[Federal Register Volume 61, Number 2 (Wednesday, January 3, 1996)]
[Rules and Regulations]
[Pages 128-130]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-102]
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[[Page 129]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 88
[AMS-FRL-5347-1]
Conversions Sales Volume Limit Provisions for Small Volume
Manufacturers Certification of the Final Rule Entitled ``Emission
Standards for Clean Vehicles and Engines, Requirements for Clean-Fuel
Vehicle Conversions, and California Pilot Test Program''
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; removal of direct final rule provision.
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SUMMARY: On September 30, 1994 (59 FR 50042), EPA published the final
rule establishing emission standards for clean-fuel vehicles (CFVs) and
engines and requirements for CFV conversions. As a part of this final
rule, EPA published a direct final rulemaking (DFRM) intended to apply
a 10,000 vehicle sales volume limit (EPA's current Small-Volume
Manufacturers Certification Program limit) to vehicle converters
seeking to certify their conversion configurations as CFVs under EPA's
Small-Volume Certification Program. EPA is removing this provision
because adverse or critical comments were received by the Agency prior
to October 31, 1994 (the published deadline for submitting comments).
EFFECTIVE DATE: This action is effective January 3, 1996.
ADDRESSES: Materials directly relevant to the direct final rule are
contained in Public Docket A-92-30 located at: Air and Radiation Docket
and Information Center, Room M-1500, Waterside Mall (ground floor),
U.S. Environmental Protection Agency, 401 M Street SW, Washington, D.C.
20460. The docket may be inspected from 8 a.m. until 4 p.m. Monday
through Friday. As provided in 40 CFR part 2, a reasonable fee may be
charged by EPA for copying docket materials.
FOR FURTHER INFORMATION CONTACT: Mr. Bryan Manning, U.S. EPA (SRPB-12),
Regulation Development and Support Division, 2565 Plymouth Road, Ann
Arbor, MI 48105, Telephone: (313) 741-7832.
SUPPLEMENTARY INFORMATION:
I. Accessing Electronic Copies of Rulemaking Documents through the
Technology Transfer Network Bulletin Board System (TTNBBS)
A copy of this action is available through TTNBBS under OMS,
Rulemaking and Reporting, Alternative Fuels, Clean Fuel Fleets. TTNBBS
is available 24 hours a day, 7 days a week except Monday morning from
8-12 EST, when the system is down for maintenance and backup. For help
in accessing the system, call the systems operator at 919-541-5384 in
Research Triangle Park, North Carolina, during normal business hours
EST.
II. Description of Action
The Clean Air Act requires EPA to establish, by regulation,
emission standards for clean-fuel vehicles (CFVs) pursuant to sections
242 and 243 of the Act. On September 30, 1994, EPA promulgated such
emissions standards for all CFVs, including vehicles converted from
conventional vehicles to CFVs. See 59 FR 50042. That rulemaking
included a regulatory provision that adopted a sales volume limit of
10,000 converted vehicles for converters seeking to certify as small
volume manufacturers. The Small-Volume Manufacturers certification
program exempts manufacturers with annual sales of 10,000 or less from
EPA's full certification program. EPA had intended to implement the
10,000 limit for CFV conversion certification under the small-volume
manufacturers provisions to make the treatment of CFVs consistent with
that of other conventional and alternative-fueled vehicles. A
discussion of EPA's perspective on this regulatory provision was
presented in Section II, Part B of the Clean Fuel Vehicle Conversions
Final Rule. See 59 FR 50063-50064 (September 30, 1994).
EPA did not include this sales volume limit in its proposed clean-
fuel vehicle regulations (See 58 FR 32474, June 10, 1993). EPA
promulgated this provision in the final rule establishing the CFV
standards through a direct final rulemaking process, because the Agency
considered it a noncontroversial action and did not anticipate adverse
comment. However, EPA did receive adverse comment during the comment
period provided for the sales volume limit. Specifically, the Natural
Gas Vehicle Coalition (NGVC) commented that certification is more
burdensome for conversion companies compared to Original Equipment
Manufacturers (OEMs) since the relative costs of the end products of
the two types of business are very different and the opportunity to
recover certification costs by increasing product prices is much more
limited for converters. Since adverse comments were received on this
direct final action, EPA is removing the volume limit for converters
seeking to use the provisions for small-volume manufacturers. In
another document elsewhere in this Federal Register, EPA is proposing
to adopt this volume limit for application of small volume manufacturer
provisions to certification of CFV conversions. Interested parties
should refer to the ``Proposed Rules'' section of this Federal Register
for that proposal.
EPA's removal of 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 comment itself. As stated
in the September 30, 1994, rule, the sales volume limit would be
effective only if no persons submitted adverse comments or requested an
opportunity to comment. Section 88.306-94(b)(3) is being revised for
purposes of removing the direct final rule provisions. In addition to
removing the volume limit in this action, EPA is proposing new
provisions regarding the vehicle volume limit for converters seeking
certification under the small volume manufacturers provisions in a
document elsewhere in this Federal Register.
III. Statutory Authority
The statutory authority for this action is granted to EPA by
Sections 202, 203, 247, and 301 of the Clean Air Act.
List of Subjects in 40 CFR Part 88
Environmental protection, Administrative practice and procedure,
Motor vehicle pollution, Reporting and recordkeeping requirements.
Dated: November 27, 1995.
Carol M. Browner,
Administrator.
For the reasons set forth in the preamble part 88 of title 40 of
the Code of Federal Regulations is amended as follows:
PART 88--CLEAN-FUEL VEHICLES
1. The authority citation for Part 88 continues to read as follows:
Authority: 42 U.S.C. 7410, 7418, 7581, 7582, 7583, 7584, 7586,
7588, 7589, 7601(a).
2. Section 88.306-94 of subpart C is amended by revising paragraph
(b)(3) to read as follows:
Sec. 88.306-94 Requirements for a converted vehicle to qualify as a
clean-fuel fleet vehicle.
* * * * *
(b) * * *
(3) For the purpose of determining whether certification under the
Small-Volume Manufacturers Certification Program pursuant to the
requirements of 40 CFR 86.094-14 is permitted, the 10,000 sales volume
limit in 40 CFR 86.094-14(b)(1) is waived for a certifier
[[Page 130]]
of a clean-fuel vehicle aftermarket conversion.
* * * * *
[FR Doc. 96-102 Filed 1-2-96; 8:45 am]
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