[Federal Register Volume 67, Number 235 (Friday, December 6, 2002)]
[Proposed Rules]
[Pages 72818-72820]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-30842]



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Part IV





Environmental Protection Agency





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40 CFR Part 86



Control of Air Pollution From New Motor Vehicles: Amendment to the Tier 
2 Motor Vehicle Emission Regulations; Proposed Rule and Final Rule

  Federal Register / Vol. 67, No. 235 / Friday, December 6, 2002 / 
Proposed Rules  

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 86

[AMS-FRL-7416-6]
RIN 2060-AI23


Control of Air Pollution from New Motor Vehicles: Amendment to 
the Tier 2 Motor Vehicle Emission Regulations; Proposed Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed rulemaking.

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SUMMARY: EPA is proposing to clarify and revise certain provisions of 
the Tier 2/Gasoline Sulfur regulations (65 FR 6698, February 10, 2000, 
hereinafter referred to as the Tier 2 rule). Today's action proposes 
minor revisions to clarify the regulations governing compliance with 
the Tier 2 rule, and it proposes to modify the Tier 2 program to 
provide for cleaner diesel engines than were anticipated during the 
interim Tier 2 program (through the 2006 model year).
    In the ``Rules and Regulations'' section of this Federal Register, 
we are making these technical amendments as a direct final rule without 
prior proposal because we view these technical amendments as 
noncontroversial revisions and anticipate no adverse comment.
    We have explained our reasons for these technical amendments in the 
preamble to the direct final rule. If we receive no adverse comment, we 
will not take further action on this proposed rule. If we receive 
adverse comment, we will withdraw the portions of the direct final rule 
receiving such comment and those portions will not take effect. We will 
address all public comments in a subsequent final rule based on this 
proposed rule. We will not institute a second comment period on this 
action. Any parties interested in commenting must do so at this time.

DATES: If we do not receive a request for a public hearing, written 
comments are due January 6, 2003. Requests for a public hearing must be 
received by December 23, 2002. If we do receive a request for a public 
hearing, it will be held on January 9, 2003, starting at 10 a.m. In 
that case, the public comment period will close on February 10, 2003.

ADDRESSES:
    Comments: All comments and materials relevant to today's action 
should be submitted to Public Docket No. A-97-10 at the following 
address: Environmental Protection Agency, EPA Docket Center (EPA/DC), 
Air and Radiation Docket, Mail Code 6102T, 1200 Pennsylvania Avenue, 
NW., Washington, DC 20460.
    Hearing: If we do receive a request for a public hearing, it will 
be held at the EPA National Vehicle and Fuel Emissions Laboratory, 2000 
Traverwood Drive, Ann Arbor, Michigan.
    Docket: Materials relevant to this rulemaking are contained in 
Public Docket Number A-97-10 at the following address: EPA Docket 
Center (EPA/DC), Public Reading Room, Room B102, EPA West Building, 
1301 Constitution Avenue, NW., Washington DC. The EPA Docket Center 
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through 
Friday, except on government holidays. You can reach the Reading Room 
by telephone at (202) 566-1742, and by facsimile at (202) 566-1741. The 
telephone number for the Air Docket is (202) 566-1742. You may be 
charged a reasonable fee for photocopying docket materials, as provided 
in 40 CFR part 2.

FOR FURTHER INFORMATION CONTACT: Roberts French, U.S. EPA, National 
Vehicle and Fuel Emissions Laboratory, Assessment and Standards 
Division, 2000 Traverwood Drive, Ann Arbor, MI 48105; telephone (734) 
214-4380, fax (734) 214-4050, e-mail [email protected].

SUPPLEMENTARY INFORMATION: EPA is proposing to clarify and revise 
certain provisions of the Tier 2/Gasoline Sulfur regulations (65 FR 
6698, February 10, 2000, hereinafter referred to as the Tier 2 rule). 
Today's action proposes minor revisions to clarify the regulations 
governing compliance with the Tier 2 rule, and it proposes to modify 
the Tier 2 program to provide for the certification of cleaner diesel 
engines than were anticipated during the interim Tier 2 program 
(through the 2006 model year).
    However, in the ``Rules and Regulations'' section of today's 
Federal Register, we are promulgating these revisions as a direct final 
rule without a prior proposal because we view this as a 
noncontroversial action and anticipate no adverse comment. We have 
explained our reasons for this action in the preamble to the direct 
final rule. This proposal incorporates by reference all of the 
reasoning, explanation, and regulatory text from the direct final rule. 
For further information, including the regulatory text for this 
proposal, please refer to the direct final rule that is located in the 
``Rules and Regulations'' section of this Federal Register publication. 
The direct final rule will be effective on March 6, 2003, unless we 
receive adverse comment by January 6, 2003, or if we receive a request 
for a public hearing by December 23, 2002. If we receive no adverse 
comment, we will not take further action on this proposed rule. If we 
receive adverse comment on one or more distinct amendments, paragraphs, 
or sections of this rulemaking, we will publish a timely withdrawal in 
the Federal Register indicating which provisions are being withdrawn 
due to adverse comment. We may address all adverse comments in a 
subsequent final rule based on this proposed rule. We will not 
institute a second comment period on this action. Any parties 
interested in commenting must do so at this time. Any distinct 
amendment, paragraph, or section of today's rulemaking for which we do 
not receive adverse comment will become effective on the date set out 
above, notwithstanding any adverse comment on any other distinct 
amendment, paragraph, or section of the direct final rule.

I. Regulated Entities

    Entities potentially affected by this action are those that 
manufacture and sell motor vehicles in the United States. The table 
below gives some examples of entities that may have to comply with the 
regulations. However, since these are only examples, you should 
carefully examine these and other existing regulations in 40 CFR part 
80. If you have any questions, please call the person listed in the FOR 
FURTHER INFORMATION CONTACT section above.

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                   Category                     NAICS codes \a\   SIC  codes \b\                Examples of potentially regulated entities
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Industry......................................          336111             3711   Automobile and light truck manufacturers.
                                                        336112
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\a\ North American Industry Classification System (NAICS).
\b\ Standard Industrial Classification (SIC) system code.


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II. Access to Rulemaking Documents Through the Internet

    Today's action is available electronically on the date of 
publication from EPA's Federal Register Internet Web site listed below. 
Electronic copies of this preamble, regulatory language, and other 
documents associated with today's final rule are available from the EPA 
Office of Transportation and Air Quality Web site listed below shortly 
after the rule is signed by the Administrator. This service is free of 
charge, except any cost that you already incur for connecting to the 
Internet.
    EPA Federal Register Web site: http://www.epa.gov/docs/fedrgstr/epa-air/ (either select a desired date or use the Search feature).
    Please note that due to differences between the software used to 
develop the documents and the software into which the documents may be 
downloaded, changes in format, page length, etc., may occur.

III. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), the 
Agency is required to determine whether this regulatory action would be 
``significant'' and therefore subject to review by the Office of 
Management and Budget (OMB) and the requirements of the Executive 
Order. The order defines a ``significant regulatory action'' as any 
regulatory action that is likely to result in a rule that may:
    [sbull] Have an annual effect on the economy of $100 million or 
more or adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or state, local, or tribal governments or 
communities;
    [sbull] Create a serious inconsistency or otherwise interfere with 
an action taken or planned by another agency;
    [sbull] Materially alter the budgetary impact of entitlements, 
grants, user fees, or loan programs or the rights and obligations of 
recipients thereof; or,
    [sbull] Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    Pursuant to the terms of Executive Order 12866, we have determined 
that this proposed rule is not a ``significant regulatory action.''

B. Paperwork Reduction Act

    The Paperwork Reduction Act of 1980, 44 U.S.C. 3501 et seq., and 
implementing regulations, 5 CFR part 1320, do not apply to this action 
as it does not involve the collection of information as defined 
therein.

C. Regulatory Flexibility Act

    The RFA generally requires an agency to prepare a regulatory 
flexibility analysis of any proposed rule subject to notice and comment 
rulemaking requirements under the Administrative Procedure Act or any 
other statute unless the agency certifies that the rule will not have a 
significant economic impact on a substantial number of small entities. 
Small entities include small businesses, small organizations, and small 
governmental jurisdictions.
    For purposes of assessing the impacts of today's direct final rule 
on small entities, small entity is defined as: (1) A motor vehicle 
manufacturer with fewer than 1000 employees; (2) a small governmental 
jurisdiction that is a government of a city, county, town, school 
district or special district with a population of less than 50,000; and 
(3) a small organization that is any not-for-profit enterprise which is 
independently owned and operated and is not dominant in its field. 
After considering the economic impacts of today's proposed rule on 
small entities, I certify that this proposed action would not have a 
significant economic impact on a substantial number of small entities. 
This proposed rule would not have any adverse economic impact on small 
entities. Today's proposed rule proposes to amend certain provisions of 
the Tier 2 rule (65 FR 6698, February 10, 2000), such that regulated 
entities will find it easier to comply with the requirements of the 
Tier 2 rule. More specifically, today's action proposes to make minor 
revisions to clarify the regulations governing compliance with the Tier 
2 rule.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for federal agencies to assess the 
effects of their regulatory actions on state, local, and tribal 
governments, and the private sector. Under section 202 of the UMRA, we 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``federal mandates'' that 
may result in expenditures to state, local, and tribal governments, in 
the aggregate, or to the private sector, of $100 million or more for 
any single year. Before promulgating a rule for which a written 
statement is needed, section 205 of the UMRA generally requires us to 
identify and consider a reasonable number of regulatory alternatives 
and adopt the least costly, most cost-effective, or least burdensome 
alternative that achieves the objectives of the rule. The provisions of 
section 205 do not apply when they are inconsistent with applicable 
law. Moreover, section 205 allows us to adopt an alternative that is 
not the least costly, most cost-effective, or least burdensome 
alternative if we provide an explanation in the final rule of why such 
an alternative was adopted.
    Before we establish any regulatory requirement that may 
significantly or uniquely affect small governments, including tribal 
governments, we must develop a small government plan pursuant to 
section 203 of the UMRA. Such a plan must provide for notifying 
potentially affected small governments, and enabling officials of 
affected small governments to have meaningful and timely input in the 
development of our regulatory proposals with significant federal 
intergovernmental mandates. The plan must also provide for informing, 
educating, and advising small governments on compliance with the 
regulatory requirements.
    This rule contains no federal mandates for state, local, or tribal 
governments as defined by the provisions of Title II of the UMRA. The 
rule imposes no enforceable duties on any of these governmental 
entities. Nothing in the rule will significantly or uniquely affect 
small governments.
    We have determined that this rule does not contain a federal 
mandate that may result in estimated expenditures of more than $100 
million to the private sector in any single year. This action has the 
net effect of revising certain provisions of the Tier 2 rule. 
Therefore, the requirements of the UMRA do not apply to this action.

E. Executive Order 13132: Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999), requires us to develop an accountable process to ensure 
``meaningful and timely input by state and local officials in the 
development of regulatory policies that have federalism implications.'' 
``Policies that have federalism implications'' is defined in the 
Executive Order to include regulations that have ``substantial direct 
effects on the states, on the relationship between the national 
government and the states, or on the distribution of power and 
responsibilities among the various levels of government.
    Under section 6 of Executive Order 13132, we may not issue a 
regulation that has federalism implications, that imposes substantial 
direct compliance costs, and that is not required by statute,

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unless the federal government provides the funds necessary to pay the 
direct compliance costs incurred by state and local governments, or we 
consults with state and local officials early in the process of 
developing the proposed regulation. We also may not issue a regulation 
that has federalism implications and that preempts state law, unless 
the Agency consults with state and local officials early in the process 
of developing the proposed regulation.
    Section 4 of the Executive Order contains additional requirements 
for rules that preempt state or local law, even if those rules do not 
have federalism implications (i.e., the rules will not have substantial 
direct effects on the states, on the relationship between the national 
government and the states, or on the distribution of power and 
responsibilities among the various levels of government). Those 
requirements include providing all affected state and local officials 
notice and an opportunity for appropriate participation in the 
development of the regulation. If the preemption is not based on 
express or implied statutory authority, we also must consult, to the 
extent practicable, with appropriate state and local officials 
regarding the conflict between state law and federally protected 
interests within the Agency's area of regulatory responsibility.
    This rule does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government, as 
specified in Executive Order 13132. This rule revises certain 
provisions of earlier rules that adopted national standards to control 
vehicle emissions and gasoline fuel sulfur levels. The requirements of 
the rule will be enforced by the federal government at the national 
level. Thus, the requirements of section 6 of the Executive Order do 
not apply to this rule.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000), 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal implications.'' This proposed rule does not 
have tribal implications, as specified in Executive Order 13175. 
Today's proposed rule does not uniquely affect the communities of 
American Indian tribal governments since the motor vehicle requirements 
for private businesses in today's rule will have national 
applicability. Furthermore, today's rule does not impose any direct 
compliance costs on these communities and no circumstances specific to 
such communities exist that will cause an impact on these communities 
beyond those discussed in the other sections of today's document. Thus, 
Executive Order 13175 does not apply to this rule.

G. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks

    Executive Order 13045, ``Protection of Children from Environmental 
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997) applies 
to any rule that (1) is determined to be ``economically significant'' 
as defined under Executive Order 12866, and (2) concerns an 
environmental health or safety risk that we have reason to believe may 
have a disproportionate effect on children. If the regulatory action 
meets both criteria, section 5-501 of the Executive Order directs us to 
evaluate the environmental health or safety effects of the planned rule 
on children, and explain why the planned regulation is preferable to 
other potentially effective and reasonably feasible alternatives 
considered by us.
    This rule is not subject to the Executive Order because it is not 
an economically significant regulatory action as defined by Executive 
Order 12866. Furthermore, this rule does not concern an environmental 
health or safety risk that we have reason to believe may have a 
disproportionate effect on children.

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This rule is not subject to Executive Order 13211, ``Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a 
significant regulatory action under Executive Order 12866.

I. National Technology Transfer Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), section 12(d) of Public Law 104-113, directs us to 
use voluntary consensus standards in our regulatory activities unless 
it would be inconsistent with applicable law or otherwise impractical. 
Voluntary consensus standards are technical standards (e.g., materials 
specifications, test methods, sampling procedures, and business 
practices) developed or adopted by voluntary consensus standards 
bodies. The NTTAA directs us to provide Congress, through OMB, 
explanations when we decide not to use available and applicable 
voluntary consensus standards.
    This rule references technical standards adopted by us through 
previous rulemakings. No new technical standards are established in 
today's rule. The standards referenced in today's rule involve the 
measurement of gasoline fuel parameters and motor vehicle emissions.

III. Statutory Provisions and Legal Authority

    Statutory authority for today's final rule is found in the Clean 
Air Act, 42 U.S.C. 7401 et seq., in particular, section 202 of the Act, 
42 U.S.C. 7521. This rule is being promulgated under the administrative 
and procedural provisions of Clean Air Act section 307(d), 42 U.S.C. 
7607(d).

List of Subjects in 40 CFR Part 86

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

    Dated: November 26, 2002.
Christine Todd Whitman,
Administrator.
[FR Doc. 02-30842 Filed 12-5-02; 8:45 am]
BILLING CODE 6560-50-P