[Federal Register Volume 59, Number 126 (Friday, July 1, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15981]


[[Page Unknown]]

[Federal Register: July 1, 1994]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 9, 85, 86, and 600

[FRL-5005-9]

 

Short Test Emission Regulations for 1996 and Later Model Year 
Light-Duty Vehicles and Light-Duty Trucks and Revised Performance 
Warranty Regulations, and Revisions to Corporate Average Fuel Economy 
(CAFE) Calculations Pursuant to the North American Free Trade Agreement 
Implementation Act of 1993; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Correction to final regulations.

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SUMMARY: This document contains corrections to two final regulations 
which were published Monday, November 1, 1993, and on January 6, 1994. 
While these regulations are unrelated, this action makes necessary 
corrections to both in the same document for the sake of expediency. 
The November 1, 1993, regulations added new ``short test'' requirements 
to previously existing regulations for certification, Selective 
Enforcement Audit, and recall of new gasoline-fueled light-duty 
vehicles and light-duty trucks and replaced all six of the previously-
existing steady-state performance warranty tests. The January 6, 1994, 
regulations pertained to changes to the Corporate Average Fuel Economy 
calculations required by the North American Free Trade Agreement 
Implementation Act of 1993. Various errors occurred in those two final 
rules, relating to headings, paragraph references, omissions, and other 
inaccuracies; this action will correct those errors.

EFFECTIVE DATE: July 1, 1994.

FOR FURTHER INFORMATION CONTACT: Mary E. Walsh, Certification Division, 
U.S. Environmental Protection Agency, National Vehicle and Fuel 
Emissions Laboratory, 2565 Plymouth Road, Ann Arbor, MI 48105. 
Telephone (313) 668-4205.

SUPPLEMENTARY INFORMATION:

Background

    In its November 1, 1993, rulemaking (58 FR 58382), the Agency 
promulgated regulations setting forth new ``short test'' standards and 
procedures, known as the Certification Short Test, to be added to 
previously existing regulations for certification, Selective 
Enforcement Audit, and recall of new gasoline-fueled light-duty 
vehicles and light-duty trucks, effective beginning with the 1996 model 
year. In addition, that rule replaced all six of the previously-
existing steady-state test procedures used in inspection and 
maintenance programs for performance warranty purposes. The rule also 
contained certain minor technical amendments concerning changes to 
quality control checks and information collected in conjunction with 
testing that reflect changes that have occurred in laboratory test 
program needs.
    In its January 6, 1994, rulemaking (59 FR 677), the Agency 
promulgated changes to its fuel economy calculation regulations to 
conform to changes in the Motor Vehicle Information & Cost Savings Act, 
15 U.S.C. 2003(b)(2), made by section 371 of the North American Free 
Trade Agreement Implementation Act of 1993, Public Law 103-182 
(December 8, 1993).
    Both of these rules contained inadvertent errors in its regulatory 
text, requiring that this action be initiated to rectify them.
    The Agency finds there is good cause to make this correction 
effective immediately, because it merely corrects minor technical 
errors in the originally promulgated rule, and does not impose any 
independent requirements.

Need for Correction

    As published, the final regulations contained errors which may 
prove to be misleading and are in need of clarification. Corrections 
made in this action address those errors as follows:
    Corrections made to tables in Secs. 9.1 and 85.2225 clarify the 
proper placement of elements in tables.
    The headings for part 85 and for Secs. 86.708-94 and 86.708-94 were 
incorrectly given in the November 1, 1993 rule; no changes to those 
headings were intended. This action restores the original headings.
    In Sec. 85.2233, the figure 5,000 is revised to 4,000 to match 
changes made in correcting amendments dated November 9, 1993 (58 FR 
59366) to the November 5, 1992 final rule (57 FR 52950) upon which the 
text in Sec. 85.2233(d) is based.
    In Sec. 86.096-21, paragraphs (j) and (k) identified six 
Certification Short Test procedures as being described in Sec. 86.1439; 
at present, there are only five such procedures. The word ``six'' is 
therefore deleted in both paragraphs.
    In Sec. 86.116-90, a ``0'' was mistakenly inserted in place of a 
``4'' in the section title. Since 1994 is the initial year of 
applicability intended, the suffix is corrected.
    In Sec. 86.1406, the reference to the location of fuel 
specifications inadvertently omitted Sec. 86.216; in this action, that 
section is added to the references.
    Certain corrections made in Secs. 86.1430 and 86.1439 rectify 
erroneous paragraph references.
    In Sec. 86.1430, text referring to the first chance portion of a 
Certification Short Test is deleted because there is no first chance 
portion to any Certification Short Test.
    Section 86.1430 indicates that more information on loaded 
preconditioning, to be run between the speeds of 30 and 50 mph, can be 
found in Secs. 86.1437(c) and 86.1438(c). While Sec. 86.1438(c) does 
address loaded preconditioning, Sec. 86.1437(c) does not. Moreover, 
Sec. 86.1438 prescribes a minimum speed of 30 mph but neglected to give 
the previously-mentioned maximum speed of 50 mph. To clarify the 
existing requirements, these inconsistencies are corrected.
    In Sec. 86.1439, paragraph (d) describes the CST--Loaded Test, 
which includes a loaded driving mode on the dynamometer. A manufacturer 
brought it to EPA's attention that the point at which the gear is 
shifted into ``drive'' for initiating the loaded mode and then back 
into ``neutral'' afterwards was omitted; appropriate text is added to 
clarify the procedure. Also in this section, paragraph (f)(1)(ii)(A) 
was mistakenly published with text transposed from another paragraph in 
that section; the correction restores the intended test procedure 
indicated in the NPRM published on January 8, 1993 (58 FR 3380).
    In Secs. 600.502-81 and 600.511-80, inadvertent errors that 
occurred in the regulatory text that incorrectly reference other 
paragraphs of regulatory text are corrected.

Correction of Publication

    Accordingly, the publication on November 1, 1993, and the 
publication on January 6, 1994, of the final regulations which were the 
subject of 58 FR 58382 and 59 FR 677, respectively, are corrected as 
follows:


Sec. 9.1  (Corrected)

    1. On page 58400, in the first column, in Sec. 9.1, the notation 
``* * * * *'' is added immediately under the heading ``Control of Air 
Pollution from New and In-Use Motor Vehicles and New and In-Use Motor 
Vehicle Engines: Certification and Test Procedures''.

Part 85 (Corrected)

    2. On page 58400, in the second column, the heading ``Control of 
Air Pollution From Motor Vehicles and New and In-Use Motor Vehicle 
Engines'' is corrected to read ``Control of Air Pollution From Motor 
Vehicles and Motor Vehicle Engines''.


Sec. 85.2225  (Corrected)

    3. On page 58413, in Sec. 85.2225, paragraph (c)(1), in the table 
at the bottom of the page, in the first column, in line one, the words 
``HC, ppm'' is corrected to read ``HC, as hexane'', and on the second 
line, the words ``as hexane'' are deleted.


Sec. 85.2233  (Corrected)

    4. On page 58415, in the second column, in Sec. 85.2233, paragraph 
(d), in lines four and six, the figure ``5,000'' is corrected twice to 
read ``4,000''.


Sec. 86.096-21  (Corrected)

    5. On page 58417, in the third column, in Sec. 86.096-21, paragraph 
(j), in line four, and in paragraph (k), in line four, the word ``six'' 
is removed.


Sec. 86.116-90  (Corrected)

    6. On page 58422, in the first column, in instruction 41 and in the 
section heading, ``Sec. 86.116-90'' is corrected to read ``Sec. 86.116-
94''.


Sec. 86.708-94  (Corrected)

    7. On page 58424, in the second column, in Sec. 86.708-94, in the 
second line of the heading, the words ``light duty'' are corrected to 
read ``light-duty''.


Sec. 86.708-98  (Corrected)

    8. On page 58424, in the third column, in Sec. 86.708-98, in the 
second line of the heading, the words ``light duty'' are corrected to 
read ``light-duty''.


Sec. 86.1406  (Corrected)

    9. On page 58427, in the second column, in Sec. 86.1406, paragraph 
(b), in line three, the words `` Secs. 86.113 and 86.1413'' are 
corrected to read ``Sec. 86.113, 86.213, and 86.1413''.


Sec. 86.1430  (Corrected)

    10. On page 58432, in the third column, in Sec. 86.1430, paragraph 
(a)(7)(ii), in lines two and three, the words ``the first chance test 
of'' are removed.
    11. On page 58435, in the first column, in Sec. 86.1430, paragraph 
(c)(3)(ii), in line five, the words ``in Sec. 86.1438'' are corrected 
to read ``in Secs. 86.1438 and 86.1439''.


Sec. 86.1437  (Corrected)

    12. On page 58436, in the first column, in Sec. 86.1437, paragraph 
(c), in line four, the words ``or, optionally, the vehicle will undergo 
loaded operation for a minimum of 30 seconds between the speeds of 30 
and 50 mph (48 to 80 kph)'' are added to the end of the first sentence, 
and in lines seven and ten, the words ``or speed'' are added before the 
word ``range''.


Sec. 86.1438  (Corrected)

    13. On page 58437, in the second column, in Sec. 86.1438, paragraph 
(c), in lines seven and eight, the words ``at a minimum speed of 30 mph 
(48 kph)'' are replaced by the words ``between the speeds of 30 and 50 
mph (48 to 80 kph)''.


Sec. 86.1439  (Corrected)

    14. On page 58439, in the first column, in Sec. 86.1439, paragraph 
(d), in line six, the phrase ``, and the gear selector is in `drive' 
for automatic transmissions, or in second gear (or third gear if more 
appropriate) for manual transmissions'' is added after the words ``are 
met''.
    15. On page 58439, in the first column, in Sec. 86.1439, paragraph 
(d)(1)(i), in line twelve, the words ``(d)(1)(iii) (A) through (C)'' 
are corrected to read ``(d)(1)(ii) (A) and (B)''.
    16. On page 58439, in the first column, in Sec. 86.1439, paragraph 
(d)(1)(ii)(B), in line two, the words ``the mode is terminated'' are 
corrected to read ``the test is terminated''.
    17. On page 58439, in the first column, in Sec. 86.1439, paragraph 
(d)(2)(i), in line three, the phrase ``and the gear selector is in 
`park' or `neutral''' is added after the words `has reached zero', and 
in line six, the reference ``(d)(2)(iii)'' is corrected to read 
``(d)(2)(ii)''.
    18. On page 58439, in the third column, in Sec. 86.1439, paragraph 
(f)(1)(ii)(A) is corrected to read as follows:


Sec. 86.1439  Certification short test emission test procedures--EPA.

* * * * *
    (f) * * *
    (i) * * *
    (ii) * * *
    (A) The vehicle passes the high-speed mode and the mode is 
terminated at an elapsed time of 90 seconds (mt=90) if any measured 
values are less than or equal to the applicable short test standards as 
described in Sec. 86.1438(d).
* * * * *


Sec. 600.502-81  (Corrected)

    19. In the Federal Register published on January 6, 1994, on page 
678, in the third column, in Sec. 600.502-81, paragraph (a)(1)(iii), in 
lines two and three, the reference ``paragraph (b)(3) of this section'' 
is corrected to read ``Sec. 600.511-80(b)(3)''.


Sec. 600.511-80  (Corrected)

    20. In the Federal Register published on January 6, 1994, on page 
679, in the first column, in Sec. 600.511-80, paragraph (a)(1), in line 
ten, the reference ``Sec. 600.511-80(b)(3)'' is corrected to read 
``paragraph (b)(3) of this section''.

    Dated: June 24, 1994.
Carol M. Browner,
Administrator.
[FR Doc. 94-15981 Filed 6-30-94; 8:45 am]
BILLING CODE 6560-50-M