[Federal Register Volume 61, Number 219 (Tuesday, November 12, 1996)]
[Proposed Rules]
[Page 58028]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-28544]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 86 and 89

[FRL-5645-3]
RIN 2060-AG78


Control of Air Pollution; Amendments to Emission Requirements 
Applicable to New Nonroad Compression-Ignition Engines at or Above 37 
Kilowatts: Provisions for Replacement Compression-Ignition Engines and 
the Use of On-Highway Compression-Ignition Engines in Nonroad Vehicles

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed rule (NPRM).

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SUMMARY: This NPRM proposes to amend the regulations applicable to 
compression-ignition nonroad engines at or above 37 kilowatts (kW) to 
address two disruptive situations that have arisen regarding the 
implementation of regulations applicable to these nonroad engines. No 
air quality impact is expected from these amendments.
    This NPRM proposes to allow nonroad vehicle manufacturers to use 
certified on-highway engines in nonroad vehicles that are constructed 
from on-highway vehicles or that must use public roads between job 
sites. These amendments also propose to allow engine manufacturers to 
provide uncertified replacement engines to repower pre-regulation 
nonroad equipment when that equipment experiences major engine failure 
and a suitable certified engine that will fit in the equipment is not 
available.
    Because the rule revision is not expected to receive any adverse 
comments, the revision is also being issued as a direct final rule in a 
separate part of this Federal Register

DATES: Public comments on the amendments proposed herein will be 
accepted until December 12, 1996 or 30 days after the date of a public 
hearing if one is held.
    The Agency will hold a public hearing regarding these proposed 
amendments on December 6, 1996 if it receives a request to testify at a 
hearing by November 22, 1996. The Agency will cancel this hearing if no 
one requests to testify. Members of the public should call the contact 
person indicated below to notify EPA of their interest in testifying at 
the hearing. Interested parties may call the contact person after 
November 22, 1996 to determine whether and where the hearing will be 
held.

ADDRESSES: Interested parties may submit written comments (in 
duplicate) for EPA consideration by addressing them as follows: EPA Air 
Docket (LE-131), Attention: Docket Number A-96-37, room M-1500, 401 M 
Street, S.W., Washington, D.C. 20460. Please contact the individual 
listed below before submitting comments.
    Materials relevant to this rulemaking are contained in the docket 
listed above and may be reviewed at that location from 8:00 am until 
5:30 pm Monday through Friday. As provided in 40 CFR Part 2, a 
reasonable fee may be charged by EPA for photocopying.

FOR FURTHER INFORMATION CONTACT: John Guy, Office of Mobile Sources, 
Engine Programs and Compliance Division (6403J), 401 M Street S.W., 
Washington, D.C. 20460, 202-233-9276.

SUPPLEMENTARY INFORMATION:

Regulated Entities

    Entities potentially regulated by this action are those which 
manufacture and use compression ignition engines of 37 kW or greater. 
Regulated categories and entities include:

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             Category                  Examples of regulated entities   
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Industry..........................  Manufacturers and users of          
                                     compression ignition engines of 37 
                                     kW or greater.                     
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This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by this 
action. This table lists the types of entities that EPA is now aware 
could potentially be regulated by this action. Other types of entities 
not listed in the table could also be regulated. To determine whether 
your facility is regulated by this action, you should carefully examine 
the criteria contained in Sec. 89.1 of title 40 of the Code of Federal 
Regulations, as modified by today's action. If you have questions 
regarding the applicability of this action to a particular entity, 
consult one of the persons listed in the preceding FOR FURTHER 
INFORMATION CONTACT section.
    If no adverse comments are timely received, no further activity is 
contemplated in relation to this proposed rule and the direct final 
rule in a separate part of this Federal Register will automatically go 
into effect on the date specified in that rule. If adverse comments are 
timely received on the direct final rule, the rule will be withdrawn 
and all public comment received on it will be addressed in a subsequent 
final rule based on this proposed rule. Because the Agency will not 
institute a second comment period on this proposed rule, any parties 
interested in commenting should do so during this comment period.
    For further supplemental information, the detailed rationale, and 
the rule revisions, see the information provided in the direct final 
rule in a separate part of this Federal Register.

List of Subjects

40 CFR Part 86

    Environmental protection, Administrative practice and procedure, 
Confidential business information, Labeling, Motor vehicle pollution, 
Reporting and recordkeeping requirements.

40 CFR Part 89

    Environmental protection, Administrative practice and procedure, 
Confidential business information, Imports, Labeling, Motor vehicle 
pollution, Reporting and recordkeeping requirements, Research, 
Warranties.

    Dated: October 28, 1996.
Carol M. Browner,
Administrator.
[FR Doc. 96-28544 Filed 11-8-96; 8:45 am]
BILLING CODE: 6560-50-P