[Federal Register Volume 61, Number 192 (Wednesday, October 2, 1996)]
[Rules and Regulations]
[Pages 51365-51366]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25232]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 9 and 86

[FRL-5618-2]


Control of Air Pollution From New and In-Use Motor Vehicles and 
New and In-Use Motor Vehicle Engines: Certification and Test Procedures

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; technical amendments.

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SUMMARY: This document contains technical amendments to regulations 
controlling air pollution from new and in-use motor vehicles and motor 
vehicle engines. This final rule removes regulations that are obsolete.

EFFECTIVE DATE: October 2, 1996.

FOR FURTHER INFORMATION CONTACT: Dick Nash, Office of Mobile Sources, 
Vehicle Programs and Compliance Division, 2565 Plymouth Road, Ann 
Arbor, MI 48105, 313-668-4412.

SUPPLEMENTARY INFORMATION:

Background

    The Agency has reviewed the regulations currently contained in 
Title 40, Part 86 of the Code of Federal Regulations (CFR) and has 
determined that a number of sections have become obsolete or redundant. 
By this action the agency is removing them from the CFR.
    By issuing these technical amendments directly as a final rule, EPA 
is foregoing the issuance of a Notice of Proposed Rulemaking (NPRM) and 
the opportunity for public comment. Such a curtailed procedure is 
permitted by 5 U.S.C. 553(b) and Sec. 307(d) of the Clean Air Act when 
issuance of a proposal and public comments would be impracticable, 
unnecessary, or contrary to the public interest. The Agency is 
publishing this action without prior proposal because these are non-
controversial changes that delete sections of the regulations that are 
obsolete because they do not regulate future conduct concerning 
existing motor vehicles or any motor vehicles which may be certified in 
the future. The Agency finds that this constitutes good cause under 5 
U.S.C. 553(b) for a determination that the issuance of an NPRM is 
unnecessary.
    Today's action does not create any new regulatory requirements. For 
this reason, EPA finds that good cause exists to provide for an 
immediate effective date.
    The Agency has determined that this action does not meet any of the 
criteria for classification as a significant rule under Executive Order 
12866. Therefore, no Regulatory Impact Analysis is required.
    This action does not include any new information collection 
requirements. The Paperwork Reduction Act is not applicable to this 
action as these changes to the regulations at 40 part CFR part 86 will 
not impose any information collection requirements on affected parties.
    The Environmental Protection Agency has determined that it is not 
necessary to prepare a regulatory flexibility analysis in connection 
with this final rule. The Agency has determined that the action adopted 
today will not have a significant impact on small entities;

[[Page 51366]]

this action is limited to deleting obsolete regulatory provisions.

Description of Changes

    The following paragraphs describe the individual revisions that are 
being adopted in this rule.
    1. Part 9 is amended by removing references to any sections which 
are being removed from part 86.
    2. Part 86 is being amended by removing certain sections which are 
obsolete because they do not regulate future conduct but only apply to 
prior conduct, affecting prior model year motor vehicles and engines. 
However, any conduct or actions involving such vehicles or engines 
occurring prior to the deletion of these provisions will be controlled 
by the provisions in effect when the action or conduct occurred.
    3. Section 86.113 is being amended by deleting paragraphs 
(g)(1)(iii), (g)(1)(iv), and (g)(1)(v). This action eliminates the 
calculation that adjusts the payment of a nonconformance penalty to the 
federal government based on payment of a nonconformance penalty to the 
state of California. California does not collect nonconformance 
penalties. This action makes clear that the penalty will be paid in 
full to the Federal Government. Additionally, paragraph(g)(1)(ii) is 
being amended to eliminate references to the subparagraphs deleted.

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, 
House of Representatives and the Comptroller General of the General 
Accounting Office prior to publication of the rule in today's Federal 
Register. This is not a ``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects

40 CFR Part 9

    Reporting and recordkeeping requirements.

40 CFR Part 86

    Environmental protection, Administrative practice and procedure, 
Motor vehicle pollution.

    Dated: September 23, 1996.
Mary Nichols,
Assistant Administrator for Air and Radiation.

    For the reasons set forth in the preamble, title 40, chapter I, 
parts 9 and 86 of the Code of Federal Regulations are amended as set 
forth below:

PART 9--[AMENDED]

    1. The authority citation for part 9 continues to read as follows:

    Authority: 7 U.S.C. 135 et seq., 136-136y; 15 U.S.C. 2001, 2003, 
2005, 2006, 2601-2671; 21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33 
U.S.C. 1251 et seq., 1311, 1313d, 1314, 1321, 1326, 1330, 1344, 
1345(d) and (e), 1361; E.O. 11735 38 FR 21243, 3 CFR 1971-1975 Comp. 
p. 973; 42 U.S.C. 241, 242b, 243, 246, 300f, 300g-1, 300g-2, 300g-3, 
300g-4, 300g-5, 300g-6, 300j-1, 300j-2, 300j-3, 300j-4, 300j-9, 1857 
et seq., 6901-6992k, 7401-7671q, 7542, 9601-9657, 11023, 11048.


Sec. 9.1   [Amended]

    2. Section 9.1 is amended by removing from the table entries for 
86.1003-88, 86.1005-88, 86.1008-88.

PART 86--[AMENDED]

    3. The authority citation for part 86 continues to read as follows:

    Authority: Secs. 202, 203, 204, 205, 206, 207, 208, 209, 213, 
215, 216, and 301(a) of the Clean Air Act as amended (42 U.S.C. 
7521, 7522, 7523, 7524, 7525, 7541, 7542, 7543, 7547, 7549, 7550, 
and 7601(a)).


Secs. 86.610-84, 86.1003-88, 86.1005-88, 86.1008-88, 86.1010-84   
[Removed]

    4. Part 86 is amended by removing Secs. 86.610-84, 86.1003-88, 
86.1005-88, 86.1008-88, 86.1010-84.
    5. Section 86.1113-87 is amended by revising paragraph (g)(1)(ii) 
and by removing paragraphs (g)(1)(iii), (g)(1)(iv) and (g)(1)(v) to 
read as follows:


Sec. 86.1113-87   Calculation and payment of penalty.

* * * * *
    (g) * * *
    (1) * * *
    (ii) The penalty shall be payable to U.S. Environmental Protection 
Agency, NCP Fund, P.O. Box 360277M, Pittsburgh, PA 15251.
* * * * *
[FR Doc. 96-25232 Filed 10-1-96; 8:45 am]
BILLING CODE 6560-50-P