[Federal Register Volume 63, Number 85 (Monday, May 4, 1998)]
[Rules and Regulations]
[Pages 24446-24449]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-10718]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 86
[FRL-5999-7]
Amendments to the Test Procedures for Heavy-Duty Engines, and
Light-Duty Vehicles and Trucks and Amendments to the Emission Standard
Provisions for Gaseous Fueled Vehicles and Engines
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: On September 5, 1997, EPA promulgated a direct final
rulemaking that amended several sections of the heavy-duty engine test
procedure regulations. These changes were needed in order to
accommodate the use of new testing equipment, to provide greater
flexibility in the type of testing equipment used and to ensure uniform
calibration and use of the testing equipment. EPA stated that it would
withdraw any provisions that received adverse or critical comments. EPA
also published a notice of proposed rulemaking at that time proposing
the same amendments. Due to adverse comments that were received
regarding three provisions of the final rule, EPA is removing those
three provisions in this action. The Agency intends to issue in the
near future a final rule addressing these provisions.
EFFECTIVE DATE: June 3, 1998.
ADDRESSES: Materials relevant to this rulemaking are contained in
Docket No. A-96-07, and are available for public inspection and
photocopying between 8 a.m. and 5:30 p.m. Monday through Friday. EPA
may charge a reasonable fee for copying docket materials.
FOR FURTHER INFORMATION CONTACT: Mr. Jaime Pagan, U.S. EPA, Engine
Programs and Compliance Division, 2565 Plymouth Road, Ann Arbor, MI
48105. Telephone (734) 668-4574.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. Administrative Designation and Regulatory Analysis
III. Regulatory Flexibility
IV. Unfunded Mandates
V. Paperwork Reduction Act
VI. Submissions to Congress and the General Accounting Office
VII. Copies of Rulemaking Documents
I. Introduction
On September 5, 1997, EPA published a direct final rule (62 FR
47114) and accompanying notice of proposed rule
[[Page 24447]]
(62 FR 46937) making amendments to the test procedures for heavy-duty
engines and light duty vehicles and trucks. The changes were made in
order to accommodate the use of new testing equipment and clarify
certain issues that had been identified since the test procedures were
first promulgated. Although EPA believed that the action was non-
controversial, adverse comments were received from the Engine
Manufacturers Association (EMA) and from the American Automobile
Manufacturers Association (AAMA). Their respective adverse comments
have been placed in the public docket for viewing.
Both of the comments received by EPA referred to changes made to
Secs. 86.1333-90, 86.119-90. 86-1319-84 and 86.1319-90. In
Sec. 86.1333-90 EPA provided a new requirement for cycle verification
at idle conditions. The new requirement stated that for idle segments
that are seven seconds or longer, the average feedback torque must fall
within 10 ft-lb of CITT. Both EMA and AAMA commented that
current dynamometer systems utilized might not be capable of
controlling torque to this specification and thus the time period might
have to be lengthened or modifications made to dynamometer control
systems.
EPA also revised Secs. 86.119-90, 86.1319-84 and 86.1390-90 to
require manufacturers to verify that the critical flow venturi is
achieving critical flow when using a CFV-CVS sampling system during the
emissions test. Both EMA and AAMA commented that, although they agree
with the technical merits of such requirement, more lead time would be
needed to make the software and hardware changes necessary to comply.
Finally, EPA made a correction to its light-duty diesel fuel cetane
specification in Sec. 86.113-94. In the Gaseous Fuels Rule (59 FR
48472) modifications to the section specifying certification fuel
parameters for light-duty vehicles and trucks resulted in inadvertent
changes to the diesel fuel specifications. In its comments, AAMA
expressed concern that the change will not provide sufficient lead time
for manufacturers to comply and that, in addition, diesel hydrocarbon
emissions are sensitive to cetane levels and thus in-use compliance
issues could be created in the future.
As a result of these adverse comments, EPA is removing the
provisions of the direct final rule that pertain to the comments
received. EPA is thus reinstating the regulatory language in those
provisions as it was prior to the publication of the direct final rule
on September 5, 1997. EPA's decision to remove these regulatory changes
is not based on EPA's agreement or disagreement with the adverse
comments received. The removal is based solely on the receipt of the
comments themselves. As stated in the September 5, 1997 rule, the
provisions would become effective only if no persons submitted adverse
comments or requested an opportunity to comment.
As noted above, EPA published a notice of proposed rulemaking on
September 5, 1997 (62 FR 46937) to accompany the direct final rule
published on that date. As noted in that notice of proposed rulemaking,
if EPA received adverse comments, all public comments received
regarding the direct final rule would be addressed in a subsequent
final rule based on the proposed rule. The Agency would not institute a
second comment period on the proposed rule.
Therefore, EPA intends to issue a final rule in the near future
regarding the portions of the direct final rule that the commenters
addressed, and that are removed today. EPA will take the comments it
has received into account in promulgating this final rule. No further
comment period is contemplated prior to completion of the final rule.
II. Administrative Designation and Regulatory Analysis
Under Executive Order 12866 [58 FR 51735 (October 4, 1993)], the
Agency must determine whether this regulatory action is ``significant
and therefore subject to Office of Management and Budget (OMB) review
and the requirements of the Executive Order. The Order defines
``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, a sector of 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.
Pursuant to the terms of Executive Order 12866, EPA has determined
that this action is not a ``significant'' regulatory action within the
meaning of the Executive Order and is therefore not subject to OMB
review.
III. Regulatory Flexibility
EPA has determined that it is not necessary to prepare a regulatory
flexibility analysis in connection with this final rule. In support of
its proposed rule entitled Control of Emissions of Air Pollution from
Highway Heavy-Duty Engines (61 FR 33421, June 27, 1996), EPA
characterized the heavy-duty engine manufacturing industry in Chapter 3
of its Regulatory Impact Analysis (RIA). Based on that
characterization, EPA has determined that these technical amendments
will not have a significant impact on a substantial number of small
entities.
IV. Unfunded Mandates
Under section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a written statement to accompany any rule where the
estimated costs to State, local, or tribal governments, or to the
private sector will be $100 million or more in any one year. Under
section 205, EPA must select the most cost-effective and least
burdensome alternative that achieves the objective of the rule and that
is consistent with statutory requirements. Section 203 requires EPA to
establish a plan for informing and advising any small governments that
may be significantly and uniquely impacted by the rule. EPA has
determined that the costs to State, local, or tribal governments, or
the private sector, from this rule will be less than $100 million.
V. Paperwork Reduction Act
The technical amendments promulgated by this action do not create
or change the information collection burden under the provisions of the
Paperwork Reduction Act, 44 U.S.C. 3501 et.seq. The Office of
Management and Budget (OMB) has previously approved the information
collection requirements already contained in all the Part 86 sections
amended by this action and has assigned OMB control numbers 2060-0104
and 2060-0064.
VI. Submission to Congress and the General Accounting Office
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report which includes a copy of the rule,
to each House of
[[Page 24448]]
Congress and to the Comptroller General of the United States. EPA will
submit a report containing this rule and other required information to
the U.S. Senate, U.S. House of Representatives, and the Comptroller
General of the United States prior to publication of the rule in the
Federal Register. This rule is not a ``major rule'' defined by 5 U.S.C.
804(2).
VII. Copies of Rulemaking Documents
Electronic copies of the preamble and the regulatory text of this
rule are available via the Internet on the Office of Mobile Sources
(OMS) Home Page (http://www.epa.gov/OMSWWW/). This service is free of
charge, except for any cost you already incur for Internet
connectivity. An electronic version is made available on the day of
publication on the primary Web site (http://www.epa.gov/docs/fedrgstr/
EPA-AIR/).
Please note that due to differences between the software used to
develop the documents and the software into which the documents may be
downloaded, changes in format, page length, etc., may occur.
List of Subjects in 40 CFR Part 86
Environmental protection, Administrative practice and procedure,
Air pollution control, Confidential business information, Gasoline,
Incorporation by reference, Labeling, Motor vehicle pollution, Motor
vehicles, Reporting and recordkeeping requirements.
Dated: April 14, 1998.
Carol M. Browner,
Administrator.
For the reasons set forth in the preamble, part 86 of chapter I of
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: 42 U.S.C. 7401-7671q.
2. Section 86.113-94 of subpart B is amended by revising the table
after paragraph (b)(2) to read as follows:
Sec. 86.113-94 Fuel specifications.
* * * * *
(b) * * *
(2) * * *
----------------------------------------------------------------------------------------------------------------
Item ASTM test method No. Type 2-D
----------------------------------------------------------------------------------------------------------------
Cetane Number........................... ......................... D613 42-50
Distillation range: ......................... ......................... ................
IBP................................. deg.F D86 340-400
( deg.C) ......................... (171.1-204.4)
10 pct. point....................... deg.F D86 400-460
( deg.C) ......................... (204.4-237.8)
50 pct. point....................... deg.F D86 470-540
( deg.C) ......................... (243.3-282.2)
90 pct. point....................... deg.F D86 560-630
( deg.C) ......................... (293.3-332.2)
EP.................................. deg.F D86 610-690
( deg.C) ......................... (321.1-365.6)
Gravity................................. deg.API D287 32-37
Total sulfur............................ pct. D2622 0.03-0.05
Hydrocarbon composition:
Aromatics, min...................... pct. D1319 27
Paraffins,.......................... ......................... D1319 (\1\)
Naphthenes,......................... ......................... ......................... ................
Olefins............................. ......................... ......................... ................
Flashpoint, min......................... deg.F D93 130
( deg.C) ......................... (54.4)
Viscosity, centistokes.................. ......................... D445 2.0-3.2
----------------------------------------------------------------------------------------------------------------
\1\ Remainder.
* * * * *
3. Section 86.119-90 of Subpart B is amended by revising paragraph
(b)(3) and removing paragraph (b)(8) to read as follows:
Sec. 86.119-90 CVS calibration.
* * * * *
(b) * * *
(3) Measurements necessary for flow calibration are as follows:
Calibration Data Measurements
----------------------------------------------------------------------------------------------------------------
Parameter Symbol Units Tolerances
----------------------------------------------------------------------------------------------------------------
Barometric pressure (corrected)... Pb Inches Hg (kPa).... .01 in Hg (.034 kPa).
Air temperature, flowmeter........ ETI deg.F ( deg.C).... .25 deg.F (.14 deg.C).
Pressure depression upstream of EPI Inches H2O (kPa)... .05 in H2O (.012 kPa).
Pressure drop across LFE matrix... EDP Inches H2O (kPa)... .005 in H2O (.001 kPa).
Air flow.......................... Qs Ft \3\/min. (m \3\/ .5 pct.
min,).
[[Page 24449]]
CFV inlet depression.............. PPI Inches fluid (kPa). .13 in fluid (.055 kPa).
Temperature at venturi inlet...... Tv deg.F ( deg.C).... 0.5 deg.F (.28 deg.C).
Specific gravity of manometer Sp. Gr
fluid (1.75 oil).
----------------------------------------------------------------------------------------------------------------
* * * * *
4. Section 86.1319-84 of Subpart N is amended by revising paragraph
(d)(3) and removing paragraph (d)(8) to read as follows:
Sec. 86.1319-84 CVS calibration.
* * * * *
(d) * * *
(3) Measurements necessary for flow calibration are as follows:
Calibration Data Measurements
----------------------------------------------------------------------------------------------------------------
Parameter Symbol Units Tolerances
----------------------------------------------------------------------------------------------------------------
Barometric pressure (corrected)... Pb Inches Hg (kPa).... .01 in Hg (.034 kPa).
Air temperature, flowmeter........ ETI deg.F ( deg.C).... .25 deg.F (.14 deg.C).
Pressure depression upstream of EPI Inches H2O (kPa)... .05 in H2O (.012 kPa).
Pressure drop across LFE matrix... EDP Inches H2O (kPa)... .005 in H2O (.001 kPa).
Air flow.......................... Qs Ft\3\/min. (m\3\/ .5 pct.
min,).
CFV inlet depression.............. PPI Inches fluid (kPa). .13 in fluid (.055 kPa).
Temperature at venturi inlet...... Tv deg.F ( deg.C).... 0.5 deg.F (0.28 deg.C).
Specific gravity of manometer Sp. Gr
fluid (1.75 oil).
----------------------------------------------------------------------------------------------------------------
* * * * *
5. Section 86.1319-90 of Subpart N is amended by revising paragraph
(d)(3) and removing paragraph (d)(8) to read as follows:
Sec. 86.1319-90 CVS calibration.
* * * * *
(d) * * *
(3) Measurements necessary for flow calibration are as follows:
Calibration Data Measurements
----------------------------------------------------------------------------------------------------------------
Parameter Symbol Units Sensor-readout tolerances
----------------------------------------------------------------------------------------------------------------
Barometric pressure (corrected)... Pb in Hg (kPa)........ .01 in Hg (.034 kPa).
Air temperature, into flowmeter... ETI deg.F ( deg.C).... 0.5 deg.F (0.28 deg.C).
Pressure drop between the inlet EDP Inches H2O (kPa)... 0.05 in H2O (0.012 kPa).
Air flow.......................... Qs Ft\3\/min. (m\3\/ .5% of NBS ``true''
min,). value.
CFV inlet depression.............. PPI Inches fluid (kPa). .13 in fluid (.055 kPa).
Temperature at venturi inlet...... Tv deg.F ( deg.C).... 4.0 deg.F (2.22 deg.C).
Specific gravity of manometer Sp. Gr
fluid (1.75 oil).
----------------------------------------------------------------------------------------------------------------
* * * * *
6. Section 86.1333-90 of Subpart N is amended by revising
paragraphs (d) heading and introductory text, (d)(1) and (d)(2) to read
as follows:
Sec. 86.1333-90 Transient test cycle generation.
* * * * *
(d) Cold start enhancement devices. The zero percent speed
specified in the engine dynamometer schedules (appendix I (f)(1),
(f)(2) or (f)(3) to this part) shall be superseded by proper operation
of the engine's automatic cold start enhancement device.
(1) During automatic cold start enhancement device operation, a
manual transmission engine shall be allowed to idle at whatever speed
is required to produce a feedback torque of 0 ft-lbs. 10
ft-lbs. (using, for example, clutch disengagement, speed to torque
control switching, software overrides, etc.) at those points in
appendix I (f)(1), (f)(2), or (f)(3) to this part where both reference
speed and reference torque are zero percent values.
(2) During automatic cold start enhancement device operation, an
automatic transmission engine shall be allowed to idle at whatever
speed is required to produce a feedback torque of CITT ft-lbs.
10 ft-lbs. (see paragraph (e)(2) of this section for
definition of CITT) at those points in appendix I (f)(1), (f)(2), or
(f)(3) to this part where both reference speed and reference torque are
zero percent values.
* * * * *
[FR Doc. 98-10718 Filed 5-1-98; 8:45 am]
BILLING CODE 6560-50-P
