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DEPARTMENT OF HOMELAND in 33 CFR 117.5 requires that the bridge ENVIRONMENTAL PROTECTION
SECURITY shall open on signal. AGENCY
The Venetian Causeway (East),
Coast Guard 40 CFR Part 80
Biscayne Bay, Miami, Miami-Dade
County, Florida is a drawbridge with a [EPA–OAR–2005–0048; FRL–8052–1]
33 CFR Part 117
vertical clearance of 5 feet above mean RIN 2060–AM42
[CGD07–06–050] high water (MHW) measured at the
fenders in the closed position and a Regulation of Fuel and Fuel Additives:
Drawbridge Operation Regulations;
horizontal clearance of 57 feet. The Gasoline and Diesel Fuel Test Methods
Venetian Causeway (West)
current operating regulation in 33 CFR
Drawbridge, Atlantic Intracoastal AGENCY: Environmental Protection
117.269 requires that the draw of the Agency (EPA).
Waterway, Mile 1088.6, and Venetian
Causeway (East) drawbridge, Biscayne East Span of the Venetian Causeway
ACTION: Direct final rule.
Bay, Miami, Miami-Dade County, FL bridge, between Miami and Miami
Beach, shall open on signal; except that, SUMMARY: The Environmental Protection
AGENCY: Coast Guard, DHS. from November 1 through April 30 from Agency (EPA) is taking direct final
ACTION: Notice of temporary deviation 7:15 a.m. to 8:45 a.m. and 4:45 p.m. to action to allow refiners and laboratories
from regulations. 6:15 p.m. Monday through Friday, the to use more current and improved fuel
draw need not be opened. However, the testing procedures for five American
SUMMARY: The Commander, Seventh Society for Testing and Materials
draws shall open at 7:45 a.m., 8:15 a.m.,
Coast Guard District, has approved a (ASTM) analytical test methods. Once
5:15 p.m., and 5:45 p.m. if any vessels
temporary deviation from the these test method changes are adopted,
are waiting to pass. The draw shall open
regulations governing the operation of they will supersede the corresponding
the Venetian Causeway (West) on signal on Thanksgiving Day,
Christmas Day, New Year’s Day and earlier versions of these test methods in
drawbridge, Atlantic Intracoastal EPA’s motor vehicle fuel regulations.
Waterway, mile 1088.6, and Venetian Washington’s Birthday. The draw shall
open at any time for public vessels of EPA is also taking direct final action to
Causeway (East) drawbridge, Biscayne change the designated test method for
Bay, Miami, Miami-Dade County, the United States, tugs with tows,
regularly scheduled cruise vessels, and sulfur in butane. EPA will take direct
Florida. These temporary deviations final action to replace an approved
allow the Coast Guard to test an vessels in distress.
ASTM Committee D.16 sulfur test
operating schedule with the The residents of Venetian Causeway method with the ASTM Committee D.02
drawbridges opening as necessary on a requested a deviation from the current version of the test method for gasoline
30-minute schedule from 7 a.m. to 7 operating regulations to allow both and diesel fuel, and allow an additional
p.m., Monday through Friday, except drawbridges (East and West) to open as ASTM test method for sulfur in
Federal holidays. This deviation will necessary on a 30-minute schedule from gasoline. EPA is also taking direct final
allow the Coast Guard to gather data to 7 a.m. to 7 p.m., Monday through action to remove a September 1, 2004
determine if these schedules meet the Friday, except Federal holidays, in sunset provision for two alternative
reasonable needs of navigation while order to relieve vehicular traffic delays. ASTM test methods for gasoline.
accommodating vehicle traffic and Finally, EPA is taking direct final action
whether they should be proposed as In light of the foregoing, the
Commander, Seventh Coast Guard to add a new section to the motor
permanent changes. vehicle fuels regulations. This new
DATES: These deviations are effective District, has granted a temporary
section would reference the rounding
from 7 a.m. on April 17, 2006 until 7 deviation from the operating
method in an ASTM standard practice
p.m. on June 14, 2006. requirements listed in 33 CFR 117.5 and
as the procedure to follow for rounding
ADDRESSES: Material received from the
33 CFR 117.269 to test the 30-minute a test result when determining
public, as well as documents indicated schedule. Under this deviation, the compliance with EPA’s motor vehicle
in this preamble as being available in Venetian Causeway (West) Drawbridge, fuels standards listed in the regulations.
the docket [CGD07–06–050] will Atlantic Intracoastal Waterway, mile As explained further below in the
become part of this docket and will be 1088.6, and the Venetian Causeway preamble of this document, EPA views
available for inspection or copying at (East) drawbridge, Biscayne Bay, Miami, these changes as non-controversial and
Commander (dpb), Seventh Coast Guard Miami-Dade County, Florida shall open we anticipate no adverse comment.
District, 909 S.E. 1st Avenue, Room 432, as necessary on the hour and half-hour DATES: This direct final rule is effective
Miami, Florida 33131–3050 between from 7 a.m. to 7 p.m., Monday through June 2, 2006, unless EPA receives
7:30 a.m. and 4 p.m., Monday through Friday, except Federal holidays, April adverse comments or a request for
Friday, except Federal holidays. 17 through June 14, 2006. Public vessels public hearing by May 3, 2006. If the
FOR FURTHER INFORMATION CONTACT: Mr. of the United States, tugs with tows and Agency receives adverse comment or a
Michael Lieberum, Project Officer, vessels in a situation where a delay request for public hearing, we will
Seventh Coast Guard District, Bridge would endanger life or property shall withdraw this direct final rule by
Branch at (305) 415–6744. upon proper signal be passed through publishing a timely withdrawal notice
SUPPLEMENTARY INFORMATION: The the draw. in the Federal Register. The
Venetian Causeway (West), Atlantic Dated: March 14, 2006.
incorporation by reference of certain
Intracoastal Waterway, mile 1088.6, publications in this rule is approved by
Greg Shapley,
Miami, Miami-Dade County, Florida is a the Director of the Office of the Federal
Chief, Bridge Administration, Seventh Coast Register as of June 2, 2006.
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16494 Federal Register / Vol. 71, No. 63 / Monday, April 3, 2006 / Rules and Regulations
NAICSs
Category codes a SIC codes b Examples of potentially regulated parties
B. What Should I Consider as I Prepare vi. Provide specific examples to includes an updated precision statement
My Comments for EPA? illustrate your concerns, and suggest as determined in a recent ASTM sulfur
1. Submitting CBI. Do not submit this alternatives. round robin. API also recommended
information to EPA through EDOCKET, vii. Explain your views as clearly as EPA adopt in the motor vehicle fuels
regulations.gov or e-mail. Clearly mark possible, avoiding the use of profanity regulations the 2003a version of ASTM
the part of all of the information that or personal threats. 3120, the 2003a version of ASTM D
viii. Make sure to submit your 5453, the 2003 version of ASTM D1319,
you claim to be CBI. For CBI
comments by the comment period and the 2003 year version of ASTM D
information in a disk or CD–ROM that
deadline identified. 4815.
you mail to EPA, mark the outside of the
disk or CD–ROM as CBI and then II. Rule Changes Table 1 lists the designated analytical
identify electronically within the disk or test methods and alternative analytical
A. Updating ASTM Test Methods to test methods which are being updated
CD–ROM the specific information that
Their Most Recent Version for parameters measured under RFG,
is claimed as CBI. In addition to one
complete version of the comment that Refiners, importers and oxygenate CG, and diesel fuels program in today’s
includes information claimed as CBI, a blenders producing gasoline and diesel action. The Agency has reviewed these
copy of the comment that does not motor vehicle fuel are required to test updated ASTM test methods and we are
contain the information claimed as CBI reformulated gasoline (RFG), in agreement with the revisions
must be submitted for inclusion in the conventional gasoline (CG) and diesel contained in them which will result in
public docket. Information so marked fuel for various fuel parameters improvements in the utilization of these
will not be disclosed except in including sulfur, olefins, aromatics, and test methods for the regulated industry.
accordance with procedures set forth in oxygenate content. American Society for We believe that the revisions in the test
40 CFR part 2. Testing and Materials (ASTM) test method changes in today’s action are
2. Tips for Preparing Your Comments. method D2622 is currently a designated not significant changes that would cause
When submitting comments, remember test method for measuring sulfur 1 in a user of an older version of the same
to: gasoline. ASTM test method D 3120 and method to incur significant costs. All of
i. Identify the rulemaking by docket ASTM D 5453 are currently alternative the revisions were deemed necessary by
number and other identifying test methods for measuring sulfur 2 3 in ASTM so that improvements in the test
information (subject heading, Federal gasoline. ASTM test method D 1319 is method’s procedures would ensure
Register date and page number). currently a designated test method for better operation for the user of the test
ii. Follow directions—The agency measuring olefins 4 in gasoline and method. Thus, EPA is taking action
may ask you to respond to specific aromatics 5 in diesel fuel and is also today to update the regulations for the
questions or organize comments allowed as an alternative test method for following ASTM test methods: (1)
referencing a Code of Federal measuring aromatics 6 in gasoline. ASTM D 2622–03, the designated test
Regulations (CFR) part or section ASTM test method D 4815 is currently method for measuring sulfur in RFG,
number. an alternative test method for measuring and CG, (2) ASTM D 3120–03a and
iii. Explain why you agree or disagree; oxygenate content 7 in gasoline. ASTM D 5453–03a alternative test
suggest alternatives and substitute The American Petroleum Institute methods for sulfur in gasoline, (3)
language for your requested changes. (API) recommended in a letter to EPA ASTM D 1319–03, designated test
iv. Describe any assumptions and that EPA update the ASTM test methods method for measuring olefins in
provide any technical information and/ mentioned above to their most recent gasoline and aromatics in diesel fuel, as
or data that you used. ASTM version.8 API asked EPA to refer well as the alternative test method for
v. If you estimate potential costs or to the 2003 year version of ASTM test measuring aromatics in gasoline, and (4)
burdens, explain how you arrived at method D 2622 in all references ASTM 4815–03, alternative test method
your estimate in sufficient detail to involving gasoline and diesel fuels for measuring oxygenate content in
allow for it to be reproduced. because this version of ASTM D 2622 gasoline.
TABLE 1.—DESIGNATED AND ALTERNATIVE ASTM ANALYTICAL TEST METHODS UNDER RFG, CG AND DIESEL MOTOR
VEHICLE FUEL PROGRAMS
Fuel parameter ASTM analytical test method
Sulfur (gasoline) ....................................................................................... ASTM D 2622–03, entitled ‘‘Standard Test Method for Sulfur in Petro-
leum Products by Wavelength Dispersive X-Ray Fluorescence Spec-
trometry’’.
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Federal Register / Vol. 71, No. 63 / Monday, April 3, 2006 / Rules and Regulations 16495
TABLE 1.—DESIGNATED AND ALTERNATIVE ASTM ANALYTICAL TEST METHODS UNDER RFG, CG AND DIESEL MOTOR
VEHICLE FUEL PROGRAMS—Continued
Fuel parameter ASTM analytical test method
Sulfur (gasoline) ....................................................................................... ASTM D 5453–03a, entitled, ‘‘Standard Test Method for Determination
of Total Sulfur in Light Hydrocarbons, Motor Fuels and Oils by Ultra-
violet Fluorescence’’.
Sulfur (gasoline) ....................................................................................... ASTM D 3120–03a, entitled, ‘‘Standard Test Method for Trace Quan-
tities of Sulfur in Light Petroleum Hydrocarbons by Oxidative
Microcoulometry’’.
Oxygen content (gasoline) ....................................................................... ASTM D 4815–03, entitled ‘‘Standard Test Method for Determination of
MTBE, ETBE, TAME, DIPE, tertiary-Amyl Alcohol and C1 to C4 Alco-
hols in Gasoline by Gas Chromatography’’.
Olefins (gasoline) ...................................................................................... ASTM D 1319–03, entitled ‘‘Standard Test Method for Hydrocarbon
Types in Liquid Petroleum Products by Fluorescent Indicator Adsorp-
tion’’.
Aromatics (gasoline and diesel) ............................................................... ASTM D 1319–03, entitled, ‘‘Standard Test Method for Hydrocarbon
Types in Liquid Petroleum Products by Fluorescent Indicator Absorp-
tion’’, for diesel fuel, this method is the designated test method, for
gasoline, this method is an alternative test method and if used as an
alternative method, its results, must be correlated to ASTM D 5769–
98.
B. Replacing ASTM D 6428–99 With for use of the method with gasoline and ppm sulfur diesel fuel. Since today’s
ASTM D 6920–03 diesel fuels, ASTM D 6920–03 is more rule will be effective after December 27,
Refiners, importers and oxygenate practical for use with our gasoline and 2004, the Agency is revising the
blenders producing gasoline and diesel diesel fuels programs compared to regulations by removing the now
motor vehicle fuels are required to test ASTM D 6428–99. Thus, EPA is irrelevant designated and alternative
RFG, CG, and diesel fuel for various fuel changing the regulations by replacing test method paragraphs that allow the
parameters including sulfur content. ASTM D 6428–99 with ASTM D 6920– use of ASTM D 6428–99, ASTM D
ASTM test method D 6428–99 is 03 for the alternative test method for 5453–03a, and ASTM D 3120–03a for 15
currently the designated test method for measuring the sulfur content of diesel ppm sulfur diesel fuel (i.e., 40 CFR
measuring the sulfur content of on- fuel at the 500 ppm level, and the 80.580(b)(1) and 40 CFR 80.580(c)(1)).
alternative test method for measuring The regulations will then only reflect
highway diesel fuel at the 15 ppm
the sulfur content of gasoline. the present situation in the regulations
level 9, an alternative test method for
The regulations state that until that all test methods must qualify under
measuring the sulfur content on- December 27, 2004, for 15 ppm diesel
highway diesel fuel at the 500 ppm the precision and accuracy criteria in
fuel, regulated parties may use ASTM D the regulations.
level 10, and an alternative test method 6428–99, the designated test method, or
for measuring the sulfur content of ASTM D 5453–03a or ASTM D 3120– C. Test Method for Sulfur in Butane
gasoline.11 03a, two alternative test methods,
ASTM D 6428–99 was developed by Certain parties blend butane into
provided the alternative test method gasoline which has already been
the ASTM D.16 Committee for Aromatic results are correlated to the designated
Hydrocarbons and Related Chemicals. manufactured and certified under EPA
test method. After December 27, 2004, regulations. Effective January 1, 2004,
ASTM D 6428–99 does not contain a regulated parties measuring motor
precision statement in the test method the parties that blend butane into
vehicle diesel fuel and fuel additives already made gasoline were required to
for its use with gasoline and diesel fuel. subject to the 15 ppm diesel sulfur
ASTM D.02, the Committee for test the butane for sulfur content.13
standard must qualify their test method Currently, ASTM D 3246–96 is the
Petroleum Products and Lubricants, on a site specific basis under the
recently determined the precision for designated test method for measuring
precision and accuracy criteria specified the sulfur content of butane.
this method with respect to gasoline and in the regulations at 40 CFR 80.584.
diesel fuels, and named the new method Recently, API said in a letter to EPA
Once they have completed this testing, that ASTM D 6667 is more readily
containing the precision statement they must submit their precision and
ASTM D 6920–03. Since ASTM D 6920– available, more reliable, and a better test
accuracy results to the Agency for method than ASTM D 3246.14 Thus, API
03 contains precision statements for the approval to use their test method as
method as it applies to gasoline and requested EPA to change the designated
specified in the regulations at 40 CFR test method for measuring sulfur in
diesel, API requested that EPA refer to 80.585. Thus, after December 27, 2004,
ASTM D 6920–03 in all references with butane to ASTM D 6667–01, and to
regulated parties may only use test continue to allow ASTM D 3246–96 as
respect to gasoline and diesel fuel methods that have been qualified on a
involving test method ASTM D 6428– an alternative test method. EPA has
site specific basis that meet the accuracy evaluated API’s request on this test
99.12 The Agency has evaluated API’s and precision criteria specified in the
request and agrees that since ASTM D method issue and agrees. Thus, EPA is
regulations at 40 CFR 80.584 and that taking action to change the regulations
6920–03 contains precision estimates have been approved under the process making ASTM D 6667–01 the
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9 40
specified in the regulations at 40 CFR designated test method for measuring
CFR 80.580(a)(2).
10 40 CFR 80.580(a)(3)(ii).
80.585. The December 27, 2004, date,
11 40 CFR 80.46(a)(3)(ii). provided regulated parties 180 days of 13 40 CFR 80.46(a)(2).
12 See Air Docket #EPA–HQ–OAR–2005–0048– lead time to qualify their test methods 14 See Air Docket #EPA–HQ–OAR–2005–0048–
0002. for use at each site for measuring 15 0002.
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16496 Federal Register / Vol. 71, No. 63 / Monday, April 3, 2006 / Rules and Regulations
the sulfur content of butane. until such time that a rulemaking was determine if they are in compliance
Additionally, ASTM test method D promulgated by the Agency to continue with the standard. The American
3246–96 will continue to be allowed as to allow the use of these two alternative Society for Testing and Materials
an alternative test method, provided its test methods, whichever is earlier.16 (ASTM) has developed the standard
test results are correlated to ASTM D Recently, API requested in a letter practice, ASTM E 29–02∈1, for this
6667–01, the designated test method for that the sunset provisions for these two situation. The rounding method 18 in
sulfur in butane. alternative test methods be removed this standard practice provides a
In the future, EPA intends to establish until a PBTM approach for qualifying procedure for rounding a test result to
a performance-based test method analytical test methods is promulgated the number of significant digits
approach (PBTM) rule which would by EPA.17 Since EPA believes the use of specified in some standard. After using
provide criteria for the qualification of these two alternative test methods has the rounding method specified in ASTM
alternative test methods. Once a PBTM been effective, we are continuing to
E 29–02∈1, the regulated party may
rule has been established by the Agency, allow their use until the PBTM rule
ASTM D 3246–96 may qualify under the compare the resulting number to the
mentioned previously is promulgated by
PBTM rule’s criteria as an alternative the Agency. Once a PBTM rule has been standard to determine whether they are
test method. established, these two alternative test in compliance.
methods may qualify under the PBTM The Agency has reviewed the
D. Additional Alternative Test Method
rule’s criteria. The rule change that is rounding method referenced in the
for Sulfur in Gasoline
the subject of this notice would remove standard practice ASTM E 29–02∈1, and
Refiners, importers and oxygenate the current sunset provision of we are in agreement with its use for this
blenders producing gasoline and diesel September 1, 2004, for both ASTM D purpose. The Agency believes
motor vehicle fuel are required to test 1319 and ASTM D 4815 and allow their referencing the ‘‘rounding’’ method (as
RFG, CG and diesel fuel for various fuel use as alternative test methods until a contrasted with the ‘‘absolute’’ method)
parameters including sulfur. Test PBTM rule is established by the Agency. in this ASTM standard practice in EPA’s
methods for determining sulfur content regulations will help to avoid confusion
are specified in the regulation. F. Using Rounding When Determining
Recently, X-Ray Optical Systems, Conformance With a Fuels Standard in the fuels distribution system.
Incorporated (XOS) requested in a Therefore, EPA is adding a new section
Refiners, importers and oxygenate
letter to EPA that ASTM D 7039–04 be to the motor vehicle fuels regulations at
blenders producing gasoline and diesel
designated by EPA as an alternative test motor vehicle fuel are required to test 40 CFR 80.9. This new section would
method in the regulations for sulfur in RFG, CG and diesel fuel for various fuel reference the rounding method in
gasoline.15 EPA has evaluated XOS’s parameters to determine compliance ASTM E 29–02∈1. The rounding method
request on this test method issue and with EPA’s motor vehicle fuels is the procedure to follow for rounding
agrees. Thus, EPA is taking action to standards. These fuels standards are a test result when determining
allow ASTM D 7039–04 as an listed in the regulations at 40 CFR part compliance with EPA’s motor vehicle
alternative test method in the 80. fuels standards listed at 40 CFR part 80.
regulations for sulfur in gasoline, Each of EPA’s motor vehicle fuel In the ‘‘Proposed Rules’’ section of
provided that its results are correlated to standards indicates the number of today’s Federal Register, we are
ASTM D 2622. The allowance of this significant digits which should be publishing a proposed rule that matches
additional alternative test method for present in an observed measurement the substance of this direct final rule. If
sulfur in gasoline will provide the number to be compared to the standard the Agency receives adverse comment
regulated community additional for the purpose of demonstrating or a request for public hearing by May
flexibility in meeting their testing compliance. The appropriate number of 3, 2006, we will withdraw the direct
requirements. significant digits to determine
As stated above, EPA plans to final rule by publishing a timely
compliance with a fuel standard
establish a PBTM rule for the withdrawal notice in the Federal
regulation or to report on a reporting
qualification of alternative test methods. Register. If the Agency receives no
form should be determined from the
Once this PBTM rule is effective, ASTM method outlined in section 3.1 of the adverse comment or a request for public
D 7039 may qualify as an alternative test ASTM standard practice E 29–02∈1, hearing by May 3, 2006, these test
method under the PBTM rule’s criteria. entitled, ‘‘Standard Practice for Using method changes will be effective sixty
Significant Digits in Test Data to (60) days after publication of this direct
E. Removal of Sunset Provision for final rule in the Federal Register. We
Alternative Test Methods Determine Conformance with
Specifications’’. Regulated parties are confident that sixty(60) days is
As explained previously, ASTM D measuring a fuel parameter to determine sufficient lead time for industry to
1319 is an alternative test method for compliance with a fuel standard must become familiar and implement these
measuring total aromatics in gasoline, report their test result out to the number ASTM test methods changes for the
and ASTM D 4815 is an alternative test of significant digits specified in the applications mentioned above.
method for measuring oxygenates in applicable fuel standard. However, a
gasoline. Both of these alternative test method used to measure a certain
methods have sunset provisions under fuel parameter may provide more 18 The Rounding Method in ASTM E 29–02∈1
which their use as an alternative test significant digits in its output than
method expired on September 1, 2004. applies where it is the intent that a limited number
specified in the standard. When this of digits in an observed value or calculated value
On June 16, 2004, EPA issued an situation occurs, the regulated party are to be considered significant for purposes of
enforcement discretion letter allowing should round their test result to determining conformance to the number of figures
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the use of these two alternative test listed in a fuels standard. The rounded value
methods until December 31, 2005, or 16 See Air Docket #EPA–HQ–OAR–2005–0048– should be compared to the specified limit in the
0004. fuels standard, and conformance or non-
15 See Air Docket #EPA–HQ–OAR–2005–0048– 17 See Air Docket #EPA–HQ–OAR–2005–0048– conformance with the specification in the fuels
0003. 0005. standard be based on this comparison.
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Federal Register / Vol. 71, No. 63 / Monday, April 3, 2006 / Rules and Regulations 16497
III. Administrative Requirements or provide information to or for a identify and address regulatory
Federal agency. This includes the time alternatives ‘‘which minimize any
A. Executive Order 12866: Regulatory
needed to review instructions; develop, significant economic impact of the rule
Planning and Review
acquire, install, and utilize technology on small entities.’’ 5 U.S.C. 603 and 604.
Under Executive Order 12866, (58 FR and systems for the purposes of Thus, an agency may conclude that a
51735 (October 4, 1993)) the Agency collecting, validating, and verifying rule will not have a significant
must determine whether the regulatory information, processing and economic impact on a substantial
action is ‘‘significant’’ and therefore maintaining information, and disclosing number of small entities if the rule
subject to OMB review and the and providing information; adjust the relieves regulatory burden, or otherwise
requirements of the Executive Order. existing ways to comply with any has a positive economic effect on all of
The Order defines ‘‘significant previously applicable instructions and the small entities subject to the rule.
regulatory action’’ as one that is likely requirements; train personnel to be able All of the test method updates in
to result in a rule that may: to respond to a collection of today’s action will improve the
(1) Have an annual effect on the information; search data sources; performance and/or utilization by
economy of $100 million or more or complete and review the collection of industry of the test methods. For the
adversely affect in a material way the information; and transmit or otherwise two alternative test methods, ASTM D
economy, a sector of the economy, disclose the information. 1319 and ASTM D 4815, today’s action
productivity, competition, jobs, the An Agency may not conduct or will continue to provide flexibility to
environment, public health or safety, or sponsor, and a person is not required to the regulated community. The
State, local, or tribal governments or respond to a collection of information allowance of ASTM D 7039–04 will
communities; unless it displays a currently valid OMB provide additional flexibility to the
(2) Create a serious inconsistency or control number. The OMB control regulated community in meeting sulfur
otherwise interfere with an action taken numbers for EPA’s regulations are listed in gasoline testing requirements.
or planned by another agency; in 40 CFR Part 9 and 48 CFR Chapter Referencing the rounding method in
(3) Materially alter the budgetary 15. ASTM E 29–02∈1 provides consistent
impact of entitlements, grants, user fees, guidance for the regulated community
or loan programs or the rights and C. Regulatory Flexibility Act (RFA)
when determining whether a test result
obligations of recipients thereof; or The RFA generally requires an agency is in conformance with our motor
(4) Raise novel legal or policy issues to prepare a regulatory flexibility vehicle fuels standards. Finally, for the
arising out of legal mandates, the analysis of any rule subject to notice measurement of sulfur in butane,
President’s priorities, or the principles and comment rulemaking requirements today’s action will provide industry
set forth in the Executive Order.’’ under the Administrative Procedure Act with a more reliable, more readily
It has been determined that this rule or any other statute unless the agency available and better test method. We
is not a ‘‘significant regulatory action’’ certifies that the rule will not have a have therefore concluded that today’s
under the terms of Executive Order significant economic impact on a rule will relieve regulatory burden for
12866 and is therefore not subject to substantial number of small entities. all small entities.
OMB review. Small entities include small businesses,
small organizations, and small D. Unfunded Mandates Reform Act
B. Paperwork Reduction Act governmental jurisdictions. EPA has Title II of the Unfunded Mandates
This action does not impose any new determined that it is not necessary to Reform Act of 1995 (UMRA), Public
information collection burden. prepare a regulatory flexibility analysis Law 104–4, establishes requirements for
However, the Office of Management and in connection with this final rule. Federal agencies to assess the effects of
Budget (OMB), under the provisions of For purposes of assessing the impacts their regulatory actions on state, local,
the Paperwork Reduction Act, 44 U.S.C. of today’s direct final rule on small and tribal governments and the private
3501 et seq., has approved the entities, small entity is defined as: (1) A sector. Under section 202 of the UMRA,
information collection requirements small business as defined by the Small EPA generally must prepare a written
contained in the final RFG and anti- Business Administrations’ regulations at statement, including a cost-benefit
dumping rulemaking and gasoline 13 CFR 121.201; (2) a small analysis, for proposed and final rules
sulfur control rulemaking, and has governmental jurisdiction that is a with ‘‘Federal mandates’’ that may
assigned OMB control number 2060– government of a city, county, town, result in expenditures to State, local,
0277, EPA ICR number 1591.14. OMB, school district or special district with a and tribal governments, in the aggregate,
under the provisions of the Paperwork population of less than 50,000; and (3) or to the private sector, of $100 million
Reduction Act, 44 U.S.C. 3501 et seq., a small organization that is any not-for- or more in any one year. Before
has also approved the information profit enterprise which is independently promulgating an EPA rule for which a
collection requirements contained in the owned and operated and is not written statement is needed, section 205
final Tax Exempt (Dyed) Highway dominant in its field. of the UMRA generally requires EPA to
Diesel Fuel rulemaking, and has After considering the economic identify and consider a reasonable
assigned OMB control number 2060– impacts of today’s direct final rule on number of regulatory alternatives and
0308, EPA ICR number 1718.03. Copies small entities, EPA has concluded that adopt the least costly, most cost-
of the OMB approved Information this action would not have a significant effective or least burdensome alternative
Collection Requests (ICR) may be economic impact on a substantial that achieves the objectives of the rule.
obtained from Susan Auby, Collection number of small entities. In determining The provisions of section 205 do not
Strategies Division; U.S. Environmental whether a rule has a significant apply when they are inconsistent with
Protection Agency (2822T); 1200 economic impact on a substantial applicable law. Moreover, section 205
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Pennsylvania Ave., NW., Washington, number of small entities, the impact of allows EPA to adopt an alternative other
DC 20460 or by calling (202) 566–1672. concern is any significant adverse than the least costly, most cost-effective
Burden means the total time, effort, or economic impact on small entities, or least burdensome alternative if the
financial resources expended by persons since the primary purpose of the Administrator publishes with the final
to generate, maintain, retain, or disclose regulatory flexibility analyses is to rule an explanation why that alternative
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16498 Federal Register / Vol. 71, No. 63 / Monday, April 3, 2006 / Rules and Regulations
was not adopted. Before EPA establishes for the measurement of sulfur in butane, Risks and Safety Risks (62 FR 19885,
any regulatory requirements that may today’s action will provide industry April 23, 1997) applies to any rule that:
significantly or uniquely affect small with a more reliable, more readily (1) Is determined to be ‘‘economically
governments, including tribal available and better test method. Thus, significant’’ as defined under Executive
governments, it must have developed Executive Order 13132 does not apply Order 12866, and (2) concerns an
under section 203 of the UMRA a small to this direct final rule. environmental health or safety risk that
government agency plan. The plan must EPA has reason to believe may have a
F. Executive Order 13175: Consultation
provide for notifying potentially disproportionate effect on children. If
and Coordination With Indian Tribal
affected small governments, enabling the regulatory action meets both criteria,
Governments
officials of affected small governments the Agency must evaluate the
to have meaningful and timely input in Executive Order 13175, entitled environmental health or safety effects of
the development of EPA regulatory ‘‘Consultation and Coordination with the planned rule on children, and
proposals with significant Federal Indian Tribal Governments’’ (65 FR explain why the planned regulation is
intergovernmental mandates, and 67249, November 6, 2000), requires EPA preferable to other potentially effective
informing, educating, and advising to develop an accountable process to and reasonably feasible alternatives
small governments on compliance with ensure ‘‘meaningful and timely input by considered by the Agency.
the regulatory requirements. tribal officials in the development of EPA interprets Executive Order 13045
Today’s direct final rule contains no regulatory policies that have tribal as applying only to those regulatory
Federal mandates (under the regulatory implications.’’ ‘‘Policies that have tribal actions that are based on health or safety
provisions of Title II of the UMRA) for implications’’ are defined in the risks, such that the analysis required
state, local or tribal governments or the Executive Order to include regulations under section 5–501 of the Order has
private sector. The rule would impose that have ‘‘substantial direct effects on the potential to influence the regulation.
no enforceable duty on any State, local one or more Indian tribes, on the This rule is not subject to Executive
or tribal governments or the private relationship between the Federal Order 13045 because it does not
sector. Government and the Indian tribes, or on establish an environmental standard
the distribution of power and intended to mitigate health or safety
E. Executive Order 13132: Federalism responsibilities between the Federal risks that may disproportionately affect
Executive Order 13132, entitled Government and Indian tribes.’’ children.
‘‘Federalism’’ (64 FR 43255, August 10, This direct final rule does not have
1999), requires EPA to develop an tribal implications. It will not have H. Executive Order 13211: Actions That
accountable process to ensure substantial direct effects on tribal Significantly Affect Energy Supply,
‘‘meaningful and timely input by state governments, on the relationship Distribution, or Use
and local officials in the development of between the Federal Government and This direct final rule is not subject to
regulatory policies that have federalism Indian tribes, or on the distribution of Executive Order 13211, ‘‘Actions
implications.’’ ‘‘Policies that have power and responsibilities between the Concerning Regulations That
federalism implications’’ is defined in Federal Government and Indian tribes, Significantly Affect Energy Supply,
the Executive Order to include as specified in Executive Order 13175. Distribution, or Use’’ (66 FR 28355 (May
regulations that have ‘‘substantial direct This direct final rule applies to gasoline 22, 2001)) because it is not a significant
effects on the States, on the relationship refiners, blenders and importers that regulatory action under Executive Order
between the National Government and supply gasoline or diesel fuel. All of the 12866.
the States, or on the distribution of test method updates in today’s action
I. National Technology Transfer
power and responsibilities among the will improve the performance and/or
Advancement Act
various levels of government.’’ utilization by industry of the test
This direct final rule does not have methods. For the two alternative test Section 12(d) of the National
federalism implications. It would not methods, ASTM D 1319 and ASTM D Technology Transfer and Advancement
have substantial direct effects on the 4815, today’s action will continue to Act of 1995 (‘‘NTTAA’’), Public Law
states, on the relationship between the provide flexibility to the regulated 104–113, section 12(d) (15 U.S.C. 272
National Government and the states, or community. The allowance of ASTM D note) directs EPA to use voluntary
on the distribution of power and 7039–04 will provide additional consensus standards in its regulatory
responsibilities among the various flexibility to the regulated community activities unless to do so would be
levels of government, as specified in in meeting sulfur in gasoline testing inconsistent with applicable law or
Executive Order 13132. All of the test requirements. Referencing the rounding otherwise impractical. Voluntary
method updates in today’s action will method in ASTM E 29–02∈1 provides consensus standards are technical
improve the performance and/or consistent guidance for the regulated standards (e.g., materials specifications,
utilization by industry of the test community when determining whether test methods, sampling procedures, and
methods. For the two alternative test a test result is in conformance with our business practices) that are developed or
methods, ASTM D 1319 and ASTM D motor vehicle fuels standards. Finally, adopted by voluntary consensus
4815, today’s action will continue to for the measurement of sulfur in butane, standards bodies. The NTTAA directs
provide flexibility to the regulated today’s action will provide industry EPA to provide Congress, through OMB,
community. The allowance of ASTM D with a more reliable, more readily explanations when the Agency decides
7039–04 will provide additional available and better test method. Thus, not to use available and applicable
flexibility to the regulated community Executive Order 13175 does not apply voluntary consensus standards. This
in meeting sulfur in gasoline testing to this direct final rule. rulemaking involves technical
requirements. Referencing the rounding standards. EPA has decided to use
method in ASTM E 29–02∈1 provides G. Executive Order 13045: Protection of
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Federal Register / Vol. 71, No. 63 / Monday, April 3, 2006 / Rules and Regulations 16499
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16500 Federal Register / Vol. 71, No. 63 / Monday, April 3, 2006 / Rules and Regulations
or importer test result is correlated with 01, entitled, ‘‘Standard Test Method for ■ b. By revising paragraph (c)(2)(i).
the method specified in paragraph (a)(2) Vapor Pressure of Petroleum Products ■ c. By revising paragraph (e)(1)(v).
of this section: (Mini Method);’’ D 5599–00, entitled,
(i) ASTM standard method D 4468–85 § 80.580 What are the sampling and
‘‘Standard Test Method for
testing methods for sulfur?
(Reapproved 2000), ‘‘Standard Test Determination of Oxygenates in
Method for Total Sulfur in Gaseous Gasoline by Gas Chromatography and * * * * *
Fuels by Hydrogenolysis and Oxygen Selective Flame Ionization (b) Test method for sulfur. (1)
Rateometric Colorimetry,’’ or Detection;’’ D 5769–98, entitled, [Reserved]
(ii) ASTM standard method D 3246– ‘‘Standard Test Method for * * * * *
96, entitled, ‘‘Standard Test Method for Determination of Benzene, Toluene, and (c) Alternative test methods for sulfur.
Sulfur in Petroleum Gas by Oxidative Total Aromatics in Finished Gasolines (1) [Reserved]
Microcoulemetry.’’ by Gas Chromatography/Mass (2) Options for testing sulfur content
(b) Olefins. Olefin content shall be Spectrometry,’’ and D 86–01, entitled, of 500 ppm diesel fuel. (i) For motor
determined using ASTM standard ‘‘Standard Test Method for Distillation vehicle diesel fuel and diesel fuel
method D 1319B03, entitled ‘‘Standard of Petroleum Products at Atmospheric additives subject to the 500 ppm sulfur
Test Method for Hydrocarbon Types in Pressure;’’ D 5453–03a, entitled, standard of § 80.520(c), and for NRLM
Liquid Petroleum Products by ‘‘Standard Test Method for diesel fuel subject to the 500 ppm sulfur
Fluorescent Indicator Adsorption.’’ Determination of Total Sulfur in Light standard of § 80.510(a), sulfur content
* * * * * Hydrocarbons, Motor Fuels and Oils by may be determined using ASTM D
(f) * * * Ultraviolet Fluorescence,’’ D 6920–03, 4294–03, ASTM D 5453–03a, or ASTM
(3)(i) Any refiner or importer may entitled, ‘‘Standard Test Method for D 6920–03, provided that the refiner or
determine aromatics content using Total Sulfur in Naphthas, Distillates, importer test result is correlated with
ASTM standard method D 1319–03, Reformulated Gasolines, Diesels, the appropriate method specified in
entitled ‘‘Standard Test Method for Biodiesels, and Motor Fuels by paragraph (b)(2) of this section; or
Hydrocarbon Types in Liquid Petroleum Oxidative Combustion and * * * * *
Products by Flourescent Indicator Electrochemical Detection,’’ D 3120– (e) * * *
Adsorption,’’ for purposes of meeting 03a, entitled, ‘‘Standard Test Method for (1) * * *
any testing requirement involving Trace Quantities of Sulfur in Light (v) D 6920–03, Standard Test Method
aromatics content; provided that Petroleum Hydrocarbons by Oxidative for Total Sulfur in Naphthas, Distillates,
* * * * * Microcoulometry,’’ D 7039–04, entitled, Reformulated Gasolines, Diesels,
(g) * * * ‘‘Standard Test Method for Sulfur in Biodiesels, and Motor Fuels by
(2)(i) When oxygenates present are Gasoline and Diesel Fuel by Oxidative Combustion and
limited to MTBE, ETBE, TAME, DIPE, Monochromatic Wavelength Dispersive Electrochemical Detection.
tertiary-amyl alcohol and C1 to C4 X-ray Fluorescence Spectrometry,’’ D * * * * *
alcohols, any refiner, importer, or 6667–01, entitled, ‘‘Standard Test [FR Doc. 06–3133 Filed 3–31–06; 8:45 am]
oxygenate blender may determine Method for Determination of Total BILLING CODE 6560–50–P
oxygen and oxygen content using ASTM Volatile Sulfur in Gaseous
standard method D 4815–03 entitled, Hydrocarbons and Liquefied Petroleum
‘‘Standard Test Method for Gases by Ultraviolet Fluorescence,’’ and
DEPARTMENT OF THE INTERIOR
Determination of MTBE, ETBE, TAME, D 4468–85 (Reapproved 2000),
DIPE, tertiary-Amyl Alcohol and C1 to ‘‘Standard Test Method for Total Sulfur Office of the Secretary
C4 Alcohols in Gasoline by Gas in Gaseous Fuels by Hydrogenolysis and
Chromatography,’’ for purposes of Rateometric Colorimetry’’ are 43 CFR Part 10
meeting any testing requirement; incorporated by reference in this
section. These incorporations by RIN 1024–AC84
provided that
reference were approved by the Director
* * * * * Native American Graves Protection
(h) Incorporations by reference. of the Federal Register in accordance
and Repatriation Act Regulations;
ASTM standard methods D 3606–99, with 5 U.S.C. 552(a) and 1 CFR part 51.
Correction
entitled ‘‘Standard Test Method for Copies may be obtained from the
Determination of Benzene and Toluene American Society for Testing and AGENCY: Department of the Interior.
in Finished Motor and Aviation Materials, 100 Barr Harbor Dr., West ACTION: Correcting amendment.
Gasoline by Gas Chromatography;’’ D Conshohocken, PA 19428–2959. Copies
may be inspected at the Air Docket, SUMMARY: This document contains
1319–03, entitled ‘‘Standard Test
EPA/DC, EPA West, Room B102, 1301 corrections to a final rule that was
Method for Hydrocarbon Types in
Constitution Ave., NW., Washington, published Friday, September 30, 2005
Liquid Petroleum Products by
DC, or at the National Archives and (70 FR 57177). The regulations related
Fluorescent Indicator Adsorption;’’ D
Records Administration (NARA). For to implementation of the Native
4815–03, entitled ‘‘Standard Test
information on the availability of this American Graves Protection and
Method for Determination of MTBE,
material at NARA, call 202–741–6030 or Repatriation Act of 1990.
ETBE, TAME, DIPE, tertiary-Amyl
Alcohol and C1 to C4 Alcohols in go to: http://www.archives.gov/ DATES: Effective Date: September 30,
Gasoline by Gas Chromatography;’’ D federal_register/code_of_ 2005.
2622–03, entitled ‘‘Standard Test federal_regulations/ibr_locations.html. FOR FURTHER INFORMATION CONTACT: Dr.
Method for Sulfur in Petroleum Subpart I—[Amended] Sherry Hutt, Manager, National
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