[Federal Register Volume 71, Number 61 (Thursday, March 30, 2006)]
[Proposed Rules]
[Pages 16087-16090]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-2980]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 86

[OAR-2006-0160; FRL-8049-5]
RIN 2060-AN67


Control of Air Pollution from New Motor Vehicles: Amendments 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 make minor amendments to the existing Tier 
2 motor vehicle regulations (65 FR 6698, February 10, 2000, hereinafter 
referred to as the Tier 2 rule). These proposed minor amendments are 
consistent with our intention, under the original Tier 2 rule, to 
provide interim compliance flexibilities for clean diesels in the 
passenger car market. While the automotive industry has made rapid 
advancements in light-duty diesel emissions control technologies and 
will, as a result, be able to produce diesel vehicles that can comply 
with the primary regulatory requirements of the Tier 2 program, diesel 
vehicles still face some very limited technological challenges in 
meeting the full suite of Tier 2 requirements. This action would 
provide two voluntary, interim alternative compliance options for a 
very limited set of standards for oxides of nitrogen (NOX), 
including only high altitude and high speed/high acceleration 
conditions. These temporary alternative compliance options are designed 
to be environmentally neutral, as manufacturers choosing them would 
then be required to meet more stringent standards in other aspects of 
the Tier 2 program. The alternative compliance options would last for 
only three model years, during which time advancements in diesel 
emissions control technologies would be further developed.
    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 would not 
take further action on this proposed rule. If we receive adverse 
comment, we would withdraw the portions of the direct final rule 
receiving such comment and those portions would not take effect. We 
would address all public comments in a subsequent final rule based on 
this proposed rule. We would 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 May 1, 2006. Requests for a public hearing must be 
received by April 14, 2006. If we do receive a request for a public 
hearing, it would be held on May 1, 2006, starting at 10 a.m. In that 
case, the public comment period would close on June 28, 2006.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2006-0160, by one of the following methods:
     http://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     Mail: Public Docket No. A-97-10, Environmental Protection 
Agency, Mailcode: 6102T, 1200 Pennsylvania Ave., NW., Washington, DC 
20460.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2006-0160. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http//www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through http//www.regulations.gov or e-
mail. The http//www.regulations.gov Web site is an ``anonymous access'' 
system, which means EPA will not know your identity or contact 
information unless you provide it in the body of your comment. If you 
send an e-mail comment directly to EPA without going through http//
www.regulations.gov your e-mail address will be automatically captured 
and included as part of the comment that is placed in the public docket 
and made available on the Internet. If you submit an electronic 
comment, EPA recommends that you include your name and other contact 
information in the body of your comment and with any disk or CD-ROM you 
submit. If EPA cannot read your comment due to technical difficulties 
and cannot contact you for clarification, EPA may not be able to 
consider your comment. Electronic files should avoid the use of special 
characters, any form of encryption, and be free of any defects or 
viruses.
    Docket: All documents in the docket are listed in the http//
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in http//www.regulations.gov or in hard copy at the Air Docket, EPA/DC, 
EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC. The 
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through 
Friday, excluding legal holidays. The telephone number for the Public 
Reading Room is (202) 566-1744, and the telephone number for the Air 
Docket is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: Todd Sherwood, U.S. EPA, National 
Vehicle and Fuel Emissions Laboratory, Assessment and Standards 
Division, 2000 Traverwood Drive, Ann Arbor, MI 48105; telephone (734) 
214-4405, fax (734) 214-4816, e-mail [email protected].

SUPPLEMENTARY INFORMATION: EPA is proposing to make minor amendments to 
the existing Tier 2 motor vehicle regulations (65 FR 6698, February 10, 
2000, hereinafter referred to as the Tier 2 rule). These minor 
amendments are consistent with our intention, under the original Tier 2 
rule, to provide interim flexibilities for clean diesels in the 
passenger car market. This action would provide two voluntary 
alternative compliance options for a very limited set of standards for 
oxides of nitrogen (NOX) (high altitude and high speed/hard 
acceleration). The alternative compliance options would last for only 
three model years, during which time advancements in diesel emissions 
control technologies would be further developed.

[[Page 16088]]

    In the ``Rules and Regulations'' section of this Federal Register, 
we are making these minor amendments as a direct final rule without 
prior proposal because we view these amendments as noncontroversial 
revisions 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 June 28, 2006 unless we receive adverse 
comment by May 1, 2006, or if we receive a request for a public hearing 
by April 14, 2006. If we receive no adverse comment, we will take no 
further action on this proposed rule.

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 proposed 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/fedrgstr/EPA-AIR/ 
(either select a desired date or use the Search feature).
    EPA Office of Transportation and Air Quality Web site for Tier 2 
Vehicle and Gasoline Sulfur Program Amendments: http://www.epa.gov/tier2/amendments.htm.
    Please note that changes in format, page length, etc., may occur 
due to computer software differences.

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

I. Overview of Alternative Compliance Options

    In the ``Rules and Regulations'' section of this Federal Register, 
we are making two minor amendments to the Tier 2 program as a direct 
final rule without prior proposal. As noted above, we are doing this 
because we view these minor amendments as noncontroversial and 
anticipate no adverse comment. We have explained our reasons for making 
these minor amendments 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.

II. 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:
     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;
     Create a serious inconsistency or otherwise interfere with 
an action taken or planned by another agency;
     Materially alter the budgetary impact of entitlements, 
grants, user fees, or loan programs or the rights and obligations of 
recipients thereof; or,
     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.
    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 in 40 CFR are listed in 40 CFR part 9.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to prepare a regulatory flexibility analysis of any 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

[[Page 16089]]

organizations, and small governmental jurisdictions.
    For purposes of assessing the impacts of today's proposed 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, we certify that this action will not have a significant 
economic impact on a substantial number of small entities. In 
determining whether a rule has a significant economic impact on a 
substantial number of small entities, the impact of concern is any 
significant adverse economic impact on small entities, since the 
primary purpose of the regulatory flexibility analyses is to identify 
and address regulatory alternatives ``which minimize any significant 
economic impact of the rule on small entities.'' 5 U.S.C. 603 and 604. 
Thus, an agency may certify that a rule will not have a significant 
economic impact on a substantial number of small entities if the rule 
relieves regulatory burden, or otherwise has a positive economic effect 
on all of the small entities subject to the rule.
    This proposed rule would not have any adverse economic impact on 
small entities. Today's rule revises certain provisions of the Tier 2 
rule (65 FR 6698, February 10, 2000), such that regulated entities have 
more flexibility in complying with the requirements of the Tier 2 rule. 
More specifically, today's action provides alternative compliance 
options that relax very limited elements of the Tier 2 standards in 
return for greater stringency in other, broader elements of the 
standards. We continue to be interested in the potential impacts of the 
proposed rule on small entities and welcome comments on issues related 
to such impacts.

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 to 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 would 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 providing alternative compliance options within 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.'' 
The phrase ``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, unless 
the Federal government provides the funds necessary to pay the direct 
compliance costs incurred by state and local governments, or we consult 
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 we consult 
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 would 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 would 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 provides alternative 
compliance options for complying with existing rules that adopted 
national standards to control vehicle emissions and gasoline fuel 
sulfur levels. The requirements of the rule would 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

[[Page 16090]]

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 
rule does not uniquely affect the communities of American Indian tribal 
governments since the motor vehicle requirements for private businesses 
in today's rule would 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 would 
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 proposed 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: March 21, 2006.
Stephen L. Johnson,
Administrator.
[FR Doc. 06-2980 Filed 3-29-06; 8:45 am]
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