[Federal Register Volume 61, Number 185 (Monday, September 23, 1996)]
[Rules and Regulations]
[Pages 49680-49682]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23652]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 51
[FRL-5610-4]

Minor Amendments to Inspection/Maintenance Program Requirements
AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: This rule changes a provision of the federal vehicle 
inspection and maintenance (I/M) rules relating to motorist compliance 
enforcement mechanisms for pre-existing programs. The current rule 
limits the use of pre-existing enforcement mechanisms, other than 
denial of vehicle registration, to those geographic areas previously 
subject to the I/M program. This rule change allows states to employ 
such effective pre-existing enforcement mechanisms as sticker 
enforcement in any area in the state adopting an I/M program. This 
amendment is consistent with the relevant requirements of the Clean Air 
Act. These changes will not result in any change in health and 
environmental benefits.

DATES: This rule will take effect November 22, 1996 unless EPA receives 
adverse comments on a parallel proposal of this action, published 
elsewhere in this Federal Register, by October 23, 1996. Should EPA 
receive such comments, EPA will publish a subsequent document in the 
Federal Register withdrawing this direct final rule prior to the 
effective date. Anyone wishing to submit comments on the parallel 
proposal should do so at this time.

ADDRESSES: Materials relevant to this rulemaking are contained in the 
Public Docket No. A-91-75. The docket is located at the Air Docket, 
Room M-1500 (6102), Waterside Mall SW, Washington, DC 20460. The docket 
may be inspected between 8:30 a.m. and 12 noon and between 1:30 p.m. 
until 5:30 p.m. on weekdays. A reasonable fee may be charged for 
copying docket material. Electronic copies of the preamble and the 
regulatory text of this rulemaking are available on the Office of Air 
Quality Planning and Standards (OAQPS) Technology Transfer Network 
Bulletin Board System (TTN BBS) and the Office of Mobile Sources' World 
Wide Web cite, http://ww.epa.gov/OMSWWW/.

FOR FURTHER INFORMATION CONTACT: Leila Cook, Office of Mobile Sources, 
National Vehicle and Fuel Emissions Laboratory, 2565 Plymouth Road, Ann 
Arbor, Michigan, 48105. Telephone (313) 741-7820.

SUPPLEMENTARY INFORMATION: 
Regulated Entities
    Entities potentially regulated by the minor amendment to the I/M 
rule are those which adopt, approve, or fund I/M programs. Regulated 
categories and entities include:

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              Category                  Examples of regulated entities  
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Local government....................  Local air quality agencies.       
State government....................  State air quality agencies        
                                       responsible for I/M programs.    
Federal.............................  EPA.                              
government..........................                                    
------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be affected by this 
action. This table lists the types of entities that EPA is now aware 
that could potentially be regulated by this I/M amendment. Other types 
of entities not listed in the table could also be regulated. To 
determine whether your organization is regulated by this action, you 
should carefully examine the applicability criteria of 40 CFR 51.361 of 
the I/M rule. If you have any questions regarding the applicability of 
this action to a particular entity, consult the person listed in the 
preceding FOR FURTHER INFORMATION CONTACT section.
    Under the Clean Air Act as amended in 1990 (the Act), 42 U.S.C. 
7401 et seq., the U.S. Environmental Protection Agency (EPA) published 
in the Federal Register on November 5, 1992 (40 CFR part 51, subpart S) 
rules relating to motor vehicle inspection and maintenance (I/M) 
programs (hereafter referred to as the I/M rule; see 57 FR 52950). EPA 
here amends those rules to broaden the geographic area in which pre-
existing enforcement mechanisms can be employed.
    Section 182(c)(3) of the Act establishes the statutory requirements 
for enhanced I/M programs. Subsection (c)(3)(C)(iv) requires the use of 
vehicle registration denial enforcement mechanisms except in certain 
cases. The statute allows the use of alternative enforcement mechanisms 
that are demonstrated to be more effective than vehicle registration 
denial for any program in operation before enactment of the 1990 
amendments of the Act.
    In the 1992 I/M rules, EPA interpreted this statutory requirement 
to allow the use of pre-existing alternative enforcement mechanisms 
only in the same geographic area where the prior program had been 
implemented using that alternative 40 CFR 51.361. That regulation did 
not provide for the use of alternative enforcement mechanisms in

[[Page 49681]]

any areas within a state that had not previously had an I/M program, 
even where an effective alternative enforcement mechanism was in place 
elsewhere in the state. In addition, the 1992 I/M rule required pre-
existing alternative enforcement mechanisms to have been approved into 
the SIP.
    Based on experience implementing the I/M rule, EPA now believes 
that the provisions limiting the geographic scope of pre-existing 
enforcement mechanisms should be altered. EPA is amending 40 CFR 51.361 
to allow, anywhere within a state, the use of more effective pre-
existing enforcement mechanisms that the state had previously used in 
only some portion of the state. In states where a pre-existing 
enforcement mechanism can be demonstrated to be more effective than 
registration denial, it would be incongruous to allow the use of that 
mechanism only in those areas that had previously employed the 
mechanism, but require areas within the state newly implementing I/M to 
use a registration denial system that had already been demonstrated to 
be less effective within the state.
    EPA believes that the amendment to section 51.361 is consistent 
with the Act. The statute does not impose a geographic limitation on 
the scope of applicability of pre-existing enforcement mechanisms. The 
statute merely requires that the I/M program have been in place prior 
to the 1990 amendments to the Act, and that the enforcement mechanism 
be demonstrated to be more effective than registration denial. EPA 
believes that where this demonstration can be made, expansion of the 
program, including the pre-existing enforcement mechanism, to other 
areas within the state is appropriate and consistent with the statute.
    Further, EPA is removing the requirement in Sec. 51.361 that pre-
existing enforcement mechanisms have been approved into the SIP. The 
statute requires only that such mechanism have been in operation prior 
to the 1990 amendments to the Act, and says nothing about SIP approval. 
Where a state can demonstrate that its pre-existing enforcement 
mechanism is more effective than registration denial, EPA believes it 
would be inconsistent with the statute to require use of the less 
effective registration denial system merely because the program 
previously in operation had not been approved into the SIP.

Administrative Requirements

Regulatory Flexibility Act

    Pursuant to section 605(b) of the Regulatory Flexibility Act, 5 
U.S.C. 605(b), I certify that this action will not have a significant 
economic impact on a substantial number of small entities and, 
therefore, is not subject to the requirement of a Regulatory Impact 
Analysis. A small entity may include a small government entity or 
jurisdiction. A small government jurisdiction is defined as governments 
of cities, counties, towns, townships, villages, school districts, or 
special districts, with a population of less than 50,000. This 
certification is based on the fact that the I/M areas impacted by this 
rulemaking do not meet the definition of a small government 
jurisdiction, that is, governments of cities, counties, towns, 
townships, villages, school districts, or special districts, with a 
population of less than 50,000. This rule affects only the enforcement 
mechanism states may include in their I/M programs. Furthermore, the 
impact created by this action does not increase the pre-existing burden 
which this proposal seeks to amend.

Unfunded Mandates Act

    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 budgetary impact statement to accompany any proposed or 
final rule where the estimated costs to State, local, or tribal 
governments, or to the private sector, will be $100 million or more. 
Under Section 205, EPA must select the most cost-effective and least 
burdensome alternative that achieves the objective of the rule and is 
consistent with statutory requirements. Section 203 requires EPA to 
establish a plan for informing and advising any small governments that 
may be significantly impacted by the rule.
    To the extent that the requirements in this action would impose any 
mandate at all as defined in Section 101 of the Unfunded Mandates Act 
upon the state, local, or tribal governments, or the private sector, as 
explained above, this rule is not estimated to impose costs in excess 
of $100 million. Therefore, EPA has not prepared a statement with 
respect to budgetary impacts. As noted above, this rule offers 
opportunities to states that would enable them to lower economic 
burdens from those resulting from the currently existing I/M rule.

Submission to Congress and the General Accounting Office

    Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report 
containing this rule and other required information to the U.S. Senate, 
the U.S. House of Representatives and the Comptroller General of the 
General Accounting Office prior to publication of the rule in today's 
Federal Register. The rule is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

Executive Order 12866

    It has been determined that this amendment to the I/M rule is not a 
significant regulatory action under the terms of Executive Order 12866 
and has been waived from Office of Management and Budget (OMB) review.

Reporting and Recordkeeping Requirements

    There are no information requirements in this final rule which 
requires the approval of the Office of Management and Budget under the 
Paperwork Reduction Act 44 U.S.C. 3501 et seq.

Effective Date

    This rule will take effect on November 22, 1996, unless EPA 
receives adverse comment on a parallel document proposing these same 
changes published elsewhere in this Federal Register. EPA is using the 
direct final rulemaking procedure in this case because EPA believes 
that these amendments are noncontroversial and does not anticipate 
receiving any adverse comment. Should EPA receive any such comments, 
EPA will publish a subsequent document in the Federal Register 
withdrawing this direct final rule prior to the effective date. EPA 
will then publish another final rule responding to the comments 
received and taking final action on the parallel proposal. Anyone 
wishing to comment on the parallel proposal should do so at this time.

List of Subjects in 40 CFR Part 51

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Carbon monoxide, Intergovernmental relations, 
Lead, Motor vehicle pollution, Nitrogen oxide, Ozone, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides, 
Volatile organic compounds.


[[Page 49682]]


    Dated: September 10, 1996.
Carol M. Browner,
Administrator.

    For the reasons set out in the preamble, part 51 of Title 40 of the 
Code of Federal Regulations is amended as follows:

PART 51--[AMENDED]

    1. The authority citation for Part 51 continues to read as follows:

    Authority: 42 U.S.C. 7401-7671q.

    2. Section 51.361 is amended by revising the introductory text and 
paragraph (b)(1)(i) to read as follows:


Sec. 51.361   Motorist compliance enforcement.

    Compliance shall be ensured through the denial of motor vehicle 
registration in enhanced I/M programs unless an exception for use of an 
existing alternative is approved. An enhanced I/M area may use an 
existing alternative if it demonstrates that the alternative has been 
more effective than registration denial. An enforcement mechanism may 
be considered an ``existing alternative'' only in states that, for some 
area in the state, had an I/M program with that mechanism in operation 
prior to passage of the 1990 Amendments to the Act. A basic I/M area 
may use an alternative enforcement mechanism if it demonstrates that 
the alternative will be as effective as registration denial. Two other 
types of enforcement programs may qualify for enhanced I/M programs if 
demonstrated to have been more effective than enforcement of the 
registration requirement in the past: Sticker-based enforcement 
programs and computer-matching programs. States that did not adopt an 
I/M program for any area of the state before November 15, 1990, may not 
use an enforcement alternative in connection with an enhanced I/M 
program required to be adopted after that date.
* * * * *
    (b) * * *
    (1) * * *
    (i) For enhanced I/M programs, the area in question shall have had 
an operating I/M program using the alternative mechanism prior to 
enactment of the Clean Air Act Amendments of 1990. While modifications 
to improve compliance may be made to the program that was in effect at 
the time of enactment, the expected change in effectiveness cannot be 
considered in determining acceptability;
* * * * *
[FR Doc. 96-23652 Filed 9-20-96; 8:45 am]
BILLING CODE 6560-50-M