[Federal Register Volume 61, Number 222 (Friday, November 15, 1996)]
[Rules and Regulations]
[Pages 58618-58620]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-29179]
[[Page 58617]]
_______________________________________________________________________
Part II
Environmental Protection Agency
_______________________________________________________________________
40 CFR Part 86
Extension of Interim Revised Durability Procedures for Light-Duty
Vehicles and Light-Duty Trucks; Final Rule
Federal Register / Vol. 61, No. 222 / Friday, November 15, 1996 /
Rules and Regulations
[[Page 58618]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 86
[AMS-FRL-5651-2]
Extension of Interim Revised Durability Procedures for Light-Duty
Vehicles and Light-Duty Trucks
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: On January 12, 1993, EPA published a final rule establishing
interim durability procedures used for demonstrating compliance with
light duty vehicle and light duty truck emission standards, applicable
in model years 1994-1996 only. On July 18, 1994, EPA published a direct
final rule extending the applicability of the original rule through
model year 1998. Today's direct final rule extends the applicability of
those durability procedures indefinitely. The Agency intends to conduct
a separate rulemaking to implement a long-term durability program;
however, such an action will be linked to others as part of a broad-
based streamlining initiative for all vehicle emission compliance
activities. It is difficult to predict with any precision when this
subsequent action will occur. The Agency currently estimates that new
compliance regulations will be promulgated such that they would become
effective no earlier than the 2000 model year. Because the current
durability regulations expire at the end of the 1998 model year,
failure to adopt today's action would result in less effective and
inefficient durability regulations beginning with the 1999 model year.
The Agency believes that it is appropriate to extend indefinitely the
existing interim procedures via a direct final rule because so doing
addresses lead time concerns for model year 1999 and beyond, accounts
for the uncertainty of the anticipated revised compliance regulations
and adds no new requirements, but rather simply allows the continuation
of the current program.
DATES: This action will be effective January 14, 1997 unless notice is
received by December 16, 1996 that adverse or critical comments will be
submitted, or that an opportunity to submit such comments at a public
hearing is requested. If adverse comments are received, the Agency will
publish a document in the Federal Register withdrawing the rule before
the effective date.
ADDRESSES: Interested parties may submit written comments (in
duplicate, if possible) to Public Docket No. A-93-46 at: Air Docket
Section, U.S. Environmental Protection Agency, 401 M Street SW,
Washington, D.C. 20460.
Materials relevant to this final rule have been placed in Docket
No. A-93-46. Additional documents of relevance may be found in Docket
No. A-90-24. The docket is located at the above address in room M-1500,
Waterside Mall, and may be inspected weekdays between 8:30 a.m. and
noon, and between 1:30 p.m. and 3:30 p.m. A reasonable fee may be
charged by EPA for copying docket materials.
FOR FURTHER INFORMATION CONTACT: Linda Hormes, Vehicle Programs and
Compliance Division, U.S. Environmental Protection Agency, National
Vehicle and Fuel Emissions Laboratory, 2565 Plymouth Road, Ann Arbor,
MI 48105. Telephone (313) 668-4502.
SUPPLEMENTARY INFORMATION:
Electronic Availability
The preamble, regulatory language, and regulatory support document
are available electronically on the Technology Transfer Network (TTN),
an electronic bulletin board system operated by EPA's Office of Air
Quality, Planning and Standards. Users are able to access and download
TTN files of their first call. After logging on to TTN, to navigate
through the system for the files of interest, the user must enter the
appropriate command at each of a series of menus. The steps required to
access information on this rulemaking are listed below. The service is
free of charge, except for the cost of the phone call.
TTN bulletin board system: (919) 541-5742 (1200-14400 pbs, no
parity, 8 data bits, 1 stop bit)
Voice Helpline: (919) 541-5384
Internet access address: TELNET ttnbbs.rtpnc.epa.gov.
Off-line: Mondays from 8:00 AM to 12:00 Noon ET.
1. Technology Transfer Network Top Menu GATEWAY TO TTN
TECHNICAL AREAS (Bulletin Boards); Command: T.
2. TTN TECHNICAL INFORMATION AREAS: OMS--Mobile Sources
Information; Command: M.
3. OMS BBS === MAIN MENU: Rulemaking & Reporting; Command: K.
4. [1] Light Duty; File Area 2 LD VEHICLE DURABILITY.
At this stage, the system will list all available files. To
download a file, select a transfer protocol which will match the
terminal software on your own computer, then set your own software to
receive the file using that same protocol.
If unfamiliar with handling compressed (i.e. ZIP'ed) files, go to
the TTN top menu, System Utilities (Command: 1) for information and the
necessary program to download in order to unZIP the files of interest
after downloading to your computer. After getting the files you want
onto your computer, you can quit the TTN BBS with the oodbye
command.
Internet Access: The preamble, regulatory language and regulatory
support document are also available electronically from the following
EPA internet sites:
World Wide Web:
http://www.epa.gov/OMSWWW/
Gopher:
gopher://gopher.epa.gov/
Follow menus for: Offices/Air/OMS
FTP:
ftp://ftp.epa.gov/
Change Directory to pub/gopher/OMS
Please note that due to differences between the software used to
develop the document and the software into which the document may be
downloaded, changes in format, page length, etc. may occur.
I. Background
On January 12, 1993, the Agency published interim procedures for
motor vehicle manufacturers to use in demonstrating compliance with
emission standards for light-duty vehicles and light-duty trucks (58 FR
3994). That rule, referred to hereafter as the ``RDP-I'' rule, made the
interim procedures applicable to model years 1994 through 1996, but not
thereafter. The Agency now plans to revise the RDP-I interim procedures
through rulemaking in conjunction with other activities associated with
a compliance revision initiative currently being undertaken by the
Agency.
The Agency initially planned to promulgate a separate durability
regulation, hereafter referred to as ``RDP II'' which was to become
effective beginning with the 1997 model year. However, that became
impractical due to lead time constraints for manufacturers wishing to
certify vehicles in that model year and the uncertainty that sufficient
lead time existed for implementation in the 1998 model year as well.
Consequently, the Agency promulgated a direct final rule which extended
the applicability of the RDP-I interim rulemaking through model year
1998 (59 FR 36368). This was intended to provide manufacturers with
timely notice of the regulations
[[Page 58619]]
applicable for certifying vehicles through model year 1998 while EPA
continued work on preparing and finalizing further technical and
procedural improvements to the RDP II program. While work on the RDP-II
rule proceeded, various new events and actions precluded the timely
completion of this project. In particular, in 1995 the Agency undertook
an initiative to revise the current vehicle compliance program,
including the durability protocols. The Agency is currently considering
promulgating regulations which would become effective with the 2000
model year. Because these regulations are still under the initial
planning stage, it is not possible to provide manufacturers with a firm
effective date. Therefore, the Agency believes today's action of
indefinitely extending the existing RDP-I regulations will satisfy the
industry's need to plan its durability programs and will retain the
current durability options which can be improved upon in future
actions.
II. Environmental Effects and Economic Impacts
A. Economic Impacts
This action extends an existing program without modification, and
as such, the Agency does not expect any new economic impacts over and
above those described in the interim rulemaking. In general, the RDP-I
interim rulemaking projected annual cost savings with respect to the
previously existing program of approximately $8.6 million, and although
this number is highly dependent upon the interaction of several
variables, all modeled scenarios resulted in some level of savings. A
complete description of those impacts is contained in 58 FR 3994
(January 12, 1993).
B. Environmental and Cost-Benefit Impacts
The RDP I rulemaking revised testing and administrative procedures
necessary to determine the compliance of light-duty vehicles and light-
duty trucks with the Tier 1 emission standards promulgated in June
1991, and no environmental benefit was claimed over and above that
already accounted for in the Tier 1 rule. Today's action will similarly
claim no environmental benefit. A detailed discussion of the Tier 1
environmental impacts can be found in 56 FR 25734 (June 5, 1991).
III. Public Participation and Effective Date
The Agency is publishing this action as a direct final rule because
it views it as non-controversial and anticipates no adverse comments.
This action will be effective January 14, 1997 unless the Agency
receives notice by December 16, 1996 that adverse or critical comments
will be submitted, or that a party requests the opportunity to submit
such oral comments pursuant to section 307(d)(5) of the Clean Air Act,
as amended.
If such notice is received, this action will be withdrawn before
the effective date by publishing two subsequent documents. One document
will withdraw this final rule and another will begin a new rulemaking
by announcing a proposal of the rule and establishing a comment period.
IV. Statutory Authority
Authority for the actions promulgated in this final rule is granted
to EPA by sections 202, 203, 205, 206, 207, 208, 215, 216, 217, and
301(a), of the Clean Air Act, as amended (42 U.S.C. 7521, 7522, 7524,
7525, 7541, 7542, 7549, 7550, 7552, and 7601(a), and 5 U.S.C. 553(b)).
V. Administrative Designation
Under Executive Order 12866, the Agency must determine whether the
regulatory action is ``significant'' and, therefore, subject to OMB
review and the requirements of the Executive Order. The order defines a
``significant regulatory action'' as one that is likely to result in a
rule that may:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, productivity,
competition, jobs, the environment, public health or safety, or State,
local or tribal governments or communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
It has been determined that this rule is not a ``significant
regulatory action'' under the terms of Executive Order 12866 and is
therefore not subject to OMB review.
VI. Regulatory Flexibility Act
The Regulatory Flexibility Act of 19980 requires federal agencies
to identify potentially adverse impacts of federal regulations upon
small entities. The Small Business Regulatory Enforcement Fairness Act
of 1996 amended these requirements. In instances where significant
impacts are possible on a substantial number of these entities,
agencies are required to perform a Regulatory Flexibility Analysis.
The Agency has determined that this action will not have an adverse
impact on small entities. Moreover, this regulation does not create any
new regulatory requirements.
Therefore, under section 605 of the Regulatory Flexibility Act, 5
U.S.C. 601 et seq., I certify that this regulation does not have a
significant impact on a substantial number of small entities. '
VII. Reporting and Recordkeeping Requirements
Under the Paperwork Reduction Act of 1990, 44 U.S.C. 3501 et seq.,
EPA must obtain Office of Management and Budget clearance for any
activity that will involve collecting substantially the same
information from ten or more non-Federal respondents. On December 1,
1992, OMB approved collection of information required in 40 CFR 86.094-
26 under ICR control number 2060-0104. This regulation does not impose
any new information collection requirements and will result in no
change in the reporting burden.
VIII. Submission to Congress and the General Accounting Office
Under 5 U.S.C. 801(a)(1)(A) of the Administrative Procedures Act
(APA) as amended by the Small Business Regulatory Enforcement Fairness
Act of 1996, EPA submitted a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives and the Comptroller General of the General Accounting
Office prior to publication of the rule in today's Federal Register.
This rule is not a ``major rule'' as defined by 5 U.S.C. 804(2) of the
APA as amended.
IX. Unfunded Mandates Act
Section 202 of the Unfunded Mandates Reform Act of 1995 (signed)
into law on March 22, 1995) requires that EPA prepare a budgetary
impact statement before promulgating a rule that includes a federal
mandate that may result in expenditure by state, local, and tribal
governments, in aggregate, or by the private sector, of $100 million or
more in any one year. Section 203 of the Unfunded Mandates Reform Act
requires EPA to establish a plan for obtaining input from and
informing, educating and advising any
[[Page 58620]]
small governments that may be significantly or uniquely affected by the
rule.
Under section 205 of the Unfunded Mandates Act, EPA must identify
and consider a reasonable number of regulatory alternatives before
promulgating a rule for which a budgetary impact statement must be
prepared. EPA must select from those alternatives the least costly,
most cost-effective, or least burdensome alternative that achieves the
objectives of the rule, unless EPA explains why this alternative is not
selected or the selection of this alternative is inconsistent with law.
Because this direct final rule is expected to result in the
expenditure by state, local and tribal governments or the private
sector of less than $100 million in any one year, EPA has not prepared
a budgetary impact statement or spectifically address selection of the
least costly, most cost-effective or least burdensome alternative.
Because small governments will not be significantly or uniquely
affected by this rule, EPA is not required to develop a plan with
regard to small governments.
List of Subjects in 40 CFR Part 86
Environmental protection, Administrative practice and procedure,
Confidential business information, Labeling, Motor vehicle pollution,
Reporting and recordkeeping requirements.
Dated: November 7, 1996.
Carol M. Browner,
Administrator.
For the reasons set forth in the preamble, part 86 of chapter I,
title 40 of the Code of Federal Regulations is amended as follows:
PART 86--CONTROL OF AIR POLLUTION FROM NEW AND IN-USE MOTOR
VEHICLES AND NEW AND IN-USE MOTOR VEHICLE ENGINES: CERTIFICATION
AND TEST PROCEDURES
1. The authority citation for part 86 continues to read as follows:
Authority: Secs. 202, 203, 205, 206, 207, 208, 215, 216, 217,
and 301(a), of the Clean Air Act, as amended (42 U.S.C. 7521, 7522,
7524, 7525, 7541, 7542, 7549, 7550, 7552, and 7601(a)).
Sec. 86.094-13 [Amended]
2. in Sec. 86.094-13, paragraphs (a)(1), (c)(1), (d)(1), (e)(1),
and (f)(1) are amended by revising the words ``1994 through 1998'' to
read ``1994 and beyond''.
Sec. 86.094-26 [Amended]
3. In Sec. 86.094-26, paragraphs (a)(2), (b)(2)(i), and (b)(2)(ii)
are amended by revising the words ``1994 through 1998'' to read ``1994
and beyond''.
[FR Doc. 96-29179 Filed 11-14-96; 8:45 am]
BILLING CODE 6560-50-P
