[Federal Register Volume 62, Number 47 (Tuesday, March 11, 1997)]
[Proposed Rules]
[Pages 11138-11141]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-5877]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 86

[AMS-FRL-5701-7]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Proposed Rulemaking.

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SUMMARY: Today's proposal was originally published as a Direct Final 
Rule (61 FR 58618, November 15, 1996), but the amendments were removed 
due to the receipt of an adverse comment.
    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 proposal 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 proceed with today's proposal would result in less effective 
and inefficient durability regulations beginning with the 1999 model 
year, and may create timing problems for manufacturers planning to use 
alternate durability processes in the 1999 model year, since the 
durability demonstration procedures would revert back to requiring the 
AMA mileage accumulation process, a procedure which requires 100,000 
miles to be accumulated on a prototype vehicle.

DATES: Comments must be received on or before April 25, 1997. A public 
hearing will be held on March 27, 1997. Request to present oral 
testimony must be received at least 5 days prior to the hearing.

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 proposed 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. The 
public hearing will be held at the Courtyard by Marriott, 3205 
Boardwalk, Ann Arbor, MI. The hearing will begin at 10 am and

[[Page 11139]]

continue until all testimony has been presented.

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 and regulatory language 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 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 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 RDP-I durability 
protocols. The revisions would be implemented via new compliance 
program regulations which are projected to become effective with the 
2000 model year. These regulations would replace the RDP-I interim 
procedures as well as other activities associated with vehicle 
compliance. Because these regulations are still in the development 
stage, it is not possible to provide manufacturers with a firm 
effective date. Therefore, the Agency believes today's proposal 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 
rulemaking actions.

II. Environmental Effects and Economic Impacts

    A. Economic Impacts
    This proposal 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 proposal 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

    The Agency originally published this proposal as a direct final 
rule because it viewed it as non-controversial and anticipated no 
adverse public comments. Because an adverse comment was received, the 
direct final rule amendments have been removed in a separate action 
published elsewhere in this issue of the Federal Register.

A. Comments and the Public Docket

    EPA welcomes comments on all aspects of this proposed rulemaking. 
Commenters are especially encouraged to give suggestions for changing 
any aspects of the proposal. All comments, with the exception of 
proprietary information should be addressed to the EPA Air Docket 
Section, Docket No. A-93-46 (see ADDRESSES).
    Commenters who wish to submit proprietary information for

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consideration should clearly separate such information from other 
comments by (1) labeling proprietary information ``Confidential 
Business Information'' and (2) sending proprietary information directly 
to the contact person listed (see FOR FURTHER INFORMATION CONTACT) and 
not to the public docket. This will help insure that proprietary 
information is not inadvertently placed in the docket. If a commenter 
wants EPA to use a submission labeled as confidential business 
information as part of the basis for the final rule, then a 
nonconfidential version of the document, which summarizes the key data 
or information, should be sent to the docket.
    Information covered by a claim of confidentiality will be disclosed 
by EPA only to the extent allowed and by the procedures set forth in 40 
CFR Part 2. If no claim of confidentiality accompanies the submission 
when it is received by EPA, the submission may be made available to the 
public without notifying the commenters.

B. Public Hearing

    Anyone wishing to present testimony about this proposal at the 
public hearing (see DATES) should, if possible, notify the contact 
person (see FOR FURTHER INFORMATION CONTACT) at least five days prior 
to the day of the hearing. The contact person should be given an 
estimate of the time required for the presentation of testimony and 
notification of any need for audio/visual equipment. Testimony will be 
scheduled on a first come, first served basis. A sign-up sheet will be 
available at the registration table the morning of the hearing for 
scheduling those who have not notified the contact earlier and will be 
scheduled on a first come, first served basis following the previously 
scheduled testimony.
    EPA requests that approximately 50 copies of the statement or 
material to be presented be brought to the hearing for distribution to 
the audience. In addition, EPA would find it helpful to receive an 
advanced copy of any statement or material to be presented at the 
hearing in advance of the scheduled hearing date. This is to give EPA 
staff adequate time to review such material before the hearing. 
Advanced copies should be submitted to the listed contact person.
    The official records of the hearing will be kept open for 30 days 
following the hearing to allow submission of rebuttal and supplementary 
testimony. All such submittals should be directed to the Air Docket 
Section, Docket No. A-93-24 (see ADDRESSES). The hearing will be 
conducted informally, and technical rules of evidence will not apply. A 
written transcript of the hearing will be placed in the above docket 
for review. Anyone desiring to purchase a copy of the transcript should 
make individual arrangements with the court reporter recording the 
proceedings.

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

    This regulation does not impose any new information collection 
requirements and results in no change to the currently approved 
collection. The Office of Management and Budget (OMB) has approved the 
information collection requirements contained in this rule under the 
provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and 
has assigned OMB control number 2060-0104.
    Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, or disclose or 
provide information to or for a Federal agency. This includes the time 
needed to review instructions; develop, acquire, install, and utilize 
technology and systems for the purposes of collecting, validating, and 
verifying information, processing and maintaining information, and 
disclosing and providing information; adjust the existing ways to 
comply with any previously applicable instructions and requirements; 
train personnel to be able to respond to a collection of information; 
search data sources; complete and review the collection of information; 
and transmit or otherwise disclose the information.
    An Agency may not conduct or sponsor, and a person is not required 
to respond to a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for EPA's 
regulations are listed in 40 CFR Part 9 and 48 CFR Chapter 15.

VIII. 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 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

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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 proposed 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 specifically addressed 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: March 4, 1997.
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 proposed to be 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. 97-5877 Filed 3-10-97; 8:45 am]
BILLING CODE 6560-50-P