[Federal Register Volume 61, Number 222 (Friday, November 15, 1996)]
[Rules and Regulations]
[Pages 58618-58620]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-29179]


      

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Part II





Environmental Protection Agency





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40 CFR Part 86



Extension of Interim Revised Durability Procedures for Light-Duty 
Vehicles and Light-Duty Trucks; Final Rule

  Federal Register / Vol. 61, No. 222 / Friday, November 15, 1996 / 
Rules and Regulations  

[[Page 58618]]



ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 86

[AMS-FRL-5651-2]


Extension of Interim Revised Durability Procedures for Light-Duty 
Vehicles and Light-Duty Trucks

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: On January 12, 1993, EPA published a final rule establishing 
interim durability procedures used for demonstrating compliance with 
light duty vehicle and light duty truck emission standards, applicable 
in model years 1994-1996 only. On July 18, 1994, EPA published a direct 
final rule extending the applicability of the original rule through 
model year 1998. Today's direct final rule extends the applicability of 
those durability procedures indefinitely. The Agency intends to conduct 
a separate rulemaking to implement a long-term durability program; 
however, such an action will be linked to others as part of a broad-
based streamlining initiative for all vehicle emission compliance 
activities. It is difficult to predict with any precision when this 
subsequent action will occur. The Agency currently estimates that new 
compliance regulations will be promulgated such that they would become 
effective no earlier than the 2000 model year. Because the current 
durability regulations expire at the end of the 1998 model year, 
failure to adopt today's action would result in less effective and 
inefficient durability regulations beginning with the 1999 model year. 
The Agency believes that it is appropriate to extend indefinitely the 
existing interim procedures via a direct final rule because so doing 
addresses lead time concerns for model year 1999 and beyond, accounts 
for the uncertainty of the anticipated revised compliance regulations 
and adds no new requirements, but rather simply allows the continuation 
of the current program.

DATES: This action will be effective January 14, 1997 unless notice is 
received by December 16, 1996 that adverse or critical comments will be 
submitted, or that an opportunity to submit such comments at a public 
hearing is requested. If adverse comments are received, the Agency will 
publish a document in the Federal Register withdrawing the rule before 
the effective date.

ADDRESSES: Interested parties may submit written comments (in 
duplicate, if possible) to Public Docket No. A-93-46 at: Air Docket 
Section, U.S. Environmental Protection Agency, 401 M Street SW, 
Washington, D.C. 20460.
    Materials relevant to this final rule have been placed in Docket 
No. A-93-46. Additional documents of relevance may be found in Docket 
No. A-90-24. The docket is located at the above address in room M-1500, 
Waterside Mall, and may be inspected weekdays between 8:30 a.m. and 
noon, and between 1:30 p.m. and 3:30 p.m. A reasonable fee may be 
charged by EPA for copying docket materials.

FOR FURTHER INFORMATION CONTACT: Linda Hormes, Vehicle Programs and 
Compliance Division, U.S. Environmental Protection Agency, National 
Vehicle and Fuel Emissions Laboratory, 2565 Plymouth Road, Ann Arbor, 
MI 48105. Telephone (313) 668-4502.

SUPPLEMENTARY INFORMATION:

Electronic Availability

    The preamble, regulatory language, and regulatory support document 
are available electronically on the Technology Transfer Network (TTN), 
an electronic bulletin board system operated by EPA's Office of Air 
Quality, Planning and Standards. Users are able to access and download 
TTN files of their first call. After logging on to TTN, to navigate 
through the system for the files of interest, the user must enter the 
appropriate command at each of a series of menus. The steps required to 
access information on this rulemaking are listed below. The service is 
free of charge, except for the cost of the phone call.
    TTN bulletin board system: (919) 541-5742 (1200-14400 pbs, no 
parity, 8 data bits, 1 stop bit)
    Voice Helpline: (919) 541-5384
    Internet access address: TELNET ttnbbs.rtpnc.epa.gov.
    Off-line: Mondays from 8:00 AM to 12:00 Noon ET.
    1. Technology Transfer Network Top Menu  GATEWAY TO TTN 
TECHNICAL AREAS (Bulletin Boards); Command: T.
    2. TTN TECHNICAL INFORMATION AREAS:  OMS--Mobile Sources 
Information; Command: M.
    3. OMS BBS === MAIN MENU:  Rulemaking & Reporting; Command: K.
    4. [1] Light Duty; File Area 2 LD VEHICLE DURABILITY.
    At this stage, the system will list all available files. To 
download a file, select a transfer protocol which will match the 
terminal software on your own computer, then set your own software to 
receive the file using that same protocol.
    If unfamiliar with handling compressed (i.e. ZIP'ed) files, go to 
the TTN top menu, System Utilities (Command: 1) for information and the 
necessary program to download in order to unZIP the files of interest 
after downloading to your computer. After getting the files you want 
onto your computer, you can quit the TTN BBS with the oodbye 
command.
    Internet Access: The preamble, regulatory language and regulatory 
support document are also available electronically from the following 
EPA internet sites:

World Wide Web:
http://www.epa.gov/OMSWWW/
Gopher:
gopher://gopher.epa.gov/
Follow menus for: Offices/Air/OMS
FTP:
ftp://ftp.epa.gov/
Change Directory to pub/gopher/OMS

    Please note that due to differences between the software used to 
develop the document and the software into which the document may be 
downloaded, changes in format, page length, etc. may occur.

I. Background

    On January 12, 1993, the Agency published interim procedures for 
motor vehicle manufacturers to use in demonstrating compliance with 
emission standards for light-duty vehicles and light-duty trucks (58 FR 
3994). That rule, referred to hereafter as the ``RDP-I'' rule, made the 
interim procedures applicable to model years 1994 through 1996, but not 
thereafter. The Agency now plans to revise the RDP-I interim procedures 
through rulemaking in conjunction with other activities associated with 
a compliance revision initiative currently being undertaken by the 
Agency.
    The Agency initially planned to promulgate a separate durability 
regulation, hereafter referred to as ``RDP II'' which was to become 
effective beginning with the 1997 model year. However, that became 
impractical due to lead time constraints for manufacturers wishing to 
certify vehicles in that model year and the uncertainty that sufficient 
lead time existed for implementation in the 1998 model year as well. 
Consequently, the Agency promulgated a direct final rule which extended 
the applicability of the RDP-I interim rulemaking through model year 
1998 (59 FR 36368). This was intended to provide manufacturers with 
timely notice of the regulations

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applicable for certifying vehicles through model year 1998 while EPA 
continued work on preparing and finalizing further technical and 
procedural improvements to the RDP II program. While work on the RDP-II 
rule proceeded, various new events and actions precluded the timely 
completion of this project. In particular, in 1995 the Agency undertook 
an initiative to revise the current vehicle compliance program, 
including the durability protocols. The Agency is currently considering 
promulgating regulations which would become effective with the 2000 
model year. Because these regulations are still under the initial 
planning stage, it is not possible to provide manufacturers with a firm 
effective date. Therefore, the Agency believes today's action of 
indefinitely extending the existing RDP-I regulations will satisfy the 
industry's need to plan its durability programs and will retain the 
current durability options which can be improved upon in future 
actions.

II. Environmental Effects and Economic Impacts

A. Economic Impacts

    This action extends an existing program without modification, and 
as such, the Agency does not expect any new economic impacts over and 
above those described in the interim rulemaking. In general, the RDP-I 
interim rulemaking projected annual cost savings with respect to the 
previously existing program of approximately $8.6 million, and although 
this number is highly dependent upon the interaction of several 
variables, all modeled scenarios resulted in some level of savings. A 
complete description of those impacts is contained in 58 FR 3994 
(January 12, 1993).

B. Environmental and Cost-Benefit Impacts

    The RDP I rulemaking revised testing and administrative procedures 
necessary to determine the compliance of light-duty vehicles and light-
duty trucks with the Tier 1 emission standards promulgated in June 
1991, and no environmental benefit was claimed over and above that 
already accounted for in the Tier 1 rule. Today's action will similarly 
claim no environmental benefit. A detailed discussion of the Tier 1 
environmental impacts can be found in 56 FR 25734 (June 5, 1991).

III. Public Participation and Effective Date

    The Agency is publishing this action as a direct final rule because 
it views it as non-controversial and anticipates no adverse comments. 
This action will be effective January 14, 1997 unless the Agency 
receives notice by December 16, 1996 that adverse or critical comments 
will be submitted, or that a party requests the opportunity to submit 
such oral comments pursuant to section 307(d)(5) of the Clean Air Act, 
as amended.
    If such notice is received, this action will be withdrawn before 
the effective date by publishing two subsequent documents. One document 
will withdraw this final rule and another will begin a new rulemaking 
by announcing a proposal of the rule and establishing a comment period.

IV. Statutory Authority

    Authority for the actions promulgated in this final rule is granted 
to EPA by sections 202, 203, 205, 206, 207, 208, 215, 216, 217, and 
301(a), of the Clean Air Act, as amended (42 U.S.C. 7521, 7522, 7524, 
7525, 7541, 7542, 7549, 7550, 7552, and 7601(a), and 5 U.S.C. 553(b)).

V. Administrative Designation

    Under Executive Order 12866, 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 a 
``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, 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.

VI. Regulatory Flexibility Act

    The Regulatory Flexibility Act of 19980 requires federal agencies 
to identify potentially adverse impacts of federal regulations upon 
small entities. The Small Business Regulatory Enforcement Fairness Act 
of 1996 amended these requirements. In instances where significant 
impacts are possible on a substantial number of these entities, 
agencies are required to perform a Regulatory Flexibility Analysis.
    The Agency has determined that this action will not have an adverse 
impact on small entities. Moreover, this regulation does not create any 
new regulatory requirements.
    Therefore, under section 605 of the Regulatory Flexibility Act, 5 
U.S.C. 601 et seq., I certify that this regulation does not have a 
significant impact on a substantial number of small entities. '

VII. Reporting and Recordkeeping Requirements

    Under the Paperwork Reduction Act of 1990, 44 U.S.C. 3501 et seq., 
EPA must obtain Office of Management and Budget clearance for any 
activity that will involve collecting substantially the same 
information from ten or more non-Federal respondents. On December 1, 
1992, OMB approved collection of information required in 40 CFR 86.094-
26 under ICR control number 2060-0104. This regulation does not impose 
any new information collection requirements and will result in no 
change in the reporting burden.

VIII. Submission to Congress and the General Accounting Office

    Under 5 U.S.C. 801(a)(1)(A) of the Administrative Procedures Act 
(APA) as amended 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. 
This rule is not a ``major rule'' as defined by 5 U.S.C. 804(2) of the 
APA as amended.

IX. Unfunded Mandates Act

    Section 202 of the Unfunded Mandates Reform Act of 1995 (signed) 
into law on March 22, 1995) requires that EPA prepare a budgetary 
impact statement before promulgating a rule that includes a federal 
mandate that may result in expenditure by state, local, and tribal 
governments, in aggregate, or by the private sector, of $100 million or 
more in any one year. Section 203 of the Unfunded Mandates Reform Act 
requires EPA to establish a plan for obtaining input from and 
informing, educating and advising any

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small governments that may be significantly or uniquely affected by the 
rule.
    Under section 205 of the Unfunded Mandates Act, EPA must identify 
and consider a reasonable number of regulatory alternatives before 
promulgating a rule for which a budgetary impact statement must be 
prepared. EPA must select from those alternatives the least costly, 
most cost-effective, or least burdensome alternative that achieves the 
objectives of the rule, unless EPA explains why this alternative is not 
selected or the selection of this alternative is inconsistent with law.
    Because this direct final rule is expected to result in the 
expenditure by state, local and tribal governments or the private 
sector of less than $100 million in any one year, EPA has not prepared 
a budgetary impact statement or spectifically address selection of the 
least costly, most cost-effective or least burdensome alternative. 
Because small governments will not be significantly or uniquely 
affected by this rule, EPA is not required to develop a plan with 
regard to small governments.

List of Subjects in 40 CFR Part 86

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

    Dated: November 7, 1996.
Carol M. Browner,
Administrator.

    For the reasons set forth in the preamble, part 86 of chapter I, 
title 40 of the Code of Federal Regulations is amended as follows:

PART 86--CONTROL OF AIR POLLUTION FROM NEW AND IN-USE MOTOR 
VEHICLES AND NEW AND IN-USE MOTOR VEHICLE ENGINES: CERTIFICATION 
AND TEST PROCEDURES

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

    Authority: Secs. 202, 203, 205, 206, 207, 208, 215, 216, 217, 
and 301(a), of the Clean Air Act, as amended (42 U.S.C. 7521, 7522, 
7524, 7525, 7541, 7542, 7549, 7550, 7552, and 7601(a)).


Sec. 86.094-13  [Amended]

    2. in Sec. 86.094-13, paragraphs (a)(1), (c)(1), (d)(1), (e)(1), 
and (f)(1) are amended by revising the words ``1994 through 1998'' to 
read ``1994 and beyond''.


Sec. 86.094-26  [Amended]

    3. In Sec. 86.094-26, paragraphs (a)(2), (b)(2)(i), and (b)(2)(ii) 
are amended by revising the words ``1994 through 1998'' to read ``1994 
and beyond''.
[FR Doc. 96-29179 Filed 11-14-96; 8:45 am]
BILLING CODE 6560-50-P