[Federal Register Volume 62, Number 47 (Tuesday, March 11, 1997)]
[Proposed Rules]
[Pages 11138-11141]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-5877]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 86
[AMS-FRL-5701-7]
Extension of Interim Revised Durability Procedures for Light-Duty
Vehicles and Light-Duty Trucks
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of Proposed Rulemaking.
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SUMMARY: Today's proposal was originally published as a Direct Final
Rule (61 FR 58618, November 15, 1996), but the amendments were removed
due to the receipt of an adverse comment.
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 proposal 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 proceed with today's proposal would result in less effective
and inefficient durability regulations beginning with the 1999 model
year, and may create timing problems for manufacturers planning to use
alternate durability processes in the 1999 model year, since the
durability demonstration procedures would revert back to requiring the
AMA mileage accumulation process, a procedure which requires 100,000
miles to be accumulated on a prototype vehicle.
DATES: Comments must be received on or before April 25, 1997. A public
hearing will be held on March 27, 1997. Request to present oral
testimony must be received at least 5 days prior to the hearing.
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 proposed 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. The
public hearing will be held at the Courtyard by Marriott, 3205
Boardwalk, Ann Arbor, MI. The hearing will begin at 10 am and
[[Page 11139]]
continue until all testimony has been presented.
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 and regulatory language 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 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 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 RDP-I durability
protocols. The revisions would be implemented via new compliance
program regulations which are projected to become effective with the
2000 model year. These regulations would replace the RDP-I interim
procedures as well as other activities associated with vehicle
compliance. Because these regulations are still in the development
stage, it is not possible to provide manufacturers with a firm
effective date. Therefore, the Agency believes today's proposal 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
rulemaking actions.
II. Environmental Effects and Economic Impacts
A. Economic Impacts
This proposal 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 proposal 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
The Agency originally published this proposal as a direct final
rule because it viewed it as non-controversial and anticipated no
adverse public comments. Because an adverse comment was received, the
direct final rule amendments have been removed in a separate action
published elsewhere in this issue of the Federal Register.
A. Comments and the Public Docket
EPA welcomes comments on all aspects of this proposed rulemaking.
Commenters are especially encouraged to give suggestions for changing
any aspects of the proposal. All comments, with the exception of
proprietary information should be addressed to the EPA Air Docket
Section, Docket No. A-93-46 (see ADDRESSES).
Commenters who wish to submit proprietary information for
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consideration should clearly separate such information from other
comments by (1) labeling proprietary information ``Confidential
Business Information'' and (2) sending proprietary information directly
to the contact person listed (see FOR FURTHER INFORMATION CONTACT) and
not to the public docket. This will help insure that proprietary
information is not inadvertently placed in the docket. If a commenter
wants EPA to use a submission labeled as confidential business
information as part of the basis for the final rule, then a
nonconfidential version of the document, which summarizes the key data
or information, should be sent to the docket.
Information covered by a claim of confidentiality will be disclosed
by EPA only to the extent allowed and by the procedures set forth in 40
CFR Part 2. If no claim of confidentiality accompanies the submission
when it is received by EPA, the submission may be made available to the
public without notifying the commenters.
B. Public Hearing
Anyone wishing to present testimony about this proposal at the
public hearing (see DATES) should, if possible, notify the contact
person (see FOR FURTHER INFORMATION CONTACT) at least five days prior
to the day of the hearing. The contact person should be given an
estimate of the time required for the presentation of testimony and
notification of any need for audio/visual equipment. Testimony will be
scheduled on a first come, first served basis. A sign-up sheet will be
available at the registration table the morning of the hearing for
scheduling those who have not notified the contact earlier and will be
scheduled on a first come, first served basis following the previously
scheduled testimony.
EPA requests that approximately 50 copies of the statement or
material to be presented be brought to the hearing for distribution to
the audience. In addition, EPA would find it helpful to receive an
advanced copy of any statement or material to be presented at the
hearing in advance of the scheduled hearing date. This is to give EPA
staff adequate time to review such material before the hearing.
Advanced copies should be submitted to the listed contact person.
The official records of the hearing will be kept open for 30 days
following the hearing to allow submission of rebuttal and supplementary
testimony. All such submittals should be directed to the Air Docket
Section, Docket No. A-93-24 (see ADDRESSES). The hearing will be
conducted informally, and technical rules of evidence will not apply. A
written transcript of the hearing will be placed in the above docket
for review. Anyone desiring to purchase a copy of the transcript should
make individual arrangements with the court reporter recording the
proceedings.
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
This regulation does not impose any new information collection
requirements and results in no change to the currently approved
collection. The Office of Management and Budget (OMB) has approved the
information collection requirements contained in this rule under the
provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and
has assigned OMB control number 2060-0104.
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
An Agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations are listed in 40 CFR Part 9 and 48 CFR Chapter 15.
VIII. 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 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
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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 proposed 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 specifically addressed 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: March 4, 1997.
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 proposed to be 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. 97-5877 Filed 3-10-97; 8:45 am]
BILLING CODE 6560-50-P
