[Federal Register Volume 61, Number 31 (Wednesday, February 14, 1996)]
[Rules and Regulations]
[Pages 5840-5843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2915]




[[Page 5839]]

_______________________________________________________________________

Part II





Environmental Protection Agency





_______________________________________________________________________



40 CFR Part 85



Air Pollution Control: Amendments to Regulations Governing the 
Importation of Nonconforming Vehicles; Final Rule

  Federal Register / Vol. 61, No. 31 / Wednesday, February 14, 1996 / 
Rules and Regulations   

[[Page 5840]]


ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 85

[FRL-5419-8]
RIN 2060-AC58


Air Pollution Control: Amendments to Regulations Governing the 
Importation of Nonconforming Vehicles

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: With this action, EPA is amending 40 CFR part 85, subpart P to 
modify the emissions standards applicable to imported nonconforming 
light duty vehicles and light duty trucks. Such vehicles will now have 
to meet emission standards that were in effect in the year the vehicle 
was originally produced, using currently applicable testing methods. 
The Notice of Proposed Rulemaking (NPRM) for this rule proposed a 
number of other changes to the imported nonconforming vehicle program. 
EPA will address these additional issues in a subsequent final 
rulemaking.

EFFECTIVE DATE: This final rule is effective on February 1, 1996.

ADDRESSES: Materials relevant to this rule are contained in the EPA Air 
Docket LE-131, Attention: Docket No. A-89-20, located at the Air Docket 
Section, U.S. Environmental Protection Agency, Room M-1500, 401 M 
Street, S.W. Washington, DC 20460. Telephone (202) 260-7548. The docket 
may be reviewed on weekdays between the hours of 8:00 a.m. to 5:30 p.m. 
As provided in 40 CFR part 2, a reasonable fee may be charged for 
copying services.

FOR FURTHER INFORMATION CONTACT: Mr. Leonard D. Lazarus, Vehicle 
Programs and Compliance Division (6405J), U.S. Environmental Protection 
Agency, 401 M Street, S.W., Washington, DC 20460. Telephone (202) 233-
9240.

SUPPLEMENTARY INFORMATION:

I. Introduction and Background

    The imports program of the U.S. Environmental Protection Agency 
ensures that imported motor vehicles and motor vehicle engines comply 
with U.S. emission requirements to protect air quality and public 
health. In a Federal Register Notice of Proposed Rulemaking (NPRM) 
published on March 24, 1994 (57 FR 13912), EPA proposed a number of 
amendments to the imports program regulations. These proposed changes 
were intended to respond to new information about imports of 
nonconforming vehicles and changes in the Part 86 motor vehicle 
certification standards, which necessitate compensating adjustments in 
the imports program. EPA proposed additional amendments to clarify the 
imports program requirements and to ensure that the regulations clearly 
reflect current program implementation policies.
    EPA intends to address the bulk of the proposed amendments to the 
imports regulations in a subsequent rulemaking, as the Agency is not 
ready at this time to take the final action on these aspects of the 
NPRM. However, EPA is finalizing one portion of the proposal today 
because the standards for imports of nonconforming light duty vehicles 
and light duty trucks need to be modified without delay, in order to 
avoid detrimental effects on independent commercial importers' (ICI) 
ability to continue to import such vehicles. The Administrator has 
determined that this is a Sec. 307(d)(1) rulemaking.
    Sections 203(a)(1) and 203(b)(2) of the Clean Air Act (CAA or the 
Act) provide the statutory authority for regulations relating to the 
importation of new motor vehicles and motor vehicle engines that are 
not covered by a certificate of conformity. Section 203(a)(1) prohibits 
any person from importing vehicles not covered by a certificate of 
conformity, except as provided by regulation of the Administrator. The 
exception for regulations of the Administrator in section 203(a)(1) 
refers to the grant of authority in section 203(b)(2). Section 
203(b)(2) states that a vehicle not covered by a certificate of 
conformity and offered for importation shall be refused admission into 
the United States unless the Administrator, by regulation, provides for 
deferring final determination regarding admission and authorizing 
delivery of the vehicle upon such terms and conditions as may appear 
appropriate to insure that any imported vehicle will be brought into 
conformity with applicable standards, requirements and limitations. 
Additional detail regarding the authority for this regulatory action is 
provided in the NPRM. See 57 FR 13912 (March 24, 1994).

A. Emission Standards

    As proposed, EPA is eliminating the requirement that nonconforming 
light-duty vehicles and light-duty trucks imported pursuant to 40 CFR 
85.1505 or 85.1509 meet the part 86 emission standards in effect at the 
time of modification. These vehicles, with a few exceptions, will 
instead be required to meet emission standards (with applicable 
deterioration factors applied) that were in effect at the time of 
original vehicle production, using currently applicable testing 
procedures.
    The specific standards applicable to these vehicles are contained 
in a new Sec. 85.1515. Vehicles originally produced prior to the 1975 
model year shall meet the 1975 model year exhaust emission standards. 
Vehicles produced in model year 1975 or subsequent model years shall 
meet the exhaust emission standards in effect during the corresponding 
production year. Gasoline-fueled vehicles produced prior to the 1978 
model year must also meet the 1978 model year evaporative emission 
standard. Finally, every vehicle originally produced in the 1978 model 
year or subsequent model years shall meet all applicable emission 
standards that were in effect for that model year as specified in part 
86. For vehicles with original production years up through 1993, the 
full set of applicable emissions standards is laid out in the tables in 
Sec. 85.1515. For vehicles with original production years of 1994 and 
later, all emissions standards specified in Part 86 effective in that 
production year will apply, including standards for any requirements 
not listed in the section 85.1515 tables, such as standards for cold CO 
and the certification short test. The vehicles must meet all applicable 
current model year fuel economy requirements. Vehicles greater than 20 
original production (OP) years old will continue to be exempted from 
the emission requirements and do not have to be tested.
    As discussed in the proposal (Supplementary Document pp. 27-28, 
Docket No. A-89-20), when EPA promulgated the prior requirement to meet 
standards applicable at the time of modification, the Agency had no 
data or evidence suggesting that older vehicles could not be modified 
to meet current year emission standards. Since that rulemaking, EPA has 
obtained evidence indicating that many older vehicles cannot be 
modified to meet current year emission standards without extraordinary 
cost, which makes the conversion financially unfeasible for many owners 
of such vehicles. Today's rule would give owners of older vehicles a 
way to import their vehicles. In addition, it would have been 
significantly more difficult and costly for importers to modify 
vehicles to comply with the current model year standards beginning in 
January, 1996, when the standards applicable to small volume 
manufacturers became substantially more stringent. EPA agrees with the 
statements submitted by ICIs 

[[Page 5841]]
after the close of the comment period that the expense of such 
modifications would have a serious deleterious effect on their 
businesses and would not justify the costs.\1\

    \1\ See comments in docket, category III. D. Number IV-D-4 
through IV-D-9.
---------------------------------------------------------------------------

    Certain commenters appear to request that EPA change the testing 
requirements as well as the standards to apply the testing procedures 
and requirements in effect in the year of original production.\2\ 
However, these commenters provided no analysis of the effects of 
retaining the current testing requirements or justification for the 
change. EPA disagrees with the suggestion because applying the test 
procedures applicable in the year of original production would impose 
an obligation for EPA to maintain a separate certification facility in 
order to validate ICI testing using obsolete hardware and outdated 
procedures. Moreover, EPA does not believe that the existing 
requirement to use currently applicable testing requirements and 
procedures imposes costs on the ICIs that they are unable to meet or 
that outweigh the benefits in terms of practical ability to conduct the 
tests and improved accuracy of test results.

    \2\ See letter from Les Weaver, December 4, 1995.
---------------------------------------------------------------------------

    EPA has determined that the new emission standards in this rule 
will not have a substantial adverse impact on air quality. This 
determination is made, in large part, due to the relatively small 
number of vehicles subject to these requirements, which is not expected 
to increase significantly, if at all. For example, the numbers of 
vehicles imported pursuant to 40 CFR 85.1505 and 85.1509 have ranged 
from approximately 400 vehicles in 1989 to less than 200 vehicles in 
1991. More importantly, only a small percentage of these vehicles would 
be affected by this change in the standards. Most of these vehicles 
were less than three years old at the time of importation, and the 
standards for most original production years would not have changed as 
of three years later.

B. Definition of FCT

    EPA is also finalizing the proposed definition of Federal 
Compliance Testing (FCT), which is defined as the testing sequence that 
incorporates all of the testing requirements of part 86 applicable at 
the time of an emissions test conducted pursuant to subpart P. EPA has 
added this definition solely to make the imports regulations easier to 
read and understand. The reference to the FCT in section 85.1515 does 
not change any of the substantive requirements on importers. Prior to 
this final rule, ICIs had to meet Part 86 motor vehicle emissions 
standards and testing requirements applicable at the time of import. 
While this rule amends the emissions standards applicable to importers, 
it has no effect on the testing requirements. Thus, importers will 
still have to conduct any testing according to the currently applicable 
testing requirements. The imports regulations will refer to these 
applicable testing requirements under the concise term FCT. This rule 
incorporates the term ``FCT'' only in section 85.1515. The subsequent 
rulemaking will update and clarify the remaining references to testing 
in the imports regulations by substituting the term FCT where 
applicable.

C. Additional Information on the Effective Date

    This rule will be effective upon signature, and EPA will make the 
rule available to interested parties at that time. Although EPA 
generally makes rules effective 30 days after the date of publication, 
it is not bound to do so. See section 307(d)(1) of the Clean Air Act, 
42 U.S.C. 7607(d), and the Administrative Procedure Act, 5 U.S.C. 
553(d).
    EPA believes that there is good cause not to delay the effective 
date until 30 days after publication. This rule relieves regulatory 
burden, and hence affected parties will have no need of prior notice to 
allow them time to comply. In addition, as explained above, importers 
need this rule to become effective without delay, to avoid a 
substantial increase in the difficulty of meeting standards for 
imported nonconforming vehicles after that date. Any delay in the 
effectiveness of the rule could impose significant costs on these small 
businesses.

II. Public Participation and Discussion of Comments

    No public hearing was requested on the proposed changes, and no 
hearing was held. During the comment period EPA received no comments 
relating to the narrow issues addressed in this final rule. After the 
close of the comment period, EPA received a number of comments 
supportive of this rulemaking as discussed above. EPA will address all 
of the other comments on the NPRM in the subsequent final rule.

III. Administrative Requirements

A. Paperwork Reduction Act

    The information collection requirements in this rule have been 
approved by the Office of Management and Budget (OMB) under the 
Paperwork Reduction Act, 44 U.S.C. 3501 et seq, and have been assigned 
control number 2060-0095 (ICR No. 10.07). This rule does not add any 
additional information collection requirements to those approved by 
OMB.

B. Economic Impact

    Little or no effect on the national economy will result from this 
rulemaking as the only effect of the amendments is to relieve the 
compliance burden on automobile importers. Additionally, imported 
nonconforming vehicles subject to these regulations represent only a 
very small number of the total number of vehicles sold in the United 
States.

C. Administrative Designation and Regulatory Analysis

    Under Executive Order 12866, [58 F.R. 51,735 (October 4, 1993)] 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 ``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.
    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.

D. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 requires federal agencies to 
identify potentially adverse impacts of federal regulations upon small 
entities. In instances where significant impacts are possible on a 
substantial number of these entities, agencies are required to perform 
a Regulatory Flexibility Analysis.
    There will not be a significant impact on a substantial number of 
small business entities because the proposed 

[[Page 5842]]
rule benefits the small businesses that import nonconforming vehicles 
into the United States, by reducing the stringency of the applicable 
standards for importing these vehicles and thereby reducing importers' 
costs.
    Therefore, as required under section 605 of the Regulatory 
Flexibility Act, 5 U.S.C. 601 et seq., the Administrator certifies that 
this regulation does not have a significant impact on a substantial 
number of small entities.

E. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Pub. 
L. 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, EPA 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' that 
may result in expenditures to State, local, and tribal governments, in 
the aggregate, or to the private sector, of $100 million or more in any 
one year. Before promulgating an EPA rule for which a written statement 
is needed, section 205 of the UMRA generally requires EPA to identify 
and consider a reasonable number of regulatory alternatives and adopt 
the least costly, most cost-effective or least burdensome alternative 
that achieves the objectives of the rule. The provisions of section 205 
do not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows EPA to adopt an alternative other than the least 
costly, most cost-effective or least burdensome alternative if the 
Administrator publishes with the final rule an explanation why that 
alternative was not adopted.
    Before EPA establishes any regulatory requirements that may 
significantly or uniquely affect small governments, including tribal 
governments, it must have developed under section 203 of the UMRA a 
small government agency plan. The plan must provide for notifying 
potentially affected small governments, enabling officials of affected 
small governments to have meaningful and timely input in the 
development of EPA regulatory proposals with significant Federal 
intergovernmental mandates, and informing, educating, and advising 
small governments on compliance with the regulatory requirements.
    EPA has determined that this rule does not contain a Federal 
mandate that may result in expenditures of $100 million or more for 
State, local, and tribal governments, in the aggregate, or the private 
sector in any one year. This rule reduces the stringency of applicable 
standards for importation of nonconforming vehicles and thereby reduces 
costs to automobile importers. This rule will have no effect on State, 
local and tribal governments. Thus, today's rule is not subject to the 
requirements of sections 202 and 205 of the UMRA.
    EPA has determined that this rule contains no regulatory 
requirements that might significantly or uniquely affect small 
governments, because small governments are not ordinarily involved in 
importations covered by this rule.

IV. Statutory Authority

    Sec. 203, Clean Air Act, as amended (42 U.S.C. 7522).

V. Judicial Review

    Under section 307(b) of the Clean Air Act, EPA hereby finds that 
these regulations are of national applicability. Accordingly, judicial 
review of this action is available only by filing a petition for review 
in the United States Court of Appeals for the District of Columbia 
Circuit within 60 days of publication. Under section 307(b)(2) of the 
Act, the requirements that are the subject of today's notice may not be 
challenged later in judicial proceedings brought by EPA to enforce 
these requirements.

List of Subjects in 40 CFR Part 85

    Environmental protection, Motor vehicle pollution, Reporting and 
recordkeeping requirements, Research.

    Dated: February 1, 1996.
Carol M. Browner,
Administrator.
    For the reasons set out in the preamble part 85, subpart P, of 
title 40 of the Code of Federal Regulations is revised to read as 
follows:

PART 85--[AMENDED]

Subpart P--[Amended]

    1. The authority citation for subpart P is revised to read as 
follows:

    Authority: (42 U.S.C. 7522, 7525, 7541, 7542(a) and 7601(a).

    2. Section 85.1502 is amended by designating the introductory text 
as paragraph (a), by redesignating paragraphs (a)(5) through (15) as 
(a)(6) through (16) and adding a new paragraph (a)(5) to read as set 
forth below. Paragraph (b) is reserved.


Sec. 85.1502  Definitions.

    (a) * * *
    (5) The Federal Compliance Testing sequence (FCT). The testing 
sequence that incorporates all of the testing requirements of part 86 
applicable at the time of an emissions test conducted pursuant to this 
subpart.
* * * * *
    3. Section 85.1515 is revised to read as follows:


Sec. 85.1515  Emission standards and test procedures applicable to 
imported nonconforming motor vehicles and motor vehicle engines.

    (a) Notwithstanding any other requirements of this subpart, any 
motor vehicle or motor vehicle engine conditionally imported pursuant 
to Sec. 85.1505 or Sec. 85.1509 and required to be emission tested 
shall be tested using the FCT at 40 CFR part 86 applicable to current 
model year motor vehicles and motor vehicle engines at the time of 
testing.
    (b) The emission standards applicable to nonconforming light-duty 
vehicles and light-duty trucks imported pursuant to this subpart are 
outlined in Tables 1 and 2 of this section, respectively. The useful 
life as specified in Tables 1 and 2 of this section is applicable to 
imported light-duty vehicles and light-duty trucks, respectively.
    (c) Nonconforming motor vehicles or motor vehicle engines of 1994 
OP model year and later conditionally imported pursuant to Sec. 85.1505 
or Sec. 85.1509 shall meet all of the emission standards specified in 
part 86 for the model year in which the motor vehicle or motor vehicle 
engine is modified. The useful life specified in part 86 for the model 
year in which the motor vehicle or motor vehicle engine is modified is 
applicable where useful life is not designated in this subpart.
    (d) ICIs may not participate in emission-related programs for 
emissions averaging, banking and trading, or noncompliance penalties.

                                              Table 1 to Sec.  85.1515.--Emission Standards Applicable to Imported Light-Duty Motor Vehicles 1 2 3                                              
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                       Evaporative (years/                      
             OP Year                    Hydrocarbon          Carbon  monoxide     Oxides of  nitrogen        Particulate        Diesel  hydrocarbon          miles)              Useful life    
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
1968-76..........................  1.5 gpm                15 gpm                 3.1 gpm                .....................  6.0 g/test             5/50,000              ....................

[[Page 5843]]
                                                                                                                                                                                                
1977-79..........................  1.5 gpm                15 gpm                 2.0 gpm                .....................  6.0 g/test             5/50,000              ....................
1980.............................  0.41 gpm               7.0 gpm                2.0 gpm                .....................  6.0 g/test             5/50,000              ....................
1981.............................  0.41 gpm               3.4 gpm                1.0 gpm                .....................  2.0 g/test             5/50,000              ....................
1982-86..........................  0.41 gpm               3.4 gpm                1.0 gpm                0.60 gpm               2.0 g/test             5/50,000              ....................
1987-93..........................  0.41 gpm               3.4 gpm                1.0 gpm                0.20 gpm               2.0 g/test             5/50,000              ....................
1994 and later...................  (\4\)                  (\4\)                  (\4\)                  (\4\)                  (\4\)                  (\4\)                 ....................
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
1 Diesel particulate standards apply only to diesel fueled light-duty vehicles. Evaporative hydrocarbon standards apply only to non-diesel fueled light-duty vehicles. For alternative fueled   
  light-duty vehicles, the evaporative hydrocarbon standard is interpreted as organic material hydrocarbon equivalent grams carbon per test, as applicable.                                     
2 No crankcase emissions shall be discharged into the ambient atmosphere from any non-diesel fueled light-duty vehicle.                                                                         
3 All light-duty vehicles shall meet the applicable emission standards at both low and high-altitudes according to the procedures specified in 40 CFR part 86 for current model year motor      
  vehicles at the time of testing.                                                                                                                                                              
4 Specified in 40 CFR part 86 for the OP year of the vehicle, per 85.1515(c).                                                                                                                   



                                                    Table 2.--Emission Standards Applicable to Imported Light-Duty Trucks \1\ \2\ \3\ \4\ \5\                                                   
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                       Evaporative (years/                      
             OP year                    Hydrocarbon          Carbon monoxide       Oxides of nitrogen        Particulate         Diesel hydrocarbon          miles)              Useful life    
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
1968-78..........................  2.0 gpm                20 gpm                 3.1 gpm                .....................  6.0 g/test             5/50,000              ....................
1979-80..........................  1.7 gpm                18 gpm                 2.3 gpm                .....................  6.0 g/test             5/50,000              ....................
1981.............................  1.7 gpm                18 gpm                 2.3 gpm                .....................  2.0 g/test             5/50,000              ....................
1982-83..........................  1.7 gpm                18 gpm                 2.3 gpm                0.60 gpm               2.0 g/test             5/50,000              ....................
                                   (2.0)                  (26)                   (2.3)                  (0.60)                 (2.6)                                                            
1984.............................  0.80 gpm               10 gpm                 2.3 gpm                0.60 gpm               2.0 g/test             5/50,000              ....................
                                   (1.0)                  (14)                   (2.3)                  (0.60)                 (2.6)                                                            
1985-86..........................  0.80 gpm               10 gpm                 2.3 gpm                0.60 gpm               2.0 g/test             11/120,000            ....................
                                   (1.0)                  (14)                   (2.3)                  (0.60)                 (2.6)                                                            
1987.............................  0.80 gpm               10 gpm                 2.3 gpm                0.26 gpm               2.0 g/test             11/120,000            ....................
                                   (1.0)                  (14)                   (2.3)                  (0.26)                 (2.6)                                                            
1988-89..........................  0.80 gpm               10 gpm                 1.2 gpm\6\             0.26 gpm\7\            2.0 g/test             11/120,000            ....................
                                   (1.0)                  (14)                   (1.2)                  (2.0)                  (2.6)                                                            
                                   0.80 gpm               10 gpm                 1.7 gpm\6\             0.45 gpm\7\            2.0 g/test             11/120,000            ....................
                                   (1.0)                  (14)                   (1.7)                  (0.26)                 (2.6)                                                            
                                   0.80 gpm               10 gpm                 2.3 gpm\6\             0.45 gpm\7\            2.0 g/test             11/120,000            ....................
                                   (1.0)                  (14)                   (2.3)                  (0.26)                 (2.6)                                                            
1990-93..........................  0.80 gpm               10 gpm                 1.2 gpm\8\             0.26 gpm\7\            2.0 g/test             11/120,000            ....................
                                   (1.0)                  (14)                   (1.2)                  (0.26)                 (2.6)                                                            
                                   0.80 gpm               10 gpm                 1.7 gpm\8\             0.45 gpm\7\            2.0 g/test             11/120,000            ....................
                                   (1.0)                  (14)                   (1.7)                  (0.26)                 (2.6)                                                            
1994 and later...................  (\9\)                  (\9\)                  (\9\)                  (\9\)                  (\9\)                  (\9\)                 ....................
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Diesel particulate standards apply only to diesel fueled light-duty trucks. Evaporative hydrocarbon standards apply only to non-diesel fueled light-duty trucks. For alternative fueled     
  light-duty trucks, the evaporative hydrocarbon standard is interpreted as organic material hydrocarbon equivalent grams carbon per test, as applicable.                                       
\2\ No crankcase emissions shall be discharged into the ambient atmosphere from any non-diesel fueled light-duty truck.                                                                         
\3\ A carbon monoxide standard of 0.50% of exhaust flow at curb idle is applicable to all 1984 and later model year light-duty trucks sold to, or owned by, an importer for principal use at    
  other than a designated high-altitude location. This requirement is effective for light-duty trucks sold to, or owned by an importer for principal use at a designated high-altitude location 
  beginning with the 1988 model year.                                                                                                                                                           
\4\ All 1982 OP year and later light-duty trucks sold to, or owned by, an importer for principal use at a designated high-altitude location shall meet high-altitude emission standards         
  according to the requirements specified in 40 CFR part 86 for current model year light-duty trucks at the time of testing.                                                                    
\5\ Standards in parentheses apply to motor vehicles sold to, or owned by, an importer for principal use at a designated high-altitude location. These standards must be met at high-altitude   
  according to the procedures specified in 40 CFR part 86 for current model year motor vehicles at the time of testing.                                                                         
\6\ The oxides of nitrogen standard of 1.2 gpm applies to light-duty trucks up to and including 3,750 pounds loaded vehicle weight and 6,000 pounds or less gross vehicle weight the 1.7 gpm    
  standard applies to light-duty trucks greater than 3,750 pound loaded vehicle weight and 6,000 pounds or less gross vehicle weight; the 2.3 gpm standard applies to light-duty trucks 6,001   
  pounds gross vehicle weight and greater.                                                                                                                                                      
\7\ The diesel particulate standard of 0.26 gpm applies to light-duty trucks up to and including 3,750 pounds loaded vehicle weight; the 0.45 gpm standard applies to light-duty trucks 3,751   
  pounds and greater loaded vehicle weight.                                                                                                                                                     
\8\ The oxides of nitrogen standard of 1.2 gpm applies to light-duty trucks up to and including 3,750 pounds loaded vehicle weight; the 1.7 gpm standard applies to light-duty trucks 3,751     
  pounds and greater loaded vehicle weight.                                                                                                                                                     
\9\ Specified in 40 CFR part 86 for the OP year of the vehicle, per 85.1515(c).                                                                                                                 

[FR Doc. 96-2915 Filed 2-13-96; 8:45 am]
BILLING CODE 6560-50-P