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Federal Register / Vol. 62, No. 28 / Tuesday, February 11, 1997 / Proposed Rules6403proprietary information should be sentdirectly to the contact person listedabove, and not to the public docket, toinsure that proprietary information isnot inadvertently placed in the docket.If a commenter wants EPA to base thefinal rule in part on a submissionlabeled as confidential businessinformation, then a nonconfidentialversion of the document whichsummarizes the key data or informationshould be sent to the docket.Information covered by a claim ofconfidentiality will be disclosed by EPAonly to the extent allowed and by theprocedures set forth in 40 CFR part 2.If no claim of confidentialityaccompanies the submission when it isreceived by EPA, it may be madeavailable to the public without furthernotice to the commenter.B. Public HearingAny person desiring to presenttestimony regarding this proposal at thepublic hearing (see DATES) should, ifpossible, notify the contact person listedabove of such intent at least seven daysprior to the day of the hearing to allowfor orderly scheduling of the testimony.The contact person should also beprovided an estimate of the timerequired for the presentation of thetestimony and notification of any needfor audio/visual equipment.It is suggested that sufficient copies ofthe statement or material to bepresented be brought to the hearing fordistribution to the audience. Inaddition, it will be helpful for EPA toreceive an advance copy of anystatement or material to be presented atthe hearing prior to the scheduledhearing date, in order for EPA staff togive such material full consideration.Such advance copies should besubmitted to the contact person listedabove.The official record of the hearing willbe kept open for 30 days following thehearing to allow submission of rebuttaland supplementary testimony. All suchsubmittals should be directed to theEPA Air Docket Section, Docket No. A–94–31 (see ADDRESSES)XI. Administrative Designation andRegulatory Assessment RequirementsA. Executive Order 12866Under Executive Order 12866 (58 FR51735, October 4, 1993) the Agencymust determine whether the regulatoryaction is ‘‘significant’’ and thereforesubject to OMB review and therequirements of the Executive Order.The Order defines ‘‘significantregulatory action’’ as one that is likelyto result in a rule that may: (1) Have anannual effect on the economy of $100million or more or adversely affect in amaterial way the economy, a sector ofthe economy, productivity, competition,jobs, the environment, public health orsafety, or State, local, or tribalgovernment or communities; (2) create aserious inconsistency or otherwiseinterfere with action taken or plannedby another agency; (3) materially alterthe budgetary impact of entitlements,grants, user fees, or loan programs or therights and obligations of recipientsthereof; or (4) raise novel legal or policyissues arising out of legal mandates, thePresident’s priorities, or the principlesset forth in the Executive Order.Pursuant to the terms of ExecutiveOrder 12866, EPA has determined thatthis is a ‘‘significant regulatory action’’within the meaning of the ExecutiveOrder. EPA has submitted this action toOMB for review. Changes made inresponse to OMB suggestions orrecommendations will be documentedin the public record.B. Regulatory FlexibilityThe Regulatory Flexibility Act(RFA) 38 generally requires an agency toconduct a regulatory flexibility analysisof any rule subject to notice andcomment rulemaking requirementsunless the agency certifies that the rulewill not have a significant economicimpact on a substantial number of smallentities. Small entities include smallbusinesses, small not-for-profitenterprises, and small governmentaljurisdictions. This proposal would nothave a significant impact on asubstantial number of small entities.The Agency has identified two types ofsmall entities which could potentiallybe impacted by this proposal: Smallbusinesses involved in locomotiveremanufacturing and small short linerailroads. EPA believes that, whiletoday’s proposal could potentially affectboth of these groups, the impacts wouldbe minimal or nonexistent for thefollowing reasons.In the case of small remanufacturingbusinesses, the proposed rulesgoverning remanufacturing oflocomotives or locomotive enginesrequire that any remanufacture of post-1972 locomotives or engines (exceptthose exempted from the remanufacturerequirements, as discussed in the nextparagraph) be done such that theresultant locomotive or locomotiveengine is in a configuration certified asmeeting applicable emissions standards.The certification of a remanufacturedlocomotive or engine configuration hastwo cost components associated with it.38 5 U.S.C. 605(b).The first is the cost of developing andmanufacturing the requisite emissioncontrol technology. The second is thecost of emission testing associated withcompliance. Small remanufacturingbusinesses often do not do their ownresearch and development for thetechnology they use, but insteadpurchase the hardware from largerfirms. It is expected that today’sproposed requirements will not changethis practice, and that these small firmswill enter into contractual agreementswith larger firms. Under such anarrangement the larger firms willcontinue to do the development workand will be the certificate holder for aparticular engine family and, as thecertificate holder, would be responsiblefor providing an emissions warranty andconducting the PLT and in-use testingprograms, as required by the proposedregulations. This type of arrangement isexpected to resolve the issue oftechnology development andmanufacturing costs for smallremanufacturing businesses. TheAgency requests comments regardingwhether additional provisions should beestablished to minimize market shiftsthat could adversely affect smallbusinesses that either manufacture orremanufacture parts for locomotiveremanufacturing.In the case of the small railroads, theAgency believes that the amount ofleadtime provided in today’s proposalshould allow for sufficient advanceplanning to minimize the impacts. First,these small railroads do not tend topurchase freshly manufacturedlocomotives, but instead purchase usedlocomotives from the Class I railroads.For this reason the costs associated withthe compliance of freshly manufacturedlocomotives would not be borne by thesmall railroads. Additionally, thesesmall railroads will likely have severalyears following the effective date oftoday’s proposed standards before anyused locomotives they purchase will beremanufactured, and thus required tocomply with these standards.Furthermore, the Agency proposes toallow an exemption for railroads with500 employees or less from the Tier 0standards, as discussed earlier in thisnotice. Finally, the Agency is proposingthat the railroad in-use test programonly apply to Class I railroads, thusexempting all small railroads from thistesting requirement. In developing thisproposed regulation, EPA has tailoredthe requirements so as to minimize oreliminate the effects on small entities.Therefore, I certify that this action willnot have a significant economic impact
6404 Federal Register / Vol. 62, No. 28 / Tuesday, February 11, 1997 / Proposed Ruleson a substantial number of smallentities.C. Paperwork Reduction ActThe information collectionrequirements in this proposed rule willbe submitted for approval to the Officeof Management and Budget (OMB)under the Paperwork Reduction Act, 44U.S.C 3501 et seq. An InformationCollection Request has been prepared byEPA (ICR No. 1800.01) and a copy maybe obtained from Sandy Farmer, OPPERegulatory Information Division, U.S.Environmental Protection Agency(2137), 401 M St., SW., Washington, DC20460 or by calling (202) 260–2740.The information being collected is tobe used by EPA to certify newlocomotives and new locomotiveengines in compliance with applicableemissions standards, and to assure thatlocomotives and locomotive enginescomply with applicable emissionsstandards when produced and in-use.The annual public reporting andrecordkeeping burden for this collectionof information is estimated to average494 hours per response, with collectionrequired quarterly or annually(depending on what portion of theprogram the collection is in responseto). The estimated number ofrespondents is 20 and the estimatednumber of responses is 126. The totalannualized capital/startup cost is $1.8million. Burden means the total time,effort, or financial resources expendedby persons to generate, maintain, retain,or disclose or provide information to orfor a Federal agency. This includes thetime needed to review instructions;develop, acquire, install, and utilizetechnology and systems for the purposesof collecting, validating, and verifyinginformation, processing andmaintaining information, and disclosingand providing information; adjustingthe existing ways to comply with anypreviously applicable instructions andrequirements; train personnel to be ableto respond to a collection ofinformation; search data sources;complete and review the collection ofinformation; and transmit or otherwisedisclose the information.An agency may not conduct orsponsor, and a person is not required torespond to a collection of informationunless it displays a currently valid OMBcontrol number. The OMB controlnumbers for EPA’s regulations aredisplayed in 40 CFR part 9 and 48 CFRChapter 15.Comments are requested on theAgency’s need for this information, theaccuracy of the provided burdenestimates, and any suggested methodsfor minimizing respondent burden,including through the use of automatedcollection techniques. Send commentson the ICR to the Director, OPPERegulatory Information Division, U.S.Environmental Protection Agency(2137), 401 M St., SW, Washington, DC20460, and to the Office of Informationand Regulatory Affairs, Office ofManagement and Budget, 725 17th St.,NW, Washington, DC 20503, marked‘‘Attention: Desk Officer for EPA.’’Include the ICR number in anycorrespondence. Since OMB is requiredto make a decision concerning the ICRbetween 30 and 60 days after February11, 1997, a comment to OMB is bestassured of having its full effect if OMBreceives it by March 13, 1997. The finalrule will respond to any OMB or publiccomments on the information collectionrequirements contained in this proposal.D. Unfunded Mandates Reform ActTitle II of the Unfunded MandatesReform Act of 1995 (UMRA), Pub. L.104–4, establishes requirements forFederal agencies to assess the effects oftheir regulatory actions on State, local,and tribal governments and the privatesector. Under section 202 of the UMRA,EPA generally must prepare a writtenstatement, including a cost-benefitanalysis, for proposed and final ruleswith ‘‘Federal mandates’’ that mayresult in expenditures to State, local,and tribal governments, in the aggregate,or to the private sector, of $100 millionor more in any one year. Beforepromulgating an EPA rule for which awritten statement is needed, section 205of the UMRA generally requires EPA toidentify and consider a reasonablenumber of regulatory alternatives andadopt the least costly, most costeffectiveor least burdensome alternativethat achieves the objectives of the rule.The provisions of section 205 do notapply when they are inconsistent withapplicable law. Moreover, section 205allows EPA to adopt an alternative otherthan the least costly, most cost-effectiveor least burdensome alternative if theAdministrator publishes with the finalrule an explanation why that alternativewas not adopted. Before EPA establishesany regulatory requirements that maysignificantly or uniquely affect smallgovernments, including tribalgovernments, it must have developedunder section 203 of the UMRA a smallgovernment agency plan. The plan mustprovide for notifying potentiallyaffected small governments, enablingofficials of affected small governmentsto have meaningful and timely input inthe development of EPA regulatoryproposals with significant Federalintergovernmental mandates, andinforming, educating, and advisingsmall governments on compliance withthe regulatory requirements.Today’s rule contains no Federalmandates (under the regulatoryprovisions of Title II of the UMRA) forState, local, or tribal governmentsbecause the rule imposes no enforceableduty on any State, local or tribalgovernments. Nothing in the proposedprogram would significantly or uniquelyaffect small governments. EPA hasdetermined that this rule containsfederal mandates that may result inexpenditures of $100 millon or more inany one year for the private sector. EPAbelieves that the proposed programrepresents the least costly, most costeffective approach to achieving the airquality goals of the proposed rule. EPAhas performed the required analysesunder Executive Order 12866 whichcontains identical analyticalrequirements.XII. Copies of Rulemaking DocumentsThe preamble, draft regulatorylanguage and draft Regulatory SupportDocument (RSD) are available in thepublic docket as described under‘‘ADDRESSES’’ above and are alsoavailable electronically on theTechnology Transfer Network (TTN),which is an electronic bulletin boardsystem (BBS) operated by EPA’s Officeof Air Quality Planning and Standardsand via the internet. The service is freeof charge, except for the cost of thephone call.A. Technology Transfer Network (TTN)Users are able to access and downloadTTN files on their first call using apersonal computer and modem per thefollowing information.TTN BBS: 919–541–5742 (1200–14400bps, no parity, 8 data bits, 1 stop bit)Voice Helpline: 919–541–5384Also accessible via Internet: TELNETttnbbs.rtpnc.epa.gov Off-line:Mondays from 8:00 AM to 12:00 NoonETA user who has not called TTNpreviously will first be required toanswer some basic informationalquestions for registration purposes.After completing the registrationprocess, proceed through the followingmenu choices from the Top Menu toaccess information on this rulemaking. GATEWAY TO TTN TECHNICALAREAS (Bulletin Boards) OMS—Mobile SourcesInformation Rulemaking & Reporting Non-Road File area #3 * * * LocomotiveEmission StandardsAt this point, the system will list allavailable files in the chosen category in
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