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Citation: 52 Fed. Reg. 20777 1987

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 Federal Register / Vol. 52, No. 106
1987. Protests will be considered by the
Commission in determining the
appropriate action to be taken, but will
not serve to make protestants parties to
the proceeding. Any person wishing to
become a party must file a motion to
intervene. Copies of this filing are on file
with the Commission and are available
for public inspection.
Kenneth F. Plumb,
Secretary.
[FR Doc. 87-12551 Filed 6-2-87; 8:45 am]
BILLING CODE 6717-01-M
[Docket No. ER87-30-000]
The United Illuminating Co.; Filing
May 28, 1987.
Take notice that on May 20, 1987,
pursuant to the order of the Commission,
The United Illuminating Company ("ul")
tendered for filing amendments to its
FERC Electric Tariff, Original Volume
No. 1. The amendments will decrease
the rates established by the Tariff.
UI states that copies of this rate
schedule have been mailed or delivered
to parties on the official service list and
the Connecticut Department of Public
Utility Control.
Any person desiring to be heard or to
protest said filing should file a motion to
intervene or a protest with the Federal
Energy Regulatory Commission, 825
North Capitol Street, NE., Washington,
DC 20426, in accordance with Rules 214
or 211 of the Commission's rules of
practice and procedure (18 CFR 385.211,
385.214). All such motions or protests
should be filed on or before June 11,
1987. Protests will be considered by the
Commission in determining the
appropriate action to be taken, but will
not serve to make protestants parties to
the proceeding. Any person wishing to
become a party must file a motion to
intervene. Copies of this filing are on file
with the Commission and are available
for public inspection.
Kenneth F. Plumb,
Secretary.
[FR Doc. 87-12609 Filed 6-2-87; 8:45 am]
[PILLING CODE 6717-01-M
[Docket No. ER87-24-002]
Utah Power & Ught Co.; Filing
May 28, 1987.
Take notice that on May 13, 1987,
Utah Power &Light Company ("the
Company") tendered for filing copies of
its Compliance Report pursuant to 18
CFR Part 35 and the Order issued by the
Commission on March 18,1987, in this
docket.
/ Wednesday, June 3, 1987 / Notices
The Company states that copies of
this compliance filing have been served
upon all affected customers and the
State Commissions of Utah, California,
Oregon, Colorado, Arizona, Nevada and
Idaho.
Any person desiring to be heard or to
protest said filing should file a motion to
intervene or protest with the Federal
Energy Regulatory Commission, 825
North Capitol Street NE., Washington,
DC 20426, in accordance with Rules 214
or 211 of the Commission's rules of
practice and procedure (18 CFR 385.211,
385.214). All such motions or protests
should be filed on or before June 11,
1987. Protests will be considered by the
Commission in determining the
appropriate action to be taken, but will
not serve to make protestants parties to
the proceeding. Any person wishing to
become a party must file a motion to
intervene. Copies of this filing are on file
with the Commission and are available
for public inspection.
Kenneth F. Plumb,
Secretary.
[FR Doc. 87-12610 Filed 6-2-87; 8:45 am]
BILUNG CODE 6717-01-M
ENVIRONMENTAL PROTECTION
AGENCY
[AMS-FRL-3210-1]
California State Motor Vehicle
Pollution Control Standards; Waiver of
Federal Preemption; Decision
AGENCY: Environmental Protection
Agency.
ACTION:. Notice of waiver of Federal
preemption.
SUMMARY: EPA is granting California a
waiver of Federal preemption pursuant
to section 209(b) of the Clean Air Act to
adopt and enforce amendments to its
emission standards and test procedures
for the certification of heavy-duty diesel
engines and vehicles. California
amended its exhaust emissions
standards and test procedures to make
them consistent with Federal test
procedures. California also amended its
definition of and regulations relating to
"useful life" for heavy-duty diesel
engines. The procedures for establishing
engine durability were revised and
procedures were added for small volume
manufacturers. Additional conforming
changes were made to California's In-
use Label Specifications and Emissions-
Related Defects Reporting Procedures.
ADDRESSES: A copy of the above
standards, procedures, and other
amendments, the decision document
containing an explanation of the
20777
Administrator's determination and the
record of those documents used in
arriving at this decision, are available
for public inspection during normal
working hours (8:00 a.m. to 4:30 p.m.) at
the U.S. Environmental Protection,
Agency, Central Docket Room (Docket
EN-85-10), West Tower Lobby, 401 M
Street, SW., Washington, DC 20460.
Copies of the decision document can be
obtained from EPA's Manufacturers
Operations Division by contacting Alice
Crowe, as noted below.
FOR FURTHER INFORMATION CONTACT:
Alice Crowe, Section Chief, Waivers/
Special Projects Section, Manufacturers
Operations Division (EN-340--F) U.S.
Environmental Protection Agency,
Washington, DC 20460. Telephone: (202)
382-2514.
SUPPLEMENTARY INFORMATION: I have
decided to grant California a waiver of
Federal preemption pursuant to section
209(b) of the Clean Air Act, as amended
(Act), 42 U.S.C. 7543(b) (1982), for its
amendments which provide for the
certification of heavy-duty diesel
vehicles and engines. The amendments
adopted by the California Air Resources
Board (CARB) are to its heavy-duty
diesel exhaust emission standards and
test procedures and its In-Use Label
Specifications and Emission-Related
Defects Reporting Procedures.
Section 209(b) of the Act provides that
if certain criteria are met, the
Administrator shall waive Federal
preemption for California to enforce
new motor vehicle emission standards
and accompanying enforcement
procedures. The criteria include
consideration of whether California
arbitrarily and-capriciously determined
that its standards are, in the aggregate,
at least as protective of public health
and welfare as the applicable Federal
standards, whether California does not
need the State standards to meet
compelling-and extraordinary conditions
and whether California's amendments
are consistent with section 209(a) of the
Act.
The CARB determined that these
amended standards and accompanying
enforcement procedures do not
undermine California's prior
determinations that the State standards
are, in the aggregate, at least as
protective of public health and welfare
as the applicable Federal standards. No
manufacturers presented evidence that
California arbitrarily and capriciously
reached this determination. Since
California's standards and procedures
conform in significant. part with the.
Federal standards and procedures, I
20778 Federal Register / Vol. 52, No. 106" / Wednesday, June ,3, 1987 / Notices
cannot find California's determination to
be arbitrary and capricious.
The CARB has continually
;demonstrated the existence of
compelling and extraordinary conditions
justifying the need for its own motor
vehicle pollution control program, which
includes the subject.standards and,
procedures. No information has been
submitted to demonstrate that California
no longer has a compelling and
extraordinary need for its own program.
Therefore, I agree that California
continues to have compelling and
extraordinary conditions which require
its own program, and, thus, I cannot
deny the waiver on the basis of the lack
of compelling and extraordinary
conditions.
I The CARB has submitted information
that the requirements of its emissions
standards and test procedures are
technologically feasible and present no.
inconsistency with Federal certification
requirements and are, therefore,
consistent with section 202(a) of the Act.
No manufacturer submitted data or
other information to satisfy its burden of
persuading EPA that the standards are
not technologically feasible within
available lead time, considering costs.
Since California's certification
procedures now parallel the Federal
certification procedures, California's
amendments do not present any issues
regarding inconsistent certification
procedures. Thus, I cannot find that
California's amendments will be
inconsistent with section 202(a) of the
Act. Accordingly, I must grant the
waiver requested by California.
My decision will affect not only
persons in California but also the
manufacturers outside the State who
must comply with California's
requirements in order to produce motor
vehicles for sale in California. For this
reason, I hereby determine and find that
this is a final action of national
applicability. Accordingly, judicial
review of this action is available only by
filing a petition for review in the United
States Court of Appeals for the District
of Columbia Circuit within 60 days of
publication. Under section 307(b)(2) of
the Act, the requirements which are the
subject of today's notice may not be
challenged later in judicial proceedings
brought by EPA to enforce these
requirements.
This action is not a rule as defined by
section 1(a) of Executive Order 12291, 46
FR 13193 (February 19, 1981). Therefore,
it is exempt from review by the Office of
Management and Budget as required for
rules and regulations by Executive
Order 12291. Additionally, a Regulatory
Impact Analysis is not being prepared
under Executive Order 12291 for this
waiver determination since It is not a
rule.
This action is not a "rule" as defined
In 5 U.S.C. 601(2) (1982). Therefore, EPA
has not prepared a supporting regulatory
flexibility analysis addressing the
impact of this action on small business
entities.
Dated: May 13, 1987.
Don R.Clay,
Acting Assistant Administratorfor Air and
Radiation.
[FR Doc. 87-12590 Filed 6-2-87; 8:45 am]
BILLING CODE 6560-50-M
[PTS-140084; FRL-3211-9]
Access to Confidential Business
Information by Congress
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Notice.
SUMMARY: The Senate Committee on
Environment and Public Works has
requested access to information which
has been submitted to EPA under
sections 5 and 8 of the Toxic Substances
Control Act (TSCA). Some of the
information may be claimed or
determined to be confidential business
information (CBI).
DATE: Access to the confidential data
submitted to EPA will occur no sooner
than June 15, 1987.
FOR FURTHER INFORMATION CONTACT:
Edward A. Klein, Director, TSCA
Assistance Office (TS-799), Office of
Toxic Substances, Environmental
Protection Agency, Rm. E-543, 401 M St.,
SW., Washington, DC 20460, (202-554-
1404).
SUPPLEMENTARY INFORMATION: In a May
6, 1987 letter to the EPA Assistant
Administrator for Pesticides and Toxic
Substances, the chairman of the Senate
Committee on Environment and Public
Works requested that the Agency
provide specifed Committee employees
access to materials submitted to EPA
under sections 5 and 8 of TSCA. The
letter indicated that such access is
necessary for preparation for legislative
oversight hearings to be held later this
year. Some of the information requested
by the Committee may be claimed or
determined to be confidential.
In accordance with section 14(e) of
TSCA and 40 CFR 2.306 (h), EPA is
required to provide TSCA CBI to a
congressional Committee in response to
a written request by its chairman.
EPA is issuing this notice to inform all
submitters of information under sections
5 and 8 of TSCA that EPA may provide
this Committee access to these CBI
I
materials on a need-to-know basis. The
Committee has indicated that all access
to TSCA CBI by the Committee will take
place at EPA Headquarters:- Clearance
for access to TSCA CBI under-this
request is scheduled to expire on June 1,
1988.- . ...
EPA will Inform the Committee of the
confidential status of the information In
question, of the security procedures EPA
follows to protect the information, and
of the provisions of section 14 of TSCA,
which set criminal penalties for
unlawful disclosure of CBI:
Dated: May 27, 1987.
Charles L Elkins,
Director,Office of Toxic Substances.
[FR Doc. 87-12585 Filed 6-2-87; 8:45 aim]
BILLING CODE 6560-SO-M
(FRL-3212-5]
Science Advisory Board -
Biotechnology Research Review
Subcommittee; Open Meeting
Under the Federal Advisory
Committee Act, Pub. L. 92-463, notice is
hereby given that a two-day meeting of
the Biotechnology Research Review
Subcommittee of the Science Advisory
Board's Executive Committee will be
held on June 22 and 23, 1987. The
meeting will begin at 9:00 a.m. on June
22 and will be held in the Conference
Facilities of the Holiday Inn at
Embarcadero, 1355 N. Harbor Drive, in
San Diego, California 92101-3385.
Adjournment on June 23 will take place
no later than 5:00 p.m.
The main purpose of the meeting is to
assess EPA's Biotechnology Risk
Assessment Research Program. The
review will provide independent
scientific advice on the objectives,
relevance and quality of ongoing
research. In addition, recommendations
concerning modifications to the content
and direction of the program will be
made to ensure support of future Agency --
needs. Four major issues will be
addressed (1) scientific adequacy of
research program design, and goals, (2)
evaluation of specific objectives as they
support risk assessment of
biotechnology products, (3) cross cutting
scientific issues and program
integration, and (4) ability of the
program to meet future Agency needs.
The meeting will be open to the
public. Any member of the public who
wishes to attend, present information to
the subcommittee, or obtain information
concerning the meeting, should contact
Ms. Janis Kurtz, Executive Secretary, or
Ms. Renee Butler, Staff Secretary; (A-
101-F), Science Advisory Board, U.S.