[Federal Register Volume 66, Number 45 (Wednesday, March 7, 2001)]
[Notices]
[Pages 13730-13732]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-5569]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6948-4]


Public Participation in Activities Relating to the 1998 Agreement 
on Global Technical Regulations; Statement of Policy

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of public workshop.

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SUMMARY: EPA is holding a public workshop and soliciting public 
comments with regard to the development of the Agency's policy 
concerning its participation in the United Nations/Economic Commission 
for Europe, World Forum for Harmonization of Vehicle Regulations 
(WP.29) and the development of regulations under the 1998 ``Agreement 
Concerning the Establishing of Global Technical Regulations for Wheeled 
Vehicles, Equipment and Parts.'' This notice is also soliciting comment 
on the involvement of the public in the Agency's participation in the 
development of global technical regulations under the 1998 Agreement. 
Finally, this notice sets forth the Agency's priorities in 
participating in the global regulatory harmonization process. The 
Agency intends to issue its policy following the receipt of comments 
solicited here.
    The National Highway Traffic Safety Administration (NHTSA) which, 
together with EPA, negotiated the Agreement on behalf of the U.S., will 
participate in this workshop.

DATES: Written comments to the agency must be received by April 18, 
2001. The public workshop will be held on March 19, 2001, from 9 a.m. 
to 1 p.m.

ADDRESSES: Comments must refer to docket number A-2001-08 and be 
submitted (preferably 2 copies) to EPA's Air Docket at the following 
address: U.S. Environmental Protection Agency (EPA), Air Docket (6102), 
Room M-1500, 401 M Street SW., Washington, DC 20460. The Docket Office 
is open between 8 a.m. and 5:30 p.m., Monday through Friday except on 
government holidays. You can reach the Air Docket by telephone at (202) 
260-7548, and by facsimile at (202) 260-4400. We may charge a 
reasonable fee for copying docket materials, as provided in 40 CFR Part 
2. Public workshop: The public workshop will be held in room 1332A of 
the EPA Headquarters, Ariel Rios Building North, 1300 Pennsylvania 
Avenue, NW, Washington DC. Those persons wishing to participate in the 
workshop should contact Mr. Kenneth Feith by telephone, (202) 564-1679, 
or email, ``[email protected]'' no later than March 15, 2001.

FOR FURTHER INFORMATION CONTACT: Mr. Kenneth Feith, Office of Air and 
Radiation, Mail Code 6103A, U.S. Environmental Protection Agency, 
Washington, DC. 20460, Telephone: (202) 564-1679; Fax: (202) 564-1557; 
email ``[email protected]

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction
    A. Opening of 1998 Agreement for signature
    B. Purpose of and need for 1998 Agreement
    C. Purpose of this notice
II. Highlights of 1998 Agreement
III. Notice of EPA participation under the Global Agreement and 
mechanisms for public involvement
    A. Access to information
    B. Notice of participation in regulatory activity under the 1998 
Global Agreement
    C. Opportunity to comment
    D. Establishment of a continuing forum
IV. The Agency's priorities in participating in the global 
harmonization process
V. Public workshop
VI. Written comments

I. Introduction

A. The 1998 Agreement

    The U.S. became the first signatory to the United Nations/Economic 
Commission for Europe (UN/ECE) Agreement Concerning the Establishing of 
Global Technical Regulations for Wheeled Vehicles, Equipment and Parts 
Which Can Be Fitted And/or Be Used on Wheeled Vehicles (the 
``Agreement''). The 1998 Agreement entered into force on August 28, 
2000. The Agreement provides for the establishment of global technical 
regulations regarding wheeled vehicle safety, environmental 
performance, energy sources and theft prevention.

B. Purpose of and Need for 1998 Agreement

    The decision of the U.S. to become a Contracting Party to the 1998 
Agreement and participate in a global regulation development process is 
a critical step toward a cooperative worldwide identification of best 
safety, environmental and energy practices.
    Becoming a Contracting Party to the 1998 Agreement accomplishes 
several purposes for the U.S. and the EPA in particular. It gives the 
U.S. a vote in the establishment of voluntary global environmental 
regulations for wheeled vehicles, equipment and parts under the United 
Nations. Such participation enables the U.S. to take a leading role in 
the design and development of globally harmonized mobile source 
environmental regulations that can be adopted worldwide. Further, the 
1998 Agreement ensures that U.S. mobile source regulatory standards 
will be considered in any effort to develop such harmonized global 
technical regulations for mobile sources.

C. Purpose of this Notice

    There are three main purposes of this notice. First, it announces 
the procedures that EPA intends to follow to ensure that its activities 
under the 1998 Agreement are open and transparent to the public. 
Second, it specifies the priorities that will guide the Agency during 
its participation in activities under the 1998 Agreement. One of these 
priorities is to promote and establish environmental standards for 
mobile sources that reflect the best environmental practices around the 
world. Lastly, the notice announces a public workshop on March 19, 2001 
at which these issues will be discussed with interested stakeholders.

[[Page 13731]]

II. Highlights of 1998 Agreement

    The key aspects of the 1998 Agreement are summarized below to aid 
persons unfamiliar with its provisions. The complete text of the 
Agreement can be found in docket A-2001-08 and on the Internet at the 
address provided herein.
     The Agreement establishes a global process under the 
United Nations, Economic Commission for Europe (UN/ECE), for developing 
and harmonizing global technical regulations ensuring high levels of 
environmental protection, safety, energy efficiency and anti-theft 
performance of wheeled vehicles, equipment and parts which can be 
fitted and/or be used on wheeled vehicles. (Preamble, Art. 1).
     Members of the ECE, as well as members of the United 
Nations that participate in ECE activities, are eligible to become 
Contracting Parties. Specialized agencies and organizations that have 
been granted consultative status by the UN/ECE may participate in that 
capacity without voting privilege. (Art. 2)
     The Agreement was entered into force on August 28, 2000, 
when the required minimum of eight (8) countries or regional economic 
integration organizations became Contracting Parties. (Art. 11) The 
current list of Contracting Parties is: the United States, Canada, 
Japan, France, the United Kingdom, the European Community, Germany, the 
Russian Federation, the People's Republic of China, and the Republic of 
Korea.
     The Agreement explicitly recognizes the importance of 
continuously improving and seeking high levels of safety and the right 
of national and subnational authorities, (e.g., California's authority 
under the Clean Air Act to set separate emission standards), to adopt 
and maintain technical regulations that are more stringently protective 
of health and the environment than those established at the global 
level. (Preamble)
     The Agreement explicitly states that one of its purposes 
is to ensure that actions under the Agreement do not promote, or result 
in, a lowering of environmental protection or safety within the 
jurisdiction of the Contracting Parties, including the subnational 
level. (Art. 1)
     To the extent consistent with achieving high levels of 
environmental protection and vehicle safety, the Agreement also seeks 
to promote global harmonization of wheeled vehicle regulations. 
(Preamble)
     The Agreement emphasizes that the development of global 
technical regulations will be transparent. (Art. 1)
     To complement the Agreement's transparency provisions, EPA 
will take steps to ensure transparency in its consideration of global 
regulations being developed under the Agreement. EPA will ensure that 
key documents developed under the Agreement are placed in the 
established public docket for this activity and on the Internet as they 
become available. Further, EPA will accept public comments on such 
documents.
     The Agreement provides two different paths to the 
establishment of global technical regulations. The first is the 
harmonization of existing national regulatory standards or their 
improvement. The second is the development of new global technical 
regulations where there are no existing regulatory standards. (Article 
6.2 and 6.3)
     The process for developing a harmonized global technical 
regulation includes a technical review of existing regulations of the 
Contracting Parties, relevant UN/ECE regulations and international 
voluntary standards. If available, comparative assessments of the 
benefits of these regulations (also known as functional equivalence 
assessments) will be reviewed. (Art. 1.1.2, Article 6.2)
     The process for developing a new global technical 
regulation includes the assessment of technical and economic 
feasibility and a comparative evaluation of the potential benefits and 
cost effectiveness of alternative regulatory requirements and test 
method(s) by which compliance is to be demonstrated. (Article 6.3)
     To establish any global technical regulation, there must 
be a consensus vote. Thus, if any Contracting Party votes against a 
recommended global technical regulation, it would not be established. 
(Annex B, Article 7.2)
     The establishment of a global technical regulation does 
not obligate Contracting Parties to adopt that regulation. Contracting 
Parties retain the right to choose whether or not to adopt any 
technical regulation established as a global technical regulation under 
the Agreement. (Preamble, Article 7)
     Consistent with the recognition of that right, Contracting 
Parties have only a limited obligation when a global technical 
regulation is established under the Agreement. Any Contracting Party 
that voted to establish the regulation must initiate those national 
procedures that are used to adopt any domestic regulation. (Article 7)
     For the U.S., this would mean initiating the rulemaking 
process either by issuing an Advanced Notice of Proposed Rulemaking 
(ANPRM) or a Notice of Proposed Rulemaking (NPRM). If the U.S. EPA were 
to adopt a global technical regulation into national law, it would do 
so in accordance with all applicable procedural and substantive 
statutory provisions, including the Administrative Procedure Act, the 
Clean Air Act, the Noise Control Act and comparable provisions of other 
relevant statutes.
     The Agreement allows for global technical regulations to 
contain a ``global'' level of stringency for most parties and 
``alternative'' levels of stringency for developing countries. In this 
way, all countries can participate in the development, establishment 
and adoption of global technical regulations. The Agreement notes that 
a developing country may initially adopt one of the lower levels of 
stringency and later successively adopt higher levels of stringency. 
(Article 4)

III. Notice of EPA Participation Under the Global Agreement and 
Mechanisms for Public Involvement

    The Agency believes that it must have flexibility so that its 
activities and procedures attendant to the 1998 Global Agreement can 
evolve easily and quickly as the U.S. gains experience in implementing 
the Agreement in a manner that advances environmental protection and 
involves the public.
    EPA recognizes that its activities under the 1998 Agreement could 
lead to the modification of its existing regulations or the possible 
adoption of new globally harmonized regulations. Accordingly, EPA plans 
to provide the public with access to pertinent information developed 
under the global process. The EPA will also provide the public with 
adequate time to review and comment on any potential international 
regulatory activity that the US is considering for adoption. To this 
end, the Agency intends to provide:

A. Access to Information

    The agency intends to publish an annual calendar of meetings and 
listing of global technical regulations under consideration by Working 
Party--29. As documents generated under the Global Agreement become 
available in English to EPA, the agency intends to place them in a 
docket and, whenever possible, make them Internet accessible as well.

B. Notice of Participation in Regulatory Activity Under the 1998 Global 
Agreement

    The EPA intends to publish in the Federal Register a list of those 
regulatory activities under the Global

[[Page 13732]]

Agreement where the U.S. intends to participate in their development. 
The Agency will provide in the notice a description of the issues and 
the basis for U.S. participation.
    Many or all of these documents are currently available on the 
website of the UNECE World Forum for the Harmonization of Vehicle 
Regulations: http://www.unece.org/trans/main/welcwp29.htm

C. Opportunity to Comment

    The agency proposes to seek public comment at key points during the 
development of global technical regulations. In the case of a proposal 
submitted by the U.S. for a new global technical regulation or the 
harmonization of existing regulations, the EPA will give notice, as 
stated above, and request comment.
    However, if the contemplated international regulation concerns a 
top environmental priority which needs to be addressed by the issuance 
of a regulation in the U.S., then the Agency will publish a Federal 
Register notice under the appropriate environmental statute.
    When the administrative body (Working Party 29) determines that a 
draft global regulation is suitable for submission to the Contracting 
Parties of the 1998 Agreement for their consideration, the EPA will 
seek public review and comment. The EPA will provide for adequate time 
for receipt and review of any comments before the U.S. exercises its 
vote on whether to adopt such regulation as a global regulation under 
the United Nations Agreement. It should be emphasized that a U.S. vote 
to adopt a regulation under the Agreement only obligates the U.S., or 
any other Contracting Party, to initiate its domestic regulatory 
process. The U.S., or any other Contracting Party, is not compelled to 
adopt the global regulation into domestic law.

D. Establishment of a Continuing Forum

    The Agency seeks comment regarding the desirability of holding 
periodic public meetings to provide interested parties an opportunity 
to comment on any information they have gained from various sources 
including the Federal Register and the Internet.

IV. The Agency's Priorities in Participating in the Global 
Harmonization Process

    The Agency reaffirms its commitment to the harmonization of 
environmental regulations for wheeled vehicles, equipment and 
components, including engines. However, it will, as a matter of U.S. 
policy, recognize the sovereign right of any country to set regulations 
that provide an appropriate level of protection for that country. To 
that end, the EPA is committed to the development or harmonization of 
global regulations that will provide overall public health protection. 
As a matter of policy, the U.S. will not consider the adoption of 
global regulations that would diminish the level of environmental 
protection of existing regulations in the United States solely to 
achieve harmonization.
    The Agency is also developing a list of recommended regulations 
that it believes should be candidates for future harmonization actions. 
This list, which will be formally submitted to the United Nations under 
this Agreement and kept in a compendium of technical regulations, will 
include both final U.S. EPA regulations that we believe should be 
seriously considered for adoption by other countries as well as future 
technical regulations in areas where new requirements should be 
developed. Examples of regulations that could be included in the 
compendium include the Tier 2 program, the 2007 Heavy-duty diesel 
program, the On-board diagnostic program, the development of driving 
cycles for on-highway motorcycles, and the next phase of standards for 
compression-ignition nonroad engines. We are interested in receiving 
comments on the types of actions EPA should be including in the 
compendium of regulations that will be submitted under the guidelines 
of the Agreement.

V. Public Workshop

    All interested persons and organizations are invited to attend a 
workshop on the issues raised in this notice. The agency intends to 
conduct the workshop informally. The National Highway Traffic Safety 
Administration (NHTSA) which, together with EPA, negotiated the 
Agreement on behalf of the U.S., will participate in this workshop. An 
EPA official will briefly describe the topics discussed in this notice 
and then open the floor for public comment.
    Any person planning to participate should contact Mr. Kenneth Feith 
at the address and telephone number given at the beginning of this 
notice, no later than 10 calendar days before the workshop.

VI. Comments

    The Agency invites all interested parties to submit written 
comments. The agency notes that participation in the public workshop is 
not a prerequisite for submission of written comments. Written comments 
should be sent to the address specified above and follow the 
requirements stated therein.

    Dated: February 27, 2001.
Robert D. Brenner,
Acting Assistant Administrator for Air and Radiation.
[FR Doc. 01-5569 Filed 3-6-01; 8:45 am]
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