). affidavit, or for lawyers, a certificate of permanent order. SUPPLEMENTARY INFORMATION: The APPLICANTS: Wachovia Securities, service. Hearing requests should state following is a temporary order and a Evergreen Investment Management the nature of the writer’s interest, the summary of the application. The Company, LLC (‘‘Evergreen Investment reason for the request, and the issues complete application may be obtained Management’’), Tattersall Advisory contested. Persons who wish to be for a fee at the Commission’s Public Group, Inc. (‘‘Tattersall’’), First notified of a hearing may request Reference Room, 100 F Street, NE., International Advisors, LLC (‘‘First notification by writing to the Washington, DC 20549–1520 (tel. 202– International’’), Metropolitan West Commission’s Secretary. 551–5850). Capital Management, LLC ADDRESSES: Secretary, U.S. Securities Applicants’ Representations: (‘‘Metropolitan West’’), J.L. Kaplan and Exchange Commission, 100 F 1. Wells Fargo & Company (‘‘Wells Associates, LLC (‘‘J.L. Kaplan’’), Golden Street, NE., Washington, DC 20549– Fargo’’), a financial holding company Capital Management, LLC (‘‘Golden 1090; Applicants: Wachovia Securities, and bank holding company, offers Capital’’), Evergreen Investment One North Jefferson Avenue, St. Louis, banking, brokerage, advisory and other Services, Inc. (‘‘Evergreen Investment MO 63103; Evergreen Investment financial services to institutional and Services’’), Prudential Investment Management, J.L. Kaplan and Evergreen individual customers worldwide. On Management, Inc. (‘‘PIM, Inc.’’), Investment Services, 200 Berkeley December 31, 2008, Wells Fargo Prudential Investments LLC (‘‘PI LLC’’), Street, Boston, MA 02116; Tattersall, acquired all of the outstanding voting The Prudential Insurance Company of 6802 Paragon Place, Suite 200, shares of Wachovia Corporation. Wells America (‘‘Prudential Insurance’’), Fargo indirectly owns 75% to 77% of Jennison Associates LLC (‘‘Jennison’’), 1 Applicants request that any relief granted Wachovia Securities Financial pursuant to the application also apply to any other Prudential Bache Asset Management, company of which Wachovia Securities is or may Holdings, LLC (‘‘WSFH’’) and Inc. (‘‘Bache’’), Quantitative become an affiliated person (together with the Prudential Financial, Inc. (‘‘Prudential’’) Management Associates LLC (‘‘QMA Applicants, the ‘‘Covered Persons’’). indirectly owns 23% to 25% of WSFH.

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Wachovia Securities is a wholly owned purchasers of certain auction rate registered face-amount certificate subsidiary of WSFH, and an affiliated securities. company. Applicants also state that person of each Fund Servicing Applicants’ Legal Analysis: none of the current or former directors, Applicant within the meaning of section 1. Section 9(a)(2) of the Act, in officers, or employees of the Fund 2(a)(3) of the Act (by virtue of being relevant part, prohibits a person who Servicing Applicants had any under common control with the Fund has been enjoined from, among other responsibility for, or had any Servicing Applicants). Wachovia things, engaging in or continuing any involvement in, the conduct alleged in Securities offers a wide array of conduct or practice in connection with the Complaint. Applicants further state financial advisory, brokerage, asset the purchase or sale of a security, or in that the personnel at Wachovia management and other financial connection with activities as an Securities who were involved in the services in more than 3,700 locations underwriter, broker or dealer, from violations alleged in the Complaint have nationwide. acting, among other things, as an had no and will not have any future investment adviser or depositor of any involvement in providing investment 2. Evergreen Investment Management, registered investment company or a Tattersall, First International, advisory, subadvisory, depository or principal underwriter for any registered underwriting services to Funds. Metropolitan West, J.L. Kaplan, Golden open-end investment company, Capital, PIM, Inc., PI LLC, Jennison, registered unit investment trust or 5. Applicants state that their inability Bache, QMA LLC, AST Investment, WF registered face-amount certificate to continue to provide investment Funds Management, Wells Capital company. Section 9(a)(3) of the Act advisory, subadvisory and underwriting Management, Peregrine, Galliard, makes the prohibition in section 9(a)(2) services to Funds and serve as depositor Nelson, Lowry Hill, and WFAAM are applicable to a company, any affiliated to the Registered Separate Accounts registered as investment advisers under person of which has been disqualified would result in potential hardship for the Investment Advisers Act of 1940, as under the provisions of section 9(a)(2). the Funds and their shareholders. amended (‘‘Advisers Act’’) and provide Section 2(a)(3) of the Act defines Applicants state that they will, as soon investment advisory or subadvisory ‘‘affiliated person’’ to include, among as reasonably practical, distribute services to registered investment others, any person directly or indirectly written materials, including an offer to companies (‘‘Funds’’). Evergreen controlling, controlled by, or under meet in person to discuss the materials, Investment Services, Pruco, PAD, PIMS common control with, the other person. to the boards of directors of the Funds LLC, and WF Funds Distributor are Applicants state that Wachovia (‘‘Boards’’) for which the Applicants broker-dealers registered under the Securities is an affiliated person of each serve as investment adviser, investment Securities Exchange Act of 1934, as of the other Applicants within the subadviser or principal underwriter, amended (‘‘Exchange Act’’) and serve as meaning of section 2(a)(3) of the Act. including the directors who are not principal underwriters to open-end Applicants state that the entry of the ‘‘interested persons,’’ as defined in Funds and registered unit investment Injunction results in Applicants being section 2(a)(19) of the Act, of such trusts (‘‘UITs’’, included in the term subject to the disqualification Funds, and their independent legal ‘‘Funds’’). Prudential Insurance, Pruco provisions of section 9(a) of the Act. counsel as defined in rule 0–1(a)(6) Life, Pruco Life NJ, PALAC, and PRIAC 2. Section 9(c) of the Act provides that under the Act, relating to the serve as depositors to registered separate the Commission shall grant an circumstances that led to the Injunction, accounts, all of which are Funds application for exemption from the any impact on the Funds, and the (‘‘Registered Separate Accounts’’). disqualification provisions of section application. Applicants state they will 3. On February 17, 2009, the United 9(a) if it is established that these provide the Boards with all information States District Court for the Northern provisions, as applied to the Applicants, concerning the Injunction and the District of Illinois entered a judgment are unduly or disproportionately severe application that is necessary for the against Wachovia Securities or that the Applicants’ conduct has been Funds to fulfill their disclosure and (‘‘Judgment’’) in a matter brought by the such as not to make it against the public other obligations under the federal Commission.2 The Commission alleged interest or the protection of investors to securities laws. in the complaint (‘‘Complaint’’) that grant the exemption. Applicants have 6. Applicants also state that, if they Wachovia Securities violated section filed an application pursuant to section were barred from providing services to 15(c) of the Exchange Act by marketing 9(c) seeking a temporary and permanent the Funds, the effect on their businesses auction rate securities as highly liquid order exempting them and Covered and employees would be severe. investments comparable to cash or Persons from the disqualification Applicants state that they have money market instruments and by provisions of section 9(a) of the Act. committed substantial resources to selling auction rate securities to its 3. Applicants believe they meet the establish an expertise in providing customers without adequately standard for exemption specified in advisory and distribution services to disclosing the risks involved in section 9(c). Applicants state that the Funds, and depository services to the purchasing such securities. Without prohibitions of section 9(a) as applied to Registered Separate Accounts. admitting or denying the allegations in them would be unduly and Applicants further state that prohibiting the Complaint, except as to jurisdiction, disproportionately severe and that the them from providing such services Wachovia Securities consented to the conduct of the Applicants has been such would not only adversely affect their entry of the Judgment that included, as not to make it against the public businesses, but would also adversely among other things, the entry of the interest or the protection of investors to affect over 3700 employees who are Injunction and other equitable relief grant the exemption from section 9(a). involved in those activities. 4. Applicants state that the alleged including undertakings to take various conduct giving rise to the Injunction did 7. Applicants previously have remedial actions for the benefit of not involve any of the Applicants acting received exemptions under section 9(c) in the capacity of investment adviser, as the result of conduct that triggered 2 Securities and Exchange Commission v. subadviser or depositor to any Fund or section 9(a) as described in greater Wachovia Securities, LLC, Judgment on Consent detail in the application. Against Defendant Wachovia Securities, LLC, 09 in the capacity of principal underwriter Civ. 00743 (N.D. Ill. February 17, 2009). for any open-end Fund, UIT, or Applicants’ Condition:

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Applicants agree that any order by the Exchange. The Exchange filed the class in which an ‘‘Off-Floor DPM’’ is granting the requested relief will be proposal as a ‘‘non-controversial’’ appointed, CBOE believes that having subject to the following condition: proposed rule change pursuant to an On-Floor LMM in an option class in Any temporary exemption granted Section 19(b)(3)(A)(iii) of the Act 3 and which an Off-Floor DPM has been pursuant to the application shall be Rule 19b–4(f)(6) thereunder.4 The appointed provides additional without prejudice to, and shall not limit Commission is publishing this notice to flexibility and may be beneficial. the Commission’s rights in any manner solicit comments on the proposed rule In connection with this change, CBOE with respect to, any Commission change from interested persons. also proposes to amend its rules relating to the obligations of LMMs and LMM investigation of, or administrative I. Self-Regulatory Organization’s proceedings involving or against, participation entitlements, in option Statement of the Terms of Substance of classes in which both an On-Floor LMM Covered Persons, including, without the Proposed Rule Change limitation, the consideration by the and an Off-Floor DPM have been Commission of a permanent exemption The Exchange proposes to amend appointed. First, CBOE proposes to from section 9(a) of the Act requested CBOE rules relating to relating to [sic] amend paragraph (b)(i) of Rule 8.15A to pursuant to the application or the DPMs and LMMs. The text of the provide that in option classes in which revocation or removal of any temporary proposed rule change is available on the both an On-Floor LMM and an Off-Floor exemptions granted under the Act in Exchange’s Web site (http:// DPM have been appointed, the On-Floor connection with the application. www.cboe.org/Legal), at the Exchange’s LMM shall be obligated to comply with Temporary Order: Office of the Secretary, and at the the quoting obligations of Market- The Commission has considered the Commission’s Public Reference Room. Makers in Hybrid classes as set forth in matter and finds that Applicants have II. Self-Regulatory Organization’s Rule 8.7(d). These obligations generally made the necessary showing to justify Statement of the Purpose of, and include a continuous open outcry granting a temporary exemption. Statutory Basis for, the Proposed Rule quoting obligation and the obligation to Accordingly, Change continuously quote electronically in 60% of the series with less than nine It is hereby ordered, pursuant to In its filing with the Commission, the section 9(c) of the Act, that Applicants months to expiration of each allocated self-regulatory organization included class. The Off-Floor DPM would and any other Covered Persons are statements concerning the purpose of granted a temporary exemption from the continue to be required to meet the and basis for the proposed rule change continuous electronic quoting obligation provisions of section 9(a), solely with and discussed any comments it received respect to the Injunction, subject to the set forth in Rule 8.85(a)(i), namely, to on the proposed rule change. The text continuously quote in at least 90% of condition in the application, from of those statements may be examined at February 17, 2009, until the the series of each multiply-listed option the places specified in Item IV below. class allocated to it and in 100% of the Commission takes final action on their The Exchange has prepared summaries, application for a permanent order. series of each singly-listed option class set forth in sections A, B, and C below, allocated to it. CBOE does not believe it By the Commission. of the most significant parts of such is necessary to require the On-Floor Elizabeth M. Murphy, statements. LMM to satisfy the more extensive Secretary. A. Self-Regulatory Organization’s electronic quoting obligation of DPMs [FR Doc. E9–3841 Filed 2–23–09; 8:45 am] Statement of the Purpose of, and the given that the Off-Floor DPM will be BILLING CODE 8011–01–P Statutory Basis for, the Proposed Rule performing this function and the On- Change Floor LMM will not be eligible to receive a participation entitlement for SECURITIES AND EXCHANGE 1. Purpose transactions executed electronically. COMMISSION DPMs are member organizations that (See Rule 8.15B(b).) CBOE also proposes to amend [Release No. 34–59406; File No. SR–CBOE– function in option classes allocated to 2009–006] them as a Market-Maker, and also are paragraphs (b)(iv) and (b)(vi) of Rule subject to the obligations under Rule 8.15A to provide that the obligations set Self-Regulatory Organizations; 8.85 or as otherwise provided in CBOE’s forth therein will be assigned to the Off- Chicago Board Options Exchange, Rules. LMMs, similarly, function in Floor DPM in those option classes in Incorporated; Notice of Filing and option classes allocated to them as a which both an On-Floor LMM and an Immediate Effectiveness of Proposed Market-Maker, and also are subject to Off-Floor DPM have been appointed. Rule Change To Amend CBOE Rules other obligations under Rule 8.15A (for CBOE believes that it is appropriate that Relating to DPMs and LMMs Hybrid classes) or as otherwise provided these two obligations, which pertain to in CBOE’s Rules. Recently, CBOE the prompt initiation of an opening February 13, 2009. amended its rules to provide DPMs with trading rotation and the use of a DPM’s Pursuant to Section 19(b)(1) of the the flexibility to operate remotely away account for Linkage, be the Securities Exchange Act of 1934 (the from CBOE’s trading floor as a so-called responsibility of the Off-Floor DPM ‘‘Act’’) 1 and Rule 19b–4 thereunder,2 ‘‘Off-Floor DPM.’’ (See, e.g., Rules 8.80 given that it will have the principal notice is hereby given that on February and 8.83.) The purpose of this rule filing electronic quoting obligation in the 11, 2009, the Chicago Board Options is to amend CBOE’s rules to provide that option class and will be eligible to Exchange, Incorporated (the ‘‘Exchange’’ CBOE in its discretion may appoint an receive a participation entitlement for or ‘‘CBOE’’) filed with the Securities ‘‘On-Floor LMM’’ in option classes in electronic transactions. and Exchange Commission (the which an ‘‘Off-Floor DPM’’ is CBOE also proposes to amend Rule ‘‘Commission’’) the proposed rule appointed. Although CBOE does not 8.15A and Rule 8.15B to provide that in change as described in Items I and II believe it is necessary for an On-Floor option classes in which both an On- below, which Items have been prepared LMM to be appointed in each option Floor LMM and an Off-Floor DPM have been appointed, the On-Floor LMM may 1 15 U.S.C. 78s(b)(1). 3 15 U.S.C. 78s(b)(3)(A)(iii). receive a participation entitlement with 2 17 CFR 240.19b–4. 4 17 CFR 240.19b–4(f)(6). respect to orders represented in open

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outcry on CBOE’s trading floor. CBOE securities exchange and, in particular, interest, for the protection of investors, believes that it is appropriate for the On- the requirements of Section 6(b) of the or otherwise in furtherance of the Floor LMM to receive a participation Act. Specifically, the Exchange believes purposes of the Act. entitlement for orders represented in the proposed rule change is consistent IV. Solicitation of Comments open outcry given that the On-Floor with the Section 6(b)(5) Act 6 LMM will have a continuous open requirements that the rules of an Interested persons are invited to outcry quoting obligation,5 is expected exchange be designed to promote just submit written data, views, and to be continually present at the trading and equitable principles of trade, in that arguments concerning the foregoing, station and resolve disputes relating to allowing CBOE to appoint an On-Floor including whether the proposed rule transactions in the option classes in LMM in an option class in which an change is consistent with the Act. which the LMM is appointed, make Off-Floor DPM has been appointed Comments may be submitted by any of competitive open outcry markets, and provides additional flexibility and, the following methods: promote CBOE in a manner likely to therefore, could be beneficial and enhance CBOE’s ability to compete contribute to the maintenance of a fair Electronic Comments successfully for order flow in the classes and orderly market. • Use the Commission’s Internet it trades, among other obligations. CBOE comment form (http://www.sec.gov/ notes that its rules currently provide B. Self-Regulatory Organization’s Statement on Burden on Competition rules/sro.shtml); or that an Off-Floor DPM shall not receive • a participation entitlement with respect CBOE does not believe that the Send an e-mail to rule- to orders represented in open outcry on proposed rule change will impose any [email protected]. Please include File CBOE’s trading floor, so it is reasonable burden on competition that is not Number SR–CBOE–2009–006 on the for an On-Floor LMM to receive an necessary or appropriate in furtherance subject line. entitlement for open outcry transactions of the purposes of the Act. Paper Comments given its obligations including the C. Self-Regulatory Organization’s • Send paper comments in triplicate continuous open outcry quoting Statement on Comments on the obligation. to Elizabeth M. Murphy, Secretary, Proposed Rule Change Received From Finally, CBOE notes that the Securities and Exchange Commission, Members, Participants or Others provisions of Rule 8.15A not being 100 F Street, NE., Washington, DC amended by this proposed rule change The Exchange neither solicited nor 20549–1090. received comments on the proposal. will continue to apply to the On-Floor All submissions should refer to File LMM that is appointed in option classes III. Date of Effectiveness of the Number SR–CBOE–2009–006. This file in which an Off-Floor DPM is Proposed Rule Change and Timing for number should be included on the appointed. For example, the On-Floor Commission Action subject line if e-mail is used. To help the LMM will continue to be obligated to The Exchange has filed the proposed Commission process and review your honor its displayed quotations (See Rule comments more efficiently, please use 8.15A(b)(ii)); perform these obligations rule change pursuant to Section 19(b)(3)(A)(iii) of the Act 7 and Rule only one method. The Commission will for a period of one expiration cycle (See post all comments on the Commission’s Rule 8.15A(b)(iii)); respond to open 19b–4(f)(6) thereunder.8 Because the proposed rule change does not: (i) Internet Web site (http://www.sec.gov/ outcry requests for quotes by a floor rules/sro.shtml). Copies of the broker (See Rule 8.15A(b)(v)); and Significantly affect the protection of submission, all subsequent maintain information barriers that are investors or the public interest; (ii) amendments, all written statements reasonably designed to prevent the impose any significant burden on with respect to the proposed rule misuse of material, non-public competition; and (iii) become operative change that are filed with the information with any affiliates that prior to 30 days from the date on which Commission, and all written conduct a brokerage operation in classes it was filed, or such shorter time as the communications relating to the allocated to the On-Floor LMM or act as Commission may designate if consistent proposed rule change between the a specialist or Market-Maker in any with the protection of investors and the Commission and any person, other than security underlying options allocated to public interest, the proposed rule those that may be withheld from the the LMM, and otherwise comply with change has become effective pursuant to public in accordance with the the requirements of Rule 4.18 regarding Section 19(b)(3)(A) of the Act 9 and Rule provisions of 5 U.S.C. 552, will be the misuse of material, non-public 19b–4(f)(6)(iii) thereunder.10 available for inspection and copying in information (See Rule 8.15A(b)(vii)). At any time within 60 days of the filing of the proposed rule change, the the Commission’s Public Reference 2. Statutory Basis Commission may summarily abrogate Room, 100 F Street, NE., Washington, The Exchange believes the proposed such rule change if it appears to the DC 20549, on official business days rule change is consistent with the Commission that such action is between the hours of 10 a.m. and 3 p.m. Securities Exchange Act of 1934 (the necessary or appropriate in the public Copies of the filing also will be available ‘‘Act’’) and the rules and regulations for inspection and copying at the under the Act applicable to a national 6 15 U.S.C. 78f(b)(5). principal office of the self-regulatory 7 15 U.S.C. 78s(b)(3)(A)(iii). organization. All comments received 5 Rule 8.7(d) provides that Market-Makers have a 8 17 CFR 240.19b–4(f)(6). will be posted without change; the continuous open outcry quoting obligation. 9 15 U.S.C. 78s(b)(3)(A). Commission does not edit personal Specifically, it states ‘‘in response to any request for 10 17 CFR 240.19b–4(f)(6)(iii). In addition, Rule identifying information from quote by a floor broker, in-crowd Market-Makers 19b–4(f)(6)(iii) requires the Exchange to give the must provide a two-sided market complying with Commission written notice of the Exchange’s intent submissions. You should submit only the quote width requirements contained in Rule to file the proposed rule change along with a brief information that you wish to make 8.7(b)(iv) for a minimum number of contracts description and the text of the proposed rule available publicly. All submissions determined by the Exchange on a class by class change, at least five business days prior to the date should refer to File Number SR–CBOE– basis, which minimum shall be at least one contract of filing of the proposed rule change, or such and which minimum can vary for non-broker-dealer shorter time as designated by the Commission. The 2009–006 and should be submitted on orders and broker-dealer orders.’’ Exchange has satisfied the pre-filing requirement. or before March 17, 2009.

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For the Commission, by the Division of the purpose of and basis for the may impede the successful exercise of Trading and Markets, pursuant to delegated proposed rule change and discussed any NSCC’s rights and remedies, authority.11 comments it received on the proposed particularly in the event of the entity’s Florence E. Harmon, rule change. The text of these statements failure to settle; and (3) that financial Deputy Secretary. may be examined at the places specified information about the non-U.S. entity [FR Doc. E9–3861 Filed 2–23–09; 8:45 am] in Item IV below. NSCC has prepared made available to NSCC for monitoring BILLING CODE 8011–01–P summaries, set forth in sections A, B, purposes may be less adequate than and C below, of the most significant information about U.S.-based entities.5 aspects of such statements. In addition to executing the standard SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s NSCC membership agreement, COMMISSION Statement of the Purpose of, and Addendum O requires that the non-U.S. [Release No. 34–59413; File No. SR–NSCC– Statutory Basis for, the Proposed Rule entity enter into a series of undertakings 2009–01] Change and agreements that are designed to address jurisdictional concerns and to Self-Regulatory Organizations; Prior to this rule change, NSCC assure that NSCC is provided with National Securities Clearing permitted entities that are organized in audited financial information in a Corporation; Notice of Filing and a country other than the United States format that is acceptable to NSCC. The Immediate Effectiveness of Proposed and that are not otherwise subject to non-U.S. entity must also be subject to Rule Change To Amend Addendum O U.S. Federal or State regulation (‘‘non- regulation in its home country and be in To Allow Admission of Entities That U.S. entities’’) to become Direct Clearing good standing with its home country Are Organized in a Country Other Than Corporation Members only. The regulator. In order to address the risks the U.S. for Admission as Limited proposed rule change amends presented by acceptance of financial Members Addendum O to NSCC’s Rules and statements prepared in non-U.S. GAAP, Procedures by expanding the types of Addendum O provides for a higher February 18, 2009. membership categories available to non- capital requirement than that otherwise Pursuant to Section 19(b)(1) of the U.S. entities. Specifically, non-U.S. applicable for admission under NSCC Securities Exchange Act of 1934 entities will be able to apply to be rules. (‘‘Act’’),1 notice is hereby given that on Mutual Fund/Insurance Services NSCC believes that the proposed rule January 28, 2009, the National Members, Fund Members, and change is consistent with the Securities Clearing Corporation Insurance Carrier/Retirement Services requirements of Section 17A(b)(3)(F) of 4 (‘‘NSCC’’) filed with the Securities and Members. the Act 6 because the proposed policy NSCC believes that such change is Exchange Commission (‘‘Commission’’) does not unfairly discriminate against appropriate because the admission the proposed rule change as described non-U.S. entities seeking admission to process that is already in place is in Items I, II, and III below, which Items NSCC because it appropriately takes designed to mitigate the risks posed to have been prepared primarily by NSCC. into account the unique risks to the NSCC by admission of non-U.S. NSCC filed the proposed rule change clearing corporation raised by their members. For example, admission is pursuant to Section 19(b)(3)(A)(iii) of admission. the Act 2 and Rule 19b–4(f)(4) subject to an applicant’s demonstration thereunder 3 so that the proposal was that it meets reasonable standards of B. Self-Regulatory Organization’s effective upon filing with the financial responsibility, operational Statement on Burden on Competition Commission. The Commission is capability, and character, and each NSCC does not believe that the publishing this notice to solicit member must continue to be in a proposed rule change will have any comments on the proposed rule change position to demonstrate to NSCC that it impact, or impose any burden, on from interested persons. meets these standards as an ongoing competition. condition of membership. I. Self-Regulatory Organization’s Furthermore, Addendum O to NSCC’s C. Self-Regulatory Organization’s Statement of the Terms of Substance of rules establishes additional admissions Statement on Comments on the the Proposed Rule Change criteria applicable to non-U.S. entities Proposed Rule Change Received From The proposed rule change will permit that address the unique risks associated Members, Participants, or Others entities that are organized in a country with their admission, including: (1) NSCC has not solicited or received other than the United States and that are That the entity is not subject to U.S. written comments relating to the not otherwise subject to U.S. Federal or Federal or State regulation; (2) that the proposed rule change. NSCC will notify State regulation to be eligible to become operation of the laws of the entity’s the Commission of any written Mutual Fund/Insurance Services home country and time zone differences comments it receives. Members, Fund Members, and Insurance Carrier/Retirement Services 4 Rule 2 and Addendum B address admission of III. Date of Effectiveness of the Members. applicants as members of NSCC. Admission of an Proposed Rule Change and Timing for applicant whose use of NSCC services is limited to Commission Action II. Self-Regulatory Organization’s mutual fund services and/or insurance and retirement processing services is subject to the Statement of the Purpose of, and The foregoing rule change has become following provisions of Addendum B, depending on effective pursuant to Section Statutory Basis for, the Proposed Rule the particular capacity in which the applicant seeks Change to act: Section 2 of Addendum B (Mutual Fund/ Insurance Services Members); Section 3 of 5 Addendum O was adopted by NSCC pursuant In its filing with the Commission, Addendum B (Fund Members); Section 4 of to Securities Exchange Act Release No. 58344, (Aug. NSCC included statements concerning Addendum B (Insurance Carrier/Retirement 12, 2008), 73 FR 48413 (Aug. 19, 2008) [File No. Services Members). NSCC has not yet established SR–NSCC–2007–15]. Certain of the criteria set forth admission criteria applicable to non-U.S entities in Addendum O may be waived where 11 17 CFR 200.30–3(a)(12). that are insurance companies. NSCC will file a inappropriate to a particular applicant or class of 1 15 U.S.C. 78s(b)(1). proposed rule change extending Addendum O to applicants (e.g., a foreign government, international 2 15 U.S.C. 78s(b)(3)(A)(iii). such non-U.S. applicants at such time as it has or national central securities depositories). 3 17 CFR 240.19b–4(f)(4). established applicable criteria. 6 15 U.S.C. 78q–1(b)(3)(F).

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19(b)(3)(A)(iii) of the Act 7 and Rule available for inspection and copying in services of governmental nature may file 19b–4(f)(4) 8 thereunder because it the Commission’s Public Reference disaster loan applications at the address effects a change in an existing service of Room, 100 F Street, NE., Washington, listed above or other locally announced a registered clearing agency that does DC 20549, on official business days locations. not adversely affect the safeguarding of between the hours of 10 a.m. to 3 p.m. The following areas have been securities and funds in the custody or Copies of such filing also will be determined to be adversely affected by control of the clearing agency or for available for inspection and copying at the disaster: which it is responsible and does not NSCC’s principal office and on NSCC’s Primary Counties: Bollinger, Butler, significantly affect the respective rights Web site at http://www.nscc.com/legal/ Cape Girardeau, Carter, Dunklin, or obligations of the clearing agency or index.html. All comments received will Howell, Madison, Mississippi, New persons using the service. At any time be posted without change; the Madrid, Oregon, Ozark, Pemiscot, within 60 days of the filing of the Commission does not edit personal Reynolds, Ripley, Scott, Shannon, proposed rule change, the Commission identifying information from Stoddard, Stone, Taney, Wayne. may summarily abrogate such rule submissions. You should submit only The Interest Rates are: change if it appears to the Commission information that you wish to make that such action is necessary or available publicly. All submissions Percent appropriate in the public interest, for should refer to File No. NSCC–2009–01 the protection of investors, or otherwise and should be submitted on or before Other (Including Non-Profit Orga- in furtherance of the purposes of the nizations) With Credit Available March 17, 2009. Elsewhere ...... 4.500. Act. For the Commission by the Division of Businesses and Non-Profit Orga- IV. Solicitation of Comments Trading and Markets, pursuant to delegated nizations Without Credit Avail- authority.9 able Elsewhere ...... 4.000. Interested persons are invited to Florence E. Harmon, submit written data, views, and The number assigned to this disaster arguments concerning the foregoing, Deputy Secretary. [FR Doc. E9–3860 Filed 2–23–09; 8:45 am] for physical damage is 11663B and for including whether the proposed rule economic injury is 11664B. change is consistent with the Act. BILLING CODE 8011–01–P Comments may be submitted by any of (Catalog of Federal Domestic Assistance the following methods: Numbers 59002 and 59008) SMALL BUSINESS ADMINISTRATION Electronic Comments Herbert L. Mitchell, • [Disaster Declaration #11663 and #11664] Associate Administrator for Disaster Use the Commission’s Internet Assistance. comment form (http://www.sec.gov/ Missouri Disaster #MO–00036 [FR Doc. E9–3886 Filed 2–23–09; 8:45 am] rules/sro.shtml) or BILLING CODE 8025–01–P • Send an e-mail to rule- AGENCY: U.S. Small Business [email protected]. Please include File Administration. No. SR–NSCC–2009–01 on the subject ACTION: Notice. SMALL BUSINESS ADMINISTRATION line. SUMMARY: This is a Notice of the [Disaster Declaration #11665 and #11666] Paper Comments Presidential declaration of a major • Send paper comments in triplicate disaster for Public Assistance Only for Oklahoma Disaster #OK–00029 to Elizabeth M. Murphy, Secretary, the State of Missouri (FEMA–1822–DR), Securities and Exchange Commission, AGENCY: U.S. Small Business dated 02/17/2009. Administration. 100 F Street, NE., Washington, DC Incident: Severe Winter Storms ACTION: 20549–1090. Incident Period: 01/26/2009 through Notice. All submissions should refer to File No. 01/28/2009 SUMMARY: This is a Notice of the SR–NSCC–2009–01. This file number EFFECTIVE DATE: 02/17/2009. Presidential declaration of a major should be included on the subject line Physical Loan Application Deadline disaster for Public Assistance Only for if e-mail is used. To help the Date: 04/20/2009. the State of Oklahoma (FEMA–1823– Commission process and review your Economic Injury (EIDL) Loan DR), dated 02/17/2009. comments more efficiently, please use Application Deadline Date: 11/17/2009. Incident: Severe Winter Storm. only one method. The Commission will ADDRESSES: Submit completed loan Incident Period: 01/26/2009 through post all comments on the Commission’s applications to: U.S. Small Business 01/28/2009. Internet Web site (http://www.sec.gov/ Administration, Processing and Effective Date: 02/17/2009. rules/sro.shtml). Copies of the Disbursement Center, 14925 Kingsport Physical Loan Application Deadline submission, all subsequent Road, Fort Worth, TX 76155. Date: 04/20/2009. amendments, all written statements FOR FURTHER INFORMATION CONTACT: A. Economic Injury (EIDL) Loan with respect to the proposed rule Application Deadline Date: 11/17/2009. change that are filed with the Escobar, Office of Disaster Assistance, Commission, and all written U.S. Small Business Administration, ADDRESSES: Submit completed loan communications relating to the 409 3rd Street, SW, Suite 6050, applications to: U.S. Small Business proposed rule change between the Washington, DC 20416 Administration, Processing and Commission and any person, other than SUPPLEMENTARY INFORMATION: Notice is Disbursement Center, 14925 Kingsport those that may be withheld from the hereby given that as a result of the Road, Fort Worth, TX 76155. public in accordance with the President’s major disaster declaration on FOR FURTHER INFORMATION CONTACT: A. provisions of 5 U.S.C. 552, will be 02/17/2009, Private Non-Profit Escobar, Office of Disaster Assistance, organizations that provide essential U.S. Small Business Administration, 7 15 U.S.C. 78s(b)(3)(A)(iii). 409 3rd Street, SW., Suite 6050, 8 17 CFR 240.19b–4(f)(4). 9 17 CFR 200.30–3(a)(12). Washington, DC 20416.

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SUPPLEMENTARY INFORMATION: Notice is SUPPLEMENTARY INFORMATION: Notice is From: Deputy Associate Administrator for hereby given that as a result of the hereby given that as a result of the Investment. President’s major disaster declaration on President’s major disaster declaration on Subject: Publication of License Surrender. 02/17/2009, Private Non-Profit 02/17/2009, Private Non-Profit Milepost Investment, L.P., License # 09/79– 0417. organizations that provide essential organizations that provide essential Enclosed are the original, five hard copies, services of governmental nature may file services of governmental nature may file and a computer disk copy of the Notice of disaster loan applications at the address disaster loan applications at the address License Surrender of a Small Business listed above or other locally announced listed above or other locally announced Investment Company License. I certify that locations. locations. the hard copy and the disk copy match. The following areas have been The following areas have been Please have the attached Notice of determined to be adversely affected by determined to be adversely affected by Surrender of a Small Business Investment the disaster: the disaster: Company License published in the Federal Primary Counties: Adair, Cherokee, Primary Counties: Dyer, Henry, Lake, Register and return one copy for our office records. Delaware, Hughes. Montgomery, Obion, Stewart, Weakley. If you have any questions about this The Interest Rates are: The Interest Rates are: Federal Register Notice request, please contact Terry George 202–619–0504. Percent Percent Thank you in advance for your cooperation. Other (Including Non-Profit Orga- Other (Including Non-Profit Orga- Harry E. Haskins, nizations) With Credit Available nizations) with Credit Available Deputy Associate Administrator for Elsewhere ...... 4.500 Elsewhere ...... 4.500. Investment. Businesses and Non-Profit Orga- Businesses and Non-Profit Orga- nizations Without Credit Avail- nizations without Credit Avail- Attachment: 5 copies and 1 disk. able Elsewhere ...... 4.000 able Elsewhere ...... 4.000. lllllllllllllllllllll Legal The number assigned to this disaster The number assigned to this disaster lllllllllllllllllllll for physical damage is 11665B and for for physical damage is 11661B and for Date economic injury is 11666B. economic injury is 11662B. [FR Doc. E9–3881 Filed 2–23–09; 8:45 am] (Catalog of Federal Domestic Assistance BILLING CODE 8025–01–P (Catalog of Federal Domestic Assistance Numbers 59002 and 59008) Numbers 59002 and 59008) Herbert L. Mitchell, Herbert L. Mitchell, SMALL BUSINESS ADMINISTRATION Associate Administrator for Disaster Associate Administrator for Disaster Assistance. Assistance. Revocation of License of Small [FR Doc. E9–3884 Filed 2–23–09; 8:45 am] [FR Doc. E9–3885 Filed 2–23–09; 8:45 am] Business Investment Company BILLING CODE 8025–01–P BILLING CODE 8025–01–P Pursuant to the authority granted to the United States Small Business SMALL BUSINESS ADMINISTRATION Administration by the Final Order of the SMALL BUSINESS ADMINISTRATION United States District Court of the [Disaster Declaration #11661 and #11662] Revocation of License of Small Southern District of New York, dated Tennessee Disaster #TN–00025 Business Investment Company August 19, 2008, the United States Small Business Administration hereby AGENCY: U.S. Small Business Pursuant to the authority granted to revokes the license of Winfield Capital Administration. the United States Small Business Corp., a New York Corporation, to ACTION: Notice. Administration by the Final Order of the function as a small business investment United States District Court for the company under the Small Business SUMMARY: This is a Notice of the Northern District of California, San Jose Investment Company License No. 02/ Presidential declaration of a major Division, dated March 3, 2008, the 02–0292 issues to Winfield Capital disaster for Public Assistance Only for United States Small Business Corp. on April 19, 1972 and said license the State of Tennessee (FEMA–1821– Administration hereby revokes the is hereby declared null and void as of DR), dated 02/17/2009. license of Milepost Ventures, L.P., a August 19, 2008. Incident: Severe Winter Storms and Delaware limited partnership, to United States Small Business Administration Flooding. function as a small business investment Incident Period: 01/27/2009 through Dated: February 12, 2009. company under the Small Business 01/31/2009. Harry E. Haskins, Investment Company License No. 09/ DATES: Effective Date: 02/17/2009. 79–0417 issued to Milepost Ventures, Deputy Associate Administrator for Physical Loan Application Deadline Investment. L.P. on December 4, 1989 and said Date: 04/20/2009. MEMORANDUM Economic Injury (EIDL) Loan license is hereby declared null and void Application Deadline Date: 11/17/2009. as of March 3, 2008. Date: February 2, 2009. To: Jacqueline K. White, Chief, United States Small Business ADDRESSES: Submit completed loan Administration Information Branch. Administration. applications to: U.S. Small Business From: Deputy Associate Administrator for Administration, Processing and Dated: February 12, 2009. Investment. Disbursement Center, 14925 Kingsport Harry E. Haskins, Subject: Publication of License Road, Fort Worth, TX 76155. Deputy Associate Administrator for Surrender.Winfield Capital Corp. License #02/02–0292 FOR FURTHER INFORMATION CONTACT: A. Investment. Enclosed are the original, five hard copies, Escobar, Office of Disaster Assistance, Memorandum and a computer disk copy of the Notice of U.S. Small Business Administration, Date: February 2, 2009. License Surrender of a Small Business 409 3rd Street, SW., Suite 6050, To: Jacqueline K. White, Chief, Investment Company License. I certify that Washington, DC 20416. Administration Information Branch. the hard copy and the disk copy match.

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Please have the attached Notice of Department of State Desk Officer in the e-mail), or may require a paper Surrender of a Small Business Investment Office of Information and Regulatory submission, depending upon Company License published in the Federal Affairs at the Office of Management and complexity. After contract award, Register and return one copy for our office Budget (OMB), who may be reached at contractors are required to submit records. If you have any questions about this 202–395–4718. You may submit information, on an as-needed basis, and Federal Register Notice request, please comments by any of the following relate to the occurrence of specific contact Terry George at 202–619–0504. methods: circumstances. Thank you in advance for your • E-mail: _ _ Dated: February 12, 2009. cooperation. Katherine T. [email protected]. Corey M. Rindner, lllllllllllllllllllll You must include the DS form number, Harry E. Haskins, Procurement Executive, Bureau of information collection title, and OMB Administration, Department of State. Deputy Associate Administrator for control number in the subject line of [FR Doc. E9–3807 Filed 2–23–09; 8:45 am] Investment. your message. Attachment: 5 copies and 1 disk. • Mail (paper, disk, or CD–ROM BILLING CODE 4710–24–P lllllllllllllllllllll submissions): Office of Information and Legal Regulatory Affairs, Office of lllllllllllllllllllll Management and Budget, 725 17th DEPARTMENT OF TRANSPORTATION Date Street, NW., Washington, DC 20503. Federal Aviation Administration [FR Doc. E9–3882 Filed 2–23–09; 8:45 am] • Fax: 202–395–6974. BILLING CODE 8025–01–P FOR FURTHER INFORMATION CONTACT: You [Summary Notice No. PE–2009–08] may obtain copies of the proposed information collection and supporting Petitions for Exemption; Summary of DEPARTMENT OF STATE documents from Barbara Latvanas, Petitions Received [Public Notice: 6531] Procurement Analyst, Office of the AGENCY: Federal Aviation Procurement Executive, Department of Administration (FAA), DOT. 30-Day Notice of Proposed Information State, Washington, DC 20522, who may ACTION: Notice of petitions for Collection: Department of State be reached on 703–516–1755 or at exemption received. Acquisition Regulation (DOSAR), OMB [email protected]. SUMMARY: Control Number 1405–0050 SUPPLEMENTARY INFORMATION: We are This notice contains a soliciting public comments to permit summary of certain petitions seeking ACTION: Notice of request for public the Department to: relief from specified requirements of 14 comment and submission to OMB of • Evaluate whether the proposed CFR. The purpose of this notice is to proposed collection of information. information collection is necessary to improve the public’s awareness of, and participation in, this aspect of FAA’s SUMMARY: properly perform our functions. The Department of State has • regulatory activities. Neither publication submitted the following information Evaluate the accuracy of our estimate of the burden of the proposed of this notice nor the inclusion or collection request to the Office of omission of information in the summary Management and Budget (OMB) for collection, including the validity of the methodology and assumptions used. is intended to affect the legal status of approval in accordance with the • any petition or its final disposition. Paperwork Reduction Act of 1995. Enhance the quality, utility, and DATE: Comments on petitions received • Title of Information Collection: clarity of the information to be must identify the petition docket Department of State Acquisition collected. • number involved and must be received Regulation (DOSAR). Minimize the reporting burden on on or before March 16, 2009. • OMB Control Number: 1405–0050. those who are to respond, including the • Type of Request: Extension of a use of automated collection techniques ADDRESSES: You may send comments Currently Approved Collection. or other forms of technology. identified by Docket Number FAA– 2008–1260 using any of the following • Originating Office: Bureau of Abstract of Proposed Collection Administration, Office of the methods: This information collection covers • Procurement Executive (A/OPE). Government-Wide Rulemaking Web pre-award and post-award requirements • Form Number: N/A. Site: Go to http://www.regulations.gov of the DOSAR. During the pre-award • Respondents: Any business, other and follow the instructions for sending phase, information is collected to for-profit, individual, not-for-profit, or your comments electronically. determine which bids or proposals offer • Mail: Send comments to the Docket household organization wishing to the best value to the U.S. Government. Management Facility; U.S. Department receive Department of State contracts. Post-award actions include monitoring of Transportation, 1200 New Jersey • Estimated Number of Respondents: the contractor’s performance; issuing Avenue, SE., West Building Ground 3,166. modifications to contracts; dealing with Floor, Room W12–140, Washington, DC • Estimated Number of Responses: unsatisfactory performance; issuing 20590. 3,166. payments to the contractor; and closing • Fax: Fax comments to the Docket • Average Hours per Response: out the contract upon its completion. Management Facility at 202–493–2251. Varies. • • Hand Delivery: Bring comments to Total Estimated Burden: 275,970. Methodology the Docket Management Facility in • Frequency: On occasion. • Information is collected from Room W12–140 of the West Building Obligation to Respond: Voluntary. prospective offerors to evaluate their Ground Floor at 1200 New Jersey DATE(S): Submit comments to the Office proposals. The responses provided by Avenue, SE., Washington, DC, between of Management and Budget (OMB) for the public are part of the offeror’s 9 a.m. and 5 p.m., Monday through up to 30 days from February 24, 2009. proposals in response to Department Friday, except Federal holidays. ADDRESSES: Direct comments and solicitations. This information may be • Docket: To read background questions to Katherine Astrich, the submitted electronically (through fax or documents or comments received, go to

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http://www.regulations.gov at any time DEPARTMENT OF TRANSPORTATION comment. Please see the Privacy Act or to the Docket Management Facility in heading below. Room W12–140 of the West Building Federal Motor Carrier Safety Docket: For access to the docket to Ground Floor at 1200 New Jersey Administration read background documents or Avenue, SE., Washington, DC, between [Docket No. FMCSA–1998–4334; FMCSA– comments, go to http:// 9 a.m. and 5 p.m., Monday through 2000–7363; FMCSA–2000–7918; FMCSA– www.regulations.gov at any time or Friday, except Federal holidays. 2000–8398; FMCSA–2002–12844; FMCSA– Room W12–140 on the ground level of 2002–13411; FMCSA–2004–19477; FMCSA– the West Building, 1200 New Jersey SUPPLEMENTARY INFORMATION: We will 2006–25246; FMCSA–2006–26066] Avenue, SE., Washington, DC, between post all comments we receive, without 9 a.m. and 5 p.m., Monday through change, to http://www.regulations.gov, Qualification of Drivers; Exemption Friday, except Federal holidays. The including any personal information you Applications; Vision FDMS is available 24 hours each day, provide. Using the search function of AGENCY: Federal Motor Carrier Safety 365 days each year. If you want our docket web site, anyone can find Administration (FMCSA), DOT. acknowledgment that we received your comments, please include a self- and read the comments received into ACTION: Notice of renewal of any of our dockets, including the name exemptions; request for comments. addressed, stamped envelope or of the individual sending the comment postcard or print the acknowledgement (or signing the comment for an SUMMARY: FMCSA announces its page that appears after submitting association, business, labor union, etc.). decision to renew the exemptions from comments on-line. You may review DOT’s complete the vision requirement in the Federal Privacy Act: Anyone may search the Privacy Act Statement in the Federal Motor Carrier Safety Regulations for 23 electronic form of all comments Register published on April 11, 2000 individuals. FMCSA has statutory received into any of our dockets by the (65 FR 19477–78). authority to exempt individuals from name of the individual submitting the the vision requirement if the comment (or of the person signing the Background exemptions granted will not comment, if submitted on behalf of an compromise safety. The Agency has association, business, labor union, etc.). On February 11, 2009 (74 FR 6945), concluded that granting these You may review the DOT’s complete the FAA published a petition for exemption renewals will provide a level Privacy Act Statement in the Federal exemption from the Aeronautical Repair of safety that is equivalent to, or greater Register published on April 11, 2000 Station Association. However, the than, the level of safety maintained (65 FR 19476). This information is also description of relief sought was without the exemptions for these available at http:// inaccurate. This notice clarifies the commercial motor vehicle (CMV) www.DocketInfo.dot.gov. petitioner’s request. drivers. FOR FURTHER INFORMATION CONTACT: Dr. The Correction DATES: This decision is effective March Mary D. Gunnels, Director, Medical 23, 2009. Comments must be received Programs, (202) 366–4001, In the issue of February 11, 2009, on on or before March 26, 2009. [email protected], FMCSA, page 6945, in the third column, in the ADDRESSES: You may submit comments Department of Transportation, 1200 Description of Relief Sought section, the bearing the Federal Docket Management New Jersey Avenue, SE., Room W64– summary should read ‘‘On behalf of its System (FDMS) Docket ID FMCSA– 224, Washington, DC 20590–0001. members, the Aeronautical Repair 1998–4334; FMCSA–2000–7363; Office hours are from 8:30 a.m. to 5 p.m. Station Association (ARSA) seeks an FMCSA–2000–7918; FMCSA–2000– Monday through Friday, except Federal exemption from part 121, appendices I 8398; FMCSA–2002–12844; FMCSA– holidays. and J. Specifically, ARSA seeks an 2002–13411; FMCSA–2004–19477; SUPPLEMENTARY INFORMATION: exemption for any person(s) using FMCSA–2006–25246; FMCSA–2006– Background LONG–LOK Fasteners Corporation to 26066, using any of the following accomplish Airworthiness Directive methods. Under 49 U.S.C. 31136(e) and 31315, (AD) 93–05–16, any entities called to • Federal eRulemaking Portal: Go to FMCSA may renew an exemption from perform required work in an AD http://www.regulations.gov. Follow the the vision requirements in 49 CFR without an existing FAA/DOT drug and on-line instructions for submitting 391.41(b)(10), which applies to drivers comments. of CMVs in interstate commerce, for a alcohol program and any person(s) • performing alterations for a covered Mail: Docket Management Facility; two-year period if it finds ‘‘such exemption would likely achieve a level employer.’’ U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West Building of safety that is equivalent to, or greater FOR FURTHER INFORMATION CONTACT: Ground Floor, Room W12–140, than, the level that would be achieved Tyneka Thomas (202) 267–7626 or Washington, DC 20590–0001. absent such exemption.’’ The • Laverne Brunache (202) 267–3133, Hand Delivery or Courier: West procedures for requesting an exemption Office of Rulemaking, Federal Aviation Building Ground Floor, Room W12–140, (including renewals) are set out in 49 Administration, 800 Independence 1200 New Jersey Avenue, SE., CFR part 381. Washington, DC, between 9 a.m. and 5 Avenue, SW., Washington, DC 20591. Exemption Decision p.m., Monday through Friday, except This notice is published pursuant to Federal Holidays. This notice addresses 23 individuals 14 CFR 11.85. • Fax: 1–202–493–2251. who have requested a renewal of their Each submission must include the exemption in accordance with FMCSA Pamela Hamilton-Powell, Agency name and the docket number for procedures. FMCSA has evaluated these Director, Office of Rulemaking. this Notice. Note that DOT posts all 23 applications for renewal on their [FR Doc. E9–3895 Filed 2–23–09; 8:45 am] comments received without change to merits and decided to extend each BILLING CODE 4910–13–P http://www.regulations.gov, including exemption for a renewable two-year any personal information included in a period. They are:

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David W. Ball, Mark L. Braun, Richard showing that the vision in the better eye take immediate steps to revoke the A. Brown, Jr., Willie Burnett, Jr., continues to meet the standard specified exemption of a driver. Donald K. Driscoll, Elias Gomez, Jr., at 49 CFR 391.41(b)(10) and that the Issued on: February 11, 2009. Richard G. Gruber, Richard T. vision impairment is stable. In addition, Larry W. Minor, Hatchel, William G. Holland, Bruce G. a review of each record of safety while Associate Administrator for Policy and Horner, Leon E. Jackson, Gerald D. driving with the respective vision Program Development. Larson, Thomas F. Marczewski, Roy deficiencies over the past two years [FR Doc. E9–3903 Filed 2–23–09; 8:45 am] E. Mathews, James T. McGraw, Jr., indicates each applicant continues to Carl A. Michel, Sr., Robert A. Moss, meet the vision exemption standards. BILLING CODE 4910–EX–P Harry M. Oxendine, Bobby G. Pool, These factors provide an adequate basis Sr., Herbert W. Smith, Ronald Watt, for predicting each driver’s ability to DEPARTMENT OF TRANSPORTATION Harry C. Weber, Yu Weng. continue to drive safely in interstate These exemptions are extended commerce. Therefore, FMCSA Federal Railroad Administration concludes that extending the exemption subject to the following conditions: (1) [Docket No. FRA–2009–0001–N–4] That each individual have a physical for each renewal applicant for a period examination every year (a) by an of two years is likely to achieve a level Information Collection Requirement ophthalmologist or optometrist who of safety equal to that existing without (ICR) attests that the vision in the better eye the exemption. AGENCY: Federal Railroad continues to meet the standard in 49 Request for Comments CFR 391.41(b)(10), and (b) by a medical Administration, DOT. examiner who attests that the individual FMCSA will review comments ACTION: Notice and request for is otherwise physically qualified under received at any time concerning a comments. 49 CFR 391.41; (2) that each individual particular driver’s safety record and SUMMARY: In compliance with the provide a copy of the ophthalmologist’s determine if the continuation of the Paperwork Reduction Act of 1995 (44 or optometrist’s report to the medical exemption is consistent with the U.S.C. 3501 et seq.), this notice examiner at the time of the annual requirements at 49 U.S.C. 31136(e) and announces that the Information medical examination; and (3) that each 31315. However, FMCSA requests that Collection Requirement (ICR) abstracted individual provide a copy of the annual interested parties with specific data below has been forwarded to the Office medical certification to the employer for concerning the safety records of these of Management and Budget (OMB) for retention in the driver’s qualification drivers submit comments by March 26, review and comment. The ICR describes file and retain a copy of the certification 2009. the nature of the information collection on his/her person while driving for FMCSA believes that the and its expected burden. The Federal presentation to a duly authorized requirements for a renewal of an Register notice with a 60-day comment Federal, State, or local enforcement exemption under 49 U.S.C. 31136(e) and period soliciting comments on the official. Each exemption will be valid 31315 can be satisfied by initially following collection of information was for two years unless rescinded earlier by granting the renewal and then published on December 16, 2008 (73 FR FMCSA. The exemption will be requesting and evaluating, if needed, 76442). rescinded if: (1) The person fails to subsequent comments submitted by comply with the terms and conditions interested parties. As indicated above, DATES: Comments must be submitted on of the exemption; (2) the exemption has the Agency previously published or before March 26, 2009. resulted in a lower level of safety than notices of final disposition announcing FOR FURTHER INFORMATION CONTACT: Mr. was maintained before it was granted; or its decision to exempt these 23 Robert Brogan, Office of Safety, (3) continuation of the exemption would individuals from the vision requirement Planning and Evaluation Division, RRS– not be consistent with the goals and in 49 CFR 391.41(b)(10). The final 21, Federal Railroad Administration, objectives of 49 U.S.C. 31136(e) and decision to grant an exemption to each 1200 New Jersey Ave., SE., 3rd Floor, 31315. of these individuals was based on the Mail Stop 25, Washington, DC 20590 merits of each case and only after (telephone: (202) 493–6292), or Ms. Basis for Renewing Exemptions careful consideration of the comments Nakia Jackson, Office of Information Under 49 U.S.C. 31315(b)(1), an received to its notices of applications. Technology, RAD–20, Federal Railroad exemption may be granted for no longer The notices of applications stated in Administration, 1200 New Jersey Ave., than two years from its approval date detail the qualifications, experience, SE., 3rd Floor, Mail Stop 35, and may be renewed upon application and medical condition of each applicant Washington, DC 20590 (telephone: (202) for additional two year periods. In for an exemption from the vision 493–6073). (These telephone numbers accordance with 49 U.S.C. 31136(e) and requirements. That information is are not toll-free.) 31315, each of the 23 applicants has available by consulting the above cited SUPPLEMENTARY INFORMATION: The satisfied the entry conditions for Federal Register publications. Paperwork Reduction Act of 1995 obtaining an exemption from the vision Interested parties or organizations (PRA), Public Law 104–13, Section 2, requirements (63 FR 66226; 64 FR possessing information that would 109 Stat. 163 (1995) (codified as revised 16517; 65 FR 66286; 66 FR 13825; 68 FR otherwise show that any, or all of these at 44 U.S.C. 3501–3520), and its 13360; 70 FR 12265; 72 FR 11426; 65 FR drivers, are not currently achieving the implementing regulations, 5 CFR Part 78256; 66 FR 16311; 67 FR 68719; 68 FR statutory level of safety should 1320, require Federal agencies to issue 2629; 69 FR 71100; 72 FR 1053; 70 FR immediately notify FMCSA. The two notices seeking public comment on 7545; 67 FR 76439; 68 FR 10298; 72 FR Agency will evaluate any adverse information collection activities before 7812; 69 FR 64806; 70 FR 2705; 72 FR evidence submitted and, if safety is OMB may approve paperwork packages. 1056; 72 FR 180; 72 FR 9397; 71 FR being compromised or if continuation of 44 U.S.C. 3506, 3507; 5 CFR 1320.5, 63379; 72 FR 1050). Each of these 23 the exemption would not be consistent 1320.8(d)(1), 1320.12. On December 16, applicants has requested renewal of the with the goals and objectives of 49 2008, FRA published a 60-day notice in exemption and has submitted evidence U.S.C. 31136(e) and 31315, FMCSA will the Federal Register soliciting comment

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on this ICR that the agency was seeking regarding particular concepts in one or Comments are Invited on the OMB approval. 73 FR 76442. FRA more corridors. Section 502 prescribes Following: Whether the proposed received no comments after issuing this that Expressions of Interest received collection of information is necessary notice. Accordingly, DOT announces will be considered by FRA and possibly for the proper performance of the that these information collection by commissions, representing affected functions of the Department, including activities have been evaluated and and involved governors, mayors, freight whether the information will have certified under 5 CFR 1320.5(a) and railroads, transit authorities, labor practical utility; the accuracy of the forwarded to OMB for review and organizations, and Amtrak. The results Department’s estimate of the burden of approval pursuant to 5 CFR 1320.10(a). of these reviews will be summarized in the proposed information collection; Before OMB decides whether to one or more reports to Congress, which ways to enhance the quality, utility, and approve these proposed collections of will make recommendations for further clarity of the information to be information, it must provide 30 days for action regarding no more than one collected; and ways to minimize the public comment. 44 U.S.C. 3507(b); 5 project concept for each corridor. FRA burden of the collection of information CFR 1320.12(d). Federal law requires envisions this as the first phase of a on respondents, including the use of OMB to approve or disapprove qualification process that Congress may automated collection techniques or paperwork packages between 30 and 60 follow with more specific actions other forms of information technology. days after the 30-day notice is regarding particular concepts in one or A comment to OMB is best assured of published. 44 U.S.C. 3507(b)–(c); 5 CFR more corridors. having its full effect if OMB receives it 1320.12(d); see also 60 FR 44978, 44983, Although authorized, no funds have within 30 days of publication of this Aug. 29, 1995. OMB believes that the been appropriated to support notice in the Federal Register. 30-day notice informs the regulated implementation of HSR under this Authority: 44 U.S.C. §§ 3501–3520. community to file relevant comments program, and the availability of such and affords the agency adequate time to Issued in Washington, DC, on February 18, funds in the future is not known. 2009. digest public comments before it Respondents to FRA’s request in the Kimberly Orben, renders a decision. 60 FR 44983, Aug. December 16, 2008, Federal Register (73 29, 1995. Therefore, respondents should FR 76443) acknowledge, by virtue of Director, Office of Financial Management, Federal Railroad Administration. submit their respective comments to their response, that the likelihood of OMB within 30 days of publication to future funding and implementation of [FR Doc. E9–3901 Filed 2–23–09; 8:45 am] best ensure having their full effect. 5 the projects covered by that notice is BILLING CODE 4910–06–P CFR 1320.12(c); see also 60 FR 44983, unknown, and that the Federal Aug. 29, 1995. Government will not be liable for any The summary below describes the costs incurred in the preparation of DEPARTMENT OF THE TREASURY nature of the information collection responses to this notice. requirement (ICR) and the expected Submission for OMB Review; The information collected will be burden. The revised requirement is Comment Request used by the Federal Railroad being submitted for clearance by OMB Administration (FRA), commissions to as required by the PRA. February 18, 2009 Title: Notice Requesting Expressions be formed in accordance with Section The Department of Treasury will of Interest in Implementing a High- 502, and Congress. The collection of submit the following public information Speed Inter-City Passenger Rail information—responses that describe collection requirement(s) to OMB for Corridor. high speed rail proposals—will be used review and clearance under the OMB Control Number: 2130—New. to inform the Department and Congress Paperwork Reduction Act of 1995, Type of Request: Regular approval of about the benefits to the public and the Public Law 104–13 on or after the date a new collection of information. national transportation system from of publication of this notice. Copies of Affected Public: 50 states, District of high speed rail proposals received. the submission(s) may be obtained by Columbia, Amtrak, eligible entities. Upon receipt of responses and after the calling the Treasury Bureau Clearance Abstract: Section 502 of the Passenger close of the Expression of Interest Officer listed. Comments regarding this Rail Investment and Improvement Act solicitation, FRA will evaluate them and information collection should be of 2008, Public Law 110–690 (October determine if each Expression of Interest addressed to the OMB reviewer listed 16, 2008), requires the Secretary of is complete and if there is evidence and to the Treasury Department Transportation to ‘‘issue a request for provided in the response that would Clearance Officer, Department of the proposals for projects for the financing, support conclusions, based on criteria Treasury, Room 11000, and 1750 design, construction, operation, and specified in Section 502. If FRA Pennsylvania Avenue, NW., maintenance of a high-speed intercity determines that one or more Washington, DC 20220. passenger rail system operating within’’ Expressions of Interest satisfy this DATES: Written comments should be either the Northeast Corridor or a screening evaluation, FRA would form a received on or before March 26, 2009 to Federally-designated high-speed rail commission for each relevant corridor to be assured of consideration. (HSR) corridor. To satisfy this review and consider the response(s). requirement, FRA is soliciting and Annual Estimated Burden Hours: Internal Revenue Service (IRS) encouraging the submission of 34,063 hours. OMB Number: 1545–XXXX. Expressions of Interest for potential Addressee: Send comments regarding Type of Review: New Collection. projects to finance, design, construct, this information collection to the Office Title: Form 13997, Validating Your operate, and maintain an improved HSR of Information and Regulatory Affairs, TIN and Reasonable Cause. intercity passenger system in the Office of Management and Budget, 725 Form: 13997. Northeast Corridor or in one of ten Seventeenth Street, NW., Washington, Description: Under the provisions of Federally-designated corridors. FRA DC 20503, Attention: FRA Desk Officer. Internal Revenue Code Section (IRC § ) envisions this as the first phase of a Comments may also be sent via e-mail 6039E, Information Concerning Resident qualification process that Congress may to OMB at the following address: Status, individuals are required to follow with more specific actions [email protected]. provide certain information (see IRC

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§ 6039E(b)) with their application for a Administration (193E1), Department of system policies make annual surveys U.S. passport or with their application Veterans Affairs, 810 Vermont Avenue, necessary to capture this critical for permanent U.S. residence. This form NW., Washington, DC 20420; or e-mail: information for input into VHA’s Health will be an attachment to Letter 4318 that [email protected]. Please refer to Care Services Demand Model. The is being drafted to inform the individual ‘‘OMB Control No. 2900–0609’’ in any survey will provide VA with current about the IRC provisions, the penalty, correspondence. During the comment information for sound decisions that and to request them to complete this period, comments may be viewed online affect the entire VA health care delivery form and return it to the IRS. through FDMS. system and the veterans it serves. VA Respondents: Individuals or FOR FURTHER INFORMATION CONTACT: Form 10–21034g will be used to provide Households. Mary Stout at (202) 461–5867 or FAX the survey data on morbidity and Estimated Total Burden Hours: 2,000 (202) 273–9381. reliance that is critical to obtaining hours. SUPPLEMENTARY INFORMATION: Under the accurate projections of VA’s ability to Clearance Officer: Glenn P. Kirkland, PRA of 1995 (Pub. L. 104–13; 44 U.S.C. service veterans who are seeking VA (202) 622–3428, Internal Revenue 3501–3521), Federal agencies must health care services. The projections Service, Room 6516, 1111 Constitution obtain approval from the Office of will also be used to support VA’s Avenue, NW., Washington, DC 20224. Management and Budget (OMB) for each Capital Asset Realignment for Enhanced OMB Reviewer: Shagufta Ahmed (202) collection of information they conduct Services initiative and will also serve as 395–7873, Office of Management and or sponsor. This request for comment is the basis for VA’s new emphasis on Budget, Room 10235, New Executive being made pursuant to Section population-based budget formulation, Office Building, Washington, DC 20503. 3506(c)(2)(A) of the PRA. policy scenario testing, and strategic planning. Robert Dahl, With respect to the following collection of information, VHA invites Affected Public: Individuals or Treasury PRA Clearance Officer. households, and Federal Government. [FR Doc. E9–3900 Filed 2–23–09; 8:45 am] comments on: (1) Whether the proposed collection of information is necessary Estimated Annual Burden: 10,900 BILLING CODE 4830–01–P for the proper performance of VHA’s hours. Estimated Average Burden per functions, including whether the Respondent: 15 minutes. information will have practical utility; Frequency of Response: Annually. DEPARTMENT OF VETERANS (2) the accuracy of VHA’s estimate of AFFAIRS Estimated Number of Respondents: the burden of the proposed collection of 42,200. [OMB Control No. 2900–0609] information; (3) ways to enhance the quality, utility, and clarity of the Dated: February 17, 2009. Proposed Information Collection information to be collected; and (4) By direction of the Secretary. (Survey of Veteran Enrollees’ Health ways to minimize the burden of the Denise McLamb, and Reliance Upon VA) Activity: collection of information on Program Analyst, Enterprise Records Service. Comment Request respondents, including through the use [FR Doc. E9–3867 Filed 2–23–09; 8:45 am] of automated collection techniques or AGENCY: BILLING CODE 8320–01–P Veterans Health the use of other forms of information Administration, Department of Veterans technology. Affairs. Title: Survey of Veteran Enrollees’ DEPARTMENT OF VETERANS ACTION: Notice. Health and Reliance Upon VA, VA Form AFFAIRS 10–21034g. SUMMARY: The Veterans Health [OMB Control No. 2900–0128] OMB Control Number: 2900–0609. Administration (VHA), Department of Type of Review: Extension of a Agency Information Collection (Notice Veterans Affairs (VA), is announcing an currently approved collection. opportunity for public comment on the of Lapse—Government Life Insurance) Abstract: Public Law 104–262, The Activities Under OMB Review proposed collection of certain Veterans Health Care Eligibility Reform information by the agency. Under the Act of 1996, requires VA implement a AGENCY: Veterans Benefits Paperwork Reduction Act (PRA) of priority-based enrollment system. VA Administration, Department of Veterans 1995, Federal agencies are required to must enroll veterans by specified Affairs. publish notice in the Federal Register priorities as far down the priorities as ACTION: Notice. concerning each proposed collection of the available resources permit. The information, including each proposed number of priority levels to which VHA SUMMARY: In compliance with the extension of a currently approved will be able to deliver care will be a Paperwork Reduction Act (PRA) of 1995 collection, and allow 60 days for public function of annual funding levels and (44 U.S.C. 3501–3521), this notice comment in response to this notice. utilization of health care services by announces that the Veterans Benefits This notice solicits comments for enrollees. Additionally, eligibility Administration (VBA), Department of information needed to survey veteran reform has brought about the ever- Veterans Affairs, will submit the enrollees’ health status and reliance on increasing need for VA to plan and collection of information abstracted VA’s health care services. budget for the evolving clinical care below to the Office of Management and DATES: Written comments and needs of its extremely dynamic enrollee Budget (OMB) for review and comment. recommendations on the proposed population at risk of need or use of VA The PRA submission describes the collection of information should be care. nature of the information collection and received on or before April 27, 2009. There is no valid, recent information its expected cost and burden; it includes ADDRESSES: Submit written comments available in administrative databases on the actual data collection instrument. on the collection of information through all enrollees’ health status, income, and DATES: Comments must be submitted on Federal Docket Management System their reliance upon the VA system. The or before March 26, 2009. (FDMS) at http://www.Regulations.gov; magnitude of changes each year in ADDRESSES: Submit written comments or to Mary Stout, Veterans Health enrollees, their characteristics, and on the collection of information through

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www.Regulations.gov; or to VA’s OMB DEPARTMENT OF VETERANS Affected Public: Not-for-profit Desk Officer, OMB Human Resources AFFAIRS institutions. and Housing Branch, New Executive Estimated Annual Burden: [OMB Control No. 2900–0073] Office Building, Room 10235, a. Electronically—104,262 hours. Washington, DC 20503 (202) 395–7316. Agency Information Collection (VA b. Paper copy—55,855 hours. Please refer to ‘‘OMB Control No. 2900– Enrollment Certification) Activities Estimated Average Burden per 0128’’ in any correspondence. Under OMB Review Respondent: FOR FURTHER INFORMATION CONTACT: c. Electronically—8 minutes. AGENCY: Veterans Benefits d. Paper copy—10 minutes. Denise McLamb, Enterprise Records Administration, Department of Veterans Frequency of Response: On occasion. Service (005R1B), Department of Affairs. Estimated Number of Respondents: Veterans Affairs, 810 Vermont Avenue, ACTION: Notice. a. Electronically—781,967. NW., Washington, DC 20420, (202) 461– b. Paper copy—335,129. 7485, fax (202) 273–0443 or e-mail SUMMARY: In compliance with the [email protected]. Please Paperwork Reduction Act (PRA) of 1995 Dated: February 17, 2009. refer to ‘‘OMB Control No. 2900–0128.’’ (44 U.S.C. 3501–3521), this notice By direction of the Secretary. Denise McLamb, SUPPLEMENTARY INFORMATION: announces that the Veterans Benefits Program Analyst, Enterprise Records Service. Titles: Administration (VBA), Department of Veterans Affairs, will submit the [FR Doc. E9–3874 Filed 2–23–09; 8:45 am] a. Notice of Lapse—Government Life collection of information abstracted BILLING CODE 8320–01–P Insurance, VA Form 29–389. below to the Office of Management and b. Application for Reinstatement, VA Budget (OMB) for review and comment. Form 29–389–1. The PRA submission describes the DEPARTMENT OF VETERANS OMB Control Number: 2900–0128. nature of the information collection and AFFAIRS Type of Review: Extension of a its expected cost and burden; it includes [OMB Control No. 2900–0679] currently approved collection. the actual data collection instrument. Abstract: VA Forms 29–389 and 29– DATES: Comments must be submitted on Agency Information Collection 389–1 are used to inform claimants that or before March 26, 2009. (Certification of Change or Correction their government life insurance has ADDRESSES: Submit written comments of Name) Activities Under OMB Review lapsed or will lapse due to non payment on the collection of information through AGENCY: Veterans Benefits of premiums. The claimant must http://www.Regulations.gov or to VA’s Administration, Department of Veterans complete the application to reinstate the OMB Desk Officer, OMB Human Affairs. insurance and to elect to pay the past Resources and Housing Branch, New ACTION: due premiums. VA uses the data Executive Office Building, Room 10235, Notice. collected to determine the claimant’s Washington, DC 20503 (202) 395–7316. SUMMARY: In compliance with the eligibility for reinstatement of such Please refer to ‘‘OMB Control No. 2900– Paperwork Reduction Act (PRA) of 1995 insurance. 0073’’ in any correspondence. (44 U.S.C. 3501–3521), this notice An agency may not conduct or FOR FURTHER INFORMATION CONTACT: announces that the Veterans Benefits sponsor, and a person is not required to Denise McLamb, Enterprise Records Administration (VBA), Department of respond to a collection of information Service (005R1B), Department of Veterans Affairs, will submit the unless it displays a currently valid OMB Veterans Affairs, 810 Vermont Avenue, collection of information abstracted control number. The Federal Register NW., Washington, DC 20420, (202) 461– below to the Office of Management and Notice with a 60-day comment period 7485, FAX (202) 273–0443 or e-mail Budget (OMB) for review and comment. soliciting comments on this collection [email protected]. Please refer to The PRA submission describes the of information was published on ‘‘OMB Control No. 2900–0073.’’ nature of the information collection and December 15, 2008, at page 76100. SUPPLEMENTARY INFORMATION: its expected cost and burden; it includes Affected Public: Individuals or Title: VA Enrollment Certification, VA the actual data collection instrument. Households. Form 22–1999. DATES: Comments must be submitted on Estimated Annual Burden: OMB Control Number: 2900–0073. or before March 26, 2009. Type of Review: Extension of a ADDRESSES: Submit written comments a. VA Form 29–389—3,399 hours. currently approved collection. b. VA Form 29–389–1—1,060 hours. Abstract: School officials and on the collection of information through http://www.Regulations.gov; or to VA’s Estimated Average Burden per employers complete VA Form 22–1999 OMB Desk Officer, OMB Human Respondent: to report and certify a claimant’s enrollment in an educational program. Resources and Housing Branch, New a. VA Form 29–389—12 minutes. Executive Office Building, Room 10235, b. VA Form 29–389–1—10 minutes. The data is used to determine the amount of benefits payable and whether Washington, DC 20503 (202) 395–7316. Frequency of Response: On occasion. the claimant requested an advanced or Please refer to ‘‘OMB Control No. 2900– Estimated Number of Respondents: accelerated payment. 0679’’ in any correspondence. a. VA Form 29–389—16,993. An agency may not conduct or FOR FURTHER INFORMATION CONTACT: b. VA Form 29–389–1—6,359. sponsor, and a person is not required to Denise McLamb, Enterprise Records respond to a collection of information Service (005R1B), Department of Dated: February 17, 2009. unless it displays a currently valid OMB Veterans Affairs, 810 Vermont Avenue, By direction of the Secretary. control number. The Federal Register NW., Washington, DC 20420, (202) 461– Denise McLamb, Notice with a 60-day comment period 7485, fax (202) 273–0443 or e-mail Program Analyst, Enterprise Records Service. soliciting comments on this collection [email protected]. Please [FR Doc. E9–3873 Filed 2–23–09; 8:45 am] of information was published on refer to ‘‘OMB Control No. 2900–0679.’’ BILLING CODE 8320–01–P December 15, 2008, at page 76101. SUPPLEMENTARY INFORMATION:

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Title: Certification of Change or ADDRESSES: Submit written comments By direction of the Secretary. Correction of Name, VA Form 29–586. on the collection of information through Denise McLamb, OMB Control Number: 2900–0679. Federal Docket Management System Program Analyst, Enterprise Records Service. Type of Review: Extension of a (FDMS) at http://www.Regulations.gov; [FR Doc. E9–3879 Filed 2–23–09; 8:45 am] currently approved collection. or to Mary Stout, Veterans Health BILLING CODE 8320–01–P Abstract: Claimants complete VA Administration (193E1), Department of Form 29–586 to certify a change or Veterans Affairs, 810 Vermont Avenue, correction to their name on Government NW., Washington, DC 20420 or e-mail: DEPARTMENT OF VETERANS Life Insurance policies. [email protected]. Please refer to AFFAIRS An agency may not conduct or ‘‘OMB Control No. 2900—New sponsor, and a person is not required to (uSPEQ®)’’ in any correspondence. [OMB Control No. 2900–0386] respond to a collection of information During the comment period, comments Agency Information Collection unless it displays a currently valid OMB may be viewed online through FDMS. control number. The Federal Register (Interest Rate Reduction Refinancing Notice with a 60-day comment period FOR FURTHER INFORMATION CONTACT: Loan Worksheet) Activities Under OMB soliciting comments on this collection Mary Stout (202) 461–5867 or FAX (202) Review 273–9381. of information was published on AGENCY: Veterans Benefits SUPPLEMENTARY INFORMATION: December 15, 2008, at pages 76099– Under the Administration, Department of Veterans 76100. PRA of 1995 (Pub. L. 104–13; 44 U.S.C. Affairs. Affected Public: Individuals or 3501—3521), Federal agencies must ACTION: households. obtain approval from the Office of Notice. Estimated Annual Burden: 20 hours. Management and Budget (OMB) for each SUMMARY: In compliance with the Estimated Average Burden per collection of information they conduct Paperwork Reduction Act (PRA) of 1995 Respondent: 10 minutes. or sponsor. This request for comment is Frequency of Response: On occasion. (44 U.S.C. 3501–3521), this notice being made pursuant to Section announces that the Veterans Benefits Estimated Number of Respondents: 3506(c)(2)(A) of the PRA. 120. Administration (VBA), Department of With respect to the following Veterans Affairs, has submitted the Dated: February 17, 2009. collection of information, VHA invites collection of information abstracted By direction of the Secretary. comments on: (1) Whether the proposed below to the Office of Management and Denise McLamb, collection of information is necessary Budget (OMB) for review and comment. Program Analyst, Enterprise Records Service. for the proper performance of VHA’s The PRA submission describes the [FR Doc. E9–3877 Filed 2–23–09; 8:45 am] functions, including whether the nature of the information collection and BILLING CODE 8320–01–P information will have practical utility; its expected cost and burden; it includes (2) the accuracy of VHA’s estimate of the actual data collection instrument. the burden of the proposed collection of DATES: Comments must be submitted on DEPARTMENT OF VETERANS information; (3) ways to enhance the or before March 26, 2009. AFFAIRS quality, utility, and clarity of the ADDRESSES: Submit written comments information to be collected; and (4) [OMB Control No. 2900—New (uSPEQ®)] on the collection of information through ways to minimize the burden of the http://www.Regulations.gov or to VA’s collection of information on Proposed Information Collection OMB Desk Officer, OMB Human ® respondents, including through the use (uSPEQ Consumer Survey Resources and Housing Branch, New of automated collection techniques or Experience (Rehabilitation)) Activity; Executive Office Building, Room 10235, the use of other forms of information Comment Request Washington, DC 20503 (202) 395–7316. technology. Please refer to ‘‘OMB Control No. 2900– AGENCY: Veterans Health Title: uSPEQ® Consumer Survey 0386’’ in any correspondence. Administration, Department of Veterans Experience (Rehabilitation). FOR FURTHER INFORMATION CONTACT: Affairs. OMB Control Number: 2900–New ACTION: Notice. (uSPEQ®). Denise McLamb, Enterprise Records Service (005R1B), Department of Type of Review: New collection. SUMMARY: The Veterans Health Veterans Affairs, 810 Vermont Avenue, Abstract: uSPEQ® (pronounced you Administration (VHA), Department of NW., Washington, DC 20420, (202) 461– speak) survey will be used to gather Veterans Affairs (VA), is announcing an 7485, FAX (202) 565–7870 or e-mail input from veterans regarding their opportunity for public comment on the [email protected]. Please satisfaction with VA’s rehabilitation proposed collection of certain refer to ‘‘OMB Control No. 2900–0386.’’ programs. VA will use the data collected information by the agency. Under the SUPPLEMENTARY INFORMATION: Paperwork Reduction Act (PRA) of to continue quality improvement, informed programmatic development, Title: Interest Rate Reduction 1995, Federal agencies are required to Refinancing Loan Worksheet, VA Form publish notice in the Federal Register and to identify rehabilitation program strengths and weaknesses. 26–8923. concerning each proposed collection of OMB Control Number: 2900–0386. Affected Public: Individuals and information, including each new Type of Review: Extension of a Households. collection, and allow 60 days for public currently approved collection. comment in response to the notice. This Estimated Annual Burden: 32,000 Abstract: Lenders are required to notice solicits comments for information hours. submit VA Form 26–8923, to request a needed to measure veterans’ experience Estimated Average Burden Per guaranty on all interest rate reduction in VA’s rehabilitation programs. Respondent: 5 minutes. refinancing loans and provide a receipt DATES: Written comments and Frequency of Response: On occasion. as proof that the funding fee was paid recommendations on the proposed Estimated Number of Respondents: or evidence that a claimant was exempt collection of information should be 384,000. from such fee. VA uses the data received on or before April 27, 2009. Dated: February 17, 2009. collected to ensure lenders computed

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the funding fee and the maximum of information was published on Estimated Number of Respondents: permissible loan amount for interest rate December 15, 2008, at pages 76098– 30,000. reduction refinancing loans correctly. 76099. Dated: February 17, 2009. An agency may not conduct or Affected Public: Business or other for sponsor, and a person is not required to profit. By direction of the Secretary. respond to a collection of information Estimated Annual Burden: 5,000 Denise McLamb, unless it displays a currently valid OMB hours. Program Analyst, Enterprise Records Service. control number. The Federal Register Estimated Average Burden per [FR Doc. E9–3880 Filed 2–23–09; 8:45 am] Notice with a 60-day comment period Respondent: 10 minutes. BILLING CODE 8320–01–P soliciting comments on this collection Frequency of Response: On occasion.

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Part II

Environmental Protection Agency 40 CFR Part 86, 89, et al. Control of Air Pollution From New Motor Vehicles and New Motor Vehicle Engines; Final Rule

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ENVIRONMENTAL PROTECTION mid-1990s. This final rule will require the Air Docket, EPA/DC, EPA West, AGENCY manufacturers to install OBD systems Room B102, 1301 Constitution Ave., that monitor the functioning of emission NW., Washington, DC. The Public 40 CFR Part 86, 89, 90, 1027, 1033, control components and alert the Reading Room is open from 8:30 a.m. to 1042, 1048, 1054, 1060, 1065, and 1068 vehicle operator to any detected need 4:30 p.m., Monday through Friday, [EPA–HQ–OAR–2005–0047; FRL–8750–3] for emission related repair. This final excluding legal holidays. The telephone rule will also require that manufacturers number for the Air Docket is (202) 566– RIN 2060–AL92 make available to the service and repair 1742. industry information necessary to Control of Air Pollution From New FOR FURTHER INFORMATION CONTACT: perform repair and maintenance service Motor Vehicles and New Motor Vehicle Todd Sherwood, U.S. EPA, National on OBD systems and other emission Engines; Regulations Requiring Vehicle and Fuel Emissions Laboratory, related engine components. Lastly, this Onboard Diagnostic Systems on 2010 Assessment and Standards Division, final rule revises certain existing OBD and Later Heavy-Duty Engines Used in 2000 Traverwood Drive, Ann Arbor, MI requirements for diesel engines used in Highway Applications Over 14,000 48105; telephone (734) 214–4405, fax heavy-duty vehicles under 14,000 Pounds; Revisions to Onboard (734) 214–4816, e-mail pounds. Diagnostic Requirements for Diesel [email protected]. Highway Heavy-Duty Vehicles Under DATES: This rule is effective on April 27, SUPPLEMENTARY INFORMATION: 14,000 Pounds 2009. The incorporation by reference of certain publications listed in this Regulated Entities AGENCY: Environmental Protection regulation is approved by the Director of Agency (EPA). This action will affect you if you the Federal Register as of April 27, 2009. produce or import new heavy-duty ACTION: Final rule. ADDRESSES: EPA has established a engines which are intended for use in SUMMARY: In 2001, EPA finalized a new, docket for this action under Docket ID highway vehicles such as trucks and major program for highway heavy-duty No. EPA–HQ–OAR–2005–0047. All buses, or produce or import such engines. That program, the Clean Diesel documents in the docket are listed in highway vehicles, or convert heavy-duty Trucks and Buses program, will result the http://www.regulations.gov index. vehicles or heavy-duty engines used in in the introduction of advanced Although listed in the index, some highway vehicles to use alternative emissions control systems such as information is not publicly available, fuels. catalyzed diesel particulate filters (DPF) e.g., Confidential Business Information The following table gives some and catalysts capable of reducing (CBI) or other information whose examples of entities that may have to harmful nitrogen oxide (NOX) disclosure is restricted by statute. follow the regulations. But because emissions. This final rule will require Certain other material, such as these are only examples, you should that these advanced emissions control copyrighted material, will be publicly carefully examine the regulations in 40 systems be monitored for malfunctions available only in hard copy. Publicly CFR part 86. If you have questions, call via an onboard diagnostic system (OBD), available docket materials are available the person listed in the FOR FURTHER similar to those systems that have been either electronically in http:// INFORMATION CONTACT section of this required on passenger cars since the www.regulations.gov or in hard copy at preamble:

NAICS Category SIC codes b Examples of potentially regulated entities codes a

Industry ...... 336111 3711 Motor Vehicle Manufacturers; Engine and Truck Manufacturers. 336112 336120 Industry ...... 811112 7533 Commercial Importers of Vehicles and Vehicle Components. 811198 7549 541514 8742 Industry ...... 336111 3592 Alternative fuel vehicle converters. 336312 3714 422720 5172 454312 5984 811198 7549 541514 8742 541690 8931 a North American Industry Classification Systems (NAICS). b Standard Industrial Classification (SIC) system code.

Outline of This Preamble 3. OBD Requirements for Diesel Heavy- 2. Emissions Control of Highway Engines Duty Vehicles and Engines Used in and Vehicles Depends on Properly I. Overview Vehicles Under 14,000 Pounds Operating Emissions Control Systems A. Background 4. Technical Amendments for Other 3. Basis for Action Under the Clean Air Act B. What Is EPA Requiring? Programs 4. The Importance of a Nationwide HDOBD 1. OBD Requirements for Engines Used in C. Why Is EPA Promulgating These Program Highway Vehicles Over 14,000 Pounds Requirements? 5. Worldwide Harmonized OBD (WWH– GVWR 1. Highway Engines and Vehicles OBD) II. How Have the Proposed OBD 2. Requirements That Service Information Contribute to Serious Air Pollution Requirements Changed for This Final be Made Available Problems Rule and When Will They be Implemented?

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A. General OBD System Requirements B. What Provisions are Being Finalized for G. Executive Order 13045: Protection of 1. The OBD System Service Information Availability? Children From Environmental Health 2. Malfunction Indicator Light (MIL) and 1. What Information is the OEM Required and Safety Risks Diagnostic Trouble Codes (DTC) To Make Available? H. Executive Order 13211: Actions That 3. Monitoring Conditions 2. What are the Requirements for Web- Significantly Affect Energy Supply, 4. Determining the Proper OBD Based Delivery of the Required Distribution, or Use Malfunction Criteria Information? I. National Technology Transfer 5. Demonstrating Compliance With CARB 3. What are the Requirements for Service Advancement Act Requirements Information for Third Party Information J. Executive Order 12898: Federal Actions 6. Temporary Provisions To Address Providers? To Address Environmental Justice in Hardship Due To Unusual 4. What are the Requirements for the Minority Populations and Low-Income Circumstances Availability of Training Information? Populations B. Monitoring Requirements and Timelines 5. What are the Requirements for K. Congressional Review Act for Diesel-Fueled/Compression-Ignition Recalibration of Vehicles? X. Statutory Provisions and Legal Authority Engines 6. What are the Requirements for the I. Overview 1. Fuel System Monitoring Availability of Enhanced Information for 2. Engine Misfire Monitoring Scan Tools for Equipment and Tool A. Background 3. Exhaust Gas Recirculation (EGR) System Companies? Monitoring 7. What are the Requirements for the Section 202(m) of the CAA, 42 U.S.C. 4. Turbo Boost Control System Monitoring Availability of OEM-Specific Diagnostic 7521(m), directs EPA to promulgate 5. Non-Methane Hydrocarbon (NMHC) Scan Tools and Other Special Tools? regulations requiring 1994 and later Converting Catalyst Monitoring 8. Which Reference Materials are Being model year light-duty vehicles (LDVs) 6. Selective Catalytic Reduction (SCR) and Incorporated by Reference? and light-duty trucks (LDTs) to contain Lean NOX Catalyst Monitoring IV. What are the Emissions Reductions an OBD system that monitors emission- 7. NOX Adsorber System Monitoring Associated with the OBD Requirements? related components for malfunctions or 8. Diesel Particulate Filter (DPF) System V. What are the Costs Associated With the deterioration ‘‘which could cause or Monitoring OBD Requirements? result in failure of the vehicles to 9. Exhaust Gas Sensor Monitoring A. Variable Costs for Engines Used in C. Monitoring Requirements and Timelines Vehicles Over 14,000 Pounds comply with emission standards for Gasoline/Spark-Ignition Engines B. Fixed Costs for Engines Used in established’’ for such vehicles. Section D. Monitoring Requirements and Timelines Vehicles Over 14,000 Pounds 202(m) also states that, ‘‘The for Other Diesel and Gasoline Systems C. Total Costs for Engines Used in Vehicles Administrator may, in the 1. Variable Valve Timing and/or Control Over 14,000 Pounds Administrator’s discretion, promulgate (VVT) System Monitoring D. Costs for Diesel Heavy-Duty Vehicles regulations requiring manufacturers to 2. Engine Cooling System Monitoring and Engines Used in Heavy-Duty install such onboard diagnostic systems 3. Crankcase Ventilation System Vehicles Under 14,000 Pounds on heavy-duty vehicles and engines.’’ Monitoring VI. What are the Updated Annual Costs and On February 19, 1993, we published 4. Comprehensive Component Monitors Costs per Ton Associated With the 2007/ a final rule requiring manufacturers of 5. Other Emissions Control System 2010 Heavy-Duty Highway Program? light-duty applications to install such Monitoring A. Updated 2007 Heavy-Duty Highway 6. Exceptions to Monitoring Requirements Rule Costs Including OBD OBD systems on their vehicles E. A Standardized Method To Measure B. Updated 2007 Heavy-Duty Highway beginning with the 1994 model year (58 Real World Monitoring Performance Rule Costs per Ton Including OBD FR 9468). The OBD systems must 1. Description of Software Counters To VII. How Have the Proposed Requirements monitor emission control components Track Real World Performance for Engine Manufacturers Changed for for any malfunction or deterioration that 2. Performance Tracking Requirements This Final Rule? could cause emissions to exceed certain F. Standardization Requirements A. Documentation Requirements emission thresholds. The regulation also 1. Reference Documents B. Catalyst Aging Procedures required that the driver be notified of 2. Diagnostic Connector Requirements C. Demonstration Testing any need for repair via a dashboard 3. Communications to a Scan Tool 1. Selection of Test Engines 4. Required Emissions Related Functions 2. Required Testing light, or malfunction indicator light 5. In-Use Performance Ratio Tracking 3. Testing Protocol (MIL), when the diagnostic system Requirements 4. Evaluation Protocol detected a problem. We also allowed 6. Exceptions to Standardization 5. Confirmatory Testing optional compliance with California’s Requirements D. Deficiencies second phase OBD requirements, G. Implementation Schedule, In-Use E. Production Evaluation Testing referred to as OBDII (13 CCR 1968.1), for Liability, and In-Use Enforcement 1. Verification of Standardization purposes of satisfying the EPA OBD 1. Implementation Schedule and In-Use Requirements requirements. Since publishing the 1993 Liability Provisions 2. Verification of Monitoring Requirements OBD final rule, EPA has made several 2. In-Use Enforcement 3. Verification of In-Use Monitoring H. Changes to the Existing 8,500 to 14,000 Performance Ratios revisions to the OBD requirements, most Pound Diesel OBD Requirements VIII. What are the Issues Concerning of which served to align the EPA OBD 1. NOX Aftertreatment Monitoring Inspection and Maintenance Programs? requirements with revisions to the 2. Diesel Particulate Filter System IX. Statutory and Executive Order Reviews California OBDII requirements (13 CCR Monitoring A. Executive Order 12866: Regulatory 1968.2). 3. NMHC Converting Catalyst Monitoring Planning and Review On August 9, 1995, EPA published a 4. Other Monitors B. Paperwork Reduction Act final rulemaking that set forth service 5. CARB OBDII Compliance Option and C. Regulatory Flexibility Act (RFA), as information regulations for light-duty Deficiencies Amended by the Small Business vehicles and light-duty trucks (60 FR III. How Have the Service Information Regulatory Enforcement Fairness Act of 40474). These regulations, in part, Availability Requirements Changed for 1996 (SBREFA), 5 U.S.C. 601 et seq. This Final Rule? D. Unfunded Mandates Reform Act required each Original Equipment A. What is the Important Background E. Executive Order 13132: Federalism Manufacturer (OEM) to do the Information for the Provision Being F. Executive Order 13175: Consultation following: (1) List all of its emission- Finalized for Service Information and Coordination With Indian Tribal related service and repair information Availability? Governments on a Web site called FedWorld

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(including the cost of each item and 14,000 pounds (72 FR 3200). Today’s electronic controls for both engine and where it could be purchased); (2) either action finalizes those proposed powertrain management, and for provide enhanced information to requirements. Today’s action also emission control. In fact, the heavy-duty equipment and tool companies or make requires new availability requirements industry has already gone a long way, its OEM-specific diagnostic tool for emission-related service information, absent any government regulation, to available for purchase by aftermarket also proposed in the January 24, 2007 standardize computer communication technicians, and (3) make action, that will make this information protocols.2 Computer and electronic reprogramming capability available to more widely available to the industry control systems, as opposed to independent service and repair servicing vehicles over 14,000 pounds. mechanical systems, provide professionals if its franchised improvements in many areas including, dealerships had such capability. These B. What Is EPA Requiring? but not limited to, improved precision requirements are intended to ensure that 1. OBD Requirements for Engines Used and control, reduced weight, and lower aftermarket service and repair facilities in Highway Vehicles Over 14,000 cost. However, electronic and computer have access to the same emission- Pounds GVWR controls also create increased difficulty in diagnosing and repairing the related service information, in the same We believe that OBD requirements malfunctions that inevitably occur in or similar manner, as that provided by should be extended to include over any engine or powertrain system. OEMs to their franchised dealerships. 14,000 pound heavy-duty vehicles and Today’s OBD requirements will build on These service information availability engines for many reasons. In the past, the efforts already undertaken by the requirements have been revised since heavy-duty diesel engines have relied industry to ensure that key emissions that first final rule in response to primarily on in-cylinder modifications related components will be monitored changing technology among other to meet emission standards. For in future heavy-duty vehicles and reasons. (68 FR 38428) example, emission standards have been In October of 2000, we published a engines and that the diagnosis and met through changes in fuel timing, final rule requiring OBD systems on repair of those components will be as piston design, combustion chamber heavy-duty vehicles and engines up to efficient and cost effective as possible. design, charge air cooling, use of four 14,000 pounds GVWR (65 FR 59896). In Lastly, heavy-duty engines and, in valves per cylinder rather than two that rule, we expressed our intention of particular, diesel engines tend to have valves, and piston ring pack design and developing OBD requirements in a very long useful lives. With age comes location improvements. In contrast, the future rule for vehicles and engines deterioration and a tendency toward 2004 and 2007 emission standards used in vehicles over 14,000 pounds. increasing emissions. With the OBD represent a different sort of We expressed this same intention in our systems we are requiring, we expect that technological challenge that are being 2007HD highway final rule (66 FR 5002) these engines will continue to be met with the addition of exhaust gas which established new heavy-duty properly maintained and therefore will recirculation (EGR) systems and the highway emissions standards for 2007 continue to emit at low emissions levels addition of exhaust aftertreatment and later model year engines. In June of even after accumulating hundreds of devices such as diesel particulate filters 2003, we published a final rule thousands and even a million miles. (DPF), sometimes called PM traps, and extending service information For the reasons laid out above, most NO catalysts. Such ‘‘add on’’ devices availability requirements to heavy-duty X manufacturers of vehicles, trucks, and can experience deterioration and vehicles and engines weighing up to engines have incorporated some type of malfunction that, unlike the engine 14,000 pounds GVWR. We declined OBD system into their products that are design elements listed earlier, may go extending these requirements to engines capable of identifying when certain unnoticed by the driver. Because above 14,000 pounds GVWR at least types of malfunctions occur, and in deterioration and malfunction of these until such engines are subject to OBD what systems. In the heavy-duty devices can go unnoticed by the driver, requirements. industry, those OBD systems On January 18, 2001, EPA established and because their primary purpose is traditionally have been geared toward a comprehensive national control emissions control, and because the level detecting malfunctions causing program—the Clean Diesel Truck and of emission control is on the order of 50 drivability and/or fuel economy related Bus program—that regulates the heavy- to 99 percent, some form of diagnosis problems. Without specific duty vehicle and its fuel as a single and malfunction detection is crucial. requirements for manufacturers to system. (66 FR 5002) As part of this We believe that such detection can be include OBD mechanisms to detect program, new emission standards will effectively achieved by employing a emission-related problems, those types begin to take effect in model year 2007 well designed OBD system. of malfunctions that could result in high The same is true for gasoline heavy- and will apply to heavy-duty highway emissions without a corresponding duty vehicles and engines. While engines and vehicles. These standards adverse drivability or fuel economy emission control is managed with both are based on the use of high-efficiency impact could go unnoticed by both the engine design elements and catalytic exhaust emission control driver and the repair technician. The aftertreatment devices, the catalytic devices or comparably effective resulting increase in emissions and converter is the primary emission advanced technologies. Because these detrimental impact on air quality could control feature accounting for over 95 devices are damaged by sulfur, the percent of the emission control. We 2 regulation also requires the level of See ‘‘On-Board Diagnostics, A Heavy Duty believe that monitoring the emission Perspective,’’ SAE 951947; ‘‘Recommended Practice sulfur in highway diesel fuel be reduced control system for proper operation is for a Serial Control and Communications Vehicle by 97 percent.1 Network,’’ SAE J1939 which may be obtained from On January 24, 2007, we proposed critical to ensure that new vehicles and Society of Automotive Engineers International, 400 new OBD requirements for highway engines certified to the very low Commonwealth Dr., Warrendale, PA, 15096–0001; engines used in vehicles greater than emission standards set in recent years and ‘‘Road Vehicles-Diagnostics on Controller Area continue to meet those standards Network (CAN)—Part 4: Requirements for emission- related systems,’’ ISO 15765–4:2001 which may be 1 Note that the 2007HD highway rule contained throughout their full useful life. obtained from the International Organization for new emissions standards for gasoline engines as Further, the industry trend is clearly Standardization, Case Postale 56, CH–1211 Geneva well as diesel engines. toward increasing use of computer and 20, Switzerland.

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be avoided by incorporating an OBD adjustments or corrections to the exhaust emission levels. We have also system capable of detecting emission regulations we adopted on October 8, established more stringent standards for control system malfunctions. 2008 (73 FR 59034) and on June 30, heavy-duty gasoline vehicles, based in 2008 (73 FR 37096). See the part on the use of the low sulfur 2. Requirements That Service memorandum in the docket entitled gasoline that will be available when the Information Be Made Available ‘‘Technical Amendments to EPA standards go into effect. We are requiring that makers of Regulations’’ for a description of these engines that go into vehicles over 14,000 changes.3 2. Emissions Control of Highway pounds make available to any person Engines and Vehicles Depends on engaged in repair or service all C. Why Is EPA Promulgating These Properly Operating Emissions Control information necessary to make use of Requirements? Systems the OBD systems and for making 1. Highway Engines and Vehicles The emissions reductions and emission-related repairs, including any Contribute to Serious Air Pollution resulting health and welfare benefits of emissions-related information that is Problems the 2007HD highway program will be provided by the OEM to franchised The pollution emitted by heavy-duty dramatic when fully implemented. By dealers. This information includes, but highway engines contributes greatly to 2030, the program will reduce annual is not limited to, manuals, technical our nation’s continuing air quality emissions of nitrogen oxides, service bulletins (TSBs), a general problems. Our 2007HD highway rule nonmethane hydrocarbons, and description of the operation of each was designed to address these serious particulate matter by a projected 2.6 OBD monitor, etc. We discuss the new air quality problems. These problems million, 115,000 and 109,000 tons, requirements further in section III of include premature mortality, respectively. However, to realize those this preamble. aggravation of respiratory and large emission reductions and health The new requirements are similar to cardiovascular disease, aggravation of benefits, the emission control systems those required currently for all 1996 and existing asthma, acute respiratory on heavy-duty highway engines and newer light-duty vehicles and light-duty symptoms, chronic bronchitis, and vehicles must continue to provide the trucks and 2005 and newer heavy-duty decreased lung function. Numerous 90 to 95 percent emission control applications up to 14,000 pounds. See studies also link diesel exhaust to effectiveness throughout their operating section III for a complete discussion of increased incidence of lung cancer. We life. Today’s OBD requirements, in the new service information provisions. believe that exposure to diesel exhaust conjunction with/support of EPA’s Note that information for making is likely to be carcinogenic to humans existing compliance programs, will help emission-related repairs does not by inhalation and that this cancer to ensure that emission control systems include information used to design and hazard exists for occupational and continue to operate properly by manufacture parts, but it may include environmental levels of exposure. detecting when those systems OEM changes to internal calibrations Our 2007HD highway rule regulates malfunction, by then notifying the and other indirect information, as the heavy-duty vehicle and its fuel as a driver that a problem exists that requires discussed in section III. single system. As part of this program, service and, lastly, by informing the 3. OBD Requirements for Diesel Heavy- new emission standards began to take service technician what the problem is Duty Vehicles and Engines Used in effect in model year 2007 and are so that it can be properly repaired. Vehicles Under 14,000 Pounds phased-in through model year 2010, and will apply to heavy-duty highway 3. Basis for Action Under the Clean Air We are also making some changes to engines and vehicles. These standards Act the existing diesel OBD requirements for are based on the use of high-efficiency Section 202(m) of the CAA, 42 U.S.C. heavy-duty applications under 14,000 catalytic exhaust emission control pounds (i.e., 8,500 to 14,000 pounds). 7521(m), directs EPA to promulgate devices or comparably effective regulations requiring 1994 and later Some of these changes are being made advanced technologies and a cap on the for immediate implementation to relax model year light-duty vehicles (LDVs) allowable sulfur content in both diesel and light-duty trucks (LDTs) to contain some of the requirements that we fuel and gasoline. currently have in place for 8,500 to an OBD system that monitors emission- In the 2007HD highway final rule, we related components for malfunctions or 14,000 pound applications that cannot estimated that, by 2007, heavy-duty be met by diesels without granting deterioration ‘‘which could cause or trucks and buses would account for result in failure of the vehicles to widespread deficiencies to industry. about 28 percent of nitrogen oxides Other changes are being made for the comply with emission standards emissions and 20 percent of particulate established’’ for such vehicles. Section 2010 and later model years since they matter emissions from mobile sources. represent an increase in the stringency 202(m) also states that, ‘‘The In some urban areas, the contribution is Administrator may, in the of our current OBD requirements and, even greater. The 2007HD highway therefore, some leadtime is necessary for Administrator’s discretion, promulgate program will reduce particulate matter regulations requiring manufacturers to manufacturers to comply. All of the and oxides of nitrogen emissions from changes being made for 8,500 to 14,000 install such onboard diagnostic systems heavy-duty engines by 90 percent and on heavy-duty vehicles and engines.’’ pound diesel applications will result in 95 percent below current standard Section 202(m)(5) of the CAA states OBD emissions thresholds identical, for levels, respectively. In order to meet that the Administrator shall require all practical purposes, to the OBD these more stringent standards for diesel manufacturers to, ‘‘provide promptly to thresholds for over 14,000 pound engines, the program calls for a 97 any person engaged in the repairing or applications. percent reduction in the sulfur content servicing of motor vehicles or motor of diesel fuel. As a result, diesel 4. Technical Amendments for Other vehicle engines * * * with any and all vehicles will achieve gasoline-like Programs information needed to make use of the We are finalizing a variety of 3 See Document ID No. EPA–HQ–OAR–2005– emission control diagnostics system technical amendments in this final rule. 0047–0057. Also see Document ID No. EPA–HQ– prescribed under this subsection and Most of these changes involve minor OAR–2005–0047–0058. such other information including

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instructions for making emission related the WWH–OBD requirements, but were In general, the remainder of this diagnosis and repairs.’’ not identical. At industry’s request, we preamble—in particular, sections II.B have patterned both our proposal and 4. The Importance of a Nationwide through II.H—presents the changes final rule after the California regulation. HDOBD Program made to the final OBD requirements Note that we have an obligation to one relative to the proposed OBD In 2005, the California Air Resources day propose the gtr for consideration as requirements. As such, we do not restate Board put into place HDOBD a U.S. regulation, and it is our details of the proposed requirements 4 requirements. More recently, we expectation that working together with unless it is necessary to do so for clarity. granted a waiver from federal industry and other stakeholders we will Of interest to readers when comparing preemption to the State of California determine the appropriate process and the final OBD regulatory text to the that allows them to implement the requirements to incorporate the WWH– proposed OBD regulatory text is that we HDOBD program (73 FR 52042). Given OBD requirements into our regulatory have moved all of the requirements for the nature of the heavy-duty trucking structure. over 14,000 pound OBD into § 86.010– industry in the United States and the 18. Where certain requirements are not importance of the free and open II. How Have the Proposed OBD applicable until 2013 or 2016, etc., the movement of goods across state borders, Requirements Been Changed for This we believe that a consistent nationwide Final Rule and When Will They Be regulatory text in § 86.010–18 makes HDOBD program is a desirable outcome. Implemented? that clear. In our proposal, we had We have worked closely with California The following subsections describe separated out the requirements for on our proposal and with both how we have changed the proposed model year 2013 into § 86.013–18 and California and industry stakeholders on OBD monitoring requirements in this those for 2016 into § 86.016–18 and this final rule, in an effort to develop a final rule. We also describe the those for 2019 into § 86.019–18. This consistent set of HDOBD requirements. timelines for their implementation. The created some confusion and we decided As a result, the program we are requirements are indicative of our goal that it would be easier to read the finalizing today is consistent with the for the program which is a set of OBD regulations if we restructured things California program in almost all monitors that provide robust diagnosis such that all the requirements appear in important aspects. We believe that, of the emission control system. Our one section. We have done so in the while minor differences exist in the intention is to provide industry final rule and have placed all requirements we are promulgating today sufficient time and experience with requirements for over 14,000 pound and the California requirements, we will satisfying the demands of the OBD OBD in § 86.010–18. This is also true for end up with OBD systems that will be program. While their engines already OBD requirements on heavy-duty compliant with both our federal incorporate OBD systems, those systems engines under 14,000 pounds where we program and the California program. are generally less comprehensive and do have moved proposed provisions for Promulgating and implementing this not monitor the emission control system model years 2010 through 2012 and final rule is an important step in our in the ways we are requiring. 2013 and later from proposed efforts working with the California Air Additionally, the OBD requirements §§ 86.010–17 and 86.013–17, Resources Board to develop a consistent represent a new set of technological respectively to final § 86.007–17 with national program. requirements and a new set of appropriate mention of when certification requirements for the requirements apply to specific model 5. Worldwide Harmonized OBD (WWH– industry in addition to the 2007HD years. The same holds true for proposed OBD) highway program and the challenging §§ 86.1806–07, 86.1806–10, and The Worldwide Harmonized OBD emission standards for PM and NOX and 86.1806–13, for OBD systems on under effort (WWH–OBD) is part of the United other pollutants to be implemented in 14,000 pound vehicles, where all final Nations Economic Commission for 2010. As a result, we believe the OBD requirements can be found in Europe. We discussed this effort in monitoring requirements and timelines § 86.1806–05 with appropriate mention detail in our proposal. In line with what outlined in this section appropriately of when requirements apply to specific we said in our proposal, while the weigh the need for OBD monitors on the model years. WWH–OBD global technical regulation emission control system and the need to The remainder of Section II below (gtr) is consistent with many of the gain experience with not only those highlights the changes made to our specific requirements of our final rule, monitors but also the newly or recently proposed requirements relative to the it is not currently as comprehensive added emission control hardware. (e.g., it does not contain the same level The changes we have made to the final rule. The reader is directed to the of detail with respect to certification proposed requirements are the result of more detailed discussion that follows requirements and enforcement comments received on our proposal and and/or is found in our Summary and provisions). For that reason, at this time, meetings with stakeholders held in the Analysis of Comments document we do not believe that the gtr could time between proposal and final rule. contained in the docket. However, Table fully replace what is in our final rule. The changes are also the result of our II–1 provides a brief summary of the It is important to note that California collaboration with CARB staff. For a changes made although this tabular had HDOBD requirements in place prior detailed summary and analysis of the summary is not meant to provide a to the WWH–OBD gtr being adopted as comments we received, and the thorough explanation of each change. a final document. The California rationale behind the changes made for For a thorough explanation, refer to the HDOBD requirements were analogous to this final rule, refer to the Summary and more detailed discussion below and/or Analysis document contained in the the Summary and Analysis of 4 See 13 CCR 1971.1. docket for this rule. Comments.

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TABLE II–1—SUMMARY OF CHANGES IN THE FINAL REGULATIONS RELATIVE TO THE PROPOSED REGULATIONS [Please refer to the text for acronym definitions]

Discussed in preamble Change section Regulatory cite

Restructuring—§§ 86.013–18, 86.016–18, 86.019–18 have been moved into § 86.010–18 with II Introduction ...... All >14,000 pound appropriate date qualifiers. OBD text now in § 86.010–18. Allow EPA to certify systems demonstrated to comply with CARB HDOBD (13 CCR 1971.1) .. II.A.5 ...... § 86.010–18(a)(5). Changed MIL location requirement to read ‘‘primary driver’s side’’ rather than ‘‘driver’s side’’ * ...... § 86.010–18(b)(1)(i). to accommodate vehicles with both left and right side steering. Slight change to erasure of pending DTC upon storage of MIL-on DTC ...... II.A.2 ...... § 86.010–18(b)(2)(ii). Change to the permanent DTC erasure provisions ...... II.F.4 ...... § 86.010– 18(b)(3)(iii)(A)–(D). Minor revisions, for clarity, to the general provisions governing monitoring conditions ...... * ...... § 86.010–18(c)(3). Added clarifying text to general provisions governing in-use performance tracking ...... * ...... § 86.010–18(d). Revision to trip definition, in the context of rate based monitoring, for denominator incre- II.E.1 ...... § 86.010– menting on diesel engines. 18(d)(4)(ii)(B). Change to idle definition in specifications for incrementing the denominator (from vehicle II.E.2 ...... § 86.010– speed ≤1 mph to ‘‘engine speed less than or equal to 200 rpm above normal warmed up 18(d)(4)(ii)(C). idle or vehicle speed ≤1 mph’’). Added text stating that monitors must run over test that gives the most robust monitor rather II.A.4 ...... § 86.010–18(f)(1)(i). than most stringent monitor. Added text to identify in certification documentation which test cycle would provide the most * ...... § 86.010–18(f)(1)(ii). stringent and/or the most robust monitor. Added text stating that OBD-specific IRAFs need not be included in OBD threshold deter- II.A.4 ...... § 86.010–18(f)(2). minations. Revision to NOX malfunction thresholds for NOX catalyst systems and NOX sensors (2010– II.B.6; II.B.7; II.B.9 § 86.010–18(g), Table 2012 only). (and shown in Table 1. II.B–1. Added provision to diesel fuel system pressure, timing, and quantity malfunction criteria al- II.B.1 ...... § 86.010– lowing unit injector systems to conduct functional checks during model years 2010 to 2012. 18(g)(1)(ii)(A)–(C). Added new paragraph allowing diesel unit injector systems to combine into one malfunction II.B.1 ...... § 86.010– the three separate malfunction criteria of pressure, timing, and quantity. 18(g)(1)(ii)(D). Minor changes to diesel fuel system monitoring conditions consistent with changes to mal- II.B.1 ...... § 86.010– function criteria. 18(g)(1)(iii)(A) & (B). Diesel engine misfire malfunction criteria for multiple continuous misfire changed from ‘‘more II.B.2 ...... § 86.010– than one cylinder’’ to ‘‘more than one or more than one but less than half (if approved)’’. 18(g)(2)(ii)(A). Minor change to diesel EGR monitoring conditions (i.e., a change to the proposed monitoring II.B.3 ...... § 86.010– conditions) which allows for temporary disables of ‘‘continuous monitoring’’. 18(g)(3)(iii)(D). Diesel turbo boost malfunction criteria changed to note ‘‘for engines so equipped’’ where ap- II.B.4 ...... § 86.010– propriate. 18(g)(4)(ii)(A)–(C). Added a new diesel turbo boost monitoring condition that allows for temporary disables of II.B.4 ...... § 86.010– ‘‘continuous monitoring’’. 18(g)(4)(iii)(D). Removed text noting that NMHC conversion over a DPF is required under paragraph (g)(8) II.B.8 ...... § 86.010–18(g)(5)(i). and added clarifying text that monitoring of NMHC conversion over a DPF is not required. Removal of malfunction thresholds from diesel NMHC catalyst malfunction criteria ...... II.B.5 ...... § 86.010– 18(g)(5)(ii)(A). Added ‘‘delta temperature within time period’’ provision to diesel NMHC aftertreatment assist- II.B.5 ...... § 86.010– ance malfunction criteria. 18(g)(5)(ii)(B). Removal of proper feedgas generation malfunction criteria for diesel NMHC catalysts ...... II.B.5 ...... § 86.010– 18(g)(5)(ii)(B). Added provision to forego monitoring of diesel NMHC catalysts located downstream of a DPF II.B.5 ...... § 86.010– provided their malfunction will not result in failure of the NMHC emission standard. 18(g)(5)(ii)(B). Change to the DPF malfunction criteria—addition of an optional malfunction criteria for DPF II.B.8 ...... § 86.010– filtering performance for model years 2010 to 2012. 18(g)(8)(ii)(A). Change to the DPF malfunction criteria—removal of NMHC conversion monitoring ...... II.B.8 ...... § 86.010– 18(g)(8)(ii)(D)**. Added new monitoring conditions applicable to those systems using the optional DPF mal- II.B.8 ...... § 86.010–18(g)(8)(iii). function criteria of § 86.010–18(g)(8)(ii)(A). Added provision that allows Administrator to approve limited misfire monitor disablement for II.C ...... § 86.010– gasoline engines. 18(h)(2)(iii)(D). Added provision that allows misfire monitor disables for gasoline engines with >8 cylinders .... II.C ...... § 86.010– 18(h)(2)(iii)(E). Added phrase allowing lower thermostat regulating temperature requirement for ambient tem- II.D.2 ...... § 86.010–18(i)(1)(ii)(A). peratures between 20–50 degrees F. Added phrase ‘‘With Administrator approval’’ to the provision allowing alternative thermostat * ...... § 86.010–18(i)(1)(ii)(B). malfunction criteria. Change to the comprehensive component monitoring requirements such that components II.D.4 ...... § 86.010–18(i)(3)(i)(A). must be monitored if their malfunction can cause emissions to exceed standards rather than affect emissions during any reasonable driving condition. Change to diesel engine glow plug malfunction criteria for 2010–2012 ...... II.D.4 ...... § 86.010– 18(i)(3)(iii)(D). Added provision stating that monitoring of wait-to-start lamp and MIL circuit is not required for II.A.2 ...... § 86.010– systems using light-emitting diodes versus incandescent bulbs. 18(i)(3)(iii)(E).

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TABLE II–1—SUMMARY OF CHANGES IN THE FINAL REGULATIONS RELATIVE TO THE PROPOSED REGULATIONS— Continued [Please refer to the text for acronym definitions]

Discussed in preamble Change section Regulatory cite

Removed introductory text to the standardization requirements (done to provide greater clar- * ...... § 86.010–18(k)(1). ity). Removal of SAE J2534 from the OBD section (it remains in the Service Information Avail- * ...... § 86.010– ability requirements of § 86.010–38(j)). 18(k)(1)(i)(H)**. Added text allowing the Administrator to approve alternative DLC locations ...... II.F.2 ...... § 86.010–18(k)(2)(i). Added text allowing data link signals to report an error state or other predefined status indi- * ...... § 86.010–18(k)(4)(ii). cator if they are defined for those signals in the SAE J1979/J1939 specifications. Added the phrase ‘‘to the extent possible’’ to the provision to use separate DTCs for out-of- * ...... § 86.010– range and circuit checks. 18(k)(4)(iv)(B). Added provision to allow for multiple CAL IDs with Administrator approval provided CAL IDs II.F.4 ...... § 86.010–18(k)(4)(vi). response is in order of highest to lowest priority. Added provision to require multiple CVNs if using multiple CAL IDs as allowed under newly II.F.4 ...... § 86.010– added provision in (k)(4)(vi). 18(k)(4)(vii)(A). Added provision allowing, for 2010–2012, a default value for the CVN for systems that are * ...... § 86.010– not field programmable. 18(k)(4)(vii)(A). Revised CVN calculation requirement from ‘‘once per drive cycle’’ to ‘‘once per ignition cycle’’ * ...... § 86.010– 18(k)(4)(vii)(C). Change to idle definition in engine run-time tracking (from vehicle speed ≤1 mph to ‘‘engine II.F.4; II.F.5 ...... § 86.010–18(k)(6)(i)(B). speed less than or equal to 200 rpm above normal warmed-up idle or vehicle speed ≤1 mph’’). Added new certification demonstration provisions for systems using the optional DPF moni- * ...... § 86.010–18(l)(3)(i)(H). toring provisions. Added new documentation provisions for systems meeting § 86.010–18 with a system de- II.A.5 ...... § 86.010–18(m)(3). signed to CARB 13 CCR 1971.1. Added a provision that allows Administrator to approve alternative engine ratings as parent II.G.1 ...... § 86.010–18(o)(1)(i). ratings in 2010–2012. Added a provision that allows Administrator to approve alternative engine ratings as parent II.G.1 ...... § 86.010– ratings in 2010–2012. 18(o)(2)(ii)(B). Added text to make clear that for all engine ratings in years 2019+, the certification emissions * ...... § 86.010–18(p)(4)(i). thresholds apply in-use (provides clarification, no change to original intent). Revised 2007–2009 and 2010–2012 engine certification NOX thresholds from FEL+0.5 to Table II.H–2 ...... § 86.007–17(b) & FEL+0.6 (for 8500–14K pound diesel engines). § 86.007–30(f). Added definition of ‘‘engine and engine system’’ applicable to OBD ...... * ...... § 86.010–2. Moved definition of ‘‘OBD group’’ from § 86.013–2 to § 86.010–2 ...... * ...... § 86.010–2. Added ‘‘delta temperature within time period’’ provision to NMHC malfunction description for II.H.3 ...... § 86.007–17(b) & engine certifications. § 86.007–30(f). Removed 2010–2012 & 2013+ engine certification NMHC thresholds for DPFs (8500–14K Table II.H–2 ...... § 86.007–17(b) & pound diesel engines). § 86.007–30(f). Change to the DPF malfunction criteria—addition of an optional malfunction criteria for DPF II.H.2 ...... § 86.007–17(b) & filtering performance. § 86.007–30(f). § 86.013–17 moved to § 86.007–17 with appropriate date qualifiers (8500–14K pound diesel II.A ...... § 86.007–17(b). engines; no content change, just formatting). § 86.013–30 moved to § 86.007–30 with appropriate date qualifiers (8500–14K pound diesel II.A ...... § 86.007–30(f). engines; no content change, just formatting). Revised 2007–2009 vehicle certification NOX thresholds from 3x to 4x the standard (8500– Table II.H–2 ...... § 86.1806–05(n) & (o). 14K pound diesel vehicles). Revised 2010–2012 vehicle certification NOX thresholds for NOX catalysts and NOX sensors Table II.H–2 ...... § 86.1806–05(n) & (o). from +0.3 to +0.6 (8500–14K pound diesel vehicles). Added ‘‘delta temperature within time period’’ provision to NMHC malfunction description for II.H.3 ...... § 86.1806–05(n) & (o). vehicle certifications. Removed 2010–2012 & 2013+ vehicle certification NMHC thresholds for DPFs (8500–14K Table II.H–2 ...... § 86.1806–05(n) & (o). pound diesel vehicles). Added the phrase ‘‘and superseding sections’’ to the provision for optional chassis certifi- * ...... § 86.1863–07. cation of diesel vehicles. * Items not discussed in the preamble since we consider them to be very minor. ** This is the applicable citation for the proposed regulatory text, but this paragraph contains different text (due to renumbering) or has been removed in the final regulatory text.

A. General OBD System Requirements on age and/or mileage of the vehicle or otherwise designed so that an OBD during the actual life of the engine. This system deactivates based on age and/or 1. The OBD System requirement does not alter existing law mileage of the engine. The OBD system must be designed to and enforcement practice regarding a In addition, computer coded engine operate for the actual life of the engine manufacturer’s liability for an engine operating parameters cannot be in which it is installed. Further, the beyond its regulatory useful life, except changeable without the use of OBD system cannot be programmed or where an engine has been programmed specialized tools and procedures (e.g. otherwise designed to deactivate based soldered or potted computer

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components or sealed (or soldered) Upon illumination of the MIL, a (ISO) engine symbol shown in Table computer enclosures). Upon diagnostic trouble code (DTC) must be II.A–1 because this symbol has become Administrator approval, certain product stored in the engine’s computer that accepted after more than 10 years of lines may be exempted from this identifies the detected malfunction. light-duty OBD as a communicator of requirement if those product lines can This DTC can then be read by a service engine and emissions system related be shown to not need such protections. technician to assist in making the problems. We are also requiring that In making the approval decision, the necessary repair. there be only one MIL used to indicate Administrator will consider such things Because the MIL is meant to inform all malfunctions detected by the OBD as the current availability of the driver of a detected malfunction, we system on a single vehicle. We believe performance chips, performance are requiring that the MIL be located on this is important to avoid confusion capability of the engine, and sales the driver’s side instrument panel and over multiple lights and, potentially, volume. be of sufficient illumination and multiple interpretations of those lights. location to be readily visible under all Generally, a manufacturer would be 2. Malfunction Indicator Light (MIL) lighting conditions. We are requiring allowed sufficient time to be certain that and Diagnostic Trouble Codes (DTC) that the MIL be amber (yellow) in color a malfunction truly exists before Consistent with our proposal, the when illuminated because yellow is illuminating the MIL. No one benefits if final rule requires that upon detecting a synonymous with the notion of a the MIL illuminates spuriously when a malfunction within the emission control ‘‘cautionary warning’’; the use of red for real malfunction does not exist. Thus, system,5 the OBD system must make the MIL will be strictly prohibited for most OBD monitoring strategies, some indication to the driver so that the because red signifies ‘‘danger’’ which is manufacturers will not be required to driver can take action to get the problem not the proper message for malfunctions illuminate the MIL until a malfunction repaired. A dashboard malfunction detected according to today’s rule. clearly exists which will be considered indicator light (MIL) must be Further, we are requiring that, when to be the case when the same problem illuminated to inform the driver that a illuminated, the MIL display the has occurred on two sequential driving problem exists that needs attention. International Standards Organization cycles.6

To keep this clear in the onboard When a problem is first detected, we determines to be the most effective computer, we are requiring that the OBD are requiring that a ‘‘pending’’ DTC be approach. Consistent with the proposal, system make certain distinctions stored. If, during the subsequent drive the final rule does not stipulate which between the problems it has detected, cycle that contains operation satisfying communication protocol be used. Upon and that the system maintain a strict the enable criteria for the given monitor, storage of the MIL-on DTC, the MIL logic for diagnostic trouble code (DTC) a problem in the components/system is must be illuminated.10 Also at this time, storage/erasure and for MIL not again detected, the OBD system a ‘‘permanent’’ DTC would be stored illumination/extinguishment. Whenever would declare that a malfunction does (see section II.F.4 for more details the enable criteria for a given monitor not exist and would, therefore, erase the regarding permanent DTCs).11 are met, we would expect that monitor pending DTC. However, if, during the As we proposed, we are requiring to run. For continuous monitors, this subsequent drive cycle that contains that, after three subsequent drive cycles would be during essentially all engine operation satisfying the enable criteria that contain operation satisfying the operation.7 For non-continuous for the given monitor, a problem in the enable criteria for the given monitor monitors, it would be during only a component/system is again detected, a without any recurrence of the subset of engine operation.8 In general, malfunction has been confirmed and, previously detected malfunction, the we are requiring that non-continuous hence, a ‘‘confirmed’’ or ‘‘MIL-on’’ DTC MIL should be extinguished (unless monitors make a diagnostic decision would be stored.9 Upon storage of a there are other MIL-on DTCs stored for just once per drive cycle that contains MIL-on DTC, the pending DTC would which the MIL must also be operation satisfying the enable criteria either remain stored or be erased, illuminated), the permanent DTC for the given monitor. depending on what the manufacturer should be erased, but a ‘‘previous-MIL-

5 What constitutes a ‘‘malfunction’’ for over purposes, the signal of the component may instead illumination during engine operation unless stated 14,000 pound applications under today’s action is be evaluated each time sampling occurs. otherwise. This contrasts with the MIL illumination covered in section II.B for diesel engines, section 8 A ‘‘non-continuous’’ monitor being a monitor logic used by many engine manufacturers today by II.C for gasoline engines, and section II.D for all that runs only when a limited set of operating which the MIL would illuminate upon detection of engines. conditions occurs. a malfunction but would remain illuminated only 6 Generally, a ‘‘driving cycle’’ or ‘‘drive cycle’’ 9 Different industry standards organizations—the while the malfunction was actually occurring. consists of engine startup and engine shutoff or Society of Automotive Engineers (SAE) and the Under this latter logic, an intermittent malfunction consists of four hours of continuous engine International Standards Organization (ISO)—use or one that occurs under only limited operating operation. different terminology to refer to a ‘‘MIL-on’’ DTC. conditions may result in a MIL that illuminates, 7 A ‘‘continuous’’ monitor—if used in the context For clarity, we use the term ‘‘MIL-on’’ DTC extinguishes, illuminates, etc., as operating of monitoring conditions for circuit continuity, lack throughout this preamble to convey the concept and conditions change. of circuit continuity, circuit faults, and out-of-range not any requirement that standard making bodies 11 A permanent DTC must be stored in a manner values—means sampling at a rate no less than two use the term in their standards. such that electrical disconnections do not result in samples per second. If a computer input component 10 Throughout this final rule, we refer to MIL their erasure (i.e., they must be stored in non- is sampled less frequently for engine control illumination to mean a steady, continuous volatile random access memory (NVRAM)).

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on’’ DTC should remain stored.12 We are freeze frame stored in conjunction with DTC on the first trip and, since the requiring that the previous-MIL-on DTC any pending or MIL-on DTC should be system would then be stuck in that remain stored for 40 engine warmup erased upon erasure of the DTC. Further abnormal operating mode and would cycles after which time, provided the information concerning the freeze frame never be able to run the diagnostic identified malfunction has not been requirement and the data required in the again, the pending DTC could never detected again and the MIL is presently freeze frame is presented in section mature to a MIL-on DTC nor illuminate not illuminated for that malfunction, the II.F.4, below. the MIL. Hence, the MIL must previous-MIL-on DTC can be erased.13 As proposed, we are also requiring illuminate upon the first entry into such However, if an illuminated MIL is not that the OBD system illuminate the MIL an abnormal operating mode. If such a extinguished, or if a MIL-on DTC is not and store a MIL-on DTC to inform the mode is recoverable, the engine will erased, by the OBD system itself but is vehicle operator whenever the engine start at the next key-on in ‘‘normal’’ instead erased via scan tool or battery enters a mode of operation that can mode allowing the monitor to run again disconnect (which would erase all non- affect the performance of the OBD and, assuming another detection of the permanent, volatile memory), the system. If such a mode of operation is condition, the system would set a MIL- permanent DTC must remain stored. recoverable (i.e., operation on DTC and illuminate the MIL. This way, permanent DTCs can only be automatically returns to normal at the As proposed, the OBD system need erased by the OBD system itself and beginning of the following ignition not store a DTC nor illuminate the MIL 14 cannot be erased through human cycle ), then in lieu of illuminating the upon abnormal mode operation if other interaction with the system. MIL when the mode of operation is telltale conditions would result in As proposed, we are allowing the entered, the OBD system may wait to immediate action by the driver. Such manufacturer, upon Administrator illuminate the MIL and store the MIL- telltale conditions would be, for approval, to use alternative statistical on DTC if the mode of operation is again example, an overt indication like a red MIL illumination and DTC storage entered before the end of the next engine shut-down warning light. The protocols to those described above (i.e., ignition cycle. We are requiring this OBD system also need not store a DTC alternatives to the ‘‘first trip—pending because many operating strategies are nor illuminate the MIL upon abnormal DTC, second strip—MIL-on DTC logic). designed such that they continue mode operation if the mode is indeed an The Administrator will consider automatically through to the next key- auxiliary emission control device whether the manufacturer provided data off. Regardless, upon the next key-on, (AECD) approved by the Administrator. the engine control would start off in and/or engineering evaluation There may be malfunctions of the MIL adequately demonstrates that the ‘‘normal’’ operating mode and would return to the ‘‘abnormal’’ operating itself that would prevent it from alternative protocols can evaluate illuminating. A repair technician—or system performance and detect mode only if the condition causing the abnormal mode was again encountered. possibly an I/M inspector—would still malfunctions in a manner that is equally be able to determine the status of the effective and timely. Alternative In such cases, we are allowing that the MIL be illuminated during the second MIL (i.e., commanded ‘‘on’’ or ‘‘off’’) by strategies requiring, on average, more reading electronic information available than six driving cycles for MIL consecutive drive cycle during which such an ‘‘abnormal’’ mode is engaged.15 through a scan tool, but there would be illumination would probably not be no indication to the driver of an accepted. Whether or not the ‘‘abnormal’’ mode of operation is recoverable, in this emissions-related malfunction should As proposed, upon storage of either a one occur. Unidentified malfunctions pending DTC and/or a MIL-on DTC, we context, has nothing to do with whether the detected malfunction goes away or may cause excess emissions to be are requiring that the computer store a emitted from the vehicle and may even set of ‘‘freeze frame’’ data. These freeze stays. Instead, it depends solely on whether or not the engine, by design, cause subsequent deterioration or frame data will provide a snap shot of failure of other components or systems engine operating conditions present at will stay in abnormal operating mode on the next key-on. We are requiring this without the driver’s knowledge. In order the time the malfunction occurred and to prevent this, the manufacturer must was detected. This information serves MIL logic because often the diagnostic (i.e., monitor) that caused the engine to ensure that the MIL is functioning the repair technician in diagnosing the properly. For this reason and consistent problem and conducting the proper enter abnormal mode cannot run again once the engine is in the abnormal with our proposal, we are requiring two repair. The freeze frame data should be checks of the functionality of the MIL stored upon storage of a pending DTC. mode. So, if the MIL logic associated with abnormal mode activation was itself. First, the MIL will be required to If the pending DTC matures to a MIL-on illuminate for a minimum of five DTC, the manufacturer can choose to always a two-trip diagnostic, abnormal mode activation would set a pending seconds when the vehicle is in the key- update the freeze frame data or retain on, engine-off position. This allows an the freeze frame stored in conjunction 14 ‘‘Ignition Cycle’’ means a drive cycle that interested party to check the MIL’s with the pending DTC. Likewise, any begins with engine start and includes an engine functionality simply by turning the key speed that exceeds 50 to 150 rotations per minute to the key-on position. While the MIL 12 This general ‘‘three trip’’ condition for (rpm) below the normal, warmed-up idle speed (as would be physically illuminated during extinguishing the MIL is true for all but two diesel determined in the drive position for vehicles systems/monitors—the misfire monitor and the SCR equipped with an automatic transmission) for at this functional check, the data stream system—and three gasoline systems/monitors—the least two seconds plus or minus one second. value for the MIL command status fuel system, the misfire monitor, and the 15 Note that we use the term ‘‘abnormal’’ to refer would be required to indicate ‘‘off’’ evaporative system—which have further conditions to an operating mode that the engine is designed to during this check unless, of course, the on extinguishing the MIL. This is discussed in more enter upon determining that ‘‘normal’’ operation detail in sections II.B and II.C. cannot be maintained. Therefore, the term MIL was currently being commanded 13 For simplicity, the discussion here refers to ‘‘abnormal’’ is somewhat of a misnomer since the ‘‘on’’ for a detected malfunction. This ‘‘previous-MIL-on’’ DTCs only. The ISO 15765 engine is doing what it has been designed to do. functional check of the MIL is not standard and the SAE J1939 standard use different Nonetheless, the abnormal operating mode is required during vehicle operation in the terms to refer to the concept of a previous-MIL-on clearly not the operating mode the manufacturer DTC. Our intent is to present the concept of our has intended for optimal operation. Such operating key-on, engine-off position subsequent proposal in this preamble and not to specify the modes are sometimes referred to as ‘‘default’’ to the initial engine cranking of an terminology used by these standard making bodies. operating modes or ‘‘limp-home’’ operating modes. ignition cycle (e.g., due to an engine

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stall or other non-commanded engine ‘‘ready.’’ This serves to protect against conditions can make evaluation shutoff). drivers disconnecting their battery just difficult). Importantly, manufacturers The second functional check of the prior to the I/M inspection so as to erase are prohibited from using a monitoring MIL is a circuit continuity check of the any MIL-on DTCs. Such an action strategy that is so restrictive such that it electrical circuit that is used to would simultaneously set all readiness rarely or never runs. To help protect illuminate the MIL to verify that the status indicators to ‘‘not ready’’ against monitors that rarely run, we are circuit is not shorted or open (e.g., a resulting in a notice to return to the requiring an ‘‘in-use monitor burned out bulb). While there would not inspection site at a future date. performance ratio’’ requirement which be an ability to illuminate the MIL when Readiness indicators also help repair is detailed in section II.E. such a malfunction is detected, the technicians because, after completing a The set of operating conditions that electronically readable MIL command repair, they can operate the vehicle until must be met so that an OBD monitor can status in the onboard computer would the readiness status indicates ‘‘ready’’ run are called the ‘‘enable criteria’’ for be changed from commanded ‘‘off’’ to and, provided no DTCs are stored, know that given monitor. These enable criteria ‘‘on’’. This would allow the truck owner that the repair has been successful. We are often different for different monitors or fleet maintenance staff to quickly are requiring that HDOBD systems and may well be different for different determine whether an extinguished MIL follow this same readiness status logic types of engines. A large diesel engine means ‘‘no malfunctions’’ or ‘‘broken as used for years in light-duty OBD both intended for use in a Class 8 truck MIL.’’ It would also serve, should it to assist repair technicians and to would be expected to see long periods become of interest in the future, facilitate potential future HDOBD I/M of relatively steady-state operation complete automation of the I/M process programs. while a smaller engine intended for use by eliminating the need for inspectors to We are also allowing the in an urban delivery truck would be input manually the results of their manufacturer, upon Administrator expected to see a lot of transient visual inspections. Feedback from approval, to use the MIL to indicate operation. Manufacturers will need to passenger car I/M programs indicates which, if any, DTCs are currently stored balance between a rather loose set of that the current visual bulb check (e.g., to ‘‘blink’’ the stored codes). The enable criteria for their engines and performed by inspectors is subject to Administrator will approve the request vehicles given the very broad range of error and results in numerous vehicles if the manufacturer can demonstrate operation HD highway engines see and being falsely failed or passed. By that the method used to indicate the a tight set of enable criteria given the requiring monitoring of the circuit itself, DTCs will not be unintentionally desire for greater monitor accuracy. the entire pass/fail criteria of an I/M activated during any inspection test or b. General Monitoring Conditions program could be determined by the during routine driver operation. electronic information available through i. Monitoring Conditions for All Engines a scan tool, thus better facilitating quick 3. Monitoring Conditions As guidance to manufacturers, we are and effective inspections and a. Background providing the following criteria to assist minimizing the chance for manually- manufacturers in developing their OBD entered errors. Unlike our proposal, the Given that the intent of the OBD requirements is to monitor the emission enable criteria. These criteria will be final rule does not require this circuit used by the Agency during our OBD continuity check of the MIL circuit for control system for proper operation, it is logical that the OBD monitors be certification approval process to ensure systems that employ light emitting that monitors run on a frequent basis 16 designed such that they monitor the diode (LED) MILs. These systems are during real world driving conditions. very robust and circuit checks are very emission control system during typical driving conditions. While many OBD These criteria will be: difficult and, we believe, unnecessary. • The monitors should run during monitors would be designed such that We do not want to discourage their use conditions that are technically they are continuously making decisions or encourage use of bulb-based MILs necessary to ensure robust detection of about the operational status of the over LED MILs via our OBD malfunctions (e.g., to avoid false passes engine, many—and arguably the most requirements. and false indications of malfunctions); critical—monitors are not so designed. As proposed, the MIL may be used to • The monitor enable criteria should For example, an OBD monitor whose indicate readiness status in a ensure monitoring will occur during function is to monitor the active fuel standardized format (see Section II.F) in normal vehicle operation; and, the key-on, engine-off position. injection system of a NOX adsorber or a • Monitoring should occur during at Readiness status is a term used in light- DPF cannot be continuously monitoring least one test used by EPA for emissions duty OBD that refers to a vehicle’s that function since that function occurs verification—either the HD Federal Test readiness for I/M inspection. For a on an infrequent basis. This OBD Procedure (FTP) transient cycle, or the subset of monitors—those that are non- monitor presumably would be expected Supplementary Emissions Test (SET).17 continuous monitors for which an to ‘‘run,’’ or evaluate the active injection As discussed in more detail in emissions threshold exists (see sections system, during an actual fuel injection sections II.B through II.D, we are II.B and II.C for more on emissions event. requiring that manufacturers define the thresholds)—a readiness status indicator For this reason, manufacturers are monitoring conditions, subject to must be stored in memory to indicate allowed to determine the most Administrator approval, for detecting whether or not that particular monitor appropriate times to run their non- the malfunctions required by this rule. has run enough times to make a continuous OBD monitors. This way, The Administrator would determine if diagnostic decision. Until the monitor they are able to make an OBD evaluation the monitoring conditions proposed by has run sufficient times, the readiness either at the operating condition when the manufacturer for each monitor abide status would indicate ‘‘not ready’’. an emission control system is active and by the above criteria. Upon running sufficient times, the its operational status can best be In general, except as noted in sections readiness status would indicate evaluated, and/or at the operating II.B through II.D, the regulation requires condition when the most accurate 16 See proposed § 86.010–18(i)(3)(iii)(E) and evaluation can be made (e.g., highly 17 See 40 CFR part 86, subpart N for details of compare to the final § 86.010–18(i)(3)(iii)(E). transient conditions or extreme EPA’s test procedures.

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each monitor to run at least once per performance of the following monitors appropriate emissions test cycle during driving cycle in which the applicable in the standardized format specified in which their monitors will run. Unlike monitoring conditions are met. It also section II.E: our proposal, we have removed the requires certain monitors to run • Diesel NMHC converting catalyst(s) requirement that the manufacturer continuously throughout the driving • Diesel NOX converting catalyst(s) choose the cycle over which the most cycle. These include a few threshold • Gasoline catalyst(s) stringent monitor would result.18 We monitors (e.g., fuel system monitor) and • Exhaust gas sensor(s) have made this change to provide most circuit continuity monitors. While • Gasoline evaporative system manufacturers the flexibility to develop a basic definition of a driving cycle (e.g., • Exhaust gas recirculation (EGR) robust monitors that meet all applicable from ignition key-on and engine startup system requirements of the rule rather than to engine shutoff) has been sufficient for • Variable valve timing (VVT) system requiring the most stringent monitor • passenger cars, the driving habits of Gasoline secondary air system with disregard for its robustness. That • many types of vehicles in the heavy- Diesel particulate filter system said, the Administrator retains the right • duty industry dictate an alternate Diesel boost pressure control to challenge the manufacturer’s choice definition. Specifically, many heavy- system • of cycles. While we do not necessarily duty operators will start the engine and Diesel NOX adsorber(s) anticipate challenging a manufacturer’s leave it running for an entire day or, in The OBD system is not required to determination of which test cycle to use, some cases, even longer. As such, any track and report in-use performance for the final regulations make clear that the period of continuous engine-on monitors other than those specifically manufacturer should be prepared, operation of four hours will be identified above. perhaps with test data, to justify their considered a complete driving cycle. A iii. In-Use Performance Ratio determination. new driving cycle would begin Requirement We are eliminating our requirement following such a four hour period, that, for engines equipped with regardless of whether or not the engine We are also requiring manufacturers emission controls that experience had been shut down. Thus, the ‘‘clock’’ to define, for all 2013 and subsequent infrequent regeneration events (e.g., a model year engines, monitoring for monitors that are required to run DPF and/or a NO adsorber), a conditions that, in addition to meeting X once per driving cycle would be reset to manufacturer must adjust the emission the general monitoring conditions, run again (in the same key-on engine test results for monitors that are ensure that certain monitors yield an in- start or trip) once the engine has been required to indicate a malfunction use performance ratio (which monitors operated beyond four hours before emissions exceed a certain and the details that define the continuously. This would avoid an emission threshold.19 For each such performance ratio are defined in section unnecessary delay in detection of monitor, the manufacturer need not II.E) that meets or exceeds the minimum malfunctions simply because the heavy- adjust the emission result as done in acceptable in-use monitor performance duty vehicle operator has elected to accordance with the provisions of ratio for in-use vehicles. As proposed, leave the vehicle running continuously section 86.004–28(i) with the we are requiring a minimum acceptable for an entire day or days at a time. component for which the malfunction in-use monitor performance ratio of Consistent with our proposal, criteria are being established having 0.100 for all monitors specifically manufacturers may request been deteriorated to the malfunction required to track in-use performance. Administrator approval to define threshold. As proposed, the adjusted This means that the monitors listed in monitoring conditions that are not emission value would have to have been section II.A.3.ii above must run and encountered during the FTP cycle. In used for purposes of determining make valid diagnostic decisions during evaluating the manufacturer’s request, whether or not the applicable emission 10 percent of the vehicle’s trips. We the Administrator will consider the threshold is exceeded. degree to which the requirement to run intend to work with industry during the As we noted in our proposal, we during the FTP cycle restricts in-use initial years of implementation to gather believe that this adjustment process for monitoring, the technical necessity for data on in-use performance ratios and monitors of systems that experience defining monitoring conditions that are may revise this ratio as appropriate infrequent regeneration events makes not encountered during the FTP cycle, depending on what we learn. sense and will result in robust monitors, data and/or an engineering evaluation Note that manufacturers may not use we also believe that it could prove to be submitted by the manufacturer which the calculated ratio (or any element overly burdensome for manufacturers. demonstrate that the component/system thereof), or any other indication of For example, a NOX adsorber threshold does not normally function, or monitor frequency, as a monitoring being evaluated by running an FTP monitoring is otherwise not feasible, condition for a monitor. For example, using a ‘‘threshold’’ part (i.e., a NOX during the FTP cycle, and, where the manufacturer would not be allowed adsorber deteriorated such that tailpipe applicable, the ability of the to use a low ratio to enable more emissions are at the applicable manufacturer to demonstrate that the frequent monitoring through diagnostic thresholds) may be considered monitoring conditions will satisfy the executive priority or modification of acceptable provided the NOX adsorber minimum acceptable in-use monitor other monitoring conditions, or to use a does not regenerate during the test, but performance ratio requirement as high ratio to enable less frequent it may be considered unacceptable if the defined below. monitoring. NOX adsorber does happen to regenerate ii. In-Use Performance Tracking 4. Determining the Proper OBD during the test. This could happen Monitoring Conditions Malfunction Criteria because emissions would be expected to In addition to the general monitoring For determining the malfunction increase slightly during the regeneration conditions above, and consistent with criteria for monitors associated with an event thereby causing emissions to be our proposal, we are requiring emissions threshold (see sections II.B 18 See proposed § 86.010(f)(1)(i) and compare to manufacturers to implement software and II.C for more on emissions final § 86.010–18(f)(1)(i). algorithms in the OBD system to thresholds), we are requiring 19 See proposed § 86.010–18(f)(2) and compare to individually track and report in-use manufacturers to determine the final § 86.010–18(f)(2).

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slightly above the applicable threshold. requirements will be as stringent if not plan detailing how the non-compliances This would require the manufacturer to more so than EPA OBD requirements. will be corrected. The plan must be recalibrate the NOX adsorber monitor to As such, should a manufacturer submitted in conjunction with any detect at a lower level of deterioration demonstrate, and the Administrator requests to make use of this provision to ensure that a regeneration event determine, that an OBD system and would be subject to Administrator would not cause an exceedance of the complies with the CARB requirements, approval. Note also that we fully intend threshold during an emissions test. it would be acceptable for EPA to enforce the manufacturer’s plan to After such a recalibration, the emissions certification. We believe this will lead to ensure that any engines sold as non- occurring during the regeneration event an eventual national program. compliant would be corrected. would be lower than before because the 6. Temporary Provisions To Address B. Monitoring Requirements and new ‘‘threshold’’ NO adsorber would X Hardship Due to Unusual Timelines for Diesel-Fueled/ have a slightly higher conversion Circumstances Compression-Ignition Engines efficiency. We are concerned that manufacturers may find themselves in a We have added a new ‘‘temporary Table II.B–1 summarizes the diesel difficult iterative process calibrating hardship’’ provision for the final rule.21 fueled compression ignition emissions such monitors that, in the end, will not Under this new provision, EPA may thresholds at which point a component be correspondingly more effective. We allow a manufacturer to sell non- or system has failed to the point of discuss this in more detail in our compliant engines for a short time requiring an illuminated MIL and a Summary and Analysis of Comments period provided the Administrator stored DTC. Some of these thresholds— document contained in the docket for determines that the non-compliance is specifically, the NOX aftertreatment and this rule. for reasons outside the manufacturer’s NOX sensor thresholds for 2010 through control. Examples of such reasons may 2012—differ from what was proposed. 5. Demonstrating Compliance With be fires in manufacturer or supplier The differences serve to make the OBD CARB Requirements plants, or ‘‘acts of God’’ such as floods, threshold less stringent than proposed We did not propose that tornados, or hurricanes that have for the purpose of matching thresholds manufacturers be given the opportunity created unforeseen delays in a with technological capabilities.22 We to demonstrate compliance with CARB manufacturer’s ability to comply. have also eliminated the NMHC catalyst OBD requirements for the purpose of This provision is meant to be used for thresholds. We discuss the reasons for satisfying federal OBD. We have long only a limited time (e.g., one to three these changes in brief in the sections had such a provision in our OBD months) and permission to use the that follow and in more detail in our requirements for under 14,000 pound provision would not be granted for the Summary and Analysis of Comments applications. For the final rule, we have purpose of delaying implementation for document contained in the docket for included such a provision but want to a model year. Further, the provision this rule. More detail regarding the final make clear that this provision should includes in it an expectation that non- monitoring requirements, not be interpreted as meaning that a compliances would be corrected as implementation schedules, and CARB approval equates to an EPA quickly as possible, and we would liabilities can be found in the sections approval.20 We believe that CARB OBD require that the manufacturer submit a that follow.

TABLE II.B–1—EMISSIONS THRESHOLDS FOR DIESEL FUELED CI ENGINES OVER 14,000 POUNDS

Component/monitor MY NMHC CO NOX PM

NOX catalyst system ...... 2010–2012 ...... +0.6 ...... 2013+ ...... +0.3 ...... DPF system ...... 2010–2012 2.5x ...... 0.05/+0.04 2013+ 2x ...... 0.05/+0.04 Air-fuel ratio sensors upstream ...... 2010–2012 2.5x 2.5x +0.3 0.03/+0.02 2013+ 2x 2x +0.3 0.03/+0.02 Air-fuel ratio sensors downstream ...... 2010–2012 2.5x ...... +0.3 0.05/+0.04 2013+ 2x ...... +0.3 0.05/+0.04 NOX sensors ...... 2010–2012 ...... +0.6 0.05/+0.04 2013+ ...... +0.3 0.05/+0.04 ‘‘Other monitors’’ with emissions thresholds (see section II.B) ...... 2010–2012 2.5x 2.5x +0.3 0.03/+0.02 2013+ 2x 2x +0.3 0.03/+0.02 Notes: MY = Model Year; 2.5x means a multiple of 2.5 times the applicable emissions standard or family emissions limit (FEL); +0.3 means the standard or FEL plus 0.3; 0.05/+0.04 means an absolute level of 0.05 or an additive level of the standard or FEL plus 0.04, whichever level is higher; not all monitors have emissions thresholds but instead rely on functionality and rationality checks as described in section II.D.4.

There are exceptions to the emissions at which point a functional check would that tailpipe emissions would increase. thresholds shown in Table II.B–1 be allowed. We do not want emissions to increase, whereby a manufacturer can Note that, in general, the monitoring even for short durations, for the sole demonstrate that emissions do not strategies designed to meet the purpose of monitoring the systems exceed the threshold even when the requirements should not involve the intended to control emissions. The component or system is non-functional alteration of the engine control system Administrator will consider such or the emissions control system such monitoring strategies on a case-by-case

20 See § 86.010–18(a)(5) which is new in the final 21 See final § 86.010–18(a)(6). 22 See proposed § 86.010–18(g), Table 1, and regulations. Also see § 86.010–18(m)(3) which is compare to final § 86.010–18(g), Table 1. new in the final regulations.

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basis taking into consideration the For unit injector fuel systems, the continuously for misfire during the full emissions impact and duration of the final rule allows the fuel system operating range and detect a monitoring event. However, much effort pressure control, injection quantity, and malfunction prior to emissions has been expended in recent years to injection pressure to be monitored using exceeding the thresholds for ‘‘other minimize engine operation that results functional checks in lieu of monitoring monitors.’’ in increased emissions and we for conditions that would cause For the final rule, we have made only encourage manufacturers to develop emissions to exceed the OBD thresholds monitoring strategies that do not require for model years 2010 through 2012. one change to the misfire monitoring alteration of the basic control system. Threshold monitoring on unit injector requirements for CI engines. In the The remaining discussion in Section fuel system injection pressure, quantity proposal, we stated that, if more than II.B focuses solely on changes made to and timing will be required for model one cylinder is misfiring continuously, the monitoring requirements for the year 2013 and beyond. For common rail a separate DTC must be stored final rule relative to the proposed rule. systems, the regulation remains indicating that multiple cylinders are We have not restated the rationale for unchanged with threshold detection misfiring. In the final rule, we state that, each monitor, the monitoring required for fuel system pressure if more than one cylinder is misfiring requirements, or the expected control, injection quantity, and injection continuously or if more than one but monitoring strategies, etc. For such pressure for model years 2010 and less than half of the cylinders is discussion, we refer the reader to our beyond. misfiring continuously, a separate DTC proposal (72 FR 3200). Regarding monitoring conditions, the must be stored indicating that multiple final rule remains unchanged on 23 1. Fuel System Monitoring cylinders are misfiring. To make use common rail systems from the proposal of this additional provision, the We proposed that fuel system of once per drive cycle for injection manufacturer must receive malfunctions related to injection pressure and quantity for model years Administrator approval. We are making pressure, injection timing, injection 2010 to 2012 in addition to constant fuel quantity, and feedback control be this change because we believe that, for pressure monitoring. On 2013 and later some systems, a perfectly acceptable individually detected prior to emissions common rail fuel systems, we are monitor can be developed without exceeding the thresholds for ‘‘other requiring continuous monitoring of sacrificing malfunction detection. monitors.’’ Further, we proposed that pressure control and, in a change from pressure and feedback related our proposal, injector quantity and 3. Exhaust Gas Recirculation (EGR) malfunctions be monitored injector timing monitoring must be done System Monitoring continuously and that quantity and when conditions are met (rather than timing related malfunctions be once per trip). On unit injector systems We proposed that malfunctions of the monitored once per trip. For the final for model years 2010 to 2012, the EGR system related to low flow, high rule, we are requiring fuel system monitors for fuel system pressure flow, slow response, feedback control, monitoring for CI engines be consistent control, injection quantity, and injection and cooler performance be detected with our proposal with a few timing are required once per drive cycle. prior to emissions exceeding the exceptions. For model years 2013 and beyond, unit thresholds for ‘‘other monitors.’’ We have added a new combined injector systems are required to monitor Further, we proposed that flow and monitor option for fuel injection pressure, injector quantity and injector feedback related malfunctions be systems. Under this option, the three timing when conditions are met. monitored continuously, response discrete malfunction criteria for unit We are making these fuel injection related malfunctions be monitored injector systems (pressure, quantity, and system monitoring changes because of whenever conditions were met, and that timing) may be combined into one the system monitoring capability malfunction. The two discrete cooler malfunctions be monitored once differences between unit injector and per trip. malfunction criteria for common rail common rail systems, while systems (quantity and timing) may be maintaining the intent of malfunction For the final rule, we have not made combined into one malfunction. If monitoring to indicate a failed any changes to the EGR requirements choosing the combined monitoring component. We believe that the except to provide more clarity to the option on either type system, the monitoring strategies manufacturers are provisions allowing for temporary manufacturer must demonstrate with expected to use in the interim time disablement of continuous data that the combined monitoring frame and future system design will monitoring.24 This new provision strategy can detect a component failure result in robust monitoring of the fuel allows the OBD system, with approval, by some combination of the individual system without sacrificing malfunction to disable temporarily the EGR system monitors, a rationality check between detection. The fuel system strategies monitor(s) under specific ambient the discrete monitors or the downstream based on hardware diverge in model conditions (e.g., when freezing may effect of the failed component. For years 2010 to 2012 to account for the affect performance of the system) or threshold monitoring, the manufacturer monitoring capabilities but again during specific operating conditions is expected to demonstrate with data converge in model years 2013 for as (e.g., transients, extreme low or high that the combined monitor correctly much commonality as possible. We flow conditions). Even then, the system detects the operating conditions of the discuss our rationale in more detail in must still maintain comprehensive fuel injector and indicates the our Summary and Analysis document component monitoring as required by component malfunction prior to contained in the docket for this rule. the comprehensive component exceeding the threshold level required monitoring requirements.25 by the regulation. The intent of the 2. Engine Misfire Monitoring combined monitor is to effectively We proposed that, for 2010–2012, a 23 See § 86.010–18(g)(2)(ii)(A) for diesel-fueled detect and indicate fuel system injector continuous engine misfire be detected engines. malfunctions although the direct cause during engine idle. For 2013 and later, 24 See § 86.010–18(g)(3)(iii)(D) for diesel-fueled of the failure (quantity, timing and/or we proposed that engines equipped engines. pressure) is unknown. with combustion sensors monitor 25 See § 86.010–18(i)(3).

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4. Turbo Boost Control System converting catalyst be used to assist loss of NMHC conversion at the levels Monitoring other aftertreatment devices, that required for threshold monitoring. We We proposed that malfunctions of the malfunctions be detected if that believe that the primary function of the boost control system related to assistance is no longer occurring. NMHC catalyst will be exotherm underboost, overboost, variable Further, we proposed that conversion generation which is a monitoring geometry slow response, feedback efficiency and aftertreatment assistance requirement we have maintained and control, and undercooling be detected be monitoring once per trip. broadened. Further, we believe that the prior to emissions exceeding the For the final rule, we have eliminated exotherm monitor will also serve to thresholds for ‘‘other monitors.’’ the OBD thresholds associated with provide the detection of lost NMHC Further, we proposed that underboost, monitoring of NMHC converting conversion and will do so in a more catalysts (e.g., the diesel oxidation overboost, and feedback related timely fashion than a direct monitoring catalyst, or DOC). We have also malfunctions be monitored of NMHC conversion via exhaust gas eliminated the need to monitor the continuously, that slow response related sensors since those sensors appear malfunctions be monitored whenever NMHC converting catalyst’s ability to generate the proper feedgas for other unlikely to be able to detect NMHC conditions were met, and that conversion loss until it is completely undercooling related malfunctions be aftertreatment devices. We have maintained, as was proposed, the lost. Similar arguments exist for monitored once per trip. eliminating the feedgas monitoring One change we have made to the requirements to monitor for some level of NMHC conversion and for the ability requirement—we know of no robust turbo boost control system monitoring method to detect this loss given today’s requirements for the final rule is to add to generate and sustain the necessary sensor technology. We discuss our the phrase, ‘‘on engines so equipped’’ or exotherm for catalysts used as part of rationale in more detail in our Summary equivalent.26 We have added this phrase the regeneration strategy of other 28 and Analysis document contained in the to clarify that, for engines that do not aftertreatment devices. As part of this control the turbo boost control system as latter requirement, we have added a docket for this rule. provision requiring the OBD system to suggested by the proposed requirements 6. Selective Catalytic Reduction (SCR) detect when the NMHC converting the provision would not apply or would and Lean NOX Catalyst Monitoring apply differently. For example, our catalyst is unable to generate a 100 proposal required that the OBD system degree Celsius temperature rise, or to We proposed that malfunctions detect when the turbo boost control achieve the necessary regeneration related to conversion efficiency, active/ system was unable to achieve the temperature, within 60 seconds of intrusive reductant delivery, active/ commanded boost. However, some initiating a forced regeneration event. intrusive reductant quantity, active/ manufacturers use a system that does Further, the OBD system must detect the intrusive reductant quality, and not in fact command a particular boost inability to sustain the necessary feedback control be detected prior to pressure (i.e., it is not a closed loop regeneration temperature for the emissions exceeding the thresholds for duration of the regeneration event. We feedback system). For such systems, the ‘‘NO catalyst system.’’ Further, we have also added a provision that the X final rule makes clear that the system proposed that conversion efficiency and regeneration system be shut down (i.e., must detect when the turbo boost reductant quality be monitored once per the forced regeneration must be aborted) control system is unable to achieve the in the event that the regeneration trip and that reductant delivery, commanded boost, or the expected temperature cannot be attained or quantity, and feedback control be boost for systems that do not control sustained. The manufacturer would be monitored continuously. boost pressure. The change does not allowed to define the monitoring We have made no changes to the SCR impact the intent behind the proposed conditions for this monitor to ensure and/or lean NOX catalyst monitoring requirements and only serves to provide that a robust monitoring event would be requirements relative to our proposal clarity to manufacturers. We discuss our possible. This requirement is meant to except that we have increased the NO rationale in more detail in our Summary X ensure that NMHC emissions will not be threshold at which malfunctions must and Analysis document contained in the excessive during a prolonged and docket for this rule. be detected. We proposed a threshold of We have also made a minor change to unsuccessful attempt at generating an the NOX FEL+0.3 g/bhp-hr and are the turbo boost monitoring conditions. exotherm for regeneration. As an finalizing a threshold of the NOX We have added a provision that alternative, the manufacturer may FEL+0.6 g/bhp-hr. This revised provides clarity to the requirement to submit, for Administrator approval, threshold applies only to model years monitor continuously certain their NMHC catalyst exotherm monitor 2010 through 2012. As proposed, the parameters. This provision does not strategy and, if equivalent in threshold for model years 2013 and later effectiveness, could use that strategy change the intent of the proposed remains the NOX FEL+0.3 g/bhp-hr. We requirement, but only serves to provide instead of the criteria described here. have made this change because the state Lastly, we have added a provision clarity to the requirement.27 of NOX sensor technology expected for whereby a manufacturer can ‘‘test out’’ the 2010 model year is not sufficient for 5. Non-Methane Hydrocarbon (NMHC) of monitoring a NMHC catalyst located the proposed threshold. We expect that Converting Catalyst Monitoring downstream of a DPF provided its to improve for model years 2013 and We proposed that malfunctions failure will not cause NMHC emissions later.29 We discuss our rationale in more related to NMHC conversion efficiency to exceed the applicable NMHC detail in our Summary and Analysis be detected prior to emissions exceeding standard. document contained in the docket for We have made these changes for the the thresholds for ‘‘NMHC catalyst.’’ We this rule. also proposed that, should the NMHC final rule because we have been convinced by manufacturers that there 29 Please refer to our Final Technical Support 26 See § 86.010–18(g)(4)(ii) for diesel-fueled exists no robust method of detecting Document contained in the docket for this rule engines. (EPA420–R–08–019, Document ID No. EPA–HQ– 27 See § 86.010–18(g)(4)(iii)(D) for diesel-fueled 28 See § 86.010–18(g)(5) for the final NMHC OAR–2005–0047–0056) which contains our latest engines. catalyst requirements for diesel-fueled engines. understanding of NOX sensor technology.

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7. NOX Adsorber System Monitoring We believe that such a requirement is, monitoring events are limited to We proposed that malfunctions in effect, the same as a threshold operation following a successful DPF related to adsorber system capability, requirement for most DPF systems to be regeneration. This is to ensure that a active/intrusive reductant delivery, and certified in the 2010 through 2012 confirmed leak will not ‘‘fill up’’ with feedback control be detected prior to timeframe. Those systems are expected PM and begin to look like an acceptable emissions exceeding the thresholds for to use a delta pressure approach to DPF DPF. If monitoring events were allowed monitoring and we expect that ‘‘NOX catalyst system.’’ Further, we to occur as the leak filled up, the OBD proposed that adsorber capability be manufacturers will design that monitor system may inadvertently determine monitored once per trip and that to detect the smallest hole feasible that the DPF substrate was not reductant delivery and feedback control which, we believe, will result in a compromised. Limiting subsequent be monitored continuously. decrease in the expected pressure drop monitoring events (i.e., those following For the final rule, we have changed somewhere around the level we are a malfunction determination) to nothing with respect to the NOX requiring. Manufacturers would then operation following a complete adsorber monitoring requirements with determine the emissions impact regeneration of the DPF will ensure that the exception of revising the NOX associated with that hole and hope that no PM has filled up the crack or hole. threshold for model years 2010 through it meets our threshold requirement. If it did not, we would probably certify the We discuss all of these changes in 2012 to the NOX FEL+0.6 from the NOX more detail in our Summary and FEL+0.3. We have made this change for system with a deficiency presuming the manufacturer had made a good faith Analysis of Comments document the same reasons noted above for SCR contained in the docket for this rule. monitoring. We discuss our rationale in effort at compliance and the monitor more detail in our Summary and met our deficiency requirements.32 We 9. Exhaust Gas Sensor Monitoring Analysis document contained in the would not want to refuse to certify it docket for this rule. since it would be doing the maximum We proposed that malfunctions that the delta pressure approach could related to sensor performance be 8. Diesel Particulate Filter (DPF) System feasibly do. We would prefer to certify detected prior to emissions exceeding Monitoring such a system to the decrease in the applicable thresholds. We also We proposed that malfunctions pressure drop requirement without the proposed that malfunctions related to related to the DPF filtering performance, deficiency than to certify it to a circuit integrity, feedback functions, regeneration frequency, regeneration threshold with a deficiency. In the end, monitoring functions, and heater completion, NMHC conversion, active/ the same monitor is being approved. performance and circuit integrity be intrusive reductant injection, and Another change we have made is to detected prior to those functions being feedback control be detected prior to eliminate the NMHC conversion lost. Further, we proposed that sensor emissions exceeding the thresholds for monitoring over DPFs that have some and heater performance be monitored 33 ‘‘DPF system.’’ We also proposed that a NMHC conversion capacity. We have once per trip, that monitoring missing DPF substrate be detected. eliminated this requirement for the functionality be monitored whenever Further, we proposed that all of these same reasons as noted above for NMHC conditions were met, and that circuit functions be monitored whenever converting catalyst monitors. Note that integrity and feedback functionality be conditions were met. we have retained an NMHC threshold monitored continuously. For the final rule, we have made two for the DPF, but it is referenced in changes to the requirements for conjunction with the DPF regeneration For the final rule, we have changed monitoring the DPF system. The first frequency monitor consistent with our nothing with respect to the exhaust gas change is that we have added to the DPF proposal. sensor monitoring requirements with filtering performance monitoring Lastly, we have included some new the exception of revising the NOX sensor requirement an optional requirement monitoring requirements for those monitor NOX threshold for model years whereby the OBD system can conduct, systems certified to our optional 2010 through 2012 to the NOX FEL+0.6 in effect, a functional check of the DPF. backpressure loss provision.34 An from the NOX FEL+0.3. We have made A system using this approach would be important element of these new this change for the same reasons noted required to detect a change in the monitoring conditions is the distinction above for the NOX aftertreatment pressure drop across the DPF relative to between conditions used for monitoring requirements. We discuss the nominal pressure drop across a malfunction determinations versus our rationale in more detail in our clean filter and a properly working subsequent passing determinations. The Summary and Analysis document device.30 In effect, if the DPF substrate new provisions allow for a malfunction contained in the docket for this rule. determination during any successful has been compromised, the failure must C. Monitoring Requirements and monitoring event. However, subsequent be detected if it results in a decrease in Timelines for Gasoline/Spark-Ignition the expected pressure drop equal to or Engines greater than a defined level, or a nominal, clean filter when operating the engine at the 50% speed, 50% load operating point (as detectable change in pressure drop, specified in test cycle and procedures for the Table II.C–1 summarizes the gasoline relative to a clean filter.31 supplemental emissions test (SET) in § 86.1360– fueled spark ignition emissions 2007.) thresholds at which point a component 30 See § 86.010–18(g)(8)(ii)(A) for diesel-fueled 32 See § 86.010–18(n). or system has failed to the point of 33 engines. See proposed § 86.010–18(g)(8)(ii)(D). requiring an illuminated MIL and a 31 The detectable change in pressure drop is 34 See § 86.010–18(g)(8)(iii) for diesel-fueled defined as 0.5 times the observed pressure drop on engines. stored DTC.

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TABLE II.C–1—EMISSIONS THRESHOLDS FOR GASOLINE FUELED SI ENGINES OVER 14,000 POUNDS

Component/monitor MY NMHC CO NOX

Catalytic converter system ...... 2010+ 1.75x ...... 1 .75x ‘‘Other monitors’’ with emissions thresholds (see section II.C) ...... 2010+ 1.5x ...... 1.5x 1.5x Evaporative emissions control system ...... 2010+ 0.150 inch leak. Notes: MY=Model Year; 1.75x means a multiple of 1.75 times the applicable emissions standard; not all monitors have emissions thresholds but instead rely on functionality and rationality checks as described in section II.D.4. The evaporative emissions control system threshold is not, technically, an emissions threshold but rather a leak size that must be detected; nonetheless, for ease we refer to this as the threshold.

Everything shown in Table II.C–1 is which makes it easy for industry to use ECT malfunctions be monitored once unchanged from our proposal. In fact, the same OBD monitors; per trip except that circuit malfunctions we have made only one change in our • The existing OBD requirements for must be monitored continuously. requirements specific to gasoline engines used in vehicles below 14,000 For the final rule, we have changed engines relative to our proposal.35 That pounds have proven effective; and the requirement surrounding the need to change is being made in response to • The industry members have more detect when the coolant temperature requests from industry that would allow than 10 years experience complying for Administrator approval of misfire with the OBD requirements for engines does not warm up to within 20 degrees monitoring disablement under certain used in vehicles below 14,000 pounds. F of the nominal thermostat regulating conditions on engines with more than As a result, our final requirements temperature. This change allows the eight cylinders and/or in situations should allow for OBD system OBD system to use a lower temperature where the manufacturer can consistency in vehicles under and over (lower than 20 degrees below the demonstrate that the best available 14,000 pounds rather than mirroring the nominal regulating temperature) monitoring strategy is not able to detect HD diesel requirements discussed in provided the ambient temperature is the misfire condition. The change we section II.B. Nonetheless, the final between 20 degrees F and 50 degrees F. are making for our final rule is meant to requirements are for engine-based OBD To do so, the manufacturer must present align our disablement allowance, with monitors only rather than monitors for data justifying the new temperature to approval, with similar allowances made the entire powertrain (which would be reached at the lower ambient in the California regulation.36 include the transmission). We are doing temperatures.40 As proposed, there remain exceptions this for the same reasons as done for the to the emissions thresholds shown in diesel OBD requirements in that 3. Crankcase Ventilation System Table II.C–1 whereby a manufacturer certification of gasoline applications Monitoring can demonstrate that emissions do not over 14,000 pounds, like their diesel We proposed that the OBD system exceed the threshold even when the counterparts, is done on an engine basis monitor the CV system on engines so component or system is non-functional and not a vehicle basis. at which point a functional check would equipped for system integrity. For diesel be allowed. D. Monitoring Requirements and engines, we proposed that the Additionally, consistent with our Timelines for Other Diesel and Gasoline manufacturer submit a plan for proposal, the final gasoline monitoring Systems Administrator approval prior to OBD requirements for engines over 14,000 1. Variable Valve Timing and/or Control certification that describes the pounds mirror those that are already in (VVT) System Monitoring monitoring strategy, malfunction place for gasoline engines used in criteria, and monitoring conditions for vehicles under 14,000 pounds. The HD We proposed that VVT system CV system monitoring. Further, we gasoline industry—General Motors and malfunctions related to achieving the proposed that the manufacturer may commanded valve timing and/or control Ford, as of today37—have told us that forego monitoring for a disconnection within a crank angle and/or lift their preference is to use essentially the between the crankcase and the CV valve same OBD system on their engines used tolerance and slow system response be detected prior to emissions exceeding provided the CV system is designed in both under and over 14,000 pound such that it uses tubing connections vehicles.38 In general, we agree with the the thresholds for ‘‘other monitors.’’ Further, we proposed that these between the CV valve and the crankcase HD gasoline industry on this issue for that are resistant to failure. We also three reasons: malfunctions be monitored whenever • conditions were met rather than once proposed that the manufacturer may The engines used in vehicles above forego monitoring for a disconnection and below 14,000 pounds are the same per trip. The final requirements for VVT between the CV valve and the intake manifold provided the CV system is 35 There are some changes discussed in section system monitoring are identical to the II.D that pertain to both gasoline and diesel proposed requirements.39 designed such that any disconnection applications. either causes the engine to stall 2. Engine Cooling System Monitoring 36 See CCR 1971.1(f)(2.3.4)(D) and CCR immediately during idle operation, or is 1971.1(f)(2.3.5) and compare to § 86.010– We proposed that cooling system 18(h)(2)(iii)(D) and § 86.010(h)(2)(iii)(E), unlikely to occur due to a CV system respectively. malfunctions related to proper design that is integral to the induction 37 This is true according to our certification thermostat function and engine coolant system (e.g., machined passages rather database for the 2004, 2005, and 2006 model years. temperature (ECT) sensor readings be than tubing or hoses). Other manufacturers certify engines that use the detected. Further, we proposed that Otto cycle, but those engines do not burn gasoline malfunctions tied to the thermostat be The final requirements for crankcase and instead burn various alternative fuels. ventilation system monitoring are 38 ‘‘EMA Comments on Proposed HDOBD monitored once per trip and that most Requirements for HDGE,’’ bullet items 3 and 4; April 28, 2005, Docket ID# EPA–HQ–OAR–2005– 39 See § 86.010–18(g)(10) for diesel-fueled engines 40 See § 86.010–18(i)(1) for the final cooling 0047–0003. and § 86.010–18(h)(9) for gasoline-fueled engines. system monitoring requirements.

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identical to the proposed done).44 We are making this change for and may well be different for different requirements.41 the 2010 through 2012 model years types of engines. A large diesel engine because we do not believe that the time intended for use in a Class 8 truck 4. Comprehensive Component Monitors available for 2010 implementation is would be expected to see long periods We proposed that, in general, the OBD sufficient for all manufacturers to make of relatively steady-state operation system must detect a malfunction of any the changes necessary to conduct while a smaller engine intended for use electronic engine component or system functional checks, but we believe that in an urban delivery truck would be that either provides input to or receives such checks are important and should expected to see a lot of transient commands from the onboard be done for 2013 and later. operation. Manufacturers will need to computer(s). Further, we proposed that balance between a rather loose set of 5. Other Emissions Control System malfunctions related to circuit enable criteria for their engines and Monitoring continuity and/or out-of-range values be vehicles given the very broad range of monitored continuously and that We proposed monitoring of other operation HD highway engines see and malfunctions related to input data emission control systems that are not a tight set of enable criteria given the rationality and/or output component otherwise specifically addressed and desire for greater monitor accuracy. functional response be monitored that the manufacturer submit a plan for Manufacturers would be required to whenever conditions were met. Administrator approval of the design these enable criteria so that the For the final rule, we have made monitoring strategy, malfunction monitor: several changes to the proposed criteria, and monitoring conditions prior • Is robust (i.e., accurate at making requirements for comprehensive to introduction on a production engine. pass/fail decisions); component monitoring. The first of The final requirements for other • Runs frequently in the real world; those changes is to revise the provisions emission control system monitoring are and concerning the emission effect that identical to the proposed requirements. • In general, also runs during the FTP determines what must be monitored as 6. Exceptions to Monitoring heavy-duty transient cycle. a comprehensive component. In the Requirements If designed incorrectly, these enable proposed rule, we provided a general set criteria may be either too broad and We proposed that certain monitors of parameters that fit within the result in inaccurate monitors, or overly could be disabled under specific comprehensive component concept. For restrictive thereby preventing the conditions related generally to ambient example, components that provide monitor from executing frequently in conditions. Further, we proposed that input to or received commands from the the real world. most such disablements be approved by engine computer along with specific Since the primary purpose of an OBD 42 the Administrator. examples of such components. We system is to monitor for and detect The final requirements for exceptions then stated that any such component emission-related malfunctions while the to monitoring are identical to the that could effect emissions over any engine is operating in the real world, a proposed requirements. reasonable driving condition must be standardized methodology for monitored. For the final rule, we have E. A Standardized Method To Measure quantifying real world performance changed these emission impacts slightly Real World Monitoring Performance would be beneficial to both EPA and by stating that any such component that manufacturers. Generally, in could cause emissions to exceed As was noted in section II.A.3, manufacturers determine the most determining whether a manufacturer’s emissions standards must be monitoring conditions are sufficient, a monitored.43 We have made this change appropriate times to run the non- continuous OBD monitors. This way, manufacturer would discuss the because we believe it to be consistent proposed monitoring conditions with with the Clean Air Act which states that they are able to make their OBD evaluation either at the operating EPA staff. The finalized conditions OBD systems should monitor would be included in the certification components that could cause or result condition when an emissions control system is active and its operational applications and submitted to EPA staff in failure of the vehicles to comply with who would review the conditions and emission standards established for such status can best be evaluated, and/or at the operating condition when the most make determinations on a case-by-case vehicles (see Section I.C.3 above). basis based on the engineering judgment The second change we have made to accurate evaluation can be made (e.g., highly transient conditions or extreme of the staff. In cases where we are the comprehensive component concerned that the documented monitoring requirements is the change conditions can make evaluation difficult). Importantly, manufacturers conditions may not be met during to the MIL circuit check and the wait- reasonable in-use driving conditions, we to-start lamp circuit check. These are prohibited from using a monitoring strategy that is so restrictive such that it would most likely ask the manufacturer changes were discussed in Section for data or other engineering analyses II.A.2 above. rarely or never runs. To help protect against monitors that rarely run, we used by the manufacturer to determine We have also changed the that the conditions would occur in-use. requirements for monitoring of glow proposed an ‘‘in-use monitor performance ratio’’ requirement. The In requiring a standardized plugs in the 2010 through 2012 model methodology for quantifying real world years. During those model years, glow final rule contains the same requirement without changes.45 performance, we believe this review plugs must be monitored for circuit process can be done more efficiently checks only. For model years 2013 and The set of operating conditions that must be met so that an OBD monitor can than would occur otherwise. later, we have not made any changes to Furthermore, it would serve to ensure our proposal (functional checks must be run are called the ‘‘enable criteria’’ for that given monitor. These enable criteria that all manufacturers are held to the same standard for real world 41 See § 86.010–18(i)(2) for the final CV system are often different for different monitors monitoring requirements. performance. Lastly, we want review 42 See proposed and/or final § 86.010–18(i)(3)(i). 44 See § 86.010–18(i)(3)(iii)(D). procedures that will ensure that 43 See final § 86.010–18(i)(3)(i)(A) and compare to 45 This requirement can be found in § 86.010– monitors operate properly and proposed § 86.010–18(i)(3)(i)(A). 18(d). frequently in the field.

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Therefore, manufacturers will be Monitors required to run the problem. Ideally, a technician will required to use a standardized method continuously, by definition, would operate the vehicle in a manner that will for determining real world monitoring always be running thereby making a exercise the appropriate OBD monitor performance and will be liable if minimum frequency requirement moot. and allow the OBD system to confirm monitoring occurs less frequently than a The new frequency requirement that the malfunction is no longer minimum acceptable level, expressed as essentially applies only to those present. This affords a technician the minimum acceptable in-use monitors that are designated as once per highest level of assurance that the repair performance ratio.46 We are also drive cycle or multiple times per drive was indeed successful. However, OBD requiring that manufacturers implement cycle monitors. For all of these monitors that operate infrequently are software in the onboard computer to monitors, manufacturers are required to difficult to exercise and, therefore, track how often several of the major define monitoring conditions that technicians may not be able (or may not monitors (e.g., catalyst, EGR, CDPF, ensure adequate frequency in-use. be likely) to perform such post-repair other diesel aftertreatment devices) Specifically, the monitors need to run evaluations. Despite the service execute during real world driving. The often enough so that the measured information availability requirements onboard computer must keep track of monitor frequency on in-use engines we are promulgating—requirements that how many times each of these monitors will exceed the minimum acceptable manufacturers make all of their service has executed and how much the engine frequency. However, even though the and repair information available to all has been operated. By measuring both of minimum frequency requirement technicians, including the information these values, the ratio of monitor applies to nearly all once per drive cycle necessary to exercise OBD monitors— operation relative to engine operation and multiple times per drive cycle technicians would still find it difficult can be calculated to determine monitors, manufacturers are only to exercise monitors that require monitoring frequency. required to implement software to track infrequently encountered engine The minimum acceptable frequency and report the in-use frequency for a operating conditions (e.g., abnormally requirement will apply to many but not few of the major monitors. These few steady constant speed operation for an all of the OBD monitors. We are monitors generally represent the major extended period of time). Additionally, requiring that monitors operate either emissions control components and the to execute OBD monitors in an continuously, once per drive cycle, or, ones with the most limited enable expeditious manner or to execute in a few cases, multiple times per drive criteria. monitors that would require unusual or cycle (i.e., whenever the proper We believe that OBD monitors should infrequently encountered conditions, monitoring conditions are present). For run frequently to ensure early detection technicians may be required to operate components or systems that are more of emissions-related malfunctions and, the vehicle in an unsafe manner (e.g., at likely to experience intermittent failures consequently, to maintain low freeway speeds on residential streets or or failures that can routinely happen in emissions. Allowing malfunctions to during heavy traffic). If unsuccessful in distinct portions of an engine’s continue undetected and unrepaired for executing these monitors, technicians operating range (e.g., only at high engine long periods of time allows emissions to may even take shortcuts in attempting to speed and load, only when the engine increase unnecessarily. Frequent validate the repair while maintaining a is cold or hot), monitors are required to monitoring can also help to ensure reasonable cost for customers. These operate continuously. Examples of detection of intermittent emissions- shortcuts would likely not be as continuous monitors include most related malfunctions (i.e., those that are thorough in verifying repairs and could electrical/circuit continuity monitors. not continuously present but occur increase the chance that improperly For components or systems that are less sporadically for days and even weeks at repaired engines would be returned to likely to experience intermittent failures a time). The nature of mechanical and the vehicle owner or additional repairs or failures that only occur in specific electrical systems is that intermittent would be performed just to ensure the vehicle operating regions or for malfunctions can and do occur. The less problem is fixed. In the end, monitors components or systems where accurate frequent the monitoring, the less likely that operate less frequently can result in monitoring can only be performed these malfunctions will be detected and unnecessary costs and inconvenience to under limited operating conditions, repaired. Additionally, for both both vehicle owners and technicians. monitors would be required to run once intermittent and continuous per drive cycle. Examples of once per malfunctions, earlier detection is 1. Description of Software Counters To drive cycle monitors typically include equivalent to preventative maintenance Track Real World Performance gasoline catalyst monitors, evaporative in that the original malfunction can be As stated above, manufacturers are system leak detection monitors, and detected and repaired prior to it causing required to track monitor performance output comprehensive component subsequent damage to other by comparing the number of monitoring functional monitors. For components or components. This can help vehicle events (i.e., how often each monitor has systems that are routinely used to operators avoid more costly repairs that run) to the number of driving events perform functions that are crucial to could have resulted had the first (i.e., how often has the vehicle been maintaining low emissions but may still malfunction gone undetected. operated). Our final rule contains this require monitoring under fairly limited Infrequent monitoring can also have requirement as did our proposal. In conditions, monitors are required to run an impact on the service and repair general, we have not changed the each and every time the manufacturer- industry. Specifically, monitors that requirements associated with defined enable conditions are present. have unreasonable or overly restrictive determination of this minimum Examples of multiple times per drive enable conditions could hinder vehicle performance ratio. However, we have cycle monitors typically include input repair services. In general, upon made some minor changes. comprehensive component rationality completing an OBD-related repair to an The first of these is the way in which monitors and some exhaust engine, a technician will attempt to the denominator of the ratio is aftertreatment monitors. verify that the repair has indeed fixed determined for diesel engines. The ratio

46 This minimum acceptable ratio applies in model years 2013 and later, as was proposed.

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of these two numbers would give an operating relative to vehicle operation. indication of how often the monitor is In equation form, this can be stated as:

Number of Monitoring Events (Nummerator) In -Use Performance (Ratio) = Number of Driving Events (Denomin ator)

Specifically, we have changed the accordance with the following intrusive operation of the secondary air denominator provisions which stated specifications. These specifications have system later in the same drive cycle that the denominator would be not changed from the proposal. solely for the purpose of monitoring incremented if, on a single key start, the The numerator(s) are defined as a may not, by itself, be sufficient to meet following criteria were satisfied while measure of the number of times a these criteria. ambient temperature remained above 20 vehicle has been operated such that all The third bullet item above requires degrees Fahrenheit and altitude monitoring conditions necessary for a explanation. There may be monitors remained below 8,000 feet: specific monitor to detect a malfunction designed to use what could be termed • Minimum engine run time of 10 have been encountered. Except for a two stage or two step process. The first minutes; systems using alternative statistical MIL step is usually a passive and/or short • Minimum of 5 minutes, illumination protocols, the numerator is evaluation that can be used to ‘‘pass’’ a cumulatively, of operation at vehicle to be incremented by an integer of one. properly working component where speeds greater than 25 miles-per-hour The numerator(s) may not be ‘‘pass’’ refers to evaluating the for gasoline engines or calculated load incremented more than once per drive component and determining that it is greater than 15 percent for diesel cycle. The numerator(s) for a specific not malfunctioning. The second step is engines; and monitor would be incremented within usually an intrusive and/or longer • At least one continuous idle for a 10 seconds if and only if the following evaluation that is necessary to ‘‘fail’’ a minimum of 30 seconds encountered. criteria are satisfied on a single drive malfunctioning component or ‘‘pass’’ a For the final rule, the second bullet cycle: component nearing the point of failure. has been changed to read: • An example of such an approach might • Every monitoring condition Minimum of 5 minutes, necessary for the monitor of the specific be an evaporative leak detection cumulatively, of operation at vehicle component to detect a malfunction and monitor that uses an intrusive vacuum speeds greater than 25 miles-per-hour store a pending DTC has been satisfied, pull-down/bleed-up evaluation during for gasoline engines or engine speeds including enable criteria, presence or highway cruise conditions. If the greater than 1,150 rotations per minute absence of related DTCs, sufficient evaporative system is sealed tight, the (RPM) for diesel engines. We are also length of monitoring time, and monitor ‘‘passes’’ and is done with allowing diesel engines to employ the diagnostic executive priority testing for the given drive cycle. If the gasoline criteria for the years 2010 assignments (e.g., diagnostic ‘‘A’’ must monitor senses a leak close to the through 2012 but not thereafter.47 execute prior to diagnostic ‘‘B’’). For the required detection limit, the monitor We have made this change because purpose of incrementing the numerator, does not ‘‘pass’’ and an internal flag is we believe that the 1,150 RPM criterion stored that will trigger the second stage is a better measure of work than the satisfying all the monitoring conditions necessary for a monitor to determine of the test during the next cold start 15% load criterion. The purpose of the when a more accurate evaluation can be time at load (i.e., 5 minutes of engine that the component is passing may not, by itself, be sufficient to meet this conducted. On the next cold start, load above 15%) was to have criteria provided the internal flag is set, an that would represent that an engine had criteria. • For monitors that require multiple intrusive vacuum pull-down/bleed up been doing work for at least 5 minutes stages or events in a single drive cycle monitor might be conducted during (300 seconds). After consideration, we engine idle a very short time after the have decided that engine speed above to detect a malfunction, every cold start. This second evaluation stage, 1,150 RPM for 5 minutes is a better monitoring condition necessary for all being at idle and cold, gives a more measure of engine work. events to have completed must be satisfied. accurate indication of the evaporative 2. Performance Tracking Requirements • For monitors that require intrusive system’s integrity and provides for a a. In-Use Monitoring Performance Ratio operation of components to detect a more accurate decision regarding the Definition malfunction, a manufacturer would be presence and size of a leak. required to request Administrator In this example, the second stage of For monitors required to meet the in- approval of the strategy used to this monitor would run less frequently use performance tracking determine that, had a malfunction been in real use than the first stage since it 48 requirements, we are requiring that present, the monitor would have is activated only on those occasions the incrementing of numerators and detected the malfunction. Administrator where the first stage suggests that a leak denominators and the calculation of the approval of the request would be based may be present (which most cars will in-use performance ratio be done in on the equivalence of the strategy to not have). The rate-based tracking actual intrusive operation and the requirements are meant to give a 47 See § 86.010–18(d)(4). ability of the strategy to determine measure of how often a monitor could 48 These monitors, as presented in section II.A.3 (also see 86.010–18(e)(1)), are, for diesel engines: accurately if every monitoring condition detect a malfunction. To know the right The NMHC catalyst, the CDPF system, the NOX was satisfied as necessary for the answer, we need to know how often the adsorber system, the NOX converting catalyst intrusive event to occur. first stage is running and could ‘‘fail’’, system, and the boost system; and, for gasoline • For the secondary air system thus triggering the second stage, and engines: The catalyst, the evaporative system, and the secondary air system; and, for all engines, the monitor, the three criteria above are then how often the second stage is exhaust gas sensors, the EGR system, and the VVT satisfied during normal operation of the completing. If we track only the first system. secondary air system. Monitoring during stage, we would get a false indication of

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how often the monitor could really incrementing specified above for • Components or systems that operate detect a leak. But, if we track only the monitors using the standard MIL only at engine start-up (e.g., glow plugs, second stage, most cars would never illumination protocol, and the overall intake air heaters) and are subject to increment the counter since most cars equivalence of their incrementing monitoring under ‘‘other emission do not have leaks and would not trigger approach in determining that the control systems’’ or comprehensive stage two. minimum acceptable in-use component output components. In considering this, we see two performance ratio has been satisfied. For purposes of determining this possible solutions: (1) Always activate Regarding the denominator(s), defined commanded ‘‘on’’ time, the OBD system the second stage evaluation in which as a measure of the number of times a may not include time during intrusive case there would be an intrusive vehicle has been operated, we are operation of any of the components or monitor being performed that does not requiring that it also be incremented by strategies later in the same drive cycle really need to be performed; or, (2) an integer of one.50 The denominator(s) solely for the purposes of monitoring. implement a ‘‘ghost’’ monitor that may not be incremented more than once In addition to the requirements above, pretends that the first stage evaluation per drive cycle. The general the denominator(s) for the monitors of triggers the second stage evaluation and denominator and the denominators for the following output components then also looks for when the second each monitor would be incremented (except those operated only at engine stage evaluation could have completed within 10 seconds if and only if the start-up as outlined above) must be had it been necessary. The third bullet following criteria are satisfied on a incremented if and only if the item in the list above requires that, if a single drive cycle during which ambient component is commanded to function manufacturer intends to implement a temperature remained at or above 20 (e.g., commanded ‘‘on’’, ‘‘open’’, two stage monitor and intends to degrees Fahrenheit and altitude ‘‘closed’’, ‘‘locked’’) two or more times implement such a ‘‘ghost’’ monitor as remained below 8,000 feet: during the drive cycle or for a time described here for rate based tracking, • Cumulative time since the start of greater than or equal to 10 seconds, great care must be taken to ensure that the drive cycle is greater than or equal whichever occurs first: it is being done correctly and properly. to 600 seconds (10 minutes); • Variable valve timing and/or For monitors that can generate results • Cumulative gasoline engine control system in a ‘‘gray zone’’ or ‘‘non-detection operation at or above 25 miles per hour • ‘‘Other emission control systems’’ zone’’ (i.e., results that indicate neither or diesel engine operation at or above • Comprehensive component (output a passing system nor a malfunctioning 1,150 RPM, either of which occurs for component only, e.g., turbocharger system) or in a ‘‘non-decision zone’’ greater than or equal to 300 seconds (5 waste-gates, variable length manifold (e.g., monitors that increment and minutes); and runners) decrement counters until a pass or fail • Continuous engine operation at idle For monitors of the following threshold is reached), the manufacturer (e.g., accelerator pedal released by the components, the manufacturer may use is responsible for incrementing the driver, engine speed less than or equal alternative or additional criteria to that numerator appropriately. In general, the to 200 rpm above normal warmed-up set forth above for incrementing the numerator should not be incremented idle or vehicle speed less than or equal denominator. To do so, the when the monitor indicates a result in to one mile per hour) for greater than or manufacturer would need to be able to the ‘‘non-detection zone’’ or prior to the equal to 30 seconds. demonstrate that the criteria would be monitor reaching a decision. When In addition to the requirements above, equivalent to the criteria outlined above necessary, the manufacturer will be the evaporative system monitor at measuring the frequency of monitor expected to have data and/or denominator(s) must be incremented if operation relative to the amount of engineering analyses demonstrating the and only if: engine operation: expected frequency of results in the • Cumulative time since the start of • Engine cooling system input ‘‘non-detection zone’’ and the ability of the drive cycle is greater than or equal components the monitor to determine accurately, to 600 seconds (10 minutes) while at an • ‘‘Other emission control systems’’ had an actual malfunction been present, ambient temperature of greater than or • Comprehensive component input whether or not the monitor would have equal to 40 degrees Fahrenheit but less components that require extended detected a malfunction instead of a than or equal to 95 degrees Fahrenheit; monitoring evaluation (e.g., stuck fuel result in the ‘‘non-detection zone.’’ 49 and level sensor rationality), and For monitors that run or complete • Engine cold start occurs with temperature sensor rationality monitors their evaluation with the engine off, the engine coolant temperature at engine • DPF regeneration frequency numerator must be incremented either start greater than or equal to 40 degrees For monitors of the following within 10 seconds of the monitor Fahrenheit but less than or equal to 95 components or other emission controls completing its evaluation in the engine degrees Fahrenheit and less than or that experience infrequent regeneration off state, or during the first 10 seconds equal to 12 degrees Fahrenheit higher events, the manufacturer may use of engine start on the subsequent drive than ambient temperature at engine alternative or additional criteria to that cycle. start. set forth above for incrementing the Manufacturers using alternative In addition to the requirements above, denominator. To do so, the statistical MIL illumination protocols the denominator(s) for the following manufacturer would need to ensure that for any of the monitors that require a monitors must be incremented if and the criteria would be equivalent to the numerator would be required to only if the component or strategy is criteria outlined above at measuring the increment the numerator(s) commanded ‘‘on’’ for a time greater than frequency of monitor operation relative appropriately. The manufacturer may be or equal to 10 seconds: to the amount of engine operation: required to provide supporting data • Gasoline secondary air system; • NMHC converting catalysts and/or engineering analyses • Cold start emission reduction • Diesel particulate filters demonstrating both the equivalence of strategy; For hybrid engine systems, engines their incrementing approach to the that employ alternative engine start 50 See 86.010–18(d)(4) for details on the hardware or strategies (e.g., integrated 49 See 86.010–18(d)(3)(iii). denominator. starter and generators), or alternative

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fueled engines (e.g., dedicated, bi-fuel, pending DTC erased through self- Similarly, for the in-use performance or dual-fuel applications), the clearing or by a scan tool command). ratio, determining which corresponding manufacturer may request The in-use performance monitoring numerator and denominator to report as Administrator approval to use ratio itself is defined as the numerator required for specific components or alternative criteria to that set forth above for the given monitor divided by the systems that have multiple monitors for incrementing the denominator. In denominator for that monitor. that are required to be reported—e.g., general, approval would not be given for exhaust gas sensor bank 1 may have b. Standardized Tracking and Reporting alternative criteria that only employ multiple monitors for sensor response or of Monitor Performance engine shut off at or near idle/vehicle other sensor characteristics—the ratio stationary conditions. Approval of the Consistent with our proposal, we are should be calculated as discussed in alternative criteria would be based on requiring that the OBD system section II.F.5.56 the equivalence of the alternative separately report an in-use monitor The ignition cycle counter is defined criteria at determining the amount of performance numerator and as a counter that indicates the number engine operation relative to the measure denominator for each of the following of ignition cycles a vehicle has of conventional engine operation in components: 53 experienced. The ignition cycle counter accordance with the criteria above. • For diesel engines: NMHC catalyst must also be reported as discussed in section II.F.5.57 The ignition cycle bank 1, NMHC catalyst bank 2, NOX The numerators and denominators counter, when incremented, should be may need to be disabled at some catalyst bank 1, NOX catalyst bank 2, exhaust gas sensor bank 1, exhaust gas incremented by an integer of one. The times.51 To do this, within 10 seconds ignition cycle counter may not be of a malfunction being detected (i.e., a sensor bank 2, EGR/VVT system, DPF system, turbo boost control system, and incremented more than once per pending, MIL-on, or active DTC being ignition cycle. The ignition cycle the NOX adsorber. The OBD system stored) that disables a monitor required counter should be incremented within to meet the performance tracking must also report a general denominator and an ignition cycle counter in the 10 seconds if and only if the engine requirements,52 the OBD system must exceeds an engine speed of 50 to 150 disable further incrementing of the standardized format discussed below and in section II.F.5. rpm below the normal, warmed-up idle corresponding numerator and speed (as determined in the drive • For gasoline engines: catalyst bank denominator for each monitor that is position for vehicles equipped with an 1, catalyst bank 2, oxygen sensor bank disabled. When the malfunction is no automatic transmission) for at least two 1, oxygen sensor bank 2, evaporative longer detected (e.g., the pending DTC seconds plus or minus one second. The leak detection system, EGR/VVT system, is erased through self-clearing or OBD system should disable further and secondary air system. The OBD through a scan tool command), incrementing of the ignition cycle system must also report a general incrementing of all corresponding counter within 10 seconds if a denominator and an ignition cycle numerators and denominators should malfunction has been detected in any counter in the standardized format resume within 10 seconds. Also, within component used to determine if engine specified below and in section II.F.5. 10 seconds of the start of a power speed or time of operation has been The OBD system will be required to takeoff unit (PTO) that disables a satisfied and the corresponding pending report a separate numerator for each of monitor required to meet the DTC has been stored. The ignition cycle the components listed in the above performance tracking requirements, the counter may not be disabled from bullet lists. For specific components or OBD system should disable further incrementing for any other condition. systems that have multiple monitors incrementing of the corresponding Incrementing of the ignition cycle that are required to be reported—e.g., numerator and denominator for each counter should resume within 10 exhaust gas sensor bank 1 may have monitor that is disabled. When the PTO seconds after the malfunction is no multiple monitors for sensor response or operation ends, incrementing of all longer present (e.g., pending DTC erased other sensor characteristics—the OBD corresponding numerators and through self-clearing or by a scan tool system should separately track denominators should resume within 10 command). seconds. The OBD system must disable numerators and denominators for each further incrementing of all numerators of the specific monitors and report only F. Standardization Requirements and denominators within 10 seconds if the corresponding numerator and Consistent with our proposal, the a malfunction has been detected in any denominator for the specific monitor final regulation includes requirements component used to determine if: that has the lowest numerical ratio. If for manufacturers to standardize certain Vehicle speed/calculated load; ambient two or more specific monitors have features of the OBD system.58 Effective temperature; elevation; idle operation; identical ratios, the corresponding standardization assists all repair engine cold start; or, time of operation numerator and denominator for the technicians in diagnosing and repairing has been satisfied, and the specific monitor that has the highest malfunctions by providing equal access corresponding pending DTC has been denominator should be reported for the to essential repair information, and stored. Incrementing of all numerators specific component. The numerator(s) requires structuring the information in a and denominators should resume must be reported as discussed in section common format from manufacturer to 54 within 10 seconds when the II.F.5. manufacturer. Additionally, the malfunction is no longer present (e.g., The OBD system will also be required standardization will help to facilitate to report a separate denominator for the potential use of OBD checks in 51 See 86.010–18(d)(5). each of the components listed in the heavy-duty inspection and maintenance 52 These monitors, as presented in section II.A.3, above bullet lists. The denominator(s) programs. are, for diesel engines: the NMHC catalyst, the must be reported as discussed in section The features that will be standardized CDPF system, the NOX adsorber system, the NOX II.F.5.55 include: converting catalyst system, and the boost system; and, for gasoline engines: the catalyst, the evaporative system, and the secondary air system; 53 See § 86.010–18(e)(1). 56 See § 86.010–18(e)(4). and, for all engines, the exhaust gas sensors, the 54 See § 86.010–18(e)(2). 57 See § 86.010–18(e)(5). EGR system, and the VVT system. 55 See § 86.010–18(e)(3). 58 See § 86.010–18(k).

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• The diagnostic connector, the 2. Diagnostic Connector Requirements Based on our similar experiences at computer communication protocol We have made no substantive changes the federal level with communication (beginning in model year 2013 as we relative to our proposal with respect to protocols giving rise to service and proposed); the diagnostic data link connector. The inspection/maintenance program issues, • The hardware and software one change we have made is simply to we initially wanted to propose a single specifications for tools used by service allow the Administrator to approve communication protocol for engines technicians; alternative locations for the connector. used in over 14,000 pound vehicles. • The information communicated by However, the affected industry has been the onboard computer and the methods We have made this change to accommodate certain applications such divided over which single protocol for accessing that information; should be required and has strongly • as buses in which the required location The numeric designation of the argued for more than one protocol to be DTCs stored when a malfunction is would not work well. Note that the requirements for model years 2013 and allowed. Therefore, for vehicles with detected; and diesel engines, we proposed and are • The terminology used by later now appear in § 86.010–18 rather than § 86.013–18 as in our proposal.59 allowing manufacturers use either the manufacturers in their service manuals. standards set forth in SAE J1939, or Also consistent with our proposal, 3. Communications to a Scan Tool those set forth in the 500 kbps baud rate only a certain minimum set of version of ISO 15765. For vehicles with emissions-related information must be In light-duty OBD, manufacturers are gasoline engines, we are requiring that made available through the allowed to use one of four protocols for manufacturers use the 500 kbps baud standardized format, protocol, and communication between a generic scan rate version of ISO 15765.60 connector. We are not limiting engine tool and the vehicle’s onboard Manufacturers would be required to use manufacturers as to what protocol they computer. A generic scan tool only one standard to meet all the use for engine control, communication automatically cycles through each of the standardization requirements on a between onboard computers, or allowable protocols until it hits upon single vehicle; that is, a vehicle must communication to manufacturer- the proper one with which to establish use only one protocol for all OBD specific scan tools or test equipment. communication with the particular modules on the vehicle. Further, we are not prohibiting engine onboard computer. While this has manufacturers from equipping the generally worked successfully in the As noted above, some manufacturers vehicle with additional diagnostic field, some communication problems have expressed interest in the ISO connectors or protocols as required by have arisen. 27145 standard. That standard is being other suppliers or purchasers. For In an effort to address these problems, developed as part of the Worldwide example, fleets that use data logging or CARB has made recent changes to their Harmonized Heavy-duty OBD global other equipment that requires the use of light-duty OBDII regulation that require technical regulation (WWH–OBD).61 As SAE J1587 communication and all light-duty vehicle manufacturers to of this writing, that ISO standard is not connectors could still be installed and use only one communication protocol available. Should it become available in supported by the engine and vehicle by the 2008 model year. In making these time for model year 2013 and later manufacturers. The OBD rules only changes, CARB staff argued that their implementation, we will consider require that engine manufacturers also experience with standardization under allowing that standard and may issue a equip their vehicles with a specific the OBD II regulation showed that technical amendment, direct final rule, connector and communication protocol having a single set of standards used by or proposed rule to address it. all vehicles would be desirable. CARB that meet the standardized requirements 4. Required Emissions Related staff argued that a single protocol offers to communicate a minimum set of Functions emissions-related diagnostic, service a tremendous benefit to both scan tool and, potentially, inspection information. designers and service technicians. Scan We have made only a few changes in tool designers could focus on added the final rule relative to our proposal. 1. Reference Documents feature content and could expend much We believe that all of these changes are We are requiring that OBD systems less time and money validating basic minor and serve to ease the burden on comply with the provisions laid out in functionality of their product on all the manufacturers without sacrificing our certain Society of Automotive Engineers various permutations of protocol OBD program. The first change is that (SAE) and/or International Organization interpretations that are implemented. In made to the permanent DTC erasure of Standards (ISO) documents that are turn, technicians would likely get a scan provisions.62 The final provisions incorporated by reference (IBR) into tool that works properly on all vehicles provide more clarity and flexibility to federal regulation. Details regarding without the need for repeated software manufacturers in cases where stored these SAE and ISO documents can be updates that incorporate ‘‘work- DTC information has been erased via found in § 86.1(b) and in § 86.010–18(k). arounds’’ or other patches to fix bugs or scan tool or battery disconnect. These Notably, we are requiring that OBD adapt the tool to accommodate slight changes are consistent with changes systems on engines placed in over variances in how the multiple protocols made to CARB’s OBDII regulation in 14,000 pound vehicles use either the interact with each other or are 2007 and changes we believe CARB will SAE J1939 or the ISO 15765–4:2005(E) implemented by various manufacturers. make when revising their HDOBD communication protocols. Note that Further, a single protocol should also be regulation (expected in 2009). some manufacturers have expressed beneficial to fleet operators that use interest in the ISO 27145 standard. As add-on equipment such as data loggers, 60 See § 86.010–18(k)(3). of this writing, that standard is not and for vehicle manufacturers that 61 Global Technical Regulation Number 5: available. Should it become available in integrate parts from various engine and Technical Requirements for On-board Diagnostic time for model year 2013 and later component suppliers all of which must Systems for Road Vehicles; ECE/TRANS/180/ implementation, we will consider Add.5; 23 January 2007, see http://www.unece.org/ work together. trans/main/wp29/wp29wgs/wp29gen/wp29glob_ allowing that standard and may issue a registry.html. technical amendment, direct final rule, 59 See proposed §§ 86.010–18(k)(2) and 86.013– 62 See proposed § 86.010–18(b)(3)(iii) and or proposed rule to address it. 18(k)(2) and compare to final § 86.010–18(k)(2). compare to the final § 86.010–18(b)(3)(iii).

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We have also made a slight change to scan tool in order of priority which 6. Exceptions to Standardization the definition of idle where we require should minimize if not eliminate Requirements that the OBD system track engine run- possible confusion. We have made a time and track the amount of time corresponding change to the CVN For alternative-fueled engines derived operating in idle mode. The provision requirements for systems using the from a diesel-cycle engine, we are removes the phrase ‘‘vehicle speed less multiple CAL ID provision. allowing the standardized requirements than 1 mph’’ and replaces it with discussed in this section that are 5. In-Use Performance Ratio Tracking ‘‘engine speed less than or equal to 200 applicable to diesel engines rather than Requirements rpm above normal warmed-up idle or meeting the requirements applicable to vehicle speed less than 1 mph.’’ We To separately report an in-use gasoline engines. have made this change to be consistent performance ratio for each applicable G. Implementation Schedule, In-Use with industry request, and because we monitor as discussed in sections II.B Liability, and In-Use Enforcement believe it does not sacrifice our intent in through II.D, we proposed that any way.63 manufacturers be required to implement 1. Implementation Schedule and In-Use We have also made minor changes to software algorithms to report a Liability Provisions the CAL ID and CVN requirements.64 numerator and denominator in a These changes allow for multiple CAL standardized format. We have made no Table II.G–1 summarizes the IDs per diagnostic or emission critical changes to those requirements in the implementation schedule for the OBD control unit. Our proposal allowed for final rule, with the exception of the monitoring requirements, the only one. We would prefer that there be minor change to the definition of idle certification requirements, and the in- only one for the sake of minimizing from ‘‘vehicle speed less than one mile use liabilities. This implementation confusion. Manufacturers would be per hour’’ to ‘‘engine speed less than or schedule is identical to the proposed required to get Administrator approval equal to 200 rpm above normal warmed- schedule. More detail regarding the to use multiple CAL IDs and would also up idle and vehicle speed less than or implementation schedule and liabilities be required to communicate these to the equal to one mile per hour.’’ 65 can be found in the sections that follow.

TABLE II.G–1—OBD CERTIFICATION REQUIREMENTS AND IN-USE LIABILITY FOR DIESEL FUELED AND GASOLINE FUELED ENGINES OVER 14,000 POUNDS

Model year Applicability Certification requirement In-use liability

2010–2012 ...... Parent rating within 1 compliant engine Full liability to thresholds according to Full liability to 2x thresholds.c family.a certification demonstration proce- dures.b Child ratings within the compliant en- Certification documentation only (i.e., no Liability to monitor and detect as noted gine family. certification demonstration); no liabil- in certification documentation. ity to thresholds. All other engine families and ratings ..... None ...... None. 2013–2015 ...... Parent rating from 2010–2012 and par- Full liability to thresholds according to Full liability to 2x thresholds. ent rating within 1–2 additional engine certification demonstration procedures. families. Child ratings from 2010–2012 and par- Full liability to thresholds but certifi- Full liability to 2x thresholds. ent ratings from any remaining engine cation documentation only. families or OBD groups.d Additional engine ratings ...... Certification documentation only; no li- Liability to monitor and detect as noted ability to thresholds. in certification documentation. 2016–2018 ...... One rating from 1–3 engine families Full liability to thresholds according to Full liability to thresholds. and/or OBD groups. certification demonstration procedures. Remaining ratings...... Full liability to thresholds but certifi- Full liability to 2x thresholds. cation documentation only. 2019+ ...... One rating from 1–3 engine families Full liability to thresholds according to Full liability to thresholds. and/or OBD groups. certification demonstration procedures. Remaining ratings...... Full liability to thresholds but certifi- Full liability to thresholds. cation documentation only. Notes: (a) Parent and child ratings are defined in section II.G; which rating(s) serves as the parent rating and which engine families must com- ply is not left to the manufacturer, as discussed in section II.G. (b) The certification demonstration procedures and the certification documentation requirements are discussed in section VII. (c) Where in-use liability to thresholds and 2x thresholds is noted, manufacturer liability to monitor and detect as noted in their certification documentation is implied. (d) OBD groups are groupings of engine families that use similar OBD strategies and/or similar emissions control systems, as described in the text.

As we proposed, for the 2010 through that SCR equipped vehicles will not be that their resources are stretched to the 2012 model years, manufacturers are operated without urea). For 2013, limit developing and testing strategies required to implement OBD on one manufacturers are required to for compliance with the 2007/2010 engine family. All other 2010 through implement OBD on all engine families. heavy-duty highway emissions 2012 engine families are not subject to We are setting this implementation standards. We do not want to jeopardize any OBD requirements unless otherwise schedule for several reasons. First, their success toward that goal by being required to do so (e.g., to demonstrate industry has made credible arguments too aggressive with our OBD program.

63 See proposed § 86.010–18(k)(6)(i)(B) and 64 See proposed § 86.010–18(k)(4)(vi) and 65 See final §§ 86.010–18(k)(5) and 86.010– compare to final § 86.010–18(k)(6)(i)(B). (k)(4)(vii)(A) and compare to final § 86.010– 18(k)(6). 18(k)(4)(vi) and (k)(4)(vii)(A).

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Second, OBD is a complex and difficult and, as a result, 100 percent compliant engine family in 2010—yet regulation with which to comply. We implementation in 2010 would be maximize the impact of the OBD believe that our implementation analogous to implementing 10 to 20 system. Therefore, for model years 2010 schedule would give industry the years of OBD learning in one through 2012, we are defining the OBD opportunity to introduce OBD systems implementation step. We believe that parent rating as the rating having the on a limited number of engines giving implementing slowly rather than one highest weighted projected sales within them and us very valuable learning big step will benefit everyone involved. the engine family having the highest experience. Should mistakes or errors in Table II.G–1 makes reference to weighted projected sales, with sales regulatory interpretation occur, the ‘‘parent’’ and ‘‘child’’ ratings. In general, being weighted by the useful life of the ramifications would be limited to only engine manufacturers certify an engine engine rating. We have added a new family that consists of several ratings a subset of the new vehicle fleet rather provision that allows the Administrator than the entire new vehicle fleet. Lastly, having slightly different horsepower to approve an alternative rating as the the OBD requirements and the and/or torque characteristics but no parent rating than that described by this production vehicle evaluation differences large enough to require a different engine family designation. For text and this represents a slight provisions (discussed in Section VII), 66 reflect 10 to 20 years of learning by EPA, emissions certification, the parent departure from the proposal. Table CARB, and industry (primarily the light- rating—i.e., the rating for which II.G–2 presents a hypothetical example duty gasoline industry) as to what works emissions data are submitted to EPA for for how this would work absent and what does not work. This is, the purpose of demonstrating emissions Administrator approval to do otherwise. perhaps, especially true for those OBD compliance—is defined as the ‘‘worst Using this approach, the OBD compliant elements that involve the interface case’’ rating. This worst case rating is engine family in 2010 would be the between the OBD system and service the rating considered as having the engine family projected to produce the and I/M inspection personnel. Gasoline worst emissions performance and, most in-use emissions (based on sales manufacturers have had the ability to therefore, its compliance demonstrates weighted by expected miles driven). evolve their OBD systems along with that all other ratings within the family Likewise, the fully liable parent OBD this learning process. However, diesel must comply. For OBD purposes, we rating would be the rating within that engine manufacturers have not really want to limit the burden on industry— family projected to produce the most in- been involved in this learning process hence the requirement for only one use emissions.

TABLE II.G–2—HYPOTHETICAL EXAMPLE OF HOW THE OBD PARENT AND CHILD RATINGS WOULD BE DETERMINED

OBD OBD OBD group Engine family Rating Projected Certified useful weighting— weighting— sales life engine rating a engine family b (billions) (billions)

I ...... A 1 10,000 285,000 2.85 14.25 2 40,000 285,000 11 .4 ...... B 1 10,000 435,000 4.35 21.60 2 20,000 435,000 8.70 ...... 3 30,000 285,000 8.55 ...... II ...... C 1 20,000 110,000 2.20 7.70 2 50,000 110,000 5.50 ...... Notes: (a) For engine family A, rating 1, 10,000 × 285,000/1 billion = 2.85. (b) For engine family A, 2.85 + 11.4 = 14.25.

In the example shown in Table II.G– regulations would not require that a calibrations on child ratings and the 2, the compliant engine family in 2010 manufacturer with only three engine rationale for them will need to be very would be engine family B and the families have three parent ratings and clearly described in the certification parent OBD rating within that family instead would require only one). documentation. would be rating 2. The other OBD The manufacturer does not need to For the 2013 and later model years, compliant ratings within engine family submit test data demonstrating we are requiring that manufacturers B would be dubbed the ‘‘child’’ ratings. compliance with the emissions certify one to three parent ratings. The For model years 2013 through 2015, the thresholds for the child ratings. We actual number of parent ratings would parent ratings would be those ratings would fully expect these child ratings to depend upon the manufacturer’s fleet having the highest weighted projected use OBD calibrations—i.e., malfunction and would be based on both the sales within each of the one to three trigger points—that are identical or emissions control system architectures engine families having the highest nearly so to those used on the parent present in their fleet and the weighted projected sales, with sales rating. However, we would allow similarities/differences of the engine being weighted by the useful life of the manufacturers to revise the calibrations families in their fleet. For example, a engine rating. In the example shown in on their child ratings where necessary manufacturer that uses a DPF with NOX Table II.G–2, the parent ratings would so as to avoid unnecessary or adsorber on each of the engines would be rating 2 of engine family A, rating 2 inappropriate MIL illumination. Such have only one system architecture. of engine family B, and rating 2 of revisions to OBD calibrations have been Another manufacturer that uses a DPF engine family C (Note that this is only termed ‘‘extrapolated’’ OBD calibrations with NOX adsorber on some engines and for illustration purposes since the and/or systems. The revisions to the a DPF with SCR on others would have

66 See § 86.010–18(o)(1)(i) and (o)(2)(ii)(B) to see this new provision.

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at least two architectures. We expect monitor on an in-use engine will not be determine that the DPF was functioning that manufacturers will group similar considered non-compliant (i.e., subject properly since its backpressure was in architectures and similar engine to enforcement action) unless emissions the acceptable range. For model years families into so called ‘‘OBD groups.’’ exceed twice the OBD threshold without 2013 through 2015, this same in-use These OBD groups would consist of a detection of a malfunction. For example, relaxation will apply to those engine combination of engines, engine families, for an EGR monitor on an engine with families that do not lie within an engine or engine ratings that use the same OBD a NOX FEL of 0.2 g/bhp–hr and an OBD family for which a parent rating has strategies and similar calibrations. The threshold of 0.5 g/bhp–hr (i.e., the NOX been certified. For 2016 and later model manufacturer will be required to submit FEL+0.3), a manufacturer would not be years, all engines will have some in-use details regarding their OBD groups as subject to enforcement action unless liability to thresholds, either the part of their certification documentation emissions exceed 1.0 g/bhp–hr NOX certification thresholds or twice those that shows the engine families and without a malfunction being detected. thresholds. engine ratings within each OBD group For the model years 2016 through 2018, These in-use relaxations are meant to for the coming model year. While a parent ratings will be liable to the provide ample time for manufacturers to manufacturer may end up with more certification emissions thresholds, but gain experience without an excessive than three OBD groups, we do not child ratings and other ratings would be level of risk for mistakes. They also intend to require a parent rating for liable to twice the certification allow manufacturers to fine-tune their more than three OBD groups. Therefore, thresholds. Beginning in the 2019 model calibration techniques over a six to ten in the example shown in Table II.G–2, year, all families and all ratings would year period. rather than submitting test data for the be liable to the certification thresholds. three parent ratings as suggested above, The second in-use relaxation is a We are also requiring a specific the OBD grouping would result in the limitation in the number of engines that implementation schedule for the parent ratings being rating 2 of engine will be liable for in-use compliance with standardization requirements discussed family B and rating 2 of engine family the OBD emissions thresholds. in section II.F. We initially intended to C. These parents would represent OBD Consistent with our proposal, for 2010 require that any compliant OBD engine groups I and II, and the manufacturer’s through 2012, we are requiring that family would be required to implement product line. For 2013 through 2015, we manufacturers be fully liable in-use to all of the standardization requirements. will allow the 2010 parent to again act twice the thresholds for only the OBD However, we became concerned that, as a parent rating and, provided no parent rating. The child ratings within during model years 2010 through 2012, significant changes had been made to the compliant engine family would have we could have a situation where OBD the engine or its emissions control liability for monitoring in the manner compliant engines from manufacturer A system, complete carryover would be described in the certification might be competing against non-OBD possible. However, for model years 2016 documentation, but would not have engines from manufacturer B for sales in and beyond, we would work closely liability for detecting a malfunction at the same truck. In such a case, the truck with CARB staff and the manufacturer the specified emissions thresholds. For builder would be placed in a difficult to determine the parent ratings so that example, a child rating’s DPF monitor position of needing to design their truck the same ratings are not acting as the designed to operate under conditions X, to accommodate OBD compliant parents every year. In other words, our Y, and Z and calibrated to detect a engines—along with a standardized definitions for the OBD parent ratings as backpressure within the range A to B MIL, a specific diagnostic connector discussed here apply only during the would be expected to do exactly that location specification, etc.—and non- years 2010 through 2012 and again for during in-use operation. However, if the OBD engines. After consideration of this the years 2013 through 2015. tailpipe emissions of the child engine almost certain outcome, we decided to Also consistent with our proposal are were to exceed the applicable OBD in- limit the standardization requirements the relaxations for in-use liability during use thresholds (i.e., 2x the certification that must be met during the 2010 the 2010 through 2018 model years. The thresholds during 2010–2015), despite through 2012 model years. Beginning in first such relaxation is higher interim in- having a backpressure within range A to 2013, all engines will be OBD compliant use compliance standards for those OBD B under conditions X, Y, and Z, there and this would become a moot issue. monitors calibrated to specific would be no in-use OBD failure nor Table II.G–3 shows the implementation emissions thresholds. For the 2010 cause for enforcement action. In fact, we schedule for standardization through 2015 model years, an OBD would expect the OBD monitor to requirements.

TABLE II.G–3—OBD STANDARDIZATION REQUIREMENTS FOR DIESEL FUELED AND GASOLINE FUELED ENGINES OVER 14,000 POUNDS

Required standardization Waived standardization Model year Applicability features features

2010–2012 ...... Parent and Child ratings within 1 com- Emissions related functions (II.F.4) ex- Standardized connector (II.F.2). Dedi- pliant engine family a. cept for the requirement to make the cated (i.e., regulated OBD-only) MIL. data available in a standardized for- Communication protocols (II.F.3). mat or in accordance with SAE Emissions related functions (II.F.4) J1979/1939 specifications. MIL acti- with respect to the requirement to vation and deactivation.b Perform- make the data available in a stand- ance tracking—calculation of numera- ardized format or in accordance with tors, denominators, ratios. SAE J1979/1939 specifications. Other engine families ...... None ...... All. 2013+ ...... All engine families and ratings ...... All ...... None. Notes: a Parent and child ratings are defined in section II.G; which rating serves as the parent rating and which engine families must comply is not left to the manufacturer, as discussed in section II.G. b There would be no requirement for a dedicated MIL and no requirement to use a spe- cific MIL symbol, only that a MIL be used and that it use the specified activation/deactivation logic.

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2. In-Use Enforcement we pursue any in-use enforcement or some other supplier). In cases where When conducting our in-use action with respect to OBD. We are very remedial action such as an engine recall enforcement investigations into OBD familiar with the heavy-duty industry would be required, the certifying party systems, we intend to use all tools we and its tendency toward separate engine would take on the responsibility of have available to analyze the and component suppliers. This arranging to bring the engines or OBD effectiveness and compliance of the contrasts with the light-duty industry systems back into compliance. Given system. These tools may include on- which tends toward a more vertically that heavy-duty engines are already vehicle emission testing systems such as integrated structure. The non-vertically subject to various emission the portable emissions measurement integrated nature of the heavy-duty requirements including engine emission systems (PEMS). We may also use scan industry can present unique difficulties standards, labels, and certification, tools and data loggers to analyze the for OBD implementation and for OBD engine manufacturers currently impose data stream information to compare real enforcement. With the complexity of restrictions via signed agreements with world operation to the documentation OBD systems, especially those meeting engine purchasers to ensure that their provided at certification. today’s requirements, we expect the engines do not deviate from their Importantly, we do not intend to interactions between the various parties certified configuration when installed. pursue enforcement action against a involved—engine manufacturer, We expect the OBD system’s installation manufacturer for not detecting a failure transmission manufacturer, vehicle to be part of such agreements in the mode that could not have been manufacturer, etc.—to be further future. reasonably predicted or otherwise complicated. Nonetheless, in the end H. Changes to the Existing 8,500 to detected using monitoring methods the vast majority of the OBD 14,000 Pound Diesel OBD Requirements known at the time of certification. For requirements apply directly to the example, we are imposing a challenging engine and its associated emission We are also making final certain set of requirements for monitoring of controls, and the engine manufacturer changes to our OBD requirements for DPF systems. As of today, engine will have complete responsibility to diesel engines used in heavy-duty manufacturers are reasonably confident ensure that the OBD system performs vehicles under 14,000 pounds (see 40 in their ability to detect certain DPF properly in-use. Given the central role CFR 86.007–17 for engine-based failure modes at or near the final the engine and engine control unit plays requirements and 40 CFR 86.1806–05 thresholds—e.g., a leaking DPF resulting in the OBD system, we are requiring that for vehicle or chassis-based from a cracked substrate—but are not the party certifying the engine and OBD requirements). Table II.H–1 summarizes confident in their ability to detect some system (typically, the engine the changes to under 14,000 pound other DPF failure modes—e.g., a leaking manufacturer) be the responsible party heavy-duty diesel vehicle emissions DPF resulting from a partially melted for in-use compliance and enforcement thresholds at which point a component substrate. If a partially melted substrate actions. In this role, the certifying party or system has failed to the point of indeed cannot be detected and this is will be our sole point of contact for requiring an illuminated MIL and a known during the certification process, potential noncompliances identified stored DTC. Table II.H–2 summarizes we cannot expect such a failure to be during in-use or enforcement testing. the changes for diesel engines used in detected on an in-use vehicle.67 This We will leave it to the engine heavy-duty applications under 14,000 provision is consistent with our manufacturer to determine the ultimate pounds. The changes are meant to proposal. party responsible for the potential maintain consistency with the diesel We also want to make it clear who noncompliance (e.g., the engine OBD requirements for over 14,000 would be the responsible party should manufacturer, the vehicle manufacturer, pound applications.

TABLE II.H–1—NEW AND/OR CHANGES TO EXISTING, EMISSIONS THRESHOLDS FOR DIESEL FUELED CI HEAVY-DUTY VEHICLES UNDER 14,000 POUNDS (G/MI)

Component/monitor MY NMHC CO NOX PM

NMHC catalyst system ...... 2010–2012 2.5x ...... 2013+ 2x ...... NOX catalyst system ...... 2007–2009 ...... 4x ...... 2010–2012 ...... +0.6 ...... 2013+ ...... +0.3 ...... DPF system ...... 2010–2012 ...... 4x 2013+ ...... +0.04 Air-fuel ratio sensors upstream ...... 2007–2009 2.5x 2.5x 3x 4x 2010–2012 2.5x 2.5x +0.3 +0.02 2013+ 2x 2x +0.3 +0.02 Air-fuel ratio sensors downstream ...... 2007–2009 2.5x ...... 3x 4x 2010–2012 2.5x ...... +0.3 4x 2013+ 2x ...... +0.3 +0.04 NOX sensors ...... 2007–2009 ...... 4x 5x 2010–2012 ...... +0.6 4x 2013+ ...... +0.3 +0.04 ‘‘Other monitors’’ with emissions thresholds ...... 2007–2009 2.5x 2.5x 3x 4x 2010–2012 2.5x 2.5x +0.3 4x 2013+ 2x 2x +0.3 +0.02 Notes: MY=Model Year; 2.5x means a multiple of 2.5 times the applicable emissions standard; +0.3 means the standard plus 0.3; not all mon- itors have emissions thresholds but instead rely on functionality and rationality checks as described in section II.D.4.

67 See, for example, § 86.010–18(p)(1)(iv).

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TABLE II.H–2—NEW AND/OR CHANGES TO EXISTING, EMISSIONS THRESHOLDS FOR DIESEL FUELED CI ENGINES USED IN HEAVY-DUTY VEHICLES UNDER 14,000 POUNDS (G/BHP-HR)

Component/monitor MY Std/FEL NMHC CO NOX PM

NMHC catalyst system ...... 2010–2012 All 2.5x ...... 2013+ All 2x ...... NOX catalyst system ...... 2007–2009 >0.5 NOX ...... 1.75x ...... 2007–2009 <=0.5 NOX ...... +0.6 ...... 2010–2012 All ...... +0.6 ...... 2013+ All ...... +0.3 ...... DPF system ...... 2010–2012 All ...... 0.05/+0.04 2013+ All ...... 0.05/+0.04 Air-fuel ratio sensors upstream ...... 2007–2009 >0.5 NOX 2.5x 2.5x 1.75x 0.05/+0.04 2007–2009 <=0.5 NOX 2.5x 2.5x +0.5 0.05/+0.04 2010–2012 All 2.5x 2.5x +0.3 0.03/+0.02 2013+ All 2x 2x +0.3 0.03/+0.02 Air-fuel ratio sensors downstream ...... 2007–2009 >0.5 NOX 2.5x ...... 1.75x 0.05/+0.04 2007–2009 <=0.5 NOX 2.5x ...... +0.5 0.05/+0.04 2010–2012 All 2.5x ...... +0.3 0.05/+0.04 2013+ All 2x ...... +0.3 0.05/+0.04 NOX sensors ...... 2007–2009 >0.5 NOX ...... 1.75x 0.05/+0.04 2007–2009 <=0.5 NOX ...... +0.6 0.05/+0.04 2010–2012 All ...... +0.6 0.05/+0.04 2013+ All ...... +0.3 0.05/+0.04 ‘‘Other monitors’’ with emissions thresholds ...... 2007–2009 >0.5 NOX 2.5x 2.5x 1.75x 0.05/+0.04 2007–2009 <=0.5 NOX 2.5x 2.5x +0.5 0.05/+0.04 2010–2012 All 2.5x 2.5x +0.3 0.03/+0.02 2013+ All 2x 2x +0.3 0.03/+0.02 Notes: MY=Model Year; 2.5x means a multiple of 2.5 times the applicable emissions standard or family emissions limit (FEL); +0.3 means the standard or FEL plus 0.3; 0.05/+0.04 means an absolute level of 0.05 or an additive level of the standard or FEL plus 0.04, whichever level is higher; not all monitors have emissions thresholds but instead rely on functionality and rationality checks as described in section II.D.4.

1. NOX Aftertreatment Monitoring thresholds like those proposed for over identical to those we proposed. We are requiring that the 8,500 to 14,000 pound OBD. The final PM However, we have added the option to thresholds remain unchanged from the monitor the ability of the NMHC 14,000 pound NOX aftertreatment monitoring requirements mirror those proposal. We have eliminated the catalyst to generate a 100 degree C for engines used in vehicles over 14,000 proposed NMHC thresholds for the temperature rise, or to reach the pounds. The current regulations require same reasons we have eliminated the necessary regeneration temperature, detection of a NOX catalyst malfunction requirement to monitor NMHC within 60 seconds of initiating a before emissions exceed 1.5x the conversion of the DPF in the over regeneration event. We have added emissions standards. We do not believe 14,000 pound applications. The other criteria for this optional that such a tight threshold level is required monitoring conditions with monitoring approach to ensure that the appropriate for diesel SCR and lean respect to performance tracking necessary regeneration temperature is NOX catalyst systems. The final (discussed in section II.B.8.c) would not being sustained and that the thresholds are less stringent than apply for under 14,000 pound heavy- regeneration attempt be aborted should proposed until the 2013 model year duty applications since we do not have the regeneration temperature not be where they are consistent with our performance tracking requirements for reached or sustained properly. This proposal. We have made the thresholds under 14,000 pound applications. We makes the 8,500 to 14,000 pound less stringent for the same reasons as are requiring no new DPF monitoring provisions consistent with the over discussed in section II.B. The required requirements in the 2007 to 2009 model 14,000 pound provisions. years because there is not sufficient lead monitoring conditions with respect to 4. Other Monitors performance tracking (discussed in time for manufacturers to develop a new section II.B.6.c) would not apply for monitor. The new, more stringent The final requirements for ‘‘other under 14,000 pound heavy-duty monitoring requirements would begin in monitors’’ are identical to those we applications since we do not have the 2010 model year. Also, for 2010 proposed, except that we have revised performance tracking requirements for through 2012, we are providing the the NOX sensor monitor NOX threshold under 14,000 pound applications. We option to monitor and detect a decrease to +0.6 to be consistent with changes are proposing this change for the 2007 in the expected pressure drop across the made for other monitors discussed model year. DPF, consistent with the provisions for above. over 14,000 pound applications. This 5. CARB OBDII Compliance Option and 2. Diesel Particulate Filter System option is being made available only to Monitoring Deficiencies the engine certified systems since the We are requiring that the 8,500 to requirement is based on the engine We are also making final the proposed 14,000 pound DPF monitoring certification procedure. changes to our deficiency provisions for requirements mirror those discussed in vehicles and engines meant for vehicles section II.B.8. Our current regulations 3. NMHC Converting Catalyst under 14,000 pounds. We have included require detection of a catastrophic Monitoring specific mention of air-fuel ratio sensors failure only. The proposed monitoring The final requirements for NMHC and NOX sensors where we had long requirements contained emissions converting catalyst monitoring are referred only to oxygen sensors. We

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have also updated the referenced CARB related service information available via fuel system, and comprehensive OBDII document that can be used to the World Wide Web; (2) provide component monitoring. satisfy the federal OBD requirements.68 equipment and tool companies with (5) A listing of each monitor information that allows them to develop sequence, execution frequency and III. How Have the Service Information pass-through reprogramming tools; (3) typical duration. Availability Requirements Changed for (6) A listing of typical malfunction This Final Rule? make available enhanced diagnostic information to equipment and tool thresholds for each monitor. A. What is the Important Background manufacturers and to make available (7) For OBD parameters that deviate Information for the Provision Being OEM-specific diagnostic tools for sale; from the typical parameters, the OBD Finalized for Service Information (4) make available emissions-related description shall indicate the deviation Availability? training information. EPA has carefully for the vehicles it applies to and provide Section 202(m)(5) of the CAA directs considered the comments we have a separate listing of the typical values EPA to promulgate regulations requiring received on our proposed requirements. for those vehicles. (8) Identification and scaling OEMs to provide to: The service information provisions information necessary to interpret and Any person engaged in the repairing or finalized in today’s action provide maximum flexibility to engine understand data available to a generic servicing of motor vehicles or motor vehicle scan tool through Diagnostic Message 8 engines, and the Administrator for use by any manufacturers while still meeting the such persons, * * * any and all information intent of the Clean Air Act to ensure fair pursuant to SAE Recommended Practice needed to make use of the [vehicle’s] and reasonable access by aftermarket J1939–73 (revised September 2006). (9) Any information related to the emission control diagnostic system * * * service providers to service information service, repair, installation or and such other information including and tools needed to service and repairs instructions for making emission-related replacement of parts or systems emissions-related problems on heavy- diagnoses and repairs. developed by third party (Tier 1) duty engines. Such regulations are subject to the suppliers for OEMs, to the extent they requirements of section 208(c) regarding B. What Provisions are Being Finalized are made available to franchise protection of trade secrets; however, no for Service Information Availability? dealerships. such information may be withheld (10) Any information on other 1. What Information is the OEM systems that can directly effect the under section 208(c) if that information Required to Make Available? is provided (directly or indirectly) by emission system within a multiplexed the manufacturer to its franchised Today’s action requires OEMs to make system (including how information is dealers or other persons engaged in the available to any person engaged in the sent between emission-related system repair, diagnosing or servicing of motor repairing or servicing of heavy-duty modules and other modules on a vehicles. motor vehicles or motor vehicle engines multiplexed bus), On June 27, 2003 EPA published a above 14,000 pounds all information (11) Any information regarding any final rulemaking (68 FR 38428) which necessary to make use of the OBD system, component, or part of a vehicle set forth the Agency’s service systems and any information for making monitored by the OBD system that information regulations for light- and emission-related repairs, including any could in a failure mode cause the OBD heavy-duty vehicles and engines below emissions-related information that is system to illuminate the malfunction 14,000 pounds GVWR. These provided by the OEM to franchised indicator light (MIL). regulations, in part, required each dealers, beginning generally with (12) Any other information relevant to covered Original Equipment MY2010, though for the provisions the diagnosis and completion of an Manufacturer (OEM) to do the related to scan tool availability, we are emissions-related repair. This following: (1) OEMs must make full text allowing manufacturers until MY2013 information includes, but is not limited emissions-related service information to comply. This information includes, to, information needed to start the available via the World Wide Web. (2) but is not limited to, the following: vehicle when the vehicle is equipped OEMs must provide equipment and tool (1) Manuals, technical service with an anti-theft or similar system that companies with information that allows bulletins (TSBs), diagrams, and charts disables the engine described below in them to develop pass-through (the provisions for training materials, paragraph (13). This information also recalibration tools. (3) OEMs must make including videos and other media are includes any OEM-specific emissions- available enhanced diagnostic discussed in Sections III.A.3 and III.A.4 related diagnostic trouble codes (DTCs) information to equipment and tool below). and any related service bulletins, manufacturers and to make available trouble shooting guides, and/or repair (2) A general description of the procedures associated with these OEM- OEM-specific diagnostic tools for sale. operation of each monitor, including a These requirements were finalized to specific DTCs. description of the parameter that is (13) Information regarding how to ensure that aftermarket service and being monitored. repair facilities have access to the same obtain the information needed to (3) A listing of all typical OBD emission-related service information, in perform reinitialization of any computer diagnostic trouble codes associated with the same or similar manner, as that or anti-theft system following an each monitor. provided by OEMs to their franchised emissions-related repair. OEMs are not dealerships. (4) A description of the typical required to make this information In the NPRM, we proposed several enabling conditions for each monitor to available on the OEM’s Web site unless provisions related to the availability of execute during vehicle operation, they choose to do so. However, the service information. We proposed to including, but not limited to, minimum OEM’s Web site shall contain require that each heavy-duty Original and maximum intake air and engine information on alternate means for Equipment Manufacturer (OEM) do the coolant temperature, vehicle speed obtaining the information and/or ability following: (1) Make full text emissions- range, and time after engine startup. A to perform reintialization. Beginning listing and description of all existing with the 2013 model year, we require 68 See 13 CCR 1968.2, approved November 9, monitor-specific drive cycle information that all OEM systems will be designed 2007, Docket ID# EPA–HQ–OAR–2005–0047–0045. for those vehicles that perform misfire, in such a way that no special tools or

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processes will be necessary to perform (1) OEM Web sites shall possess, of branded dealers who currently pay reinitialization. sufficient server capacity to allow ready for this service information; and access by all users and have sufficient whether this information is made 2. What are the Requirements for Web- downloading capacity to assure that all available to any persons at a reduced or based Delivery of the Required users may obtain needed information no cost, and if so, identification of these Information? without undue delay; persons and the reason they receive the a. OEM Web Sites (2) Any reported broken Web links information at a reduced cost. Today’s action finalizes a provision shall be corrected or deleted weekly. (2) The price the manufacturer that requires OEMs to make available in (3) Web site navigation does not currently charges persons other than full-text all of the information outlined require a user to return to the OEM branded dealers for service information. above, on individual OEM Web sites. home page or a search engine in order The OEM must describe the information The only exceptions to the full-text to access a different portion of the site. that is provided, including the nature of requirements are training information, (4) Any manufacturer-specific the information (e.g., the complete anti-theft information, and indirect acronym or abbreviation shall be service manual, emissions control information. Provisions for the defined in a glossary webpage which, at service manual), etc.; and the number of availability of training information are a minimum, is hyperlinked by each persons other than branded dealers to discussed in Section III.B.4 of this webpage that uses such acronyms and whom the information is supplied. document. Today’s action requires that abbreviations. OEMs may request (3) The estimated number of persons each OEM launch their individual Web Administrator approval to use alternate to whom the manufacturer would be sites with the required information by methods to define such acronyms and expected to provide the service July 1, 2010 for all 2010 and later model abbreviations. The Administrator shall information following implementation year vehicles. approve such methods if the motor of today’s requirements. vehicle manufacturer adequately A complete list of the criteria for b. Timeliness and Maintenance of demonstrates that the method provides establishing reasonable cost can be Information on OEM Web Sites equivalent or better ease-of-use to the found in the regulatory language for this Today’s action finalizes a provision website user. final rule.69 We are also finalizing a that requires OEMs to make available (5) Indicates the minimum hardware provision that, subsequent to the launch the required information on their Web and software specifications required for of the OEM Web sites, OEMs would be site within six months of model satisfactory access to the Web site(s). required to notify the Administrator introduction. After this six month d. Structure and Cost of OEM Web Sites upon the increase in price of any one or period, the required information for all of their approved time ranges of each model must be available and OEMs must implement Web sites that twenty percent or more accounting for updated on the OEM Web site at the offer a range of time periods for on-line inflation or that sets the charge for end- same time it is available by any means access and/or the amount of information user access over the established price to their dealers. purchased. guidelines discussed above, including a EPA is also finalizing a provision that, For any time ranges approved by the justification based on the criteria for beginning with the 2010 model year, Administrator, OEMs must make their reasonable cost as established by this OEMs maintain the required entire site accessible for the respective regulation. information in full text for at least 15 period of time and price. In other words, years after model introduction. After an OEM may not limit any or all ranges e. Hyperlinking to and From OEM Web this fifteen-year period, OEMs can to just one make or one model. Sites archive the required service Prior to the official launch of OEM Today’s action finalizes a provision information, but it must be made Web sites, each OEM will also be that requires OEMs to allow direct available upon request, in a format of required to present to the Administrator simple hyperlinking to their Web sites the OEM’s choice (e.g., CD–ROM). a specific outline of what will be from government Web sites and from all charged for access to each of the tiers. c. Accessibility, Reporting and automotive-related Web sites, such as OEMs must justify these charges, and aftermarket service providers, Performance Requirements for OEM submit to the Administrator information Web Sites educational institutions, and automotive on the following parameters, which associations. Performance reports that adequately include but are not limited to, the demonstrate that their individual Web following: f. Administrator Access to OEM Web sites meets the requirements outlined in (1) The price the manufacturer Sites § 86.010–38(j)(18) will be submitted to currently charges their branded dealers Today’s action finalizes a provision the Administrator annually or upon for service information. At a minimum, that requires that the Administrator request by the Administrator. These this must include the direct price shall have access to each OEM Web site reports shall also indicate the charged that is identified exclusively as at no charge to the Agency. The performance and effectiveness of the being for service information, not Administrator shall have access to the Web sites by using commonly used including any payment that is site, reports, records and other Internet statistics (e.g., successful incorporated in other fees paid by a information as provided by sections 114 requests, frequency of use, number of dealer, such as franchise fees. In and 208 of the Clean Air Act and other subscriptions purchased, etc.) EPA will addition, we are requiring that the OEM provisions of law. issue additional direction in the form of must describe the information that is official manufacturer guidance to provided to dealers, including the g. Other Media further specify the process for nature of the information (e.g., the We are finalizing a provision that submitting reports to the Administrator. complete service manual), etc.; whether require OEMs to make available for In addition, EPA is finalizing a dealers have the option of purchasing ordering the required information in provision that requires OEMs to launch less than all of the available some format approved by the Web sites that meet the following information, or if purchase of all performance criteria: information is mandatory; the number 69 See § 86.010–38(j)(8).

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Administrator directly from their Web and will apply for model year 2010 and 6. What are the Requirements for the site after the full-text window of 15 later engines. Availability of Enhanced Information years has expired. OEMs shall index for Scan Tools for Equipment and Tool their available information with a title 4. What are the Requirements for the Companies? Availability of Training Information? that adequately describes the contents of a. Description of Information That Must the document to which it refers. In the Today’s action finalizes two Be Provided alternate, OEMs may allow for the provisions for access to OEM training on ordering of information directly from Today’s action finalizes a provision OEM Web sites. First, OEMs will be their Web site, or from a Web site that requires OEMs to make available to hyperlinked to the OEM Web site. OEMs required to make available for purchase equipment and tool companies all are required to list a phone number and on their Web sites the following items: generic and enhanced information, address where aftermarket service Training manuals, training videos, and including bi-directional control and providers can call or write to obtain the interactive, multimedia CD’s or similar data stream information. In addition, desired information. OEMs must also training tools available to franchised OEMs must make available the provide the price of each item listed, as dealerships. Second, we are finalizing a following information. well as the price of items ordered on a provision requiring OEMs who transmit (i) The physical hardware subscription basis. To the extent that emissions-related training via satellite requirements for data communication any additional information is added or or the Internet to tape these (e.g., system voltage requirements, cable changed for these model years, OEMs transmissions and make them available terminals/pins, connections such as shall update the index as appropriate. for purchase on their Web sites within RS232 or USB, wires, etc.). OEMs will be responsible for ensuring 30 days after the first transmission to (ii) ECU data communication (e.g., that their information distributors do so franchised dealerships. Manufacturers serial data protocols, transmission speed within three business day of receiving shall not be required to duplicate or baud rate, bit timing requirements, the order. transmitted emissions-related training etc.). (iii) Information on the application courses if anyone engaged in the h. Small Volume Provisions for OEM physical interface (API) or layers (i.e., Web Sites repairing or servicing of heavy-duty processing algorithms or software Manufacturers with total annual sales engines has the opportunity to receive design descriptions for procedures such of less than 5,000 engines shall have the Internet or satellite transmission, as connection, initialization, and until July 1, 2011 to launch their even if there is a cost associated with termination). individual Web sites as discussed in the equipment required to receive the (iv) Vehicle application information Section III.B.2. Manufacturers with total transmission. Further, all of the items or any other related service information annual sales of less than 1,000 engines included in this provision must be such as special pins and voltages or may, in lieu of meeting the requirement shipped within 3 business days of the additional vehicle connectors that for web-based delivery of service order being placed and are to be made require enablement and specifications information, request the Administrator available at a reasonable price. These for the enablement. to approve an alternative method by requirements apply for 2010 and later (v) Information that describes which which the required emissions-related model year vehicles beginning July 1, interfaces, or combinations of interfaces, information can be obtained. 2010. For subsequent model years, the from each of the categories as described These small-volume flexibilities are required information must be made in § 86.010–38(j)(14)(ii)(A) through (D) limited to the distribution and available for purchase within three of the regulatory language. availability of service information via months of model introduction, and then Manufacturers are not required to the World Wide Web under § 86.010–38 be made available at the same time it is make available to equipment and tool (j)(4) of the regulations. All OEMs, made available to franchised companies any information related to regardless of volume, must comply with reconfiguration capabilities or any other dealerships. all other provisions as finalized in this information that would make permanent rulemaking. 5. What are the Requirements for changes to existing engine configurations. 3. What are the Requirements for Recalibration of Vehicles? The requirements to release the Service Information for Third Party Today’s action finalizes two options information to equipment and tool Information Providers? for pass-thru recalibration. We are companies takes effect on July 1, 2013 Today’s action finalizes a provision finalizing a provision that heavy-duty [for model year 2013 engines], and that will require OEMs who currently OEMs must comply with SAE J2534–1 within 3 months of model introduction have, or in the future engage in, (Revised December 2004) beginning for all new model years. licensing or business arrangements with with the 2013 model year. In the third party information providers, as b. Distribution of Enhanced Diagnostic alternative, heavy-duty OEMs may Information defined in the regulations, to provide comply with the Technology and information to those parties in an Maintenance Council’s Recommended Today’s action finalizes a provision electronic format in English that utilizes Practice RP1210B, ‘‘WindowsTM that will require the above information non-proprietary software. Any OEM Communication API,’’ (Revised June for generic and enhanced diagnostic licensing or business arrangements with 2007) beginning in the 2013 model year. information be provided to aftermarket third party information providers are tool and equipment companies with We are also finalizing a provision that subject to fair and reasonable cost whom appropriate licensing, will require that recalibration requirements. We expect that OEMs will contractual, and confidentiality develop pricing structures for access to information be made available within 3 agreements have been arranged. This this information that make it affordable months of vehicle introduction for new information shall be made available in to any third party information providers models. electronic format using common with which they do business. This document formats such as Microsoft provision takes effect January 1, 2011 Excel, Adobe Acrobat, Microsoft Word,

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etc. Further, any OEM licensing or and TMC documents can be found in and Buses program will actually occur. business arrangements with equipment § 86.1(b) and in § 86.010–38(j). Viewed from another perspective, while and tool companies are subject to a fair the OBD requirements will not increase IV. What Are the Emissions Reductions and reasonable cost determination. the emission reductions that we Associated With the OBD estimated for the 2007HD highway rule, 7. What are the Requirements for the Requirements? they would be expected to lead to actual Availability of OEM-Specific Diagnostic In the 2007HD highway rule, we emission reductions in-use compared Scan Tools and Other Special Tools? estimated the emissions reductions we with a program with no OBD system. a. Availability of OEM-Specific expected to occur as a result of the The costs associated with HDOBD Diagnostic Scan Tools emissions standards being made final in were not fully estimated in the 2007HD the rule. Since the OBD requirements highway rule. Those costs are more fully Today’s action finalizes a provision contained in today’s rule are considered considered in section V of this that OEMs must make available for sale by EPA to be an important element of preamble. These newly developed to interested parties the same OEM- the 2007HD highway program and its HDOBD costs are added to those costs specific scan tools that are available to ultimate success, rather than a new estimated for the 2007/2010 standards franchised dealerships, except as element being included as an addition and a new set of costs for those discussed below. These tools shall be to that program, we are not estimating standards are presented in section VI. made available at a fair and reasonable emissions reductions associated with Section VI also calculates a new set of price. These tools shall also be made OBD. Instead, we consider the new costs per ton associated with the 2007/ available in a timely fashion either 2007/2010 tailpipe emissions standards 2010 standards which include the through the OEM Web site or through an and fuel standards to be the drivers of OEM-designated intermediary. emissions reductions and HDOBD to be previously estimated costs and Upon Administrator approval, part of the assurance we all have that emissions reductions for the 2007/2010 manufacturers will not be required to those emissions reductions are indeed standards and the newly estimated costs make available manufacturer-specific realized. Therefore, this analysis associated with today’s HDOBD rule. tools with reconfiguration capabilities if presents the emissions reductions Here we present the emission benefits they can demonstrate to the satisfaction estimated for the 2007HD highway we anticipate from heavy-duty vehicles of the Administrator that these tools are program. Inherent in those estimates is as a result of our 2007/2010 NOX, PM, not essential to the completion of an an understanding that, while emissions and NMHC emission standards for emissions-related repair, such as control systems sometimes malfunction, heavy-duty engines. The graphs and recalibration. In addition, as a condition they presumably are repaired in a timely tables that follow illustrate the Agency’s of purchase, manufacturers may request manner. Today’s OBD requirements projection of future emissions from that the purchaser take all necessary would provide substantial tools to heavy-duty vehicles for each pollutant. training offered by the engine assure that our presumption will be The baseline case represents future manufacturer, provided that those realized by helping to ensure that emissions from heavy-duty vehicles at training requirements are outlined in emission control systems continue to present standards (including the § 86.010–38(j)(15) of the regulations. operate properly throughout their life. MY2004 standards). The controlled case We believe that the OBD requirements represents the future emissions from 8. Which Reference Materials are Being will lead to more repairs of heavy-duty vehicles once the new 2007/ Incorporated by Reference? malfunctioning or deteriorating 2010 standards are implemented. A We are requiring that service emission control systems, and may also detailed analysis of the emissions information requirements comply with lead to emission control systems that are reductions associated with the 2007/ the provisions laid out in certain more robust throughout the life of the 2010 HD highway standards is Society of Automotive Engineers (SAE) engine and less likely to trigger contained in the Regulatory Impact and/or Truck Maintenance Council illumination of MILs. The requirements Analysis for that final rule.70 The results (TMC) documents that are incorporated would therefore provide greater of that analysis are presented in Table by reference (IBR) into federal assurance that the emission reductions IV.A–1 and in Figures IV.A–1 through regulation. Details regarding these SAE expected from the Clean Diesel Trucks IV.A–3.

TABLE IV.A–1—ANNUAL EMISSIONS REDUCTIONS ASSOCIATED WITH THE 2007HD HIGHWAY PROGRAM [Thousand short tons]

Year NOX PM NMHC

2007 ...... 58 11 2 2010 ...... 419 36 21 2015 ...... 1,260 61 54 2020 ...... 1,820 82 83 2030 ...... 2,570 109 115

70 Regulatory Impact Analysis: Heavy-Duty Fuel Sulfur Control Requirements; EPA420–R–00– Engine and Vehicle Standards and Highway Diesel 026; December 2000.

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There were additional estimated proposal we estimated lower warranty various sensors that we believe will be emissions reductions associated with costs beginning in 2013, we have added to the engine to provide the the 2007HD highway rule—namely CO, delayed that until 2016 in the final rule. required OBD monitoring capability. For SOx, and air toxics. We have not This is discussed in Section VI.A of the the 2010 model year, we believe that presented those additional emissions Summary and Analysis of Comments upgraded computers and the new reductions here since, while HDOBD document and in Section 3.1.1 of the sensors needed for OBD would result in will identify malfunctions and hasten final technical support document. costs to the buyer of $43 and $53 for their repair with the result of reducing Third, we have adjusted all costs to diesel and gasoline engines, all emissions constituents, these 2007 dollars—the draft analysis used respectively. For the 2013 model year, additional emissions are not those 2004 dollars—by using the Consumer we have included costs associated with specifically targeted by OBD systems. Price Index. As a result, all costs the dedicated MIL and its wiring presented here are slightly higher than V. What Are the Costs Associated With in the draft analysis although we have resulting in a hardware cost to the buyer the OBD Requirements? not changed the analysis with the of $60 and $70 for both diesel and The costs estimated for the final OBD exception of this adjustment for gasoline engines, respectively. In 2016, requirements are identical to those inflation and, as mentioned previously, these costs become $57 and $66 for estimated for the proposed OBD the addition of costs for aging of limit diesel and gasoline, respectively, due to requirements with three notable parts and delay of lower warranty costs. a reduction in warranty costs. By exceptions. First, we have included Here we present the updated tables multiplying these costs per engine by costs for aging limit parts to their OBD that appeared in our preamble to the the projected annual sales we get annual thresholds. We inadvertently did not proposed regulations.72 Please refer to costs of around $45–55 million for include those costs in the draft analysis. the final technical support document diesel engines and $3–4 million for Discussion of this can be found in the contained in the docket for the details gasoline engines, depending on sales. Summary and Analysis of Comments of the analysis behind these cost The 30-year net present value of the document in Section VI.B. These newly estimates. annual variable costs would be $737 added costs are also presented in detail A. Variable Costs for Engines Used in million and $391 million at a three in Section 3.1.2.b of the final technical percent and a seven percent discount support document.71 Both of these Vehicles Over 14,000 Pounds rate, respectively. These costs are documents can be found in the docket The variable costs we have estimated summarized in Table V.A–1. for this rule. Second, while in the represent those costs associated with

71 Final Technical Support Document, HDOBD 72 See 72 FR 3273, Section VI. final rule, EPA420–R–08–019, Docket ID# EPA– HQ–OAR–2005–0047–0056.

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TABLE V.A–1—OBD VARIABLE COSTS FOR ENGINES USED IN VEHICLES OVER 14,000 POUNDS [All costs in $millions except per engine costs; 2007 dollars]

Diesel Gasoline Total

Cost per engine (2010–2012) ...... $43 $53 n/a Cost per engine (2013–2015) ...... 60 70 n/a Cost per engine (2016+) ...... 57 66 n/a Annual Variable Costs in 2010 a ...... 15 1 $16 Annual Variable Costs in 2013 a ...... 44 3 47 Annual Variable Costs in 2016 a ...... 43 3 47 Annual Variable Costs in 2030 a ...... 53 4 57 30 year NPV at a 3% discount rate ...... 686 51 737 30 year NPV at a 7% discount rate ...... 364 27 391 a Annual variable costs increase as projected sales increase.

B. Fixed Costs for Engines Used in of durability engines (i.e., the OBD The R&D costs we have estimated were Vehicles Over 14,000 Pounds parent engines), the costs associated totaled and then spread over the four We have estimated fixed costs for with generating the ‘‘limit’’ parts that year period prior to implementation of research and development (R&D), are required to demonstrate OBD the requirements for which the R&D is certification, and production evaluation detection at or near the applicable conducted. By 2013, all of the R&D work testing. The R&D costs include the costs emissions thresholds, and the costs would be completed in advance of 100 to develop the computer algorithms associated with generating the necessary percent compliance in 2013; hence, R&D required to diagnose engine and certification documentation. Production costs are zero by 2013. Certification emission control systems, and the costs evaluation testing costs included the costs are higher in 2013 than in 2010 for applying the developed algorithms costs associated with the three types of because 2010 requires one engine family to each engine family and to each production testing: Standardization to comply while 2013 requires all variant within each engine family. R&D features, monitor function, and engine families to comply. The 30 year costs also include the testing time and performance ratios. net present value of the annual fixed effort needed to develop and apply the Table V.B–1 summarizes the R&D, costs would be $475 million and $352 OBD algorithms. The certification costs certification, and production evaluation million at a three percent and a seven include the costs associated with testing testing costs that we have estimated. percent discount rate, respectively.

TABLE VI.B–1—OBD FIXED COSTS FOR ENGINES USED IN VEHICLES OVER 14,000 POUNDS [All costs in $millions; 2007 dollars]

Diesel Gasoline Certification & PE Certification & Total R&D testing Subtotal R&D PE testing Subtotal

Annual OBD Fixed Costs in given years

2010 .. $56 $0 .2 $56 $1 .0 <$0.1 $1.0 $57 2013 .. 0 0.4 0.4 0 <0.1 <0.1 0 .4 2030 .. 0 35 35 0 <0.1 <0.1 35

30 year NPV at the given discount rate

3% ..... 287 176 463 11 .1 0.4 11.4 475 7% ..... 243 99 .6 342 9 .7 0.2 9.9 352

C. Total Costs for Engines Used in a seven percent discount rate, the cost for the diesel fuel changes Vehicles Over 14,000 Pounds respectively. These costs are much resulted in 30 year net present value lower than the 30 year net present value costs for that rule of $88 billion and $53 The total OBD costs for engines used costs estimated for gasoline and diesel billion at a three percent and a seven in vehicles over 14,000 pounds are engines meeting the 2007HD highway percent discount rate, respectively (in summarized in Table V.C–1. As shown emissions standards which were $30 2007 dollars). See section VI for more in the table, the 30 year net present billion and $18 billion at a three percent details regarding the cost estimates from value cost is estimated at $1.2 billion and a seven percent discount rate, the 2007HD highway final rule. and $743 million at a three percent and respectively (in 2007 dollars). Including

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TABLE V.C–1—OBD TOTAL COSTS FOR ENGINES USED IN VEHICLES OVER 14,000 POUNDS [All costs in $millions; 2007 dollars]

Diesel Gasoline Total

Annual OBD Total Costs in given years

2010 ...... $71 $2 $67 2013 ...... 44 3 47 2030 ...... 89 4 93

30 year NPV at the given discount rate

3% ...... 1,150 63 1,212 7% ...... 706 37 743

D. Costs for Diesel Heavy-Duty Vehicles and $12 million at a three percent and to 14,000 pound diesel OBD. We are and Engines Used in Heavy-Duty a seven percent discount rate, making no changes to the 8,500 to Vehicles Under 14,000 Pounds respectively. These costs represent the 14,000 pound gasoline requirements so, The total OBD costs for 8,500 to incremental costs of the additional OBD therefore, have estimated no costs for 14,000 pound diesel applications are requirements, as compared to our gasoline vehicles. Details behind these summarized in Table V.D–1. As shown current OBD requirements, for 8,500 to estimated costs can be found in the final in the table, the 30 year net present 14,000 pound diesel applications and technical support document contained value cost is estimated at $16 million do not represent the total costs for 8,500 in the docket for this rule.73

TABLE V.D–1—TOTAL OBD COSTS FOR 8,500 TO 14,000 POUND DIESEL APPLICATIONS [All costs in $millions; 2007 dollars]

Diesel Gasoline Total

Annual OBD Total Costs in given years

2010 ...... $0 .1 $0 $0 .1 2013 ...... 0 0 0 2030 ...... 2 0 2

30 year NPV at the given discount rate

3% ...... 16 0 16 7% ...... 12 0 12

VI. What are the Updated Annual Costs the 2007/2010 standards to be fully 2007/2010 standards which include the and Costs per Ton Associated With the realized because emissions control previously estimated costs and 2007/2010 Heavy-Duty Highway systems cannot be expected to operate emissions reductions for the 2007/2010 Program? without some need for repair which, standards and the newly estimated costs absent OBD, may well never be done. associated with today’s HDOBD rule. In the 2007HD highway rule, we However, as noted in section V, because estimated the costs we expected to Note that the costs estimates we did not include an OBD program in associated with the 2007HD highway occur as a result of the emissions the 2007HD highway program, we did program were done using 1999 dollars. standards being made final in that rule. not estimate OBD related costs at that We have adjusted those costs to 2007 As noted in section IV, we consider the time. We have now done so and those OBD requirements contained in today’s dollars using the Consumer Price costs are presented in section V. 74 rule to be an important element of the Here we present the OBD costs as part Index. 2007HD highway program and its of the greater 2007HD highway program. A. Updated 2007 Heavy-Duty Highway ultimate success and not a new element To do this, we present both the costs Rule Costs Including OBD being included as an addition to that developed for that program and the program. In fact, without the OBD additional OBD costs presented in Table VI.A–1 shows the 2007HD requirements we would not expect the section V. We also calculate a new set highway program costs along with the emissions reductions associated with of costs per ton associated with the estimated OBD related costs.

73 Final Technical Support Document, HDOBD 74 http://www.bls.gov/cpi; U.S. city average, all final rule, EPA420–R–08–019, Docket ID# EPA– items, not seasonally adjusted. HQ–OAR–2005–0047–0056.

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TABLE VI.A–1—UPDATED 2007HD HIGHWAY PROGRAM COSTS INCLUDING NEW OBD-RELATED COSTS NET PRESENT VALUE OF ANNUAL COSTS FOR THE YEARS 2006–2035 [All costs in $millions; 2007 dollars]

2007 HD highway final rule Gasoline Final HD Updated Discount rate Diesel engine & Diesel fuel Original OBD total pro- engine vehicle costs total costs gram costs costs costs

3% ...... $29,500 $1,880 $56,240 $87,600 $1,230 $88,900 7% ...... 17,900 1,090 33,560 52,500 755 53,300

B. Updated 2007 Heavy-Duty Highway pollutant reduced. These numbers are between NOX+NMHC and PM related Rule Costs per Ton Including OBD from the 2007HD highway final rule— costs. Table VI.B–1 shows the 2007HD updated to 2007 dollars—which highway program costs per ton of contains the details regarding the split

TABLE VI.B–1—ORIGINAL 2007HD HIGHWAY PROGRAM COSTS, EMISSIONS REDUCTIONS, AND $/TON REDUCED NET PRESENT VALUES ARE FOR ANNUAL COSTS FOR THE YEARS 2006–2035 [Monetary values in 2007 dollars]

30 year NPV 30 year NPV Discount rate Pollutant cost reduction $/ton ($billions) (million tons)

3% ...... NOX+NMHC ...... 68.0 30.6 $2,220 PM ...... 19.9 1.4 14,750 7% ...... NOX+NMHC ...... 43.4 16.2 2,680 PM ...... 12.8 0.8 17,090

Table VI.B–2 shows the updated between NOX+NMHC and PM related OBD requirements have little impact on 2007HD highway program costs per ton OBD costs, we have used a 50/50 the overall costs and costs per ton of of pollutant reduced once the new OBD allocation. As shown in Table VI.B–2, emissions reduced within the context of costs have been included. For the split the OBD costs associated with the final the 2007HD highway program.

TABLE VI.B–2—UPDATED 2007HD HIGHWAY PROGRAM COSTS, EMISSIONS REDUCTIONS, AND $/TON REDUCED INCLUDING OBD RELATED COSTS NET PRESENT VALUES ARE FOR ANNUAL COSTS FOR THE YEARS 2006–2035 [Monetary values in 2007 dollars]

30 year NPV 30 year NPV Discount rate Pollutant cost reduction $/ton ($billions) (million tons)

3% ...... NOX+NMHC ...... 68.6 30.6 $2,240 PM ...... 20.5 1.4 15,210 7% ...... NOX+NMHC ...... 43.8 16.2 2,700 PM ...... 13.2 0.8 17,600

VII. How Have the Proposed engine families (e.g., the OBD system manufacturers, a build specification is Requirements for Engine Manufacturers general description), the manufacturer is provided to vehicle manufacturers Changed for This Final Rule? required to submit one set of documents detailing mechanical and electrical each model year for such items that specifications that must be adhered to A. Documentation Requirements cover all of its engine families. for proper installation and use of the The OBD system certification While the majority of the OBD engine (and to maintain compliance requirements require manufacturers to requirements apply to the engine and with emissions standards). We expect submit OBD system documentation that are incorporated by design into the engine manufacturers will continue to represents each engine family. The engine control module by the engine follow this practice so that the vehicle certification documentation must manufacturer, a portion of the OBD manufacturer would be able to maintain contain all of the information needed to requirements would apply to the vehicle compliance with the OBD regulations. determine if the OBD system meets the and not be self-contained within the Installation specifications would be OBD requirements. The regulation lists engine. Examples include the expected to include instructions the information that is required as part requirements to have a MIL in the regarding the location, color, and of the certification package. If any of the instrument cluster and a diagnostic display icon of the MIL (as well as information in the certification package connector in the cab compartment. As is electrical connections to ensure proper is the same for all of a manufacturer’s currently done by the engine illumination), location and type of

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diagnostic connector, and electronic table. The OBD system description provide any other OBD-related VIN access. During the certification would include a complete written information necessary to determine the process, in addition to submitting the description for each monitoring strategy OBD compliance status of the details of all of the diagnostic strategies outlining every step in the decision- manufacturer’s product line. and other information required, engine making process of the monitor, The only change to the final manufacturers are required to submit a including a general explanation of the documentation requirements relative to copy of the OBD-relevant installation monitoring conditions and malfunction the proposed requirements is a new specifications provided to vehicle criteria. This description should include provision applicable to those OBD manufacturers and a description of the graphs, diagrams, and/or other data that systems designed to the CARB HDOBD method used by the engine would help our compliance staff requirements. Any such system must manufacturer to ensure vehicle understand how each monitor works have detailed documentation describing manufacturers adhere to the provided and interacts. The OBD summary table how the system meets the full intent installation specifications (e.g., required would include specific parameter behind the requirements of § 86.010– audit procedures or signed agreements values. This table would provide a 18.75 It will not be sufficient for a to adhere to the requirements). We are summary of the OBD system manufacturer to submit OBD requiring that this information be specifications, including: the documentation and a statement that it is submitted to us to provide a reasonable component/system, the DTC identifying a California HDOBD system or even a level of verification that the OBD each related malfunction, the California approved OBD system. The requirements will indeed be satisfied. In monitoring strategy, the parameter used certification documentation must summary, engine manufacturers are to detect a malfunction and the include details about how the system responsible for submitting a certification malfunction criteria limits against compares to the requirements of package that includes: which the parameter is evaluated, any § 86.010–18 to ensure that we can be • A detailed description of all OBD secondary parameter values and the comfortable approving that system for monitors, including monitors on signals operating conditions needed to run the certification. or messages coming from other modules monitor, the time required to execute B. Catalyst Aging Procedures upon which the engine control unit and complete a monitoring event for For purposes of determining the relies to perform other OBD monitors; both a pass decision and a fail decision, catalyst malfunction criteria for diesel and, and the criteria or procedure for • NMHC converting catalysts, SCR A copy of the OBD-relevant illuminating the MIL. In these tables, catalysts, and lean NO catalysts, and installation specifications provided to manufacturers are required to use a X for gasoline catalysts (i.e., for generating vehicle manufacturers/chassis builders common set of engineering units to OBD threshold parts, or limit parts), and the method used to reasonably simplify and expedite the review ensure compliance with those where those catalysts are monitored process. specifications. individually, the manufacturer must use As was discussed in the context of our We are also requiring that the a catalyst deteriorated to the implementation schedule (see section manufacturer submit a logic flowchart malfunction criteria using methods II.G.1), the regulations would allow for each monitor that would illustrate established by the manufacturer to engine manufacturers to establish OBD the step-by-step decision process for represent real world catalyst groups consisting of more than one determining malfunctions. Additionally, deterioration under normal and engine family with each having similar we would need any data that supports malfunctioning engine operating OBD systems. The manufacturer could the criteria used to determine conditions. For purposes of determining then submit only one set of malfunctions that cause emissions to the catalyst malfunction criteria for representative OBD information from exceed the specified malfunction diesel NMHC converting catalysts, SCR each OBD group. We anticipate that the thresholds (see Tables II.B–1 and II.C– catalysts, and lean NOX catalysts, and representative information would 1). The manufacturer would have to for gasoline catalysts, where those normally consist of an application from include data that demonstrates the catalysts are monitored in combination a single representative engine rating probability of misfire detection by the with other catalysts, the manufacturer within each OBD group. In selecting the misfire monitor over the full engine must submit their catalyst system aging engine ratings to represent each OBD speed and load operating range (for and monitoring plan to the group, consideration should be given to gasoline engines only) or the capability Administrator as part of their the exhaust emission control of the misfire monitor to correctly certification documentation package. components for all engine families and identify a ‘‘one cylinder out’’ misfire for The plan must include the description, ratings within an OBD group. For each cylinder (for diesel engines only), emission control purpose, and location example, if one engine family within an a description of all the parameters and of each component, the monitoring OBD group has additional emission conditions necessary to begin closed- strategy for each component and/or control devices relative to another loop fuel control operation (for gasoline combination of components, and the family in the group (e.g., the first family engines only), closed-loop EGR control method for determining the applicable has a DPF+SCR while the second has (for diesel engines only), closed-loop malfunction criteria including the only a DPF), the representative rating fuel pressure control (for diesel engines deterioration/aging process. only), and closed-loop boost control (for should probably come from the first C. Demonstration Testing engine family. Manufacturers seeking to diesel engines only). We also need a consolidate several engine families into listing of all electronic powertrain input While the certification documentation one OBD group would be required to get and output signals (including those not requirements discussed above require approval of the grouping prior to monitored by the OBD system) that manufacturers to submit technical submitting the information for identifies which signals are monitored details of each monitor (e.g., how each certification. by the OBD system, and the emission Two of the most important parts of data from the OBD demonstration 75 See section 86.010–18(m)(3) which is new in the final regulations. Also see § 86.010–18(a)(5) the certification package would be the testing (as described below). Lastly, the which is new in the final regulations. Also see OBD system description and summary manufacturer will be expected to section II.A.5, above.

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monitor worked, when the monitor 1. Selection of Test Engines years 2010 through 2012 and again for would run), we still need some the years 2013 through 2015. assurance that the manufacturer’s OBD To minimize the test burden on Given the difficulty and expense in monitors are indeed calibrated correctly manufacturers, we are requiring that removing an in-use engine from a and are able to detect a malfunction this testing be done on only one to three vehicle for engine dynamometer testing, before an emissions threshold is demonstration engines per year per this demonstration testing will likely exceeded. Thus, we are requiring that manufacturer rather than requiring that represent nearly all of the OBD emission manufacturers conduct certification all engines be tested. Such an approach testing that would ever be done on these demonstration testing of the major should still allow us to be reasonably engines. Requiring a manufacturer who monitors to verify the malfunction sure that manufacturers have calibrated is fully equipped to do such testing, and threshold values. This testing will be their OBD systems correctly on all of already has the engines on engine required on one to three demonstration their engines. This also spreads the test dynamometers for emission testing, to engines per year. Before receiving a burden over several years and allows test one to three engines per year would certificate of compliance, the manufacturers to better utilize their test be a minimal testing burden that manufacturer must submit cell resources. This approach is provides invaluable and, in a practical documentation and emissions data consistent with our approach to sense, otherwise unobtainable proof of demonstrating that the major OBD demonstration testing to existing compliance with the OBD emissions monitors are able to detect a emissions standards where a parent thresholds. malfunction when emissions exceed the engine is chosen to represent each Regarding the selection of which emissions thresholds. On each engine family and emissions test data engine ratings will have to be demonstration engine, this testing for only that parent engine are demonstrated, manufacturers are would consist of the following two submitted to EPA.77 required to submit descriptions of all elements: The number of demonstration engines engine families and ratings planned for • Testing the OBD system with manufacturers must test will be aligned the upcoming model year. We will ‘‘threshold’’ components (i.e., with the phase-in of OBD in the 2010 review the information and make the components that are deteriorated or and 2013 model years and based on the selection(s) in consultation with CARB malfunctioning right at the threshold year and the total number of engine staff and the manufacturer. For each required for MIL illumination); and, engine family and rating, the • families the manufacturer will be Testing the OBD system with certifying for that model year. information submitted by the ‘‘worst case’’ components. This element Specifically, for the 2010 model year manufacturer will need to identify of the demonstration test must be done when a manufacturer is only required to engine model(s), power ratings, for the DPF and any NOX aftertreatment implement OBD on a single engine applicable emissions standards or system only. family, demonstration testing will be family emissions limits, emissions By testing with both threshold required on only one engine (a single controls on the engine, and projected components (i.e., the best performing engine rating within the one engine engine sales volume. Factors that would malfunctioning components) and with be used in selecting the one to three worst case components (i.e., the worst family). This will be the OBD parent rating as discussed in section II.G. For engine ratings for demonstration testing performing malfunctioning include, but are not limited to, new components), we will be better able to the 2013 model year, manufacturers will be required to conduct demonstration versus old/carryover engines, emissions verify that the OBD system should control system design, possible perform as expected regardless of the testing on one to three engines per year (i.e., one to three OBD parent ratings). transition point to more stringent level of deterioration of the component. emissions standards and/or OBD This could become increasingly The number of parent ratings would be chosen depending on the total number emissions thresholds, and projected important with new technology sales volume. aftertreatment devices that could be of engine families certified by the subject to complete failure (such as manufacturer. A manufacturer certifying 2. Required Testing DPFs) or even to tampering by vehicle one to five engine families in the given Regarding the actual testing, the operators looking to improve fuel year would be required to test one manufacturer will be required to economy or vehicle performance. We demonstration engine. A manufacturer perform ‘‘single fault’’ testing using the believe that, given the likely certifying six to ten engine families in applicable test procedure and with the combinations of emissions control the given year would be required to test appropriate components/systems set at hardware, a diesel engine manufacturer two demonstration engines, and a the manufacturer defined malfunction would likely need to conduct 8 to 10 manufacturer certifying more than ten criteria limits for the following emissions tests per demonstration engine families in the given year will be monitors: engine to satisfy these requirements and required to test three demonstration • For diesel engines: Fuel system; a gasoline engine manufacturer would engines. For the 2016 and subsequent misfire; EGR; turbo boost control; model years, we intend to work closely likely need to conduct five to seven NMHC catalyst; SCR catalyst/NOX emissions tests per demonstration with CARB staff and the manufacturer catalyst/adsorber; DPF; exhaust gas engine.76 to determine the parent ratings so that sensors; VVT; and any other monitor the same ratings are not acting as the that would fall within the discussion of 76 For diesel engines these would include: The parents every year. In other words, our section II.D.5. fuel system; misfire (HCCI engines); EGR, turbo definitions for the OBD parent ratings as • For gasoline engines: Fuel system; boost control, DPF, NOX adsorber or SCR system, discussed here apply only during the NMHC catalyst, exhaust gas sensors, VVT, and misfire; EGR; cold start strategy; possible other emissions controls (see section secondary air; catalyst; exhaust gas II.D.5). For gasoline engines these would include: require any due to the use of a functional monitor sensors; VVT; and any other monitor The fuel system, misfire, EGR, cold start strategy, rather than an emissions threshold monitor. that would fall within the discussion of secondary air system, catalyst, exhaust gas sensors, 77 For over 14,000 pound OBD, we have a VVT, and possible other emissions controls (see different definition of a ‘‘parent’’ engine than is section II.D.5. section II.D.5). Some of these may require more used for emissions certification. This is discussed Such ‘‘single fault’’ testing requires than one emissions test while others may not at length in section II.G. that, when performing a test for a

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specific parameter, that parameter must be expected to use, subject to approval, Manufacturers will be allowed to use be operating at the malfunction criteria an aging process that ensures that alternative testing protocols, even limit while all other parameters would deterioration of the exhaust chassis testing, for demonstration of be operating within normal aftertreatment devices is stabilized MIL illumination if the engine characteristics (unless the malfunction sufficiently such that it properly dynamometer emissions test cycle does prohibits some other parameter from represents the performance of the not allow all of a monitor’s enable operating within its normal devices at the applicable point in their conditions to be satisfied. A characteristics). Also, the manufacturer useful life. Note that, should the 2010 manufacturer wanting to do so will be will be allowed to use computer model year engine be carried over for required to demonstrate the technical modifications to cause the specific 2013 model year certification (which we necessity for using their alternative test parameter to operate at the malfunction fully expect most manufacturers to do), cycle and that using it demonstrates that limit provided the manufacturer can we would not require any new the MIL will illuminate during in-use demonstrate that the computer demonstration aging or testing. operation with the malfunctioning modifications produce test results component. 3. Testing Protocol equivalent to an induced hardware 4. Evaluation Protocol malfunction. Lastly, for each of these We have made no changes in the final testing requirements, wherever the rule relative to the proposal as regards We have made no changes in the final manufacturer has established that only testing protocol. We are allowing the rule relative to the proposal as regards a functional check is required because manufacturer to use any applicable test evaluation protocol. For all no failure or deterioration of the specific cycle for preconditioning test engines demonstration tests on parent engines, tested component/system can result in prior to conducting each of the we will expect the MIL to activate upon an engine’s emissions exceeding the emissions tests discussed above. detecting the malfunctioning system or applicable emissions thresholds, the Additional preconditioning can be done component, and that it will occur before manufacturer will not be required to if the manufacturer can provide data the end of the first engine start portion perform a demonstration test. In such and/or engineering analyses that of the emissions test. If the MIL cases, the manufacturer can simply demonstrate that additional activates prior to emissions exceeding provide the data and/or engineering preconditioning is necessary. the applicable malfunction criteria, no analysis used to determine that only a The manufacturer will then set the further demonstration will be required. functional test of the component/system system or component of interest at the With respect to the misfire monitor is required. criteria limit(s) prior to conducting the demonstration test, if the manufacturer Manufacturers that are required to applicable preconditioning cycle(s). If has elected to use the minimum misfire submit data from more than one engine more than one preconditioning cycle is malfunction criterion of one percent (as rating will be granted some flexibility by being used, the manufacturer may adjust is allowed), then no further allowing the data to be collected under the system or component of interest demonstration would be required less rigorous testing requirements than prior to conducting the subsequent provided the MIL illuminates during a the official FTP or SET certification test. preconditioning cycle. However, the test with an implanted misfire of one That is, for the possible second and manufacturer may not replace, modify, percent. third engine ratings required for or adjust the system or component of If the MIL does not activate when the demonstration testing, manufacturers interest following the last system or component being tested is set will be allowed to submit data using preconditioning cycle. at its malfunction criteria limits, then internal sign-off test procedures that are After preconditioning, the test engine the criteria limits or the OBD system representative of the official FTP or SET will be operated over the applicable test would not be considered acceptable. in lieu of running the official test. cycle to allow for the initial detection of Retesting would be required with more Commonly used procedures include the the tested system or component tightly controlled criteria limits (i.e., use of engine emissions test cells with malfunction. This test cycle may be recalibrated limits) and/or another less rigorous quality control procedures omitted from the testing protocol if it is suitable system or component that than those required for the FTP or SET unnecessary. If required by the would result in MIL activation. If the or the use of forced cool-downs to designated monitoring strategy, a cold criteria limits are recalibrated, the minimize time between tests. soak may be performed prior to manufacturer would be required to Manufacturers will still be liable for conducting this test cycle. The test confirm that the systems and meeting the OBD emissions thresholds engine will then be operated over the components that were tested prior to on FTPs and/or SETs conducted in full applicable exhaust emission test. recalibration would still function accordance with the Code of Federal A manufacturer required to test more properly and as required. Regulations. Nonetheless, this latitude than one test engine may use internal 5. Confirmatory Testing will allow them to use some short-cut calibration sign-off test procedures (e.g., methods that they have developed to forced cool downs, less frequently We have made no changes in the final assure themselves that the system is calibrated emission analyzers) instead of rule relative to the proposal as regards calibrated to the correct level without official test procedures to obtain this confirmatory testing. We may choose to incurring the additional testing cost and emissions test data for all but one of the confirmatory test a demonstration burden of running the official FTP or required test engines. However, the engine to verify the emissions test data SET on every demonstration engine. manufacturer should use sound submitted by the manufacturer. Any For the demonstration engine(s), a engineering judgment to ensure that the such confirmatory testing would be manufacturer will be required to use an data generated using such alternative limited to the engine rating represented engine(s) aged for a minimum of 125 test/sign-off procedures are good data by the demonstration engine(s) (i.e., the hours plus exhaust aftertreatment because manufacturers would still be parent engine(s)). To do so, we, or our devices aged in a manner representative responsible for meeting the malfunction designee, would install appropriately of full useful life. We are allowing for criteria when emissions tests are deteriorated or malfunctioning rapid aging using a process approved by performed in accordance with official components (or simulate a deteriorated the Administrator. Manufacturers would test procedures. or malfunctioning component) in an

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otherwise properly functioning engine software modifications that cannot be E. Production Evaluation Testing of the same engine family and rating as accomplished in the time available, as We have made no changes in the final the demonstration engine. Such determined by the Administrator.78 rule relative to the proposal as regards confirmatory testing would be done on Nonetheless, we recognize that there production evaluation testing. The OBD those OBD monitors for which may be situations where more than one system is a complex software and demonstration testing had been deficiency is necessary and appropriate, hardware system, so there are many conducted as described in this section. or where carry-over of a deficiency or opportunities for unintended The manufacturer would be required to deficiencies for more than one year is interactions that can result in certain make available, upon Administrator necessary and appropriate. In such elements of the system not working as request, a test engine and all test situations, more than one deficiency, or intended. We have seen many such equipment—e.g., malfunction carry-over for more than one year, may mistakes in the under 14,000 pound simulators, deteriorated components— arena ranging from OBD systems that necessary to duplicate the be approved, provided the manufacturer are unable to communicate any manufacturer’s testing. As with our has demonstrated an acceptable level of information to a scan tool to monitors emission certification program, any effort toward full OBD compliance. that are unable to store a DTC and failure to pass confirmatory testing Most importantly, the deficiency illuminate the MIL. While over 14,000 means that no certificate would be provisions cannot be used as a means to pound heavy-duty vehicles are very issued until the cause of the avoid compliance or delay different from light-duty vehicles in noncompliance is fixed. implementation of any OBD monitors or as a means to compromise the overall terms of emission controls and OBD D. Deficiencies effectiveness of the OBD program. monitoring strategies, among other Our under 14,000 pound OBD things, these types of problems do not There has often been some confusion requirements have contained a depend on these differences and, as by manufacturers regarding what CARB deficiency provision for years. The OBD such, are as likely to occur with over deficiency provision was first has termed ‘‘retroactive’’ deficiencies. 14,000 pound OBD as they are with introduced on March 23, 1995 (60 FR The CARB rule states that, ‘‘During the under 14,000 pound OBD. Additionally, 15242), and was revised on December first 6 months after commencement of we believe that there is great value in 22, 1998 (63 FR 70681). Consistent with normal production, manufacturers may having manufacturers self-test actual that provision, we proposed and are request that the Executive Officer grant production end products that operate on finalizing a deficiency provision for a deficiency and amend an engine’s the road, as opposed to pre-production over 14,000 pound OBD. We believe certification to conform to the granting products, where errors can be found in that, like has occurred and even still of the deficiencies for each aspect of the individual subsystems that may work occurs with under 14,000 pound OBD, monitoring system: (a) Identified by the fine by themselves but not when some manufacturers will encounter manufacturer (during testing required integrated into a complete product (e.g., unforeseen and generally last minute by section (l)(2) or any other testing) to due to mistakes like improper wiring). problems with some of their OBD be functioning different than the Therefore, we are requiring that monitoring strategies despite having certified system or otherwise not manufacturers self-test a small fraction made a good faith effort to comply with meeting the requirements of any aspect of their product line to verify the requirements. Therefore, we are of section 1971.1; and (b) reported to the compliance with the OBD requirements. providing a provision that would permit Executive Officer.’’ 79 We have never The test requirements are divided into certification of an over 14,000 pound had and did not propose any such three distinct sections with each section OBD system with ‘‘deficiencies’’ in retroactive deficiency provision. We representing a test for a different portion of the OBD requirements. These three cases where a good faith effort to fully have regulations in place that govern sections being: compliance with the comply has been demonstrated. In situations, whether they be detected by making deficiency determinations, we applicable SAE and/or ISO EPA or by the manufacturer, where in- will consider the extent to which the standardization requirements; use vehicles or engines are determined OBD requirements have been satisfied compliance with the monitoring to be functioning differently than the requirements for proper DTC storage overall based on our review of the 80 certification application, the relative certified system. We refer to these and MIL illumination; and, compliance performance of the given OBD system regulations as our defect reporting with the in-use monitoring performance compared to systems that truly are fully requirements and manufacturers are ratios. compliant with the OBD requirements, required to comply with these 1. Verification of Standardization and a demonstrated good-faith effort on regulations, even for situations deemed Requirements the part of the manufacturer to both by CARB to be ‘‘retroactive’’ meet the requirements in full and come deficiencies, unless the defect is An essential part of the OBD system into full compliance as expeditiously as corrected prior to the sale of engines to is the requirement for standardization. possible. an ultimate purchaser. In other words, The standardization requirements We believe that having the deficiency a retroactive deficiency granted by the include items as simple as the location provision is important because it Executive Officer does not preclude a and shape of the diagnostic connector facilitates OBD implementation by manufacturer from complying with our (where technicians can ‘‘plug in’’ a scan allowing for certification of an engine defect reporting requirements. tool to the onboard computer) to more despite having a relatively minor complex subjects concerning the shortfall. Note that we do not expect to 78 The CARB HDOBD rulemaking has a provision manner and format in which DTC certify engines with OBD systems that to charge fees associated with OBD deficiencies 13 information is accessed by technicians have more than one deficiency, or to CCR 1971.1(k)(3), Docket ID# EPA–HQ–OAR–2005– via a ‘‘generic’’ scan tool. Manufacturers 0047–0006. We have never had and will continue allow carryover of any deficiency to the not to have any such fee provision. must meet these standardization following model year unless it can be 79 See 13 CCR 1971.1(k)(6), Docket ID# EPA–HQ– requirements to facilitate the success of demonstrated that correction of the OAR–2005–0047–0006. the OBD program because they ensure deficiency requires hardware and/or 80 See 40 CFR 85.1903. consistent access by all repair

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technicians to the stored information in these data, the engine manufacturer is currently being used to test 2005 and the onboard computer. The need for must submit for approval a test plan 2006 model year vehicles under 14,000 consistency is even greater when verifying that the vehicles scheduled for pounds. We believe that similar considering the potential use of OBD testing will be representative of all equipment could be developed for system checks in inspection and vehicle configurations (e.g., each engine vehicles over 14,000 pounds in time for maintenance (I/M) programs for heavy- control module variant coupled with the 2013 model year. Ideally, the duty. Such OBD based I/M checks and without the other available vehicle equipment and the test procedure would benefit from having access to the components that could affect scan tool would verify each and every diagnostic information in the onboard communication such as automatic requirement of the communication computer via a single ‘‘generic’’ scan transmission or hybrid powertrain specifications including the various tool instead of individual tools for every control modules). The plan must physical layers, message structure, make and model of truck that might be include details on all the different response times, and message content. inspected. For OBD based inspections to applications and configurations that Presumably, any such verification work effectively and efficiently, all will be tested. equipment would not replace the engines/vehicles must be designed and As noted, manufacturers will be function of existing ‘‘generic’’ scan tools built to meet all of the applicable required to conduct this testing on used by repair technicians or I/M standardization requirements. actual production vehicles, not stand- inspectors. The equipment would likely While we anticipate that the vast alone engines. This is important since be custom-designed and be used for the majority of vehicles would comply with controllers that work properly in a stand express purpose of this assembly line all of the standardization requirements, alone setting (e.g., the engine before it testing (i.e., it would not include all of some problems involving the is installed in a vehicle) may have the necessary diagnostic features needed communication between vehicles and interaction problems when installed and by repair technicians). ‘‘generic’’ scan tools are likely to occur attempting to communicate with other in the field. The cause of such problems vehicle controllers (e.g., the 2. Verification of Monitoring could range from differing transmission controller). In such a case, Requirements interpretations of the existing separate testing of the controllers would As noted above, the OBD system is a standardization requirements to be blind to the problem. Since heavy- complex software and hardware system, possible oversights by design engineers duty engine manufacturers are expected so there are many opportunities for or hardware inconsistencies or even to sell the same engine (with the same unintended interactions that can result last-minute production changes on the calibration) to various vehicle in certain elements of the system not assembly line. manufacturers who would put them in working as intended. The causes of To minimize the chance for such different final products (e.g., with possible problems vary from simple problems on future over 14,000 pound different transmission control modules), typing errors in the software code to trucks, we are requiring that engine the same communication problem component supplier hardware changes manufacturers test a sample of would be expected in each final late in development or just prior to start production vehicles from the assembly product. of production. Given the complexity of line to verify that the vehicles have This testing should occur soon OBD monitors and their associated indeed been designed and built to the enough in the production cycle to algorithms, there can be thousands of required specifications for provide manufacturers with early lines of software code required to meet communication with a ‘‘generic’’ scan feedback regarding the existence of any the diagnostic requirements. tool. We are requiring that problems and time to resolve the Implementing that code without manufacturers test complete vehicles to problem prior to the entire model year’s interfering with the software code ensure that they comply with some of products being introduced into the field. required for normal operation is and the basic ‘‘generic’’ scan tool We are requiring that the testing be done will be a very difficult task with many standardization requirements, including and the data submitted to us within opportunities for human error. We those that are essential for proper either three months of the start of expect that manufacturers will conduct inspection in an I/M setting. Ideally, normal engine production or one month some validation testing on end products manufacturers would test one vehicle of the start of vehicle production, to ensure that there are no problems that for each truck and engine model whichever is later. would be noticed by the vehicle combination that is introduced into To be sure that all manufacturers are operator. We believe that manufacturers commerce. However, for a large engine testing vehicles to the same level of should include in such verification manufacturer, this can be in the stringency, we are requiring that engine testing an evaluation of the OBD system neighborhood of 5,000 to 10,000 unique manufacturers submit documentation (e.g., does the MIL illuminate as combinations making it unreasonable to outlining the testing equipment and intended in response to a malfunction?). require testing of every combination. methods they intend to use to perform Therefore, we are requiring that Therefore, we are requiring that this testing. We anticipate that engine engine manufacturers perform a manufacturers test 10 such manufacturers and scan tool thorough level of validation testing on at combinations per engine family. Given manufacturers will probably develop a least one production vehicle and up to that a typical engine family has roughly common piece of hardware and software two more production engines per model five different engine ratings, this works that could be used by all engine year. The production vehicles/engines out to testing only around two vehicles manufacturers at the end of the vehicle required for testing would have to be per engine rating. assembly line to meet this requirement. equipped with/be from the same engine More specifically, manufacturers must Two different projects (SAE J1699 and families and ratings as used for the test one vehicle per software ‘‘version’’ LOC3T) have developed such certification demonstration testing released by the manufacturer. With equipment in response to California described in section VII.C. If a proper demonstration, manufacturers OBD II requirements.81 The equipment manufacturer demonstrated one, two, or will be allowed to group different three engines for certification, then at calibrations together to be demonstrated 81 13 CCR 1968.2, August 11, 2006, Docket ID# least one production vehicle and by a common vehicle. Prior to acquiring EPA–HQ–OAR–2005–0047–0005. perhaps an additional one to two

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engines would have to be tested, to determine how often they are grouped to represent sales of their respectively. We will work with the monitoring during in-use operation. engines, and the number of engines manufacturer and CARB staff to These requirements are discussed in tested per monitoring performance determine the actual vehicles and more detail in section II.E. To group. Manufacturers will be required to engines to test. summarize that discussion, monitors are submit performance ratio data from a The testing itself will consist of expected to execute in the real world sample of at least 15 vehicles per implanting or simulating malfunctions and meet a minimum acceptable monitoring performance group. For to verify that virtually every single performance level determined as the example, a manufacturer with two engine-related OBD monitor on the ratio of the number of good monitoring emission control system architectures vehicle correctly identifies the events to the number of actual trips. The sold into each of the line-haul, urban malfunction, stores an appropriate DTC, ratio required is 10 percent, meaning delivery, and ‘‘other’’ groupings, will be and illuminates the MIL. Manufacturers that monitors should execute during at required to submit data on up to 90 will not be required to conduct any least 10 percent of the trips taken by the vehicles (i.e., 2 × 3 × 15). We are emissions testing. Instead, for those engine/vehicle. Monitors that perform requiring that these data be collected malfunctions designed against an below the minimum ratio will be subject every year. Some manufacturers may emissions threshold, the manufacturer to remedial action and possibly recall. find it easiest to collect data from would simply implant or simulate a However, the minimum ratio is not vehicles that come in to its authorized malfunction and verify detection, DTC effective until the 2013 and later model repair facilities for routine maintenance storage, and MIL illumination. Actual years. For the 2010 through 2012 model or warranty work during the time period ‘‘threshold’’ parts will not be needed for year engines certified to today’s OBD required, while others may find it more such testing. Implanted malfunctions requirements, we are requiring that the advantageous to hire a contractor to could use severely deteriorated parts if data be collected even though the collect the data. Upon good cause, we desired by the manufacturer since the minimum ratio is not yet effective. The may extend the time period for testing. point of the testing is to verify detection, data gathered on these engines will help As stated before, the data collected DTC storage, and MIL illumination. to determine whether the 10 percent under this program are intended Upon submitting the data to the ratio is appropriate for all applications primarily to provide an early indication Administrator, the manufacturer will be and, if not, we intend to propose a that the systems are working as required to also provide a description of change to the requirement to reflect that intended in the field, to provide the testing and the methods used to learning. information to ‘‘fine-tune’’ the implant or simulate each malfunction. We are requiring that the engine requirement to track the performance of Note that testing of specific monitors manufacturer gather these data on monitors, and to provide data to be used will not be required if the manufacturer production vehicles rather than engines. to develop a more appropriate minimum can show that no possible test exists Since not every vehicle can be ratio for future regulatory revisions. The that could be done on that monitor evaluated, we are requiring that data are not intended to substitute for without causing physical damage to the manufacturers generate groups of testing that we would perform for production vehicle. We are requiring engine/vehicle combinations to ensure enforcement reasons to determine if a that the testing be completed and adequate representation of the fleet. manufacturer is complying with the reported to us within six months after Specifically, manufacturers will be minimum acceptable performance the manufacturer begins normal engine required to separate production vehicles ratios. In fact, the data collected would production. This should provide early into monitoring performance groups not likely meet all the required elements feedback on the performance of every based on the following criteria and for testing to make an official monitor on the vehicle prior to too submit performance ratio data determination that the system is many entering production. Upon good representative of each group: • noncompliant. As such, we believe the cause, we may extend the time period Emission control system testing will be of most value to for testing. architecture type—All engines that use manufacturers since monitor Note that, in their HDOBD rule,82 the same or similar emissions control performance problems can be corrected CARB allows, as an incentive to perform system architecture and associated prior to EPA conducting a full monitoring system would be in the same a thorough validation test, a enforcement action that could result in emission architecture category. By manufacturer to request that any a recall. problem discovered during this self-test architecture we mean engines with EGR be treated as a ‘‘retroactive’’ deficiency. + DPF + SCR, or EGR + DPF + NOX VIII. What Are the Issues Concerning Adsorber, or EGR + DPF-only, etc. Inspection and Maintenance Programs? As discussed in section VII.D, we do not • have a provision for retroactive Application type—Within an In the preamble to our proposal, we deficiencies. Importantly, a retroactive emission architecture category, engines included a discussion of issues deficiency granted by the Executive would be separated by vehicle surrounding potential future HDOBD- Officer does not preclude a application. The separate application based I/M programs. However, while we manufacturer from complying with our categories would be based on three sought comment on these issues, we did defect reporting requirements. This classifications: engines intended not make any formal proposals issue was discussed in more detail in primarily for line-haul chassis regarding HDOBD-based I/M. We section VII.D. applications, engines intended received a fair amount of comment and primarily for urban delivery chassis have summarized those comments in 3. Verification of In-Use Monitoring applications, and all other engines. the Summary and Analysis document Performance Ratios We are requiring that these data be contained in the docket for this rule.83 submitted to us within 12 months of the We are requiring that manufacturers We are taking no final action regarding production vehicles entering the market. track the performance of several of the HDOBD-based I/M at this time. We refer most important monitors on the engine Upon submitting the collected data to us, the manufacturer must also provide 83 Summary and Analysis of Comments 82 13 CCR 1971.1, Docket ID# EPA–HQ–OAR– a detailed description of how the data document, HDOBD final rule, EPA420–R–08–018, 2005–0047–0006. were gathered, how vehicles were Docket ID# EPA–HQ–OAR–2005–0047–0055.

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the reader to the proposal for our annual industry cost burden for the 12 manufacturers of large engines meant discussion of the issues, and our respondents of $1,236,481. for highway use. These are large Summary and Analysis document for a Burden means the total time, effort, or manufacturers. This action also changes summary of the comments we received. financial resources expended by persons existing requirements on manufacturers to generate, maintain, retain, or disclose of passenger car and smaller heavy-duty IX. Statutory and Executive Order or provide information to or for a engines meant for highway use. These Reviews Federal agency; technology and systems changes place no meaningful new A. Executive Order 12866: Regulatory for the purposes of collecting, requirements on those manufacturers. Planning and Review validating, and verifying. This includes D. Unfunded Mandates Reform Act This action is not a ‘‘significant the time needed to review instructions; Title II of the Unfunded Mandates regulatory action’’ under the terms of develop, acquire, install, and utilize Reform Act of 1995 (UMRA), Public Executive Order (EO) 12866 (58 FR information, processing and Law 104–4, establishes requirements for 51735, October 4, 1993) and is, maintaining information, and disclosing federal agencies to assess the effects of therefore, not subject to review under and providing information; adjust the their regulatory actions on state, local, the EO. existing ways to comply with any EPA prepared an analysis of the previously applicable instructions and and tribal governments, and the private potential costs associated with this requirements; train personnel to be able sector. Under section 202 of the UMRA, action. This analysis is contained in the to respond to a collection of EPA generally must prepare a written technical support document.84 A copy information; search data sources; statement, including a cost-benefit of the analysis is available in the docket complete and review the collection of analysis, for proposed and final rules and was summarized in section V of this information; and transmit or otherwise with ‘‘Federal mandates’’ that may preamble. disclose the information. result in expenditures to state, local, An agency may not conduct or and tribal governments, in the aggregate, B. Paperwork Reduction Act sponsor, and a person is not required to or to the private sector, of $100 million The information collection respond to a collection of information or more for any single year. Before requirements for this action have been unless it displays a currently valid OMB promulgating a rule for which a written submitted for approval to the Office of control number. The OMB control statement is needed, section 205 of the Management and Budget (OMB) under numbers for EPA’s regulations in 40 UMRA generally requires EPA to the Paperwork Reduction Act, 44 U.S.C. CFR are listed in 40 CFR part 9. identify and consider a reasonable number of regulatory alternatives and to 3501 et seq. The Information Collection C. Regulatory Flexibility Act (RFA), as adopt the least costly, most cost- Request (ICR) document prepared by Amended by the Small Business effective, or least burdensome EPA has been assigned EPA ICR number Regulatory Enforcement Fairness Act of alternative that achieves the objectives 1684.13. Under Title II of the Clean Air 1996 (SBREFA), 5 U.S.C. 601 et seq. Act (42 U.S.C. 7521 et seq.; CAA), EPA of the rule. The provisions of section is charged with issuing certificates of The Regulatory Flexibility Act (RFA) 205 do not apply when they are conformity for those engines that generally requires an agency to prepare inconsistent with applicable law. comply with applicable emission a regulatory flexibility analysis of any Moreover, section 205 allows EPA to standards. Such a certificate must be rule subject to notice and comment adopt an alternative that is not the least issued before engines may be legally rulemaking requirements under the costly, most cost-effective, or least introduced into commerce. EPA uses Administrative Procedure Act or any burdensome alternative if the certification information to verify that other statute unless the agency certifies Administrator publishes with the final the proper engine prototypes have been that the rule will not have a significant rule an explanation of why such an selected and that the necessary testing economic impact on a substantial alternative was not adopted. has been performed to assure that each number of small entities. Small entities Before EPA establishes any regulatory engine complies with emission include small businesses, small requirement that may significantly or standards. In addition, EPA also has the organizations, and small governmental uniquely affect small governments, authority under Title II of the Clean Air jurisdictions. including tribal governments, it must to ensure compliance by require in-use For purposes of assessing the impacts have developed under section 203 of the testing of vehicles and engines. EPA is of this action on small entities, small UMRA a small government agency plan. requiring additional information at the entity is defined as: (1) A small The plan must provide for notifying time of certification to ensure that the businesses defined by the Small potentially affected small governments, on-board diagnostic (OBD) requirements Business Administration’s (SBA) enabling officials of affected small are being met. EPA is also requiring that regulations at 13 DFR 121.201; (2) a governments to have meaningful and manufacturers conduct and report the small governmental jurisdiction that is a timely input in the development of EPA results of in-use testing of the OBD government of a city, county, town, regulatory proposals with significant systems to demonstrate that they are school district or special district with a Federal intergovernmental mandates, performing properly. Therefore, EPA is population of less than 50,000; and (3) and informing, educating, and advising requiring 207 hours of annual burden a small organization that is any not-for- small governments on compliance with per each of the 12 respondents to profit enterprise which is independently the regulatory requirements. This rule contains no federal conduct the OBD certification, owned and operated and is not mandates (under the regulatory compliance, and in-use testing dominant in its field. After considering the economic provisions of Title II of the UMRA) for requirements required by this action. impacts of this action on small entities, State, local, or tribal governments or the EPA estimates that the total of the of the I certify that this final action will not private sector. The rule imposes no 2484 hours of annual cost burden will have a significant economic impact on enforceable duties on any of these be $16,018 per respondent for a total a substantial number of small entities. entities. Nothing in the rule would 84 Final Technical Support Document, HDOBD This action will not impose any significantly or uniquely affect small final rule, EPA420–R–08–019, Docket ID# EPA– requirements on small entities. This governments. We have determined that HQ–OAR–2005–0047–0056. action places new requirements on this rule does not contain a federal

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mandate that may result in estimated circumstances specific to such listed in § 86.1 of the regulatory text, expenditures of more than $100 million communities exist that would cause an and directions for how they may be to the private sector in any single year. impact on these communities beyond obtained are provided in § 86.1. Therefore, this action is not subject to those discussed in the other sections of the requirements of sections 202 or 205 this document. Thus, Executive Order J. Executive Order 12898: Federal of the UMRA. Further, this action is also 13175 does not apply to this action. Actions To Address Environmental not subject to the requirements of Justice in Minority Populations and G. Executive Order 13045: Protection of section 203 of UMRA. Low-Income Populations Children From Environmental Health E. Executive Order 13132: Federalism and Safety Risks Executive Order (EO) 12898 (59 FR Executive Order 13132, entitled Executive Order 13045, ‘‘Protection of 7629 (Feb. 16, 1994)) establishes federal ‘‘Federalism’’ (64 FR 43255, August 10, Children from Environmental Health executive policy on environmental 1999), requires EPA to develop an Risks and Safety Risks’’ (62 FR 19885, justice. Its main provision directs accountable process to ensure April 23, 1997) applies to any rule that: federal agencies, to the greatest extent ‘‘meaningful and timely input by State (1) Is determined to be ‘‘economically practicable and permitted by law, to and local officials in the development of significant’’ as defined under Executive make environmental justice part of their regulatory policies that have federalism Order 12866; and, (2) concerns an mission by identifying and addressing, implications.’’ ‘‘Policies that have environmental health or safety risk that as appropriate, disproportionately high federalism implications’’ is defined in EPA has reason to believe may have a and adverse human health or the Executive Order to include disproportionate effect on children. If environmental effects of their programs, regulations that have ‘‘substantial direct the regulatory action meets both criteria, policies, and activities on minority effects on the States, on the relationship the Agency must evaluate the populations and low-income between the national government and environmental health or safety effects of populations in the United States. the States, or on the distribution of the planned rule on children, and power and responsibilities among the explain why the planned regulation is EPA has determined that this final various levels of government.’’ preferable to other potentially effective rule will not have disproportionately This action does not have federalism and reasonably feasible alternatives high and adverse human health or implications. It will not have substantial considered by the Agency. environmental effects on minority or direct effects on the States, on the This action is not subject to the low-income populations because it relationship between the national Executive Order because it is not an increases the level of environmental government and the States, or on the economically significant regulatory protection for all affected populations distribution of power and action as defined by Executive Order without having any disproportionately responsibilities among the various 12866, and because the Agency does not high and adverse human health or levels of government, as specified in have reason to believe the environmental effects on any Executive Order 13132. This action environmental health or safety risks population, including any minority or places new requirements on addressed by this action present a low-income population. This action manufacturers of large engines meant disproportionate risk to children. applies to all newly produced engines for highway use and changes existing nationwide once implemented without requirements on manufacturers of H. Executive Order 13211: Actions That regard for where those engines are passenger car and smaller heavy-duty Significantly Affect Energy Supply, ultimately used. EPA believes that all engines meant for highway use. These Distribution, or Use segments of society will benefit equally changes do not affect States or the This action is not subject to Executive as a result of today’s action and that no relationship between the national Order 13211 (66 FR 28355 (May 22, government and the States. Thus, 2001)), because it is not a significant one will suffer adverse human health or Executive Order 13132 does not apply regulatory action under Executive Order environmental effects. to this rule. 12866. K. Congressional Review Act F. Executive Order 13175: Consultation I. National Technology Transfer The Congressional Review Act, 5 and Coordination With Indian Tribal Advancement Act Governments U.S.C. 801 et seq., as added by the Small Section 12(d) of the National Business Regulatory Enforcement Executive Order 13175, entitled Technology Transfer and Advancement Fairness Act of 1996, generally provides ‘‘Consultation and Coordination with Act of 1995 (NTTAA), Section 12(d) of that before a rule may take effect, the Indian Tribal Governments’’ (65 FR Public Law 104–113, directs EPA to use agency promulgating the rule must 67249, November 9, 2000), requires EPA voluntary consensus standards in its submit a rule report, which includes a to develop an accountable process to regulatory activities unless to do so copy of the rule, to each House of the ensure ‘‘meaningful and timely input by would be inconsistent with applicable Congress and to the Comptroller General tribal officials in the development of law or otherwise impractical. Voluntary of the United States. EPA will submit a regulatory policies that have tribal consensus standards are technical report containing this rule and other implications.’’ This action does not have standards (e.g., materials specifications, tribal implications, as specified in test methods, sampling procedures, and required information to the U.S. Senate, Executive Order 13175. This action does business practices) developed or the U.S. House of Representatives, and not uniquely affect the communities of adopted by voluntary consensus the Comptroller General of the United American Indian tribal governments standards bodies. The NTTAA directs States prior to publication of the rule in since the motor vehicle requirements for EPA to provide Congress, through OMB, the Federal Register. A Major rule private businesses in this action would explanations when the Agency decides cannot take effect until 60 days after it have national applicability. not to use available and applicable is published in the Federal Register. Furthermore, this action does not voluntary consensus standards. This action is not a ‘‘major rule’’ as impose any direct compliance costs on This final rule references technical defined by 5 U.S.C. 804(2). This rule these communities and no standards. The technical standards are will be effective April 27, 2009.

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X. Statutory Provisions and Legal 40 CFR Part 1065 Materials, 100 Barr Harbor Drive, West Authority Environmental protection, Conshohocken, PA 19428–2959, or by Statutory authority for today’s final Administrative practice and procedure, calling 610–832–9585, or at http:// rule is found in the Clean Air Act, 42 Incorporation by reference, Reporting www.astm.org. U.S.C. 7401 et seq., in particular, and recordkeeping requirements, (i) ASTM D 975–04c, Standard sections 202 and 206 of the Act, 42 Research. Specification for Diesel Fuel Oils, IBR approved for §§ 86.1910, 86.213–11. U.S.C. 7521, 7525. This rule is being 40 CFR Part 1068 promulgated under the administrative (ii) ASTM D1945–91, Standard Test and procedural provisions of Clean Air Environmental protection, Method for Analysis of Natural Gas by Act section 307(d), 42 U.S.C. 7607(d). Administrative practice and procedure, Gas Chromatography, IBR approved for Confidential business information, §§ 86.113–94, 86.513–94, 86.1213–94, List of Subjects Imports, Incorporation by reference, 86.1313–94. 40 CFR Part 86 Motor vehicle pollution, Penalties, (iii) ASTM D2163–91, Standard Test Reporting and recordkeeping Method for Analysis of Liquefied Environmental protection, requirements, Warranties. Petroleum (LP) Gases and Propane Administrative practice and procedure, Dated: December 4, 2008. Concentrates by Gas Chromatography, Incorporation by reference, Motor IBR approved for §§ 86.113–94, Stephen L. Johnson, vehicle pollution. 86.1213–94, 86.1313–94. Administrator. 40 CFR Part 89 (iv) ASTM D2986–95a, Reapproved ■ For the reasons set out in the 1999, Standard Practice for Evaluation Environmental protection, preamble, title 40 chapter I of the Code of Air Assay Media by the Administrative practice and procedure, of Federal Regulations is amended as Monodisperse DOP (Dioctyl Phthalate) Confidential business information, follows: Smoke Test, IBR approved for Imports, Labeling, Motor vehicle §§ 86.1310–2007. PART 86—CONTROL OF EMISSIONS pollution, Reporting and recordkeeping (v) ASTM D5186–91, Standard Test FROM NEW AND IN-USE HIGHWAY requirements, Research, Vessels, Method for Determination of Aromatic VEHICLES AND ENGINES Warranty. Content of Diesel Fuels by Supercritical 40 CFR Part 90 ■ 1. The authority citation for part 86 Fluid Chromatography, IBR approved for §§ 86.113–07, 86.1313–91, 86.1313– Environmental protection, continues to read as follows: 94, 86.1313–98, 1313–2007. Administrative practice and procedure, Authority: 42 U.S.C. 7401–7671q. (vi) ASTM E29–67, Reapproved 1980, Confidential business information, ■ 2. Section 86.1 is revised to read as Standard Recommended Practice for Imports, Labeling, Reporting and follows: Indicating Which Places of Figures Are recordkeeping requirements, Research, To Be Considered Significant in Warranty. § 86.1 Reference materials. (a) The documents in paragraph (b) of Specified Limiting Values, IBR 40 CFR Part 1027 this section have been incorporated by approved for § 86.1105–87. Environmental protection, reference into this part with the (vii) ASTM E29–90, Standard Practice Administrative practice and procedure, approval of the Director of the Federal for Using Significant Digits in Test Data Air pollution control, Imports, Register under 5 U.S.C. 552(a) and 1 to Determine Conformance with Reporting and recordkeeping CFR part 51. To enforce any edition Specifications, IBR approved for requirements. other than that specified in this section, §§ 86.609–84, 86.609–96, 86.609–97, a notice of change must be published in 86.609–98, 86.1009–84, 86.1009–96, 40 CFR Part 1033 the Federal Register and the material 86.1442, 86.1708–99, 86.1709–99, Environmental protection, must be available to the public. All 86.1710–99, 86.1728–99. Administrative practice and procedure, approved material is available for (viii) ASTM E29–93a, Standard Confidential business information, inspection at the National Archives and Practice for Using Significant Digits in Incorporation by reference, Labeling, Records Administration (NARA). For Test Data to Determine Conformance Penalties, Railroads, Reporting and information on the availability of this with Specifications, IBR approved for recordkeeping requirements. material at NARA, call 202–741–6030 or §§ 86.098–15, 86.004–15, 86.007–11, go to http://www.archives.gov/federal_ 86.007–15, 86.1803–01, 86.1823–01, 40 CFR Part 1042 register/code_of_federal_regulations/ 86.1824–01, 86.1825–01, 86.1837–01. Environmental protection, ibr_ locations.html. Also, the material is (ix) ASTM F1471–93, Standard Test Administrative practice and procedure, available for inspection at the Air Method for Air Cleaning Performance of Air pollution control, Confidential Docket, EPA/DC, EPA West, Room a High-Efficiency Particulate Air-Filter business information, Imports, B102, 1301 Constitution Ave., NW., System, IBR approved § 86.1310–2007. Incorporation by reference, Labeling, Washington, DC. The Public Reading (2) SAE material. Copies of these Penalties, Vessels, Reporting and Room is open from 8:30 a.m. to 4:30 materials may be obtained from Society recordkeeping requirements, p.m., Monday through Friday, excluding of Automotive Engineers International, Warranties. legal holidays. The telephone number 400 Commonwealth Dr., Warrendale, for the Air Docket is 202–566–1742. PA 15096–0001, or by calling 724–776– 40 CFR Parts 1048, 1054, and 1060 Copies are also available from the 4841, or at http://www.sae.org. Environmental protection, sources listed below. (i) SAE J1151, December 1991, Administrative practice and procedure, (b) The following paragraphs set forth Methane Measurement Using Gas Air pollution control, Confidential the material that has been incorporated Chromatography, 1994 SAE business information, Imports, by reference in this part. Handbook—SAE International Incorporation by reference, Labeling, (1) ASTM material. Copies of these Cooperative Engineering Program, Penalties, Reporting and recordkeeping materials may be obtained from Volume 1: Materials, Fuels, Emissions, requirements, Warranties. American Society for Testing and and Noise; Section 13 and page 170

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(13.170), IBR approved for §§ 86.111–94; §§ 86.005–17, 86.007–17, 86.1806–04, (xxxiii) SAE J2012, July 1996, 86.1311–94. 86.1806–05. Recommended Practice for Diagnostic (ii) SAE J1349, June 1990, Engine (xvii) SAE J1939–31, Revised Trouble Code Definitions, IBR approved Power Test Code—Spark Ignition and December 1997, Network Layer, IBR for §§ 86.099–17, 86.1806–01. Compression Ignition, IBR approved for approved for §§ 86.005–17, 86.007–17, (xxxiv) SAE J2012, Revised April §§ 86.094–8, 86.096–8. 86.1806–04, 86.1806–05. 2002, (R) Diagnostic Trouble Code (iii) SAE J1850, July 1995, Class B (xviii) SAE J1939–71, May 1996, Definitions Equivalent to ISO/DIS Data Communication Network Interface, Vehicle Application Layer, IBR 15031–6: April 30, 2002, IBR approved IBR approved for §§ 86.099–17, approved for §§ 86.005–17, 86.1806–05. for §§ 86.005–17, 86.007–17, 86.010–18, 86.1806–01. (xix) SAE J1939–71, Revised August 86.1806–04, 86.1806–05. (iv) SAE J1850, Revised May 2001, 2002, Vehicle Application Layer— (xxxv) SAE J2284–3, May 2001, High Class B Data Communication Network J1939–71 (through 1999), IBR approved Speed CAN (HSC) for Vehicle Interface, IBR approved for §§ 86.005– for §§ 86.005–17, 86.007–17, 86.1806– Applications at 500 KBPS, IBR 17, 86.007–17, 86.1806–04, 86.1806–05. 04, 86.1806–05. approved for §§ 86.096–38, 86.004–38, (v) SAE J1877, July 1994, (xx) SAE J1939–71, Revised January 86.007–38, 86.010–38, 86.1808–01, Recommended Practice for Bar-Coded 2008, Vehicle Application Layer 86.1808–07. Vehicle Identification Number Label, (Through February 2007), IBR approved (xxxvi) SAE J2403, Revised August IBR approved for §§ 86.095–35, for § 86.010–38. 2007, Medium/Heavy-Duty E/E Systems 86.1806–01. (xxi) SAE J1939–73, February 1996, Diagnosis Nomenclature—Truck and (vi) SAE J1892, October 1993, Application Layer—Diagnostics, IBR Bus, IBR approved for §§ 86.007–17, Recommended Practice for Bar-Coded approved for §§ 86.005–17, 86.1806–05. 86.010–18, 86.010–38, 86.1806–05. Vehicle Emission Configuration Label, (xxii) SAE J1939–73, Revised June (xxxvii) SAE J2534, February 2002, IBR approved for §§ 86.095–35, 2001, Application Layer—Diagnostics, Recommended Practice for Pass-Thru 86.1806–01. IBR approved for §§ 86.005–17, 86.007– Vehicle Programming, IBR approved for (vii) SAE J1930, Revised May 1998, 17, 86.1806–04, 86.1806–05. §§ 86.096–38, 86.004–38, 86.007–38, (xxiii) SAE J1939–73, Revised Electrical/Electronic Systems Diagnostic 86.010–38, 86.1808–01, 86.1808–07. September 2006, Application Layer— Terms, Definitions, Abbreviations, and (xxxviii) SAE J2534–1, Revised Diagnostics, IBR approved for Acronyms, IBR approved for §§ 86.096– December 2004, (R) Recommended §§ 86.010–18, 86.010–38. 38, 86.004–38, 86.007–38, 86.010–38, Practice for Pass-Thru Vehicle (xxiv) SAE J1939–81, July 1997, 86.1808–01, 86.1808–07. Programming, IBR approved for Recommended Practice for Serial (viii) SAE J1930, Revised April 2002, § 86.010–38. Control and Communications Vehicle (3) ANSI material. Copies of these Electrical/Electronic Systems Diagnostic Network Part 81—Network materials may be obtained from the Terms, Definitions, Abbreviations, and Management, IBR approved for American National Standards Institute, Acronyms—Equivalent to ISO/TR §§ 86.005–17, 86.007–17, 86.1806–04, 25 W 43rd Street, 4th Floor, New York, 15031–2: April 30, 2002, IBR approved 86.1806–05. NY 10036, or by calling 212–642–4900, for §§ 86.005–17, 86.007–17, 86.010–18, (xxv) SAE J1939–81, Revised May or at http://www.ansi.org. 86.1806–04, 86.1806–05. 2003, Network Management, IBR (i) ANSI/AGA NGV1–1994, Standard (ix) SAE J1937, November 1989, approved for § 86.010–38. for Compressed Natural Gas Vehicle Engine Testing with Low Temperature (xxvi) SAE J1962, January 1995, (NGV) Fueling Connection Devices, IBR Charge Air Cooler Systems in a Diagnostic Connector, IBR approved for approved for §§ 86.001–9, 86.004–9, Dynamometer Test Cell, IBR approved §§ 86.099–17, 86.1806–01. 86.098–8, 86.099–8, 86.099–9, 86.1810– for §§ 86.1330–84, 86.1330–90. (xxvii) SAE J1962, Revised April 01. (x) SAE J1939, Revised October 2007, 2002, Diagnostic Connector Equivalent (ii) [Reserved] Recommended Practice for a Serial to ISO/DIS 15031–3; December 14, 2001, (4) California regulatory requirements. Control and Communications Vehicle IBR approved for §§ 86.005–17, 86.007– Copies of these materials may be Network, IBR approved for §§ 86.010– 17, 86.010–18, 86.1806–04, 86.1806–05. obtained from U.S. EPA, see paragraph 18. (xxviii) SAE J1978, Revised April (a) of this section, or from the California (xi) SAE J1939–11, December 1994, 2002, OBD II Scan Tool—Equivalent to Air Resources Board by calling 916– Physical Layer—250K bits/s, Shielded ISO/DIS 15031–4; December 14, 2001, 322–2884, or at http://www.arb.ca.gov. Twisted Pair, IBR approved for IBR approved for §§ 86.005–17, 86.007– (i) California Regulatory Requirements §§ 86.005–17, 86.1806–05. 17, 86.010–18, 86.1806–04, 86.1806–05. Applicable to the ‘‘LEV II’’ Program, (xii) SAE J1939–11, Revised October (xxix) SAE J1979, July 1996, E/E including: 1999, Physical Layer—250K bits/s, Diagnostic Test Modes, IBR approved (A) California Exhaust Emission Shielded Twisted Pair, IBR approved for for §§ 86.099–17, 86.1806–01. Standards and Test Procedures for 2003 §§ 86.005–17, 86.007–17, 86.1806–04, (xxx) SAE J1979, Revised September and Subsequent Model Zero-Emission 86.1806–05. 1997, E/E Diagnostic Test Modes, IBR Vehicles and 2001 and Subsequent (xiii) SAE J1939–13, July 1999, Off- approved for §§ 86.096–38, 86.004–38, Model Hybrid Electric Vehicles, in the Board Diagnostic Connector, IBR 86.007–38, 86.010–38, 86.1808–01, Passenger Car, Light-duty Truck and approved for §§ 86.005–17, 86.007–17, 86.1808–07. Medium-duty Vehicle Classes, August 5, 86.1806–04, 86.1806–05. (xxxi) SAE J1979, Revised April 2002, 1999, IBR approved for §§ 86.1806–01, (xiv) SAE J1939–13, Revised March E/E Diagnostic Test Modes—Equivalent 86.1811–04, 86.1844–01. 2004, Off-Board Diagnostic Connector, to ISO/DIS 15031–5; April 30, 2002, IBR (B) California Non-Methane Organic IBR approved for § 86.010–18. approved for §§ 86.099–17, 86.005–17, Gas Test Procedures, August 5, 1999, (xv) SAE J1939–21, July 1994, Data 86.007–17, 86.1806–01, 86.1806–04, IBR approved for §§ 86.1803–01, Link Layer, IBR approved for §§ 86.005– 86.1806–05. 86.1810–01, 86.1811–04. 17, 86.1806–05. (xxxii) SAE J1979, Revised May 2007, (ii) California Regulatory (xvi) SAE J1939–21, Revised April (R) E/E Diagnostic Test Modes, IBR Requirements Applicable to the 2001, Data Link Layer, IBR approved for approved for § 86.010–18, 86.010–38. National Low Emission Vehicle

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Program, October 1996, IBR approved Mailing address: NIST Public Inquiries, in accordance with test procedures set for §§ 86.113–04, 86.612–97, 86.1012– NIST, 100 Bureau Drive, Stop 3460, forth in subpart N of this part (engine- 97, 86.1702–99, 86.1708–99, 86.1709– Gaithersburg, Md., 20899–3460. If you based test procedures) excluding the test 99, 86.1717–99, 86.1735–99, 86.1771– have a GPO stock number, you can procedure referred to as the 99, 86.1775–99, 86.1776–99, 86.1777– purchase printed copies of NIST ‘‘Supplemental emission test; test cycle 99, Appendix XVI, Appendix XVII. publications from GPO. Orders should and procedures’’ contained in § 86.1360, (iii) California Regulatory be sent to the Superintendent of and excluding the test procedure Requirements known as On-board Documents, U.S. Government Printing referred to as the ‘‘Not-To-Exceed Test Diagnostics II (OBD–II), Approved on Office, Washington, DC 20402–9325. Procedure’’ contained in § 86.1370, and April 21, 2003, Title 13, California Code For more information, or to place an excluding the test procedure referred to Regulations, Section 1968.2, order, call (202) 512–1800, fax: (202) as the ‘‘Load Response Test’’ contained Malfunction and Diagnostic System 512–2250. More information can also be in § 86.1380. Requirements for 2004 and Subsequent found at http://www.nist.gov. (1) Catalysts and particulate filters. Model-Year Passenger Cars, Light-Duty (i) NIST Special Publication 811, 1995 (i) Otto-cycle. Catalyst deterioration or Trucks, and Medium-Duty Vehicles and Edition, Guide for the Use of the malfunction before it results in an Engines (OBD–II), IBR approved for International System of Units (SI), IBR increase in NMHC (or NOX+NMHC, as § 86.1806–05. approved for § 86.1901. applicable) emissions 1.5 times the (iv) California Regulatory (ii) [Reserved] NMHC (or NOX+NMHC, as applicable) Requirements known as On-board (7) Truck and Maintenance Council standard or family emission limit (FEL), Diagnostics II (OBD–II), Approved on material. Copies of these materials may as compared to the NMHC (or November 9, 2007, Title 13, California be obtained from the Truck and NOX+NMHC, as applicable) emission Code Regulations, Section 1968.2, Maintenance Council, 950 North Glebe level measured using a representative Malfunction and Diagnostic System Road, Suite 210, Arlington, VA 22203– 4000 mile catalyst system. Requirements for 2004 and Subsequent 4181, or by calling 703–838–1754. (ii) Diesel. Model-Year Passenger Cars, Light-Duty (i) TMC RP 1210B, Revised June 2007, (A) If equipped, reduction catalyst Trucks, and Medium-Duty Vehicles and WINDOWSTM COMMUNICATION API, deterioration or malfunction before it Engines (OBD–II), IBR approved for IBR approved for § 86.010–38. results in exhaust NOX emissions §§ 86.007–17, 86.1806–05. (ii) [Reserved] exceeding, for model years 2007 through (5) ISO material. Copies of these ■ 3. Section 86.007–17 is added to 2012, either 1.75 times the applicable materials may be obtained from the Subpart A to read as follows: NOX standard for engines certified to a International Organization for NOX family emission limit (FEL) greater Standardization, Case Postale 56, CH– § 86.007–17 On-board Diagnostics for than 0.50 g/bhp-hr, or the applicable 1211 Geneva 20, Switzerland, or by engines used in applications less than or NOX FEL+0.6 g/bhp-hr for engines equal to 14,000 pounds GVWR. calling 41–22–749–01–11, or at http:// certified to a NOX FEL less than or equal www.iso.org. (a) General. to 0.50 g/bhp-hr and, for model years (i) ISO 9141–2, February 1, 1994, (1) All heavy-duty engines intended 2013 and later, the applicable NOX Road vehicles—Diagnostic systems— for use in a heavy-duty vehicle weighing FEL+0.3 g/bhp-hr. If equipped, diesel Part 2: CARB requirements for 14,000 pounds GVWR or less must be oxidation catalyst (DOC) deterioration interchange of digital information, IBR equipped with an on-board diagnostic or malfunction before it results in approved for §§ 86.099–17, 86.005–17, (OBD) system capable of monitoring all exhaust NMHC emissions exceeding, for 86.007–17, 86.1806–01, 86.1806–04, emission-related engine systems or model years 2010 through 2012, 2.5 86.1806–05. components during the applicable times the applicable NMHC standard (ii) ISO 14230–4:2000(E), June 1, useful life. Heavy-duty engines intended and, for model years 2013 and later, 2 2000, Road vehicles—Diagnostic for use in a heavy-duty vehicle weighing times the applicable NMHC standard. systems—KWP 2000 requirements for 14,000 pounds GVWR or less must meet These catalyst monitoring requirements Emission-related systems, IBR approved the OBD requirements of this section need not be done if the manufacturer for §§ 86.099–17, 86.005–17, 86.007–17, according to the phase-in schedule in can demonstrate that deterioration or 86.1806–01, 86.1806–04, 86.1806–05. paragraph (k) of this section. All malfunction of the system will not (iii) ISO 15765–4.3:2001, December monitored systems and components result in exceedance of the threshold. 14, 2001, Road Vehicles—Diagnostics must be evaluated periodically, but no As an alternative, oxidation catalyst on Controller Area Networks (CAN)— less frequently than once per applicable deterioration or malfunction before it Part 4: Requirements for emissions- certification test cycle as defined in results in an inability to achieve a related systems, IBR approved for Appendix I, paragraph (f), of this part, temperature rise of 100 degrees C, or to §§ 86.005–17, 86.007–17, 86.1806–04, or similar trip as approved by the reach the necessary diesel particulate 86.1806–05. Administrator. filter (DPF) regeneration temperature, (iv) ISO 15765–4:2005(E), January 15, (2) An OBD system demonstrated to within 60 seconds of initiating an active 2005, Road Vehicles—Diagnostics on fully meet the requirements in DPF regeneration. Further, oxidation Controller Area Networks (CAN)—Part § 86.1806–05 may be used to meet the catalyst deterioration or malfunction 4: Requirements for emissions-related requirements of this section, provided when the DOC is unable to sustain the systems, IBR approved for §§ 86.007–17, that the Administrator finds that a necessary regeneration temperature for 86.010–18, 86.1806–05. manufacturer’s decision to use the the duration of the regeneration event. (6) NIST material. NIST publications flexibility in this paragraph (a)(2) is The OBD or control system must abort are sold by the Government Printing based on good engineering judgment. the regeneration if the regeneration Office (GPO) and by the National (b) Malfunction descriptions. The temperature has not been reached Technical Information Service (NTIS). OBD system must detect and identify within five minutes of initiating an To purchase a NIST publication you malfunctions in all monitored emission- active regeneration event, and if the must have the order number. Order related engine systems or components regeneration temperature cannot be numbers are available from the NIST according to the following malfunction sustained for the duration of the Public Inquiries Unit at (301) 975–NIST. definitions as measured and calculated regeneration event.

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(B) If equipped with a DPF for model applicable) or CO; and any misfire (A) Otto-cycle. If equipped, sensor years 2007 through 2009, catastrophic capable of damaging the catalytic deterioration or malfunction resulting in failure of the device must be detected. converter. exhaust emissions exceeding 1.5 times Any DFP whose complete failure results (ii) Diesel. Lack of cylinder the applicable standard or FEL for in exhaust emissions exceeding 1.5 combustion must be detected. NMHC, NOX or CO. times the applicable standard or FEL for (3) Exhaust gas sensors. (B) Diesel. If equipped, sensor NMHC (or NOX+NMHC, as applicable) (i) Oxygen sensors and air-fuel ratio deterioration or malfunction resulting in or PM must be monitored for such sensors downstream of aftertreatment exhaust emissions exceeding any of the catastrophic failure. This monitoring devices. following levels: the applicable PM need not be done if the manufacturer (A) Otto-cycle. If equipped, sensor FEL+0.04 g/bhp-hr or 0.05 g/bhp-hr PM, can demonstrate that a catastrophic deterioration or malfunction resulting in whichever is higher; or, for model years failure of the system will not result in exhaust emissions exceeding 1.5 times 2007 through 2012, 1.75 times the exceedance of the threshold. If equipped the applicable standard or FEL for applicable NOX standard for engines with a DPF for model years 2010 and NMHC, NOX or CO. certified to a NOX FEL greater than 0.50 (B) Diesel. If equipped, sensor later, DPF deterioration or malfunction g/bhp-hr; or, the applicable NOX before it results in exhaust emissions deterioration or malfunction resulting in FEL+0.6 g/bhp-hr for engines certified exceeding the applicable PM FEL+0.04 exhaust emissions exceeding any of the to a NOX FEL less than or equal to 0.50 g/bhp-hr or 0.05 g/bhp-hr PM, following levels: The applicable PM g/bhp-hr and, for model years 2013 and whichever is higher. As an alternative to FEL+0.04 g/bhp-hr or 0.05 g/bhp-hr PM, later, the applicable NOX FEL+0.3 this requirement for 2010 through 2012, whichever is higher; or, for model years g/bhp-hr. the OBD system can be designed to 2007 through 2012, 1.75 times the (4) Evaporative leaks. If equipped, any detect a malfunction based on a applicable NOX standard for engines vapor leak in the evaporative and/or detectable decrease in the expected certified to a NOX FEL greater than 0.50 refueling system (excluding the tubing pressure drop across the DPF for a g/bhp-hr, or, the applicable NOX and connections between the purge period of 5 seconds or more, whenever FEL+0.6 g/bhp-hr for engines certified valve and the intake manifold) greater the engine is speed is greater than or to a NOX FEL less than or equal to 0.50 than or equal in magnitude to a leak equal to 50% (as defined in § 1065.610, g/bhp-hr and, for model years 2013 and caused by a 0.040 inch diameter orifice; Eq. 1065.610–3) and engine load, or later, the applicable NOX FEL+0.3 g/ an absence of evaporative purge air flow torque, is greater than or equal to 50% bhp-hr; or, for model years 2010 through from the complete evaporative emission of the maximum available at that speed 2012, 2.5 times the applicable NMHC control system. Where fuel tank under standard emission test standard and, for model years 2013 and capacity is greater than 25 gallons, the conditions. For purposes of this later, 2 times the applicable NMHC Administrator may, following a request paragraph, the detectable change in standard. from the manufacturer, revise the size of pressure drop is defined by operating (ii) Oxygen sensors and air-fuel ratio the orifice to the smallest orifice the engine at its 50% speed and 50% sensors upstream of aftertreatment feasible, based on test data, if the most load point under standard emission test devices. reliable monitoring method available conditions, observing the pressure drop (A) Otto-cycle. If equipped, sensor cannot reliably detect a system leak on a clean DPF, and multiplying the deterioration or malfunction resulting in equal to a 0.040 inch diameter orifice. observed pressure drop by 0.5. The exhaust emissions exceeding 1.5 times (5) Other emission control systems detectable change in pressure drop shall the applicable standard or FEL for and components. be reported in units of kilopascals (kPa). NMHC, NOX or CO. (i) Otto-cycle. Any deterioration or At time of certification, manufacturers (B) Diesel. If equipped, sensor malfunction occurring in an engine shall provide the detectable change in deterioration or malfunction resulting in system or component directly intended pressure drop value along with OBD exhaust emissions exceeding any of the to control emissions, including but not engine data parameters recorded at the following levels: for model years 2007 necessarily limited to, the exhaust gas following nine engine speed/load through 2009, the applicable PM recirculation (EGR) system, if equipped, operating points with a clean DPF: 50% FEL+0.04 g/bhp-hr or 0.05 g/bhp-hr PM, the secondary air system, if equipped, speed, 50% load; 50% speed, 75% load, whichever is higher and, for model and the fuel control system, singularly 50% speed, 100% load; 75% speed, years 2010 and later, the applicable PM resulting in exhaust emissions 50% load; 75% speed, 75% load; 75% FEL+0.02 g/bhp-hr or 0.03 g/bhp-hr PM, exceeding 1.5 times the applicable speed, 100% load; 100% speed, 50% whichever is higher; or, for model years emission standard or FEL for NMHC, load; 100% speed, 75% load; and 100% 2007 through 2012, 1.75 times the NOX or CO. For engines equipped with speed, 100% load. The OBD engine data applicable NOX standard for engines a secondary air system, a functional pararmeters to be reported are described certified to a NOX FEL greater than 0.50 check, as described in paragraph (b)(6) in § 86.010–18(k)(4)(ii) and shall g/bhp-hr, or the applicable NOX of this section, may satisfy the include the following: engine speed; FEL+0.6 g/bhp-hr for engines certified requirements of this paragraph (b)(5) calculated load; air flow rate from mass to a NOX FEL less than or equal to 0.50 provided the manufacturer can air flow sensor (if so equipped); fuel g/bhp-hr and, for model years 2013 and demonstrate that deterioration of the rate; and DPF delta pressure. On all later, the applicable NOX FEL+0.3 flow distribution system is unlikely. engines so equipped, catastrophic g/bhp-hr ; or, for model years 2007 This demonstration is subject to failure of the particulate trap must also through 2012, 2.5 times the applicable Administrator approval and, if the be detected. In addition, the absence of NMHC standard and, for model years demonstration and associated functional the particulate trap or the trapping 2013 and later, 2 times the applicable check are approved, the diagnostic substrate must be detected. NMHC standard; or, for 2007 through system must indicate a malfunction (2) Engine misfire. 2012, 2.5 times the applicable CO when some degree of secondary airflow (i) Otto-cycle. Engine misfire resulting standard and, for model years 2013 and is not detectable in the exhaust system in exhaust emissions exceeding 1.5 later, 2 times the applicable CO during the check. For engines equipped times the applicable standard or FEL for standard. with positive crankcase ventilation NMHC, NOX (or NOX+NMHC, as (iii) NOX sensors. (PCV), monitoring of the PCV system is

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not necessary provided the response to computer commands) encountered and no new malfunctions manufacturer can demonstrate to the except that the Administrator may have been detected. Similar conditions Administrator’s satisfaction that the waive such a rationality or functionality are defined as engine speed within 375 PCV system is unlikely to fail. check where the manufacturer has rpm, engine load within 20 percent, and (ii) Diesel. Any deterioration or demonstrated infeasibility. engine warm-up status equivalent to malfunction occurring in an engine Malfunctions are defined as a failure of that under which the malfunction was system or component directly intended the system or component to meet the first detected. If any malfunction other to control emissions, including but not electrical circuit continuity checks or than a fuel system or engine misfire necessarily limited to, the exhaust gas the rationality or functionality checks. malfunction has been detected, the MIL recirculation (EGR) system, if equipped, (7) Performance of OBD functions. may be extinguished if the malfunction and the fuel control system, singularly Any sensor or other component does not reoccur during three resulting in exhaust emissions deterioration or malfunction which subsequent sequential trips during exceeding any of the following levels: renders that sensor or component which the monitoring system for model years 2007 through 2009, the incapable of performing its function as responsible for illuminating the MIL applicable PM FEL+0.04 g/bhp-hr or part of the OBD system must be detected functions without detecting the 0.05 g/bhp-hr PM, whichever is higher and identified on engines so equipped. malfunction, and no new malfunctions and, for model years 2010 and later, the (c) Malfunction indicator light (MIL). have been detected. Upon Administrator applicable PM FEL+0.02 g/bhp-hr or The OBD system must incorporate a approval, statistical MIL illumination 0.03 g/bhp-hr PM, whichever is higher; malfunction indicator light (MIL) protocols may be employed, provided or, for model years 2007 through 2012, readily visible to the vehicle operator. they result in comparable timeliness in 1.75 times the applicable NOX standard When illuminated, the MIL must detecting a malfunction and evaluating for engines certified to a NOX FEL display ‘‘Check Engine,’’ ‘‘Service system performance, i.e., three to six greater than 0.50 g/bhp-hr or the Engine Soon,’’ a universally driving cycles would be considered applicable NOX FEL+0.6 g/bhp-hr for recognizable engine symbol, or a similar acceptable. engines certified to a NOX FEL less than phrase or symbol approved by the (2) Drive cycle or driving cycle, in the or equal to 0.50 g/bhp-hr and, for model Administrator. More than one general context of this § 86.007–17 and for years 2013 and later, the applicable NOX purpose malfunction indicator light for model years 2010 and later, a drive FEL+0.3 g/bhp-hr; or, for model years emission-related problems should not cycle means operation that consists of 2007 through 2012, 2.5 times the be used; separate specific purpose engine startup and engine shutoff and applicable NMHC standard and, for warning lights (e.g., brake system, fasten includes the period of engine off time model years 2013 and later, 2 times the seat belt, oil pressure, etc.) are up to the next engine startup. For applicable NMHC standard; or, for permitted. The use of red for the OBD- vehicles that employ engine shutoff model years 2007 through 2012, 2.5 related malfunction indicator light is strategies (e.g., engine shutoff at idle), times the applicable CO standard and, prohibited. the manufacturer may use an alternative for model years 2013 and later, 2 times (d) MIL illumination. definition for drive cycle (e.g., key-on the applicable CO standard. A (1) The MIL must illuminate and followed by key-off). Any alternative functional check, as described in remain illuminated when any of the definition must be based on equivalence paragraph (b)(6) of this section, may conditions specified in paragraph (b) of to engine startup and engine shutoff satisfy the requirements of this this section are detected and verified, or signaling the beginning and ending of a paragraph (b)(5) provided the whenever the engine control enters a single driving event for a conventional manufacturer can demonstrate that a default or secondary mode of operation vehicle. For applications that span malfunction would not cause emissions considered abnormal for the given 14,000 pounds GVWR, the manufacturer to exceed the applicable levels. This engine operating conditions. The MIL may use the drive cycle definition of demonstration is subject to must blink once per second under any § 86.010–18 in lieu of the definition in Administrator approval. For engines period of operation during which engine this paragraph. equipped with crankcase ventilation misfire is occurring and catalyst damage (e) Storing of computer codes. The (CV), monitoring of the CV system is not is imminent. If such misfire is detected OBD system shall record and store in necessary provided the manufacturer again during the following driving cycle computer memory diagnostic trouble can demonstrate to the Administrator’s (i.e., operation consisting of, at a codes and diagnostic readiness codes satisfaction that the CV system is minimum, engine start-up and engine indicating the status of the emission unlikely to fail. shut-off) or the next driving cycle in control system. These codes shall be (6) Other emission-related engine which similar conditions are available through the standardized data components. Any other deterioration or encountered, the MIL must maintain a link connector per specifications as malfunction occurring in an electronic steady illumination when the misfire is referenced in paragraph (h) of this emission-related engine system or not occurring and then remain section. component not otherwise described illuminated until the MIL extinguishing (1) A diagnostic trouble code must be above that either provides input to or criteria of this section are satisfied. The stored for any detected and verified receives commands from the on-board MIL must also illuminate when the malfunction causing MIL illumination. computer and has a measurable impact vehicle’s ignition is in the ‘‘key-on’’ The stored diagnostic trouble code must on emissions; monitoring of position before engine starting or identify the malfunctioning system or components required by this paragraph cranking and extinguish after engine component as uniquely as possible. At (b)(6) must be satisfied by employing starting if no malfunction has the manufacturer’s discretion, a electrical circuit continuity checks and previously been detected. If a fuel diagnostic trouble code may be stored rationality checks for computer input system or engine misfire malfunction for conditions not causing MIL components (input values within has previously been detected, the MIL illumination. Regardless, a separate manufacturer specified ranges based on may be extinguished if the malfunction code should be stored indicating the other available operating parameters), does not reoccur during three expected MIL illumination status (i.e., and functionality checks for computer subsequent sequential trips during MIL commanded ‘‘ON,’’ MIL output components (proper functional which similar conditions are commanded ‘‘OFF’’).

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(2) For a single misfiring cylinder, the replaced by the fuel system or misfire as a dump bed, snow plow blade, or diagnostic trouble code(s) must conditions (whichever occurs first). aerial bucket, etc. uniquely identify the cylinder, unless Stored engine conditions must include, (h) Reference materials. The following the manufacturer submits data and/or but are not limited to: engine speed, documents are incorporated by engineering evaluations which open or closed loop operation, fuel reference, see § 86.1. Anyone may adequately demonstrate that the system commands, coolant temperature, inspect copies at the U.S. EPA or at the misfiring cylinder cannot be reliably calculated load value, fuel pressure, National Archives and Records identified under certain operating vehicle speed, air flow rate, and intake Administration (NARA). For conditions. For diesel engines only, the manifold pressure if the information information on the availability of this specific cylinder for which combustion needed to determine these conditions is material at U.S. EPA, NARA, or the cannot be detected need not be available to the computer. For freeze standard making bodies directly, refer to identified if new hardware would be frame storage, the manufacturer must § 86.1. required to do so. The diagnostic trouble include the most appropriate set of (1) SAE material. code must identify multiple misfiring conditions to facilitate effective repairs. (i) SAE J1850, Revised May 2001, cylinder conditions; under multiple If the diagnostic trouble code causing shall be used as the on-board to off- misfire conditions, the misfiring the conditions to be stored is erased in board communications protocol. All cylinders need not be uniquely accordance with paragraph (d) of this emission related messages sent to the identified if a distinct multiple misfire section, the stored engine conditions scan tool over a J1850 data link shall use diagnostic trouble code is stored. may also be erased. the Cyclic Redundancy Check and the (3) The diagnostic system may erase a (2) The following data in addition to three byte header, and shall not use diagnostic trouble code if the same code the required freeze frame information inter-byte separation or check sums. is not re-registered in at least 40 engine must be made available on demand (ii) SAE J1979, Revised April 2002. warm-up cycles, and the malfunction through the serial port on the Basic diagnostic data (as specified in indicator light is not illuminated for that standardized data link connector, if the § 86.007–17(e) and (f)) shall be provided code. information is available to the on-board in the format and units in this industry (4) Separate status codes, or readiness computer or can be determined using standard. codes, must be stored in computer information available to the on-board (iii) SAE J2012, Revised April 2002. memory to identify correctly computer: Diagnostic trouble codes, Diagnostic trouble codes shall be functioning emission control systems engine coolant temperature, fuel control consistent with this industry standard. and those emission control systems system status (closed loop, open loop, (iv) SAE J1962, Revised April 2002. which require further engine operation other), fuel trim, ignition timing The connection interface between the to complete proper diagnostic advance, intake air temperature, OBD system and test equipment and evaluation. A readiness code need not manifold air pressure, air flow rate, diagnostic tools shall meet the be stored for those monitors that can be engine RPM, throttle position sensor functional requirements of this industry considered continuously operating output value, secondary air status standard. monitors (e.g., misfire monitor, fuel (upstream, downstream, or atmosphere), (v) SAE J1930, Revised April 2002; or, system monitor, etc.). Readiness codes calculated load value, vehicle speed, SAE J2403, Revised August 2007. All should never be set to ‘‘not ready’’ and fuel pressure. The signals must be acronyms, definitions and abbreviations status upon key-on or key-off; provided in standard units based on shall be formatted according to one or intentional setting of readiness codes to SAE specifications as referenced in the other of these industry standards. ‘‘not ready’’ status via service paragraph (h) of this section. Actual (vi) SAE J1978, Revised April 2002. procedures must apply to all such signals must be clearly identified All equipment used to interface, extract codes, rather than applying to separately from default value or limp and display OBD-related information individual codes. Subject to home signals. shall meet this industry standard. Administrator approval, if monitoring is (3) For all OBD systems for which (vii) As an alternative to the above disabled for a multiple number of specific on-board evaluation tests are standards, heavy-duty vehicles may driving cycles (i.e., more than one) due conducted (catalyst, oxygen sensor, conform to the specifications of these to the continued presence of extreme etc.), the results of the most recent test SAE standards: SAE J1939–11, Revised operating conditions (e.g., ambient performed by the vehicle, and the limits October 1999; SAE J1939–13, July 1999; temperatures below 40°F, or altitudes to which the system is compared must SAE J1939–21, Revised April 2001; SAE above 8000 feet), readiness for the be available through the standardized J1939–31, Revised December 1997; SAE subject monitoring system may be set to data link connector per the appropriate J1939–71, Revised August 2002; SAE ‘‘ready’’ status without monitoring standardized specifications as J1939–73, Revised June 2001; SAE having been completed. Administrator referenced in paragraph (h) of this J1939–81, July 1997. approval shall be based on the section. (2) ISO materials. conditions for monitoring system (4) Access to the data required to be (i) ISO 9141–2, February 1, 1994. This disablement, and the number of driving made available under this section shall industry standard may be used as an cycles specified without completion of be unrestricted and shall not require any alternative to SAE J1850 (as specified in monitoring before readiness is access codes or devices that are only paragraph (h)(1)(i) of this section) as the indicated. available from the manufacturer. on-board to off-board communications (f) Available diagnostic data. (g) Exceptions. The OBD system is not protocol. (1) Upon determination of the first required to evaluate systems or (ii) ISO 14230–4:2000(E), June 1, malfunction of any component or components during malfunction 2000. This industry standard may be system, ‘‘freeze frame’’ engine conditions if such evaluation would used as an alternative to SAE J1850 (as conditions present at the time must be result in a risk to safety or failure of specified in paragraph (h)(1)(i) of this stored in computer memory. Should a systems or components. Additionally, section) as the on-board to off-board subsequent fuel system or misfire the OBD system is not required to communications protocol. malfunction occur, any previously evaluate systems or components during (iii) ISO 15765–4.3:2001, December stored freeze frame conditions must be operation of a power take-off unit such 14, 2001. This industry standard may be

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used as an alternative to SAE J1850 (as acceptable level of effort toward CCR 1968.2(d)(1.4), pertaining to specified in paragraph (h)(1)(i) of this compliance as determined by the tampering protection, are not required section) as the on-board to off-board Administrator. Furthermore, EPA will to satisfy the requirements of this communications protocol. not accept any deficiency requests that section. Also, the deficiency provisions (iv) ISO 15765–4:2005(E), January 15, include the complete lack of a major of 13 CCR 1968.2(k) do not apply. The 2005. Beginning with the 2008 model diagnostic monitor (‘‘major’’ diagnostic deficiency provisions of paragraph (i) of year and beyond, this industry standard monitors being those for exhaust this section and the evaporative leak shall be the only acceptable protocol aftertreatment devices, oxygen sensor, detection requirement of paragraph used for standardized on-board to off- air-fuel ratio sensor, NOX sensor, engine (b)(4) of this section apply to board communications for vehicles misfire, evaporative leaks, and diesel manufacturers selecting this paragraph below 8500 pounds. For vehicles 8500 EGR, if equipped), with the possible (j) for demonstrating compliance. In to 14000 pounds, either this ISO exception of the special provisions for addition, demonstration of compliance industry standard or the SAE standards alternative fueled engines. For with 13 CCR 1968.2(e)(15.2.1)(C), to the listed in paragraph (h)(1)(vii) of this alternative fueled heavy-duty engines extent it applies to the verification of section shall be the only acceptable (e.g., natural gas, liquefied petroleum proper alignment between the camshaft protocols used for standardized on- gas, methanol, ethanol), manufacturers and crankshaft, applies only to vehicles board to off-board communications. may request the Administrator to waive equipped with variable valve timing. (i) Deficiencies and alternative fueled specific monitoring requirements of this engines. Upon application by the section for which monitoring may not (k) Phase-in for heavy-duty engines. manufacturer, the Administrator may be reliable with respect to the use of the Manufacturers of heavy-duty engines accept an OBD system as compliant alternative fuel. At a minimum, intended for use in a heavy-duty vehicle even though specific requirements are alternative fuel engines must be weighing 14,000 pounds GVWR must not fully met. Such compliances equipped with an OBD system meeting comply with the OBD requirements in without meeting specific requirements, OBD requirements to the extent feasible this section according to the following or deficiencies, will be granted only if as approved by the Administrator. phase-in schedule, based on the compliance would be infeasible or (j) California OBDII compliance percentage of projected engine sales unreasonable considering such factors option. For heavy-duty engines used in within each category. The 2007 as, but not limited to: technical applications weighing 14,000 pounds requirements in the following phase-in feasibility of the given monitor and lead GVWR or less, demonstration of schedule apply to all heavy-duty time and production cycles including compliance with California OBD II engines intended for use in a heavy- phase-in or phase-out of engines or requirements (Title 13 California Code duty vehicle weighing 14,000 pounds vehicle designs and programmed of Regulations § 1968.2 (13 CCR GVWR or less. For the purposes of upgrades of computers. Unmet 1968.2)), as modified and approved on calculating compliance with the phase- requirements should not be carried over November 9, 2007 (incorporated by in provisions of this paragraph (k), from the previous model year except reference, see § 86.1), shall satisfy the heavy-duty engines may be combined where unreasonable hardware or requirements of this section, except that with heavy-duty vehicles subject to the software modifications would be compliance with 13 CCR phase-in requirements of paragraph necessary to correct the deficiency, and 1968.2(e)(4.2.2)(C), pertaining to 0.02 § 86.1806–05(l). The OBD Compliance the manufacturer has demonstrated an inch evaporative leak detection, and 13 phase-in table follows:

OBD COMPLIANCE PHASE-IN FOR HEAVY-DUTY ENGINES INTENDED FOR USE IN A HEAVY-DUTY VEHICLE WEIGHING 14,000 POUNDS GVWR OR LESS

Diesel phase-in based Model year Otto-cycle phase-in based on projected sales on projected sales

2007 MY ...... 80% compliance; alternative fuel waivers available ...... 100% compliance. 2008+ MY 100% compliance ...... 100% compliance ...... 100% compliance.

■ 4. Section 86.007–30 is added to review of the statement(s) of compliance the certificate will meet the Subpart A to read as follows: submitted by the manufacturer under requirements of the Act and of this part. § 86.094–23(b)(4) and any other (3)(i) One such certificate will be § 86.007–30 Certification. pertinent data or information, the issued for each engine family. For (a)(1)(i) If, after a review of the test Administrator determines that the gasoline-fueled and methanol-fueled reports and data submitted by the requirements of the Act and this subpart light-duty vehicles and light-duty manufacturer, data derived from any have been met, he will issue one trucks, and petroleum-fueled diesel inspection carried out under § 86.091– certificate of conformity per cycle light-duty vehicles and light-duty 7(c) and any other pertinent data or manufacturer with respect to the trucks not certified under § 86.098– information, the Administrator evaporative emission family(ies) 28(g), one such certificate will be issued determines that a test vehicle(s) (or test covered by paragraph (c) of this section. for each engine family-evaporative/ engine(s)) meets the requirements of the refueling emission family combination. Act and of this subpart, he will issue a (2) Such certificate will be issued for Each certificate will certify compliance certificate of conformity with respect to such period not to exceed one model with no more than one set of in-use and such vehicle(s) (or engine(s)) except in year as the Administrator may certification standards (or family cases covered by paragraphs (a)(1)(ii) determine and upon such terms as he emission limits, as appropriate). and (c) of this section. may deem necessary or appropriate to (ii) For gasoline-fueled and methanol (ii) Gasoline-fueled and methanol- assure that any new motor vehicle (or fueled heavy-duty vehicles, one such fueled heavy-duty vehicles. If, after a new motor vehicle engine) covered by certificate will be issued for each

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manufacturer and will certify (B) When a light-duty vehicle or light- (but not more frequently than quarterly, compliance for those vehicles duty truck is exempted from meeting unless EPA has demonstrated that it has previously identified in that low-altitude requirements as provided substantial reason to believe that an manufacturer’s statement(s) of in § 86.094–8(i) or § 86.094–9(i): improperly configured vehicle has been compliance as required in § 86.098– (1) At a designated low-altitude sold), sales, warranty, or other 23(b)(4)(i) and (ii). location, unless such manufacturer has information pertaining to sales of (iii) For diesel light-duty vehicles and reason to believe that such vehicle will vehicles by the dealers described above light-duty trucks, or diesel HDEs, not be sold to an ultimate purchaser for maintained by the manufacturer in the included in the applicable particulate principal use at a designated low- normal course of business relating to the averaging program, the manufacturer altitude location; or altitude configuration of vehicles and may at any time during production elect (2) At a location other than a the locations of ultimate purchasers; or to change the level of any family designated low-altitude location, when (B) Implementing a system which particulate emission limit by such manufacturer has reason to believe monitors factory orders of low-altitude demonstrating compliance with the new that such motor vehicle will be sold to vehicles by high-altitude dealers, or limit as described in § 86.094–28(a)(6), an ultimate purchaser for principal use through other means, identifies dealers § 86.094–28(b)(5)(i), or § 86.004– at a designated low-altitude location. that may have sold or delivered a 28(c)(5)(i). New certificates issued under (iii) A manufacturer shall be deemed vehicle not configured to meet the high- this paragraph will be applicable only to have reason to believe that a light- altitude requirements to an ultimate for vehicles (or engines) produced duty vehicle that has been exempted purchaser for principal use at a subsequent to the date of issuance. from compliance with emission designated high-altitude location; and standards at high-altitude, or a light- (iv) For light-duty trucks or HDEs making such information available to duty truck which is not configured to included in the applicable NO EPA upon reasonable written request X meet high-altitude requirements, will averaging program, the manufacturer (but not more frequently than quarterly, not be sold to an ultimate purchaser for may at any time during production elect unless EPA has demonstrated that it has principal use at a designated high- to change the level of any family NO substantial reason to believe that an X altitude location if the manufacturer has emission limit by demonstrating improperly configured vehicle has been informed its dealers and field compliance with the new limit as sold); and representatives about the terms of these (C) Within a reasonable time after described in § 86.094–28(b)(5)(ii) or high-altitude regulations, has not caused receiving written notice from EPA or a § 86.004–28(c)(5)(ii). New certificates the improper sale itself, and has taken State or local government agency that a issued under this paragraph will be reasonable action which shall include, dealer may have improperly sold or applicable only for vehicles (or engines) but not be limited to, either paragraph delivered a vehicle not configured to produced subsequent to the day of (a)(4)(iii) (A) or (B), and paragraph meet the high-altitude requirements to issue. (a)(4)(iii)(C) of this section: an ultimate purchaser residing in a (4)(i) For exempt light-duty vehicles (A) Requiring dealers in designated designated high-altitude location, or and light-duty trucks under the high-altitude locations to submit written based on information obtained pursuant provisions of § 86.094–8(j) or § 86.094– statements to the manufacturer signed to paragraph (a)(4)(iii) of this section 9(j), an adjustment or modification by the ultimate purchaser that a vehicle that a dealer may have improperly sold performed in accordance with which is not configured to meet high- or delivered a significant number of instructions provided by the altitude requirements will not be used such vehicles to ultimate purchasers so manufacturer for the altitude where the principally at a designated high-altitude residing, reminding the dealer in vehicle is principally used will not be location; requiring dealers in counties writing of the requirements of these considered a violation of section contiguous to designated high-altitude regulations, and, where appropriate, 203(a)(3) of the Clean Air Act (42 U.S.C. locations to submit written statements warning the dealer that sale by the 7522(a)(3)). to the manufacturer, signed by the dealer of vehicles not configured to (ii) A violation of section 203(a)(1) of ultimate purchaser who represents to meet high-altitude requirements may be the Clean Air Act (42 U.S.C. 7522(a)(1)) the dealer in the normal course of contrary to the terms of its franchise occurs when a manufacturer sells or business that he or she resides in a agreement with the manufacturer and delivers to an ultimate purchaser any designated high-altitude location, that a the dealer certification requirements of light-duty vehicle or light-duty truck, vehicle which is not configured to meet § 85.2108 of this chapter. subject to the regulations under the Act, high-altitude requirements will not be (iv) A manufacturer shall be deemed under any of the conditions specified in used principally at a designated high- to have reason to believe that a light- paragraph (a)(4)(ii) of this section. altitude location; and for each sale or duty vehicle or light-duty truck which (A) When a light-duty vehicle or light- delivery of fleets of ten or more such has been exempted from compliance duty truck is exempted from meeting vehicles in a high-altitude location or in with emission standards at low altitude, high-altitude requirements as provided counties contiguous to high-altitude as provided in § 86.094–8(i) or § 86.094– in § 86.090–8(h) or § 86.094–9(h): locations, requiring either the selling 9(i), will not be sold to an ultimate (1) At a designated high-altitude dealer or the delivering dealer to submit purchaser for principal use at a location, unless such manufacturer has written statements to the manufacturer, designated low-altitude location if the reason to believe that such vehicle will signed by the ultimate purchaser who manufacturer has informed its dealers not be sold to an ultimate purchaser for represents to the dealer in the normal and field representatives about the principal use at a designated high- course of business that he or she resides terms of the high-altitude regulations, altitude location; or in a designated high-altitude location, has not caused the improper sale itself, (2) At a location other than a that a vehicle which is not configured and has taken reasonable action which designated high-altitude location, when to meet high-altitude requirements will shall include, but not be limited to such manufacturer has reason to believe not be used principally at a designated either § 86.094–30(a)(4)(iv)(A) or (B) and that such motor vehicle will be sold to high-altitude location. In addition, the § 86.094–30(a)(4)(iv)(C): an ultimate purchaser for principal use manufacturer will make available to (A) Requiring dealers in designated at a designated high-altitude location. EPA, upon reasonable written request low-altitude locations to submit written

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statements to the manufacturer signed to paragraph (a)(4)(iv) of this section Mesa by the ultimate purchaser that a vehicle that a dealer may have improperly sold Mineral which is not configured to meet low- or delivered a significant number of Moffat altitude requirements will not be used such vehicles to ultimate purchasers so Montezuma principally at a designated low-altitude residing, reminding the dealer in Montrose location; requiring dealers in counties writing of the requirements of these Morgan contiguous to designated low-altitude regulations, and, where appropriate, Otero locations to submit written statements warning the dealer that sale by the Ouray to the manufacturer, signed by the dealer of vehicles not configured to Park ultimate purchaser who represents to meet low-altitude requirements may be Pitkin the dealer in the normal course of contrary to the terms of its franchise Pueblo business that he or she resides in a agreement with the manufacturer and Rio Blanco designated low-altitude location, that a the dealer certification requirements of Rio Grande vehicle which is not configured to meet § 85.2108 of this chapter. Routt low-altitude requirements will not be (5)(i) For the purpose of paragraph (a) Saguache used principally at a designated low- of this section, a ‘‘designated high- San Juan altitude location; and for each sale or altitude location’’ is any county which San Miguel delivery of fleets of ten or more such has substantially all of its area located Summit vehicles in a low-altitude location or in above 1,219 meters (4,000 feet) and: Teller counties contiguous to low-altitude (A) Requested and extension past the Washington locations, requiring either the selling attainment date of December 31, 1982, Weld dealer or the delivering dealer to submit for compliance with either the National State of Nevada written statements to the manufacturer, Ambient Air Quality Standards for signed by the ultimate purchaser who carbon monoxide or ozone, as indicated Carson City represents to the dealer in the normal in part 52 (Approval and Promulgation Douglas course of business that he or she resides of Implementation Plans) of this title; or Elko in a designated low-altitude location, (B) Is in the same state as a county Esmeralda that a vehicle which is not configured designated as a high-altitude location Eureka to meet low-altitude requirements will according to paragraph (a)(5)(i)(A) of Humboldt not be used principally at a designated this section. Lander high-altitude location. In addition, the (ii) The designated high-altitude Lincoln manufacturer will make available to locations defined in paragraph (a)(5)(i) Lyon EPA, upon reasonable written request of this section are listed below: Mineral (but not more frequently than quarterly, Nye unless EPA has demonstrated that it has State of Colorado Pershing substantial reason to believe that an Adams Storey improperly configured vehicle has been Alamosa Washoe sold), sales, warranty, or other Arapahoe White Pine information pertaining to sales of Archuleta State of New Mexico vehicles by the dealers described above Boulder maintained by the manufacturer in the Chaffee Bernalillo normal course of business relating to the Cheyenne Catron altitude configuration of vehicles and Clear Creek Colfax the locations of ultimate purchasers; or Conejos Curry (B) Implementing a system which Costilla De Baca monitors factory orders of high-altitude Crowley Grant vehicles by low-altitude dealers, or Custer Guadalupe through other means, identifies dealers Delta Harding that may have sold or delivered a Denver Hidalgo vehicle not configured to meet the low- Dolores Lincoln altitude requirements to an ultimate Douglas Los Alamos purchaser for principal use at a Eagle Luna designated low-altitude location; and Elbert McKinley making such information available to El Paso Mora EPA upon reasonable written request Fremont Otero (but not more frequently than quarterly, Garfield Rio Arriba unless EPA has demonstrated that it has Gilpin Roosevelt substantial reason to believe that an Grand Sandoval improperly configured vehicle has been Gunnison San Juan sold); and Hinsdale San Miguel Santa Fe (C) Within a reasonable time after Huerfano Sierra receiving written notice from EPA or a Jackson Socorro state or local government agency that a Jefferson Taos dealer may have improperly sold or Kit Carson Torrance delivered a vehicle not configured to Lake Union meet the low-altitude requirements to La Plata Valencia an ultimate purchaser residing in a Larimer designated low-altitude location, or Las Animas State of Utah based on information obtained pursuant Lincoln Beaver

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Box Elder Deer Lodge limitations described in the application Cache Gallatin for certification as required in § 86.094– Carbon Jefferson 21(d). Daggett Judith Basin (8) For heavy-duty engines, a Davis Madison certificate covers only those new motor Duchesne Meagher vehicle engines installed in heavy-duty Emery Park vehicles which conform to the Garfield Powell minimum gross vehicle weight rating, Grand Silver Bow curb weight, or frontal area limitations Iron Wheatland for heavyduty vehicles described in Juab § 86.082–2. Kane State of Nebraska (9) For incomplete gasoline-fueled Millard Banner and methanol-fueled heavy-duty Morgan Cheyenne vehicles a certificate covers only those Piute Kimball new motor vehicles which, when Rich Sioux completed, conform to the nominal Salt Lake State of Oregon maximum fuel tank capacity limitations San Juan as described in the application for Sanpete Harney certification as required in § 86.094– Sevier Klamath 21(e). Summit Lake (10)(i) For diesel-cycle light-duty Tooele State of Texas vehicle and diesel-cycle light-duty truck Uintah families which are included in a Utah Jeff Davis particulate averaging program, the Wasatch Hudspeth manufacturer’s production-weighted Wayne Parmer average of the particulate emission Weber State of Wyoming limits of all engine families in a (iii) For the purpose of paragraph (a) participating class or classes shall not of this section, a ‘‘designated low- Albany exceed the applicable diesel-cycle altitude location’’ is any county which Campbell particulate standard, or the composite has substantially all of its area located Carbon particulate standard defined in below 1,219 meters (4,000 feet). Converse § 86.090–2 as appropriate, at the end of (iv) The designated low-altitude Fremont the model year, as determined in locations so defined include all counties Goshen accordance with this part. The in the United States which are not listed Hot Springs certificate shall be void ab initio for Johnson in either paragraph (a)(5)(ii) of this those vehicles causing the production- Laramie section or in the list below: weighted family emission limit (FEL) to Lincoln State of Arizona exceed the particulate standard. Natrona (ii) For all heavy-duty diesel-cycle Apache Niobrara engines which are included in the Cochise Park particulate ABT programs under Coconino Platte § 86.098–15 or superseding ABT Navajo Sublette sections as applicable, the provisions of Yavapai Sweetwater paragraphs (a)(10)(ii)(A)–(C) of this Teton State of Idaho section apply. Uinta (A) All certificates issued are Bannock Washakie conditional upon the manufacturer Bear Lake Weston Bingham complying with the provisions of (6) Catalyst-equipped vehicles, § 86.098–15 or superseding ABT Blaine otherwise covered by a certificate, Bonneville sections as applicable and the ABT which are driven outside the United related provisions of other applicable Butte States, Canada, and Mexico will be Camas sections, both during and after the presumed to have been operated on Caribou model year production. leaded gasoline resulting in deactivation Cassia (B) Failure to comply with all Clark of the catalysts. If these vehicles are provisions of § 86.098–15 or Custer imported or offered for importation superseding ABT sections as applicable Franklin without retrofit of the catalyst, they will will be considered to be a failure to Fremont be considered not to be within the satisfy the conditions upon which the Jefferson coverage of the certificate unless certificate was issued, and the certificate Lemhi included in a catalyst control program may be deemed void ab initio. Madison operated by a manufacturer or a United (C) The manufacturer shall bear the Minidoka States Government agency and burden of establishing to the satisfaction Oneida approved by the Administrator. of the Administrator that the conditions Power (7) For incomplete light-duty trucks, a upon which the certificate was issued Treton certificate covers only those new motor were satisfied or excused. Valley vehicles which, when completed by (11)(i) For light-duty truck families having the primary load-carrying device which are included in a NOX averaging State of Montana or container attached, conform to the program, the manufacturer’s Beaverhead maximum curb weight and frontal area production-weighted average of the NOX

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emission limits of all such engine Durability Program under § 86.094– upon which the certificate was issued families shall not exceed the applicable 13(e), paragraphs (a)(14)(i) through (iii) were satisfied. NOX emission standard, or the of this section apply. (17) For all heavy-duty vehicles composite NOX emission standard (i) All certificates issued are certified to evaporative test procedures defined in § 86.088–2, as appropriate, at conditional upon the manufacturer and accompanying standards specified the end of the model year, as performing the in-use verification under § 86.096–10: determined in accordance with this program pursuant to the agreement (i) All certificates issued are part. The certificate shall be void ab described in § 86.094–13(e)(8). conditional upon the manufacturer initio for those vehicles causing the (ii) Failure to fully comply with all complying with all provisions of production-weighted FEL to exceed the the terms of the in-use verification § 86.096–10 both during and after model NOX standard. program pursuant to the agreement year production. (ii) For all HDEs which are included described in § 86.094–13(e)(8) will be (ii) Failure to meet the required in the NOX plus NMHC ABT programs considered a failure to satisfy the implementation schedule sales contained in § 86.098–15, or conditions upon which the certificate percentages as specified in § 86.096–10 superseding ABT sections as applicable, was issued. A vehicle or truck will be will be considered to be a failure to the provisions of paragraphs (a)(11)(ii) considered to be covered by the satisfy the conditions upon which the (A)–(C) of this section apply. certificate only if the manufacturer certificate was issued and the vehicles (A) All certificates issued are fulfills the conditions upon which the sold in violation of the implementation conditional upon the manufacturer certificate is issued. schedule shall not be covered by the complying with the provisions of (iii) The manufacturer shall bear the certificate. § 86.098–15 or superseding ABT burden of establishing to the satisfaction (iii) The manufacturer shall bear the sections as applicable and the ABT of the Administrator that the conditions burden of establishing to the satisfaction related provisions of other applicable upon which the certificate was issued of the Administrator that the conditions sections, both during and after the were satisfied. upon which the certificate was issued model year production. (15) For all light-duty vehicles were satisfied. (B) Failure to comply with all certified to evaporative test procedures (18) For all heavy-duty vehicles provisions of § 86.098–15 or and accompanying standards specified certified to evaporative test procedures superseding ABT sections as applicable under § 86.096–8: and accompanying standards specified under § 86.098–11: will be considered to be a failure to (i) All certificates issued are (i) All certificates issued are satisfy the conditions upon which the conditional upon the manufacturer conditional upon the manufacturer certificate was issued, and the certificate complying with all provisions of complying with all provisions of may be deemed void ab initio. § 86.096–8 both during and after model § 86.098–11 both during and after model (C) The manufacturer shall bear the year production. burden of establishing to the satisfaction year production. (ii) Failure to meet the required (ii) Failure to meet the required of the Administrator that the conditions implementation schedule sales upon which the certificate was issued implementation schedule sales percentages as specified in § 86.096–8 percentages as specified in § 86.098–11 were satisfied or excused. will be considered to be a failure to (12) For all light-duty vehicles will be considered to be a failure to satisfy the conditions upon which the certified to standards under § 86.094–8 satisfy the conditions upon which the certificate was issued and the vehicles or to which standards under § 86.708– certificate was issued and the vehicles sold in violation of the implementation 94 are applicable, the provisions of sold in violation of the implementation schedule shall not be covered by the paragraphs (a)(12)(i) through (iii) of this schedule shall not be covered by the certificate. section apply. certificate. (13) For all light-duty trucks certified (iii) The manufacturer shall bear the (iii) The manufacturer shall bear the to Tier 0 standards under § 86.094–9 burden of establishing to the satisfaction burden of establishing to the satisfaction and to which standards under § 86.709– of the Administrator that the conditions of the Administrator that the conditions 94 are applicable: upon which the certificate was issued upon which the certificate was issued (i) All certificates issued are were satisfied. were satisfied. conditional upon the manufacturer (16) For all light-duty trucks certified (19) For all light-duty vehicles complying with all provisions of to evaporative test procedures and certified to refueling emission standards §§ 86.094–9 and 86.709–94 both during accompanying standards specified under § 86.098–8, the provisions of and after model year production. under § 86.096–9: paragraphs (a)(19) (i) through (iii) of this (ii) Failure to meet the required (i) All certificates issued are section apply. implementation schedule sales conditional upon the manufacturer (i) All certificates issued are percentages as specified in §§ 86.094–9 complying with all provisions of conditional upon the manufacturer and 86.709–94 will be considered to be § 86.096–9 both during and after model complying with all provisions of a failure to satisfy the conditions upon year production. § 86.098–8, both during and after model which the certificate(s) was issued and (ii) Failure to meet the required year production. the individual vehicles sold in violation implementation schedule sales (ii) Failure to meet the required of the implementation schedule shall percentages as specified in § 86.096–9 implementation schedule sales not be covered by the certificate. will be considered to be a failure to percentages as specified in § 86.094–8 (iii) The manufacturer shall bear the satisfy the conditions upon which the be considered to be a failure to satisfy burden of establishing to the satisfaction certificate was issued and the vehicles the conditions upon which the of the Administrator that the conditions sold in violation of the implementation certificate(s) was issued and the upon which the certificate was issued schedule shall not be covered by the vehicles sold in violation of the were satisfied. certificate. implementation schedule shall not be (14) For all light-duty vehicles and (iii) The manufacturer shall bear the covered by the certificate. light-duty trucks certified with an burden of establishing to the satisfaction (iii) The manufacturer shall bear the Alternative Service Accumulation of the Administrator that the conditions burden of establishing to the satisfaction

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of the Administrator that the conditions and (B) shall represent all vehicles of 7(d) or any other pertinent data or upon which the certificate was issued the same evaporative control system information, the Administrator were satisfied. within the evaporative family. determines that one or more test (20) For all light-duty trucks certified (ii) Light-duty trucks. vehicles (or test engines) of the to refueling emission standards under (A) The emission data vehicle(s) certification test fleet do not meet § 86.001–9, the provisions of paragraphs selected under § 86.094–24(b)(1)(ii), applicable standards (or family emission (a)(20)(i)–(iii) this section apply. shall represent all vehicles of the same limits, as appropriate), he will notify the (i) All certificates issued are engine-system combination as manufacturer in writing, setting forth conditional upon the manufacturer applicable. the basis for his determination. Within complying with all provisions of (B) The emission data vehicle(s) 30 days following receipt of the § 86.001–9 both during and after model selected under § 86.001–24(b)(vii)(A) notification, the manufacturer may year production. and (B) shall represent all vehicles of request a hearing on the Administrator’s (ii) Failure to meet the required the same evaporative/refueling control determination. The request shall be in implementation schedule sales system within the evaporative/refueling writing, signed by an authorized percentages as specified in § 86.001–9 family. representative of the manufacturer and will be considered to be a failure to (C) The emission data vehicle(s) shall include a statement specifying the satisfy the conditions upon which the selected under § 86.09424(b)(1)(v) shall manufacturer’s objections to the certificate(s) was issued and the represent all vehicles of the same engine Administrator’s determination and data individual vehicles sold in violation of system combination as applicable. in support of such objections. If, after a the implementation schedule shall not (D) The emission-data vehicle(s) review of the request and supporting be covered by the certificate. selected under § 86.098–24(b)(1)(viii) data, the Administrator finds that the (iii) The manufacturer shall bear the shall represent all vehicles of the same request raises a substantial factual issue, burden of establishing to the satisfaction evaporative/refueling control system he shall provide the manufacturer a of the Administrator that the conditions within the evaporative/refueling hearing in accordance with § 86.078–6 upon which the certificate was issued emission family, as applicable. with respect to such issue. were satisfied. (iii) Heavy-duty engines. (4) For light-duty vehicles and light- (21) For all light-duty trucks certified (A) An Otto-cycle emission data test duty trucks the manufacturer may, at its to refueling emission standards under engine selected under § 86.094– option, proceed with any of the § 86.004–9, the provisions of paragraphs 24(b)(2)(iv) shall represent all engines in following alternatives with respect to an (a)(21)(i)–(iii) of this section apply. the same family of the same engine emission data vehicle determined not in (i) All certificates issued are displacement-exhaust emission control compliance with all applicable conditional upon the manufacturer system combination. standards (or family emission limits, as complying with all provisions of (B) An Otto-cycle emission data test appropriate) for which it was tested: § 86.004–9 both during and after model engine selected under § 86.094– (i) Request a hearing under § 86.078– year production. 24(b)(2)(iii) shall represent all engines 6; or (ii) Failure to meet the required in the same engine family of the same (ii) Remove the vehicle configuration implementation schedule sales engine displacement-exhaust emission (or evaporative/refueling vehicle percentages as specified in § 86.004–9 control system combination. configuration, as applicable) which will be considered to be a failure to (C) A diesel emission data test engine failed, from his application: satisfy the conditions upon which the selected under § 86.094–24(b)(3)(ii) (A) If the failed vehicle was tested for certificate(s) was issued and the shall represent all engines in the same compliance with exhaust emission individual vehicles sold in violation of engine-system combination. standards (or family emission limits, as the implementation schedule shall not (D) A diesel emission data test engine appropriate) only: The Administrator be covered by the certificate. selected under § 86.094–24(b)(3)(iii) may select, in place of the failed (iii) The manufacturer shall bear the shall represent all engines of that vehicle, in accordance with the burden of establishing to the satisfaction emission control system at the rated fuel selection criteria employed in selecting of the Administrator that the conditions delivery of the test engine. the failed vehicle, a new emission data upon which the certificate was issued (iv) Gasoline-fueled and methanol- vehicle to be tested for exhaust emission were satisfied. fueled heavy-duty vehicles. A statement compliance only; or (b)(1) The Administrator will of compliance submitted under (B) If the failed vehicle was tested for determine whether a vehicle (or engine) § 86.094–23(b)(4)(i) or (ii) shall compliance with one or more of the covered by the application complies represent all vehicles in the same exhaust, evaporative and refueling with applicable standards (or family evaporative emission family-evaporative emission standards: The Administrator emission limits, as appropriate) by emission control system combination. may select, in place of the failed observing the following relationships: in (2) The Administrator will proceed as vehicle, in accordance with the paragraphs (b)(1)(i) through (iv) of this in paragraph (a) of this section with selection criteria employed in selecting section: respect to the vehicles (or engines) the failed vehicle, a new emission data (i) Light-duty vehicles. belonging to an engine family or engine vehicle which will be tested for (A) The durability data vehicle(s) family-evaporative/refueling emission compliance with all of the applicable selected under § 86.094–24(c)(1)(i) shall family combination (as applicable), all emission standards. If one vehicle represent all vehicles of the same engine of which comply with all applicable cannot be selected in accordance with system combination. standards (or family emission limits, as the selection criteria employed in (B) The emission data vehicle(s) appropriate). selecting the failed vehicle, then two or selected under § 86.094–24(b)(1) (ii) (3) If after a review of the test reports more vehicles may be selected (e.g., one through (iv) shall represent all vehicles and data submitted by the manufacturer, vehicle to satisfy the exhaust emission of the same engine-system combination data derived from any additional testing vehicle selection criteria and one as applicable. conducted pursuant to § 86.091–29, data vehicle to satisfy the evaporative and (C) The emission data vehicle(s) or information derived from any refueling emission vehicle selection selected under § 86.094–24(b)(1)(vii)(A) inspection carried out under § 86.094– criteria). The vehicle selected to satisfy

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the exhaust emission vehicle selection deleted may be included in a later or (iv) of this section only when the criteria will be tested for compliance request for certification under § 86.079– infraction is substantial. with exhaust emission standards (or 32.) The Administrator may then select (3) In any case in which a family emission limits, as appropriate) in place of each failing engine an manufacturer knowingly submits false only. The vehicle selected to satisfy the alternate engine chosen in accordance or inaccurate information or knowingly evaporative and/or refueling emission with selection criteria employed in renders inaccurate or invalid any test vehicle selection criteria will be tested selecting the engine that failed; or data or commits any other fraudulent for compliance with exhaust, (iii) Modify the test engine and acts and such acts contribute evaporative and/or refueling emission demonstrate by testing that it meets substantially to the Administrator’s standards; or applicable standards. Another engine decision to issue a certificate of (iii) Remove the vehicle configuration which is in all material respect the same conformity, the Administrator may (or evaporative/refueling vehicle as the first engine, as modified, may deem such certificate void ab initio. configuration, as applicable) which then be operated and tested in (4) In any case in which certification failed from the application and add a accordance with applicable test of a vehicle (or engine) is proposed to vehicle configuration(s) (or evaporative/ procedures. be withheld, denied, revoked, or refueling vehicle configuration(s), as (6) If the manufacturer does not suspended under paragraph (c)(1)(iii) or applicable) not previously listed. The request a hearing or present the required (iv) of this section, and in which the Administrator may require, if data under paragraphs (b)(4) or (5) of Administrator has presented to the applicable, that the failed vehicle be this section (as applicable) of this manufacturer involved reasonable modified to the new engine code (or section, the Administrator will deny evidence that a violation of § 86.091– evaporative/refueling emission code, as certification. 7(d) in fact occurred, the manufacturer, applicable) and demonstrate by testing (c)(1) Notwithstanding the fact that if he wishes to contend that, even that it meets applicable standards (or any certification vehicle(s) (or though the violation occurred, the family emission limits, as appropriate) certification engine(s)) may comply with vehicle (or engine) in question was not for which it was originally tested. In other provisions of this subpart, the involved in the violation to a degree that addition, the Administrator may select, Administrator may withhold or deny would warrant withholding, denial, in accordance with the vehicle selection the issuance of a certificate of revocation, or suspension of criteria given in § 86.001–24(b), a new conformity (or suspend or revoke any certification under either paragraph emission data vehicle or vehicles. The such certificate which has been issued) (c)(1)(iii) or (iv) of this section, shall vehicles selected to satisfy the exhaust with respect to any such vehicle(s) (or have the burden of establishing that emission vehicle selection criteria will engine(s)) if: contention to the satisfaction of the be tested for compliance with exhaust (i) The manufacturer submits false or Administrator. emission standards (or family emission incomplete information in his (5) Any revocation or suspension of limits, as appropriate) only. The application for certification thereof; certification under paragraph (c)(1) of vehicles selected to satisfy the (ii) The manufacturer renders this section shall: evaporative emission vehicle selection inaccurate any test data which he (i) Be made only after the criteria will be tested for compliance submits pertaining thereto or otherwise manufacturer concerned has been with all of the applicable emission circumvents the intent of the Act, or of offered an opportunity for a hearing standards (or family emission limits, as this part with respect to such vehicle (or conducted in accordance with § 86.078– appropriate); or engine); 6 hereof; and (iv) Correct a component or system (iii) Any EPA Enforcement Officer is (ii) Extend no further than to forbid malfunction and show that with a denied access on the terms specified in the introduction into commerce of correctly functioning system or § 86.091–7(d) to any facility or portion vehicles (or engines) previously covered component the failed vehicle meets thereof which contains any of the by the certification which are still in the applicable standards (or family emission following: hands of the manufacturer, except in limits, as appropriate) for which it was (A) The vehicle (or engine); cases of such fraud or other misconduct originally tested. The Administrator (B) Any components used or as makes the certification invalid ab may require a new emission data considered for use in its modification or initio. vehicle, of identical vehicle buildup into a certification vehicle (or (6) The manufacturer may request in configuration (or evaporative/refueling certification engine); the form and manner specified in vehicle configuration, as applicable) to (C) Any production vehicle (or paragraph (b)(3) of this section that any the failed vehicle, to be operated and production engine) which is or will be determination made by the tested for compliance with the claimed by the manufacturer to be Administrator under paragraph (c)(1) of applicable standards (or family emission covered by the certificate; this section to withhold or deny limits, as appropriate) for which the (D) Any step in the construction of a certification be reviewed in a hearing failed vehicle was originally tested. vehicle (or engine) described in conducted in accordance with § 86.078– (5) For heavy-duty engines the paragraph (c)(iii)(C) of this section; 6. If the Administrator finds, after a manufacturer may, at his option, (E) Any records, documents, reports, review of the request and supporting proceed with any of the following or histories required by this part to be data, that the request raises a substantial alternatives with respect to any engine kept concerning any of the above; or factual issue, he will grant the request family represented by a test engine(s) (iv) Any EPA Enforcement Officer is with respect to such issue. determined not in compliance with denied ‘‘reasonable assistance’’ (as (d)(1) For light-duty vehicles. applicable standards (or family emission defined in § 86.091–7(d) in examining Notwithstanding the fact that any limit, as appropriate): any of the items listed in paragraph vehicle configuration or engine family (i) Request a hearing under § 86.078– (c)(1)(iii) of this section. may be covered by a valid outstanding 6; or (2) The sanctions of withholding, certificate of conformity, the (ii) Delete from the application for denying, revoking, or suspending of a Administrator may suspend such certification the engines represented by certificate may be imposed for the outstanding certificate of conformity in the failing test engine. (Engines so reasons in paragraphs (c)(1)(i), (ii), (iii), whole or in part with respect to such

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vehicle configuration or engine family in question was not involved in the (vii) The manufacturer refuses to or in if: violation to a degree that would warrant fact does not comply with the (i) The manufacturer refuses to suspension of certification under requirements of §§ 86.1004(a), 86.1005, comply with the provisions of a test paragraph (d)(1)(v) of this section, the 86.1007, 86.1008, 86.1010, 86.1011, or order issued by the Administrator manufacturer shall have the burden of 86.1013. pursuant to § 86.603; or establishing the contention to the (2) The sanction of suspending a (ii) The manufacturer refuses to satisfaction of the Administrator. certificate may not be imposed for the comply with any of the requirements of (6) Any suspension of certification reasons in paragraph (e)(1) (i), (ii), or § 86.603; or under paragraph (d)(1) of this section (vii) of this section where such refusal (iii) The manufacturer submits false or shall: or denial is caused by conditions and incomplete information in any report or (i) Be made only after the circumstances outside the control of the information provided pursuant to the manufacturer concerned has been manufacturer which renders it requirements of § 86.609; or offered an opportunity for a hearing impossible to comply with those (iv) The manufacturer renders conducted in accordance with § 86.614; requirements. Such conditions and inaccurate any test data which he and circumstances shall include, but are not submits pursuant to § 86.609; or (ii) Not apply to vehicles no longer in limited to, any uncontrollable factors (v) Any EPA Enforcement Officer is the hands of the manufacturer. which result in the temporary denied the opportunity to conduct (7) Any voiding of a certificate of unavailability of equipment and activities related to entry and access as conformity under paragraph (d)(4) of personnel needed to conduct the authorized in § 86.606 of this part and this section will be made only after the required tests, such as equipment in a warrant or court order presented to manufacturer concerned has been breakdown or failure or illness of the manufacturer or the party in charge offered an opportunity for a hearing personnel, but shall not include failure of a facility in question; or conducted in accordance with § 86.614. of the manufacturers to adequately plan (vi) EPA Enforcement Officers are (8) Any voiding of the certificate for and provide the equipment and unable to conduct activities related to under § 86.091–30(a)(10) will be made personnel needed to conduct the tests. entry and access or to obtain only after the manufacturer concerned The manufacturer will bear the burden ‘‘reasonable assistance’’ as authorized in has been offered an opportunity for a of establishing the presence of the § 86.606 of this part because a hearing conducted in accordance with conditions and circumstances required manufacturer has located its facility in by this paragraph. § 86.614. a foreign jurisdiction where local law (3) The sanction of suspending a prohibits those activities; or (e) For light-duty trucks and heavy- certificate may be imposed for the (vii) The manufacturer refuses to or in duty engines. reasons outlined in paragraph (e)(1)(iii), fact does not comply with § 86.604(a), (1) Notwithstanding the fact that any (iv), or (v) of this section only when the § 86.605, § 86.607, § 86.608, or § 86.610. vehicle configuration or engine family infraction is substantial. (2) The sanction of suspending a may be covered by a valid outstanding (4) In any case in which a certificate may not be imposed for the certificate of conformity, the manufacturer knowingly submitted false reasons in paragraph (d)(1)(i), (ii), or Administrator may suspend such or inaccurate information or knowingly (vii) of this section where the refusal is outstanding certificate of conformity in rendered inaccurate any test data or caused by conditions and circumstances whole or in part with respect to such committed any other fraudulent acts, outside the control of the manufacturer vehicle or engine configuration or and such acts contributed substantially which render it impossible to comply engine family if: to the Administrator’s original decision with those requirements. (i) The manufacturer refuses to not to suspend or revoke a certificate of (3) The sanction of suspending a comply with the provisions of a test conformity in whole or in part, the certificate may be imposed for the order issued by the Administrator Administrator may deem such reasons in paragraph (d)(1)(iii), (iv), or pursuant to § 86.1003; or certificate void from the date of such (v) of this section only when the (ii) The manufacturer refuses to fraudulent act. infraction is substantial. comply with any of the requirements of (5) In any case in which certification (4) In any case in which a § 86.1003; or of a light-duty truck or heavy-duty manufacturer knowingly submitted false (iii) The manufacturer submits false or engine is proposed to be suspended or inaccurate information or knowingly incomplete information in any report or under paragraph (e)(1)(v) of this section rendered inaccurate any test data or information provided pursuant to the and in which the Administrator has committed any other fraudulent acts, requirements of § 86.1009; or presented to the manufacturer involved and such acts contributed substantially (iv) The manufacturer renders reasonable evidence that a violation of to the Administrator’s original decision inaccurate any test data submitted § 86.1006 in fact occurred, if the not to suspend or revoke a certificate of pursuant to § 86.1009; or manufacturer wishes to contend that, conformity in whole or in part, the (v) Any EPA Enforcement Officer is although the violation occurred, the Administrator may deem such denied the opportunity to conduct vehicle or engine configuration or certificate void from the date of such activities related to entry and access as engine family in question was not fraudulent act. authorized in § 86.1006 of this part and involved in the violation to a degree that (5) In any case in which certification in a warrant or court order presented to would warrant suspension of of a vehicle is proposed to be suspended the manufacturer or the party in charge certification under paragraph (e)(1)(v) of under paragraph (d)(1)(v) of this section of a facility in question; or this section, he shall have the burden of and in which the Administrator has (vi) EPA Enforcement Officers are establishing that contention to the presented to the manufacturer involved unable to conduct activities related to satisfaction of the Administrator. reasonable evidence that a violation of entry and access as authorized in (6) Any suspension of certification § 86.606 in fact occurred, if the § 86.1006 of this part because a under paragraph (e)(1) of this section manufacturer wishes to contend that, manufacturer has located a facility in a shall: although the violation occurred, the foreign jurisdiction where local law (i) Be made only after the vehicle configuration or engine family prohibits those activities; or manufacturer concerned has been

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offered an opportunity for a hearing electronic simulation of such, resulting (ii) Oxygen sensors and air-fuel ratio conducted in accordance with in an inability to achieve a 100 degree sensors upstream of aftertreatment § 86.1014; and C temperature rise, or the necessary devices. (ii) Not apply to vehicles or engines regeneration temperature, within 60 (A) Otto-cycle. If so equipped, any no longer in the hands of the seconds of initiating a DPF regeneration. oxygen sensor or air-fuel ratio sensor manufacturer. (B) If monitored for performance—a located upstream of aftertreatment (7) Any voiding of a certificate of diesel particulate filter (DPF) is replaced devices is replaced with a deteriorated conformity under paragraph (e)(4) of with a DPF that has catastrophically or defective sensor, or an electronic this section shall be made only after the failed, or an electronic simulation of simulation of such, resulting in exhaust manufacturer concerned has been such; or, for model years 2010 and later, emissions exceeding 1.5 times the offered an opportunity for a hearing a DPF is replaced with a deteriorated or applicable standard or FEL for NMHC, conducted in accordance with defective DPF, or an electronic NOX or CO. § 86.1014. simulation of such, resulting in either (B) Diesel. If so equipped, any oxygen (8) Any voiding of the certificate exhaust PM emissions exceeding the sensor or air-fuel ratio sensor located under paragraph (a) (10) or (11) of this applicable FEL+0.04 g/bhp-hr or 0.05 g/ upstream of aftertreatment devices is section will be made only after the bhp-hr PM, whichever is higher. If replaced with a deteriorated or defective manufacturer concerned has been monitored for a decrease in the expected sensor, or an electronic simulation of offered an opportunity for a hearing pressure drop according to the such, resulting in exhaust emissions conducted in accordance with alternative monitoring provision of exceeding any of the following levels: § 86.1014. § 86.007–17(b)(1)(ii)(B), the OBD system For model years 2007 through 2012, the (f) For engine families required to fails to detect any of the pressure drop applicable PM FEL+0.04 g/bhp-hr or have an OBD system and meant for values across the DPF provided by the 0.05 g/bhp-hr PM, whichever is higher applications less than or equal to 14,000 manufacturer at each of the nine engine and, for model years 2013 and later, the pounds, certification will not be granted speed/load operating points regardless applicable PM FEL+0.02 g/bhp-hr or if, for any test vehicle approved by the of how those pressure drops are 0.03 g/bhp-hr PM, whichever is higher; Administrator in consultation with the generated. or, for model years 2007 through 2012, manufacturer, the malfunction indicator (2)(i) Otto-cycle. An engine misfire 1.75 times the applicable NOX standard light does not illuminate under any of condition is induced resulting in for engines certified to a NOX FEL the following circumstances, unless the exhaust emissions exceeding 1.5 times greater than 0.50 g/bhp-hr, or the manufacturer can demonstrate that any the applicable standards or FEL for applicable NOX FEL+0.6 g/bhp-hr for identified OBD problems discovered NMHC+NOX or CO. engines certified to a NOX FEL less than during the Administrator’s evaluation (ii) Diesel. An engine misfire or equal to 0.50 g/bhp-hr and, for model will be corrected on production condition is induced and is not years 2013 and later, the applicable NOX vehicles. detected. FEL+0.3 g/bhp-hr; or, for model years (1)(i) Otto-cycle. A catalyst is replaced (3) Exhaust gas sensors. 2007 through 2012, 2.5 times the with a deteriorated or defective catalyst, (i) Oxygen sensors and air-fuel ratio applicable NMHC standard and, for or an electronic simulation of such, sensors downstream of aftertreatment model years 2013 and later, 2 times the resulting in an increase of 1.5 times the devices. applicable NMHC standard; or, for NMHC+NOX standard or FEL above the (A) Otto-cycle. If so equipped, any model years 2007 through 2012, 2.5 NMHC+NOX emission level measured oxygen sensor or air-fuel ratio sensor times the applicable CO standard and, using a representative 4000 mile catalyst located downstream of aftertreatment for model years 2013 and later, 2 times system. devices is replaced with a deteriorated the applicable CO standard. (ii) Diesel. or defective sensor, or an electronic (iii) NOX sensors. (A) If monitored for emissions simulation of such, resulting in exhaust (A) Otto-cycle. If so equipped, any performance—a reduction catalyst is emissions exceeding 1.5 times the NOX sensor is replaced with a replaced with a deteriorated or defective applicable standard or FEL for NMHC, deteriorated or defective sensor, or an catalyst, or an electronic simulation of NOX or CO. electronic simulation of such, resulting such, resulting in exhaust emissions (B) Diesel. If so equipped, any oxygen in exhaust emissions exceeding 1.5 exceeding, for model years 2007 through sensor or air-fuel ratio sensor located times the applicable standard or FEL for 2012, 1.75 times the applicable NOX downstream of aftertreatment devices is NMHC, NOX or CO. standard for engines certified to a NOX replaced with a deteriorated or defective (B) Diesel. If so equipped, any NOX FEL greater than 0.50 g/bhp-hr, or the sensor, or an electronic simulation of sensor is replaced with a deteriorated or applicable NOX FEL+0.6 g/bhp-hr for such, resulting in exhaust emissions defective sensor, or an electronic engines certified to a NOX FEL less than exceeding any of the following levels: simulation of such, resulting in exhaust or equal to 0.50 g/bhp-hr and, for model The applicable PM FEL+0.04 g/bhp-hr emissions exceeding any of the years 2013 and later, the applicable NOX or 0.05 g/bhp-hr PM, whichever is following levels: The applicable PM FEL+0.3 g/bhp-hr. Also if monitored for higher; or, for model years 2007 through FEL+0.04 g/bhp-hr or 0.05 g/bhp-hr PM, emissions performance—an oxidation 2012, 1.75 times the applicable NOX whichever is higher; or, for model years catalyst is replaced with a deteriorated standard for engines certified to a NOX 2007 through 2012, 1.75 times the or defective catalyst, or an electronic FEL greater than 0.50 g/bhp-hr, or the applicable NOX standard for engines simulation of such, resulting in exhaust applicable NOX FEL+0.6 g/bhp-hr for certified to a NOX FEL greater than 0.50 NMHC emissions exceeding, for model engines certified to a NOX FEL less than g/bhp-hr, or the applicable NOX years 2007 through 2012, 2.5 times the or equal to 0.50 g/bhp-hr and, for model FEL+0.6 g/bhp-hr for engines certified applicable NMHC standard and, for years 2013 and later, the applicable NOX to a NOX FEL less than or equal to 0.50 model years 2013 and later, 2 times the FEL+0.3 g/bhp-hr; or, for model years g/bhp-hr and, for model years 2013 and applicable NMHC standard. If 2007 through 2012, 2.5 times the later, the applicable NOX FEL+0.3 g/ monitored for exotherm performance, an applicable NMHC standard and, for bhp-hr. oxidation catalsyt is replaced with a model years 2013 and later, 2 times the (4) If so equipped and for Otto-cycle deteriorated or defective catalyst, or an applicable NMHC standard. engines, a vapor leak is introduced in

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the evaporative and/or refueling system the system for which an engine Potential malfunction means that (excluding the tubing and connections manufacturer has received a certificate conditions have been detected that meet between the purge valve and the intake of conformity. the OBD malfunction criteria but for manifold) greater than or equal in Engine start as used in § 86.010–18 which more drive cycles are allowed to magnitude to a leak caused by a 0.040 means the point when the engine provide further evaluation prior to inch diameter orifice, or the evaporative reaches a speed 150 rpm below the confirming that a malfunction exists. purge air flow is blocked or otherwise normal, warmed-up idle speed (as Previous-MIL-on DTC means a DTC eliminated from the complete determined in the drive position for that corresponds to a MIL-on DTC but evaporative emission control system. vehicles equipped with an automatic is distinguished by representing a (5)(i) Otto-cycle. A malfunction transmission). For hybrid vehicles or for malfunction that the OBD system has condition is induced in any emission- engines employing alternative engine determined no longer exists but for related engine system or component, start hardware or strategies (e.g., which insufficient operation has including but not necessarily limited to, integrated starter and generators.), the occurred to satisfy the DTC erasure the exhaust gas recirculation (EGR) manufacturer may use an alternative provisions. system, if equipped, the secondary air definition for engine start (e.g., key-on) Rationality check, in the context of system, if equipped, and the fuel control provided the alternative definition is onboard diagnostics, means verifying system, singularly resulting in exhaust based on equivalence to an engine start that a component that provides input to emissions exceeding 1.5 times the for a conventional vehicle. a control computer provides an accurate applicable emission standard or FEL for Functional check, in the context of input to the control computer while in NMHC, NOX, or CO. onboard diagnostics, means verifying the range of normal operation and when (ii) Diesel. A malfunction condition is that a component and/or system that compared to all other available induced in any emission-related engine receives information from a control information. system or component, including but not computer responds properly to a Similar conditions, in the context of necessarily limited to, the exhaust gas command from the control computer. onboard diagnostics, means engine recirculation (EGR) system, if equipped, Ignition cycle as used in § 86.010–18 conditions having an engine speed and the fuel control system, singularly means a cycle that begins with engine within 375 rpm, load conditions within resulting in exhaust emissions start, meets the engine start definition 20 percent, and the same warm up exceeding any of the following levels: for at least two seconds plus or minus status (i.e., cold or hot). The The applicable PM FEL+0.04 g/bhp-hr one second, and ends with engine manufacturer may use other definitions or 0.05 g/bhp-hr PM, whichever is shutoff. of similar conditions based on higher; or, for model years 2007 through Limp-home operation as used in comparable timeliness and reliability in 2012, 1.75 times the applicable NO X § 86.010–18 means an operating mode detecting similar engine operation. standard for engines certified to a NO X that an engine is designed to enter upon FEL greater than 0.50 g/bhp-hr, or the ■ 6. Section 86.010–18 is added to determining that normal operation applicable NO FEL+0.6 g/bhp-hr for Subpart A to read as follows: X cannot be maintained. In general, limp- engines certified to a NO FEL less than X home operation implies that a § 86.010–18 On-board Diagnostics for or equal to 0.50 g/bhp-hr and, for model component or system is not operating engines used in applications greater than years 2013 and later, the applicable NO X properly or is believed to be not 14,000 pounds GVWR. FEL+0.3 g/bhp-hr; or, for model years operating properly. (a) General. According to the 2007 through 2012, 2.5 times the Malfunction means the conditions implementation schedule shown in applicable NMHC standard and, for have been met that require the paragraph (o) of this section, heavy-duty model years 2013 and later, 2 times the activation of an OBD malfunction engines intended for use in a heavy- applicable NMHC standard; or, for indicator light and storage of a DTC. duty vehicle weighing more than 14,000 model years 2007 through 2012, 2.5 MIL-on DTC means the diagnostic pounds GVWR must be equipped with times the applicable CO standard and, trouble code stored when an OBD an on-board diagnostic (OBD) system for model years 2013 and later, 2 times system has detected and confirmed that capable of monitoring all emission- the applicable CO standard. related engine systems or components (6) A malfunction condition is a malfunction exists (e.g., typically on during the life of the engine. The OBD induced in an electronic emission- the second drive cycle during which a system is required to detect all related engine system or component not given OBD monitor has evaluated a malfunctions specified in paragraphs otherwise described above that either system or component). Industry (g), (h), and (i) of this § 86.010–18 provides input to or receives commands standards may refer to this as a although the OBD system is not required from the on-board computer resulting in confirmed or an active DTC. to use a unique monitor to detect each a measurable impact on emissions. Onboard Diagnostics (OBD) group means a combination of engines, engine of those malfunctions. ■ 5. Section 86.010–2 is added to families, or engine ratings that use the (1) When the OBD system detects a Subpart A to read as follows: same OBD strategies and similar malfunction, it must store a pending, a § 86.010–2 Definitions. calibrations. MIL-on, or a previous-MIL-on diagnostic The definitions of § 86.004–2 Pending DTC means the diagnostic trouble code (DTC) in the onboard continue to apply to 2004 and later trouble code stored upon the detection computer’s memory. A malfunction model year vehicles. The definitions of a potential malfunction. indicator light (MIL) must also be listed in this section apply beginning Permanent DTC means a DTC that activated as specified in paragraph (b) of with the 2010 model year. corresponds to a MIL-on DTC and is this section. DTC means diagnostic trouble code. stored in non-volatile random access (2) Data link connector. Engine or engine system as used in memory (NVRAM). A permanent DTC (i) For model years 2010 through §§ 86.007–17, 86.007–30, 86.010–18, can only be erased by the OBD system 2012, the OBD system must be equipped and 86.010–38 means the engine, fuel itself and cannot be erased through with a data link connector to provide system, induction system, aftertreatment human interaction with the OBD system access to the stored DTCs as specified in system, and everything that makes up or any onboard computer. paragraph (k)(2) of this section.

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(ii) For model years 2013 and later, (5) As an alternative to demonstrating provision must display ‘‘non-OBD’’ in the OBD system must be equipped with compliance with the provisions of the data stream as required under a standardized data link connector to paragraphs (b) through (l) of this paragraph (k)(4)(ii) of this section. Upon provide access to the stored DTCs as § 86.010–18, a manufacturer may correcting the noncompliance, the data specified in paragraph (k)(2) of this demonstrate how the OBD system they stream value must be updated section. have designed to comply with California accordingly. (3) The OBD system cannot be OBD requirements for engines used in (b) Malfunction indicator light (MIL) programmed or otherwise designed to applications greater than 14,000 pounds and Diagnostic Trouble Codes (DTC). deactivate based on age and/or mileage. also complies with the intent of the The OBD system must incorporate a This requirement does not alter existing provisions of paragraphs (b) through (l) malfunction indicator light (MIL) or law and enforcement practice regarding of this section. To make use of this equivalent and must store specific types a manufacturer’s liability for an engine alternative, the manufacturer must of diagnostic trouble codes (DTC). beyond its regulatory useful life, except demonstrate to the Administrator how Unless otherwise specified, all where an engine has been programmed the OBD system they intend to certify provisions of this paragraph (b) apply or otherwise designed so that an OBD meets the intent behind all of the for 2010 and later model years. system deactivates based on age and/or requirements of this section, where (1) MIL specifications. mileage of the engine. applicable (e.g., paragraph (h) of this (i) For model years 2013 and later, the (4) Drive cycle or driving cycle, in the section would not apply for a diesel MIL must be located on the primary context of this § 86.010–18, means fueled/CI engine). Furthermore, if driver’s side instrument panel and be of operation that meets any of the making use of this alternative, the sufficient illumination and location to conditions of paragraphs (a)(4)(i) manufacturer must comply with the be readily visible under all lighting through (a)(4)(iv) of this section. specific certification documentation conditions. The MIL must be amber Further, for OBD monitors that run requirements of paragraph (m)(3) of this (yellow) in color; the use of red for the during engine-off conditions, the period section. OBD-related MIL is prohibited. More of engine-off time following engine (6) Temporary provisions to address than one general purpose malfunction shutoff and up to the next engine start hardship due to unusual circumstances. indicator light for emission-related may be considered part of the drive (i) After considering the unusual problems shall not be used; separate cycle for the conditions of paragraphs circumstances, the Administrator may specific purpose warning lights (e.g., (a)(4)(i) and (a)(4)(iv) of this section. For permit the manufacturer to introduce brake system, fasten seat belt, oil engines/vehicles that employ engine into U.S. commerce engines that do not pressure, etc.) are permitted. When shutoff OBD monitoring strategies that comply with this § 86.010–18 for a activated, the MIL shall display the do not require the vehicle operator to limited time if all the following International Standards Organization restart the engine to continue vehicle conditions apply: (ISO) engine symbol. operation (e.g., a hybrid bus with engine (A) Unusual circumstances that are (ii) The OBD system must activate the shutoff at idle), the manufacturer may clearly outside the manufacturer’s MIL when the ignition is in the key-on/ use an alternative definition for drive control prevent compliance with the engine-off position before engine cycle (e.g., key-on followed by key-off). requirements of this § 86.010–18. cranking to indicate that the MIL is Any alternative definition must be (B) The manufacturer exercised functional. The MIL shall be activated based on equivalence to engine startup prudent planning and was not able to continuously during this functional and engine shutoff signaling the avoid the violation and has taken all check for a minimum of 5 seconds. beginning and ending of a single driving reasonable steps to minimize the extent During this MIL key-on functional event for a conventional vehicle. For of the nonconformity. check, the data stream value (see (C) No other allowances are available engines that are not likely to be paragraph (k)(4)(ii) of this section) for under the regulations in this chapter to routinely operated for long continuous MIL status must indicate ‘‘commanded avoid the impending violation. periods of time, a manufacturer may (ii) To apply for an exemption, the off’’ unless the OBD system has detected also request approval to use an manufacturer must send to the a malfunction and has stored a MIL-on alternative definition for drive cycle Administrator a written request as soon DTC. This MIL key-on functional check (e.g., solely based on engine start and as possible before being in violation. In is not required during vehicle operation engine shutoff without regard to four the request, the manufacturer must in the key-on/engine-off position hours of continuous engine-on time). show that all the conditions and subsequent to the initial engine Administrator approval of the requirements of paragraph (a)(6)(i) of cranking of an ignition cycle (e.g., due alternative definition will be based on this section are met. to an engine stall or other non- manufacturer-submitted data and/or (iii) The request must also include a commanded engine shutoff). information demonstrating the typical plan showing how all the applicable (iii) As an option, the MIL may be usage, operating habits, and/or driving requirements will be met as quickly as used to indicate readiness status (see patterns of these vehicles. possible. paragraph (k)(4)(i) of this section) in a (i) Begins with engine start and ends (iv) The manufacturer shall give the standardized format in the key-on/ with engine shutoff; Administrator other relevant engine-off position. (ii) Begins with engine start and ends information upon request. (iv) A manufacturer may also use the after four hours of continuous engine-on (v) The Administrator may include MIL to indicate which, if any, DTCs are operation; additional conditions on an approval currently stored (e.g., to ‘‘blink’’ the (iii) Begins at the end of the previous granted under the provisions of this stored DTCs). Such use must not four hours of continuous engine-on paragraph (a)(6), including provisions activate unintentionally during routine operation and ends after four hours of that may require field repair at the driver operation. continuous engine-on operation; or manufacturer’s expense to correct the (v) For model years 2013 and later, (iv) Begins at the end of the previous noncompliance. the MIL required by this paragraph (b) four hours of continuous engine-on (vi) Engines sold as non-compliant must not be used in any other way than operation and ends with engine shutoff. under this temporary hardship is specified in this section.

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(2) MIL activation and DTC storage (v) If the engine enters a limp-home (A) The OBD system itself determines protocol. mode of operation that can affect that the malfunction that caused the (i) Within 10 seconds of detecting a emissions or the performance of the corresponding permanent DTC to be potential malfunction, the OBD system OBD system, or in the event of a stored is no longer present and is not must store a pending DTC that identifies malfunction of an onboard computer(s) commanding activation of the MIL, the potential malfunction. itself that can affect the performance of concurrent with the requirements of (ii) If the potential malfunction is the OBD system, the OBD system must paragraph (b)(3)(i) of this section which, again detected before the end of the next activate the MIL and store a MIL-on for purposes of this paragraph (b)(3)(iii), drive cycle during which monitoring DTC within 10 seconds to inform the shall apply to all monitors. occurs (i.e., the potential malfunction vehicle operator. If the limp-home mode (B) All externally erasable DTC has been confirmed as a malfunction), of operation is recoverable (i.e., information stored in the onboard then within 10 seconds of such operation automatically returns to computer has been erased (i.e., through detection the OBD system must activate normal at the beginning of the following the use of a scan tool or battery the MIL continuously and store a MIL- ignition cycle), the OBD system may disconnect) and the monitor of the on DTC (systems using the SAE J1939 wait to activate the MIL and store the malfunction that caused the permanent standard protocol specified in paragraph MIL-on DTC if the limp-home mode of DTC to be stored is subject to the (k)(1) of this section may either erase or operation is again entered before the minimum ratio requirements of retain the pending DTC in conjunction end of the next ignition cycle rather paragraph (d) of this section, the OBD with storing the MIL-on DTC). If the than activating the MIL within 10 system shall erase the permanent DTC at potential malfunction is not detected seconds on the first drive cycle during the end of a drive cycle if the monitor before the end of the next drive cycle which the limp-home mode of operation has run and made one or more during which monitoring occurs (i.e., is entered. determinations during a drive cycle that there is no indication of the malfunction (vi) Before the end of an ignition the malfunction of the component or the at any time during the drive cycle), the cycle, the OBD system must store a system is not present and has not made corresponding pending DTC should be permanent DTC(s) that corresponds to any determinations within the same erased at the end of the drive cycle. any stored MIL-on DTC(s). drive cycle that the malfunction is Similarly, if a malfunction is detected (3) MIL deactivation and DTC erasure present. (C) (1) All externally erasable DTC for the first time and confirmed on a protocol. information stored in the onboard given drive cycle without need for (i) Deactivating the MIL. Except as computer has been erased (i.e., through further evaluation, then within 10 otherwise provided for in paragraphs the use of a scan tool or battery seconds of such detection the OBD (g)(2)(iv)(E) and (g)(6)(iv)(B) of this disconnect) and the monitor of the system must activate the MIL section for diesel misfire malfunctions malfunction that caused the permanent continuously and store a MIL-on DTC and empty reductant tanks, and DTC to be stored is not subject to the (again, systems using the SAE J1939 paragraphs (h)(1)(iv)(F), (h)(2)(viii), and minimum ratio requirements of standard protocol specified in paragraph (h)(7)(iv)(B) of this section for gasoline paragraph (d) of this section, the OBD (k)(1) of this section may optionally fuel system, misfire, and evaporative system shall erase the permanent DTC at store a pending DTC in conjunction system malfunctions, once the MIL has the end of a drive cycle provided the with storing the MIL-on DTC). been activated, it may be deactivated following two criteria have (iii) A manufacturer may request after three subsequent sequential drive independently been satisfied: Administrator approval to employ cycles during which the monitoring (i) The monitor has run and made one alternative statistical MIL activation and system responsible for activating the or more determinations during a drive DTC storage protocols to those specified MIL functions and the previously cycle that the malfunction is no longer in paragraphs (b)(2)(i) and (b)(2)(ii) of detected malfunction is no longer present and has not made any this section. Approval will depend upon present and provided no other determinations within the same drive the manufacturer providing data and/or malfunction has been detected that cycle that the malfunction is present; engineering evaluations that would independently activate the MIL and, demonstrate that the alternative according to the requirements outlined (ii) The monitor does not detect a protocols can evaluate system in paragraph (b)(2) of this section. malfunction on a drive cycle and the performance and detect malfunctions in (ii) Erasing a MIL-on DTC. The OBD criteria of paragraph (d)(4)(ii) of this a manner that is equally effective and system may erase a MIL-on DTC if the section has been met. timely. Strategies requiring on average identified malfunction has not again (2) These two separate criteria may be more than six drive cycles for MIL been detected in at least 40 engine warm met on the same or different drive activation will not be accepted. up cycles and the MIL is presently not cycles provided the monitor never (iv) The OBD system must store a activated for that malfunction. The OBD detects a malfunction during either ‘‘freeze frame’’ of the operating system may also erase a MIL-on DTC drive cycle, and if criteria conditions (as defined in paragraph upon deactivating the MIL according to (b)(3)(iii)(C)(1)(i) happens first then no (k)(4)(iii) of this section) present upon paragraph (b)(3)(i) of this section malfunction may be detected before detecting a malfunction or a potential provided a previous-MIL-on DTC is criteria (b)(3)(iii)(C)(1)(ii) occurs. If a malfunction. In the event that a pending stored upon erasure of the MIL-on DTC. malfunction occurs after criteria DTC has matured to a MIL-on DTC, the The OBD system may erase a previous- (b)(3)(iii)(C)(1)(i) then criteria manufacturer shall either retain the MIL-on DTC if the identified (b)(3)(iii)(C)(1)(i) must be satisfied again. currently stored freeze frame conditions malfunction has not again been detected For the second criterion, the or replace the stored freeze frame with in at least 40 engine warm up cycles and manufacturer must exclude any freeze frame conditions regarding the the MIL is presently not activated for temperature and/or elevation provisions MIL-on DTC. Any freeze frame stored in that malfunction. of paragraph (d)(4)(ii) of this section. conjunction with any pending DTC or (iii) Erasing a permanent DTC. The For this paragraph (b)(3)(iii)(C), MIL-on DTC should be erased upon OBD system can erase a permanent DTC monitors required to use ‘‘similar erasure of the corresponding DTC. only if: conditions’’ as defined in § 86.010–2 to

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store and erase pending and MIL-on (2) Monitoring must occur at least executive priority or modification of DTCs cannot require that the similar once per drive cycle in which the other monitoring conditions, or using a conditions be met prior to erasure of the monitoring conditions are met. high ratio to enable less frequent permanent DTC. (3) Manufacturers may define monitoring). (D) The Administrator shall allow monitoring conditions that are not (ii) For model years 2013 and later, monitors subject to paragraph encountered during the FTP cycle as manufacturers must define monitoring (b)(3)(iii)(B) of this section to use the required in paragraph (c)(1) of this conditions that, in addition to meeting criteria of paragraph (b)(3)(iii)(C) of this section. In doing so, the manufacturer the criteria in paragraphs (c)(1) and section in lieu of paragraph (b)(3)(iii)(B). would be expected to consider the (d)(1) of this section, ensure that the Further, manufacturers may request degree to which the requirement to run monitor yields an in-use performance Administrator approval to use during the FTP transient cycle restricts ratio (as defined in paragraph (d)(2) of alternative criteria to erase the monitoring during in-use operation, the this section) that meets or exceeds the permanent DTC. The Administrator technical necessity for defining minimum acceptable in-use monitor shall approve alternate criteria that will monitoring conditions that are not performance ratio of 0.100 for all not likely require driving conditions encountered during the FTP cycle, monitors specifically required in that are longer and more difficult to whether monitoring is otherwise not paragraphs (g), (h), and (i) of this section meet than those required under feasible during the FTP cycle, and/or to meet the monitoring condition paragraph (b)(3)(iii)(C) of this section the ability to demonstrate that the requirements of this paragraph (d). and do not require access to enhanced monitoring conditions satisfy the (iii) If the most reliable monitoring scan tools to determine conditions minimum acceptable in-use monitor method developed requires a lower ratio necessary to erase the permanent DTC. performance ratio requirement as for a specific monitor than that specified (4) Exceptions to MIL and DTC defined in paragraph (d) of this section. in paragraph (d)(1)(ii) of this section, the requirements. (d) In-use performance tracking. As Administrator may lower the minimum (i) If a limp-home mode of operation specifically required in paragraphs (g), acceptable in-use monitoring causes a overt indication (e.g., activation (h), and (i) of this section, the OBD performance ratio. of a red engine shut-down warning system must monitor and detect the (2) In-use performance ratio light) such that the driver is certain to malfunctions specified in paragraphs definition. For monitors required to respond and have the problem (g), (h), and (i) of this section according meet the requirements of paragraph (d) corrected, a manufacturer may choose to the criteria of this paragraph (d). The of this section, the performance ratio not to activate the MIL as required by OBD system is not required to track and must be calculated in accordance with paragraph (b)(2)(v) of this section. report in-use performance for monitors the specifications of this paragraph Additionally, if an auxiliary emission other than those specifically identified (d)(2). control device has been properly in paragraph (d)(1) of this section, but (i) The numerator of the performance activated as approved by the all monitors on applicable model year ratio is defined as the number of times Administrator, a manufacturer may engines are still required to meet the in- a vehicle has been operated such that all choose not to activate the MIL. use performance ratio as specified in monitoring conditions have been (ii) For gasoline engines, a paragraph (d)(1)(ii) of this section. encountered that are necessary for the manufacturer may choose to meet the (1) The manufacturer must implement specific monitor to detect a malfunction. MIL and DTC requirements in § 86.007– software algorithms in the OBD system (ii) The denominator is defined as the 17 in lieu of meeting the requirements to individually track and report the in- number of times a vehicle has been of paragraph (b) of this § 86.010–18. use performance of the following operated in accordance with the (c) Monitoring conditions. The OBD monitors, if equipped, in the provisions of paragraph (d)(4) of this system must monitor and detect the standardized format specified in section. malfunctions specified in paragraphs paragraph (e) of this section: NMHC (iii) The performance ratio is defined (g), (h), and (i) of this section under the converting catalyst (paragraph (g)(5) of as the numerator divided by the following general monitoring this section); NOX converting catalyst denominator. conditions. The more specific (paragraph (g)(6) of this section); (3) Specifications for incrementing the monitoring conditions of paragraph (d) gasoline catalyst (paragraph (h)(6) of numerator. of this section are sometimes required this section); exhaust gas sensor (i) Except as provided for in according to the provisions of (paragraph (g)(9) of this section) or paragraph (d)(3)(v) of this section, the paragraphs (g), (h), and (i) of this paragraph(h)(8) of this section); numerator, when incremented, must be section. evaporative system (paragraph (h)(7) of incremented by an integer of one. The (1) As specifically provided for in this section); EGR system (paragraph numerator shall not be incremented paragraphs (g), (h), and (i) of this (g)(3) of this section or (h)(3) of this more than once per drive cycle. section, the monitoring conditions for section); VVT system (paragraph (g)(10) (ii) The numerator for a specific detecting malfunctions must be of this section or (h)(9) of this section); monitor must be incremented within 10 technically necessary to ensure robust secondary air system (paragraph (h)(5) seconds if and only if the following detection of malfunctions (e.g., avoid of this section); DPF system (paragraph criteria are satisfied on a single drive false passes and false indications of (g)(8) of this section); boost pressure cycle: malfunctions); designed to ensure control system (paragraph (g)(4) of this (A) Every monitoring condition has monitoring will occur under conditions section); and, NOX adsorber system been satisfied that is necessary for the that may reasonably be expected to be (paragraph (g)(7) of this section). specific monitor to detect a malfunction encountered in normal vehicle (i) The manufacturer shall not use the and store a pending DTC, including operation and normal vehicle use; and, calculated ratio specified in paragraph applicable enable criteria, presence or designed to ensure monitoring will (d)(2) of this section or any other absence of related DTCs, sufficient occur during the FTP transient test cycle indication of monitor frequency as a length of monitoring time, and contained in Appendix I paragraph (f), monitoring condition for a monitor (e.g., diagnostic executive priority of this part, or similar drive cycle as using a low ratio to enable more assignments (e.g., diagnostic ‘‘A’’ must approved by the Administrator. frequent monitoring through diagnostic execute prior to diagnostic ‘‘B’’). For the

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purpose of incrementing the numerator, allowed in paragraph (b)(2)(iii) of this (A) Cumulative time since the start of satisfying all the monitoring conditions section for any of the monitors requiring the drive cycle is greater than or equal necessary for a monitor to determine a numerator, are required to increment to 600 seconds while at an ambient that the monitor is not malfunctioning the numerator(s) appropriately. The temperature of greater than or equal to shall not, by itself, be sufficient to meet manufacturer may be required to 40 degrees Fahrenheit (4 C) but less than this criteria. provide supporting data and/or or equal to 95 degrees Fahrenheit (35 C); (B) For monitors that require multiple engineering analyses demonstrating and, stages or events in a single drive cycle both the equivalence of their (B) Engine cold start occurs with the to detect a malfunction, every incrementing approach to the engine coolant temperature greater than monitoring condition necessary for all incrementing specified in this paragraph or equal to 40 degrees Fahrenheit (4 C) events to complete must be satisfied. (d)(3) for monitors using the standard but less than or equal to 95 degrees (C) For monitors that require intrusive MIL activation protocol, and the overall Fahrenheit (35 C) and less than or equal operation of components to detect a equivalence of the incrementing to 12 degrees Fahrenheit (7 C) higher malfunction, a manufacturer must approach in determining that the than the ambient temperature. request approval of the strategy used to minimum acceptable in-use (iv) In addition to the requirements of determine that, had a malfunction been performance ratio of paragraph (d)(1)(ii) paragraph (d)(4)(ii) of this section, the present, the monitor would have of this section, if applicable, has been denominator(s) for the following detected the malfunction. Administrator satisfied. monitors may be incremented if and approval of the request will be based on (4) Specifications for incrementing the only if the component or strategy is the equivalence of the strategy to actual denominator. commanded ‘‘on’’ for a cumulative time intrusive operation and the ability of the (i) The denominator, when greater than or equal to 10 seconds. For strategy to determine accurately if every incremented, must be incremented by purposes of determining this monitoring condition was satisfied that an integer of one. The denominator shall commanded ‘‘on’’ time, the OBD system was necessary for the intrusive event to not be incremented more than once per shall not include time during intrusive occur. drive cycle. operation of any of the components or (D) For the secondary air system strategies that occurs later in the same monitor, the criteria in paragraphs (ii) The denominator for each monitor must be incremented within 10 seconds drive cycle for the sole purpose of (d)(3)(ii)(A) through (d)(3)(ii)(C) of this monitoring. section are satisfied during normal if and only if the following criteria are satisfied on a single drive cycle: (A) Secondary air system (paragraph operation of the secondary air system. (h)(5) of this section). Monitoring during intrusive operation (A) Cumulative time since the start of the drive cycle is greater than or equal (B) Cold start emission reduction of the secondary air system later in the strategy (paragraph (h)(4) of this same drive cycle for the sole purpose of to 600 seconds while at an elevation of less than 8,000 feet (2,400 meters) above section). monitoring shall not, by itself, be (C) Components or systems that sea level and at an ambient temperature sufficient to meet these criteria. operate only at engine start-up (e.g., of greater than or equal to 20 degrees (iii) For monitors that can generate glow plugs, intake air heaters) and are Fahrenheit (¥7 C); results in a ‘‘gray zone’’ or ‘‘non- subject to monitoring under ‘‘other detection zone’’ (i.e., monitor results (B) Cumulative gasoline engine emission control systems’’ (paragraph that indicate neither a properly operation at or above 25 miles per hour (i)(4) of this section) or comprehensive operating system nor a malfunctioning or diesel engine operation at or above component output components system) or in a ‘‘non-decision zone’’ 1,150 rotations per minute (diesel (paragraph (i)(3)(iii) of this section). (e.g., monitors that increment and engines may use the gasoline criterion (v) In addition to the requirements of decrement counters until a pass or fail for 2010 through 2012 model years), paragraph (d)(4)(ii) of this section, the threshold is reached), the numerator, in either of which occurs for greater than denominator(s) for the following general, shall not be incremented when or equal to 300 seconds while at an monitors of output components (except the monitor indicates a result in the elevation of less than 8,000 feet (2,400 those operated only at engine start-up ‘‘non-detection zone’’ or prior to the meters) above sea level and at an and subject to the requirements of monitor reaching a complete decision. ambient temperature of greater than or ¥ paragraph (d)(4)(iv) of this section, may When necessary, the Administrator will equal to 20 degrees Fahrenheit ( 7 C); be incremented if and only if the consider data and/or engineering and, component is commanded to function analyses submitted by the manufacturer (C) Continuous engine operation at (e.g., commanded ‘‘on’’, ‘‘opened’’, demonstrating the expected frequency idle (e.g., accelerator pedal released by ‘‘closed’’, ‘‘locked’’) on two or more of results in the ‘‘non-detection zone’’ driver and engine speed less than or occasions during the drive cycle or for and the ability of the monitor to equal to 200 rpm above normal warmed- a cumulative time greater than or equal determine accurately, had an actual up idle (as determined in the drive to 10 seconds, whichever occurs first: malfunction been present, whether or position for vehicles equipped with an (A) Variable valve timing and/or not the monitor would have detected a automatic transmission) or vehicle control system (paragraph (g)(10) of this malfunction instead of a result in the speed less than or equal to one mile per section or (h)(9) of this section). ‘‘non-detection zone.’’ hour) for greater than or equal to 30 (B) ‘‘Other emission control systems’’ (iv) For monitors that run or complete seconds while at an elevation of less (paragraph (i)(4) of this section). their evaluation with the engine off, the than 8,000 feet (2,400 meters) above sea (C) Comprehensive component output numerator must be incremented either level and at an ambient temperature of component (paragraph (i)(3) of this within 10 seconds of the monitor greater than or equal to 20 degrees section) (e.g., turbocharger waste-gates, completing its evaluation in the engine Fahrenheit (¥7 C). variable length manifold runners). off state, or during the first 10 seconds (iii) In addition to the requirements of (vi) For monitors of the following of engine start on the subsequent drive paragraph (d)(4)(ii) of this section, the components, the manufacturer may use cycle. evaporative system monitor alternative or additional criteria for (v) Manufacturers that use alternative denominator(s) may be incremented if incrementing the denominator to that statistical MIL activation protocols as and only if: set forth in paragraph (d)(4)(ii) of this

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section. To do so, the alternative criteria the equivalence to the criteria of denominator for each of the following must be based on equivalence to the paragraph (d)(4)(ii) of this section in components: criteria of paragraph (d)(4)(ii) of this measuring the amount of vehicle (i) For diesel engines, NMHC catalyst section in measuring the frequency of operation relative to the measure of bank 1, NMHC catalyst bank 2, NOX monitor operation relative to the conventional vehicle operation. catalyst bank 1, NOX catalyst bank 2, amount of engine operation: (5) Disablement of numerators and exhaust gas sensor bank 1, exhaust gas (A) Engine cooling system input denominators. sensor bank 2, EGR/VVT system, DPF, components (paragraph (i)(1) of this (i) Within 10 seconds of detecting a boost pressure control system, and NOX section). malfunction (i.e., a pending or a MIL-on adsorber. The OBD system must also (B) ‘‘Other emission control systems’’ DTC has been stored) that disables a report a general denominator and an (paragraph (i)(4) of this section). monitor for which the monitoring ignition cycle counter in the (C) Comprehensive component input conditions in paragraph (d) of this standardized format specified in components that require extended section must be met, the OBD system paragraphs (e)(5), (e)(6), and (k)(5) of monitoring evaluation (paragraph (i)(3) must stop incrementing the numerator this section. of this section) (e.g., stuck fuel level and denominator for any monitor that (ii) For gasoline engines, catalyst bank sensor rationality). may be disabled as a consequence of the 1, catalyst bank 2, exhaust gas sensor (D) Comprehensive component input detected malfunction. Within 10 bank 1, exhaust gas sensor bank 2, component temperature sensor seconds of the time at which the evaporative leak detection system, EGR/ rationality monitors (paragraph (i)(3) of malfunction is no longer being detected VVT system, and secondary air system. this section) (e.g., intake air temperature (e.g., the pending DTC is erased through The OBD system must also report a sensor, ambient temperature sensor, fuel OBD system self-clearing or through a general denominator and an ignition temperature sensor). scan tool command), incrementing of all cycle counter in the standardized format (E) Diesel particulate filter (DPF) applicable numerators and specified in paragraphs (e)(5), (e)(6), and frequent regeneration (paragraph denominators must resume. (k)(5) of this section. (g)(8)(ii)(B) of this section). (ii) Within 10 seconds of the start of (iii) For specific components or (vii) For monitors of the following a power take-off unit (e.g., dump bed, systems that have multiple monitors components or other emission controls snow plow blade, or aerial bucket, etc.) that are required to be reported under that experience infrequent regeneration that disables a monitor for which the paragraphs (g) and (h) of this section events, the manufacturer may use monitoring conditions in paragraph (d) (e.g., exhaust gas sensor bank 1 may alternative or additional criteria for of this section must be met, the OBD have multiple monitors for sensor incrementing the denominator to that system must stop incrementing the response or other sensor characteristics), set forth in paragraph (d)(4)(ii) of this numerator and denominator for any the OBD system must separately track section. To do so, the alternative criteria monitor that may be disabled as a numerators and denominators for each must be based on equivalence to the consequence of power take-off of the specific monitors and report only criteria of paragraph (d)(4)(ii) of this operation. Within 10 seconds of the the corresponding numerator and section in measuring the frequency of time at which the power take-off denominator for the specific monitor monitor operation relative to the operation ends, incrementing of all that has the lowest numerical ratio. If amount of engine operation: applicable numerators and two or more specific monitors have (A) NMHC converting catalyst identical ratios, the corresponding (paragraph (g)(5) of this section). denominators must resume. (iii) Within 10 seconds of detecting a numerator and denominator for the (B) Diesel particulate filter (DPF) specific monitor that has the highest (paragraphs (g)(8)(ii)(A) and (g)(8)(ii)(D) malfunction (i.e., a pending or a MIL-on DTC has been stored) of any component denominator must be reported for the of this section). specific component. (viii) In addition to the requirements used to determine if the criteria of paragraphs (d)(4)(ii) and (d)(4)(iii) of (2) Numerator. of paragraph (d)(4)(ii) of this section, the (i) The OBD system must report a this section are satisfied, the OBD denominator(s) for the following separate numerator for each of the system must stop incrementing all monitors shall be incremented if and applicable components listed in applicable numerators and only if a regeneration event is paragraph (e)(1) of this section. commanded for a time greater than or denominators. Within 10 seconds of the (ii) The numerator(s) must be reported equal to 10 seconds: time at which the malfunction is no in accordance with the specifications in (A) DPF incomplete regeneration longer being detected (e.g., the pending paragraph (k)(5)(ii) of this section. (paragraph (g)(8)(ii)(C) of this section). DTC is erased through OBD system self- (3) Denominator. (B) DPF active/intrusive injection clearing or through a scan tool (i) The OBD system must report a (paragraph (g)(8)(ii)(E) of this section). command), incrementing of all separate denominator for each of the (ix) For hybrids that employ applicable numerators and applicable components listed in alternative engine start hardware or denominators must resume. paragraph (e)(1) of this section. strategies (e.g., integrated starter and (e) Standardized tracking and (ii) The denominator(s) must be generators), or alternative fuel vehicles reporting of in-use monitor reported in accordance with the (e.g., dedicated, bi-fuel, or dual-fuel performance. specifications in paragraph (k)(5)(ii) of applications), the manufacturer may use (1) General. For monitors required to this section. alternative criteria for incrementing the track and report in-use monitor (4) Monitor performance ratio. For denominator to that set forth in performance according to paragraph (d) purposes of determining which paragraph (d)(4)(ii) of this section. In of this section, the performance data corresponding numerator and general, the Administrator will not must be tracked and reported in denominator to report as required in approve alternative criteria for those accordance with the specifications in paragraph (e)(1)(iii) of this section, the hybrids that employ engine shut off paragraphs (d)(2), (e), and (k)(5) of this ratio must be calculated in accordance only at or near idle and/or vehicle stop section. The OBD system must with the specifications in paragraph conditions. To use alternative criteria, separately report an in-use monitor (k)(5)(iii) of this section. the alternative criteria must be based on performance numerator and (5) Ignition cycle counter.

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(i) The ignition cycle counter is denominator shall not be incremented determined incorrectly the test cycle defined as a counter that indicates the more than once per drive cycle. and standard that is most stringent or number of ignition cycles a vehicle has (B) The general denominator must be effective, the manufacturer must be able experienced according to the incremented within 10 seconds if and to provide emission data and/or specifications of paragraph (e)(5)(ii)(B) only if the criteria identified in engineering analysis supporting their of this section. The ignition cycle paragraph (d)(4)(ii) of this section are choice of test cycle and standard. counter must be reported in accordance satisfied on a single drive cycle. (2) On engines equipped with with the specifications in paragraph (C) Within 10 seconds of detecting a emission controls that experience (k)(5)(ii) of this section. malfunction (i.e., a pending or a MIL-on infrequent regeneration events, a (ii) The ignition cycle counter must be DTC has been stored) of any component manufacturer need not adjust the incremented as follows: used to determine if the criteria in emission test results that are used to (A) The ignition cycle counter, when paragraph (d)(4)(ii) of this section are determine the malfunction criteria for incremented, must be incremented by satisfied (i.e., vehicle speed/load, monitors that are required to indicate a an integer of one. The ignition cycle ambient temperature, elevation, idle malfunction before emissions exceed a counter shall not be incremented more operation, or time of operation), the certain emission threshold. For each than once per ignition cycle. OBD system must stop incrementing the such monitor, should the manufacturer (B) The ignition cycle counter must be general denominator. Incrementing of choose to adjust the emission test incremented within 10 seconds if and the general denominator shall not be results, the manufacturer must adjust only if the engine exceeds an engine stopped for any other condition (e.g., the emission result as done in speed of 50 to 150 rpm below the the disablement criteria in paragraphs accordance with the provisions of normal, warmed-up idle speed (as (d)(5)(i) and (d)(5)(ii) of this section § 86.004–28(i) with the component for determined in the drive position for shall not disable the general which the malfunction criteria are being engines paired with an automatic denominator). Within 10 seconds of the established having been deteriorated to transmission) for at least two seconds time at which the malfunction is no the malfunction threshold. The adjusted plus or minus one second. longer being detected (e.g., the pending emission value must be used for (iii) Within 10 seconds of detecting a DTC is erased through OBD system self- purposes of determining whether or not malfunction (i.e., a pending or a MIL-on clearing or through a scan tool the applicable emission threshold is DTC has been stored) of any component command), incrementing of the general exceeded. used to determine if the criteria in denominator must resume. (i) For purposes of this paragraph paragraph (e)(5)(ii)(B) of this section are (f) Malfunction criteria determination. (f)(2), regeneration means an event, by (1) In determining the malfunction satisfied (i.e., engine speed or time of design, during which emissions levels criteria for the diesel engine monitors operation), the OBD system must stop change while the emission control required under paragraphs (g) and (i) of incrementing the ignition cycle counter. performance is being restored. Incrementing of the ignition cycle this section that are required to indicate counter shall not be stopped for any a malfunction before emissions exceed (ii) For purposes of this paragraph other condition. Within 10 seconds of an emission threshold based on any (f)(2), infrequent means having an the time at which the malfunction is no applicable standard, the manufacturer expected frequency of less than once per longer being detected (e.g., the pending must: transient FTP cycle. DTC is erased through OBD system self- (i) Use the emission test cycle and (3) For gasoline engines, rather than clearing or through a scan tool standard (i.e., the transient FTP or the meeting the malfunction criteria command), incrementing of the ignition supplemental emissions test (SET)) specified under paragraphs (h) and (i) of cycle counter must resume. determined by the manufacturer to this section, the manufacturer may (6) General denominator. provide the most effective monitoring request approval to use an OBD system (i) The general denominator is defined conditions and robust monitor provided certified to the requirements of as a measure of the number of times an all other applicable requirements of this § 86.007–17. To do so, the manufacturer engine has been operated according to section are met. must demonstrate use of good the specifications of paragraph (ii) Identify in the certification engineering judgment in determining (e)(6)(ii)(B) of this section. The general documentation required under equivalent malfunction detection denominator must be reported in paragraph (m) of this section, the test criteria to those required in this section. accordance with the specifications in cycle and standard determined by the (g) OBD monitoring requirements for paragraph (k)(5)(ii) of this section. manufacturer to be the most stringent diesel-fueled/compression-ignition (ii) The general denominator must be for each applicable monitor and the engines. The following table shows the incremented as follows: most effective and robust for each thresholds at which point certain (A) The general denominator, when applicable monitor. components or systems, as specified in incremented, must be incremented by (iii) If the Administrator reasonably this paragraph (g), are considered an integer of one. The general believes that a manufacturer has malfunctioning.

TABLE 1—OBD EMISSIONS THRESHOLDS FOR DIESEL-FUELED/COMPRESSION-IGNITION ENGINES MEANT FOR PLACEMENT IN APPLICATIONS GREATER THAN 14,000 POUNDS GVWR (G/BHP-HR)

§ 86.010–18 Component reference NMHC CO NOX PM

Model years 2010–2012: NOX aftertreatment system ...... (g)(6) ...... +0.6 (g)(7) Diesel particulate filter (DPF) system ...... (g)(8) 2.5x ...... 0.05/+0.04 Air-fuel ratio sensors upstream of aftertreat ment devices ...... (g)(9) 2.5x 2.5x +0.3 0.03/+0.02

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TABLE 1—OBD EMISSIONS THRESHOLDS FOR DIESEL-FUELED/COMPRESSION-IGNITION ENGINES MEANT FOR PLACEMENT IN APPLICATIONS GREATER THAN 14,000 POUNDS GVWR (G/BHP-HR)—Continued

§ 86.010–18 PM Component reference NMHC CO NOX

Air-fuel ratio sensors downstream of aftertreatment devices ...... (g)(9) 2.5x ...... +0.3 0.05/+0.04 NOX sensors ...... (g)(9) ...... +0.6 0.05/+0.04 ‘‘Other monitors’’ with emissions thresholds ...... (g)(1) 2.5x 2.5x +0.3 0.03/+0.02 (g)(3) (g)(4) (g)(10) Model years 2013 and later: NOX aftertreatment system ...... (g)(6) ...... +0.3 (g)(7) Diesel particulate filter (DPF) system ...... (g)(8) 2x ...... 0.05/+0.04 Air-fuel ratio sensors upstream of aftertreatment devices ...... (g)(9) 2x 2x +0.3 0.03/+0.02 Air-fuel ratio sensors downstream of aftertreatment devices ...... (g)(9) 2x ...... +0.3 0.05/+0.04 NOX sensors ...... (g)(9) ...... +0.3 0.05/+0.04 ‘‘Other monitors’’ with emissions thresholds ...... (g)(1) 2x 2x +0.3 0.03/+0.02 (g)(2) (g)(3) (g)(4) (g)(10) Notes: FEL = Family Emissions Limit; 2.5x std means a multiple of 2.5 times the applicable emissions standard; +0.3 means the standard or FEL plus 0.3; 0.05/+0.04 means an absolute level of 0.05 or an additive level of the standard or FEL plus 0.04, whichever level is higher; these emissions thresholds apply to the monitoring requirements of paragraph (g) of this § 86.010–18.

(1) Fuel system monitoring. engine’s emissions to exceed the OBD system must detect a malfunction (i) General. The OBD system must applicable emissions thresholds. when the system has reached its control monitor the fuel delivery system to (B) Fuel system injection quantity. limits such that the commanded fuel verify that it is functioning properly. The OBD system must detect a injection timing cannot be achieved. For The individual electronic components malfunction of the fuel injection system model year 2010 to 2012 engines with (e.g., actuators, valves, sensors, pumps) when the system is unable to deliver the a unit injector fuel system, this that are used in the fuel system and are commanded quantity of fuel necessary requirement may be met by conducting not specifically addressed in this to maintain an engine’s emissions at or a functional check of the fuel system paragraph (g)(1) must be monitored in below the emissions thresholds for injection timing in lieu of monitoring accordance with the requirements of ‘‘other monitors’’ as shown in Table 1 of for conditions that could cause an paragraph (i)(3) of this section. this paragraph (g). For engines in which engine’s emissions to exceed the no failure or deterioration of the fuel (ii) Fuel system malfunction criteria. applicable emissions thresholds. injection quantity could result in an (D) Combined Monitoring. For engines (A) Fuel system pressure control. The engine’s emissions exceeding the with a unit injector fuel system, the OBD system must monitor the fuel applicable emissions thresholds, the manufacturer may request system’s ability to control to the desired OBD system must detect a malfunction Administrator approval to combine the fuel pressure. This monitoring must be when the system has reached its control malfunction criteria of paragraphs done continuously unless new hardware limits such that the commanded fuel (g)(1)(ii)(A) through (g)(1)(ii)(C) of this has to be added, in which case the quantity cannot be delivered. For model section into one malfunction provided monitoring must be done at least once year 2010 to 2012 engines with a unit the manufacturer can demonstrate that per drive cycle. The OBD system must injector fuel system, this requirement the combined malfunction will satisfy detect a malfunction of the fuel system’s may be met by conducting a functional the intent of each separate malfunction pressure control system when the check of the fuel system injection criteria. For engines with a common rail pressure control system is unable to quantity in lieu of monitoring for fuel system, the manufacturer may maintain an engine’s emissions at or conditions that could cause an engine’s request Administrator approval to below the emissions thresholds for emissions to exceed the applicable combine the malfunction criteria of ‘‘other monitors’’ as shown in Table 1 of emissions thresholds. paragraphs (g)(1)(ii)(B) through this paragraph (g). For engines in which (C) Fuel system injection timing. The (g)(1)(ii)(C) of this section into one no failure or deterioration of the fuel OBD system must detect a malfunction malfunction provided the manufacturer system pressure control could result in of the fuel injection system when the can demonstrate that the combined an engine’s emissions exceeding the system is unable to deliver fuel at the malfunction will satisfy the intent of applicable emissions thresholds, the proper crank angle/timing (e.g., each separate malfunction criteria. OBD system must detect a malfunction injection timing too advanced or too (E) Fuel system feedback control. See when the system has reached its control retarded) necessary to maintain an paragraph (i)(6) of this section. limits such that the commanded fuel engine’s emissions at or below the (iii) Fuel system monitoring system pressure cannot be delivered. emissions thresholds for ‘‘other conditions. For model year 2010 to 2012 engines monitors’’ as shown in Table 1 of this (A) With the exceptions noted in this with a unit injector fuel system, this paragraph (g). For engines in which no paragraph for unit injector systems, the requirement may be met by conducting failure or deterioration of the fuel OBD system must monitor continuously a functional check of the fuel system injection timing could result in an for malfunctions identified in pressure control in lieu of monitoring engine’s emissions exceeding the paragraphs (g)(1)(ii)(A) and (g)(1)(ii)(E) for conditions that could cause an applicable emissions thresholds, the of this section. For 2010 through 2012

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unit injector systems, where functional quality (e.g., for use in engines with equivalent timeliness in detection of monitoring is done in lieu of emission homogeneous charge compression malfunctions. threshold monitoring for malfunctions ignition (HCCI) control systems), the (C) For model years 2013 and later, on identified in paragraph (g)(1)(ii)(A) of OBD system must detect a misfire engines equipped with sensors that can this section, the manufacturer must malfunction causing emissions to detect combustion or combustion define the monitoring conditions in exceed the applicable thresholds for quality the OBD system must monitor accordance with paragraphs (c) and (d) ‘‘other monitors’’ shown in Table 1 of continuously for engine misfire under of this section. For 2013 and later unit this paragraph (g). To determine what all positive torque engine speed and injector systems, the manufacturer must level of misfire would cause emissions load conditions. If a monitoring system define the monitoring conditions for to exceed the applicable emissions cannot detect all misfire patterns under malfunctions identified in paragraph thresholds, the manufacturer must all required engine speed and load (g)(1)(ii)(A) of this section in accordance determine the percentage of misfire conditions, the manufacturer may with paragraphs (c) and (d) of this evaluated in 1,000 revolution request that the Administrator approve section, with the exception that increments that would cause emissions the monitoring system nonetheless. In monitoring must occur every time the from an emission durability evaluating the manufacturer’s request, monitoring conditions are met during demonstration engine to exceed the the Administrator will consider the the drive cycle rather than once per emissions thresholds if the percentage following factors: the magnitude of the drive cycle as required in paragraph of misfire were present from the region(s) in which misfire detection is (c)(2) of this section. beginning of the test. To establish this limited; the degree to which misfire (B) For 2010 through 2012, the percentage of misfire, the manufacturer detection is limited in the region(s) (i.e., manufacturer must define the must use misfire events occurring at the probability of detection of misfire monitoring conditions for malfunctions equally spaced, complete engine cycle events); the frequency with which said identified in paragraphs (g)(1)(ii)(B), intervals, across randomly selected region(s) are expected to be encountered (g)(1)(ii)(C), and (g)(1)(ii)(D) of this cylinders throughout each 1,000- in-use; the type of misfire patterns for section in accordance with paragraphs revolution increment. If this percentage which misfire detection is troublesome; (c) and (d) of this section. For 2013 and of misfire is determined to be lower and demonstration that the monitoring later, the manufacturer must define the than one percent, the manufacturer may technology employed is not inherently monitoring conditions in accordance set the malfunction criteria at one incapable of detecting misfire under with paragraphs (c) and (d) of this percent. Any misfire malfunction must required conditions (i.e., compliance section, with the exception that be detected if the percentage of misfire can be achieved on other engines). The monitoring must occur every time the established via this testing is exceeded evaluation will be based on the monitoring conditions are met during regardless of the pattern of misfire following misfire patterns: equally the drive cycle rather than once per events (e.g., random, equally spaced, spaced misfire occurring on randomly drive cycle as required in paragraph continuous). The manufacturer may selected cylinders; single cylinder (c)(2) of this section. employ other revolution increments continuous misfire; and, paired cylinder (iv) Fuel system MIL activation and besides the 1,000 revolution increment. (cylinders firing at the same crank DTC storage. The MIL must activate and To do so, the manufacturer must angle) continuous misfire. DTCs must be stored according to the demonstrate that the strategy is equally (iv) Engine misfire MIL activation and provisions of paragraph (b) of this effective and timely in detecting misfire. DTC storage. section. (iii) Engine misfire monitoring (A) General requirements for MIL (2) Engine misfire monitoring. conditions. activation and DTC storage are set forth (i) General. The OBD system must (A) The OBD system must monitor for in paragraph (b) of this section. monitor the engine for misfire causing engine misfire during engine idle (B) For model years 2013 and later, on excess emissions. conditions at least once per drive cycle engines equipped with sensors that can (ii) Engine misfire malfunction in which the monitoring conditions for detect combustion or combustion criteria. misfire are met. The manufacturer must quality, upon detection of the (A) The OBD system must be capable be able to demonstrate via engineering percentage of misfire specified in of detecting misfire occurring in one or analysis and/or data that the self- paragraph (g)(2)(ii)(B) of this section, the more cylinders. To the extent possible defined monitoring conditions: are following criteria shall apply for MIL without adding hardware for this technically necessary to ensure robust activation and DTC storage: A pending specific purpose, the OBD system must detection of malfunctions (e.g., avoid DTC must be stored no later than after also identify the specific misfiring false passes and false detection of the fourth exceedance of the percentage cylinder. If more than one cylinder is malfunctions); require no more than of misfire specified in paragraph misfiring continuously, or if more than 1000 cumulative engine revolutions; (g)(2)(ii) of this section during a single one but less than half of the cylinders and, do not require any single drive cycle; if a pending fault code has are misfiring continuously (if the continuous idle operation of more than been stored, the OBD system must manufacturer can demonstrate the 15 seconds to make a determination that activate the MIL and store a MIL-on robustness of their monitor to the a malfunction is present (e.g., a decision DTC within 10 seconds if the percentage approval of the Administrator), a can be made with data gathered during of misfire specified in paragraph separate DTC must be stored indicating several idle operations of 15 seconds or (g)(2)(ii) of this section is again that multiple cylinders are misfiring. less); or, satisfy the requirements of exceeded four times during the drive When identifying multiple cylinder paragraph (c) of this section with cycle immediately following storage of misfire, the OBD system is not required alternative engine operating conditions. the pending DTC, regardless of the to identify individually through (B) Manufacturers may employ conditions encountered during the drive separate DTCs each of the continuously alternative monitoring conditions (e.g., cycle, or on the next drive cycle in misfiring cylinders. off-idle) provided the manufacturer is which similar conditions are (B) For model years 2013 and later, on able to demonstrate that the alternative encountered to those that were engines equipped with sensors that can monitoring ensure equivalent robust occurring when the pending DTC was detect combustion or combustion detection of malfunctions and stored. Similar conditions means an

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engine speed within 375 rpm, engine (A) EGR low flow. The OBD system system has no detectable amount of EGR load within 20 percent, and the same must detect a malfunction of the EGR cooling. warm up status (i.e., cold or hot). The system prior to a decrease from the (iii) EGR system monitoring Administrator may approve other manufacturer’s specified EGR flow rate conditions. definitions of similar conditions based that would cause an engine’s emissions (A) The OBD system must monitor on comparable timeliness and reliability to exceed the emissions thresholds for continuously for malfunctions in detecting similar engine operation. ‘‘other monitors’’ as shown in Table 1 of identified in paragraphs (g)(3)(ii)(A), The pending DTC may be erased at the this paragraph (g). For engines in which (g)(3)(ii)(B), and (g)(3)(ii)(D) of this end of the next drive cycle in which no failure or deterioration of the EGR section. similar conditions are encountered to system that causes a decrease in flow (B) The manufacturer must define the those that were occurring when the could result in an engine’s emissions monitoring conditions for malfunctions pending DTC was stored provided the exceeding the applicable emissions identified in paragraph (g)(3)(ii)(C) of specified percentage of misfire was not thresholds, the OBD system must detect this section in accordance with again exceeded. The pending DTC may a malfunction when the system has paragraphs (c) and (d) of this section, also be erased if similar conditions are reached its control limits such that it with the exception that monitoring must not encountered during the 80 drive cannot increase EGR flow to achieve the occur every time the monitoring cycles immediately following initial commanded flow rate. conditions are met during the drive detection of the malfunction. (B) EGR high flow. The OBD system cycle rather than once per drive cycle as (C) For model years 2013 and later, on must detect a malfunction of the EGR required in paragraph (c)(2) of this engines equipped with sensors that can system, including a leaking EGR valve section. For purposes of tracking and detect combustion or combustion (i.e., exhaust gas flowing through the reporting as required in paragraph (d)(1) quality, the OBD system must store and valve when the valve is commanded of this section, all monitors used to erase freeze frame conditions either in closed) prior to an increase from the detect malfunctions identified in conjunction with storing and erasing a manufacturer’s specified EGR flow rate paragraph (g)(3)(ii)(C) of this section pending DTC or in conjunction with that would cause an engine’s emissions must be tracked separately but reported storing and erasing a MIL-on DTC. If to exceed the emissions thresholds for as a single set of values as specified in freeze frame conditions are stored for a ‘‘other monitors’’ as shown in Table 1 of paragraph (e)(1)(iii) of this section. (C) The manufacturer must define the malfunction other than a misfire this paragraph (g). For engines in which monitoring conditions for malfunctions malfunction when a DTC is stored as no failure or deterioration of the EGR identified in paragraph (g)(3)(ii)(E) of specified in paragraph (g)(2)(iv)(B) of system that causes an increase in flow this section in accordance with this section, the stored freeze frame could result in an engine’s emissions paragraphs (c) and (d) of this section. information must be replaced with the exceeding the applicable emissions For purposes of tracking and reporting freeze frame information regarding the thresholds, the OBD system must detect as required in paragraph (d)(1) of this misfire malfunction. a malfunction when the system has reached its control limits such that it section, all monitors used to detect (D) For model years 2013 and later, on cannot reduce EGR flow to achieve the malfunctions identified in paragraph engines equipped with sensors that can commanded flow rate. (g)(3)(ii)(E) of this section must be detect combustion or combustion (C) EGR slow response. The OBD tracked separately but reported as a quality, upon detection of misfire system must detect a malfunction of the single set of values as specified in according to paragraph (g)(2)(iv)(B) of EGR system prior to any failure or paragraph (e)(1)(iii) of this section. this section, the OBD system must also deterioration in the capability of the (D) The manufacturer may request store the following engine conditions: EGR system to achieve the commanded Administrator approval to disable engine speed, load, and warm up status flow rate within a manufacturer- temporarily the EGR system monitor(s) of the first misfire event that resulted in specified time that would cause an under specific ambient conditions (e.g., the storage of the pending DTC. engine’s emissions to exceed the when freezing may affect performance (E) For model years 2013 and later, on emissions thresholds for ‘‘other of the system) or during specific engines equipped with sensors that can monitors’’ as shown in Table 1 of this operating conditions (e.g., transients, detect combustion or combustion paragraph (g). The OBD system must extreme low or high flow conditions). quality, the MIL may be deactivated monitor both the capability of the EGR The manufacturer must be able to after three sequential drive cycles in system to respond to a commanded demonstrate via data or engineering which similar conditions have been increase in flow and the capability of analysis that a reliable system monitor encountered without an exceedance of the EGR system to respond to a cannot be run when these conditions the specified percentage of misfire. commanded decrease in flow. exist because it cannot robustly (3) EGR system monitoring. (D) EGR system feedback control. See distinguish between a malfunctioning (i) General. The OBD system must paragraph (i)(6) of this section. system and a properly operating system. monitor the EGR system on engines so (E) EGR cooler performance. The OBD The manufacturer is still required to equipped for low flow rate, high flow system must detect a malfunction of the maintain comprehensive component rate, and slow response malfunctions. EGR cooler prior to a reduction from the monitoring as required in paragraph For engines equipped with EGR coolers manufacturer’s specified cooling (i)(3) of this section. (e.g., heat exchangers), the OBD system performance that would cause an (iv) EGR system MIL activation and must monitor the cooler for insufficient engine’s emissions to exceed the DTC storage. The MIL must activate and cooling malfunctions. The individual emissions thresholds for ‘‘other DTCs must be stored according to the electronic components (e.g., actuators, monitors’’ as shown in Table 1 of this provisions of paragraph (b) of this valves, sensors) that are used in the EGR paragraph (g). For engines in which no section. system must be monitored in failure or deterioration of the EGR (4) Turbo boost control system accordance with the comprehensive cooler could result in an engine’s monitoring. component requirements in paragraph emissions exceeding the applicable (i) General. The OBD system must (i)(3) of this section. emissions thresholds, the OBD system monitor the boost pressure control (ii) EGR system malfunction criteria. must detect a malfunction when the system (e.g., turbocharger) on engines so

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equipped for under and over boost paragraph (g). For engines in which no monitor(s) during specific operating malfunctions. For engines equipped failure or deterioration of the VGT conditions (e.g., transients, extreme low with variable geometry turbochargers system response could result in an or high flow conditions). The (VGT), the OBD system must monitor engine’s emissions exceeding the manufacturer must be able to the VGT system for slow response applicable emissions thresholds, the demonstrate via data or engineering malfunctions. For engines equipped OBD system must detect a malfunction analysis that a reliable system monitor with charge air cooler systems, the OBD of the VGT system when proper cannot be run when these conditions system must monitor the charge air functional response of the system to exist because it cannot robustly cooler system for cooling system computer commands does not occur. distinguish between a malfunctioning performance malfunctions. The (D) Turbo boost feedback control. See system and a properly operating system. individual electronic components (e.g., paragraph (i)(6)of this section. The manufacturer is still required to actuators, valves, sensors) that are used (E) Charge air undercooling. The OBD maintain comprehensive component in the boost pressure control system system must detect a malfunction of the monitoring as required in paragraph must be monitored in accordance with charge air cooling system prior to a (i)(3) of this section. the comprehensive component decrease from the manufacturer’s (iv) Turbo boost system MIL activation requirements in paragraph (i)(3) of this specified cooling rate that would cause and DTC storage. The MIL must activate section. an engine’s emissions to exceed the and DTCs must be stored according to (ii) Turbo boost control system emissions thresholds for ‘‘other the provisions of paragraph (b) of this malfunction criteria. monitors’’ as shown in Table 1 of this section. (A) Turbo underboost. The OBD paragraph (g). For engines in which no (5) NMHC converting catalyst system must detect a malfunction of the failure or deterioration of the charge air monitoring. boost pressure control system prior to a cooling system that causes a decrease in (i) General. The OBD system must decrease from the manufacturer’s cooling performance could result in an monitor the NMHC converting commanded boost pressure, or expected engine’s emissions exceeding the catalyst(s) for proper NMHC conversion boost pressure on engines not equipped applicable emissions thresholds, the capability. For purposes of this with a boost pressure control system, OBD system must detect a malfunction paragraph (g)(5), each catalyst that that would cause an engine’s emissions when the system has no detectable converts NMHC must be monitored to exceed the emissions thresholds for amount of charge air cooling. either individually or in combination ‘‘other monitors’’ as shown in Table 1 of (iii) Turbo boost monitoring with others. For purposes of this this paragraph (g). For engines in which conditions. paragraph (g)(5), NMHC conversion that no failure or deterioration of the boost (A) The OBD system must monitor may occur over the DPF or other pressure control system that causes a continuously for malfunctions aftertreatment devices is not included. decrease in boost could result in an identified in paragraphs (g)(4)(ii)(A), (ii) NMHC converting catalyst engine’s emissions exceeding the (g)(4)(ii)(B), and (g)(4)(ii)(D) of this malfunction criteria. applicable emissions thresholds, the section. (A) NMHC converting catalyst OBD system must detect a malfunction (B) The manufacturer must define the conversion efficiency. The OBD system when the system has reached its control monitoring conditions for malfunctions must detect a malfunction when the limits such that it cannot increase boost identified in paragraph (g)(4)(ii)(C) of catalyst has no detectable amount of to achieve the commanded boost this section in accordance with NMHC conversion capability. pressure. paragraphs (c) and (d) of this section, (B) NMHC converting catalyst (B) Turbo overboost. The OBD system with the exception that monitoring must aftertreatment assistance functions. For must detect a malfunction of the boost occur every time the monitoring catalysts used to generate an exotherm pressure control system on engines so conditions are met during the drive to assist DPF regeneration, the OBD equipped prior to an increase from the cycle rather than once per drive cycle as system must detect a malfunction when manufacturer’s commanded boost required in paragraph (c)(2) of this the catalyst is unable to generate a pressure that would cause an engine’s section. For purposes of tracking and sufficient exotherm to achieve DPF emissions to exceed the emissions reporting as required in paragraph (d)(1) regeneration. In meeting this thresholds for ‘‘other monitors’’ as of this section, all monitors used to requirement, the OBD system must shown in Table 1 of this paragraph (g). detect malfunctions identified in detect a malfunction when the DOC is For engines in which no failure or paragraph (g)(4)(ii)(C) of this section unable to generate a temperature rise of deterioration of the boost pressure must be tracked separately but reported 100 degrees C, or to reach the necessary control system that causes an increase as a single set of values as specified in DPF regeneration temperature, within in boost could result in an engine’s paragraph (e)(1)(iii) of this section. 60 seconds of initiating an active DPF emissions exceeding the applicable (C) The manufacturer must define the regeneration. Further, the OBD system emissions thresholds, the OBD system monitoring conditions for malfunctions must detect a malfunction when the must detect a malfunction when the identified in paragraph (g)(4)(ii)(E) of DOC is unable to sustain the necessary system has reached its control limits this section in accordance with regeneration temperature for the such that it cannot decrease boost to paragraphs (c) and (d) of this section. duration of the regeneration event. The achieve the commanded boost pressure. For purposes of tracking and reporting OBD or control system must abort the (C) VGT slow response. The OBD as required in paragraph (d)(1) of this regeneration if the regeneration system must detect a malfunction prior section, all monitors used to detect temperature has not been reached to any failure or deterioration in the malfunctions identified in paragraph within five minutes of initiating an capability of the VGT system on engines (g)(4)(ii)(E) of this section must be active regeneration event, or if the so equipped to achieve the commanded tracked separately but reported as a regeneration temperature cannot be turbocharger geometry within a single set of values as specified in sustained for the duration of the manufacturer-specified time that would paragraph (e)(1)(iii) of this section. regeneration event. As an alternative to cause an engine’s emissions to exceed (D) The manufacturer may request these specific malfunction criteria, the the emissions thresholds for ‘‘other Administrator approval to disable manufacturer may employ different monitors’’ as shown in Table 1 of this temporarily the turbo boost system criteria. To do so, the manufacturer

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must submit a description with active/intrusive reductant injection separate from the fuel tank used for the supporting data, subject to system for proper performance. The engine, the OBD system must detect a Administrator approval, of their DPF individual electronic components (e.g., malfunction when an improper regeneration monitoring strategy. The actuators, valves, sensors, heaters, reductant is used in the reductant Administrator will consider the pumps) in the active/intrusive reductant reservoir/tank (e.g., the reductant tank is strategy’s equivalence to the specific injection system must be monitored in filled with something other than the criteria stated in this paragraph when accordance with the comprehensive reductant). considering the request. Also as an component requirements in paragraph (E) SCR and lean NOX catalyst active/ alternative to these specific malfunction (i)(3) of this section. For purposes of this intrusive reductant feedback control. criteria, the manufacturer may employ paragraph (g)(6), each catalyst that See paragraph (i)(6) of this section. an OBD monitor that detects a catalyst converts NOX must be monitored either (iii) SCR and lean NOX catalyst malfunction when the catalyst individually or in combination with monitoring conditions. conversion capability decreases to the others. (A) The manufacturers must define point that NMHC emissions exceed 2.5 (ii) SCR and lean NOX catalyst the monitoring conditions for times the applicable NMHC emission malfunction criteria. malfunctions identified in paragraphs standard but must adjust emission test (A) SCR and lean NOX catalyst (g)(6)(ii)(A) and (g)(6)(ii)(D) of this results pursuant to paragraph (f)(2) of conversion efficiency. The OBD system section in accordance with paragraphs this section. For catalysts located must detect a catalyst malfunction when (c) and (d) of this section. For purposes downstream of a DPF and used to the catalyst conversion capability of tracking and reporting as required in convert NMHC emissions during DPF decreases to the point that would cause paragraph (d)(1) of this section, all regeneration, the OBD system must an engine’s emissions to exceed the monitors used to detect malfunctions detect a malfunction when the catalyst emissions thresholds for NOX identified in paragraph (g)(6)(ii)(A) of has no detectable amount of NMHC aftertreatment systems as shown in this section must be tracked separately conversion capability unless the Table 1 of this paragraph (g). If no but reported as a single set of values as manufacturer can demonstrate that failure or deterioration of the catalyst specified in paragraph (e)(1)(iii) of this deterioration or malfunction of the NOX conversion capability could result section. catalyst will not result in emissions that in an engine’s emissions exceeding any (B) The OBD system must monitor exceed the applicable NMHC standard. of the applicable emissions thresholds, continuously for malfunctions (iii) NMHC converting catalyst the OBD system must detect a identified in paragraphs (g)(6)(ii)(B), monitoring conditions. The malfunction when the catalyst has no (g)(6)(ii)(C), and (g)(6)(ii)(E) of this manufacturer must define the detectable amount of NOX conversion section. monitoring conditions for malfunctions capability. (iv) SCR and lean NOX catalyst MIL identified in paragraphs (g)(5)(ii)(A) and (B) SCR and lean NOX catalyst active/ activation and DTC storage. (g)(5)(ii)(B) of this section in accordance intrusive reductant delivery (A) For malfunctions identified in with paragraphs (c) and (d) of this performance. The OBD system must paragraph (g)(6)(ii)(A) of this section, section. For purposes of tracking and detect a malfunction prior to any failure the MIL must activate and DTCs must be reporting as required in paragraph (d)(1) or deterioration of the system to stored according to the provisions of of this section, all monitors used to properly regulate reductant delivery paragraph (b) of this section. detect malfunctions identified in (e.g., urea injection, separate injector (B) For malfunctions identified in paragraphs (g)(5)(ii)(A) and (g)(5)(ii)(B) fuel injection, post injection of fuel, air paragraphs (g)(6)(ii)(B), (g)(6)(ii)(C), and of this section must be tracked assisted injection/mixing) that would (g)(6)(ii)(D) of this section, the separately but reported as a single set of cause an engine’s emissions to exceed manufacturer may delay activating the values as specified in paragraph any of the applicable emissions MIL if the vehicle is equipped with an (e)(1)(iii) of this section. thresholds for NOX aftertreatment alternative indicator for notifying the (iv) NMHC converting catalyst MIL systems as shown in Table 1 of this vehicle operator of the malfunction. The activation and DTC storage. The MIL paragraph (g). If no failure or alternative indicator must be of must activate and DTCs must be stored deterioration of the reductant delivery sufficient illumination and be located according to the provisions of paragraph system could result in an engine’s such that it is readily visible to the (b) of this section. The monitoring emissions exceeding any of the vehicle operator under all lighting method for the NMHC converting applicable thresholds, the OBD system conditions. If the vehicle is not catalyst(s) must be capable of detecting must detect a malfunction when the equipped with such an alternative all instances, except diagnostic self- system has reached its control limits indicator and the OBD MIL activates, clearing, when a catalyst DTC has been such that it is no longer able to deliver the MIL may be immediately erased but the catalyst has not been the desired quantity of reductant. deactivated and the corresponding replaced (e.g., catalyst over-temperature (C) SCR and lean NOX catalyst active/ DTC(s) erased once the OBD system has histogram approaches are not intrusive reductant quantity. If the SCR verified that the reductant tank has been acceptable). or lean NOX catalyst system uses a refilled properly and the MIL has not (6) Selective catalytic reduction (SCR) reductant other than the fuel used for been activated for any other and lean NOX catalyst monitoring. the engine, or uses a reservoir/tank for malfunction. The Administrator may (i) General. The OBD system must the reductant that is separate from the approve other strategies that provide monitor the SCR and/or the lean NOX fuel tank used for the engine, the OBD equivalent assurance that a vehicle converting catalyst(s) for proper system must detect a malfunction when operator would be promptly notified conversion capability. For engines there is no longer sufficient reductant and that corrective action would be equipped with SCR systems or other available (e.g., the reductant tank is taken. catalyst systems that use an active/ empty). (C) The monitoring method for the intrusive reductant injection (e.g., active (D) SCR and lean NOX catalyst active/ SCR and lean NOX catalyst(s) must be lean NOX catalysts that use diesel fuel intrusive reductant quality. If the SCR or capable of detecting all instances, post-injection or in-exhaust injection), lean NOX catalyst system uses a except diagnostic self-clearing, when a the OBD system must monitor the reservoir/tank for the reductant that is catalyst DTC(s) has been erased but the

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catalyst has not been replaced (e.g., malfunctions identified in paragraph the detectable change in pressure drop catalyst over-temperature histogram (g)(7)(ii)(A) of this section must be is determined by operating the engine at approaches are not acceptable). tracked separately but reported as a the B50 engine speed and load point (as (7) NOX adsorber system monitoring. single set of values as specified in described in the SET test procedures), (i) General. The OBD system must paragraph (e)(1)(iii) of this section. observing the pressure drop on a clean, monitor the NOX adsorber on engines (B) The OBD system must monitor nominal DPF, and multiplying the so-equipped for proper performance. continuously for malfunctions observed pressure drop by 0.5 or other For engines equipped with active/ identified in paragraphs (g)(7)(ii)(B) and factor supported by data and approved intrusive injection (e.g., in-exhaust fuel (g)(7)(ii)(C) of this section. by the Administrator. The detectable and/or air injection) to achieve (iv) NOX adsorber system MIL change in pressure drop shall be desorption of the NOX adsorber, the activation and DTC storage. The MIL reported in units of kilopascals (kPa). At OBD system must monitor the active/ must activate and DTCs must be stored time of certification, manufacturers intrusive injection system for proper according to the provisions of paragraph shall provide the detectable change in performance. The individual electronic (b) of this section. pressure drop value along with OBD components (e.g., injectors, valves, (8) Diesel particulate filter (DPF) data stream parameters recorded with a sensors) that are used in the active/ system monitoring. clean DPF under the following nine intrusive injection system must be (i) General. The OBD system must engine speed/load operating points of monitored in accordance with the monitor the DPF on engines so- the SET: A50, A75, A100, B50, B75, equipped for proper performance. For comprehensive component B100, C50, C75, and C100. The OBD engines equipped with active requirements in paragraph (i)(3) of this data stream pararmeters to be reported regeneration systems that use an active/ section. are described in (k)(4)(ii) of this section intrusive injection (e.g., in-exhaust fuel (ii) NOX adsorber system malfunction and shall include the following: Engine injection, in-exhaust fuel/air burner), criteria. speed; calculated load; air flow rate (A) NO adsorber system capability. the OBD system must monitor the X from mass air flow sensor (if so The OBD system must detect a NO active/intrusive injection system for X equipped); fuel rate; and DPF delta adsorber malfunction when its proper performance. The individual pressure. capability (i.e., its combined adsorption electronic components (e.g., injectors, and conversion capability) decreases to valves, sensors) that are used in the (B) DPF regeneration frequency. The the point that would cause an engine’s active/intrusive injection system must OBD system must detect a malfunction NOX emissions to exceed the emissions be monitored in accordance with the when the DPF regeneration frequency thresholds for NOX aftertreatment comprehensive component increases from (i.e., occurs more often systems as shown in Table 1 of this requirements in paragraph (i)(3) of this than) the manufacturer’s specified paragraph (g). If no failure or section. regeneration frequency to a level such deterioration of the NOX adsorber (ii) DPF system malfunction criteria. that it would cause an engine’s NMHC capability could result in an engine’s (A) DPF filtering performance. The emissions to exceed the emissions OBD system must detect a malfunction NOX emissions exceeding the applicable threshold for DPF systems as shown in emissions thresholds, the OBD system prior to a decrease in the PM filtering Table 1 of this paragraph (g). If no such must detect a malfunction when the capability of the DPF (e.g., cracking, regeneration frequency exists that could system has no detectable amount of melting, etc.) that would cause an cause NMHC emissions to exceed the engine’s PM emissions to exceed the NOX adsorber capability. applicable emission threshold, the OBD (B) NOX adsorber system active/ emissions thresholds for DPF systems as system must detect a malfunction when intrusive reductant delivery shown in Table 1 of this paragraph (g). the DPF regeneration frequency exceeds performance. For NOX adsorber systems If no failure or deterioration of the PM the manufacturer’s specified design that use active/intrusive injection (e.g., filtering performance could result in an limits for allowable regeneration in-cylinder post fuel injection, in- engine’s PM emissions exceeding the frequency. exhaust air-assisted fuel injection) to applicable emissions thresholds, the (C) DPF incomplete regeneration. The OBD system must detect a malfunction achieve desorption of the NOX adsorber, OBD system must detect a regeneration the OBD system must detect a when no detectable amount of PM malfunction when the DPF does not malfunction if any failure or filtering occurs. As an alternative to a properly regenerate under deterioration of the injection system’s threshold monitor, the OBD system, on manufacturer-defined conditions where ability to properly regulate injection model year 2010 through 2012 engines regeneration is designed to occur. causes the system to be unable to only, can be designed to detect a (D) DPF missing substrate. The OBD achieve desorption of the NO adsorber. malfunction based on a detectable X system must detect a malfunction if (C) NO adsorber system feedback decrease in the expected pressure drop X either the DPF substrate is completely control. Malfunction criteria for the across the DPF for a period of 5 seconds destroyed, removed, or missing, or if the NO adsorber and the NO adsorber or more. The monitoring area for this X X DPF assembly has been replaced with a active/instrusive reductant delivery alternative is determined using engine muffler or straight pipe. system are contained in paragraph (i)(6) speed and load points defined in test of this section. cycles and procedures for the (E) DPF system active/intrusive (iii) NOX adsorber system monitoring supplemental emissions test (SET) injection. For DPF systems that use conditions. under § 86.1360–2007. The monitoring active/intrusive injection (e.g., in- (A) The manufacturer must define the area shall include all engine speed and cylinder post fuel injection, in-exhaust monitoring conditions for malfunctions load points greater than a region air-assisted fuel injection) to achieve identified in paragraph (g)(7)(ii)(A) of bounded by a line connecting mode regeneration of the DPF, the OBD this section in accordance with numbers 2, 6, 3, and 13 (i.e. A100, A75, system must detect a malfunction if any paragraphs (c) and (d) of this section. B50, and C50). At engine speeds greater failure or deterioration of the injection For purposes of tracking and reporting than ‘‘speed C’’, the monitor shall run system’s ability to properly regulate as required in paragraph (d)(1) of this whenever engine load is greater than injection causes the system to be unable section, all monitors used to detect 50%. For purposes of this paragraph, to achieve regeneration of the DPF.

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(F) DPF regeneration feedback current, response rate, amplitude, offset, or other characteristic(s) that would control. See paragraph (i)(6) of this or other characteristic(s) that would cause an engine’s emissions to exceed section. cause an engine’s emissions to exceed the emissions thresholds for NOX (iii) DPF monitoring conditions. The the emissions thresholds for ‘‘other sensors as shown in Table 1 of this manufacturer must define the monitors’’ as shown in Table 1 of this paragraph (g). monitoring conditions for malfunctions paragraph (g). (B) Circuit integrity. The OBD system identified in paragraph (g)(8)(ii) of this (B) Circuit integrity. The OBD system must detect malfunctions of the sensor section in accordance with paragraphs must detect malfunctions of the sensor related to a lack of circuit continuity or (c) and (d) of this section, with the related to a lack of circuit continuity or signal out-of-range values. exception that monitoring must occur signal out-of-range values. (C) Feedback function. The OBD every time the monitoring conditions (C) Feedback function. The OBD system must detect a malfunction of the are met during the drive cycle rather system must detect a malfunction of the sensor if the emission control system than once per drive cycle as required in sensor if the emission control system (e.g., EGR, SCR, or NOX adsorber) is paragraph (c)(2) of this section. For OBD (e.g., EGR, SCR, or NOX adsorber) is unable to use that sensor as a feedback systems designed to the alternative unable to use that sensor as a feedback input (e.g., causes limp-home or open- malfunction criteria of paragraph input (e.g., causes limp-home or open- loop operation). (g)(8)(ii)(A) of this section, the loop operation). (D) Monitoring function. To the extent alternative DPF monitor shall run (D) Monitoring function. To the extent feasible, the OBD system must detect a continuously whenever engine speed feasible, the OBD system must detect a malfunction of the sensor when the and load conditions are within the malfunction of the sensor when the sensor output voltage, resistance, monitoring area described in paragraph sensor output voltage, resistance, impedance, current, amplitude, activity, (g)(8)(ii)(A). The OBD system may make impedance, current, amplitude, activity, offset, or other characteristics are no a malfunction or potential malfunction offset, or other characteristics are no longer sufficient for use as an OBD determination during any successful longer sufficient for use as an OBD system monitoring device (e.g., for monitoring event but shall include in system monitoring device (e.g., for catalyst, EGR, SCR, or NOX adsorber the enable criteria of any subsequent catalyst, EGR, SCR, or NOX adsorber monitoring). monitoring events a confirmed monitoring). (v) Malfunction criteria for other successful and complete DPF (iii) Malfunction criteria for air-fuel exhaust gas sensors. For other exhaust regeneration. The subsequent ratio sensors located downstream of gas sensors, the manufacturer must monitoring events must be conducted aftertreatment devices. submit a monitoring plan to the within an operating period that ensures (A) Sensor performance. The OBD Administrator for approval. The plan that the detected malfunction has not system must detect a malfunction prior must include data and/or engineering ‘‘healed’’ due to trapped particulates in to any failure or deterioration of the evaluations that demonstrate that the the compromised portion of the DPF sensor voltage, resistance, impedance, monitoring plan is as reliable and substrate. For purposes of tracking and current, response rate, amplitude, offset, effective as the monitoring required in reporting as required in paragraph (d)(1) or other characteristic(s) that would paragraphs (g)(9)(ii), (g)(9)(iii), (g)(9)(iv) of this section, all monitors used to cause an engine’s emissions to exceed of this section. detect malfunctions identified in the emissions thresholds for air-fuel (vi) Malfunction criteria for exhaust paragraph (g)(8)(ii) of this section must ratio sensors downstream of gas sensor heaters. be tracked separately but reported as a aftertreatment devices as shown in (A) The OBD system must detect a single set of values as specified in Table 1 of this paragraph (g). malfunction of the heater performance paragraph (e)(1)(iii) of this section. (B) Circuit integrity. The OBD system when the current or voltage drop in the (iv)DPF system MIL activation and must detect malfunctions of the sensor heater circuit is no longer within the DTC storage. The MIL must activate and related to a lack of circuit continuity or manufacturer’s specified limits for DTCs must be stored according to the signal out-of-range values. normal operation (i.e., within the provisions of paragraph (b) of this (C) Feedback function. The OBD criteria required to be met by the section. system must detect a malfunction of the component vendor for heater circuit (9) Exhaust gas sensor and sensor sensor if the emission control system performance at high mileage). The heater monitoring. (e.g., EGR, SCR, or NOX absorber) is manufacturer may use other (i) General. The OBD system must unable to use that sensor as a feedback malfunction criteria for heater monitor for proper output signal, input (e.g., causes limp-home or open- performance malfunctions. To do so, the activity, response rate, and any other loop operation). manufacturer must be able to parameter that can affect emissions, all (D) Monitoring function. To the extent demonstrate via data and/or an exhaust gas sensors (e.g., oxygen, air- feasible, the OBD system must detect a engineering evaluation that the monitor fuel ratio, NOX) used for emission malfunction of the sensor when the is reliable and robust. control system feedback (e.g., EGR sensor output voltage, resistance, (B) The OBD system must detect control/feedback, SCR control/feedback, impedance, current, amplitude, activity, malfunctions of the heater circuit NOX adsorber control/feedback) and/or offset, or other characteristics are no including open or short circuits that as a monitoring device. For engines longer sufficient for use as an OBD conflict with the commanded state of equipped with heated exhaust gas system monitoring device (e.g., for the heater (e.g., shorted to 12 Volts sensors, the OBD system must monitor catalyst, EGR, SCR, or NOX absorber when commanded to 0 Volts (ground)). the heater for proper performance. monitoring). (vii) Monitoring conditions for (ii) Malfunction criteria for air-fuel (iv) Malfunction criteria for NOX exhaust gas sensors. ratio sensors located upstream of sensors. (A) The manufacturer must define the aftertreatment devices. (A) Sensor performance. The OBD monitoring conditions for malfunctions (A)Sensor performance. The OBD system must detect a malfunction prior identified in paragraphs (g)(9)(ii)(A), system must detect a malfunction prior to any failure or deterioration of the (g)(9)(iii)(A), and (g)(9)(iv)(A) of this to any failure or deterioration of the sensor voltage, resistance, impedance, section (i.e., sensor performance) in sensor voltage, resistance, impedance, current, response rate, amplitude, offset, accordance with paragraphs (c) and (d)

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of this section. For purposes of tracking (viii) Monitoring conditions for emissions to exceed the emission and reporting as required in paragraph exhaust gas sensor heaters. thresholds for ‘‘other monitors’’ as (d)(1) of this section, all monitors used (A) The manufacturer must define shown in Table 1 of this paragraph (g). to detect malfunctions identified in monitoring conditions for malfunctions (C) For engines in which no failure or paragraphs (g)(9)(ii)(A), (g)(9)(iii)(A), identified in paragraph (g)(9)(vi)(A) of deterioration of the VVT system could and (g)(9)(iv)(A) of this section must be this section (i.e., sensor heater result in an engine’s emissions tracked separately but reported as a performance) in accordance with exceeding the applicable emissions single set of values as specified in paragraphs (c) and (d) of this section. thresholds of paragraphs (g)(10)(ii)(A) (B) The OBD system must monitor paragraph (e)(1)(iii) of this section. and (g)(10)(ii)(B) of this section, the continuously for malfunctions OBD system must detect a malfunction (B) The manufacturer must define the identified in paragraph (g)(9)(vi)(B) of of the VVT system when proper monitoring conditions for malfunctions this section (i.e., circuit malfunctions). identified in paragraphs (g)(9)(ii)(D), (ix) Exhaust gas sensor and sensor functional response of the system to (g)(9)(iii)(D), and (g)(9)(iv)(D) of this heater MIL activation and DTC storage. computer commands does not occur. section (i.e., monitoring function) in The MIL must activate and DTCs must (iii) VVT system monitoring accordance with paragraphs (c) and (d) be stored according to the provisions of conditions. Manufacturers must define of this section with the exception that paragraph (b) of this section. the monitoring conditions for VVT monitoring must occur every time the (10) Variable Valve Timing (VVT) system malfunctions identified in monitoring conditions are met during system monitoring. paragraph (g)(10)(ii) of this section in the drive cycle rather than once per (i) General. The OBD system must accordance with paragraphs (c) and (d) drive cycle as required in paragraph monitor the VVT system on engines so of this section, with the exception that (c)(2) of this section. equipped for target error and slow monitoring must occur every time the (C) Except as provided for in response malfunctions. The individual monitoring conditions are met during paragraph (g)(9)(vii)(D) of this section, electronic components (e.g., actuators, the drive cycle rather than once per the OBD system must monitor valves, sensors) that are used in the VVT drive cycle as required in paragraph continuously for malfunctions system must be monitored in (c)(2) of this section. For purposes of identified in paragraphs (g)(9)(ii)(B), accordance with the comprehensive tracking and reporting as required in (g)(9)(ii)(C), (g)(9)(iii)(B), (g)(9)(iii)(C), components requirements in paragraph paragraph (d)(1) of this section, all (g)(9)(iv)(B), (g)(9)(iv)(C) of this section (i)(3) of this section. monitors used to detect malfunctions (ii) VVT system malfunction criteria. identified in paragraph (g)(10)(ii) of this (i.e., circuit integrity and feedback (A) VVT system target error. The OBD function). section must be tracked separately but system must detect a malfunction prior reported as a single set of values as (D) A manufacturer may request to any failure or deterioration in the specified in paragraph (e)(1)(iii) of this approval to disable continuous exhaust capability of the VVT system to achieve section. gas sensor monitoring when an exhaust the commanded valve timing and/or gas sensor malfunction cannot be control within a crank angle and/or lift (iv) VVT MIL activation and DTC distinguished from other effects (e.g., tolerance that would cause an engine’s storage. The MIL must activate and disable monitoring for out-of-range on emissions to exceed the emission DTCs must be stored according to the the low side during fuel cut conditions). thresholds for ‘‘other monitors’’ as provisions of paragraph (b) of this To do so, the manufacturer must shown in Table 1 of this paragraph (g). section. demonstrate via data and/or engineering (B) VVT slow response. The OBD (h) OBD monitoring requirements for analyses that a properly functioning system must detect a malfunction prior gasoline-fueled/spark-ignition engines. sensor cannot be distinguished from a to any failure or deterioration in the The following table shows the malfunctioning sensor and that the capability of the VVT system to achieve thresholds at which point certain disablement interval is limited only to the commanded valve timing and/or components or systems, as specified in that necessary for avoiding false control within a manufacturer-specified this paragraph (h), are considered malfunction detection. time that would cause an engine’s malfunctioning.

TABLE 2—OBD EMISSIONS THRESHOLDS FOR GASOLINE-FUELED/SPARK-IGNITION ENGINES MEANT FOR PLACEMENT IN APPLICATIONS GREATER THAN 14,000 POUNDS GVWR (G/BHP-HR)

Component NOX NMHC CO §86.010–18 reference

Catalyst system ...... 1.75x std ...... 1.75x std ...... (h)(6) Evaporative emissions control sys- ...... 0.150 inch leak ...... (h)(7) tem. ‘‘Other monitors’’ with emissions 1.5x std ...... 1.5x std ...... 1.5x std ...... (h)(1), (h)(2), (h)(3), thresholds. (h)(4), (h)(5), (h)(8), (h)(9) Notes: 1.75x std means a multiple of 1.75 times the applicable emissions standard; these emissions thresholds apply to the monitoring require- ments of paragraph (h) of this section; The evaporative emissions control system threshold is not, technically, an emissions threshold but rather a leak size that must be detected; nonetheless, for ease we refer to this as the threshold.

(1) Fuel system monitoring. (A) The OBD system must detect a emissions thresholds for ‘‘other (i) General. The OBD system must malfunction of the fuel delivery system monitors’’ as shown in Table 2 of this monitor the fuel delivery system to (including feedback control based on a paragraph (h). determine its ability to provide secondary oxygen sensor) when the fuel (B) Except as provided for in compliance with emission standards. delivery system is unable to maintain an paragraph (h)(1)(ii)(C) of this section, if (ii) Fuel system malfunction criteria. engine’s emissions at or below the the engine is equipped with adaptive

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feedback control, the OBD system must timeliness and reliability in detecting individually have more than 10 percent detect a malfunction when the adaptive similar engine operation. of the total number of detected misfires, feedback control has used up all of the (C) The pending DTC may be erased a multiple cylinder DTC must be stored. adjustment allowed by the at the end of the next drive cycle in (ii) Engine misfire malfunction manufacturer. which similar conditions have been criteria. (C) If the engine is equipped with encountered without having again (A) Misfire causing catalyst damage. feedback control that is based on a exceeded the specified fuel system The manufacturer must determine the secondary oxygen (or equivalent) malfunction criteria. The pending DTC percentage of misfire evaluated in 200 sensor, the OBD system is not required may also be erased if similar conditions revolution increments for each engine to detect a malfunction of the fuel are not encountered during the 80 drive speed and load condition that would system solely when the feedback control cycles immediately following detection result in a temperature that causes based on a secondary oxygen sensor has of the potential malfunction for which catalyst damage. If this percentage of used up all of the adjustment allowed the pending DTC was stored. misfire is exceeded, it shall be by the manufacturer. However, if a (D) Storage of freeze frame conditions. considered a malfunction that must be failure or deterioration results in engine The OBD system must store and erase detected. For every engine speed and emissions that exceed the emissions freeze frame conditions either in load condition for which this percentage thresholds for ‘‘other monitors’’ as conjunction with storing and erasing a of misfire is determined to be lower shown in Table 2 of this paragraph (h), pending DTC or in conjunction with than five percent, the manufacturer may the OBD system is required to detect a storing and erasing a MIL-on DTC. set the malfunction criteria at five malfunction. Freeze frame information associated percent. The manufacturer may use a (D) The OBD system must detect a with a fuel system malfunction shall be longer interval than 200 revolutions but malfunction whenever the fuel control stored in preference to freeze frame only for determining, on a given drive system fails to enter closed loop information required elsewhere in cycle, the first misfire exceedance as operation following engine start within paragraphs (h) or (i) of this section. provided in paragraph (h)(2)(iv)(A) of a manufacturer specified time interval. (E) Storage of fuel system conditions this section. To do so, the manufacturer must demonstrate that the interval is not The specified time interval must be for determining similar conditions of so long that catalyst damage would supported by data and/or engineering operation. The OBD must store the occur prior to the interval being elapsed. analyses submitted by the manufacturer. engine speed, load, and warm-up status present at the time it first detects a (B) Misfire causing emissions to (E) The manufacturer may adjust the exceed the applicable thresholds. The malfunction criteria and/or monitoring potential malfunction meeting the criteria of paragraph (h)(1)(ii) of this manufacturer must determine the conditions to compensate for changes in percentage of misfire evaluated in 1000 altitude, for temporary introduction of section and stores a pending DTC. (F) Deactivating the MIL. The MIL revolution increments that would cause large amounts of purge vapor, or for may be extinguished after three emissions from an emissions durability other similar identifiable operating sequential driving cycles in which demonstration engine to exceed the conditions when such conditions occur. similar conditions have been emissions thresholds for ‘‘other (iii) Fuel system monitoring encountered without detecting a monitors’’ as shown in Table 2 of this conditions. The fuel system must be malfunction of the fuel system. paragraph (h) if that percentage of monitored continuously for the (2) Engine misfire monitoring. misfire were present from the beginning presence of a malfunction. (i) General. of the test. If this percentage of misfire (iv) Fuel system MIL activation and (A) The OBD system must monitor the is exceeded, regardless of the pattern of DTC storage. engine for misfire causing catalyst misfire events (e.g., random, equally (A) A pending DTC must be stored damage and misfire causing excess spaced, continuous), it shall be immediately upon the fuel system emissions. considered a malfunction that must be exceeding the malfunction criteria (B) The OBD system must identify the detected. To establish this percentage of established in paragraph (h)(1)(ii) of this specific cylinder that is misfiring. The misfire, the manufacturer must use section. manufacturer may store a general misfire events occurring at equally (B) Except as provided for in misfire DTC instead of a cylinder spaced, complete engine cycle intervals, paragraph (h)(1)(iv)(C) of this section, if specific DTC under certain operating across randomly selected cylinders a pending DTC is stored, the OBD conditions. To do so, the manufacturer throughout each 1000-revolution system must activate the MIL must submit data and/or engineering increment. If this percentage of misfire immediately and store a MIL-on DTC if analyses that demonstrate that the is determined to be lower than one a malfunction is again detected during misfiring cylinder cannot be identified percent, the manufacturer may set the either the drive cycle immediately reliably when the conditions occur. malfunction criteria at one percent. The following storage of the pending DTC (C) If more than one cylinder is manufacturer may use a longer interval regardless of the conditions encountered misfiring, a separate DTC must be stored than 1000 revolutions. To do so, the during that drive cycle, or on the next to indicate that multiple cylinders are manufacturer must demonstrate that the drive cycle in which similar conditions misfiring unless otherwise allowed by strategy would be equally effective and are encountered to those that occurred this paragraph (h)(2). When identifying timely at detecting misfire. when the pending DTC was stored. multiple cylinder misfire, the OBD (iii) Engine misfire monitoring Similar conditions means engine system is not required to also identify conditions. conditions having an engine speed using separate DTCs each of the (A) The OBD system must monitor within 375 rpm, load conditions within misfiring cylinders individually. If more continuously for misfire under the 20 percent, and the same warm-up than 90 percent of the detected misfires following conditions: from no later than status (i.e., cold or hot) as the engine occur in a single cylinder, an the end of the second crankshaft conditions stored pursuant to paragraph appropriate DTC may be stored that revolution after engine start; during the (h)(1)(iv)(E) of this section. Other indicates the specific misfiring cylinder rise time and settling time for engine definitions of similar conditions may be rather than storing the multiple cylinder speed to reach the desired idle engine used but must result in comparable misfire DTC. If two or more cylinders speed at engine start-up (i.e., ‘‘flare-up’’

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and ‘‘flare-down’’); and, under all effects. To do so, the manufacturer must data and/or an engineering evaluation positive torque engine speeds and load demonstrate that the disablement submitted by the manufacturer that conditions except within the engine interval or the period of use of an demonstrate that misfire detection operating region bound by the positive alternative malfunction criterion is throughout the required operating torque line (i.e., engine load with the limited only to that necessary for region cannot be achieved when transmission in neutral), and the points avoiding false detection and for one or employing proven monitoring represented by an engine speed of 3000 more of the following operating technology (i.e., a technology that rpm with the engine load at the positive conditions: Rough road; fuel cut; gear provides for compliance with these torque line and the redline engine speed changes for manual transmission requirements on other engines) and with the engine’s manifold vacuum at vehicles; traction control or other provided misfire is detected to the four inches of mercury lower than that vehicle stability control activation such fullest extent permitted by the at the positive torque line. For this as anti-lock braking or other engine technology. However, the misfire purpose, redline engine speed is defined torque modifications to enhance vehicle detection system must still monitor as either the recommended maximum stability; off-board control or intrusive during all positive torque operating engine speed as displayed on the activation of vehicle components or conditions encountered during an FTP instrument panel tachometer, or the monitors during service or assembly cycle. engine speed at which fuel shutoff plant testing; portions of intrusive (iv) MIL activation and DTC storage occurs. evaporative system or EGR monitors for engine misfire causing catalyst (B) If an OBD monitor cannot detect that can significantly affect engine damage. all misfire patterns under all required stability (i.e., while the purge valve is (A) Pending DTCs. A pending DTC engine speed and load conditions as open during the vacuum pull-down of must be stored immediately if, during a required by paragraph (h)(2)(iii)(A) of an evaporative system leak check but single drive cycle, the specified misfire this section, the OBD system may still not while the purge valve is closed and percentage described in paragraph be acceptable. The Administrator will the evaporative system is sealed or (h)(2)(ii)(A) of this section is exceeded evaluate the following factors in making while an EGR monitor causes the EGR three times when operating in the a determination: The magnitude of the valve to be cycled intrusively on and off positive torque region encountered region(s) in which misfire detection is during positive torque conditions); or, during a FTP cycle or is exceeded on a limited; the degree to which misfire engine speed, load, or torque transients single occasion when operating at any detection is limited in the region(s) (i.e., due to throttle movements more rapid other engine speed and load condition the probability of detection of misfire than those that occur over the FTP cycle in the positive torque region defined in events); the frequency with which said for the worst case engine within each paragraph (h)(2)(iii)(A) of this section. Immediately after a pending DTC is region(s) are expected to be encountered engine family. In general, the stored pursuant to this paragraph, the in-use; the type of misfire patterns for Administrator will not approve MIL must blink once per second at all which misfire detection is troublesome; disablement for conditions involving times during the drive cycle that engine and demonstration that the monitoring normal air conditioning compressor misfire is occurring. The MIL may be technology employed is not inherently cycling from on-to-off or off-to-on, deactivated during those times that incapable of detecting misfire under the automatic transmission gear shifts misfire is not occurring. If, at the time required conditions (i.e., compliance (except for shifts occurring during wide that a catalyst damaging misfire can be achieved on other engines). The open throttle operation), transitions evaluation will be based on the malfunction occurs, the MIL is already from idle to off-idle, normal engine following misfire patterns: equally activated for a malfunction other than speed or load changes that occur during spaced misfire occurring on randomly misfire, the MIL must still blink once the engine speed rise time and settling selected cylinders; single cylinder per second at all times during the drive time (i.e., ‘‘flare-up’’ and ‘‘flare-down’’) continuous misfire; and paired cylinder cycle that engine misfire is occurring. If immediately after engine starting (cylinders firing at the same crank misfire ceases, the MIL must stop without any vehicle operator-induced angle) continuous misfire. blinking but remain activated as (C) The manufacturer may use actions (e.g., throttle stabs), or excess appropriate in accordance with the monitoring system that has reduced acceleration (except for acceleration other malfunction. misfire detection capability during the rates that exceed the maximum (B) MIL-on DTCs. If a pending DTC is portion of the first 1000 revolutions acceleration rate obtainable at wide stored in accordance with paragraph after engine start that a cold start open throttle while the vehicle is in gear (h)(2)(iv)(A) of this section, the OBD emission reduction strategy is active due to abnormal conditions such as system must immediately store a MIL- that reduces engine torque (e.g., spark slipping of a clutch). The Administrator on DTC if the percentage of misfire retard strategies). To do so, the may approve misfire monitoring described in paragraph (h)(2)(ii)(A) of manufacturer must demonstrate that the disablement or use of an alternate this section is again exceeded one or probability of detection is greater than malfunction criterion for any other more times during either the drive cycle or equal to 75 percent during the worst condition on a case by case basis upon immediately following storage of the case condition (i.e., lowest generated determining that the manufacturer has pending DTC, regardless of the torque) for a vehicle operated demonstrated that the request is based conditions encountered during that continuously at idle (park/neutral idle) on an unusual or unforeseen drive cycle, or on the next drive cycle on a cold start between 50 and 86 circumstance and that it is applying the in which similar conditions are degrees Fahrenheit and that the best available computer and monitoring encountered to those that occurred technology cannot reliably detect a technology. when the pending DTC was stored. If, higher percentage of the misfire events (E) For engines with more than eight during a previous drive cycle, a pending during the conditions. cylinders that cannot meet the DTC is stored in accordance with (D) The manufacturer may disable requirements of paragraph (h)(2)(iii)(A) paragraph (h)(2)(iv)(A) of this section, a misfire monitoring or use an alternative of this section, a manufacturer may use MIL-on DTC must be stored malfunction criterion when misfire alternative misfire monitoring immediately upon exceeding the cannot be distinguished from other conditions. Such use must be based on percentage misfire described in

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paragraph (h)(2)(ii)(A) of this section engine start of the misfire percentage (h)(2)(v) of this section, there already regardless of the conditions described in paragraph (h)(2)(ii)(B) of exist stored freeze frame conditions for encountered. Upon storage of a MIL-on this section, a pending DTC must be a malfunction other than a misfire or DTC, the MIL must blink once per stored. If such a pending DTC is stored fuel system malfunction (see paragraph second at all times during the drive already and another such exceedance of (h)(1) of this section) then the stored cycle that engine misfire is occurring. If the misfire percentage is detected freeze frame information shall be misfire ceases, the MIL must stop within the first 1000 revolutions after replaced with freeze frame information blinking but remain activated until the engine start on any subsequent drive associated with the misfire malfunction. conditions are met for extinguishing the cycle, the MIL must activate and a MIL- (vii) Storage of engine conditions in MIL. on DTC must be stored. The pending association with engine misfire. Upon (C) Erasure of pending DTCs. Pending DTC may be erased if, at the end of the detection of the misfire percentages DTCs stored in accordance with next drive cycle in which similar described in paragraphs (h)(2)(ii)(A) and paragraph (h)(2)(iv)(A) of this section conditions are encountered to those that (h)(2)(ii)(B) of this section, the following must be erased at the end of the next occurred when the pending DTC was engine conditions must be stored for use drive cycle in which similar conditions stored, there has been no exceedance of in determining similar conditions: are encountered to those that occurred the misfire percentage described in Engine speed, load, and warm up status when the pending DTC was stored paragraph (h)(2)(ii)(B) of this section. of the first misfire event that resulted in provided no exceedances have been The pending DTC may also be erased if pending DTC storage. detected of the misfire percentage similar conditions are not encountered (viii) MIL deactivation in association described in paragraph (h)(2)(ii)(A) of during the next 80 drive cycles with engine misfire. The MIL may be this section. The pending DTC may also immediately following storage of the deactivated after three sequential drive be erased if similar conditions are not pending DTC. cycles in which similar conditions have encountered during the next 80 drive (B) No later than the fourth detection been encountered without an cycles immediately following storage of during a single drive cycle, following exceedance of the misfire percentages the pending DTC. the first 1000 revolutions after engine described in paragraphs (h)(2)(ii)(A) and (D) Exemptions for engines with fuel start of the misfire percentage described (h)(2)(ii)(B) of this section. shutoff and default fuel control. In in paragraph (h)(2)(ii)(B) of this section, (3) Exhaust gas recirculation system engines that provide for fuel shutoff and a pending DTC must be stored. If such monitoring. default fuel control to prevent over a pending DTC is stored already, then (i) General. The OBD system must fueling during catalyst damaging misfire the MIL must activate and a MIL-on monitor the EGR system on engines so conditions, the MIL need not blink as DTC must be stored within 10 seconds equipped for low and high flow rate required by paragraphs (h)(2)(iv)(A) and of the fourth detection of the misfire malfunctions. The individual electronic (h)(2)(iv)(B) of this section. Instead, the percentage described in paragraph components (e.g., actuators, valves, MIL may be activated continuously (h)(2)(ii)(B) of this section during either sensors) that are used in the EGR system upon misfire detection provided that the the drive cycle immediately following must be monitored in accordance with fuel shutoff and default fuel control are storage of the pending DTC, regardless the comprehensive component activated immediately upon misfire of the conditions encountered during detection. Fuel shutoff and default fuel that drive cycle excepting those requirements in paragraph (i)(3) of this control may be deactivated only when conditions within the first 1000 section. the engine is outside of the misfire range revolutions after engine start, or on the (ii) EGR system malfunction criteria. except that the manufacturer may next drive cycle in which similar (A) The OBD system must detect a periodically, but not more than once conditions are encountered to those that malfunction of the EGR system prior to every 30 seconds, deactivate fuel shutoff occurred when the pending DTC was a decrease from the manufacturer’s and default fuel control to determine if stored excepting those conditions specified EGR flow rate that would the catalyst damaging misfire is still within the first 1000 revolutions after cause an engine’s emissions to exceed occurring. Normal fueling and fuel engine start. The pending DTC may be the emissions thresholds for ‘‘other control may be resumed if the catalyst erased if, at the end of the next drive monitors’’ as shown in Table 2 of this damaging misfire is no longer occurring. cycle in which similar conditions are paragraph (h). For engines in which no (E) The manufacturer may use a encountered to those that occurred failure or deterioration of the EGR strategy that activates the MIL when the pending DTC was stored, system that causes a decrease in flow continuously rather than blinking the there has been no exceedance of the could result in an engine’s emissions MIL during extreme catalyst damage misfire percentage described in exceeding the applicable emissions misfire conditions (i.e., catalyst damage paragraph (h)(2)(ii)(B) of this section. thresholds, the OBD system must detect misfire occurring at all engine speeds The pending DTC may also be erased if a malfunction when the system has no and loads). Use of such a strategy must similar conditions are not encountered detectable amount of EGR flow. be limited to catalyst damage misfire during the next 80 drive cycles (B) The OBD system must detect a levels that cannot be avoided during immediately following storage of the malfunction of the EGR system prior to reasonable driving conditions. To use pending DTC. an increase from the manufacturer’s such a strategy, the manufacturer must (vi) Storage of freeze frame conditions specified EGR flow rate that would be able to demonstrate that the strategy for engine misfire. cause an engine’s emissions to exceed will encourage operation of the vehicle (A) The OBD system must store and the emissions thresholds for ‘‘other in conditions that will minimize erase freeze frame conditions (as monitors’’ as shown in Table 2 of this catalyst damage (e.g., at low engine defined in paragraph (k)(4)(iii) of this paragraph (h). For engines in which no speeds and loads). section) either in conjunction with failure or deterioration of the EGR (v) MIL activation and DTC storage for storing and erasing a pending DTC or in system that causes an increase in flow engine misfire causing emissions to conjunction with storing and erasing a could result in an engine’s emissions exceed applicable emissions thresholds. MIL-on DTC. exceeding the applicable emissions (A) Immediately upon detection, (B) If, upon storage of a DTC as thresholds, the OBD system must detect during the first 1000 revolutions after required by paragraphs (h)(2)(iv) and a malfunction when the system has

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reached its control limits such that it (iii) Cold start strategy monitoring ‘‘other monitors’’ as shown in Table 2 of cannot reduce EGR flow. conditions. The manufacturer must this paragraph (h). (iii) EGR system monitoring define monitoring conditions for (C) For engines in which no conditions. malfunctions identified in paragraph deterioration or failure of the secondary (A) The manufacturer must define the (h)(4)(ii) of this section in accordance air system would result in an engine’s monitoring conditions for malfunctions with paragraphs (c) and (d) of this emissions exceeding the applicable identified in paragraph (h)(3)(ii) of this section. emissions thresholds, the OBD system section in accordance with paragraphs (iv) Cold start strategy MIL activation must detect a malfunction when no (c) and (d) of this section. For purposes and DTC storage. The MIL must activate detectable amount of air flow is of tracking and reporting as required by and DTCs must be stored according to delivered by the secondary air system paragraph (d)(1) of this section, all the provisions of paragraph (b) of this during normal operation. monitors used to detect malfunctions section. (iii) Secondary air system monitoring identified in paragraph (h)(3)(ii) of this (5) Secondary air system monitoring. conditions. The manufacturer must section must be tracked separately but (i) General. The OBD system on define monitoring conditions for reported as a single set of values as engines equipped with any form of malfunctions identified in paragraph specified in paragraph (e)(1)(iii) of this secondary air delivery system must (h)(5)(ii) of this section in accordance section. monitor the proper functioning of the with paragraphs (c) and (d) of this (B) The manufacturer may disable secondary air delivery system including section. For purposes of tracking and temporarily the EGR monitor under all air switching valve(s). The reporting as required by paragraph (d)(1) conditions when monitoring may not be individual electronic components (e.g., of this section, all monitors used to reliable (e.g., when freezing may affect actuators, valves, sensors) that are used detect malfunctions identified in performance of the system). To do so, in the secondary air system must be paragraph (h)(5)(ii) of this section must the manufacturer must be able to monitored in accordance with the be tracked separately but reported as a demonstrate that the monitor is comprehensive component single set of values as specified in unreliable when such conditions exist. requirements in paragraph (i)(3) of this paragraph (e)(1)(iii) of this section. (iv) EGR system MIL activation and section. For purposes of this paragraph (iv) Secondary air system MIL DTC storage. The MIL must activate and (h)(5), ‘‘air flow’’ is defined as the air activation and DTC storage. The MIL DTCs must be stored according to the flow delivered by the secondary air must activate and DTCs must be stored provisions of paragraph (b) of this system to the exhaust system. For according to the provisions of paragraph section. (b) of this section. (4) Cold start emission reduction engines using secondary air systems with multiple air flow paths/ (6) Catalyst system monitoring. strategy monitoring. (i) General. The OBD system must distribution points, the air flow to each (i) General. If an engine incorporates monitor the catalyst system for proper bank (i.e., a group of cylinders that a specific engine control strategy to conversion capability. reduce cold start emissions, the OBD share a common exhaust manifold, (ii) Catalyst system malfunction system must monitor the key catalyst, and control sensor) must be criteria. The OBD system must detect a components (e.g., idle air control valve), monitored in accordance with the catalyst system malfunction when the other than secondary air, while the malfunction criteria in paragraph catalyst system’s conversion capability control strategy is active to ensure (h)(5)(ii) of this section. Also for decreases to the point that emissions proper operation of the control strategy. purposes of this paragraph (h)(5), exceed the emissions thresholds for the (ii) Cold start strategy malfunction ‘‘normal operation’’ is defined as the catalyst system as shown in Table 2 of criteria. condition when the secondary air this paragraph (h). (A) The OBD system must detect a system is activated during catalyst and/ (iii) Catalyst system monitoring malfunction prior to any failure or or engine warm-up following engine conditions. The manufacturer must deterioration of the individual start. ‘‘Normal operation’’ does not define monitoring conditions for components associated with the cold include the condition when the malfunctions identified in paragraph start emission reduction control strategy secondary air system is turned on (h)(6)(ii) of this section in accordance that would cause an engine’s emissions intrusively for the sole purpose of with paragraphs (c) and (d) of this to exceed the emissions thresholds for monitoring. section. For purposes of tracking and ‘‘other monitors’’ as shown in Table 2 of (ii) Secondary air system malfunction reporting as required by paragraph (d)(1) this paragraph (h). The manufacturer criteria. of this section, all monitors used to must establish the malfunction criteria (A) Except as provided in paragraph detect malfunctions identified in based on data from one or more (h)(5)(ii)(C) of this section, the OBD paragraph (h)(6)(ii) of this section must representative engine(s) and provide an system must detect a secondary air be tracked separately but reported as a engineering evaluation for establishing system malfunction prior to a decrease single set of values as specified in the malfunction criteria for the from the manufacturer’s specified air paragraph (e)(1)(iii) of this section. remainder of the manufacturer’s product flow during normal operation that (iv) Catalyst system MIL activation line. would cause an engine’s emissions to and DTC storage. (B) Where no failure or deterioration exceed the emissions thresholds for (A) The MIL must activate and DTCs of a component used for the cold start ‘‘other monitors’’ as shown in Table 2 of must be stored according to the emission reduction strategy could result this paragraph (h). provisions of paragraph (b) of this in an engine’s emissions exceeding the (B) Except as provided in paragraph section. applicable emissions thresholds, the (h)(5)(ii)(C) of this section, the OBD (B) The monitoring method for the individual component must be system must detect a secondary air catalyst system must be capable of monitored for proper functional system malfunction prior to an increase detecting when a catalyst DTC has been response while the control strategy is from the manufacturer’s specified air erased (except OBD system self erasure), active in accordance with the flow during normal operation that but the catalyst has not been replaced malfunction criteria in paragraphs would cause an engine’s emissions to (e.g., catalyst overtemperature histogram (i)(3)(ii) and (i)(3)(iii) of this section. exceed the emissions thresholds for approaches are not acceptable).

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(7) Evaporative system monitoring. (D) The manufacturer may request (C) For engines equipped with heated (i) General. The OBD system must Administrator approval to run the exhaust gas sensor, the OBD system verify purge flow from the evaporative evaporative system monitor during only must monitor the heater for proper system and monitor the complete those drive cycles characterized as cold performance. evaporative system, excluding the starts provided such a condition is (ii) Primary exhaust gas sensor tubing and connections between the needed to ensure reliable monitoring. In malfunction criteria. purge valve and the intake manifold, for making the request, the manufacturer (A) The OBD system must detect a vapor leaks to the atmosphere. must demonstrate through data and/or malfunction prior to any failure or Individual components of the engineering analyses that a reliable deterioration of the exhaust gas sensor evaporative system (e.g. valves, sensors) monitor can only be run on drive cycles output voltage, resistance, impedance, must be monitored in accordance with that begin with a specific set of cold current, response rate, amplitude, offset, the comprehensive components start criteria. A set of cold start criteria or other characteristic(s) (including drift requirements in paragraph (i)(3) of this based solely on ambient temperature or bias corrected for by secondary section. exceeding engine coolant temperature sensors) that would cause an engine’s (ii) Evaporative system malfunction will not be acceptable. emissions to exceed the emissions criteria. (E) The OBD system may disable thresholds for ‘‘other monitors’’ as (A) Purge monitor. The OBD system temporarily the evaporative purge shown in Table 2 of this paragraph (h). must detect an evaporative system system to run an evaporative system (B) The OBD system must detect malfunction when no purge flow from leak monitor. malfunctions of the exhaust gas sensor the evaporative system to the engine can (iv) Evaporative system MIL activation caused by either a lack of circuit be detected by the OBD system. and DTC storage. continuity or out-of-range values. (A) Except as provided for in (B) Leak monitor. The OBD system (C) The OBD system must detect a paragraph (h)(7)(iv)(B) of this section, must detect an evaporative system malfunction of the exhaust gas sensor the MIL must activate and DTCs must be malfunction when the complete when a sensor failure or deterioration stored according to the provisions of evaporative system contains a leak or causes the fuel system to stop using that paragraph (b) of this section. sensor as a feedback input (e.g., causes leaks that cumulatively are greater than (B) If the OBD system is capable of or equal to a leak caused by a 0.150 inch default or open-loop operation). discerning that a system leak is being (D) The OBD system must detect a diameter hole. caused by a missing or improperly malfunction of the exhaust gas sensor (C) The manufacturer may secured gas cap, the OBD system need when the sensor output voltage, demonstrate that detection of a larger not activate the MIL or store a DTC resistance, impedance, current, hole is more appropriate than that provided the vehicle is equipped with amplitude, activity, or other specified in paragraph (h)(7)(ii)(B) of an alternative indicator for notifying the characteristics are no longer sufficient this section. To do so, the manufacturer operator of the gas cap problem. The for use as an OBD system monitoring must demonstrate through data and/or alternative indicator must be of device (e.g., for catalyst monitoring). engineering analyses that holes smaller sufficient illumination and location to (iii) Secondary exhaust gas sensor than the proposed detection size would be readily visible under all lighting malfunction criteria. not result in evaporative or running loss conditions. If the vehicle is not (A) The OBD system must detect a emissions that exceed 1.5 times the equipped with such an alternative malfunction prior to any failure or applicable evaporative emissions indicator, the MIL must activate and a deterioration of the exhaust gas sensor standards. Upon such a demonstration, DTC be stored as required in paragraph voltage, resistance, impedance, current, the proposed detection size could be (h)(7)(iv)(A) of this section; however, response rate, amplitude, offset, or other substituted for the requirement of these may be deactivated and erased, characteristic(s) that would cause an paragraph (h)(7)(ii)(B) of this section. respectively, if the OBD system engine’s emissions to exceed the (iii) Evaporative system monitoring determines that the gas cap problem has emissions thresholds for ‘‘other conditions. been corrected and the MIL has not been monitors’’ as shown in Table 2 of this (A) The manufacturer must define activated for any other malfunction. The paragraph (h). monitoring conditions for malfunctions Administrator may approve other (B) The OBD system must detect identified in paragraph (h)(7)(ii)(A) of strategies that provide equivalent malfunctions of the exhaust gas sensor this section in accordance with assurance that a vehicle operator will be caused by a lack of circuit continuity. paragraphs (c) and (d) of this section. notified promptly of a missing or (C) To the extent feasible, the OBD (B) The manufacturer must define improperly secured gas cap and that system must detect a malfunction of the monitoring conditions for malfunctions corrective action will be undertaken. exhaust gas sensor when the sensor identified in paragraph (h)(7)(ii)(B) of (8) Exhaust gas sensor monitoring. output voltage, resistance, impedance, this section in accordance with (i) General. current, amplitude, activity, offset, or paragraphs (c) and (d) of this section. (A) The OBD system must monitor for other characteristics are no longer For purposes of tracking and reporting malfunctions the output signal, sufficient for use as an OBD system as required by paragraph (d)(1) of this response rate, and any other parameter monitoring device (e.g., for catalyst section, all monitors used to detect that can affect emissions of all primary monitoring). malfunctions identified in paragraph (i.e., fuel control) exhaust gas sensors (D) The OBD system must detect (h)(7)(ii)(B) of this section must be (e.g., oxygen, wide-range air/fuel). Both malfunctions of the exhaust gas sensor tracked separately but reported as a the lean-to-rich and rich-to-lean caused by out-of-range values. single set of values as specified in response rates must be monitored. (E) The OBD system must detect a paragraph (e)(1)(iii) of this section. (B) The OBD system must also malfunction of the exhaust gas sensor (C) The manufacturer may disable or monitor all secondary exhaust gas when a sensor failure or deterioration abort an evaporative system monitor sensors (those used for secondary fuel causes the fuel system (e.g., fuel control) when the fuel tank level is over 85 trim control or as a monitoring device) to stop using that sensor as a feedback percent of nominal tank capacity or for proper output signal, activity, and input (e.g., causes default or open-loop during a refueling event. response rate. operation).

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(iv) Exhaust gas sensor heater (B) Except as provided for in (C) For engines in which no failure or malfunction criteria. paragraph (h)(8)(vi)(C) of this section, deterioration of the VVT system could (A) The OBD system must detect a monitoring for malfunctions identified result in an engine’s emissions malfunction of the heater performance in paragraphs (h)(8)(iii)(D) and exceeding the applicable emissions when the current or voltage drop in the (h)(8)(iii)(E) of this section must be thresholds of paragraphs (h)(9)(ii)(A) heater circuit is no longer within the conducted continuously. and (h)(9)(ii)(B) of this section, the OBD manufacturer’s specified limits for (C) The manufacturer may disable system must detect a malfunction of the normal operation (i.e., within the continuous secondary exhaust gas VVT system when proper functional criteria required to be met by the sensor monitoring when a secondary response of the system to computer component vendor for heater circuit exhaust gas sensor malfunction cannot commands does not occur. performance at high mileage). Other be distinguished from other effects (e.g., (iii) VVT system monitoring malfunction criteria for heater disable out-of-range low monitoring conditions. Manufacturers must define performance malfunctions may be used during fuel cut conditions). To do so, the monitoring conditions for VVT upon demonstrating via data or the manufacturer must demonstrate via system malfunctions identified in engineering analyses that the data or engineering analyses that a paragraph (h)(9)(ii) in accordance with monitoring reliability and timeliness is properly functioning sensor cannot be paragraphs (c) and (d) of this section, equivalent to the stated criteria in this distinguished from a malfunctioning with the exception that monitoring must paragraph (h)(8)(iv)(A). sensor and that the disablement interval occur every time the monitoring (B) The OBD system must detect is limited only to that necessary for conditions are met during the drive malfunctions of the heater circuit avoiding false detection. cycle rather than once per drive cycle as including open or short circuits that (vii) Exhaust gas sensor heater required in paragraph (c)(2) of this conflict with the commanded state of monitoring conditions. section. For purposes of tracking and the heater (e.g., shorted to 12 Volts (A) The manufacturer must define reporting as required in paragraph (d)(1) when commanded to 0 Volts (ground)). monitoring conditions for malfunctions of this section, all monitors used to (v) Primary exhaust gas sensor identified in paragraph (h)(8)(iv)(A) of detect malfunctions identified in monitoring conditions. this section in accordance with paragraph (h)(9)(ii) must be tracked (A) The manufacturer must define paragraphs (c) and (d) of this section. separately but reported as a single set of monitoring conditions for malfunctions (B) Monitoring for malfunctions values as specified in paragraph identified in paragraphs (h)(8)(ii)(A) and identified in paragraph (h)(8)(iv)(B) of (e)(1)(iii) of this section. (h)(8)(ii)(D) of this section in accordance this section must be conducted (iv) VVT MIL activation and DTC with paragraphs (c) and (d) of this continuously. storage. The MIL must activate and (viii) Exhaust gas sensor MIL section. For purposes of tracking and DTCs must be stored according to the activation and DTC storage. The MIL reporting as required by paragraph (d)(1) provisions of paragraph (b) of this must activate and DTCs must be stored of this section, all monitors used to section. according to the provisions of paragraph detect malfunctions identified in (i) OBD monitoring requirements for (b) of this section. all engines. paragraphs (h)(8)(ii)(A) and (h)(8)(ii)(D) (9) Variable valve timing (VVT) of this section must be tracked (1) Engine cooling system monitoring. system monitoring. (i) General. separately but reported as a single set of (i) General. The OBD system must (A) The OBD system must monitor the values as specified in paragraph monitor the VVT system on engines so thermostat on engines so equipped for (e)(1)(iii) of this section. equipped for target error and slow proper operation. (B) Except as provided for in response malfunctions. The individual (B) The OBD system must monitor the paragraph (h)(8)(v)(C) of this section, electronic components (e.g., actuators, engine coolant temperature (ECT) sensor monitoring for malfunctions identified valves, sensors) that are used in the VVT for electrical circuit continuity, out-of- in paragraphs (h)(8)(ii)(B) and system must be monitored in range values, and rationality (h)(8)(ii)(C) of this section must be accordance with the comprehensive malfunctions. conducted continuously. components requirements in paragraph (C) For engines that use a system (C) The manufacturer may disable (i)(3). other than the cooling system and ECT continuous primary exhaust gas sensor (ii) VVT system malfunction criteria. sensor (e.g., oil temperature, cylinder monitoring when a primary exhaust gas (A) VVT system target error. The OBD head temperature) to determine engine sensor malfunction cannot be system must detect a malfunction prior operating temperature for emission distinguished from other effects (e.g., to any failure or deterioration in the control purposes (e.g., to modify spark disable out-of-range low monitoring capability of the VVT system to achieve or fuel injection timing or quantity), the during fuel cut conditions). To do so, the commanded valve timing and/or manufacturer may forego cooling system the manufacturer must demonstrate via control within a crank angle and/or lift monitoring and instead monitor the data or engineering analyses that a tolerance that would cause an engine’s components or systems used in their properly functioning sensor cannot be emissions to exceed the emission approach. To do so, the manufacturer distinguished from a malfunctioning thresholds for ‘‘other monitors’’ as must to submit data and/or engineering sensor and that the disablement interval shown in Table 2 of this paragraph (h). analyses that demonstrate that their is limited only to that necessary for (B) VVT slow response. The OBD monitoring plan is as reliable and avoiding false detection. system must detect a malfunction prior effective as the monitoring required in (vi) Secondary exhaust gas sensor to any failure or deterioration in the this paragraph (i)(1). monitoring conditions. capability of the VVT system to achieve (ii) Malfunction criteria for the (A) The manufacturer must define the commanded valve timing and/or thermostat. monitoring conditions for malfunctions control within a manufacturer-specified (A) The OBD system must detect a identified in paragraphs (h)(8)(iii)(A) time that would cause an engine’s thermostat malfunction if, within the through (h)(8)(iii)(C) of this section in emissions to exceed the emission manufacturer specified time interval accordance with paragraphs (c) and (d) thresholds for ‘‘other monitors’’ as following engine start, any of the of this section. shown in Table 2 of this paragraph (h). following conditions occur: The coolant

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temperature does not reach the highest (e.g., fuel system, EGR system). The and displays the same temperature temperature required by the OBD manufacturer specified time interval information as used by the OBD system. system to enable other diagnostics; and, must be a function of the engine coolant (iv) Monitoring conditions for the the coolant temperature does not reach temperature and/or intake air thermostat. a warmed-up temperature within 20 temperature at startup. The (A) The manufacturer must define the degrees Fahrenheit of the manufacturer time interval must be monitoring conditions for malfunctions manufacturer’s nominal thermostat supported by data and/or engineering identified in paragraph (i)(1)(ii)(A) of regulating temperature. For the second analyses demonstrating that it provides this section in accordance with of these two conditions, the robust monitoring and minimizes the paragraph (c) of this section. manufacturer may use a lower likelihood of other OBD monitors being Additionally, except as provided for in temperature for this criterion if either disabled. The manufacturer may forego paragraphs (i)(1)(iv)(B) and (i)(1)(iv)(C) the manufacturer can demonstrate that the requirements of this paragraph of this section, monitoring for the fuel, spark timing, and/or other (i)(1)(iii)(B) provided the manufacturer malfunctions identified in paragraph coolant temperature-based modification does not use engine coolant temperature (i)(1)(ii)(A) of this section must be to the engine control strategies would or the ECT sensor to enable closed-loop/ conducted once per drive cycle on every not cause an emissions increase greater feedback control of any emission control drive cycle in which the ECT sensor than or equal to 50 percent of any of the systems. indicates, at engine start, a temperature applicable emissions standards; or, (C) Stuck in range below the highest lower than the temperature established ambient air temperature is between 20 minimum enable temperature. To the as the malfunction criteria in paragraph degrees Fahrenheit and 50 degrees extent feasible when using all available (i)(1)(ii)(A) of this section. Fahrenheit in which case, upon information, the OBD system must (B) The manufacturer may disable Administrator approval, the minimum detect a malfunction if the ECT sensor thermostat monitoring at ambient coolant temperature required to be inappropriately indicates a temperature engine start temperatures below 20 reached may be decreased based on the below the highest minimum enable degrees Fahrenheit. ambient air temperature. temperature required by the OBD (C) The manufacturers may request (B) With Administrator approval, the system to enable other monitors (e.g., an Administrator approval to suspend or manufacturer may use alternative OBD system that requires ECT to be disable thermostat monitoring if the malfunction criteria to those of greater than 140 degrees Fahrenheit to engine is subjected to conditions that paragraph (i)(1)(ii)(A) of this section enable a diagnostic must detect could lead to false diagnosis. To do so, and/or alternative monitoring malfunctions that cause the ECT sensor the manufacturer must submit data and/ conditions to those of paragraph to inappropriately indicate a or engineering analyses that (i)(1)(iv) of this section that are a temperature below 140 degrees demonstrate that the suspension or function of temperature at engine start Fahrenheit). The manufacturer may disablement is necessary. In general, the on engines that do not reach the forego this requirement for temperature manufacturer will not be allowed to temperatures specified in the regions in which the monitors required suspend or disable the thermostat malfunction criteria when the under paragraphs (i)(1)(ii) or (i)(1)(iii)(B) monitor on engine starts where the thermostat is functioning properly. To of this section will detect ECT sensor engine coolant temperature at engine do so, the manufacturer is required to malfunctions as defined in this start is more than 35 degrees Fahrenheit submit data and/or engineering analyses paragraph (i)(1)(iii)(C). lower than the thermostat malfunction that demonstrate that a properly (D) Stuck in range above the lowest threshold temperature determined operating system does not reach the maximum enable temperature. The under paragraph (i)(1)(ii)(A) of this specified temperatures and that the OBD system must detect a malfunction section. possibility is minimized for cooling if the ECT sensor inappropriately (v) Monitoring conditions for the ECT system malfunctions to go undetected indicates a temperature above the sensor. thus disabling other OBD monitors. lowest maximum enable temperature (A) Except as provided for in (C) The manufacturer may request required by the OBD system to enable paragraph (i)(1)(v)(D) of this section, the Administrator approval to forego other monitors (e.g., an OBD system that OBD system must monitor continuously monitoring of the thermostat if the requires an engine coolant temperature for malfunctions identified in paragraph manufacturer can demonstrate that a less than 90 degrees Fahrenheit at monitoring for malfunctions identified malfunctioning thermostat cannot cause startup prior to enabling an OBD in paragraph (i)(1)(iii)(A) of this section a measurable increase in emissions monitor must detect malfunctions that (i.e., circuit integrity and out-of-range). during any reasonable driving condition cause the ECT sensor to indicate (B) The manufacturer must define the nor cause any disablement of other OBD inappropriately a temperature above 90 monitoring conditions for malfunctions monitors. degrees Fahrenheit). The manufacturer identified in paragraph (i)(1)(iii)(B) of (iii) Malfunction criteria for the ECT may forego this requirement within this section in accordance with sensor. temperature regions in which the paragraph (c) of this section. (A) Circuit integrity. The OBD system monitors required under paragraphs Additionally, except as provided for in must detect malfunctions of the ECT (i)(1)(ii), (i)(1)(iii)(B), (i)(1)(iii)(C) of this paragraph (i)(1)(v)(D) of this section, sensor related to a lack of circuit section will detect ECT sensor monitoring for malfunctions identified continuity or out-of-range values. malfunctions as defined in this in paragraph (i)(1)(iii)(B) of this section (B) Time to reach closed-loop/ paragraph (i)(1)(iii)(D) or in which the must be conducted once per drive cycle feedback enable temperature. The OBD MIL will be activated according to the on every drive cycle in which the ECT system must detect if, within the provisions of paragraph (b)(2)(v) of this sensor indicates a temperature lower manufacturer specified time interval section. The manufacturer may also than the closed-loop enable temperature following engine start, the ECT sensor forego this monitoring within at engine start (i.e., all engine start does not achieve the highest stabilized temperature regions where a temperatures greater than the ECT minimum temperature that is needed to temperature gauge on the instrument sensor out-of-range low temperature and initiate closed-loop/feedback control of panel indicates a temperature in the less than the closed-loop enable all affected emission control systems ‘‘red zone’’ (engine overheating zone) temperature).

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(C) The manufacturer must define the malfunction criteria in paragraph not identify specifically the CV system monitoring conditions for malfunctions (i)(2)(ii)(B) of this section. (e.g., a DTC for idle speed control or fuel identified in paragraphs (i)(1)(iii)(C) and (B) Except as provided for in system monitoring can be stored) if the (i)(1)(iii)(D) of this section in accordance paragraphs (i)(2)(ii)(C) through manufacturer can demonstrate that with paragraphs (c) and (d) of this (i)(2)(ii)(E) of this section, the OBD additional monitoring hardware is section. system must detect a malfunction of the necessary to make such an identification (D) The manufacturer may suspend or CV system when a disconnection of the and provided the manufacturer’s delay the monitor for the time to reach system occurs between either the diagnostic and repair procedures for the closed-loop enable temperature if the crankcase and the CV valve, or between detected malfunction include directions engine is subjected to conditions that the CV valve and the intake manifold. to check the integrity of the CV system. could lead to false diagnosis (e.g., (C) The manufacturer may forego (3) Comprehensive component vehicle operation at idle for more than monitoring for a disconnection between monitoring. 50 to 75 percent of the warm-up time). the crankcase and the CV valve (i) General. Except as provided for in (E) The manufacturer may request provided the CV system is designed paragraph (i)(4) of this section, the OBD Administrator approval to disable such that the CV valve is fastened system must detect a malfunction of any continuous ECT sensor monitoring directly to the crankcase such that it is electronic engine component or system when an ECT sensor malfunction cannot significantly more difficult to remove not otherwise described in paragraphs be distinguished from other effects. To the CV valve from the crankcase than to (g), (h), (i)(1), and (i)(2) of this section do so, the manufacturer must submit disconnect the line between the CV that either provides input to (directly or data and/or engineering analyses that valve and the intake manifold (taking indirectly, such components may demonstrate a properly functioning aging effects into consideration). To do include the crank angle sensor, knock sensor cannot be distinguished from a so, the manufacturer must be able to sensor, throttle position sensor, cam malfunctioning sensor and that the provide data and/or an engineering position sensor, intake air temperature disablement interval is limited only to evaluation demonstrating that the CV sensor, boost pressure sensor, manifold that necessary for avoiding false system is so designed. pressure sensor, mass air flow sensor, (D) The manufacturer may forego exhaust temperature sensor, exhaust detection. monitoring for a disconnection between pressure sensor, fuel pressure sensor, (vi) Engine cooling system MIL the crankcase and the CV valve fuel composition sensor of a flexible activation and DTC storage. The MIL provided the CV system is designed fuel vehicle, etc.) or receives commands must activate and DTCs must be stored such that it uses tubing connections from (such components or systems may according to the provisions of paragraph between the CV valve and the crankcase include the idle speed control system, (b) of this section. that are: resistant to deterioration or glow plug system, variable length intake (2) Crankcase ventilation (CV) system accidental disconnection; significantly manifold runner systems, supercharger monitoring. more difficult to disconnect than is the or turbocharger electronic components, (i) General. The OBD system must line between the CV valve and the heated fuel preparation systems, the monitor the CV system on engines so intake manifold; and, not subject to wait-to-start lamp on diesel equipped for system integrity. Engines disconnection per the manufacturer’s applications, the MIL, etc.) the onboard not required to be equipped with CV repair procedures for any non-CV computer(s) and meets either of the systems are exempt from monitoring the system repair. To do so, the criteria described in paragraphs CV system. For diesel engines, the manufacturer must be able to provide (i)(3)(i)(A) and/or (i)(3)(i)(B) of this manufacturer must submit a plan for data and/or engineering evaluation section. Note that, for the purposes of Administrator approval prior to OBD demonstrating that the CV system is so this paragraph (i)(3), ‘‘electronic engine certification. That plan must include designed. component or system’’ does not include descriptions of the monitoring strategy, (E) The manufacturer may forego components that are driven by the malfunction criteria, and monitoring monitoring for a disconnection between engine and are not related to the control conditions for CV system monitoring. the CV valve and the intake manifold of the fueling, air handling, or emissions The plan must demonstrate that the CV provided the CV system is designed of the engine (e.g., PTO components, air system monitor is of equivalent such that any disconnection either conditioning system components, and effectiveness, to the extent feasible, to causes the engine to stall immediately power steering components). the malfunction criteria and the during idle operation, or is unlikely to (A) It can cause emissions to exceed monitoring conditions of this paragraph occur due to a CV system design that is applicable emission standards. To (i)(2). integral to the induction system (e.g., preclude monitoring, the manufacturer (ii) Crankcase ventilation system machined passages rather than tubing or must be able to provide emission data malfunction criteria. hoses). To do so, the manufacturer must showing that the component or system, (A) For the purposes of this paragraph be able to provide data and/or an when malfunctioning and installed on a (i)(2), ‘‘CV system’’ is defined as any engineering evaluation demonstrating suitable test engine, does not cause form of crankcase ventilation system, that the CV system is so designed. emissions to exceed the emission regardless of whether it utilizes positive (iii) Crankcase ventilation system standards. pressure. ‘‘CV valve’’ is defined as any monitoring conditions. The (B) It is used as part of the monitoring form of valve or orifice used to restrict manufacturer must define the strategy for any other monitored system or control crankcase vapor flow. monitoring conditions for malfunctions or component. Further, any additional external CV identified in paragraph (i)(2) of this (ii) Comprehensive component system tubing or hoses used to equalize section in accordance with paragraphs malfunction criteria for input crankcase pressure or to provide a (c) and (d) of this section. components. ventilation path between various areas (iv) Crankcase ventilation system MIL (A) The OBD system must detect of the engine (e.g., crankcase and valve activation and DTC storage. The MIL malfunctions of input components cover) are considered part of the CV must activate and DTCs must be stored caused by a lack of circuit continuity system ‘‘between the crankcase and the according to the provisions of paragraph and out-of-range values. In addition, CV valve’’ and subject to the (b) of this section. The stored DTC need where feasible, rationality checks must

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also be done and shall verify that a when the minimum number of teeth/ OBD system to enable any other sensor output is neither inappropriately cogs misalignment has occurred that monitors. high nor inappropriately low (i.e., ‘‘two- does cause a measurable emission (D) For model years 2010 through sided’’ monitoring). increase. 2012, glow plugs must be monitored for (B) To the extent feasible, the OBD (iii) Comprehensive component circuit continuity malfunctions. For system must separately detect and store malfunction criteria for output model years 2010 and later, intake air different DTCs that distinguish components/systems. heater systems and, for model years rationality malfunctions from lack of (A) The OBD system must detect a 2013 and later, glow plugs must be circuit continuity and out-of-range malfunction of an output component/ monitored for proper functional malfunctions. For lack of circuit system when proper functional response response to computer commands and continuity and out-of-range does not occur in response to computer for circuit continuity malfunctions. The malfunctions, the OBD system must, to commands. If such a functional check is glow plug/intake air heater circuit(s) the extent feasible, separately detect and not feasible, the OBD system must must be monitored for proper current store different DTCs for each distinct detect malfunctions of output and voltage drop. The manufacturer malfunction (e.g., out-of-range low, out- components/systems caused by a lack of may use other monitoring strategies but of-range high, open circuit). The OBD circuit continuity or circuit malfunction must be able to provide data and/or system is not required to store separate (e.g., short to ground or high voltage). engineering analyses that demonstrate DTCs for lack of circuit continuity For output component lack of circuit reliable and timely detection of malfunctions that cannot be continuity malfunctions and circuit malfunctions. The OBD system must distinguished from other out-of-range malfunctions, the OBD system is not also detect a malfunction when a single circuit malfunctions. required to store different DTCs for each glow plug no longer operates within the (C) For input components that are distinct malfunction (e.g., open circuit, manufacturer’s specified limits for used to activate alternative strategies shorted low). Manufacturers are not normal operation. If a manufacturer can that can affect emissions (e.g., AECDs, required to activate an output demonstrate that a single glow plug engine shutdown systems), the OBD component/system when it would not malfunction cannot cause a measurable system must conduct rationality checks normally be active for the sole purpose increase in emissions during any to detect malfunctions that cause the of performing a functional check of it as reasonable driving condition, the OBD system to activate erroneously or required in this paragraph (i)(3). system must instead detect a deactivate the alternative strategy. To (B) For gasoline engines, the idle malfunction when the number of glow the extent feasible when using all control system must be monitored for plugs needed to cause an emission available information, the rationality proper functional response to computer increase is malfunctioning. To the check must detect a malfunction if the commands. For gasoline engines using extent feasible, the stored DTC must input component inappropriately monitoring strategies based on deviation identify the specific malfunctioning indicates a value that activates or from target idle speed, a malfunction glow plug(s). deactivates the alternative strategy. For must be detected when either of the (E) The wait-to-start lamp circuit and example, for an alternative strategy that following conditions occurs: The idle the MIL circuit must be monitored for activates when the intake air speed control system cannot achieve the malfunctions that cause either lamp to temperature is greater than 120 degrees target idle speed within 200 revolutions fail to activate when commanded to do Fahrenheit, the OBD system must detect per minute (rpm) above the target speed so (e.g., burned out bulb). This malfunctions that cause the intake air or 100 rpm below the target speed; or, monitoring of the wait-to-start lamp temperature sensor to indicate the idle speed control system cannot circuit and the MIL circuit is not inappropriately a temperature above 120 achieve the target idle speed within the required for wait-to-start lamps and degrees Fahrenheit. smallest engine speed tolerance range MILs using light-emitting diodes (LEDs). (D) For engines that require precise required by the OBD system to enable (iv) Monitoring conditions for input alignment between the camshaft and the any other monitors. Regarding the components. crankshaft, the OBD system must former of these conditions, the (A) The OBD system must monitor monitor the crankshaft position manufacturer may use larger engine input components continuously for out- sensor(s) and camshaft position speed tolerances. To do so, the of-range values and circuit continuity. sensor(s) to verify proper alignment manufacturer must be able to provide The manufacturer may disable between the camshaft and crankshaft in data and/or engineering analyses that continuous monitoring for circuit addition to monitoring the sensors for demonstrate that the tolerances can be continuity and out-of-range values when circuit continuity and proper exceeded without a malfunction being a malfunction cannot be distinguished rationality. Proper alignment monitoring present. from other effects. To do so, the between a camshaft and a crankshaft is (C) For diesel engines, the idle control manufacturer must be able to provide required only in cases where both are system must be monitored for proper data and/or engineering analyses that equipped with position sensors. For functional response to computer demonstrate that a properly functioning engines equipped with VVT systems commands. For diesel engines, a input component cannot be and a timing belt or chain, the OBD malfunction must be detected when distinguished from a malfunctioning system must detect a malfunction if the either of the following conditions input component and that the alignment between the camshaft and occurs: the idle fuel control system disablement interval is limited only to crankshaft is off by one or more cam/ cannot achieve the target idle speed or that necessary for avoiding false crank sprocket cogs (e.g., the timing fuel injection quantity within +/¥50 malfunction detection. belt/chain has slipped by one or more percent of the manufacturer-specified (B) For input component rationality teeth/cogs). If a manufacturer fuel quantity and engine speed checks (where applicable), the demonstrates that a single tooth/cog tolerances; or, the idle fuel control manufacturer must define the misalignment cannot cause a system cannot achieve the target idle monitoring conditions for detecting measurable increase in emissions during speed or fueling quantity within the malfunctions in accordance with any reasonable driving condition, the smallest engine speed or fueling paragraphs (c) and (d) of this section, OBD system must detect a malfunction quantity tolerance range required by the with the exception that rationality

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checks must occur every time the reported as MIL commanded-on and a than 8,000 feet above sea level. To do monitoring conditions are met during MIL-on DTC must be stored. so, the manufacturer must submit data the drive cycle rather than once per (4) Other emission control system and/or engineering analyses that drive cycle as required in paragraph monitoring. demonstrate that monitoring is (c)(2) of this section. (i) General. For other emission control unreliable during the disable (v) Monitoring conditions for output systems that are either not addressed in conditions. A manufacturer may request components/systems. paragraphs (g) through (i)(3) of this that an OBD system monitor be disabled (A) The OBD system must monitor section (e.g., hydrocarbon traps, at other ambient engine start output components/systems homogeneous charge compression temperatures by submitting data and/or continuously for circuit continuity and ignition control systems), or addressed engineering analyses demonstrating that circuit malfunctions. The manufacturer in paragraph (i)(3) of this section but not misdiagnosis would occur at the given may disable continuous monitoring for corrected or compensated for by an ambient temperatures due to their effect circuit continuity and circuit adaptive control system (e.g., swirl on the component itself (e.g., malfunctions when a malfunction control valves), the manufacturer must component freezing). cannot be distinguished from other submit a plan for Administrator (iii) The manufacturer may disable an effects. To do so, the manufacturer must approval of the monitoring strategy, OBD system monitor when the fuel level be able to provide data and/or malfunction criteria, and monitoring is 15 percent or less of the nominal fuel engineering analyses that demonstrate conditions prior to introduction on a tank capacity for those monitors that that a properly functioning output production engine. The plan must can be affected by low fuel level or component/system cannot be demonstrate the effectiveness of the running out of fuel (e.g., misfire distinguished from a malfunctioning monitoring strategy, the malfunction detection). To do so, the manufacturer one and that the disablement interval is criteria used, the monitoring conditions must submit data and/or engineering limited only to that necessary for required by the monitor, and, if analyses that demonstrate that avoiding false malfunction detection. applicable, the determination that the monitoring at the given fuel levels is requirements of paragraph (i)(4)(ii) of (B) For output component/system unreliable, and that the OBD system is this section are satisfied. still able to detect a malfunction if the functional checks, the manufacturer (ii) For engines that use emission must define the monitoring conditions component(s) used to determine fuel control systems that alter intake air flow level indicates erroneously a fuel level for detecting malfunctions in or cylinder charge characteristics by accordance with paragraphs (c) and (d) that causes the disablement. actuating valve(s), flap(s), etc., in the (iv) The manufacturer may disable of this section. Specifically for the idle intake air delivery system (e.g., swirl OBD monitors that can be affected by control system, the manufacturer must control valve systems), the engine battery or system voltage levels. define the monitoring conditions for manufacturer, in addition to meeting the (A) For an OBD monitor affected by detecting malfunctions in accordance requirements of paragraph (i)(4)(i) of low vehicle battery or system voltages, with paragraphs (c) and (d) of this this section, may elect to have the OBD manufacturers may disable monitoring section, with the exception that system monitor the shaft to which all when the battery or system voltage is functional checks must occur every time valves in one intake bank are physically below 11.0 Volts. The manufacturer may the monitoring conditions are met attached rather than performing a use a voltage threshold higher than 11.0 during the drive cycle rather than once functional check of the intake air flow, Volts to disable monitors but must per drive cycle as required in paragraph cylinder charge, or individual valve(s)/ submit data and/or engineering analyses (c)(2) of this section. flap(s). For non-metal shafts or that demonstrate that monitoring at (vi) Comprehensive component MIL segmented shafts, the monitor must those voltages is unreliable and that activation and DTC storage. verify all shaft segments for proper either operation of a vehicle below the (A) Except as provided for in functional response (e.g., by verifying disablement criteria for extended paragraphs (i)(3)(vi)(B) and (i)(3)(vi)(C) that the segment or portion of the shaft periods of time is unlikely or the OBD of this section, the MIL must activate farthest from the actuator functions system monitors the battery or system and DTCs must be stored according to properly). For systems that have more voltage and will detect a malfunction at the provisions of paragraph (b) of this than one shaft to operate valves in the voltage used to disable other section. multiple intake banks, the manufacturer monitors. (B) The MIL need not be activated in is not required to add more than one set (B) For an OBD monitor affected by conjunction with storing a MIL-on DTC of detection hardware (e.g., sensor, high engine battery or system voltages, for any comprehensive component if: switch) per intake bank to meet this the manufacturer may disable the component or system, when requirement. monitoring when the battery or system malfunctioning, could not cause engine (5) Exceptions to OBD monitoring voltage exceeds a manufacturer-defined emissions to increase by 15 percent or requirements. voltage. To do so, the manufacturer more of the applicable FTP standard (i) The Administrator may revise the must submit data and/or engineering during any reasonable driving PM filtering performance malfunction analyses that demonstrate that condition; or, the component or system criteria for DPFs to exclude detection of monitoring above the manufacturer- is not used as part of the monitoring specific failure modes such as partially defined voltage is unreliable and that strategy for any other system or melted substrates, if the most reliable either the electrical charging system/ component that is required to be monitoring method developed requires alternator warning light will be monitored. it. activated (or voltage gauge would be in (C) The MIL need not be activated if (ii) The manufacturer may disable an the ‘‘red zone’’) or the OBD system a malfunction has been detected in the OBD system monitor at ambient engine monitors the battery or system voltage MIL circuit that prevents the MIL from start temperatures below 20 degrees and will detect a malfunction at the activating (e.g., burned out bulb or light- Fahrenheit (low ambient temperature voltage used to disable other monitors. emitting diode, LED). Nonetheless, the conditions may be determined based on (v) The manufacturer may also disable electronic MIL status (see paragraph intake air or engine coolant temperature affected OBD monitors in systems (k)(4)(ii) of this section) must be at engine start) or at elevations higher designed to accommodate the

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installation of power take off (PTO) J1978 or SAE J1939 (both as specified in The manufacturer must be able to show units provided monitors are disabled paragraph (k)(1) of this section) scan that the off-board device is able to verify only while the PTO unit is active and tool. that the vehicles tested using the device the OBD readiness status (see paragraph (ii) Selection of Test Vehicles. are able to perform all of the required (k)(4)(i) of this section) is cleared by the (A) The manufacturer must perform functions in paragraph (j)(1)(iv) of this onboard computer (i.e., all monitors set this testing every model year on ten section with any other off-board device to indicate ‘‘not complete’’ or ‘‘not unique production vehicles (i.e., engine designed and built in accordance with ready’’) while the PTO unit is activated. rating and chassis application the SAE J1978 or SAE J1939 (both as If monitors are so disabled and when combination) per engine family. If there specified in paragraph (k)(1) of this the disablement ends, the readiness are less than ten unique production section) generic scan tool specifications. status may be restored to its state prior vehicles for a certain engine family, the (iv) Required testing. The testing must to PTO activation. manufacturer must test each unique verify that communication can be (6) Feedback control system production vehicle in that engine established properly between all monitoring. If the engine is equipped family. The manufacturer must perform emission-related on-board computers with feedback control of any of the this testing within either three months and a SAE J1978 or SAE J1939 (both as systems covered in paragraphs (g), (h) of the start of engine production or one specified in paragraph (k)(1) of this and (i) of this section, then the OBD month of the start of vehicle production, section) scan tool designed to adhere system must detect as malfunctions the whichever is later. The manufacturer strictly to the communication protocols conditions specified in this paragraph may request approval to group multiple allowed in paragraph (k)(3) of this (i)(6) for each of the individual feedback production vehicles together and test section. The testing must also verify that controls. one representative vehicle per group. To all emission-related information is (i) The OBD system must detect when do so, the software and hardware communicated properly between all the system fails to begin feedback designed to comply with the emission-related on-board computers control within a manufacturer specified standardization requirements of and a SAE J1978 or SAE J1939 (both as time interval. paragraph (k)(1) of this section (e.g., specified in paragraph (k)(1) of this (ii) When any malfunction or communication protocol message section) scan tool in accordance with deterioration causes open loop or limp- timing, number of supported data the requirements of paragraph (k)(1) of home operation. stream parameters, engine and vehicle this section and the applicable ISO and (iii) When feedback control has used communication network architecture) in SAE specifications including up all of the adjustment allowed by the the representative vehicle must be specifications for physical layer, manufacturer. identical to all others in the group and network layer, message structure, and (iv) A manufacturer may temporarily any differences in the production message content. The testing must also disable monitoring for malfunctions vehicles cannot be relevant with respect verify that the onboard computer(s) can specified in paragraph (i)(6)(iii) of this to meeting the criteria of paragraph properly respond to a SAE J1978 or SAE section during conditions that the (j)(1)(iv) of this section. J1939 (both as specified in paragraph specific monitor cannot distinguish (B) For 2016 and subsequent model (k)(1) of this section) scan tool request robustly between a malfunctioning years, the required number of vehicles to clear emissions-related DTCs and system and a properly operating system. to be tested shall be reduced to five per reset the ready status in accordance To do so, the manufacturer is required engine family provided zero vehicles with paragraph (k)(4)(ix) of this section. to submit data and/or engineering fail the testing required by paragraph The testing must further verify that the analyses demonstrating that the (j)(1) of this section for two consecutive following information can be properly individual feedback control system, years. communicated to a SAE J1978 or SAE when operating as designed on an (C) For 2019 and subsequent model J1939 (both as specified in paragraph engine with all emission controls years, the required number of vehicles (k)(1) of this section) scan tool: working properly, routinely operates to be tested shall be reduced to three per (A) The current ready status from all during these conditions while having engine family provided zero vehicles onboard computers required to support used up all of the adjustment allowed fail the testing required by paragraph ready status in accordance with SAE by the manufacturer. In lieu of (j)(1) of this section for three J1978 or SAE J1939–73 (both as detecting, with a system specific consecutive years. specified in paragraph (k)(1) of this monitor, the malfunctions specified in (D) The requirement for submittal of section) and paragraph (k)(4)(i) of this paragraphs (i)(6)(i) and (i)(6)(ii) of this data from one or more of the production section in the key-on, engine-off section the OBD system may monitor vehicles shall be waived if data have position and while the engine is the individual parameters or been submitted previously for all of the running. components that are used as inputs for production vehicles. The manufacturer (B) The MIL command status while a individual feedback control systems may request approval to carry over data deactivated MIL is commanded and provided that the monitors detect all collected in previous model years. To while an activated MIL is commanded malfunctions that meet the criteria of do so, the software and hardware in accordance with SAE J1979 or SAE paragraphs (i)(6)(i) and (i)(6)(ii) of this designed to comply with the J1939 (both as specified in paragraph section. standardization requirements of (k)(1) of this section) and paragraph (j) Production evaluation testing. paragraph (k)(1) of this section must be (k)(4)(ii) of this section in the key-on, (1) Verification of Standardization identical to the previous model year and engine-off position and while the engine Requirements. there must not have been other is running, and in accordance with SAE (i) For model years 2013 and later, the hardware or software changes that affect J1979 or SAE J1939 (both as specified in manufacturer must perform testing to compliance with the standardization paragraph (k)(1) of this section) and verify that production vehicles meet the requirements. paragraphs (b)(1)(ii) of this section requirements of paragraphs (k)(3) and (iii) Test equipment. For the testing during the MIL functional check, if (k)(4) of this section relevant to the required by paragraph (j)(1) of this applicable, and, if applicable, (k)(4)(i)(C) proper communication of required section, the manufacturer shall use an of this section during the MIL ready emissions-related messages to a SAE off-board device to conduct the testing. status check while the engine is off.

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(C) All data stream parameters required by paragraph (j)(1) of this (D) Malfunctions may be implanted required in paragraph (k)(4)(ii) of this section. mechanically or simulated section in accordance with SAE J1979 or (2) Verification of monitoring electronically, but internal onboard SAE J1939 (both as specified in requirements. computer hardware or software changes paragraph (k)(1) of this section) (i) Within either the first six months shall not be used to simulate including, if applicable, the proper of the start of engine production or the malfunctions. For monitors that are identification of each data stream first three months of the start of vehicle required to indicate a malfunction parameter as supported in SAE J1979 production, whichever is later, the before emissions exceed an emission (e.g., Mode/Service $01, PID $00). manufacturer must conduct a complete threshold, manufacturers are not (D) The CAL ID, CVN, and VIN as evaluation of the OBD system of one or required to use malfunctioning required by paragraphs (k)(4)(vi), more production vehicles (test vehicles) components/systems set exactly at their (k)(4)(vii), and (k)(4)(viii) of this section and submit the results of the evaluation malfunction criteria limits. Emission and in accordance with SAE J1979 or to the Administrator. testing is not required to confirm that SAE J1939 (both as specified in (ii) Selection of test vehicles. the malfunction is detected before the paragraph (k)(1) of this section). (A) For each engine selected for appropriate emission thresholds are (E) An emissions-related DTC monitoring system demonstration in exceeded. (permanent, pending, MIL-on, previous- paragraph (l) of this section, the (E) The manufacturer must submit a MIL-on) in accordance with SAE J1979 manufacturer must evaluate one proposed test plan for approval prior to or SAE J1939–73 (both as specified in production vehicle equipped with an performing evaluation testing. The test paragraph (k)(1) of this section) engine from the same engine family and plan must identify the method used to including the correct indication of the rating as the demonstration engine. The induce a malfunction for each monitor. number of stored DTCs (e.g., Mode/ vehicle selection must be approved by (F) If the demonstration of a specific Service $01, PID $01, Data A for SAE the Administrator. monitor cannot be reasonably performed (B) If the manufacturer is required to J1979 (as specified in paragraph (k)(1) of without causing physical damage to the test more than one test vehicle, the this section)) and paragraph (k)(4)(iv) of test vehicle (e.g., onboard computer manufacturer may test an engine in lieu this section. internal circuit malfunctions), the of a vehicle for all but one of the (v) Reporting of results. The manufacturer may omit the specific required test vehicles. demonstration. manufacturer must submit to the (C) The requirement for submittal of Administrator the following, based on data from one or more of the test (G) For evaluation of test vehicles the results of the testing required by vehicles may be waived if data have selected in accordance with paragraph paragraph (j)(1)(iv) of this section: been submitted previously for all of the (j)(2)(ii) of this section, the manufacturer (A) If a variant meets all the engine ratings and variants. is not required to demonstrate monitors requirements of paragraph (j)(1)(iv) of (iii) Evaluation requirements. that were demonstrated prior to this section, a statement specifying that (A) The evaluation must demonstrate certification as required in paragraph (l) the variant passed all the tests. Upon the ability of the OBD system on the of this section. request from the Administrator, the selected test vehicle to detect a (iv) The manufacturer must submit a detailed results of any such testing may malfunction, activate the MIL, and, report of the results of all testing have to be submitted. where applicable, store an appropriate conducted as required by paragraph (B) If any variant does not meet the DTC readable by a scan tool when a (j)(2) of this section. The report must requirements paragraph (j)(1)(iv) of this malfunction is present and the identify the method used to induce a section, a written report detailing the monitoring conditions have been malfunction in each monitor, the MIL problem(s) identified and the satisfied for each individual monitor activation status, and the DTC(s) stored. manufacturer’s proposed corrective required by this section. For model (3) Verification of in-use monitoring action (if any) to remedy the problem(s). years 2013 and later, the evaluation performance ratios. This report must be submitted within must demonstrate the ability of the OBD (i) The manufacturer must collect and one month of testing the specific system on the selected test vehicle to report in-use monitoring performance variant. The Administrator will consider detect a malfunction, activate the MIL, data representative of production the proposed remedy and, if in and, where applicable, store an vehicles (i.e., engine rating and chassis disagreement, will work with the appropriate DTC readable by a SAE application combination). The manufacturer to propose an alternative J1978 or SAE J1939 (both as specified in manufacturer must collect and report remedy. Factors to be considered by the paragraph (k)(1) of this section) scan the data to the Administrator within 12 Administrator in considering the tool when a malfunction is present and months after the first production vehicle proposed remedy will include the the monitoring conditions have been was first introduced into commerce. severity of the problem(s), the ability of satisfied for each individual monitor (ii) The manufacturer must separate service technicians to access the required by this section. production vehicles into the monitoring required diagnostic information, the (B) The evaluation must verify that performance groups and submit data impact on equipment and tool the malfunction of any component used that represents each of these groups. manufacturers, and the amount of time to enable another OBD monitor but that The groups shall be based on the prior to implementation of the proposed does not itself result in MIL activation following criteria: corrective action. (e.g., fuel level sensor) will not inhibit (A) Emission control system (vi) Alternative testing protocols. the ability of other OBD monitors to architecture. All engines that use the Manufacturers may request approval to detect malfunctions properly. same or similar emissions control use other testing protocols. To do so, the (C) The evaluation must verify that system architecture (e.g., EGR with DPF manufacturer must demonstrate that the the software used to track the numerator and SCR; EGR with DPF and NOX alternative testing methods and and denominator for the purpose of adsorber; EGR with DPF-only) and equipment will provide an equivalent determining in-use monitoring associated monitoring system would be level of verification of compliance with frequency increments as required by in the same emission architecture the standardization requirements as is paragraph (d)(2) of this section. category.

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(B) Vehicle application type. Within reference, see § 86.1. Anyone may vehicle and protected from accidental an emission architecture category, inspect copies at the U.S. EPA or at the damage during normal vehicle use. engines shall be separated into one of National Archives and Records (ii) For model years 2013 and later, if three vehicle application types: Engines Administration (NARA). For the connector is covered, the cover must intended primarily for line-haul chassis information on the availability of this be removable by hand without the use applications, engines intended material at U.S. EPA, NARA, or the of any tools and be labeled ‘‘OBD’’ to primarily for urban delivery chassis standard making bodies directly, refer to aid technicians in identifying the applications, and all other engines. § 86.1. location of the connector. Access to the (iii) The manufacturer may use an (i) SAE J1930, Revised April 2002. diagnostic connector shall not require alternative grouping method to collect (ii) SAE J1939, Revised October 2007. opening or the removal of any storage representative data. To do so, the (iii) SAE J1939–13, Revised March accessory (e.g., ashtray, coinbox). The manufacturer must show that the 2004, for model years 2013 and later. label must clearly identify that the alternative groups include production (iv) SAE J1939–73, Revised September connector is located behind the cover vehicles using similar emission 2006. and is consistent with language and/or controls, OBD strategies, monitoring (v) SAE J1962, Revised April 2002, for symbols commonly used in the condition calibrations, and vehicle model years 2013 and later. automobile and/or heavy truck industry. application driving/usage patterns such (vi) SAE J1978, Revised April 2002. (iii) For model years 2013 and later, if the ISO 15765–4:2005(E) (as specified that they are expected to have similar (vii) SAE J1979, Revised May 2007. in paragraph (k)(1) of this section) in-use monitoring performance. The (viii) SAE J2012, Revised April 2002. communication protocol is used for the manufacturer will still be required to (ix) SAE J2403, Revised August 2007. required OBD standardized functions, submit one set of data for each of the (x) ISO 15765–4:2005(E), January 15, alternative groups. the connector must meet the ‘‘Type A’’ 2005. (iv) For each monitoring performance specifications of SAE J1962 (as specified group, the data must include all of the (2) Diagnostic connector. For model in paragraph (k)(1) of this section). Any in-use performance tracking data (i.e., years 2010 through 2012, the pins in the connector that provide all numerators, denominators, the manufacturer defined data link electrical power must be properly fused general denominator, and the ignition connector must be accessible to a to protect the integrity and usefulness of cycle counter), the date the data were trained service technician. For model the connector for diagnostic purposes collected, the odometer reading, the years 2013 and later, a standard data and shall not exceed 20.0 Volts DC VIN, and the calibration ID. For model link connector conforming to SAE J1962 regardless of the nominal vehicle system years 2013 and later, for each (as specified in paragraph (k)(1) of this or battery voltage (e.g., 12V, 24V, 42V). monitoring performance group, the data section) or SAE J1939–13 (as specified (iv) For model years 2013 and later, if must include all of the in-use in paragraph (k)(1) of this section) the SAE J1939 (as specified in paragraph performance tracking data reported specifications (except as provided for in (k)(1) of this section) protocol is used for through SAE J1979 or SAE J1939 (both paragraph (k)(2)(iii) if this section) must the required OBD standardized as specified in paragraph (k)(1) of this be included in each vehicle. functions, the connector must meet the section; i.e., all numerators, (i) For model years 2013 and later, the specifications of SAE J1939–13 (as denominators, the general denominator, connector must be located in the specified in paragraph (k)(1) of this and the ignition cycle counter), the date driver’s side foot-well region of the section). Any pins in the connector that the data were collected, the odometer vehicle interior in the area bound by the provide electrical power must be reading, the VIN, and the calibration ID. driver’s side of the vehicle and the properly fused to protect the integrity (v) The manufacturer must submit a driver’s side edge of the center console and usefulness of the connector for plan to the Administrator that details (or the vehicle centerline if the vehicle diagnostic purposes. the types of production vehicles in each does not have a center console) and at (v) For model years 2013 and later, monitoring performance group, the a location no higher than the bottom of the manufacturer may equip engines/ number of vehicles per group to be the steering wheel when in the lowest vehicles with additional diagnostic sampled, the sampling method, the adjustable position. The connector shall connectors for manufacturer-specific timeline to collect the data, and the not be located on or in the center purposes (i.e., purposes other than the reporting format. The plan must provide console (i.e., neither on the horizontal required OBD functions). However, if for effective collection of data from, at faces near the floor-mounted gear the additional connector conforms to least, 15 vehicles per monitoring selector, parking brake lever, or cup- the ‘‘Type A’’ specifications of SAE performance group and provide for data holders nor on the vertical faces near J1962 (as specified in paragraph (k)(1) of that represent a broad range of the car stereo, climate system, or this section) or the specifications of SAE temperature conditions. The plan shall navigation system controls). The J1939–13 (as specified in paragraph not, by design, exclude or include location of the connector shall be (k)(1) of this section) and is located in specific vehicles in an attempt to collect capable of being easily identified and the vehicle interior near the required data only from vehicles expected to accessed (e.g., to connect an off-board connector as described in this paragraph have the highest in-use performance tool). For vehicles equipped with a (k)(2), the connector(s) must be labeled ratios. driver’s side door, the connector must clearly to identify which connector is (vi) The 12 month deadline for be identified and accessed easily by used to access the standardized OBD reporting may be extended to 18 months someone standing (or ‘‘crouched’’) on information required by paragraph (k) of if the manufacturer can show that the the ground outside the driver’s side of this section. delay is justified. In such a case, an the vehicle with the driver’s side door (3) Communications to a scan tool. interim report of progress to date must open. The Administrator may approve For model years 2013 and later, all OBD be submitted within the 12 month an alternative location upon request control modules (e.g., engine, auxiliary deadline. from the manufacturer. In all cases, the emission control module) on a single (k) Standardization requirements. installation position of the connector vehicle must use the same protocol for (1) Reference materials. The following must be both identified and accessed communication of required emission- documents are incorporated by easily by someone standing outside the related messages from on-board to off-

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board network communications to a monitored components or systems must signals may report an error state or other scan tool meeting SAE J1978 (as indicate ‘‘not complete’’ whenever predefined status indicator if they are specified in paragraph (k)(1) of this diagnostic memory has been cleared or defined for those signals in the SAE section) specifications or designed to erased by a means other than that J1979 or SAE J1939 (both as specified in communicate with an SAE J1939 (as allowed in paragraph (b) of this section. paragraph (k)(1) of this section) specified in paragraph (k)(1) of this Normal vehicle shut down (i.e., key-off/ specifications. section) network. Engine manufacturers engine-off) shall not cause the status to (A) For gasoline engines. shall not alter normal operation of the indicate ‘‘not complete.’’ (1) Calculated load value, engine engine emission control system due to (A) The manufacturer may request coolant temperature, engine speed, the presence of off-board test equipment that the ready status for a monitor be set vehicle speed, and time elapsed since accessing information required by this to indicate ‘‘complete’’ without the engine start. paragraph (k). The OBD system must monitor having completed if monitoring (2) Absolute load, fuel level (if used use one of the following standardized is disabled for a multiple number of to enable or disable any other monitors), protocols: drive cycles due to the continued barometric pressure (directly measured (i) ISO 15765–4:2005(E) (as specified presence of extreme operating or estimated), engine control module in paragraph (k)(1) of this section). All conditions (e.g., cold ambient system voltage, and commanded required emission-related messages temperatures, high altitudes). Any such equivalence ratio. using this protocol must use a 500 kbps request must specify the conditions for (3) Number of stored MIL-on DTCs, baud rate. monitoring system disablement and the catalyst temperature (if directly (ii) SAE J1939 (as specified in number of drive cycles that would pass measured or estimated for purposes of paragraph (k)(1) of this section). This without monitor completion before enabling the catalyst monitor(s)), protocol may only be used on vehicles ready status would be indicated as monitor status (i.e., disabled for the rest with diesel engines. ‘‘complete.’’ of this drive cycle, complete this drive (4) Required emission related (B) For the evaporative system cycle, or not complete this drive cycle) functions. The following functions must monitor, the ready status must be set in since last engine shut-off for each be implemented and must be accessible accordance with this paragraph (k)(4)(i) monitor used for ready status, distance by, at a minimum, a manufacturer scan when both the functional check of the traveled (or engine run time for engines tool. For model years 2013 and later, the purge valve and, if applicable, the leak not using vehicle speed information) following standardized functions must detection monitor of the hole size while MIL activated, distance traveled be implemented in accordance with the specified in paragraph (h)(7)(ii)(B) of (or engine run time for engines not specifications in SAE J1979 (as specified this section indicate that they are using vehicle speed information) since in paragraph (k)(1) of this section) or complete. DTC memory last erased, and number of SAE J1939 (as specified in paragraph (C) If the manufacturer elects to warm-up cycles since DTC memory last (k)(1) of this section) to allow for access indicate ready status through the MIL in erased, OBD requirements to which the to the required information by a scan the key-on/engine-off position as engine is certified (e.g., California OBD, tool meeting SAE J1978 (as specified in provided for in paragraph (b)(1)(iii) of EPA OBD, European OBD, non-OBD) paragraph (k)(1) of this section) this section, the ready status must be and MIL status (i.e., commanded-on or specifications or designed to indicated in the following manner: If the commanded-off). communicate with an SAE J1939 (as ready status for all monitored (B) For diesel engines. specified in paragraph (k)(1) of this components or systems is ‘‘complete,’’ (1) Calculated load (engine torque as section) network: the MIL shall remain continuously a percentage of maximum torque (i) Ready status. The OBD system activated in the key-on/engine-off available at the current engine speed), must indicate, in accordance with SAE position for at least 10–20 seconds. If driver’s demand engine torque (as a J1979 or SAE J1939–73 (both as the ready status for one or more of the percentage of maximum engine torque), specified in paragraph (k)(1) of this monitored components or systems is actual engine torque (as a percentage of section) specifications for model years ‘‘not complete,’’ after at least 5 seconds maximum engine torque), reference 2013 and later, ‘‘complete’’ or ‘‘not of operation in the key-on/engine-off engine maximum torque, reference complete’’ for each of the installed position with the MIL activated maximum engine torque as a function of monitored components and systems continuously, the MIL shall blink once engine speed (suspect parameter identified in paragraphs (g), (h) with the per second for 5–10 seconds. The data numbers (SPN) 539 through 543 defined exception of (h)(4), and (i)(3) of this stream value for MIL status as required by SAE J1939 (as specified in paragraph section. All components or systems in paragraph (k)(4)(ii) of this section (k)(1) of this section) within parameter identified in paragraphs (h)(1), (h)(2), or must indicate ‘‘commanded off’’ during group number (PGN) 65251 for engine (i)(3) of this section that are monitored this sequence unless the MIL has also configuration), engine coolant continuously must always indicate been ‘‘commanded on’’ for a detected temperature, engine oil temperature (if ‘‘complete.’’ Components or systems malfunction. used for emission control or any OBD that are not subject to being monitored (ii) Data stream. For model years 2010 monitors), engine speed, and time continuously must immediately indicate through 2012, the following signals elapsed since engine start. ‘‘complete’’ upon the respective must be made available on demand (2) Fuel level (if used to enable or monitor(s) being executed fully and through the data link connector. For disable any other monitors), vehicle determining that the component or model years 2013 and later, the speed (if used for emission control or system is not malfunctioning. A following signals must be made any OBD monitors), barometric pressure component or system must also indicate available on demand through the (directly measured or estimated), and ‘‘complete’’ if, after the requisite standardized data link connector in engine control module system voltage. number of decisions necessary for accordance with SAE J1979 or SAE (3) Number of stored MIL-on DTCs, determining MIL status has been J1939 (both as specified in paragraph monitor status (i.e., disabled for the rest executed fully, the monitor indicates a (k)(1) of this section) specifications. The of this drive cycle, complete this drive malfunction of the component or actual signal value must always be used cycle, or not complete this drive cycle) system. The status for each of the instead of a limp home value. Data link since last engine shut-off for each

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monitor used for ready status, distance variable geometry turbo position, connector in a standardized format in traveled (or engine run time for engines commanded variable geometry turbo accordance with SAE J1939 (as specified not using vehicle speed information) position, turbocharger compressor inlet in paragraph (k)(1) of this section) or while MIL activated, distance traveled temperature, turbocharger compressor ISO 15765–4:2005(E) (as specified in (or engine run time for engines not inlet pressure, turbocharger turbine inlet paragraph (k)(1) of this section) using vehicle speed information) since temperature, turbocharger turbine outlet specifications; standardized DTCs DTC memory last erased, number of temperature, waste gate valve position, conforming to the applicable warm-up cycles since DTC memory last and glow plug lamp status. standardized specifications must be erased, OBD requirements to which the (2) Oxygen sensor output, air/fuel employed. engine is certified (e.g., California OBD, ratio sensor output, NOX sensor output, (B) The stored DTC must, to the extent EPA OBD, European OBD, non-OBD), and evaporative system vapor pressure. possible, pinpoint the probable cause of and MIL status (i.e., commanded-on or (iii) Freeze frame. the malfunction or potential commanded-off). (A) For model years 2010 through malfunction. To the extent feasible, the (4) NOX NTE control area status (i.e., 2012, ‘‘Freeze frame’’ information manufacturer must use separate DTCs inside control area, outside control area, required to be stored pursuant to for every monitor where the monitor inside manufacturer-specific NOX NTE paragraphs (b)(2)(iv), (h)(1)(iv)(D), and and repair procedure or probable cause carve-out area, or deficiency active area) (h)(2)(vi) of this section must be made of the malfunction is different. In and PM NTE control area status (i.e., available on demand through the data general, rationality and functional inside control area, outside control area, link connector. For model years 2013 checks must use different DTCs than the inside manufacturer-specific PM NTE and later, ‘‘Freeze frame’’ information respective circuit integrity checks. carve-out area, or deficiency active required to be stored pursuant to Additionally, to the extent possible, area). paragraphs (b)(2)(iv), (h)(1)(iv)(D), and input component circuit integrity (5) For purposes of the calculated load (h)(2)(vi) of this section must be made checks must use different DTCs for and torque parameters in paragraph available on demand through the distinct malfunctions (e.g., out-of-range (k)(4)(ii)(B)(1) of this section, standardized data link connector in low, out-of-range high, open circuit). manufacturers must report the most accordance with SAE J1979 or SAE (C) The manufacturer must use accurate values that are calculated J1939–73 (both as specified in paragraph appropriate standard-defined DTCs within the applicable electronic control (k)(1) of this section) specifications. whenever possible. With Administrator unit (e.g., the engine control module). (B) ‘‘Freeze frame’’ conditions must approval, the manufacturer may use Most accurate, in this context, must be include the DTC that caused the data to manufacturer-defined DTCs in of sufficient accuracy, resolution, and be stored along with all of the signals accordance with the applicable filtering to be used for the purposes of required in paragraphs (k)(4)(ii)(A)(1) standard’s specifications. To do so, the in-use emission testing with the engine and (k)(4)(ii)(B)(1) of this section. Freeze manufacturer must be able to show a still in a vehicle (e.g., using portable frame conditions must also include all lack of available standard-defined DTCs, emission measurement equipment). of the signals required on the engine in uniqueness of the monitor or monitored (C) For all engines so equipped. paragraphs (k)(4)(ii)(A)(2) and component, expected future usage of the (1) Absolute throttle position, relative (k)(4)(ii)(B)(2) of this section, and monitor or component, and estimated throttle position, fuel control system paragraph (k)(4)(ii)(C)(1) of this section usefulness in providing additional status (e.g., open loop, closed loop), fuel that are used for diagnostic or control diagnostic and repair information to trim, fuel pressure, ignition timing purposes in the specific monitor or service technicians. Manufacturer- advance, fuel injection timing, intake emission-critical powertrain control defined DTCs must be used in a air/manifold temperature, engine unit that stored the DTC. consistent manner (i.e., the same DTC intercooler temperature, manifold (C) Only one frame of data is required shall not be used to represent two absolute pressure, air flow rate from to be recorded. For model years 2010 different failure modes) across a mass air flow sensor, secondary air through 2012, the manufacturer may manufacturer’s entire product line. status (upstream, downstream, or choose to store additional frames (D) For model years 2010 through atmosphere), ambient air temperature, provided that at least the required frame 2012, a pending or MIL-on DTC (as commanded purge valve duty cycle/ can be read by, at a minimum, a required in paragraphs (g) through (i) of position, commanded EGR valve duty manufacturer scan tool. For model years this section) must be stored and cycle/position, actual EGR valve duty 2013 and later, the manufacturer may available to, at a minimum, a cycle/position, EGR error between choose to store additional frames manufacturer scan tool within 10 actual and commanded, PTO status provided that at least the required frame seconds after a monitor has determined (active or not active), redundant can be read by a scan tool meeting SAE that a malfunction or potential absolute throttle position (for electronic J1978 (as specified in paragraph (k)(1) of malfunction has occurred. A permanent throttle or other systems that utilize two this section) specifications or designed DTC must be stored and available to, at or more sensors), absolute pedal to communicate with an SAE J1939 (as a minimum, a manufacturer scan tool no position, redundant absolute pedal specified in paragraph (k)(1) of this later than the end of an ignition cycle position, commanded throttle motor section) network. in which the corresponding MIL-on position, fuel rate, boost pressure, (iv) Diagnostic trouble codes. DTC that caused MIL activation has commanded/target boost pressure, turbo (A) For model years 2010 through been stored. For model years 2013 and inlet air temperature, fuel rail pressure, 2012, For all monitored components later, a pending or MIL-on DTC (as commanded fuel rail pressure, DPF inlet and systems, any stored pending, MIL- required in paragraphs (g) through (i) of pressure, DPF inlet temperature, DPF on, and previous-MIL-on DTCs must be this section) must be stored and outlet pressure, DPF outlet temperature, made available through the diagnostic available to an SAE J1978 (as specified DPF delta pressure, exhaust pressure connector. For model years 2013 and in paragraph (k)(1) of this section) or sensor output, exhaust gas temperature later, all monitored components and SAE J1939 (as specified in paragraph sensor output, injection control systems, any stored pending, MIL-on, (k)(1) of this section) scan tool within 10 pressure, commanded injection control and previous-MIL-on DTCs must be seconds after a monitor has determined pressure, turbocharger/turbine speed, made available through the diagnostic that a malfunction or potential

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malfunction has occurred. A permanent NVRAM. If the number of MIL-on DTCs cleared must report values of zero for DTC must be stored and available to an currently commanding activation of the the test result and test limits. SAE J1978 (as specified in paragraph MIL exceeds the maximum number of (E) All test results and test limits must (k)(1) of this section) or SAE J1939 (as permanent DTCs that can be stored, the always be reported and the test results specified in paragraph (k)(1) of this OBD system must store the earliest must be stored until updated by a more section) scan tool no later than the end detected MIL-on DTC as permanent recent valid test result or the DTC of an ignition cycle in which the DTC. If additional MIL-on DTCs are memory of the OBD system computer is corresponding MIL-on DTC that caused stored when the maximum number of cleared. MIL activation has been stored. permanent DTCs is already stored in (F) The OBD system must store and (E) For model years 2010 through NVRAM, the OBD system shall not report unique test results for each 2012, pending DTCs for all components replace any existing permanent DTC separate monitor. and systems (including those monitored with the additional MIL-on DTCs. (G) The requirements of this continuously and non-continuously) (v) Test results. paragraph (k)(4)(v) do not apply to must be made available through the (A) For model years 2010 through continuous fuel system monitoring, cold diagnostic connector. For model years 2012 and except as provided for in start emission reduction strategy 2013 and later, pending DTCs for all paragraph (k)(4)(v)(G) of this section, for monitoring, and continuous circuit monitoring. components and systems (including all monitored components and systems (vi) Software calibration identification those monitored continuously and non- identified in paragraphs (g) and (h) of (CAL ID). On all engines, a single continuously) must be made available this section, results of the most recent through the diagnostic connector in software calibration identification monitoring of the components and number (CAL ID) for each monitor or accordance with the applicable systems and the test limits established standard’s specifications. For all model emission critical control unit(s) must be for monitoring the respective made available through, for model years years, a manufacturer using alternative components and systems must be stored statistical protocols for MIL activation 2010 through 2012, the data link and available through the data link. For connector or, for model years 2013 and as allowed in paragraph (b)(2)(iii) of this model years 2013 and later and except section must submit the details of their later, the standardized data link as provided for in paragraph (k)(4)(v)(G) connector in accordance with the SAE protocol for setting pending DTCs. The of this section, for all monitored protocol must be, overall, equivalent to J1979 or SAE J1939 (both as specified in components and systems identified in paragraph (k)(1) of this section) the requirements of this paragraph paragraphs (g) and (h) of this section, (k)(4)(iv)(E) and provide service specifications. A unique CAL ID must results of the most recent monitoring of be used for every emission-related technicians with a quick and accurate the components and systems and the indication of a potential malfunction. calibration and/or software set having at test limits established for monitoring the (F) For model years 2010 through least one bit of different data from any respective components and systems 2012, permanent DTC for all other emission-related calibration and/ components and systems must be made must be stored and available through or software set. Control units coded available through the diagnostic the data link in accordance with the with multiple emission or diagnostic connector in a format that distinguishes standardized format specified in SAE calibrations and/or software sets must permanent DTCs from pending DTCs, J1979 (as specified in paragraph (k)(1) of indicate a unique CAL ID for each MIL-on DTCs, and previous-MIL-on this section) for engines using the ISO variant in a manner that enables an off- DTCs. A MIL-on DTC must be stored as 15765–4:2005(E) (as specified in board device to determine which variant a permanent DTC no later than the end paragraph (k)(1) of this section) protocol is being used by the engine. Control of the ignition cycle and subsequently at or SAE J1939 (as specified in paragraph units that use a strategy that will result all times that the MIL-on DTC is (k)(1) of this section). in MIL activation if the incorrect variant commanding the MIL on. For model (B) The test results must be reported is used (e.g., control units that contain years 2013 and later, permanent DTC for such that properly functioning variants for manual and automatic all components and systems must be components and systems (e.g., transmissions but will activate the MIL made available through the diagnostic ‘‘passing’’ systems) do not store test if the selected variant does not match connector in a standardized format that values outside of the established test the type of transmission mated to the distinguishes permanent DTCs from limits. Test limits must include both engine) are not required to use unique pending DTCs, MIL-on DTCs, and minimum and maximum acceptable CAL IDs. Manufacturers may request previous-MIL-on DTCs. A MIL-on DTC values and must be defined so that a test Administrator approval to respond with must be stored as a permanent DTC no result equal to either test limit is a more than one CAL ID per diagnostic or later than the end of the ignition cycle ‘‘passing’’ value, not a ‘‘failing’’ value. emission critical control unit. and subsequently at all times that the (C) For model years 2013 and later, Administrator approval of the request MIL-on DTC is commanding the MIL on. the test results must be standardized shall be based on the method used by For all model years, permanent DTCs such that the name of the monitored the manufacturer to ensure each control must be stored in non-volatile random component (e.g., catalyst bank 1) can be unit will respond to a scan tool with the access memory (NVRAM) and shall not identified by a generic scan tool and the CAL IDs in order of highest to lowest be erasable by any scan tool command test results and limits can be scaled and priority with regards to areas of the or by disconnecting power to the on- reported by a generic scan tool with the software most critical to emission and board computer. Permanent DTCs must appropriate engineering units. OBD system performance. be erasable if the engine control module (D) The test results must be stored (vii) Software calibration verification is reprogrammed and the ready status until updated by a more recent valid test number (CVN). described in paragraph (k)(4)(i) of this result or the DTC memory of the OBD (A) All engines must use an algorithm section for all monitored components system computer is cleared. Upon DTC to calculate a single calibration and systems are set to ‘‘not complete.’’ memory being cleared, test results verification number (CVN) that verifies The OBD system must have the ability reported for monitors that have not yet the on-board computer software to store a minimum of four current MIL- completed with valid test results since integrity for each monitor or emission on DTCs as permanent DTCs in the last time the fault memory was critical control unit that is electronically

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reprogrammable. The CVN must be vehicle shut down (i.e., key-off/engine- allow a scan tool to erase a subset of the made available through, for model years off). emission-related diagnostic information 2010 through 2012, the data link (D) For model years 2013 and later, (e.g., the OBD system shall not allow a connector or, for model years 2013 and the CVN and CAL ID combination scan tool to erase only one of three later, the standardized data link information must be available for all stored DTCs or only information from connector in accordance with the SAE engines/vehicles in a standardized one control unit without erasing J1979 or SAE J1939 (both as specified in electronic format that allows for off- information from the other control paragraph (k)(1) of this section) board verification that the CVN is valid unit(s)). specifications. The CVN must indicate and appropriate for a specific vehicle (5) In-use performance ratio tracking whether the emission-related software and CAL ID. requirements. and/or calibration data are valid and (viii) Vehicle identification number (i) For each monitor required in applicable for the given vehicle and (VIN). paragraphs (g) through (i) of this section CAL ID. For systems having more than (A) For model years 2010 through to separately report an in-use one CAL ID as allowed under paragraph 2012, all vehicles must have the vehicle performance ratio, manufacturers must (k)(4)(vi) of this section, one CVN must identification number (VIN) available implement software algorithms to, for be made available for each CAL ID and through the data link connector to, at a model years 2010 through 2012, report must be output to a scan tool in the minimum, a manufacturer scan tool a numerator and denominator or, for same order as the corresponding CAL Only one electronic control unit per model years 2013 and later, report a IDs. For 2010 through 2012, vehicle may report the VIN to a scan numerator and denominator in the tool. For model years 2013 and later, all manufacturers may use a default value standardized format specified in this vehicles must have the vehicle for the CVN if their emissions critical paragraph (k)(5) in accordance with the identification number (VIN) available in powertrain control modules are not SAE J1979 or SAE J1939 (both as a standardized format through the programmable in the field. For all years, specified in paragraph (k)(1) of this standardized data link connector in manufacturers may use a default value section) specifications. accordance with SAE J1979 or SAE for the CVN if their emissions critical (ii) For the numerator, denominator, J1939 (both as specified in paragraph powertrain control modules are one- general denominator, and ignition cycle (k)(1) of this section) specifications. time programmable or masked read-only Only one electronic control unit per counters required by paragraph (e) of memory. Any default CVN shall be vehicle may report the VIN to an SAE this section, the following numerical 00000000 for systems designed in J1978 or SAE J1939 (both as specified in value specifications apply: accordance with the SAE J1979 (as paragraph (k)(1) of this section) scan (A) Each number shall have a specified in paragraph (k)(1) of this tool. minimum value of zero and a maximum section) specifications, and FFFFFFFFh (B) If the VIN is reprogrammable, all value of 65,535 with a resolution of one. for systems designed in accordance with emission-related diagnostic information (B) Each number shall be reset to zero the SAE J1939 (as specified in paragraph identified in paragraph (k)(4)(ix)(A) of only when a non-volatile random access (k)(1) of this section) specifications. this section must be erased in memory (NVRAM) reset occurs (e.g., (B) The CVN algorithm used to conjunction with reprogramming of the reprogramming event) or, if the numbers calculate the CVN must be of sufficient VIN. are stored in keep-alive memory (KAM), complexity that the same CVN is (ix) Erasure of diagnostic information. when KAM is lost due to an difficult to achieve with modified (A) For purposes of this paragraph interruption in electrical power to the calibration values. (k)(4)(ix), ‘‘emission-related diagnostic control unit (e.g., battery disconnect). (C) The CVN must be calculated at information’’ includes all of the Numbers shall not be reset to zero under least once per ignition cycle and stored following: ready status as required by any other circumstances including until the CVN is subsequently updated. paragraph (k)(4)(i) of this section; data when a scan tool command to clear Except for immediately after a stream information as required by DTCs or reset KAM is received. reprogramming event or a non-volatile paragraph (k)(4)(ii) of this section (C) To avoid overflow problems, if memory clear or for the first 30 seconds including the number of stored MIL-on either the numerator or denominator for of engine operation after a volatile DTCs, distance traveled while MIL a specific component reaches the memory clear or battery disconnect, the activated, number of warm-up cycles maximum value of 65,535 ±2, both stored value must be made available since DTC memory last erased, and numbers shall be divided by two before through, for model years 2010 through distance traveled since DTC memory either is incremented again. 2012, the data link connector to, at a last erased; freeze frame information as (D) To avoid overflow problems, if the minimum, a manufacturer scan tool or, required by paragraph (k)(4)(iii) of this ignition cycle counter reaches the for model years 2013 and later, the data section; pending, MIL-on, and previous- maximum value of 65,535 ±2, the link connector to a generic scan tool in MIL-on DTCs as required by paragraph ignition cycle counter shall rollover and accordance with SAE J1979 or SAE (k)(4)(iv) of this section; and, test results increment to zero on the next ignition J1939 (both as specified in paragraph as required by paragraph (k)(4)(v) of this cycle. (k)(1) of this section) specifications. For section. (E) To avoid overflow problems, if the model years 2010 through 2012, the (B) For all engines, the emission- general denominator reaches the stored CVN value shall not be erased related diagnostic information must be maximum value of 65,535 ±2, the when DTC memory is erased or during erased if commanded by any scan tool general denominator shall rollover and normal vehicle shut down (i.e., key-off/ and may be erased if the power to the increment to zero on the next drive engine-off). For model years 2013 and on-board computer is disconnected. If cycle that meets the general later, the stored CVN value shall not be any of the emission-related diagnostic denominator definition. erased when DTC memory is erased by information is commanded to be erased (F) If a vehicle is not equipped with a generic scan tool in accordance with by any scan tool, all emission-related a component (e.g., oxygen sensor bank SAE J1979 or SAE J1939 (both as diagnostic information must be erased 2, secondary air system), the specified in paragraph (k)(1) of this from all diagnostic or emission critical corresponding numerator and section) specifications or during normal control units. The OBD system shall not denominator for that specific

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component shall always be reported as manufacturer scan tool and may be (A) A manufacturer certifying one to zero. rescaled when transmitted from a five engine families in a given model (iii) For the ratio required by resolution of one second per bit to no year must provide emissions test data paragraph (e) of this section, the more than three minutes per bit. For for a single test engine from one engine following numerical value model years 2013 and later, the counters rating. A manufacturer certifying six to specifications apply: shall be made available to a generic scan ten engine families in a given model (A) The ratio shall have a minimum tool in accordance with the SAE J1979 year must provide emissions test data value of zero and a maximum value of or SAE J1939 (both as specified in for a single test engine from two 7.99527 with a resolution of 0.000122. paragraph (k)(1) of this section) different engine ratings. A manufacturer (B) The ratio for a specific component specifications and may be rescaled certifying eleven or more engine shall be considered to be zero whenever when transmitted, if required by the families in a given model year must the corresponding numerator is equal to SAE specifications, from a resolution of provide emissions test data for a single zero and the corresponding one second per bit to no more than three test engine from three different engine denominator is not zero. minutes per bit. ratings. A manufacturer may forego (C) The ratio for a specific component (7) For 2019 and subsequent model submittal of test data for one or more of shall be considered to be the maximum year alternative-fueled engines derived these test engines if data have been value of 7.99527 if the corresponding from a diesel-cycle engine, a submitted previously for all of the denominator is zero or if the actual manufacturer may meet the engine ratings and/or if all requirements value of the numerator divided by the standardization requirements of for certification carry-over from one denominator exceeds the maximum paragraph (k) of this section that are model year to the next are satisfied. value of 7.99527. applicable to diesel engines rather than (B) For a given model year, a (6) Engine run time tracking the requirements applicable to gasoline manufacturer may elect to provide requirements. engines. emissions data for test engines from (i) For all gasoline and diesel engines, (l) Monitoring system demonstration more engine ratings than required by the manufacturer must implement requirements for certification. paragraph (l)(2)(iii)(A) of this section. software algorithms to, for model years (1) General. For each additional engine rating tested 2010 through 2012, track and report (i) The manufacturer must submit in that given model year, the number of individually or, for model years 2013 emissions test data from one or more engine ratings required for testing in one and later, track and report individually durability demonstration test engines future model year will be reduced by in a standardized format the amount of (test engines). one. time the engine has been operated in the (ii) The Administrator may approve (iv) For the test engine, the following conditions: other demonstration protocols if the manufacturer must use an engine (A) Total engine run time. manufacturer can provide comparable (excluding aftertreatment devices) aged (B) Total idle run time (with ‘‘idle’’ assurance that the malfunction criteria for a minimum of 125 hours fitted with defined as accelerator pedal released by are chosen based on meeting the exhaust aftertreatment emission controls the driver, engine speed less than or malfunction criteria requirements and aged to be representative of useful life equal to 200 rpm above normal warmed- that the timeliness of malfunction aging. In the event that an accelerated up idle (as determined in the drive detection is within the constraints of the aging procedure is used, the position for vehicles equipped with an applicable monitoring requirements. manufacturer is required to submit a automatic transmission) or vehicle (iii) For flexible fuel engines capable description of the accelerated aging speed less than or equal to one mile per of operating on more than one fuel or process and/or supporting data or use hour, and power take-off not active). fuel combinations, the manufacturer the accelerated aging procedure used for (C) Total run time with power take off must submit a plan for providing emission certification deterioration active. emission test data. The plan must factor generation. The process and/or (ii) For each counter specified in demonstrate that testing will represent data must demonstrate that paragraph (k)(6)(i) of this section, the properly the expected in-use fuel or fuel deterioration of the exhaust following numerical value combinations. aftertreatment emission controls is specifications apply: (2) Selection of test engines. stabilized sufficiently such that it (A) Each number shall be a four-byte (i) Prior to submitting any represents emission control value with a minimum value of zero, a applications for certification for a model performance at the end of the useful life. resolution of one second per bit, and an year, the manufacturer must notify the (3) Required testing. Except as accuracy of +/¥ ten seconds per drive Administrator regarding the planned otherwise described in this paragraph cycle. engine families and engine ratings (l)(3), the manufacturer must perform (B) Each number shall be reset to zero within each family for that model year. single malfunction testing based on the only when a non-volatile memory reset The Administrator will select the engine applicable test with the components/ occurs (e.g., reprogramming event). family(ies) and the specific engine systems set at their malfunction criteria Numbers shall not be reset to zero under rating within the engine family(ies) that limits as determined by the any other circumstances including the manufacturer shall use as manufacturer for meeting the emissions when a scan tool (generic or enhanced) demonstration test engines. The thresholds required in paragraphs (g), command to clear fault codes or reset selection of test vehicles for production (h), and (i) of this section. KAM is received. evaluation testing as specified in (i) Required testing for diesel-fueled/ (C) To avoid overflow problems, if paragraph (j)(2) of this section may take compression ignition engines. any of the individual counters reach the place during this selection process. (A) Fuel system. The manufacturer maximum value, all counters shall be (ii) For model years 2010 through must perform a separate test for each divided by two before any are 2012. The manufacturer must provide malfunction limit established by the incremented again. emissions test data from the OBD parent manufacturer for the fuel system (D) For model years 2010 through rating as defined in paragraph (o)(1) of parameters (e.g., fuel pressure, injection 2012, the counters shall be made this section. timing) specified in paragraphs available to, at a minimum, a (iii) For model years 2013 and later. (g)(1)(ii)(A) through (g)(1)(ii)(C) and/or

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(g)(1)(ii)(D) of this section, if applicable, (F) NOX catalyst. The manufacturer performing a test, all exhaust gas of this section. When performing a test must perform a separate test for each sensors used for the same purpose (e.g., for a specific parameter, the fuel system monitored NOX catalyst(s) (e.g., SCR for the same feedback control loop, for must be operating at the malfunction catalyst). The catalyst(s) being evaluated the same control feature on parallel criteria limit for the applicable must be deteriorated to the applicable exhaust banks) must be operating at the parameter only. All other parameters malfunction criteria established by the malfunction criteria limit for the must be operating with normal manufacturer for the monitoring applicable parameter only. All other characteristics. In conducting the fuel required by paragraphs (g)(6)(ii)(A) and exhaust gas sensor parameters must be system demonstration tests, the (g)(6)(ii)(B) of this section and using operating with normal characteristics. manufacturer may use computer methods established by the (J) VVT system. The manufacturer modifications to cause the fuel system manufacturer in accordance with must perform a separate test for each to operate at the malfunction limit if the paragraph (l)(7) of this section. For each malfunction limit established by the manufacturer can demonstrate that the monitored NOX catalyst(s), the manufacturer for the monitoring computer modifications produce test manufacturer must also demonstrate required in paragraphs (g)(10)(ii)(A) and results equivalent to an induced that the OBD system will detect a (g)(10)(ii)(B) of this section. In hardware malfunction. catalyst malfunction with the catalyst at conducting the VVT system (B) Engine misfire. For model years its maximum level of deterioration (i.e., demonstration tests, the manufacturer 2013 and later, the manufacturer must the substrate(s) completely removed may use computer modifications to perform a test at the malfunction limit from the catalyst container or ‘‘empty’’ cause the VVT system to operate at the established by the manufacturer for the can). Emissions data are not required for malfunction limit if the manufacturer monitoring required by paragraph the empty can demonstration. can demonstrate that the computer (g)(2)(ii)(B) of this section. (G) NOX adsorber. The manufacturer modifications produce test results (C) EGR system. The manufacturer must perform a test using a NOX equivalent to an induced hardware must perform a separate test for each adsorber(s) deteriorated to the malfunction. malfunction limit established by the applicable malfunction limit established (K) For each of the testing manufacturer for the EGR system by the manufacturer for the monitoring requirements of this paragraph (l)(3)(i) parameters (e.g., low flow, high flow, required by paragraph (g)(7)(ii)(A) of of this section, if the manufacturer has slow response) specified in paragraphs this section. The manufacturer must established that only a functional check (g)(3)(ii)(A) through (g)(3)(ii)(C) and in also demonstrate that the OBD system is required because no failure or (g)(3)(ii)(E) of this section. In conducting will detect a NOX adsorber malfunction deterioration of the specific tested the EGR system slow response with the NOX adsorber at its maximum system could result in an engine’s demonstration tests, the manufacturer level of deterioration (i.e., the emissions exceeding the applicable may use computer modifications to substrate(s) completely removed from emissions thresholds, the manufacturer cause the EGR system to operate at the the container or ‘‘empty’’ can). is not required to perform a malfunction limit if the manufacturer Emissions data are not required for the demonstration test; however, the can demonstrate that the computer empty can demonstration. manufacturer is required to provide the modifications produce test results (H) Diesel particulate filter. The data and/or engineering analysis used to equivalent to an induced hardware manufacturer must perform a separate determine that only a functional test of malfunction. test using a DPF deteriorated to the the system(s) is required. (D) Turbo boost control system. The applicable malfunction limits (ii) Required testing for gasoline- manufacturer must perform a separate established by the manufacturer for the fueled/spark-ignition engines. test for each malfunction limit monitoring required by paragraph (A) Fuel system. For engines with established by the manufacturer for the (g)(8)(ii)(A) and (g)(8)(ii)(B) of this adaptive feedback based on the primary turbo boost control system parameters section. For systems using the optional fuel control sensor(s), the manufacturer (e.g., underboost, overboost, response) DPF monitoring provision of paragraph must perform a test with the adaptive specified in paragraphs (g)(4)(ii)(A) (g)(8)(ii)(A) of this section, the feedback based on the primary fuel through (g)(4)(ii)(C) and in (g)(4)(ii)(E) of manufacturer must perform a separate control sensor(s) at the rich limit(s) and this section. test using a DPF modified in a manner a test at the lean limit(s) established by (E) NMHC catalyst. The manufacturer approved by the Administrator (e.g., the manufacturer as required by must perform a separate test for each drilling of wallflow channel end plugs, paragraph (h)(1)(ii)(A) of this section to monitored NMHC catalyst(s). The drilling of through holes, etc.) and detect a malfunction before emissions catalyst(s) being evaluated must be testing at each of the nine test points exceed applicable emissions thresholds. deteriorated to the applicable specified in paragraph (g)(8)(ii)(A) of For engines with feedback based on a malfunction limit established by the this section. The manufacturer must secondary fuel control sensor(s) and manufacturer for the monitoring also demonstrate that the OBD system subject to the malfunction criteria in required by paragraph (g)(5)(ii)(A) of will detect a DPF malfunction with the paragraph (h)(1)(ii)(A) of this section, this section and using methods DPF at its maximum level of the manufacturer must perform a test established by the manufacturer in deterioration (i.e., the filter(s) with the feedback based on the accordance with paragraph (l)(7) of this completely removed from the filter secondary fuel control sensor(s) at the section. For each monitored NMHC container or ‘‘empty’’ can). Emissions rich limit(s) and a test at the lean catalyst(s), the manufacturer must also data are not required for the empty can limit(s) established by the manufacturer demonstrate that the OBD system will demonstration. as required by paragraph (h)(1)(ii)(A) of detect a catalyst malfunction with the (I) Exhaust gas sensor. The this section to detect a malfunction catalyst at its maximum level of manufacturer must perform a separate before emissions exceed the applicable deterioration (i.e., the substrate(s) test for each malfunction limit emissions thresholds. For other fuel completely removed from the catalyst established by the manufacturer for the metering or control systems, the container or ‘‘empty’’ can). Emissions monitoring required in paragraphs manufacturer must perform a test at the data are not required for the empty can (g)(9)(ii)(A), (g)(9)(iii)(A), and criteria limit(s). For purposes of fuel demonstration. (g)(9)(iv)(A) of this section. When system testing as required by this

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paragraph (l)(3)(ii)(A), the When performing additional test(s), all equipment necessary to duplicate the malfunction(s) induced may result in a primary and secondary (if applicable) demonstration test must be made uniform distribution of fuel and air exhaust gas sensors used for emission available to the Administrator upon among the cylinders. Non uniform control must be operating at the request. distribution of fuel and air used to malfunction criteria limit for the (4) Testing protocol. induce a malfunction shall not cause applicable parameter only. All other (i) Preconditioning. The manufacturer misfire. In conducting the fuel system primary and secondary exhaust gas must use an applicable cycle for demonstration tests, the manufacturer sensor parameters must be operating preconditioning test engines prior to may use computer modifications to with normal characteristics. conducting each of the emission tests cause the fuel system to operate at the (H) VVT system. The manufacturer required by paragraph (l)(3) of this malfunction limit. To do so, the must perform a test at each target error section. The manufacturer may perform manufacturer must be able to limit and slow response limit calibrated a single additional preconditioning demonstrate that the computer to the malfunction criteria specified in cycle, identical to the initial one, after modifications produce test results paragraphs (h)(9)(ii)(A) and (h)(9)(ii)(B) a 20-minute hot soak but must equivalent to an induced hardware of this section. In conducting the VVT demonstrate that such an additional malfunction. system demonstration tests, the cycle is necessary to stabilize the (B) Misfire. The manufacturer must manufacturer may use computer emissions control system. A practice of perform a test at the malfunction criteria modifications to cause the VVT system requiring a cold soak prior to limit specified in paragraph (h)(2)(ii)(B) to operate at the malfunction limit. To conducting preconditioning cycles is of this section. do so, the manufacturer must be able to not permitted. (C) EGR system. The manufacturer demonstrate that the computer (ii) Test sequence. must perform a test at each flow limit modifications produce test results (A) The manufacturer must set calibrated to the malfunction criteria equivalent to an induced hardware individually each system or component specified in paragraphs (h)(3)(ii)(A) and malfunction. on the test engine at the malfunction (h)(3)(ii)(B) of this section. (I) For each of the testing criteria limit prior to conducting the (D) Cold start emission reduction requirements of this paragraph (l)(3)(ii), applicable preconditioning cycle(s). If a strategy. The manufacturer must if the manufacturer has established that second preconditioning cycle is perform a test at the malfunction criteria only a functional check is required permitted in accordance with paragraph for each component monitored because no failure or deterioration of the (l)(4)(i) of this section, the manufacturer according to paragraph (h)(4)(ii)(A) of specific tested system could cause an this section. engine’s emissions to exceed the may adjust the system or component to (E) Secondary air system. The applicable emissions thresholds, the be tested before conducting the second manufacturer must perform a test at manufacturer is not required to perform preconditioning cycle. The each flow limit calibrated to the a demonstration test; however the manufacturer shall not replace, modify, malfunction criteria specified in manufacturer is required to provide the or adjust the system or component after paragraphs (h)(5)(ii)(A) and (h)(5)(ii)(B) data and/or engineering analyses used the last preconditioning cycle has been of this section. to determine that only a functional test completed. (F) Catalyst. The manufacturer must of the system(s) is required. (B) After preconditioning, the test perform a test using a catalyst system (iii) Required testing for all engines. engine must be operated over the deteriorated to the malfunction criteria (A) Other emission control systems. applicable cycle to allow for the initial specified in paragraph (h)(6)(ii) of this The manufacturer must conduct detection of the tested system or section using methods established by demonstration tests for all other component malfunction. This test cycle the manufacturer in accordance with emission control components (e.g., may be omitted from the testing paragraph (l)(7)(ii) of this section. The hydrocarbon traps, adsorbers) designed protocol if it is unnecessary. If required manufacturer must also demonstrate and calibrated to a malfunction limit by the monitoring strategy being tested, that the OBD system will detect a based on an emissions threshold based a cold soak may be performed prior to catalyst system malfunction with the on the requirements of paragraph (i)(4) conducting this test cycle. catalyst system at its maximum level of of this section. (C) The test engine must then be deterioration (i.e., the substrate(s) (B) For each of the testing operated over the applicable exhaust completely removed from the catalyst requirements of paragraph (l)(3)(iii)(A) emissions test. container or ‘‘empty’’ can). Emission of this section, if the manufacturer has (iii) A manufacturer required to test data are not required for the empty can established that only a functional check more than one test engine according to demonstration. is required because no failure or paragraph (l)(2)(iii) of this section may (G) Exhaust gas sensor. The deterioration of the specific tested use internal calibration sign-off test manufacturer must perform a test with system could result in an engine’s procedures (e.g., forced cool downs, less all primary exhaust gas sensors used for emissions exceeding the applicable frequently calibrated emission fuel control simultaneously possessing a emissions thresholds, the manufacturer analyzers) instead of official test response rate deteriorated to the is not required to perform a procedures to obtain the emission test malfunction criteria limit specified in demonstration test; however, the data required by this paragraph (l) of paragraph (h)(8)(ii)(A) of this section. manufacturer is required to provide the this section for all but one of the The manufacturer must also perform a data and/or engineering analysis used to required test engines. The manufacturer test for any other primary or secondary determine that only a functional test of may elect this option if the data from exhaust gas sensor parameter under the system(s) is required. the alternative test procedure are parargraphs (h)(8)(ii)(A) and (iv) The manufacturer may representative of official emissions test (h)(8)(iii)(A) of this section that can electronically simulate deteriorated results. A manufacturer using this cause engine emissions to exceed the components but shall not make any option is still responsible for meeting applicable emissions thresholds (e.g., engine control unit modifications when the malfunction criteria specified in shift in air/fuel ratio at which oxygen performing demonstration tests unless paragraphs (g) through (i) of this section sensor switches, decreased amplitude). approved by the Administrator. All if and when emissions tests are

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performed in accordance with official indicates that the component is submitted by the manufacturer for the test procedures. performing at or slightly better than the specific engine rating. (iv) The manufacturer may request malfunction criteria limit). When tested (7) Catalyst aging. approval to use an alternative testing with the component so adjusted, the (i) Diesel catalysts. For purposes of protocol for demonstration of MIL MIL must not activate during the test determining the catalyst malfunction activation if the engine dynamometer and the engine emissions must be below limits for the monitoring required by emission test cycle does not allow all of the applicable malfunction criteria paragraphs (g)(5)(ii)(A), (g)(5)(ii)(B), and a given monitor’s enable conditions to specified in paragraphs (g) through (i) of (g)(6)(ii)(A) of this section, where those be satisfied. The manufacturer may this section. catalysts are monitored individually, the request the use of an alternative engine (B) In testing the catalyst or DPF manufacturer must use a catalyst dynamometer test cycle or the use of system, if the MIL first activates after deteriorated to the malfunction criteria chassis testing to demonstrate proper emissions exceed the applicable using methods established by the MIL activation. To do so, the emissions threshold(s) specified in manufacturer to represent real world manufacturer must demonstrate the paragraphs (g) and (h), the tested engine catalyst deterioration under normal and technical necessity for using an shall be retested with a less deteriorated malfunctioning engine operating alternative test cycle and the degree to catalyst or DPF system (i.e., more of the conditions. For purposes of determining which the alternative test cycle applicable engine out pollutants are the catalyst malfunction limits for the demonstrates that in-use operation with converted or trapped). For the OBD monitoring required by paragraphs the malfunctioning component will system to be approved, testing shall be (g)(5)(ii)(A), (g)(5)(ii)(B), and (g)(6)(ii)(A) result in proper MIL activation. continued until the MIL activates with of this section, where those catalysts are (5) Evaluation protocol. Full OBD emissions below the applicable monitored in combination with other engine ratings, as defined by paragraph thresholds of paragraphs (g) and (h) of catalysts, the manufacturer must submit (o)(1) of this section, shall be evaluated this section, or the MIL activates with their catalyst system aging and according to the following protocol: emissions within a range no more than monitoring plan to the Administrator as (i) For all tests conducted as required 20 percent below the applicable part of their certification documentation by paragraph (l) of this section, the MIL emissions thresholds and 10 percent or package. The plan must include the must activate before the end of the first less above those emissions thresholds. description, emission control purpose, engine start portion of the applicable (iv) If an OBD system is determined and location of each component, the test. to be unacceptable by the criteria of this monitoring strategy for each component (ii) If the MIL activates prior to paragraph (l)(5) of this section, the and/or combination of components, and emissions exceeding the applicable manufacturer may recalibrate and retest the method for determining the malfunction criteria limits specified in the system on the same test engine. In applicable malfunction criteria paragraphs (g) through (i), no further such a case, the manufacturer must including the deterioration/aging demonstration is required. With respect confirm, by retesting, that all systems process. to the misfire monitor demonstration and components that were tested prior (ii) Gasoline catalysts. For the test, if the manufacturer has elected to to the recalibration and are affected by purposes of determining the catalyst use the minimum misfire malfunction it still function properly with the system malfunction criteria in criteria of one percent as allowed in recalibrated OBD system. paragraph (h)(6)(ii) of this section, the paragraphs (g)(2)(ii)(B), if applicable, (6) Confirmatory testing. manufacturer must use a catalyst system and (h)(2)(ii)(B) of this section, no (i) The Administrator may perform deteriorated to the malfunction criteria further demonstration is required confirmatory testing to verify the using methods established by the provided the MIL activates with engine emission test data submitted by the manufacturer to represent real world misfire occurring at the malfunction manufacturer as required by this catalyst deterioration under normal and criteria limit. paragraph (l) of this section comply malfunctioning operating conditions. (iii) If the MIL does not activate when with its requirements and the The malfunction criteria must be the system or component is set at its malfunction criteria set forth in established by using a catalyst system malfunction criteria limit(s), the criteria paragraphs (g) through (i) of this section. with all monitored and unmonitored limit(s) or the OBD system is not Such confirmatory testing is limited to (downstream of the sensor utilized for acceptable. the test engine(s) required by paragraph catalyst monitoring) catalysts (A) Except for testing of the catalyst (l)(2) of this section. simultaneously deteriorated to the or DPF system, if the MIL first activates (ii) To conduct this confirmatory malfunction criteria except for those after emissions exceed the applicable testing, the Administrator may install engines that use fuel shutoff to prevent malfunction criteria specified in appropriately deteriorated or over-fueling during engine misfire paragraphs (g) through (i) of this section, malfunctioning components (or conditions. For such engines, the the test engine shall be retested with the simulate them) in an otherwise properly malfunction criteria must be established tested system or component adjusted so functioning test engine of an engine by using a catalyst system with all that the MIL will activate before rating represented by the demonstration monitored catalysts simultaneously emissions exceed the applicable test engine in order to test any of the deteriorated to the malfunction criteria malfunction criteria specified in components or systems required to be while unmonitored catalysts shall be paragraphs (g) through (i) of this section. tested by paragraph (l) of this section. deteriorated to the end of the engine’s If the component cannot be so adjusted The manufacturer shall make available, useful life. because an alternative fuel or emission if requested, an engine and all test (m) Certification documentation control strategy is used when a equipment (e.g., malfunction simulators, requirements. malfunction is detected (e.g., open loop deteriorated components) necessary to (1) When submitting an application fuel control used after an oxygen sensor duplicate the manufacturer’s testing. for certification of an engine, the malfunction is detected), the test engine Such a request from the Administrator manufacturer must submit the following shall be retested with the component shall occur within six months of documentation. If any of the items listed adjusted to the worst acceptable limit reviewing and approving the here are standardized for all of the (i.e., the applicable OBD monitor demonstration test engine data manufacturer’s engines, the

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manufacturer may, for each model year, (F) Monitoring time length and (vi) For gasoline engines, data submit one set of documents covering frequency of monitoring events. supporting the misfire monitor, the standardized items for all of its (G) Criteria for storing a diagnostic including: engines. trouble code. (A) The established percentage of (i) For the required documentation (H) Criteria for activating a misfire that can be tolerated without that is not standardized across all malfunction indicator light. damaging the catalyst over the full range engines, the manufacturer may be (I) Criteria used for determining out- of engine speed and load conditions. allowed to submit documentation for of-range values and input component (B) Data demonstrating the probability certification from one engine that is rationality checks. of detection of misfire events by the representative of other engines. All such (iii) Whenever possible, the table misfire monitoring system over the full engines shall be considered to be part of required by paragraph (m)(2)(ii) of this engine speed and load operating range an OBD certification documentation section shall use the following for the following misfire patterns: group. To represent the OBD group, the engineering units: random cylinders misfiring at the chosen engine must be certified to the (A) Degrees Celsius for all malfunction criteria established in most stringent emissions standards and temperature criteria. paragraph (h)(2)(ii)(B) of this section, OBD monitoring requirements and cover (B) KiloPascals (KPa) for all pressure one cylinder continuously misfiring, all of the emissions control devices for criteria related to manifold or and paired cylinders continuously the engines in the group and covered by atmospheric pressure. misfiring. (C) Data identifying all disablement of the submitted documentation. Such (C) Grams (g) for all intake air mass misfire monitoring that occurs during OBD groups must be approved in criteria. the FTP. For every disablement that advance of certification. (D) Pascals (Pa) for all pressure (ii) Upon approval, one or more of the occurs during the cycles, the data shall criteria related to evaporative system identify: when the disablement occurred documentation requirements of this vapor pressure. paragraph (m) of this section may be relative to the driver’s trace, the number (E) Miles per hour (mph) for all of engine revolutions during which each waived or modified if the information vehicle speed criteria. required is redundant or unnecessarily disablement was present, and which (F) Relative percent (%) for all relative disable condition documented in the burdensome to generate. throttle position criteria (as defined in (iii) To the extent possible, the certification application caused the SAE J1979 or SAE J1939 (both as disablement. certification documentation must use specified in paragraph (k)(1) of this SAE J1930 (as specified in paragraph (D) Manufacturers are not required to section)). use the durability demonstration engine (k)(1) of this section) or SAE J2403 (as (G) Voltage (V) for all absolute throttle specified in paragraph (k)(1) of this to collect the misfire data required by position criteria (as defined in SAE paragraph (m)(2)(vi) of this section. section) terms, abbreviations, and J1979 or SAE J1939 (both as specified in acronyms as specified in paragraph (vii) Data supporting the limit for the paragraph (k)(1) of this section)). time between engine starting and (k)(1) of this section. (H) Per crankshaft revolution (/rev) for (2) Unless otherwise specified, the attaining the designated heating all changes per ignition event based following information must be temperature for after-start heated criteria (e.g., g/rev instead of g/stroke or submitted as part of the certification catalyst systems. g/firing). application and prior to receiving a (viii) Data supporting the criteria used (I) Per second (/sec) for all changes certificate. to detect a malfunction of the fuel per time based criteria (e.g., g/sec). (i) A description of the functional system, EGR system, boost pressure operation of the OBD system including (J) Percent of nominal tank volume control system, catalyst, NOX adsorber, a complete written description for each (%) for all fuel tank level criteria. DPF, cold start emission reduction monitoring strategy that outlines every (iv) A logic flowchart describing the strategy, secondary air, evaporative step in the decision-making process of step-by-step evaluation of the enable system, VVT system, exhaust gas the monitor. Algorithms, diagrams, criteria and malfunction criteria for each sensors, and other emission controls samples of data, and/or other graphical monitored emission related component that causes emissions to exceed the representations of the monitoring or system. applicable malfunction criteria specified strategy shall be included where (v) Emissions test data, a description in paragraphs (g) through (i) of this necessary to adequately describe the of the testing sequence (e.g., the number section. For diesel engine monitors information. and types of preconditioning cycles), required by paragraphs (g) and (i) of this (ii) A table including the following approximate time (in seconds) of MIL section that are required to indicate a information for each monitored activation during the test, diagnostic malfunction before emissions exceed an component or system (either computer- trouble code(s) and freeze frame emission threshold based on any sensed or computer-controlled) of the information stored at the time of applicable standard (e.g., 2.5 times any emissions control system: detection, corresponding test results of the applicable standards), the test (A) Corresponding diagnostic trouble (e.g. SAE J1979 (as specified in cycle and standard determined by the code. paragraph (k)(1) of this section) Mode/ manufacturer to be the most stringent (B) Monitoring method or procedure Service $06, SAE J1939 (as specified in for each applicable monitor in for malfunction detection. paragraph (k)(1) of this section) accordance with paragraph (f)(1) of this (C) Primary malfunction detection Diagnostic Message 8 (DM8)) stored section. parameter and its type of output signal. during the test, and a description of the (ix) A list of all electronic powertrain (D) Malfunction criteria limits used to modified or deteriorated components input and output signals (including evaluate output signal of primary used for malfunction simulation with those not monitored by the OBD system) parameter. respect to the demonstration tests that identifies which signals are (E) Other monitored secondary specified in paragraph (l) of this section. monitored by the OBD system. For input parameters and conditions (in The freeze frame data are not required and output signals that are monitored as engineering units) necessary for for engines termed ‘‘Extrapolated OBD’’ comprehensive components, the listing malfunction detection. engines. shall also identify the specific

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diagnostic trouble code for each California staff. A copy of a California lead time beyond two years are malfunction criteria (e.g., out-of-range Executive Order alone will not be necessary to correct the deficiency. low, out-of-range high, open circuit, considered acceptable toward meeting (3) A deficiency shall not be granted rationality low, rationality high). this requirement. This description shall retroactively (i.e., after the engine has (x) A written description of all also include, to the extent feasible, a been certified). parameters and conditions necessary to plan with timelines for resolving (o) Implementation schedule. Except begin closed-loop/feedback control of deficiencies and/or concerns. as specifically provided for in this emission control systems (e.g., fuel (n) Deficiencies. paragraph (o) for small volume system, boost pressure, EGR flow, SCR (1) Upon application by the manufacturers and alternative fueled reductant delivery, DPF regeneration, manufacturer, the Administrator may engines, the requirements of this section fuel system pressure). accept an OBD system as compliant must be met according to the following (xi) A written identification of the even though specific requirements are provisions: communication protocol utilized by not fully met. Such compliances (1) For model years 2010 through each engine for communication with a without meeting specific requirements, 2012. scan tool (model years 2010 through or deficiencies, will be granted only if (i) Full OBD. The manufacturer must 2012) or an SAE J1978 or SAE J1939 compliance is infeasible or implement an OBD system meeting the (both as specified in paragraph (k)(1) of unreasonable considering such factors applicable requirements of § 86.010–18 this section) scan tool (model years 2013 as, but not limited to: Technical on one engine rating within one engine and later). feasibility of the given monitor and lead family of the manufacturer’s product (xii) For model years 2013 and later, time and production cycles including line. This ‘‘Full OBD’’ rating will be a pictorial representation or written phase-in or phase-out of engines or known as the ‘‘OBD parent’’ rating. The description of the diagnostic connector vehicle designs and programmed OBD parent rating must be chosen, location including any covers or labels. upgrades of computers. Unmet unless otherwise approved by the (xiii) A written description of the requirements shall not be carried over Administrator, as the rating having the method used by the manufacturer to from the previous model year except highest weighted projected U.S. sales meet the requirements of paragraph where unreasonable hardware or within the engine family having the (i)(2) of this section (crankcase software modifications are necessary to highest weighted projected U.S. sales, ventilation system monitoring) correct the deficiency, and the with U.S. sales being weighted by the including diagrams or pictures of valve manufacturer has demonstrated an useful life of the engine rating. and/or hose connections. acceptable level of effort toward (ii) Extrapolated OBD. For all other (xiv) Build specifications provided to compliance as determined by the engine ratings within the engine family engine purchasers or chassis Administrator. Furthermore, EPA will from which the OBD parent rating has manufacturers detailing all not accept any deficiency requests that been selected, the manufacturer must specifications or limitations imposed on include the complete lack of a major implement an OBD system meeting the the engine purchaser relevant to OBD diagnostic monitor (‘‘major’’ diagnostic applicable requirements of § 86.010–18 requirements or emissions compliance monitors being those for exhaust except that the OBD system is not (e.g., cooling system heat rejection rates, aftertreatment devices, oxygen sensor, required to detect a malfunction prior to allowable MIL locations, connector air-fuel ratio sensor, NOX sensor, engine exceeding the emission thresholds location specifications). A description of misfire, evaporative leaks, and diesel shown in Table 1 of paragraph (g) and the method or copies of agreements EGR, if equipped), with the possible Table 2 of paragraph (h) of this section. used to ensure engine purchasers or exception of the special provisions for These ‘‘Extrapolated OBD’’ engines will chassis manufacturers will comply with alternative fueled engines. For be know as the ‘‘OBD child’’ ratings. On the OBD and emissions relevant build alternative fueled heavy-duty engines these OBD child ratings, rather than specifications (e.g., signed agreements, (e.g., natural gas, liquefied petroleum detecting a malfunction prior to required audit/evaluation procedures). gas, methanol, ethanol), manufacturers exceeding the emission thresholds, the (xv) Any other information may request the Administrator to waive manufacturer must submit a plan for determined by the Administrator to be specific monitoring requirements of this Administrator review and approval that necessary to demonstrate compliance section for which monitoring may not details the engineering evaluation the with the requirements of this section. be reliable with respect to the use of the manufacturer will use to establish the (3) In addition to the documentation alternative fuel. At a minimum, malfunction criteria for the OBD child required by paragraphs (m)(1) and alternative fuel engines must be ratings. The plan must demonstrate both (m)(2) of this section, a manufacturer equipped with an OBD system meeting the use of good engineering judgment in making use of paragraph (a)(5) of this OBD requirements to the extent feasible establishing the malfunction criteria, section must submit the following as approved by the Administrator. and robust detection of malfunctions, information with their application for (2) In the event the manufacturer including consideration of differences of certification. seeks to carry-over a deficiency from a base engine, calibration, emission (i) A detailed description of how the past model year to the current model control components, and emission OBD system meets the intent of year, the manufacturer must re-apply for control strategies. § 86.010–18. approval to do so. In considering the (iii) Engine families other than those (ii) A detailed description of why the request to carry-over a deficiency, the from which the parent and child ratings manufacturer has chosen not to design Administrator shall consider the have been selected, are not subject to the OBD system to meet the manufacturer’s progress towards the requirements of this section. requirements of § 86.010–18 and has correcting the deficiency. The (iv) Small volume manufacturers, as instead designed the OBD system to Administrator may not allow defined in § 86.094–14(b)(1) and (2) and meet the applicable California OBD manufacturers to carry over monitoring as determined using 2010 model year requirements. system deficiencies for more than two sales, are exempt from the requirements (iii) A detailed description of any model years unless it can be of this § 86.010–18, unless model year deficiencies granted by the California demonstrated that substantial engine 2011 or model year 2012 sales exceed staff and any concerns raised by hardware modifications and additional 20,000 units.

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(v) Engines certified as alternative on engines so equipped and detect a paragraph (o)(1) of this section shall not fueled engines are exempt from the malfunction if: be evaluated against emissions levels for requirements of this § 86.010–18. (A) The NOX aftertreatment system purposes of OBD compliance in-use. (2) For model years 2013 through has no detectable amount of NOX (iii) Only the test cycle and standard 2015. aftertreatement capability (i.e., NOX determined and identified by the (i) OBD groups. The manufacturer catalyst conversion or NOX adsorption). manufacturer at the time of certification shall define one or more OBD groups to (B) The NOX aftertreatment substrate in accordance with paragraph (f) of this cover all engine ratings in all engine is completely destroyed, removed, or section as the most stringent shall be families. The manufacturer must submit missing. used for the purpose of determining a grouping plan for Administrator (C) The NOX aftertreatment assembly OBD system noncompliance in-use. review and approval detailing the OBD is replaced with a straight pipe. (iv) An OBD system shall not be groups and the engine families and (3) For model years 2016 through considered noncompliant solely due to engine ratings within each group for a 2018. a failure or deterioration mode of a given model year. (i) OBD groups. The manufacturer monitored component or system that (ii) Full OBD. shall define one or more OBD groups to could not have been reasonably foreseen (A) For all model year 2010 through cover all engine ratings in all engine to occur by the manufacturer. 2012 ‘‘Full OBD’’ and ‘‘Extrapolated families. The manufacturer must submit (2) For model years 2013 through OBD’’ engine ratings, the manufacturer a grouping plan for Administrator 2015. must implement an OBD system review and approval detailing the OBD (i) On the full OBD ratings as defined meeting the applicable requirements of groups and the engine families and this section. in paragraph (o)(2) of this section, engine ratings within each group for a separate in-use emissions thresholds (B) On one engine rating within each given model year. of the manufacturer’s OBD groups, the shall apply. These thresholds are (ii) Full OBD. The manufacturer must determined by doubling the applicable manufacturer must implement an OBD implement an OBD system meeting the system meeting the applicable thresholds as shown in Table 1 of applicable requirements of this section paragraph (g) and Table 2 of paragraph requirements of this section. These on all engine ratings in all engine ‘‘Full OBD’’ ratings will be known as the (h) of this section. The resultant families. thresholds apply only in-use and do not ‘‘OBD parent’’ ratings. The OBD parent (iii) Engines certified as alternative rating for each OBD group shall be apply for certification or selective fueled engines shall meet, to the extent enforcement auditing. chosen, unless otherwise approved by feasible, the requirements specified in the Administrator, as the rating having (ii) The extrapolated OBD ratings as paragraph (i)(3) of this § 86.010–18. defined in paragraph (o)(2) of this the highest weighted projected U.S. Additionally, such engines shall sales within the OBD group, with U.S. section shall not be evaluated against monitor the NOX aftertreatment system sales being weighted by the useful life emissions levels for purposes of OBD on engines so equipped and detect a compliance in-use. of the engine rating. malfunction if: (iii) Only the test cycle and standard (iii) Extrapolated OBD. For all other (A) The NO aftertreatment system X determined and identified by the engine ratings within each OBD group, has no detectable amount of NO X manufacturer at the time of certification the manufacturer must implement an aftertreatement capability (i.e., NO X in accordance with paragraph (f) of this OBD system meeting the requirements catalyst conversion or NO adsorption). X section as the most stringent shall be of this section except that the OBD (B) The NOX aftertreatment substrate system is not required to detect a is completely destroyed, removed, or used for the purpose of determining malfunction prior to exceeding the missing. OBD system noncompliance in-use. (iv) For monitors subject to meeting emission thresholds shown in Table 1 of (C) The NOX aftertreatment assembly paragraph (g) and Table 2 of paragraph is replaced with a straight pipe. the minimum in-use monitor (h) of this section. These extrapolated (4) For model years 2019 and later. performance ratio of 0.100 in paragraph OBD engines will be know as the ‘‘OBD (i) The manufacturer must implement (d)(1)(ii), the OBD system shall not be child’’ ratings. On these OBD child an OBD system meeting the applicable considered noncompliant unless a ratings, rather than detecting a requirements of § 86.010–18 on all representative sample indicates the in- malfunction prior to exceeding the engines. use ratio is below 0.050. emission thresholds, the manufacturer (p) In-use compliance standards. For (v) An OBD system shall not be must submit a plan for Administrator monitors required to indicate a considered noncompliant solely due to review and approval that details the malfunction before emissions exceed a a failure or deterioration mode of a engineering evaluation the manufacturer certain emission threshold (e.g., 2.5 monitored component or system that will use to establish the malfunction times any of the applicable standards): could not have been reasonably foreseen criteria for the OBD child ratings. The (1) For model years 2010 through to occur by the manufacturer. plan must demonstrate both the use of 2012. (3) For model years 2016 through good engineering judgment in (i) On the full OBD rating (i.e., the 2018. establishing the malfunction criteria, parent rating) as defined in paragraph (i) On the engine ratings tested and robust detection of malfunctions, (o)(1) of this section, separate in-use according to (l)(2)(iii) of this section, the including consideration of differences of emissions thresholds shall apply. These certification emissions thresholds shall base engine, calibration, emission thresholds are determined by doubling apply in-use. control components, and emission the applicable thresholds as shown in (ii) On the manufacturer’s remaining control strategies. Table 1 of paragraph (g) and Table 2 of engine ratings, separate in-use (iv) Engines certified as alternative paragraph (h) of this section. The emissions thresholds shall apply. These fueled engines shall meet, to the extent resultant thresholds apply only in-use thresholds are determined by doubling feasible, the requirements specified in and do not apply for certification or the applicable thresholds as shown in paragraph (i)(3) of this § 86.010–18. selective enforcement auditing. Table 1 of paragraph (g) and Table 2 of Additionally, such engines shall (ii) The extrapolated OBD ratings (i.e., paragraph (h) of this section. The monitor the NOX aftertreatment system the child ratings) as defined in resultant thresholds apply only in-use

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and do not apply for certification or the Administrator, that such engines weighing 14,000 pounds gross selective enforcement auditing. maintenance is reasonable and vehicle weight (GVW) and less that are (iii) An OBD system shall not be technologically necessary to assure the subject to the OBD requirements of this considered noncompliant solely due to proper functioning of the emission part. a failure or deterioration mode of a control system. Such additional (2) General requirements. monitored component or system that recommended maintenance shall be (i) Manufacturers shall furnish or could not have been reasonably foreseen clearly differentiated, in a form cause to be furnished to any person to occur by the manufacturer. approved by the Administrator, from engaged in the repairing or servicing of (4) For model years 2019 and later. that approved under § 86.004–25(b). motor vehicles or motor vehicle engines, (i) On all engine ratings, the (d) Inspections of emission-related or the Administrator upon request, any certification emissions thresholds shall parts or systems with instructions to and all information needed to make use apply in-use. replace, repair, clean, or adjust the parts of the on-board diagnostic system and (ii) An OBD system shall not be or systems if necessary, are not such other information, including considered noncompliant solely due to considered to be items of scheduled instructions for making emission-related a failure or deterioration mode of a maintenance which insure the proper diagnoses and repairs, including but not monitored component or system that functioning of the emission control limited to service manuals, technical could not have been reasonably foreseen system. Such inspections, and any service bulletins, recall service to occur by the manufacturer. recommended maintenance beyond that information, bi-directional control ■ 7. Section 86.010–38 is added to approved by the Administrator as information, and training information, subpart A to read as follows: reasonable and necessary under unless such information is protected by paragraphs (a), (b), and (c) of this section 208(c) of the Act as a trade § 86.010–38 Maintenance instructions. section, may be included in the written (a) The manufacturer shall furnish or secret. No such information may be instructions furnished to vehicle owners withheld under section 208(c) of the Act cause to be furnished to the purchaser under paragraph (a) of this section: of each new motor vehicle (or motor if that information is provided (directly Provided, That such instructions clearly or indirectly) by the manufacturer to vehicle engine) subject to the standards state, in a form approved by the prescribed in § 86.099–8, § 86.004–9, franchised dealers or other persons Administrator, that the owner need not engaged in the repair, diagnosing, or § 86.004–10, or § 86.004–11, as perform such inspections or applicable, written instructions for the servicing of motor vehicles or motor recommended maintenance in order to vehicle engines. proper maintenance and use of the maintain the emissions defect and (ii) Definitions. The following vehicle (or engine), by the purchaser emissions performance warranty or definitions apply for this paragraph (g): consistent with the provisions of manufacturer recall liability. § 86.004–25, which establishes what (e) The manufacturer may choose to (A) Aftermarket service provider scheduled maintenance the include in such instructions an means any individual or business Administrator approves as being explanation of any distinction between engaged in the diagnosis, service, and reasonable and necessary. the useful life specified on the label, repair of a motor vehicle or engine, who (1) The maintenance instructions and the emissions defect and emissions is not directly affiliated with a required by this section shall be in clear, performance warranty period. The manufacturer or manufacturer- and to the extent practicable, explanation must clearly state that the franchised dealership. nontechnical language. useful life period specified on the label (B) Bi-directional control means the (2) The maintenance instructions represents the average period of use up capability of a diagnostic tool to send required by this section shall contain a to retirement or rebuild for the engine messages on the data bus that general description of the family represented by the engine used temporarily overrides the module’s documentation which the manufacturer in the vehicle. An explanation of how control over a sensor or actuator and will require from the ultimate purchaser the actual useful lives of engines used gives control to the diagnostic tool or any subsequent purchaser as in various applications are expected to operator. Bi-directional controls do not evidence of compliance with the differ from the average useful life may create permanent changes to engine or instructions. be included. The explanation(s) shall be component calibrations. (b) Instructions provided to in clear, non-technical language that is (C) Data stream information means purchasers under paragraph (a) of this understandable to the ultimate information (i.e., messages and section shall specify the performance of purchaser. parameters) originated within the all scheduled maintenance performed (f) If approved by the Administrator, vehicle by a module or intelligent by the manufacturer on certification the instructions provided to purchasers sensors (i.e., a sensor that contains and durability vehicles and, in cases where under paragraph (a) of this section shall is controlled by its own module) and the manufacturer performs less indicate what adjustments or transmitted between a network of maintenance on certification durability modifications, if any, are necessary to modules and/or intelligent sensors vehicles than the allowed limit, may allow the vehicle to meet applicable connected in parallel with either one or specify the performance of any emission standards at elevations above more communication wires. The scheduled maintenance allowed under 4,000 feet, or at elevations of 4,000 feet information is broadcast over the § 86.004–25. or less. communication wires for use by the (c) Scheduled emission-related (g) Emission control diagnostic OBD system to gather information on maintenance in addition to that service information: emissions-related components or performed under § 86.004–25(b) may (1) Manufacturers are subject to the systems and from other vehicle modules only be recommended to offset the provisions of this paragraph (g) that may impact emissions, including effects of abnormal in-use operating beginning in the 1996 model year for but not limited to systems such as conditions, except as provided in manufacturers of light-duty vehicles and chassis or transmission. For the paragraph (d) of this section. The light-duty trucks, and beginning in the purposes of this section, data stream manufacturer shall be required to 2005 model year for manufacturers of information does not include engine demonstrate, subject to the approval of heavy-duty vehicles and heavy-duty calibration-related information, or any

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data stream information from systems or (J) Intermediary means any individual paragraph (g)(7) of this section for each modules that do not impact emissions. or entity, other than an original of the subscription options. In addition, (D) Emissions-related information equipment manufacturer, which for each of the subscription options, means any information related to the provides service or equipment to manufacturers are required to make diagnosis, service, and repair of aftermarket service providers. their entire site accessible for the emissions-related components. (K) Manufacturer-franchised respective period of time and price. In Emissions-related information includes, dealership means any service provider other words, a manufacturer may not but is not limited to, information with which a manufacturer has a direct limit any or all of the subscription regarding any system, component or business relationship. options to just one make or one model. part of a vehicle that controls emissions (L) Third-party information provider (v) Allow the user to search the and any system, component and/or part means any individual or entity, other manufacturer Web site by various topics associated with the powertrain system, than an original equipment including but not limited to model, including, but not limited to: manufacturer, who consolidates model year, key words or phrases, etc., (1) The engine, the fuel system and manufacturer service information and while allowing ready identification of ignition system, makes this information available to the latest vehicle calibration. (2) Information for any system, aftermarket service providers. Manufacturers who do not use model (M) Third-party training provider component or part that is likely to year to classify their vehicles in their means any individual or entity, other impact emissions, such as transmission service information may use an alternate than an original equipment systems, and any other information vehicle delineation such as body series. manufacturer who develops and/or specified by the Administrator to be Any manufacturer utilizing this delivers instructional and educational relevant to the diagnosis and repair of flexibility shall create a cross-reference material for automotive training courses. to the corresponding model year and an emissions-related problem; and (3) Information dissemination. By provide this cross-reference on the (3) Any other information specified by December 24, 2003, each manufacturer manufacturer Web site home page. the Administrator to be relevant for the was required to provide or cause to be (vi) Provide accessibility using diagnosis and repair of an emissions- provided to the persons specified in common, readily available software and related failure found through the paragraph (g)(2)(i) of this section and to shall not require the use of software, inspection and maintenance program any other interested parties a hardware, viewers, or browsers that are after such finding has been manufacturer-specific World Wide Web not readily available to the general communicated to the affected site containing the information specified public. Manufacturers shall also provide manufacturer(s). in paragraph (g)(2)(i) of this section for hyperlinks to any plug-ins, viewers or (E) Emissions-related training 1996 and later model year vehicles browsers (e.g., Adobe Acrobat or information means any information- which have been offered for sale; this Netscape) needed to access the related training or instruction for the requirement does not apply to indirect manufacturer Web site. purpose of the diagnosis, service, and information, including the information (vii) Allow simple hyper-linking to repair of emissions-related components. specified in paragraphs (g)(12) through the manufacturer Web site from (F) Enhanced service and repair (g)(16) of this section. Upon request and government Web sites and automotive- information means information which is approval of the Administrator, related Web sites. specific for an original equipment manufacturers who can demonstrate manufacturer’s brand of tools and significant hardship in complying with (viii) Allow access to the equipment. This includes computer or this provision by December 26, 2003, manufacturer Web site with no limits on anti-theft system initialization may request an additional six months the modem speed by which aftermarket information necessary for the lead time to meet this requirement. Each service providers or other interested completion of any emissions-related manufacturer Web site shall: parties can connect to the manufacturer repair on motor vehicles that employ (i) Provide access in full-text to all of Web site. integral vehicle security systems. the information specified in paragraph (ix) Possess sufficient server capacity (G) Equipment and tool company (g)(5) of this section. to allow ready access by all users and means a registered automotive (ii) Be updated at the same time as have sufficient capacity to assure that equipment or software company either manufacturer-franchised dealership all users may obtain needed information public or private that is engaged in, or World Wide Web sites; without undue delay. plans to engage in, the manufacture of (iii) Provide users with a description (x) Correct or delete broken Web links automotive scan tool reprogramming of the minimum computer hardware on a weekly basis. equipment or software. and software needed by the user to (xi) Allow for Web site navigation that (H) Generic service and repair access that manufacturer’s information does not require a user to return to the information means information which is (e.g., computer processor speed and manufacturer home page or a search not specific for an original equipment operating system software). This engine in order to access a different manufacturer’s brand of tools and description shall appear when users portion of the site. equipment. first log-on to the home page of the (xii) Allow users to print out any and (I) Indirect information means any manufacturer Web site. all of the materials required to be made information that is not specifically (iv) Provide Short-Term (24 to 72 available on the manufacturer Web site contained in the service literature, but is hours), Mid-Term (30 day period), and including the ability to print it at the contained in items such as tools or Long-Term (365 day period) Web site user’s location. equipment provided to franchised subscription options to any person (4) Small volume provisions for dealers (or others). This includes specified in paragraph (g)(2)(i) of this information dissemination. computer or anti-theft system section whereby the user will be able to (i) Manufacturers with annual sales of initialization information necessary for access the site, search for the less than 5,000 vehicles had until June the completion of any emissions-related information, and purchase, view and 28, 2004 to launch their individual Web repair on motor vehicles that employ print the information at a fair and sites as required by paragraph (g)(3) of integral vehicle security systems. reasonable cost as specified in this section.

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(ii) Manufacturers with annual sales as equipped including, but not limited necessary for the completion of any of less than 1,000 vehicles may, in lieu to, catalyst, catalyst heater, oxygen emissions-related repair on motor of meeting the requirement of paragraph sensor, oxygen sensor heater, vehicles that employ integral vehicle (g)(3) of this section, request the evaporative system, exhaust gas re- security systems or the repair or Administrator to approve an alternative circulation (EGR), secondary air, and air replacement of any other emission- method by which the required conditioning system. Additionally, for related part shall be made available at emissions-related information can be diesel vehicles under 14,000 pounds. a fair and reasonable cost to the persons obtained by the persons specified in GVWR which also perform misfire, fuel specified in paragraph (g)(2)(i) of this paragraph (g)(2)(i) of this section. system and comprehensive component section. (5) Required information. All monitoring under specific driving (i) Except as provided under information relevant to the diagnosis conditions (i.e., non-continuous paragraph (g)(6)(ii) of this section, and completion of emissions-related monitoring; as opposed to spark ignition manufacturers must make this repairs shall be posted on manufacturer engines that monitor these systems information available to persons Web sites. This excludes indirect under all conditions or continuous specified in paragraph (g)(2)(i) of this information specified in paragraphs monitoring), the manufacturer shall section, such that such persons will not (g)(6) and (g)(12) through (g)(16) of this make available monitor-specific drive need any special tools or manufacturer- section. To the extent that this cycles. Any manufacturer who develops specific scan tools to perform the information does not already exist in generic drive cycles, either in addition initialization. Manufacturers may make some form for their manufacturer to, or instead of, monitor-specific drive such information available through, for franchised dealerships, manufacturers cycles shall also make these available in example, generic aftermarket tools, a are required to develop and make full-text on manufacturer Web sites; pass-through device, or inexpensive available the information required by (D) A listing of each monitor manufacturer-specific cables. this section to both their manufacturer sequence, execution frequency and (ii) A manufacturer may request franchised dealerships and the typical duration; Administrator approval for an aftermarket. The required information (E) A listing of typical malfunction alternative means to re-initialize includes, but is not limited to: thresholds for each monitor; vehicles for some or all model year (i) Manuals, including subsystem and (F) For OBD parameters for specific vehicles through the 2007 model year by component manuals developed by a vehicles that deviate from the typical September 26, 2003. The Administrator manufacturer’s third party supplier that parameters, the OBD description shall shall approve the request only after the are made available to manufacturer indicate the deviation and provide a following conditions have been met: franchised dealerships, technical service separate listing of the typical values for (A) The manufacturer must bulletins (TSBs), recall service those vehicles; demonstrate that the availability of such information, diagrams, charts, and (G) Identification and scaling information to aftermarket service training materials. Manuals and other information necessary to interpret and providers would significantly increase such service information from third understand data available to a generic the risk of vehicle theft. party suppliers are not required to be scan tool through ‘‘mode 6,’’ pursuant to (B) The manufacturer must make made available in full-text on SAE J1979 (as specified in paragraph available a reasonable alternative means manufacturer Web sites as described in (g)(17) of this section). to install or repair computers, or to paragraph (g)(3) of this section. Rather, (H) Algorithms, look-up tables, or any otherwise repair or replace an emission- manufacturers must make available on values associated with look-up tables related part. the manufacturer Web site as required are not required to be made available. (C) Any alternative means proposed by paragraph (g)(3) of this section an (iii) Any information regarding any by a manufacturer cannot require index of the relevant information and system, component, or part of a vehicle aftermarket technicians to use a instructions on how to order such third monitored by the OBD system that manufacturer franchised dealership to party information. In the alternative, a could in a failure mode cause the OBD obtain information or special tools to re- manufacturer can create a link from its system to illuminate the malfunction initialize the anti-theft system. All Web site to the Web site(s) of the third indicator light (MIL); information must come directly from party supplier. (iv) Any information on other systems the manufacturer or a single (ii) OBD system information which that can effect the emission system manufacturer-specified designee. includes, but is not limited to, the within a multiplexed system (including (D) Any alternative means proposed following: how information is sent between by a manufacturer must be available to (A) A general description of the emission-related system modules and aftermarket technicians at a fair and operation of each monitor, including a other modules on a multiplexed bus); reasonable price. description of the parameter that is (v) Manufacturer-specific emissions- (E) Any alternative must be available being monitored; related diagnostic trouble codes (DTCs) to aftermarket technicians within (B) A listing of all typical OBD and any related service bulletins, twenty-four hours of the initial request. diagnostic trouble codes associated with trouble shooting guides, and/or repair (F) Any alternative must not require each monitor; procedures associated with these the purchase of a special tool or tools, (C) A description of the typical manufacturer-specific DTCs; and including manufacturer-specific tools, enabling conditions (either generic or (vi) Information regarding how to to complete this repair. Alternatives monitor-specific) for each monitor (if obtain the information needed to may include lease of such tools, but equipped) to execute during vehicle perform reinitialization of any vehicle only for appropriately minimal cost. operation, including, but not limited to, computer or anti-theft system following (G) In lieu of leasing their minimum and maximum intake air and an emissions-related repair. manufacturer-specific tool to meet this engine coolant temperature, vehicle (6) Anti-theft system initialization requirement, a manufacturer may also speed range, and time after engine information. Computer or anti-theft release the necessary information to startup. In addition, manufacturers shall system initialization information and/or equipment and tool manufacturers for list all monitor-specific OBD drive cycle related tools necessary for the proper incorporation into aftermarket scan information for all major OBD monitors installation of on-board computers or tools. Any manufacturer choosing this

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option must release the information to minimum, each of the factors specified manufacturers are responsible for equipment and tool manufacturers in paragraph (g)(7)(i) of this section. inaccuracies contained in the within 60 days of Administrator (B) The Administrator will act upon information they provide to third-party approval. Manufacturers may also the request within 180 days following information providers. comply with this requirement using receipt of a complete request or (10) Required emissions-related SAE J2534 (as specified in paragraph following receipt of any additional training information. By December 24, (g)(17) of this section) for some or all information requested by the 2003, for emissions-related training model years through model year 2007. Administrator. information, manufacturers were (7) Cost of required information. (C) The Administrator may decide not required to: (i) All information required to be to approve, or to withdraw approval for (i) Video tape or otherwise duplicate made available by this section shall be a manufacturer’s pricing structure and and make available for sale on made available at a fair and reasonable amounts based on a conclusion that this manufacturer Web sites within 30 days price. In determining whether a price is pricing structure and/or amounts are after transmission any emissions-related fair and reasonable, consideration may not, or are no longer, fair and training courses provided to be given to relevant factors, including, reasonable, by sending written notice to manufacturer franchised dealerships via but not limited to, the following: the manufacturer explaining the basis the Internet or satellite transmission; (A) The net cost to the manufacturer- for this decision. (ii) Provide on the manufacturer Web franchised dealerships for similar (D) In the case of a decision by the site an index of all emissions-related information obtained from Administrator not to approve or to training information available for manufacturers, less any discounts, withdraw approval, the manufacturer purchase by aftermarket service rebates, or other incentive programs. shall within three months following providers for 1994 and newer vehicles. (B) The cost to the manufacturer for notice of this decision, obtain For model years subsequent to 2003, the preparing and distributing the Administrator approval for a revised required information must be made information, excluding any research and pricing structure and amounts by available for purchase within 3 months development costs incurred in following the approval process of model introduction and then must be designing and implementing, upgrading described in this paragraph (g)(7)(ii). made available at the same time it is or altering the onboard computer and its (8) Unavailable information. Any made available to manufacturer software or any other vehicle part or information which is not provided at a franchised dealerships, whichever is component. Amortized capital costs for fair and reasonable price shall be earlier. The index shall describe the title the preparation and distribution of the considered unavailable, in violation of of the course or instructional session, information may be included. these regulations and section 202(m)(5) the cost of the video tape or duplicate, (C) The price charged by other of the Clean Air Act. and information on how to order the manufacturers for similar information. (9) Third-party information providers. item(s) from the manufacturer Web site. (D) The price charged by By December 24, 2003, manufacturers All of the items available must be manufacturers for similar information shall, for model year 2004 and later shipped within 24 hours of the order prior to the launch of manufacturer Web vehicles and engines, make available to being placed and are to be made sites. third-party information providers as available at a fair and reasonable price (E) The ability of aftermarket defined in paragraph (g)(2)(ii) of this as described in paragraph (g)(7) of this technicians or shops to afford the section with whom they engage in section. Manufacturers unable to meet information. licensing or business arrangements; the 24 hour shipping requirement under (F) The means by which the (i) The required emissions-related circumstances where orders exceed information is distributed; information as specified in paragraph supply and additional time is needed by (G) The extent to which the (g)(5) of this section either: the distributor to reproduce the item information is used, which includes the (A) Directly in electronic format such being ordered, may exceed the 24 hour number of users, and frequency, as diskette or CD–ROM using non- shipping requirement, but in no duration, and volume of use. proprietary software, in English; or instance can take longer than 14 days to (H) Inflation. (B) Indirectly via a Web site other ship the item. (ii) By August 25, 2003, each than that required by paragraph (g)(3) of (iii) Provide access to third-party manufacturer was required to submit to this section; training providers as defined in the Administrator a request for approval (ii) For any manufacturer who utilizes paragraph (g)(2)(ii) of this section all of their pricing structure for their Web an automated process in their emission-related training courses sites and amounts to be charged for the manufacturer-specific scan tool for transmitted via satellite or Internet information required to be made diagnostic fault trees, the data schema, offered to their manufacturer franchised available under paragraphs (g)(3) and detail specifications, including category dealerships. Manufacturers may not (g)(5) of this section. Subsequent to the types/codes and vehicle codes, and data charge unreasonable up-front fees to approval of the manufacturer Web site format/content structure of the third-party training providers for this pricing structure, manufacturers shall diagnostic trouble trees. access, but may require a royalty, notify the Administrator upon the (iii) Manufacturers can satisfy the percentage, or other arranged fee based increase in price of any one or all of the requirement of paragraph (g)(9)(ii) of on per-use enrollment/subscription subscription options of 20 percent or this section by making available basis. Manufacturers may take more above the previously-approved diagnostic trouble trees on their reasonable steps to protect any price, taking inflation into account. manufacturer Web sites in full-text. copyrighted information and are not (A) The manufacturer shall submit a (iv) Manufacturers are not responsible required to provide this information to request to the Administrator that sets for the accuracy of the information parties that do not agree to such steps. forth a detailed description of the distributed by third parties. However, (11) Timeliness and maintenance of pricing structure and amounts, and where manufacturers charge information dissemination. support for the position that the pricing information intermediaries for (i) General Requirements. Subsequent structure and amounts are fair and information, whether through licensing to the initial launch of the reasonable by addressing, at a agreements or other arrangements, manufacturer’s Web site, manufacturers

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must make the information required reprogramming events that may affect within 3 months of model introduction under paragraph (g)(5) of this section emissions) in the format of its choice at for all new model years. available on their Web site within six the same time they are made available (vii) Manufacturers who cannot months of model introduction, or at the to manufacturer franchised dealerships. comply with paragraphs (g)(12)(v) and same time it is made available to This requirement takes effect on (g)(12)(vi) of this section shall make manufacturer franchised dealerships, September 25, 2003, and within 3 available to equipment and tool whichever is earlier. After this six- months of model introduction for all companies by September 25, 2003 the month period, the information must be new model years. following information necessary for available and updated on the (ii) For model years 1996 and later reprogramming the Electronic Control manufacturer Web site at the same time manufacturers shall provide persons Unit (ECU): that the updated information is made specified in paragraph (g)(2)(i) of this (A) The physical hardware available to manufacturer franchised section with an efficient and cost- requirements for reprogramming events dealerships, except as otherwise effective method for identifying whether or tools (e.g. system voltage specified in this section. the calibrations on vehicles are the requirements, cable terminals/pins, (ii) Archived information. Beginning latest to be issued. This requirement connections such as RS232 or USB, with the 1996 model year, takes effect on September 25, 2003, and wires, etc.). manufacturers must maintain the within 3 months of model introduction (B) ECU data communication (e.g. required information on their Web sites for all new model years. serial data protocols, transmission speed in full-text as defined in paragraph (g)(5) (iii) For all 2004 and later OBD or baud rate, bit timing requirements, of this section for a minimum of 15 vehicles equipped with reprogramming etc.). years after model introduction. capability, manufacturers shall comply (C) Information on the application Subsequent to this fifteen year period, with SAE J2534 (as specified in physical interface (API) or layers manufacturers may archive the paragraph (g)(17) of this section). Any (descriptions for procedures such as information in the manufacturer’s manufacturer who cannot comply with connection, initialization, performing format of choice and provide an index SAE J2534 in model year 2004 may and verifying programming/download, of the archived information on the request one year additional lead time and termination). manufacturer Web site and how it can from the Administrator. (D) Vehicle application information or be obtained by interested parties. (iv) For model years 2004 and later, any other related service information Manufacturers shall index their manufacturers shall make available to such as special pins and voltages for available information with a title that aftermarket service providers the reprogramming events or additional adequately describes the contents of the necessary manufacturer-specific vehicle connectors that require document to which it refers. software applications and calibrations enablement and specifications for the Manufacturers may allow for the needed to initiate pass-through enablement. ordering of information directly from reprogramming. This software shall be (E) Information that describes what their Web site, or from a Web site able to run on a standard personal interfaces or combinations of interfaces hyperlinked to the manufacturer Web computer that utilizes standard are used to deliver calibrations from site. In the alternative, manufacturers operating systems as specified in SAE database media (e.g. PC using CDROM shall list a phone number and address J2534 (as specified in paragraph (g)(17) to the reprogramming device e.g. scan where aftermarket service providers can of this section). tool or black box). call or write to obtain the desired (v) For model years prior to 2004, (viii) A manufacturer can propose an information. Manufacturers must also manufacturers may use SAE J2534 (as alternative to the requirements of provide the price of each item listed, as specified in paragraph (g)(17) of this paragraph (g)(12)(vii) of this section for well as the price of items ordered on a section) as described above, provided how aftermarket service providers can subscription basis. To the extent that they make available to the aftermarket reprogram an ECU. The Administrator any additional information is added or any additional required hardware (i.e. will approve this alternative if the changed for these model years, cables). Manufacturers may not require manufacturer demonstrates all of the manufacturers shall update the index as the purchase or use of a manufacturer- following: appropriate. Manufacturers will be specific scan tool to receive or use this (A) That it cannot comply with responsible for ensuring that all additional hardware. Manufacturers paragraph (g)(12)(v) of this section for information, including information that must also make available the necessary the vehicles subject to the alternative is distributed through information manufacturer-specific software plan; distributors, is provided within one applications and calibrations needed to (B) That a very small percentage of its regular business day of receiving the initiate pass-through reprogramming. vehicles in model years prior to 2004 order. Items that are less than 20 pages Manufacturers must also make available cannot be reprogrammed with the (e.g. technical service bulletins) shall be to equipment and tool companies any provisions described in paragraph faxed, if requested, to the requestor and information needed to develop (g)(12)(v) of this section, or that manufacturers are required to deliver aftermarket equivalents of the releasing the information to tool the information overnight if requested manufacturer-specific hardware. companies would likely not result in and paid for by the ordering party. (vi) Manufacturers may take any this information being incorporated into Archived information must be made reasonable business precautions aftermarket tools; and available on demand and at a fair and necessary to protect proprietary (C) That aftermarket service providers reasonable price. business information and are not will be able to reprogram promptly at a (12) Reprogramming information. required to provide this information to reasonable cost. (i) For model years 1996 and later, any party that does not agree to these (ix) In meeting the requirements of manufacturers shall make available to reasonable business precautions. The paragraphs (g)(12)(v) through (g)(12)(vii) the persons specified in paragraph requirement to make hardware available of this section, manufacturers may take (g)(2)(i) of this section all emissions- and to release the information to any reasonable business precautions related recalibration or reprogramming equipment and tool companies takes necessary to protect proprietary events (including driveability effect on September 25, 2003, and business information and are not

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required to provide this information to trees shall make available to equipment contained in the complete version of the any party that does not agree to these and tool companies the data schema, manufacturer-specific tool. Any reasonable business precautions. detail specifications, including category manufacturer who wishes to implement (13) Generic and enhanced types/codes and vehicle codes, and data this option must request approval from information for scan tools. By format/content structure of the the Administrator prior to the September 25, 2003, manufacturers diagnostic trouble trees. introduction of the tool into commerce. shall make available to equipment and (iv) Manufacturers can satisfy the (16) Special tools. tool companies all generic and requirement of paragraph (g)(13)(iii) of (i) Manufacturers who have enhanced service information including this section by making available developed special tools to extinguish bi-directional control and data stream diagnostic trouble trees on their the malfunction indicator light (MIL) for information as defined in paragraph manufacturer Web sites in full-text. Model Years 1994 through 2003 shall (g)(2)(ii) of this section. This (14) Availability of manufacturer- make available the necessary requirement applies for 1996 and later specific scan tools. Manufacturers shall information to equipment and tool model year vehicles. make available for sale to the persons companies to design a comparable (i) The information required by specified in paragraph (g)(2)(i) of this generic tool. This information was paragraph (g)(13) of this section shall be section their own manufacturer-specific required to be made available to provided electronically using common diagnostic tools at a fair and reasonable equipment and tool companies no later document formats to equipment and cost. These tools shall also be made than September 25, 2003. tool companies with whom they have available in a timely fashion either (ii) Manufacturers are prohibited from appropriate licensing, contractual, and/ through the manufacturer Web site or requiring special tools to extinguish the or confidentiality arrangements. To the through a manufacturer-designated malfunction indicator light (MIL) extent that a central repository for this intermediary. Manufacturers who beginning with Model Year 2004. information (e.g. the TEK–NET library develop different versions of one or (17) Reference materials. developed by the Equipment and Tool more of their diagnostic tools that are Manufacturers shall conform with the Institute) is used to warehouse this used in whole or in part for emission- following Society of Automotive information, the Administrator shall related diagnosis and repair shall insure Engineers (SAE) standards. These have free unrestricted access. In that all emission-related diagnosis and documents are incorporated by addition, information required in repair information is available for sale to reference, see § 86.1. Anyone may paragraph (g)(13) of this section shall be the aftermarket at a fair and reasonable inspect copies at the U.S. EPA or at the made available to equipment and tool cost. Manufacturers shall provide National Archives and Records companies who are not otherwise technical support to aftermarket service Administration (NARA). For members of any central repository and providers for the tools described in this information on the availability of this shall have access if the non-members section, either themselves or through a material at U.S. EPA, NARA, or the have arranged for the appropriate third party of its choice. Factors for standard making body directly, refer to licensing, contractual and/or determining fair and reasonable cost § 86.1. (i) SAE J1930, Revised May 1998. For confidentiality arrangements with the include, but are not limited to: manufacturer and/or a central (i) The net cost to the manufacturer’s Web-based delivery of service repository. franchised dealerships for similar tools information, manufacturers shall (ii) In addition to the generic and obtained from manufacturers, less any comply with this industry standard. enhanced information defined in discounts, rebates, or other incentive This recommended practice paragraph (g)(2)(ii) of this section, programs; standardizes various terms, manufacturers shall also make available (ii) The cost to the manufacturer for abbreviations, and acronyms associated the following information necessary for preparing and distributing the tools, with on-board diagnostics. developing generic diagnostic scan excluding any research and Manufacturers shall comply with SAE tools: development costs; J1930 beginning with Model Year 2004. (A) The physical hardware (iii) The price charged by other (ii) SAE J1979, Revised September requirements for data communication manufacturers of similar sizes for 1997. For identification and scaling (e.g. system voltage requirements, cable similar tools; information necessary to interpret and terminals/pins, connections such as (iv) The capabilities and functionality understand data available to a generic RS232 or USB, wires, etc.), of the manufacturer tool; scan tool through ‘‘mode 6,’’ (B) ECU data communication (e.g. (v) The means by which the tools are manufacturers shall comply with this serial data protocols, transmission speed distributed; industry standard. This recommended or baud rate, bit timing requirements, (vi) Inflation. practice describes the implementation etc.), (vii) The ability of aftermarket of the diagnostic test modes for (C) Information on the application technicians and shops to afford the emissions-related test data. physical interface (API) or layers. (i.e., tools. Manufacturers shall comply with this processing algorithms or software (15) Changing content of industry standard beginning with Model design descriptions for procedures such manufacturer-specific scan tools. Year 2004. as connection, initialization, and Manufacturers who opt to remove non- (iii) SAE J2284–3, May 2001. For termination), emissions related content from their allowing ECU and equipment and tool (D) Vehicle application information or manufacturer-specific scan tools and manufacturers to satisfy the needs of any other related service information sell them to the persons specified in multiple end users with minimum such as special pins and voltages or paragraph (g)(2)(i) of this section shall modification to a basic ECU design, additional vehicle connectors that adjust the cost of the tool accordingly manufacturers shall comply with this require enablement and specifications lower to reflect the decreased value of industry standard which establishes for the enablement. the scan tool. All emissions-related standard ECU physical layer, data link (iii) Any manufacturer who utilizes an content that remains in the layer, and media design criteria. automated process in its manufacturer- manufacturer-specific tool shall be Manufacturers may comply with SAE specific scan tool for diagnostic fault identical to the information that is J2284–3 beginning with model year

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2003 and shall comply with SAE J2284– (vi) Browser Summary (measured in a statement that ‘‘This engine must be 3 beginning with model year 2008. number of files/pages by browser type, operated only with ultra low-sulfur (iv) SAE J2534, February 2002. For i.e., Netscape, Internet Explorer). This is diesel fuel (meeting EPA specifications pass-through reprogramming defined as the versions of a browser by for highway diesel fuel, including a 15 capabilities, manufacturers shall comply vendor. ppm sulfur cap).’’ with this industry standard which (vii) Any other information deemed (j) Emission control diagnostic service provides technical specifications and necessary by the Administrator to information for heavy-duty engines used information that manufacturers must determine the adequacy of a in vehicles over 14,000 pounds gross supply to equipment and tool manufacturer Web site. vehicle weight (GVW) companies to develop aftermarket pass- (19) Prohibited acts, liability and (1) Manufacturers of heavy-duty through reprogramming tools. remedies. engines used in applications weighing Manufacturers shall comply with SAE (i) It is a prohibited act for any person more than 14,000 pounds gross vehicle J2534 beginning with model year 2004. to fail to promptly provide or cause a weight (GVW) that are subject to the (18) Reporting requirements. failure to promptly provide information applicable OBD requirements of this Manufacturers shall provide to the as required by this paragraph (g), or to subpart A are subject to the provisions Administrator reports on an annual otherwise fail to comply or cause a of this paragraph (j) beginning in the basis within 30 days of the end of the failure to comply with any provision of 2010 model year. The provisions of this calendar year and upon request of the this paragraph (g). paragraph (j) apply only to those heavy- Administrator, that describe the (ii) Any person who fails or causes the duty engines subject to the applicable performance of their individual Web failure to comply with any provision of OBD requirements. sites. These annual reports shall be this paragraph (g) is liable for a violation (2) Upon Administrator approval, submitted to the Administrator of that provision. A corporation is manufacturers of vehicles may electronically utilizing non-proprietary presumed liable for any violations of alternatively comply with all service software in the format as agreed to by this subpart that are committed by any information and tool provisions found the Administrator and the of its subsidiaries, affiliates or parents in § 86.1808–01 that are applicable to manufacturers. Manufacturers may that are substantially owned by it or 2001 and subsequent model year request Administrator approval to report substantially under its control. vehicles weighing less than 14,000 on parameters other than those (iii) Any person who violates a pounds gross vehicle weight (GVW). described below if the manufacturer can provision of this paragraph (g) shall be Upon Administrator approval, demonstrate that those alternate subject to a civil penalty of not more manufacturers that produce engines for parameters will provide sufficient and than $32,500 per day for each violation. use in vehicles between 8,500 and similar information for the This maximum penalty is shown for 14,000 pounds may, for those engines, Administrator to effectively evaluate the calendar year 2004. Maximum penalty alternatively comply with all service manufacturer Web site. These annual limits for later years may be set higher information and tool provisions in reports shall include, at a minimum, based on the Consumer Price Index, as § 86.010–38(j) that are applicable to monthly measurements of the following specified in 40 CFR part 19. In addition, 2010 and subsequent model year parameters: such person shall be liable for all other vehicles over 14,000 pounds. (i) Total successful requests remedies set forth in Title II of the Clean Implementation dates must comply with (measured in number of files including Air Act, remedies pertaining to the service information provision dates graphic interchange formats (GIFs) and provisions of Title II of the Clean Air applicable to engines in vehicles joint photographic expert group (JPEG) Act, or other applicable provisions of between 8,500 and 14,000 pounds. images, i.e., electronic images such as law. (3) General Requirements wiring or other diagrams or pictures). (h) The manufacturer shall furnish or (i) Manufacturers shall furnish or This is defined as the total successful cause to be furnished to the purchaser cause to be furnished to any person request counts of all the files which of each new motor engine subject to the engaged in the repairing or servicing of have been requested, including pages, standards prescribed in § 86.004–10 or heavy-duty engines, or the graphics, etc. § 86.004–11, as applicable, the Administrator upon request, any and all (ii) Total failed requests (measured in following: information needed to make use of the number of files). This is defined as the (1) Instructions for all maintenance on-board diagnostic system and such total failed request counts of all the files needed after the end of the useful life of other information, including which were requested but failed because the engine for critical emissions-related instructions for making emission-related they could not be found or were read- components as provided in § 86.004– diagnosis and repairs, including but not protected. This includes pages, 25(b), including recommended practices limited to service manuals, technical graphics, etc. for diagnosis, cleaning, adjustment, service bulletins, recall service (iii) Average data transferred per day repair, and replacement of the information, bi-directional control (measured by bytes). This is defined as component (or a statement that such information, and training information, average amount of data transferred per component is maintenance free for the unless such information is protected by day from one place to another. life of the engine) and instructions for section 208(c) as a trade secret. (iv) Daily Summary (measured in accessing and responding to any Manufacturers may take steps to restrict number of files/pages by day of week). emissions-related diagnostic codes that warranty and customer assurance plan This is defined as the total number of may be stored in on-board monitoring information used only for the purpose of requests each day of the week, over the systems; providing such manufacturer covered time period given at the beginning of the (2) A copy of the engine rebuild repairs to only those repair locations report. provisions contained in § 86.004–40. authorized by the manufacturer. No (v) Daily report (measured in number (i) For each new diesel-fueled engine such information may be withheld of files/pages by the day of the month). subject to the standards prescribed in under section 208(c) of the Act if that This is defined as how many requests § 86.007–11, as applicable, the information is provided (directly or there were in each day of a specific manufacturer shall furnish or cause to indirectly) by the manufacturer to month. be furnished to the ultimate purchaser franchised dealers, authorized service

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networks, or other persons engaged in relevant for the diagnosis and repair of (O) Third party information provider the repair, diagnosing, or servicing of an emissions-related failure found means any individual or entity, other heavy-duty engines. through an evaluation of vehicles in-use than an original equipment (ii) Definitions. The following and after such finding has been manufacturer, who consolidates definitions apply for this paragraph (j): communicated to the affected manufacturer service information and (A) Aftermarket service provider manufacturer(s). makes this information available to means any individual or business (F) Emissions-related training aftermarket service providers. engaged in the diagnosis, service, and information means any information (P) Third party training provider repair of a heavy-duty engine, who is related training or instruction for the means any individual or entity, other not directly affiliated with a purpose of the diagnosis, service, and than an original equipment manufacturer or manufacturer repair of emissions-related components. manufacturer who develops and/or franchised dealership, or authorized (G) Enhanced service and repair delivers instructional and educational service network. information means information which is material for training courses. (B) Authorized service network means specific for an original equipment (4) Information dissemination. By July a group of independent service and manufacturer’s brand of tools and 1, 2010 each manufacturer shall provide repair facilities that are recognized by equipment. This includes computer or or cause to be provided to the persons engine manufacturers as being capable anti-theft system initialization specified in paragraph (j)(3)(i) of this of performing repairs to factory information necessary for the section and to any other interested specification, including warranty repair completion of any emissions-related parties a manufacturer-specific World work. repair on engines that employ integral (C) Bi-directional control means the Wide Web site containing the security systems. capability of a diagnostic tool to send information specified in paragraph messages on the data bus that (H) Equipment and Tool Company (j)(3)(i) of this section for 2010 and later temporarily overrides the module’s means a registered equipment or model year engines which have been control over a sensor or actuator and software company either public or certified to the OBD requirements gives control to the diagnostic tool private that is engaged in, or plans to specified in § 86.010–18 and are offered operator. Bi-directional controls do not engage in, the manufacture of scan tool for sale; this requirement does not apply create permanent changes to engine or reprogramming equipment or software. to indirect information, including the component calibrations. (I) Generic service and repair information specified in paragraphs (D) Data stream information means information means information which is (j)(13) through (j)(17) of this section. information (i.e., messages and not specific for an original equipment Upon request and approval of the parameters) originated within the manufacturer’s brand of tools and Administrator, manufacturers who can engine by a module or intelligent equipment. demonstrate significant hardship in sensors (i.e., a sensor that contains and (J) Indirect information means any complying with this provision by is controlled by its own module) and information that is not specifically August 27, 2009, may request an transmitted between a network of contained in the service literature, but is additional six months lead time to meet modules and/or intelligent sensors contained in items such as tools or this requirement. Each manufacturer connected in parallel with either one or equipment provided to franchised Web site shall: more communication wires. The dealers or authorized service networks (i) Provide access in full-text to all of information is broadcast over the (or others). This includes computer or the information specified in paragraph communication wires for use by the anti-theft system initialization (j)(6) of this section. OBD system to gather information on information necessary for the (ii) Be updated at the same time as emissions-related components or completion of any emissions-related manufacturer franchised dealership or systems and from other engine modules repair on engines that employ integral authorized service network World Wide that may impact emissions. For the security systems. Web sites. purposes of this section, data stream (K) Intermediary means any (iii) Provide users with a description information does not include engine individual or entity, other than an of the minimum computer hardware calibration related information, or any original equipment manufacturer, which and software needed by the user to data stream information from systems or provides service or equipment to access that manufacturer’s information modules that do not impact emissions. aftermarket service providers. (e.g., computer processor speed and (E) Emissions-related information (L) Manufacturer franchised operating system software). This means any information related to the dealership means any service provider description shall appear when users diagnosis, service, and repair of with which a manufacturer has a direct first log-on to the home page of the emissions-related components. business relationship. manufacturer’s Web site. Emissions-related information includes, (M) Recalibration means the process (iv) Upon Administrator approval, but is not limited to, information of downloading to an engine’s on-board implement a range of time periods for regarding any system, component or computer emissions-related revisions of online access to any person specified in part of an engine that controls emissions on-board computer application software paragraph (j)(3)(i) of this section and that is part of the diagnostic strategy and calibration parameters with default whereby the user will be able to access for an OBD monitor, but not limited to: configurations. Recalibration is not the site, search for the information, and The engine, the fuel system and ignition dependent on the use of the vehicle purchase, view and print the system; information for any system, identification number (VIN) in information at a fair and reasonable cost component or part that is likely to determining vehicle configuration. as specified in paragraph (j)(8) of this impact emissions, and any other (N) Reconfiguration means the section for each of the options. In information specified by the process of enabling or adjusting engine addition, for each of the range of time Administrator to be relevant to the features or engine parameters associated periods, manufacturers are required to diagnosis and repair of an emissions- with such features to adapt a heavy-duty make their entire site accessible for the related problem; any other information engine to a particular vehicle and/or respective period of time and price. In specified by the Administrator to be application. other words, a manufacturer may not

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limit Web site access to just one make Web sites. This excludes indirect evaporative system, exhaust gas re- or one model. information specified in paragraphs circulation (EGR), secondary air, and air (v) Allow the user to search the (j)(7) and (j)(13) through (j)(17) of this conditioning system. Additionally, for manufacturer Web site by various topics section. To the extent that this diesel engines which also perform including but not limited to model, information does not already exist in misfire, fuel system and comprehensive model year, key words or phrases, etc., some form for their manufacturer component monitoring under specific while allowing ready identification of franchised dealerships or authorized driving conditions (i.e., non-continuous the latest calibration. Manufacturers service networks, manufacturers are monitoring; as opposed to spark ignition who do not use model year to classify required to develop and make available engines that monitor these systems their engines in their service the information required by this section under all conditions or continuous information may use an alternate to both their manufacturer franchised monitoring), the manufacturer shall delineation such as body series. Any dealerships or authorized service make available monitor-specific drive manufacturer utilizing this flexibility networks and the aftermarket. The cycles for these monitors. Any shall create a cross-reference to the required information includes, but is manufacturer who develops generic corresponding model year and provide not limited to: drive cycles, either in addition to, or this cross-reference on the manufacturer (i) Manuals, including subsystem and instead of, monitor-specific drive cycles Web site home page. component manuals developed by a shall also make these available in full- (vi) Provide accessibility using manufacturer’s third party supplier that text on manufacturer Web sites; common, readily available software and are made available to manufacturer (D) A listing of each monitor shall not require the use of software, franchised dealerships or authorized sequence, execution frequency and hardware, viewers, or browsers that are service networks, technical service typical duration; not readily available to the general bulletins (TSBs), recall service (E) A listing of typical malfunction public. Manufacturers shall also provide information, diagrams, charts, and thresholds for each monitor; hyperlinks to any plug-ins, viewers or training materials. Informal recall (F) For OBD parameters for specific browsers (e.g. Adobe Acrobat or service information such as engineering engines that deviate from the typical Netscape) needed to access the notes and/or sketches are not required parameters, the OBD description shall manufacturer Web site. to be made available as long as this indicate the deviation and provide a (vii) Allow simple hyper-linking to information is not made available to separate listing of the typical values for the manufacturer Web site from manufacturer franchised dealerships or those engines; Government Web sites and automotive- authorized service networks in the form (G) Identification and scaling related Web sites. of manuals. Manuals and other such information necessary to interpret and (viii) Possess sufficient server service information from third party understand data available through capacity to allow ready access by all suppliers are not required to be made Diagnostic Message 8 pursuant to SAE users and has sufficient capacity to available in full-text on manufacturer J1939–73 (as specified in paragraph assure that all users may obtain needed Web sites as described in paragraph (j)(17) of this section), or through information without undue delay. (j)(4) of this section. Rather, Service/Mode $06 pursuant to SAE (ix) Correct or delete any reported manufacturers must make available on J1979 (as specified in paragraph (j)(17) broken Web links on a weekly basis. the manufacturer Web site as required of this section). (x) Allow for Web site navigation that by paragraph (j)(4) of this section an (H) Algorithms, look-up tables, or any does not require a user to return to the index of the relevant information and values associated with look-up tables manufacturer home page or a search instructions on how to order such are not required to be made available. engine in order to access a different information. In the alternate, a (iii) Any information regarding any portion of the site. manufacturer can create a link from its system, component, or part of a engine (xi) Allow users to print out any and Web site to the Web site(s) of the third monitored by the OBD system that all of the materials required to be made party supplier. could in a failure mode cause the OBD available on the manufacturers Web site (ii) OBD system information which system to illuminate the malfunction that can be reasonably printed on a includes, but is not limited to, the indicator light (MIL); standard printer, including the ability to following: (iv) Manufacturer-specific emissions- print it at the user’s location. (A) A general description of the related diagnostic trouble codes (DTCs) (5) Small volume provisions for operation of each monitor, including a and any related service bulletins, information dissemination. description of the parameter that is troubleshooting guides, and/or repair (i) Manufacturers with total annual being monitored; procedures associated with these sales of less than 5,000 engines shall (B) A listing of all typical OBD manufacturer-specific DTCs; and have until July 1, 2011 to launch their diagnostic trouble codes associated with (v) Information regarding how to individual Web sites as required by each monitor; obtain the information needed to paragraph (j)(4) of this section. (C) A description of the typical perform reinitialization of any computer (ii) Manufacturers with total annual enabling conditions (either generic or or anti-theft system following an sales of less than 1,000 engines may, in monitor-specific) for each monitor (if emissions-related repair. lieu of meeting the requirement of equipped) to execute during engine (7) Anti-theft System Initialization paragraph (j)(4) of this section, request operation, including, but not limited to, Information. Computer or anti-theft the Administrator to approve an minimum and maximum intake air and system initialization information and/or alternative method by which the engine coolant temperature, speed related tools necessary for the proper required emissions-related information range, and time after engine startup. In installation of on-board computers or can be obtained by the persons specified addition, manufacturers shall list all necessary for the completion of any in paragraph (j)(3)(i) of this section. monitor-specific OBD drive cycle emissions-related repair on engines that (6) Required information. All information for all major OBD monitors employ integral security systems or the information relevant to the diagnosis as equipped including, but not limited repair or replacement of any other and completion of emissions-related to, catalyst, catalyst heater, oxygen emission-related part shall be made repairs shall be posted on manufacturer sensor, oxygen sensor heater, available at a fair and reasonable cost to

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the persons specified in paragraph (i) All information required to be manufacturer’s pricing structure and (j)(3)(i) of this section. made available by this section, shall be amounts based on a conclusion that this (i) Except as provided under made available at a fair and reasonable pricing structure and/or amounts are paragraph (j)(7)(ii) of this section, price. In determining whether a price is not, or are no longer, fair and manufacturers must make this fair and reasonable, consideration may reasonable, by sending written notice to information available to persons be given to relevant factors, including, the manufacturer explaining the basis specified in paragraph (j)(3)(i) of this but not limited to, the following: for this decision. section, such that such persons will not (A) The net cost to the manufacturer (D) In the case of a decision by EPA need any special tools or manufacturer- franchised dealerships or authorized not to approve or to withdraw approval, specific scan tools to perform the service networks for similar information the manufacturer shall within three initialization. Manufacturers may make obtained from manufacturers, less any months following notice of this such information available through, for discounts, rebates, or other incentive decision, obtain EPA approval for a example, generic aftermarket tools, a programs; revised pricing structure and amounts pass-through device, or inexpensive (B) The cost to the manufacturer for by following the approval process manufacturer specific cables. preparing and distributing the described in this paragraph. (ii) A manufacturer may request information, excluding any research and (9) Unavailable information. Any Administrator approval for an development costs incurred in information which is not provided at a alternative means to re-initialize engines designing and implementing, upgrading fair and reasonable price shall be for some or all model years through the or altering the onboard computer and its considered unavailable, in violation of 2013 model year by July 27, 2009. The software or any other engine part or these regulations and section 202(m)(5) Administrator shall approve the request component. Amortized capital costs for of the Clean Air Act. only after the following conditions have the preparation and distribution of the (10) Third party information been met: information may be included; providers. (i) By January 1, 2011 (A) The manufacturer must (C) The price charged by other manufacturers shall, for model year demonstrate that the availability of such manufacturers for similar information; 2010 and later engines, make available information to aftermarket service (D) The price charged by to third-party information providers as providers would significantly increase manufacturers for similar information defined in paragraph (j)(3)(ii) of this the risk of theft. prior to the launch of manufacturer Web section with whom they may wish to (B) The manufacturer must make sites; engage in licensing or business available a reasonable alternative means (E) The ability of the average arrangements, the required emissions- to install or repair computers, or to aftermarket technician or shop to afford related information as specified in otherwise repair or replace an emission- the information; paragraph (j)(6) of this section either: (F) The means by which the related part. (A) Directly in electronic format such information is distributed; (C) Any alternative means proposed (G) The extent to which the as diskette or CD-ROM using non- by a manufacturer cannot require information is used, which includes the proprietary software, in English; or aftermarket technicians to use a number of users, and frequency, (B) Indirectly via a Web site other manufacturer franchised dealership or duration, and volume of use; and than that required by paragraph (j)(4) of authorized service networks to obtain (H) Inflation. this section information or special tools to re- (ii) Manufacturers must submit to (ii) Manufacturers are not responsible initialize the anti-theft system. All EPA a request for approval of their for the accuracy of the information information must come directly from pricing structure for their Web sites and distributed by third parties. However, the manufacturer or a single amounts to be charged for the where manufacturers charge manufacturer-specified designee. information required to be made information intermediaries for (D) Any alternative means proposed available under paragraphs (j)(4) and information, whether through licensing by a manufacturer must be available to (j)(6) of this section at least 180 days in agreements or other arrangements, aftermarket technicians at a fair and advance of the launch of the web site. manufacturers are responsible for reasonable price. Subsequent to the approval of the inaccuracies contained in the (E) Any alternative must be available manufacturer Web site pricing structure, information they provide to third party to aftermarket technicians within manufacturers shall notify EPA upon information providers. twenty-four hours of the initial request. the increase in price of any one or all (11) Required emissions-related (F) Any alternative must not require of the subscription options of 20 percent training information. By January 1, the purchase of a special tool or tools, or more above the previously approved 2011, for emissions-related training including manufacturer-specific tools, price, taking inflation into account. information, manufacturers shall: to complete this repair. Alternatives (A) The manufacturer shall submit a (i) Video tape or otherwise duplicate may include lease of such tools, but request to EPA that sets forth a detailed and make available for sale on only for appropriately minimal cost. description of the pricing structure and manufacturer Web sites within 30 days (G) In lieu of leasing their amounts, and support for the position after transmission any emissions-related manufacturer-specific tool to meet this that the pricing structure and amounts training courses provided to requirement, a manufacturer may also are fair and reasonable by addressing, at manufacturer franchised dealerships or choose to release the necessary a minimum, each of the factors specified authorized service networks via the information to equipment and tool in paragraph (j)(8)(i) of this section. Internet or satellite transmission. manufacturers for incorporation into (B) EPA will act upon on the request Manufacturers shall not be required to aftermarket scan tools. Any within180 days following receipt of a duplicate transmitted emissions-related manufacturer choosing this option must complete request or following receipt of training courses if anyone engaged in release the information to equipment any additional information requested by the repairing or servicing of heavy-duty and tool manufacturers within 60 days EPA. engines has the opportunity to receive of Administrator approval. (C) EPA may decide not to approve, the Internet or satellite transmission, (8) Cost of required information. or to withdraw approval for a even if there is a cost associated with

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the equipment required to receive the document to which it refers. (as specified in paragraph (j)(17) of this transmission; Manufacturers may allow for the section). (ii) Provide on the manufacturer Web ordering of information directly from (v) Manufacturers may take any site an index of all emissions-related their Web site, or from a Web site reasonable business precautions training information available for hyperlinked to the manufacturer Web necessary to protect proprietary purchase by aftermarket service site. In the alternate, manufacturers business information and are not providers for 2010 and newer engines. shall list a phone number and address required to provide this information to The required information must be made where aftermarket service providers can any party that does not agree to these available for purchase within 3 months call or write to obtain the desired reasonable business precautions. The of model introduction and then must be information. Manufacturers must also requirements to make hardware made available at the same time it is provide the price of each item listed, as available and to release the information made available to manufacturer well as the price of items ordered on a to equipment and tool companies apply franchised dealerships or authorized subscription basis. To the extent that on July 1, 2013, and within 3 months of service networks, whichever is earlier. any additional information is added or model introduction for all new model The index shall describe the title of the changed for these model years, years. course or instructional session, the cost manufacturers shall update the index as (14) Generic and enhanced of the video tape or duplicate, and appropriate. Manufacturers will be information for scan tools. By July 1, information on how to order the item(s) responsible for ensuring that their 2013, manufacturers shall make from the manufacturer Web site. All of information distributors do so within available to equipment and tool the items available must be shipped one regular business day of receiving companies all generic and enhanced within 3 business day of the order being the order. Items that are less than 20 service information including bi- placed and are to made available at a pages (e.g. technical service bulletins) directional control and data stream fair and reasonable price as described in shall be faxed to the requestor and information as defined in paragraph paragraph (j)(8) of this section. distributors are required to deliver the (j)(3(ii) of this section. This requirement Manufacturers unable to meet the 3 information overnight if requested and applies for 2013 and later model year business day shipping requirement paid for by the ordering party. Archived engines. under circumstances where orders information must be made available on (i) The information required by this exceed supply and additional time is demand and at a fair and reasonable paragraph (j)(14) shall be provided needed by the distributor to reproduce price. electronically using common document the item being ordered, may exceed the (13) Recalibration Information. formats to equipment and tool 3 business day shipping requirement, (i) Manufacturers shall make available companies with whom they have but in no instance can take longer than to the persons specified in paragraph appropriate licensing, contractual, and/ 14 days to ship the item. (j)(3)(i) of this section all emissions- or confidentiality arrangements. To the (12) Timeliness and maintenance of related recalibration or reprogramming extent that a central repository for this information dissemination. events (including driveability information (e.g. the TEK–NET library (i) Subsequent to the initial launch of reprogramming events that may affect developed by the Equipment and Tool the manufacturer’s Web site, emissions) in the format of their choice Institute) is used to warehouse this manufacturers must make the at the same time they are made available information, the Administrator shall information required under paragraph to manufacturer franchised dealerships have free unrestricted access. In (j)(6) of this section available on their or authorized service networks. This addition, information required by this Web site within six months of model requirement applies on July 1, 2013. paragraph (j)(14) shall be made available introduction, or at the same time it is (ii) Manufacturers shall provide to equipment and tool companies who made available to manufacturer persons specified in paragraph (j)(3)(i) are not otherwise members of any franchised dealerships or authorized of this section with an efficient and central repository and shall have access service networks, whichever is earlier. cost-effective method for identifying if the non-members have arranged for After this six month period, the whether the calibrations on engines are the appropriate licensing, contractual information must be available and the latest to be issued. This requirement and/or confidentiality arrangements updated on the manufacturer Web site applies on July 1, 2013. with the manufacturer and/or a central at the same time that the updated (iii) For all 2013 and later OBD repository. information is made available to engines equipped with reprogramming (ii) In addition to the generic and manufacturer franchised dealerships or capability, manufacturers shall comply enhanced information defined in authorized service networks, except as with either SAE J2534–1 (as specified in paragraph (j)(3)(ii) of this section, otherwise specified in this section. paragraph (j)(17) of this section), or the manufacturers shall also make available (ii) Archived information. Technology and Maintenance Council’s the following information necessary for Manufacturers must maintain the (TMC) Recommended Practice TMC RP developing generic diagnostic scan required information on their Web sites 1210B (as specified in paragraph (j)(17) tools: in full-text as defined in paragraph (j)(6) of this section). (A) The physical hardware of this section for a minimum of 15 (iv) For model years 2013 and later, requirements for data communication years after model introduction. manufacturers shall make available to (e.g., system voltage requirements, cable Subsequent to this fifteen year period, aftermarket service providers the terminals/pins, connections such as manufacturers may archive the necessary manufacturer-specific RS232 or USB, wires, etc.), information in the manufacturer’s software applications and calibrations (B) Electronic Control Unit (ECU) data format of choice and provide an index needed to initiate pass-through communication (e.g., serial data of the archived information on the reprogramming. This software shall be protocols, transmission speed or baud manufacturer Web site and how it can able to run on a standard personal rate, bit timing requirements, etc.), be obtained by interested parties. computer that utilizes standard (C) Information on the application Manufacturers shall index their operating systems as specified in either physical interface (API) or layers. (i.e., available information with a title that SAE J2534–1 (as specified in paragraph processing algorithms or software adequately describes the contents of the (j)(17) of this section) or TMC RP 1210B design descriptions for procedures such

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as connection, initialization, and the engine manufacturer is able to materials and classes must be made termination), comply but requires additional time available at a fair and reasonable price. (D) Engine application information or within which to do so, the Manufacturers who develop different any other related service information Administrator shall grant the request versions of one or more of their such as special pins and voltages or and provide additional time to fully and diagnostic tools that are used in whole additional connectors that require expeditiously comply. or in part for emission-related diagnosis enablement and specifications for the (vii) Manufacturers may require that and repair shall also insure that all enablement. tools using information covered under emission-related diagnosis and repair (iii) Any manufacturer who utilizes an paragraph (j)(14) of this section comply information is available for sale to the automated process in their with the Component Identifier message aftermarket at a fair and reasonable cost. manufacturer-specific scan tool for specified in SAE J1939–71 (as specified Factors for determining fair and diagnostic fault trees shall make in paragraph (j)(17) of this section) as reasonable cost include, but are not available to equipment and tool Parameter Group Number (PGN) 65249 limited to: companies the data schema, detail (including the message parameter’s (A) The net cost to the manufacturer’s specifications, including category types/ make, model, and serial number) and franchised dealerships or authorized codes and codes, and data format/ the SAE J1939–81 (as specified in service network for similar tools content structure of the diagnostic paragraph (j)(17) of this section) obtained from manufacturers, less any trouble trees. Address Claim PGN. discounts, rebates, or other incentive (iv) Manufacturers can satisfy the (viii) Manufacturers are not required programs; requirement of paragraph (j)(14)(iii) of to make available to equipment and tool (B) The cost to the manufacturer for this section by making available companies any information related to preparing and distributing the tools, diagnostic trouble trees on their reconfiguration capabilities or any other excluding any research and manufacturer Web sites in full-text. information that would make permanent development costs; (v) Manufacturers shall make all changes to existing engine (C) The price charged by other required information available to the configurations. manufacturers of similar sizes for requesting equipment and tool company (15) Availability of manufacturer- similar tools; within 14 days after the request to specific scan tools. (i) Manufacturers (D) The capabilities and functionality purchase has been made unless the shall make available for sale to the of the manufacturer tool; manufacturer requests Administrator persons specified in paragraph (j)(3)(i) (E) The means by which the tools are approval to refuse to disclose such of this section their own manufacturer- distributed; information to the requesting company specific diagnostic tools at a fair and (F) Inflation; or requests Administrator approval for reasonable cost. These tools shall also (G) The ability of aftermarket additional time to comply. After receipt be made available in a timely fashion technicians and shops to afford the of a request and consultation with the either through the manufacturer Web tools. affected parties, the Administrator shall site or through a manufacturer- Manufacturers shall provide technical either grant or refuse the petition based designated intermediary. Upon support to aftermarket service providers on the evidence submitted during the Administrator approval, manufacturers for the tools described in this section, consultation process: will not be required to make available either themselves or through a third- (A) If the evidence demonstrates that manufacturer-specific tools with party of their choice. the engine manufacturer has a reconfiguration capabilities if they can (16) Changing content of reasonably based belief that the demonstrate to the satisfaction of the manufacturer-specific scan tools. requesting equipment and tool company Administrator that these tools are not Manufacturers who opt to remove non- could not produce safe and functionally essential to the completion of an emissions related content from their accurate tools that would not cause emissions-related repair, such as manufacturer-specific scan tools and damage to the engine, the petition for recalibration. As a condition of sell them to the persons specified in non-disclosure will be granted. Engine purchase, manufacturers may request paragraph (j)(3)(i) of this section shall manufacturers are not required to that the purchaser take all necessary adjust the cost of the tool accordingly provide data stream and bi-directional training offered by the engine lower to reflect the decreased value of control information that would permit manufacturer. Any required training the scan tool. All emissions-related an equipment and tool company’s materials and classes must comply with content that remains in the products to modify an EPA-certified the following: manufacturer-specific tool shall be engine or transmission configuration. (A) Similar training must be required identical to the information that is (B) If the evidence does not by the engine manufacturer for the use contained in the complete version of the demonstrate that the engine of the same tool by its franchised manufacturer-specific tool. Any manufacturer has a reasonably-based dealerships or authorized service manufacturer who wishes to implement belief that the requesting equipment and networks; this option must request approval from tool company could not produce safe (B) The training must be substantially the Administrator prior to the and functionally accurate tools that similar to such training in terms of introduction of the tool into commerce. would not cause damage to the engine, material covered and the length of (17) Reference Materials. the petition for non-disclosure will be training; Manufacturers shall conform with the denied and the engine manufacturer, as (C) The training must be made following industry standards. These applicable, shall make the requested available within six months after a tool documents are incorporated by information available to the requesting request has been made; reference in § 86.1. Anyone may inspect equipment and tool company within 2 (D) The training must be made copies at the U.S. EPA or at the National days of the denial. available at a fair and reasonable price. Archives and Records Administration (vi) If the manufacturer submits a (ii) Manufacturers shall ship (NARA). For information on the request for Administrator approval for purchased tools in a timely manner after availability of this material at U.S. EPA, additional time, and satisfactorily a request and training, if any, has been NARA, or the standard making bodies demonstrates to the Administrator that completed. Any required training directly, refer to § 86.1.

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(i) SAE J1939–71, Revised January etc.). Manufacturers shall provide to the appropriate transmission diagnostics as 2008. For providing a means for the Administrator reports on an annual may be required under this section, and application processes to access the OSI basis within 30 days of the end of the provided that the Administrator finds environment, manufacturers shall calendar year. These annual reports that a manufacturer’s decision to use the comply with this industry standard. shall be submitted to the Administrator flexibility in this paragraph (a)(3) is (ii) SAE J1939–73, Revised September electronically utilizing non-proprietary based on good engineering judgement. 2006. For identification and scaling software in the format as agreed to by * * * * * information necessary to interpret and the Administrator and the (h) The following documents are understand data available through manufacturers. incorporated by reference, see § 86.1. Diagnostic Message 8, manufacturers (19) Prohibited Acts, Liability and Anyone may inspect copies at the U.S. shall comply with this industry Remedies. EPA or at the National Archives and standard. In the alternate, manufacturers (i) It is a prohibited act for any person Records Administration (NARA). For may comply with Service/Mode $06 to fail to promptly provide or cause a information on the availability of this pursuant to SAE J1979, Revised May failure to promptly provide information material at U.S. EPA, NARA, or the 2007. These recommended practices as required by this paragraph (j), or to standard making bodies directly, refer to describe the implementation of otherwise fail to comply or cause a § 86.1. diagnostic test modes for emissions failure to comply with any provision of (1) * * * related test data. Manufacturers shall this subsection. (v) SAE J1930, Revised April 2002. comply with either SAE J1939–73 or (ii) Any person who fails or causes the All acronyms, definitions and SAE J1979 beginning with Model Year failure to comply with any provision of abbreviations shall be formatted 2013. this paragraph (j) is liable for a violation according to this industry standard. (iii) SAE J1939–81, Revised May 2003. of that provision. A corporation is Alternatively, manufacturers may use For management of source addresses presumed liable for any violations of SAE J2403, Revised August 2007. and the association of those address this subpart that are committed by any with an actual function and with the of its subsidiaries, affiliates or parents * * * * * (vii) As an alternative to the above detection and reporting of network that are substantially owned by it or standards, heavy-duty vehicles may realized errors, manufacturers shall substantially under its control. comply with this industry standard. (iii) Any person who violates a conform to the specifications of these (iv) SAE J2403, Revised August 2007. provision of this paragraph (j) shall be SAE standards: SAE J1939–11, Revised For Web-based delivery of service subject to a civil penalty of not more October 1999; SAE J1939–13, July 1999; information, manufacturers shall than $ 31,500 per day for each violation. SAE J1939–21, Revised April 2001; SAE comply with this industry standard This maximum penalty is shown for J1939–31, Revised December 1997; SAE which standardizes various terms, calendar year 2002. Maximum penalty J1939–71, Revised August 2002; SAE abbreviations, and acronyms associated limits for later years may be set higher J1939–73, Revised June 2001; SAE with on-board diagnostics. based on the Consumer Price Index, as J1939–81, July 1997. Manufacturers shall comply with SAE specified in 40 CFR part 19. In addition, (2) * * * (iv) ISO 15765–4:2005(E), January 15, J2403 beginning with the Model Year such person shall be liable for all other 2005. Beginning with the 2008 model 2013. remedies set forth in Title II of the Clean year and beyond, this industry standard (v) TMC RP 1210B, Revised June Air Act, remedies pertaining to shall be the only acceptable protocol 2007. For pass-thru reprogramming provisions of Title II of the Clean Air used for standardized on-board to off- capabilities, manufacturers shall comply Act, or other applicable provisions of board communications for vehicles with Technology and Maintenance law. Council’s (TMC) Recommended Practice (iv) Manufacturers will not have any below 8500 pounds. For vehicles 8500 TMC RP 1210B. In the alternate, emissions warranty, in-use compliance, to 14000 pounds, either this ISO manufacturers may comply with SAE defect reporting or recall liability for industry standard or the SAE standards J2534–1, Revised December 2004. These service on a heavy-duty engine that is listed in paragraph (h)(1)(vii) of this recommended practices provide not undertaken by the manufacturer, for section shall be the only acceptable technical specifications and information any damage caused by their own tools protocols used for standardized on- that manufacturers must supply to in the hands of independent service board to off-board communications. equipment and tool companies to providers, or for the use and misuse of (i) Deficiencies and alternative fueled develop aftermarket pass-thru third party tools. vehicles. Upon application by the reprogramming tools. Manufacturers manufacturer, the Administrator may ■ 8. Section 86.1806–05 is amended by shall comply with either TMC RP 1210B accept an OBD system as compliant revising the section heading, paragraphs or SAE J2534–1 beginning with Model even though specific requirements are (a)(3), (h) introductory text, (h)(1)(v), Year 2013. not fully met. Such compliances (h)(1)(vii), (i), and (j) and adding new (18) Reporting Requirements. without meeting specific requirements, paragraphs (h)(2)(iv), (n) and (o) to read Performance reports that adequately or deficiencies, will be granted only if as follows: demonstrate that each manufacturers compliance would be infeasible or website meets the information § 86.1806–05 On-board diagnostics for unreasonable considering such factors requirements outlined in paragraphs vehicles less than or equal to 14,000 as, but not limited to: Technical (j)(6)(i) through (j)(6)(vi) of this section pounds GVWR. feasibility of the given monitor and lead shall be submitted to the Administrator (a) * * * time and production cycles including annually or upon request by the (3) An OBD system demonstrated to phase-in or phase-out of vehicle designs Administrator. These reports shall fully meet the requirements in, through and programmed upgrades of indicate the performance and model year 2006, § 86.004–17 and, for computers. Unmet requirements should effectiveness of the websites by using model years 2007 and later, § 86.007–17 not be carried over from the previous commonly used Internet statistics (e.g., may be used to meet the requirements model year except where unreasonable successful requests, frequency of use, of this section, provided that such an hardware or software modifications number of subscriptions purchased, OBD system also incorporates would be necessary to correct the

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deficiency, and the manufacturer has to satisfy the requirements of this 100 degrees C, or to reach the necessary demonstrated an acceptable level of section. Also, the deficiency provisions DPF regeneration temperature, within effort toward compliance as determined of 13 CCR 1968.2(k) do not apply. In 60 seconds of initiating an active DPF by the Administrator. Furthermore, EPA addition, demonstration of compliance regeneration. Further, oxidation catalyst will not accept any deficiency requests with 13 CCR 1968.2(e)(15.2.1)(C), to the deterioration or malfunction when the that include the complete lack of a extent it applies to the verification of DOC is unable to sustain the necessary major diagnostic monitor (‘‘major’’ proper alignment between the camshaft regeneration temperature for the diagnostic monitors being those for and crankshaft, applies only to vehicles duration of the regeneration event. The exhaust aftertreatment devices, oxygen equipped with variable valve timing. OBD or control system must abort the sensor, air-fuel ratio sensor, NOX sensor, For all model years, the deficiency regeneration if the regeneration engine misfire, evaporative leaks, and provisions of paragraph (i) of this temperature has not been reached diesel EGR, if equipped), with the section and the evaporative leak within five minutes of initiating an possible exception of the special detection requirement of paragraph active regeneration event, and if the provisions for alternative fueled (b)(4) of this section, if applicable, apply regeneration temperature cannot be engines. For alternative fueled vehicles to manufacturers selecting this sustained for the duration of the (e.g., natural gas, liquefied petroleum paragraph for demonstrating regeneration event. gas, methanol, ethanol), manufacturers compliance. (ii) If equipped with a DPF, for all may request the Administrator to waive * * * * * model years, catastrophic failure of the specific monitoring requirements of this (n) For 2007 and later model year device must be detected. Any DPF whose complete failure results in section for which monitoring may not diesel complete heavy-duty vehicles, in exhaust emissions exceeding 1.5 times be reliable with respect to the use of the lieu of the malfunction descriptions of the applicable PM standard or family alternative fuel. At a minimum, paragraph (b) of this section, the emissions limit (FEL) must be alternative fuel engines must be malfunction descriptions of this monitored for such catastrophic failure. equipped with an OBD system meeting paragraph (n) shall apply. The OBD This monitoring need not be done if the OBD requirements to the extent feasible system must detect and identify manufacturer can demonstrate that a as approved by the Administrator. malfunctions in all monitored emission- catastrophic failure of the system will (j) California OBDII compliance related powertrain systems or not result in exceedance of the option. Through the 2006 model year, components according to the following threshold. Further, if equipped with a for light-duty vehicles, light-duty trucks, malfunction definitions as measured DPF, the OBD system shall detect DPF and heavy-duty vehicles weighing and calculated in accordance with test deterioration or malfunction before it 14,000 pounds GVWR or less, procedures set forth in subpart B of this results in exhaust emissions exceeding, demonstration of compliance with part (chassis-based test procedures), for 2010 through 2012 model years, 4 California OBDII requirements (Title 13 excluding those test procedures defined times the applicable PM standard and, California Code of Regulations § 1968.2 as ‘‘Supplemental’’ test procedures in for 2013 and later model years, the (13 CCR 1968.2)), as modified, approved § 86.004–2 and codified in §§ 86.158, applicable PM standard +0.04 g/mi. and filed on April 21, 2003 86.159, and 86.160. (2) Engine misfire. Lack of cylinder (incorporated by reference, see § 86.1), (1) Catalysts and diesel particulate combustion must be detected. shall satisfy the requirements of this filters (DPF). (3) Exhaust gas sensors. section, except that compliance with 13 (i) If equipped, reduction catalyst (i) Oxygen sensors and air-fuel ratio CCR 1968.2(e)(4.2.2)(C), pertaining to deterioration or malfunction before it sensors downstream of aftertreatment 0.02 inch evaporative leak detection, results in exhaust emissions exceeding, devices. If equipped, sensor and 13 CCR 1968.2(d)(1.4), pertaining to for model years 2007 through 2009, 4 deterioration or malfunction resulting in tampering protection, are not required times the applicable NOX standard and, exhaust emissions exceeding any of the to satisfy the requirements of this for model years 2010 through 2012, the following levels: for 2007 through 2009 section. Also, the deficiency provisions applicable NOX standard+0.6 g/mi and, model years, 4 times the applicable PM of 13 CCR 1968.2(i) do not apply. In for model years 2013 and later, the standard, or 3 times the applicable NOX addition, demonstration of compliance applicable NOX standard+0.3 g/mi. standard, or 2.5 times the applicable with 13 CCR 1968.2(e)(16.2.1)(C), to the Further, if equipped, oxidation catalyst NMHC standard and, for 2010 through extent it applies to the verification of (not to include the DPF), deterioration 2012 model years, 4 times the proper alignment between the camshaft or malfunction before it results in applicable PM standard, or the and crankshaft, applies only to vehicles exhaust NMHC emissions exceeding, for applicable NOX standard+0.3 g/mi, or equipped with variable valve timing. 2010 through 2012 model years, 2.5 2.5 times the applicable NMHC standard Beginning with the 2007 model year, for times the applicable NMHC standard and, for 2013 and later model years, the light-duty vehicles, light-duty trucks, and, for 2013 and later model years, 2 applicable PM standard+0.04 g/mi, or and heavy-duty vehicles weighing times the applicable NMHC standard. the applicable NOX standard+0.3 g/mi, 14,000 pounds GVWR or less, Monitoring of oxidation catalysts is not or 2 times the applicable NMHC demonstration of compliance with required through the 2009 model year. standard. California OBD II requirements (Title 13 These catalyst monitoring need not be (ii) Oxygen sensors and air-fuel ratio California Code of Regulations § 1968.2 done if the manufacturer can sensors upstream of aftertreatment (13 CCR 1968.2)), approved on demonstrate that deterioration or devices. If equipped, sensor November 9, 2007 (incorporated by malfunction of the system will not deterioration or malfunction resulting in reference, see § 86.1), shall satisfy the result in exceedance of the threshold. exhaust emissions exceeding any of the requirements of this section, except that As an alternative to the oxidation following levels: for 2007 through 2009 compliance with 13 CCR catalyst monitoring requirement, the model years, 4 times the applicable PM 1968.2(e)(4.2.2)(C), pertaining to 0.02 monitor can be designed to detect standard, or 3 times the applicable NOX inch evaporative leak detection, and 13 oxidation catalyst deterioration or standard, or 2.5 times the applicable CCR 1968.2(d)(1.4), pertaining to malfunction before it results in an NMHC standard, or 2.5 times the tampering protection, are not required inability to achieve a temperature rise of applicable CO standard and, for 2010

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through 2012 model years, the emission-related powertrain system or applicable NMHC standard and, for applicable PM standard+0.02 g/mi, or component not otherwise described in 2013 and later model years, 2 times the the applicable NOX standard+0.3 g/mi, paragraphs (n)(1) through (n)(5) of this applicable NMHC standard. If or 2.5 times the applicable NMHC section that either provides input to or monitored for exotherm performance for standard, or 2.5 times the applicable CO receives commands from the on-board 2010 and later model years, an standard and, for 2013 and later model computer and has a measurable impact oxidation catalsyt is replaced with a years, the applicable PM standard+0.02 on emissions; monitoring of deteriorated or defective catalyst, or an g/mi, or the applicable NOX components required by this paragraph electronic simulation of such, resulting standard+0.3 g/mi, or 2 times the (n)(6) must be satisfied by employing in an inability to achieve a 100 degree applicable NMHC standard, or 2 times electrical circuit continuity checks and C temperature rise, or the necessary the applicable CO standard. rationality checks for computer input regeneration temperature, within 60 (iii) NOX sensors. If equipped, sensor components (input values within seconds of initiating a DPF regeneration. deterioration or malfunction resulting in manufacturer specified ranges based on (ii) If monitored for performance—a exhaust emissions exceeding any of the other available operating parameters), DPF is replaced with a DPF that has following levels: for 2007 through 2009 and functionality checks for computer catastrophically failed, or an electronic model years, 5 times the applicable PM output components (proper functional simulation of such. Further, a DPF is standard, or 4 times the applicable NOX response to computer commands) replaced with a deteriorated or defective standard and, for 2010 through 2012 except that the Administrator may DPF, or an electronic simulation of model years, 4 times the applicable PM waive such a rationality or functionality such, resulting in exhaust PM emissions standard, or the applicable NOX check where the manufacturer has exceeding, for 2010 through 2012 model standard+0.6 g/mi and, for 2013 and demonstrated infeasibility. years, 4 times the applicable PM later model years, the applicable PM Malfunctions are defined as a failure of standard and, for 2013 and later model standard+0.04 g/mi, or the applicable the system or component to meet the years, the applicable PM standard+0.04 NOX standard+0.3 g/mi. electrical circuit continuity checks or g/mi. (4) [Reserved.] the rationality or functionality checks. (5) Other emission control systems (2) An engine misfire condition is (7) Performance of OBD functions. induced and is not detected. and components. Any deterioration or Any sensor or other component (3)(i) If so equipped, any oxygen malfunction occurring in an engine deterioration or malfunction which sensor or air-fuel ratio sensor located system or component directly intended renders that sensor or component downstream of aftertreatment devices is to control emissions, including but not incapable of performing its function as replaced with a deteriorated or defective necessarily limited to, the exhaust gas part of the OBD system must be detected sensor, or an electronic simulation of recirculation (EGR) system, if equipped, and identified on engines so equipped. and the fuel control system, singularly (o) For 2007 and later model year such, resulting in exhaust emissions resulting in exhaust emissions diesel complete heavy-duty vehicles, in exceeding any of the following levels: exceeding any of the following levels: lieu of the certification provisions of for 2007 through 2009 model years, 4 For 2007 through 2009 model years, 4 paragraph (k) of this section, the times the applicable PM standard, or 3 times the applicable PM standard, or 3 certification provisions of this times the applicable NOX standard, or 2.5 times the applicable NMHC standard times the applicable NOX standard, or paragraph (o) shall apply. For test 2.5 times the applicable NMHC groups required to have an OBD system, and, for 2010 through 2012 model years, standard, or 2.5 times the applicable CO certification will not be granted if, for 4 times the applicable PM standard, or standard and, for 2010 through 2012 any test vehicle approved by the the applicable NOX standard+0.3 g/mi, model years, 4 times the applicable PM Administrator in consultation with the or 2.5 times the applicable NMHC standard, or the applicable NOX manufacturer, the malfunction indicator standard and, for 2013 and later model standard+0.3 g/mi, or 2.5 times the light does not illuminate under any of years, the applicable PM standard+0.04 applicable NMHC standard, or 2.5 times the following circumstances, unless the g/mi, or the applicable NOX the applicable CO standard and, for manufacturer can demonstrate that any standard+0.3 g/mi, or 2 times the 2013 and later model years, the identified OBD problems discovered applicable NMHC standard. applicable PM standard+0.02 g/mi, or during the Administrator’s evaluation (ii) If so equipped, any oxygen sensor the applicable NOX standard+0.3 g/mi, will be corrected on production or air-fuel ratio sensor located upstream or 2 times the applicable NMHC vehicles. of aftertreatment devices is replaced standard, or 2 times the applicable CO (1)(i) If monitored for emissions with a deteriorated or defective sensor, standard. A functional check, as performance—a reduction catalyst is or an electronic simulation of such, described in paragraph (n)(6) of this replaced with a deteriorated or defective resulting in exhaust emissions section, may satisfy the requirements of catalyst, or an electronic simulation of exceeding any of the following levels: this paragraph (n)(5) provided the such, resulting in exhaust emissions for 2007 through 2009 model years, 4 manufacturer can demonstrate that a exceeding, for 2007 through 2009 model times the applicable PM standard, or 3 malfunction would not cause emissions years, 4 times the applicable NOX times the applicable NOX standard, or to exceed the applicable levels. This standard and, for 2010 through 2012 2.5 times the applicable NMHC demonstration is subject to model years, the applicable NOX standard, or 2.5 times the applicable CO Administrator approval. For engines standard+0.6 g/mi and, for 2013 and standard and, for 2010 through 2012 equipped with crankcase ventilation later model years, the applicable NOX model years, the applicable PM (CV), monitoring of the CV system is not standard+0.3 g/mi. Also if monitored for standard+0.02 g/mi, or the applicable necessary provided the manufacturer emissions performance-an oxidation NOX standard+0.3 g/mi, or 2.5 times the can demonstrate to the Administrator’s catalyst (not to include the DPF) is applicable NMHC standard, or 2.5 times satisfaction that the CV system is replaced with a deteriorated or defective the applicable CO standard and, for unlikely to fail. catalyst, or an electronic simulation of 2013 and later model years, the (6) Other emission-related powertrain such, resulting in exhaust NMHC applicable PM standard+0.02 g/mi, or components. Any other deterioration or emissions exceeding, for 2010 through the applicable NOX standard+0.3 g/mi, malfunction occurring in an electronic 2012 model years, 2.5 times the or 2 times the applicable NMHC

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standard, or 2 times the applicable CO (6) A malfunction condition is (5) Hobby engines. This part does not standard. induced in an electronic emission- apply for engines installed in reduced-

(iii) If so equipped, any NOX sensor is related powertrain system or component scale models of vehicles that are not replaced with a deteriorated or defective not otherwise described in this capable of transporting a person. sensor, or an electronic simulation of paragraph (o) that either provides input * * * * * such, resulting in exhaust emissions to or receives commands from the on- exceeding any of the following levels: board computer resulting in a PART 90—CONTROL OF EMISSIONS for 2007 through 2009 model years, 5 measurable impact on emissions. FROM NONROAD SPARK-IGNITION times the applicable PM standard, or 4 ■ 9. Section 86.1863–07 is amended by ENGINES AT OR BELOW 19 KILOWATTS times the applicable NOX standard and, revising paragraphs (b) and (c) to read as follows. for 2010 through 2012 model years, 4 ■ times the applicable PM standard, or the 12. The authority citation for part 90 § 86.1863–07 Optional chassis certification continues to read as follows: applicable NOX standard+0.6 g/mi and, for diesel vehicles. for 2013 and later model years, the Authority: 42 U.S.C. 7401–7671q. * * * * * applicable PM standard+0.04 g/mi, or (b) For OBD, diesel vehicles Subpart G—[Amended] the applicable NOX standard+0.3 g/mi. optionally certified under this section (4) [Reserved.] are subject to the OBD requirements of ■ 13. Section 90.611 is revised to read (5) A malfunction condition is § 86.1806–05 and superseding sections. as follows: induced in any emission-related engine (c) Diesel vehicles optionally certified under this section may be tested using § 90.611 Importation for purposes other system or component, including but not than resale. necessarily limited to, the exhaust gas the test fuels, sampling systems, or recirculation (EGR) system, if equipped, analytical systems specified for diesel The provisions of 40 CFR 1054.630 and the fuel control system, singularly engines in Subpart N of this part or in apply for importation of nonconforming resulting in exhaust emissions 40 CFR part 1065. engines for personal use. exceeding any of the following levels: * * * * * PART 1027—FEES FOR ENGINE, for 2007 through 2009 model years, 4 PART 89—CONTROL OF EMISSIONS VEHICLE, AND EQUIPMENT times the applicable PM standard or 3 COMPLIANCE PROGRAMS times the applicable NOX standard, or FROM NEW AND IN-USE NONROAD COMPRESSION-IGNITION ENGINES 2.5 times the applicable NMHC ■ 14. The authority citation for part standard, or 2.5 times the applicable CO ■ 10. The authority citation for part 89 1027 continues to read as follows: standard and, for 2010 through 2012 continues to read as follows: model years, 4 times the applicable PM Authority: 42 U.S.C. 7401–7671q. Authority: 42 U.S.C. 7401–7671q. standard, or the applicable NOX ■ 15. Section 1027.105 is amended by standard+0.3 g/mi, or 2.5 times the Subpart A—[Amended] revising the equation in paragraph applicable NMHC standard, or 2.5 times (c)(1)(i) and the equation in paragraph the applicable CO standard and, for ■ 11. Section 89.1 is amended by (c)(1)(ii) to read as follows. 2013 and later model years, the revising paragraph (b)(5) to read as § 1027.105 How much are the fees? applicable PM standard+0.02 g/mi, or follows: the applicable NOX standard+0.3 g/mi, * * * * * or 2 times the applicable NMHC § 89.1 Applicability. (c) * * * standard, or 2 times the applicable CO * * * * * (1) * * * standard. (b) * * * (i) * * *

* * * * * (ii) * * *

* * * * * Authority: 42 U.S.C. 7401–7671q. § 1033.150 Interim provisions. * * * * * PART 1033—CONTROL OF EMISSIONS Subpart B—[Amended] FROM LOCOMOTIVES (f) * * * ■ 17. Section 1033.150 is amended by ■ 16. The authority citation for part revising Table 1 in paragraph (f) to read 1033 continues to read as follows: as follows.

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TABLE 1 TO § 1033.150—IN-USE ADJUSTMENTS FOR TIER 4 LOCOMOTIVES

In-use adjustments (g/bhp-hr)

For model For model Fraction of useful life already used year 2017 and year 2017 and earlier Tier 4 earlier Tier 4 NOX standards PM standards

0 < MW-hrs ≤ 50% of UL ...... 0.7 0.01 50 < MW-hrs ≤ 75% of UL ...... 1.0 0.01 MW-hrs > 75% of UL ...... 1.3 0.01

* * * * * within ± 5 seconds of the specified time notch 5, and notch 8) meets the criteria in each test mode. If the PM sample is for minimum dilution ratio in 40 CFR Subpart F—[Amended] not sufficiently large, take one of the part 1065. following actions consistent with good * * * * * ■ 18. Section 1033.515 is amended by engineering judgment: revising paragraph (c)(5) to read as (i) Extend the sampling period up to ■ 19. Section 1033.520 is amended by follows. a maximum of 15 minutes. removing Tables 1 and 2 in paragraph (ii) Group the modes in the same (e)(7), and adding a new paragraph (g) § 1033.515 Discrete-mode steady-state manner as the phases of the ramped to read as follows: emission tests of locomotives and modal cycle and use three different locomotive engines. § 1033.520 Alternative ramped modal dilution settings for the groups. Use one cycles. * * * * * setting for both idle modes, one for (c) * * * dynamic brake through notch 5, and one * * * * * (5) Begin proportional sampling of PM for notches 6 through 8. For each group, (g) The following tables define emissions at the beginning of each ensure that the mode with the highest applicable ramped modal cycles for sampling period and terminate sampling exhaust flow (typically normal idle, line-haul and switch locomotives:

TABLE 1 TO § 1033.520—LINE-HAUL LOCOMOTIVE RAMPED MODAL CYCLE

Time in Weighting RMC mode RMC test phase factor mode (seconds) Notch setting

Pre-test idle NA NA 600 to 900 Lowest idle setting 1

Phase 1 A 600 Low Idle.2 (Idle test) ...... 0.380 B 600 Normal Idle.

Phase Transition

C 1000 Dynamic Brake.3 1 520 Notch 1. Phase 2 ...... 0.389 2 520 Notch 2. 3 416 Notch 3. 4 352 Notch 4. 5 304 Notch 5.

Phase Transition

6 144 Notch 6. Phase 3 ...... 0.231 7 111 Notch 7. 8 600 Notch 8. 1 See paragraph (d) of this section for alternate pre-test provisions. 2 Operate at normal idle for modes A and B if not equipped with multiple idle settings. 3 Operate at normal idle if not equipped with a dynamic brake.

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TABLE 2 TO § 1033.520—SWITCH LOCOMOTIVE RAMPED MODAL CYCLE

Time in Weighting RMC mode RMC test phase factor mode (seconds) Notch setting

Pre-test idle NA NA 600 to 900 Lowest idle setting 1

Phase 1 A 600 Low Idle.2 (Idle test) ...... 0.598 B 600 Normal Idle.

Phase Transition

1 868 Notch 1. 2 861 Notch 2. Phase 2 ...... 0.377 3 406 Notch 3. 4 252 Notch 4. 5 252 Notch 5.

Phase Transition

6 1080 Notch 6. Phase 3 ...... 0.025 7 144 Notch 7. 8 576 Notch 8. 1 See paragraph (d) of this section for alternate pre-test provisions. 2 Operate at normal idle for modes A and B if not equipped with multiple idle settings.

Subpart G—[Amended] § 1033.645 Non-OEM component (3) We may determine that other types certification program. of components can be certified under ■ 20. Section 1033.640 is amended by * * * * * this section, consistent with good revising paragraph (a)(2) to read as (a) Applicability. This section applies engineering judgment. follows. only for components that are commonly * * * * * replaced during remanufacturing. It § 1033.640 Provisions for repowered and does not apply for other types of PART 1042—CONTROL OF EMISSIONS refurbished locomotives. components that are replaced during a FROM NEW AND IN-USE MARINE (a) * * * locomotive’s useful life, but not COMPRESSION-IGNITION ENGINES (2) Refurbished locomotives are typically replaced during AND VESSELS locomotives that contain more unused remanufacture. Certified components parts than previously used parts. As may be used for remanufacturing or ■ 22. The authority citation for part described in this section, a locomotive other maintenance. 1042 continues to read as follows: (1) The following components are containing more unused parts than Authority: 42 U.S.C. 7401–7671q. previously used parts may be deemed to eligible for approval under this section: be either remanufactured or freshly (i) Cylinder liners. Subpart B—[Amended] manufactured, depending on the total (ii) Pistons. (iii) Piston rings. amount of unused parts on the ■ 23. Section 1042.101 is amended by locomotive. Note that § 1033.901 defines (iv) Heads (v) Fuel injectors. revising Table 1 in paragraph (a)(3) to refurbishment of a pre-1973 locomotive read as follows: to be an upgrade of the locomotive. (vi) Turbochargers (vii) Aftercoolers and intercoolers. § 1042.101 Exhaust emission standards. * * * * * (2) Catalysts and electronic controls ■ 21. Section 1033.645 is amended by are not eligible for approval under this (a) * * * revising paragraph (a) to read as follows. section. (3) * * *

TABLE 1 TO § 1042.101—TIER 3 STANDARDS FOR CATEGORY 1 ENGINES BELOW 3700 KW A

Power density and application Displacement (L/cyl) Maximum Model year PM NOX + HC engine power (g/kW-hr) (g/kW-hr) b

All ...... disp. < 0.9 ...... kW < 19 ...... 2009+ 0.40 7.5 19 ≤ kW < 75 ...... 2009–2013 0.30 7.5 2014+ 0.30 4.7 Commercial engines with kW/L disp. < 0.9 ...... kW ≥ 75 ...... 2012+ 0.14 5.4 ≤ 35 b. 0.9 ≤ disp. < 1.2 ...... all ...... 2013+ 0.12 5.4 1.2 ≤ disp. < 2.5 ...... kW < 600 ...... 2014–2017 0.11 5.6 2018+ 0.10 5.6 kW ≥ 600 ...... 2014+ 0.11 5.6 2.5 ≤ disp. < 3.5 ...... kW < 600 ...... 2013–2017 0.11 5.6 2018+ 0.10 5.6 kW ≥ 600 ...... 2013+ 0.11 5.6 3.5 ≤ disp. < 7.0 ...... kW < 600 ...... 2012–2017 0.11 5.8 2018+ 0.10 5.8 kW ≥ 600 ...... 2012+ 0.11 5.8

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TABLE 1 TO § 1042.101—TIER 3 STANDARDS FOR CATEGORY 1 ENGINES BELOW 3700 KW A—Continued

+ HC Power density and application Displacement (L/cyl) Maximum Model year PM NOX engine power (g/kW-hr) (g/kW-hr) b

Commercial engines with kW/L disp. < 0.9 ...... kW ≥ 75 ...... 2012+ 0.15 5.8 > 35 and all recreational en- gines b. 0.9 ≤ disp. < 1.2 ...... all ...... 2013+ 0.14 5.8 1.2 ≤ disp. < 2.5 ...... 2014+ 0.12 5.8 2.5 ≤ disp. < 3.5 ...... 2013+ 0.12 5.8 3.5 ≤ disp. < 7.0 ...... 2012+ 0.11 5.8 a No Tier 3 standards apply for commercial Category 1 engines at or above 3700 kW. See § 1042.1(c) and paragraph (a)(6) of this section for the standards that apply for these engines. b The applicable NOX + HC standards specified for Tier 2 engines in Appendix I of this part continue to apply instead of the values noted in the table for commercial engines at or above 2000 kW. FELs for these engines may not be higher than the Tier 1 NOX standard specified in Appen- dix I of this part.

* * * * * to remanufactured engines as described is removed or disabled are no longer in § 1042.635. constant-speed engines. Subpart G—[Amended] * * * * * PART 1048—CONTROL OF EMISSIONS ■ 24. Section 1042.635 is amended by FROM NEW, LARGE NONROAD PART 1054—CONTROL OF EMISSIONS revising paragraphs (a) and (b) and SPARK-IGNITION ENGINES FROM NEW, SMALL NONROAD removing and reserving paragraph (c) to SPARK-IGNITION ENGINES AND read as follows: ■ 26. The authority citation for part EQUIPMENT 1048 continues to read as follows: § 1042.635 National security exemption. ■ Authority: 42 U.S.C. 7401–7671q. 29. The authority citation for part * * * * * 1054 continues to read as follows: (a) An engine is exempt without a Subpart A—[Amended] Authority: 42 U.S.C. 7401–7671q. request if it will be used or owned by an agency of the federal government ■ 27. Section 1048.15 is amended by Subpart G—[Amended] responsible for national defense, where revising paragraph (a) to read as follows: the vessel in which it is installed has ■ 30. Section 1054.690 is amended by armor, permanently attached weaponry, § 1048.15 Do any other regulation parts revising paragraph (a) to read as follows: specialized electronic warfare systems, apply to me? § 1054.690 What bond requirements apply unique stealth performance (a) Part 1060 of this chapter describes for certified engines? requirements, and/or unique combat standards and procedures for (a) Before introducing certified maneuverability requirements. This controlling evaporative emissions from engines into U.S. commerce, you must applies to both remanufactured and engines fueled by gasoline or other post a bond to cover any potential freshly manufactured marine engines. volatile liquid fuels and the associated compliance or enforcement actions (b) Manufacturers may request a fuel systems. These requirements apply under the Clean Air Act unless you national security exemption for engines to engine manufacturers as specified in demonstrate to us in your application not meeting the conditions of paragraph this part 1048. Part 1060 applies for certification that you are able to meet (a) of this section, as long as the request optionally for equipment manufacturers any potential compliance- or is endorsed by an agency of the federal and fuel-system component enforcement-related obligations, as government responsible for national manufacturers for certifying their described in this section. See paragraph defense. Agencies of the federal products. (j) of this section for the requirements government responsible for national * * * * * related to importing engines that have defense may request exemptions for been certified by someone else. Note remanufactured engines. In your Subpart I—[Amended] that you might also post bond under this request, explain why you need the section to meet your obligations under exemption. ■ 28. Section 1048.801 is amended by § 1054.120. revising the definition for ‘‘Constant- (c) [Reserved]. * * * * * * * * * * speed engine’’ to read as follows: § 1048.801 What definitions apply to this PART 1060—CONTROL OF Subpart I—[Amended] part? EVAPORATIVE EMISSIONS FROM * * * * * NEW AND IN-USE NONROAD AND ■ 25. Section 1042.850 is amended by STATIONARY EQUIPMENT adding paragraph (d) to read as follows: Constant-speed engine means an engine that is certified only for constant- ■ 31. The authority citation for part § 1042.850 Exemptions and hardship speed operation. This may include 1060 continues to read as follows: relief. engines that allow the operator to adjust Authority: 42 U.S.C. 7401–7671q. * * * * * the set point for fixing the appropriate (d) Other exemptions specified in governed speed. See subparts B and C Subpart B—[Amended] subpart G of this part and 40 CFR part of this part for specific provisions 1068, subparts C and D also apply to related to certifying engines only for ■ 32. Section 1060.102 is amended by remanufactured engines. For example, constant-speed operation. Engines revising paragraph (d)(1) to read as the national security exemption applies whose constant-speed governor function follows:

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§ 1060.102 What permeation emission subject to § 1060.102, petcocks designed may not contain air outlets that vent to control requirements apply for fuel lines? for draining fuel, grommets used with the atmosphere at pressures below 34.5 * * * * * fuel lines, or grommets used with other kPa (5.0 psig). (d) * * * hose or tubing excluded from the * * * * * (1) EPA Low-Emission Fuel Lines definition of ‘‘fuel line.’’ Fuel tanks must have permeation emissions at or include other fittings (such as fuel caps, Subpart F—[Amended] below 10 g/m2/day when measured gaskets, and O-rings) that are directly according to the test procedure mounted to the fuel tank. ■ 35. Section 1060.501 is amended by described in § 1060.510. Fuel lines that * * * * * revising paragraph (e) to read as follows: comply with this emission standard are ■ 34. Section 1060.105 is amended by deemed to comply with all the emission § 1060.501 General testing provisions. revising paragraph (c)(2) to read as * * * * * standards specified in this section. follows: * * * * * (e) Accuracy and precision of mass ■ 33. Section 1060.103 is amended by § 1060.105 What diurnal requirements balances must be sufficient to ensure apply for equipment? revising paragraph (d) to read as accuracy and precision of two percent follows: * * * * * or better for emission measurements for (c) * * * products at the maximum level allowed § 1060.103 What permeation emission (2) They must remain sealed up to a by the standard. The readability of the control requirements apply for fuel tanks? positive pressure of 24.5 kPa (3.5 psig); display may not be coarser than half of * * * * * however, they may contain air inlets the required accuracy and precision. (d) For purposes of this part, fuel that open when there is a vacuum Examples are shown in the following tanks do not include fuel lines that are pressure inside the tank. Such fuel tanks table for a digital readout:

Example #1 Example #2 Example #3

Applicable standard ...... 1.5 g/m2/day ...... 1.5 g/m2/day ...... 15 g/m2/day. Internal surface area ...... 1.15 m2 ...... 0.47 m2 ...... 0.015 m2. Length of test ...... 14.0 days ...... 14.0 days ...... 14.1 days. Maximum allowable mass change ...... 24.15 g ...... 9.87 g ...... 3.173 g. Required accuracy and precision ...... ±0.483 g or better ...... ±0.197 g or better ...... ±0.0635 g or better. Required readability ...... 0.1 g or better ...... 0.1 g or better ...... 0.01 g or better.

■ 36. Section 1060.510 is revised to read (1) For EPA Nonroad Fuel Lines, use PART 1065—ENGINE-TESTING as follows: Fuel CE10, which is Fuel C as specified PROCEDURES in ASTM D471 (incorporated by § 1060.510 How do I test EPA Low- reference in § 1060.810) blended with ■ Emission Fuel Lines for permeation 38. The authority citation for part emissions? ethanol such that the blended fuel has 1065 continues to read as follows: 10.0 ± 1.0 percent ethanol by volume. For EPA Low-Emission Fuel Lines, Authority: 42 U.S.C. 7401–7671q. measure emissions according to SAE * * * * * J2260, which is incorporated by (c) Measure fuel line permeation Subpart G—[Amended] reference in § 1060.810. emissions using the equipment and procedures for weight-loss testing ■ 39. Section 1065.672 is amended by ■ 37. Section 1060.515 is amended by specified in SAE J30 or SAE J1527 revising paragraph (d)(2) to read as revising paragraphs (a)(1) and (c) to read (incorporated by reference in follows: as follows: § 1060.810). Start the measurement § 1065.672 Drift correction. § 1060.515 How do I test EPA Nonroad procedure within 8 hours after draining Fuel Lines and EPA Cold-Weather Fuel and refilling the fuel line. Perform the * * * * * Lines for permeation emissions? emission test over a sampling period of (d) * * * * * * * * 14 days. (2) Correct for drift using the (a) * * * * * * * * following equation:

Where: xprespan = pre-test interval gas analyzer xpostzero = post-test interval gas analyzer response to the zero gas concentration. xidriftcorrected = concentration corrected for response to the span gas concentration. drift. xpostspan = post-test interval gas analyzer Example: μ xrefzero = reference concentration of the zero response to the span gas concentration. xrefzero = 0 mol/mol μ gas, which is usually zero unless known xi or x¯ = concentration recorded during test, xrefspan = 1800.0 mol/mol μ to be otherwise. before drift correction. xprespan = 1800.5 mol/mol xpostspan = 1695.8 μmol/mol xrefspan = reference concentration of the span xprezero = pre-test interval gas analyzer x or x¯ = 435.5 μmol/mol gas. response to the zero gas concentration. i xprezero = 0.6 μmol/mol

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xpostzero = ¥5.2 μmol/mol

2⋅−+− 435.(.(.)) 5 0 6 5 2 x =+0(.) 1800 0 − 0 ⋅ idriftcorrected (.1800 5 +11695.) 8−+− (. 0 6 ( 5 .)) 2

μ xidriftcorrected = 450.2 mol/mol § 1068.201 Does EPA exempt or exclude (c) [Reserved]. * * * * * any engines/equipment from the prohibited acts? * * * * * Subpart K—[Amended] * * * * * Subpart D—[Amended] (h) You may ask us to modify the ■ 40. Section 1065.1001 is amended by administrative requirements for the ■ revising the definition for ‘‘Constant- 44. Section 1068.325 is amended as exemptions described in this subpart or follows: speed operation’’ to read as follows: in subpart D of this part. We may ■ a. By revising paragraph (g). § 1065.1001 Definitions. approve your request if we determine that such approval is consistent with the ■ b. By redesignating paragraph (i) as * * * * * intent of this part. For example, paragraph (j). Constant-speed operation means waivable administrative requirements ■ c. By adding and reserving paragraph engine operation with a governor that might include some reporting (i). automatically controls the operator requirements, but would not include demand to maintain engine speed, even any eligibility requirements or use § 1068.325 What are the temporary under changing load. Governors do not restrictions. exemptions for imported engines/ always maintain speed exactly constant. equipment? Typically speed can decrease (0.1 to 10) * * * * * % below the speed at zero load, such ■ 43. Section 1068.225 is amended by * * * * * that the minimum speed occurs near the revising paragraphs (a) and (b) and (g) You may import an engine if engine’s point of maximum power. removing and reserving paragraph (c) to another company already has a (Note: An engine with an adjustable read as follows: certificate of conformity and will be governor setting may be considered to § 1068.225 What are the provisions for modifying the engine to be in its final, operate at constant speed, subject to our exempting engines/equipment for national certified configuration under the approval. For such engines, the security? provisions of § 1068.262. You may also governor setting is considered an (a) An engine/equipment is exempt import a partially complete engine by adjustable parameter.) without a request if it will be used or shipping it from one of your facilities to * * * * * owned by an agency of the federal another under the provisions of government responsible for national § 1068.260(c). If you are importing a PART 1068—GENERAL COMPLIANCE defense, where the equipment in which used engine that becomes new as a PROVISIONS FOR NONROAD it is installed has armor, permanently result of importation, you must meet all PROGRAMS attached weaponry, or other substantial the requirements that apply to original ■ 41. The authority citation for part features typical of military combat. engine manufacturers under § 1068.262. 1068 continues to read as follows: (b) Manufacturers may request a * * * * * national security exemption for engines/ Authority: 42 U.S.C. 7401–7671q. equipment not meeting the conditions (i) [Reserved] of paragraph (b) of this section as long Subpart C—[Amended] * * * * * as the request is endorsed by an agency [FR Doc. E9–2405 Filed 2–23–09; 8:45 am] ■ of the federal government responsible 42. Section 1068.201 is amended by BILLING CODE 6560–50–P revising paragraph (h) to read as for national defense. In your request, follows: explain why you need the exemption.

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Part III

The President Executive Order 13504—Amending Executive Order 13390

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Federal Register Presidential Documents Vol. 74, No. 35

Tuesday, February 24, 2009

Title 3— Executive Order 13504 of February 20, 2009

The President Amending Executive Order 13390

By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended (42 U.S.C. 5121– 5206), and in order to extend the work of the Coordinator of Federal Support for the Recovery and Rebuilding of the Gulf Coast Region, Executive Order 13390 of November 1, 2005, as amended, is further amended by striking ‘‘February 28, 2009’’ and inserting in lieu thereof ‘‘September 30, 2009’’.

THE WHITE HOUSE, February 20, 2009.

[FR Doc. E9–4103 Filed 2–23–09; 11:15 am] Billing code 3195–W9–P

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Part IV

Postal Service Change in Rates of General Applicability for Competitive Products; Notice

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POSTAL SERVICE In Parcel Select, there are three costs (39 U.S.C. 3633(a)(2)). They categories (Origin BMC Presort, BMC should allow competitive products as a Change in Rates of General Presort, and Barcoded Inter-BMC and whole to comply with 39 U.S.C. Applicability for Competitive Products Intra-BMC) that were not included in 3633(a)(3), which, as implemented by the January 2009 competitive products’ 39 CFR 3015.7(c), requires competitive Editorial Note: Notice document E9-3483 price increase. These categories’ prices products to contribute a minimum of 5.5 was inadvertently removed from the issue of are calculated based on (market- percent to the Postal Service’s total Monday, February 23, 2009. It appears in this dominant) Single-Piece Parcel Post institutional costs. issue in its entirety. prices. Accordingly, these categories’ AGENCY: Postal Service.TM prices are being increased concurrently Order ACTION: Notice of a change in rates of with the market-dominant price change The changes in prices and classes set general applicability for competitive effective on May 11, 2009, in order to forth herein shall be effective at 12:01 products. maintain their relationship with the a.m. on May 11, 2009. We direct the Single-Piece Parcel Post prices on which Secretary to have this decision SUMMARY: This notice sets forth changes they are based. As a result, prices for the published in the Federal Register in in rates of general applicability for overall Parcel Select product will competitive products. accordance with 39 U.S.C. 3632(b)(2). increase by an additional one-half of We also direct management to file with DATES: Effective Date: May 11, 2009. one percent. Minor structural changes the Postal Regulatory Commission FOR FURTHER INFORMATION CONTACT: are also made within the two Presort appropriate notice of these changes. Daniel J. Foucheaux, 202–268–2989. price categories to better reflect the By The Governors: SUPPLEMENTARY INFORMATION: On discount for barcoding. The nonpresort February 3, 2009, pursuant to their categories (Barcoded Inter-BMC and lll/s/lll, authority under 39 U.S.C. 3632, the Intra-BMC) are now merged into one Alan C. Kessler. Governors of the Postal Service category, Barcoded Nonpresort. Chairman. established prices and classification Premium Forwarding Service prices Certification of Governors’ Vote In changes for competitive products. The were not changed as part of the Governors’ Decision No. 09–01 Governors’ Decision and the record of competitive products’ price increase in proceedings in connection with this January 2009. Premium Forwarding I Hereby Certify that the Governors Decision are reprinted below in Service prices will increase by 20.2 voted on adopting Governors’ Decision accordance with 39 U.S.C. 3632(b)(2). percent overall on May 11, 2009. No. 09–01, and that, consistent with 39 International Priority Airmail (IPA) U.S.C. 3632(a), a majority of the Neva R. Watson, and International Surface Air Lift (ISAL) governors then holding office concurred Attorney, Legislative. prices were not changed as part of the in the Decision. Decision of the Governors of the United January 2009 adjustment. Their prices Date: February 3, 2009. States Postal Service on Changes in are calculated based on First-Class Mail lll/s/lll, Rates and Classes of General International prices, which are being Julie S. Moore. increased as part of the market- Applicability for Certain Competitive Secretary of the Board of Governors. Products (Governors’ Decision No. 09– dominant price change effective May 11, 01) 2009. There are also several structural Analysis of Price and Classification changes: new country specific price Changes February 3, 2009 groups are added; pricing will be differentiated by presort level (Direct The prices for the following Shipping Statement of Explanation and Services (competitive) products will Justification Country, Mixed Country, and Worldwide Non-presort); and change on May 11, 2009, as explained Pursuant to our authority under Worldwide Non-presort, previously below. section 3632 of title 39, as amended by applicable only to IPA, will now also be I. Parcel Select the Postal Accountability and applicable to ISAL. In addition, mixed Enhancement Act of 2006 (‘‘PAEA’’), we country sacks would only be applicable There are three categories within establish new prices of general to dropshipped items, and the minimum Parcel Select (Origin BMC Presort, BMC applicability for the following volume per mailing for IPA is raised to Presort, and Barcoded Inter-BMC and competitive products, and such changes 50 pounds. Noncontractual IPA will Intra-BMC) that were not included in in classifications as are necessary to have a price increase of 20.8 percent the January 2009 price increase for define the new prices: Parcel Select, and noncontractual ISAL will increase Shipping Services. Although these Premium Forwarding Service, by 2.4 percent. categories are part of Shipping Services, International Priority Airmail, Prices for competitive International their prices are being increased in May International Surface Air Lift, and Ancillary Services are also increasing to because they are calculated based on International Ancillary Services. coincide with identical increases in the Single-Piece Parcel Post prices, which Management’s analysis of these changes prices of market-dominant International are part of Mailing Services. The is provided in Attachment A and the Ancillary Services. Prices for the increase in prices for these categories prices and classification are shown in competitive International Ancillary will increase prices for the overall full in Attachment B. We have reviewed Services will increase, on average, by Parcel Select product by an additional management’s analysis and have 6.1 percent. one-half of one percent. Also, the price evaluated the new prices and As described in Attachment A, these charts within the presorted categories classification changes in accordance changes satisfy the statutory have been re-aligned slightly to better with 39 U.S.C. 3632–3633 and 39 CFR requirements. They should not result in reflect the inclusion of the 3-cent 3015.2. We approve the changes set the subsidization of competitive discount for barcoding, and the inter- forth in Attachment B, finding that they products by market dominant products BMC and intra-BMC prices are merged are appropriate, and are consistent with (39 U.S.C. 3633(a)(1)). Each competitive into one category for barcoded the regulatory criteria. product should cover its attributable nonpresort parcels.

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II. Premium Forwarding Service as part of the January 2009 adjustment, IV. International Ancillary Services Premium Forwarding Service but are being changed now to align them Certain International Ancillary provides residential delivery with a with FCMI price change in May. There Services that are combined with other forwarding service for their mail when are also several structural changes: new competitive products are also within the they are away from their primary country specific price groups are added; scope of this competitive price change. residences. Most mail from a customer’s pricing will be differentiated by presort Customers may purchase an permanent address is forwarded once a level (Direct Country, Mixed Country, International Certificate of Mailing for week via Priority Mail to the customer’s and Worldwide Non-presort); and evidence of mailing. Customers who temporary address. The customer is Worldwide Non-presort, previously purchase International Registered Mail charged an enrollment fee and a weekly applicable only to IPA, will now also be for additional security and limited fee. Overall, Premium Forwarding applicable to ISAL. In addition, mixed indemnity protection may also buy Service prices will increase by 20.2 country sacks would only be applicable International Return Receipt, which percent. These prices were not changed to dropshipped items, and the minimum provides the sender with evidence of as part of the Shipping Services price volume per mailing for IPA is raised to delivery, and International Restricted increase in January 2009. This is the 50 pounds. Once implemented, the Delivery, which limits delivery to an first price increase for the service since noncontractual prices will result in indentified recipient. On average, prices inception in 2005. Premium Forwarding increases in the rates charged to for International Certificate of Mailing Service had been part of Mailing customers that have executed increase 6.7 percent, for International Services, but, subsequent to last year’s customized agreements. Registered Mail 6.5 percent, for price change, was moved, at the Postal International Restricted Delivery 4.7 Service’s request, to Shipping Services. International Priority Airmail (IPA) is percent, and for International Return The Premium Forwarding Service a bulk international airmail service for Receipt 4.5 percent. enrollment price will increase from mailing First-Class Mail International V. Summary $10.00 to $15.00 and the weekly items. Noncontractual International reshipment price will increase from Priority Airmail (IPA) will have a price As shown in the nonpublic annex, the $11.95 to $13.95. increase of 20.8 percent. This increase is price changes should enable each driven by new cost information for competitive product to cover its III. IPA/ISAL noncontractual volumes. attributable costs (39 U.S.C. 3633(a)(2)) IPA and ISAL are bulk international International Surface Air Lift (ISAL) is and should result in competitive letter products which are closely related an international bulk mailing service for products as a whole complying with 39 to the single-piece First-Class Mail mailing First-Class Mail International U.S.C. 3633(a)(3), which, as International (FCMI) letter prices that implemented by 39 CFR 3015.7(c), items. ISAL shipments are flown to the will change in May 2009. While most requires competitive products to foreign destinations and entered into IPA and ISAL content is entered under contribute a minimum of 5.5 percent to that country’s surface or nonpriority customized contractual arrangements the Postal Service’s institutional costs. with customers, some IPA and ISAL is mail system for delivery. Accordingly, no issue of subsidization tendered by customers that do not Noncontractual International Surface of competitive products by market maintain contracts. These Airlift will have a price increase of 2.4 dominant products should arise (39 noncontractual prices were not changed percent. U.S.C. 3633(a)(1)).

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2125 Premium Forwarding Service 2125.2 Prices ($) * * * * * ($) Weekly Reshipment ...... 13.95

Enrollment ...... 15.00 * * * * *

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2225.6 Prices applicable per-pound price. The per- weight of the sack minus the tare weight piece price applies to each mailpiece of the sack) of the mail for the specific International Priority Airmail regardless of weight. The per-pound rate group. The price is determined by adding the price applies to the net weight (gross applicable per-piece price to the

Direct country sacks Mixed country sacks Price group ISC drop Full ISC drop Per Full service shipment per Per service shipment piece per lb. lb. piece per lb. per lb.

1 ...... $0.43 $7.12 $4.62 ...... 2 ...... 0.15 6.69 4.19 ...... 3 ...... 0.42 9.07 6.57 ...... 4 ...... 0.45 9.52 7.02 ...... 5 ...... 0.43 9.26 6.76 ...... 6 ...... 0.44 9.26 6.76 ...... 7 ...... 0.42 9.00 6.50 ...... 8 ...... 0.41 9.00 6.50 ...... 9 ...... 0.33 9.97 7.47 ...... 10 ...... 0.41 9.20 6.70 ...... 11 ...... 0.40 9.00 6.50 0.42 ...... 6.83 12 ...... 0.15 8.00 5.50 0.16 ...... 5.78 13 ...... 0.16 7.35 4.85 0.17 ...... 5.10 14 ...... 0.15 9.00 6.50 0.16 ...... 6.83 15 ...... 0.12 9.50 7.00 0.13 ...... 7.35

WORLDWIDE NONPRESORTED SACKS

Full ISC drop ship- Price group Per piece service per lb. ment per lb.

n/a ...... $0.47 $10.98 $8.09

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Direct country sacks Mixed country sacks Price group Full service ISC drop ship- Full service ISC drop ship- Per piece per lb. ment per lb. Per piece per lb. ment per lb.

1 ...... $0.43 $3.85 $2.85 ...... 2 ...... 0.12 4.86 3.86 ...... 3 ...... 0.43 4.49 3.49 ...... 4 ...... 0.43 4.59 3.59 ...... 5 ...... 0.43 4.56 3.56 ...... 6 ...... 0.43 4.45 3.45 ...... 7 ...... 0.44 4.66 3.66 ...... 8 ...... 0.43 4.45 3.45 ...... 9 ...... 0.31 4.76 3.76 ...... 10 ...... 0.46 4.67 3.67 ...... 11 ...... 0.43 4.49 3.49 0.46 ...... 3.67 12 ...... 0.15 5.45 4.45 0.16 ...... 4.68 13 ...... 0.15 5.55 4.55 0.16 ...... 4.78 14 ...... 0.15 5.45 4.45 0.16 ...... 4.68 15 ...... 0.12 6.60 5.60 0.13 ...... 5.88

WORLDWIDE NONPRESORTED SACKS

Full service per ISC drop ship- Price group Per piece lb. ment per lb.

n/a ...... $0.51 $7.63 6.47

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2250 International Ancillary Services ($) Inbound International Return Receipt 2250.1 International Certificate of No additional payment. Mailing Up to 1,000 pieces (one certificate for total number) ...... 6.50 2250.4 International Restricted * * * * * Each additional 1,000 pieces or frac- tion ...... 0.75 Delivery 2250.1.2 Prices Duplicate copy ...... 1.15 * * * * * Individual Pieces Prices 2250.4.2 Prices 2250.2 International Registered Mail ($) * * * * * ($) Original certificate of mailing for list- ed pieces of ordinary Priority Mail 2250.2.2 Prices Per Piece ...... 4.50 International parcels ...... 1.15 ($) Three or more pieces individually 2250.5 International Insurance listed in a firm mailing book or an approved customer provided Per Piece ...... 11.50 * * * * * manifest (per piece) ...... 0.42 Each additional copy of original cer- 2250.3 International Return Receipt 2250.5.3 Prices tificate of mailing or firm mailing bills (each copy) ...... 1.15 * * * * * Outbound International Insurance 2250.3.2 Prices a. Priority Mail International Multiple Pieces Prices Insurance Identical pieces of ordinary Single- Outbound International Return Receipt Piece First-Class Mail International paid ($) with regular stamps, precanceled stamps, or meter stamps are subject to Per Piece ...... 2.30 the following fees:

Canada All other countries Indemnity limit not over ($) ($) ($)

50 ...... 1.75 2.50 100 ...... 2.25 3.40 200 ...... 2.75 4.40 300 ...... 4.70 5.40 400 ...... 5.70 6.40 500 ...... 6.70 7.40 600 ...... 7.70 8.40 675 ...... 8.70 700 ...... N/A 9.40 Over 700 ...... N/A 9.40 plus 1.00 for each 100.00 or fraction thereof over 700.00. Maximum indemnity varies by country.

b. Express Mail International Amount of coverage: ($) ($) Amount of coverage: ($) ($) Merchandise Insurance 500.01 to 1,000.00 ...... 3.55 3,500.01 to 4,000.00 ...... 11.95 Amount of coverage: ($) ($) 1,000.01 to 1,500.00 ...... 4.95 4,000.01 to 4,500.00 ...... 13.35 1,500.01 to 2,000.00 ...... 6.35 4,500.01 to 5,000.00 ...... 14.75 0.01 to 100.00 ...... 0.00 2,000.01 to 2,500.00 ...... 7.75 100.01 to 200.00 ...... 0.75 2,500.01 to 3,000.00 ...... 9.15 Part D—Country Price Lists For 200.01 to 500.00 ...... 2.15 3,000.01 to 3,500.00 ...... 10.55 International Mail

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Editorial Note: Notice document E9–3483 Monday, February 23, 2009. It appears in this was inadvertently removed from the issue of issue in its entirety. [FR Doc. E9–3483 Filed 2–20–09; 8:45 am] BILLING CODE 7710–12–P

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Reader Aids Federal Register Vol. 74, No. 35 Tuesday, February 24, 2009

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING FEBRUARY

Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. Presidential Documents 932...... 7778 Executive orders and proclamations 741–6000 3 CFR 1400...... 6117 The United States Government Manual 741–6000 1412...... 6352 Proclamations: 1779...... 7179 Other Services 8344...... 6343 3575...... 7179 Electronic and on-line services (voice) 741–6020 8345...... 6345 4279...... 7179 Privacy Act Compilation 741–6064 Executive Orders: 4280...... 7179 Public Laws Update Service (numbers, dates, etc.) 741–6043 12835 (amended by 5001...... 7179 13499) ...... 6979 TTY for the deaf-and-hard-of-hearing 741–6086 Proposed Rules: 12859 (amended by 625...... 7563 ELECTRONIC RESEARCH 13450) ...... 6981 981...... 7830 13201 (revoked by 1216...... 7830 World Wide Web 13496) ...... 6107 Full text of the daily Federal Register, CFR and other publications 13202 (revoked by 8 CFR is located at: http://www.gpoaccess.gov/nara/index.html 13502) ...... 6985 274a...... 5899, 7993 Federal Register information and research tools, including Public 13204 (revoked by Inspection List, indexes, and links to GPO Access are located at: 13495) ...... 6103 10 CFR http://www.archives.gov/federallregister 13208 (revoked by Ch. I ...... 5797 E-mail 13502) ...... 6985 13258 (revoked by 2...... 6989 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 13497) ...... 6113 30...... 6989, 7785 an open e-mail service that provides subscribers with a digital 13390 (amended by 40...... 6989 form of the Federal Register Table of Contents. The digital form 13504) ...... 8431 50...... 6989 of the Federal Register Table of Contents includes HTML and 13422 (revoked by 52...... 6989 PDF links to the full text of each document. 13497) ...... 6113 60...... 6989 To join or leave, go to http://listserv.access.gpo.gov and select 13494...... 6101 63...... 6989 Online mailing list archives, FEDREGTOC-L, Join or leave the list 13495...... 6103 70...... 6989 (or change settings); then follow the instructions. 13496...... 6107 71...... 6989 PENS (Public Law Electronic Notification Service) is an e-mail 13497...... 6113 72...... 5983, 6989 service that notifies subscribers of recently enacted laws. 13199 (amended by 73...... 6989 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 13498) ...... 6533 75...... 7549 and select Join or leave the list (or change settings); then follow 13498...... 6533 76...... 6989 the instructions. 150...... 6989 FEDREGTOC-L and PENS are mailing lists only. We cannot 13499...... 6979 13500...... 6981 Proposed Rules: respond to specific inquiries. 170...... 7382 Reference questions. Send questions and comments about the 13501...... 6983 13502...... 6985 Federal Register system to: [email protected] 11 CFR The Federal Register staff cannot interpret specific documents or 13503...... 8139 100...... 7285 regulations. 13504...... 8431 104...... 7285 Reminders. Effective January 1, 2009, the Reminders, including Administrative Orders: 110...... 7285 Rules Going Into Effect and Comments Due Next Week, no longer Memorandums: Memo. of 1/30/2009 ...... 5977 appear in the Reader Aids section of the Federal Register. This 12 CFR information can be found online at http://www.regulations.gov. Memo. of 1/30/2009 ...... 5979 CFR Checklist. Effective January 1, 2009, the CFR Checklist no Memo. of 2/4/2009 ...... 6347 208...... 6223 longer appears in the Federal Register. This information can be Memo. of 2/5/2009 ...... 6537 223...... 6225, 6226 found online at http://bookstore.gpo.gov/. Notices: 225...... 6223 Notice of February 4, 229...... 7785 360...... 5797 FEDERAL REGISTER PAGES AND DATE, FEBRUARY 2009 ...... 6349 Presidential 1250...... 7304 5797–5898...... 2 8139–8464...... 24 Determinations: 1773...... 7304 5899–5982...... 3 No. 2009–15 of Proposed Rules: 5983–6116...... 4 January 27, 2009 ...... 6115 337...... 5904 6117–6222...... 5 704...... 6004 6223–6350...... 6 5 CFR 6351–6538...... 9 532...... 6351 14 CFR 6539–6822...... 10 591...... 7777 39 ...... 7304, 7306, 7309, 7310, 6823–6988...... 11 Proposed Rules: 7549, 7552, 7554, 7641, 6989–7178...... 12 532...... 6003 7643, 7786, 7789, 7792, 7179–7284...... 13 7794, 7796, 7797, 7801, 7285–7548...... 17 7 CFR 7804, 7809, 7810, 7995, 7549–7640...... 18 916...... 7778 8148, 8150, 8152, 8155, 7641–7776...... 19 917...... 7778 8159, 8161 7777–7992...... 20 925...... 8141 71 ...... 7557, 7558, 7559, 7560, 7993–8138...... 23 930...... 8143 7561, 7645, 7646, 8166,

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8167, 8168, 8169, 8170, 21 CFR 165 .....5987, 5989, 6352, 7184, 1356...... 6362 8171, 8172 17...... 8200 7818, 8004, 8007 95...... 8173 314...... 6541 Proposed Rules: 46 CFR 97 ...... 7999, 8000, 8177, 8180 510...... 6823 110...... 7575 187...... 6989 117...... 6359, 7844 71...... 7576 520...... 6541, 7180 114...... 7576 Proposed Rules: 522...... 6993 165 ...... 6842, 7022, 8049 25...... 6557 115...... 7576 528...... 6823 39 ...... 6835, 7002, 7004, 7006, 36 CFR 122...... 7576 Proposed Rules: 162...... 6358 7194, 7196, 7198, 7200, Proposed Rules: 1308...... 7386 170...... 7576 7202, 7384, 7563, 7565, 242...... 6250 7568, 7570, 7573, 7831, 171...... 7576 22 CFR 7833, 7834, 7836, 8034, 37 CFR 172...... 7576 215...... 5808 174...... 7576 8036, 8039, 8043, 8045 385...... 6832 71 ...... 7010, 7011, 7012, 7204, 510...... 7562 175...... 7576 8218, 8219 38 CFR 176...... 7576 73...... 7018 24 CFR 178...... 7576 4...... 7648 234...... 6249 30...... 7313 179...... 7576 259...... 6249 4000...... 7812 39 CFR 185...... 7576 399...... 6249 Proposed Rules: 111...... 8009 5...... 6839 3020 ...... 6117, 6230, 7648 47 CFR 15 CFR 92...... 6839 744...... 8182 908...... 6839 Proposed Rules: Ch. I ...... 7654 806...... 8002 111...... 6250 15...... 7314 26 CFR 955...... 6844 73 ...... 6001, 6120, 6121, 6122, 16 CFR 6233, 6234, 7657 1 ...... 6824, 6828, 6952, 8200 40 CFR 90...... 6235 1500...... 6990 54...... 8200 6...... 5991 Proposed Rules: 301...... 6829, 7814 Proposed Rules: 51...... 7193, 7284 Ch. I ...... 6129 602...... 6952 73 ...... 6131, 6132, 7847 255...... 5810 52 ...... 6542, 6552, 7193, 7284, Proposed Rules: 7820 1500...... 7021 48 CFR 1 ...... 6840, 6841, 7021, 7575 80...... 6233 31...... 8048 17 CFR 86...... 8310 1652...... 7823 301...... 7205 89...... 8310 229...... 6776 90...... 8310 230...... 6776, 7748 28 CFR 49 CFR 112...... 5900 232...... 6776, 7748 209...... 6995 Proposed Rules: 271...... 5994 239...... 6776, 7748 26...... 6131 Proposed Rules: 240...... 6456, 6776 1027...... 8310 1033...... 8310 611...... 7388 249...... 6776 29 CFR 612...... 7388 249b...... 6456 1042...... 8310 102...... 8214 274...... 7748 1048...... 8310 403...... 5899, 7814 1054...... 8310 50 CFR Proposed Rules: 408...... 5899, 7814 1060...... 8310 1...... 7838 17...... 6700 1611...... 6831 1065...... 8310 4...... 8220 216...... 6236 4022...... 7180 30...... 7838 1068...... 8310 229...... 7824 140...... 7838 Proposed Rules: Proposed Rules: 300...... 6995 210...... 6359 1612...... 7843 6...... 6008 648...... 6244, 6997 229...... 6359 2550...... 6007 50...... 7027 660...... 6997, 7826 230...... 6359 51...... 7027 665...... 6998 30 CFR 240...... 6359, 6485 63...... 6510 679 .....6554, 6555, 6556, 7001, 243...... 6485 Proposed Rules: 271...... 6010 7332, 7333, 7359, 8215, 244...... 6359 938...... 8048 8216 42 CFR 249...... 6359 Proposed Rules: 32 CFR 414...... 7653 17 ...... 5908, 6122, 6558, 6852, 18 CFR 199...... 6228 440...... 5808 6853 11...... 8184 633...... 8215 Proposed Rules: 92...... 6563 157...... 6539 414...... 6557, 7029 100...... 6250 375...... 6540 33 CFR 216...... 6010 105...... 6994 43 CFR 253...... 6257 19 CFR 117 .....5983, 5984, 5986, 6228, 3000...... 7193 600...... 6257 122...... 7646 6229, 7313, 7816, 7817, 622 ...... 6257, 7848, 7849 7818 45 CFR 635...... 7577 20 CFR 147...... 7181 Proposed Rules: 648...... 6564, 7029 404...... 5807 155...... 7648 1355...... 6362 679...... 7209

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The text of laws is not H.R. 1/P.L. 111–5 enacted public laws. To published in the Federal American Recovery and subscribe, go to http:// LIST OF PUBLIC LAWS Register but may be ordered Reinvestment Act of 2009 listserv.gsa.gov/archives/ in ‘‘slip law’’ (individual (Feb. 17, 2009; 123 Stat. 115) publaws-l.html This is a continuing list of pamphlet) form from the public bills from the current Superintendent of Documents, Last List February 6, 2009 session of Congress which U.S. Government Printing Note: This service is strictly have become Federal laws. It Office, Washington, DC 20402 for E-mail notification of new may be used in conjunction (phone, 202–512–1808). The Public Laws Electronic laws. The text of laws is not with ‘‘P L U S’’ (Public Laws text will also be made Notification Service available through this service. Update Service) on 202–741– available on the Internet from (PENS) PENS cannot respond to 6043. This list is also GPO Access at http:// specific inquiries sent to this available online at http:// www.gpoaccess.gov/plaws/ address. www.archives.gov/federal- index.html. Some laws may PENS is a free electronic mail register/laws.html. not yet be available. notification service of newly

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