[Federal Register Volume 71, Number 168 (Wednesday, August 30, 2006)]
[Proposed Rules]
[Pages 51542-51545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-14428]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 9 and 86

[EPA-HQ-OAR-2005-0474; FRL-8214-8]
RIN 2060-AN70


Amendments to Regulations for Heavy-Duty Diesel Engines

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Proposed Rulemaking.

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SUMMARY: In a rule published January 18, 2001, EPA promulgated several 
new standards for heavy-duty highway diesel engines and vehicles 
beginning in model year 2007. In this rulemaking we are proposing to 
make some technical amendments to the regulations to correct 
typographical errors, revise references, remove old provisions, and to 
revise some provisions regarding deterioration factors to be identical 
to those for nonroad diesel engines certified under the Tier 4 rule, 
published June 29, 2004.

DATES: Written comments must be received by September 29, 2006. Request 
for a public hearing must be received by September 14, 2006. If we 
receive a request for a public hearing, we will publish information 
related to the timing and location of the hearing and the timing of a 
new deadline for public comments.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2005-0474, by one of the following methods:
     http://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     E-mail: [email protected].
     Fax: (202) 566-1741.
     Mail: U.S. Environmental Protection Agency, EPA West 
Building, 1200 Pennsylvania Ave., NW., Room: B108 Mail Code: 6102T, 
Washington, DC 20460. Deliveries are only accepted during the Docket's 
normal hours of operation from 8:30 a.m. to 4:30 p.m., Monday through 
Friday, except on government holidays. If your Docket requires the 
submission of multiple copies, please insert the following here:
     Please include a total of copies.
     If the NPRM involves an ICR that will be submitted to OMB 
for review and approval under 5 CFR 1320.11, then you must also include 
the following language pursuant to 1320.11(a): ``In addition, please 
mail a copy of your comments on the information collection provisions 
to the Office of Information and Regulatory Affairs, Office of 
Management and Budget (OMB), Attn: Desk Officer for EPA, 725 17th St. 
NW., Washington, DC 20503.''
     Hand Delivery: EPA Docket Center (Air Docket), 
U.S. Environmental Protection Agency, EPA West Building, 1301 
Constitution Avenue, NW., Room: B108 Mail Code: 6102T, Washington, DC. 
Such deliveries are only accepted during the Docket's normal hours of 
operation from 8:30 a.m. to 4:30 p.m., Monday through Friday, except on 
government holidays, and special arrangements should be made for 
deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2005-0474. 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. For additional information about EPA's public 
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    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 EPA Docket Center 
(EPA/DC), Air Docket, Public Reading Room, Room B108, 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 Air 
Docket by telephone at (202) 566-1742 and by facsimile at (202) 566-
1741. You may be charged a reasonable fee for photocopying docket 
materials, as provided in 40 CFR part 2.

FOR FURTHER INFORMATION CONTACT: Zuimdie Guerra, Assessment and 
Standards Division, e-mail [email protected], voice-mail (734) 
214-4387.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Background

    In the ``Rules and Regulations'' section of this Federal Register, 
we are making these revisions as a direct final rule without prior 
proposal because we view these revisions as noncontroversial and 
anticipate no adverse comment.
    We have explained our reasons for these revisions 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 on the rule, or on one or more distinct actions in the rule, we 
will withdraw the direct final rule, or the portions of the rule 
receiving adverse comment. 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.

[[Page 51543]]

Any parties interested in commenting must do so at this time.

B. Regulated Entities

    This action will affect companies that manufacture and certify 
heavy-duty highway diesel engines in the United States.

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           Category             NAICS code \a\              Examples of potentially affected entities
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Industry.....................  336112..........  Engine and Truck Manufacturers.
Industry.....................  33612...........  Heavy-duty Engine and Truck Manufacturers.
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\a\ North American Industry Classification System (NAICS).

    To determine whether particular activities may be affected by this 
action, you should carefully examine the regulations. You may direct 
questions regarding the applicability of this action as noted in FOR 
FURTHER INFORMATION CONTACT.

C. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
http://www.regulations.gov or e-mail. Clearly mark the part or all of 
the information that you claim to be CBI. For CBI information in a disk 
or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM 
as CBI and then identify electronically within the disk or CD ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    2. Tips for Preparing Your Comments. When submitting comments, 
remember to:
     Identify the rulemaking by docket number and other 
identifying information (subject heading, Federal Register date and 
page number).
     Follow directions--The agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
     Explain why you agree or disagree; suggest alternatives 
and substitute language for your requested changes.
     Describe any assumptions and provide any technical 
information and/or data that you used.
     If you estimate potential costs or burdens, explain how 
you arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
     Provide specific examples to illustrate your concerns, and 
suggest alternatives.
     Explain your views as clearly as possible, avoiding the 
use of profanity or personal threats.
     Make sure to submit your comments by the comment period 
deadline identified.

C. How Can I Get Copies of This Document and Send Comments?

    See the direct final rule EPA has published in the ``Rules and 
Regulations'' section of today's Federal Register for information about 
accessing these documents. The direct final rule also includes detailed 
instructions for sending comments to EPA.

II. Summary of Rule

    This proposed rule would make slight revisions to the regulations 
to implement the following minor amendments:
     Removing several sections that describe regulatory 
requirements for model years before 1996, and before 2001 for Selective 
Enforcement Auditing. Discontinuing publication of these sections does 
not affect the manufacturers' responsibility to continue meeting 
standards for any vehicles or engines that may still be operating 
within the regulatory useful life.
     Referring provisions for certification fees in part 86 
subpart J to part 85 subpart Y, since they have been completely 
replaced in part 85 starting with the 2004 model year.
     Requiring engine manufacturers to name an agent for 
service in the United States in Sec.  86.007-21, Sec.  86.416-80, Sec.  
86.437-78, and Sec.  86.1844-01.
     Revising deterioration factor provisions in Sec.  86.004-
28(c)(4)(iii)(B).
     Correcting a typographical error in the equation in Sec.  
86.007-11(a)(2)(v).
     Adding paragraph (j) to Sec.  86.007-35 to ensure that the 
recently added provision that allows labeling flexibility to heavy-duty 
engines extends to 2007 and later model years.
     Revising Sec.  86.1213-94 to reference the fuel 
specifications in part 86, subpart N.
     Republishing Sec.  86.1360(c), which was removed in the 
migration of test procedures to 40 CFR part 1065, because there is a 
reference to it in Sec.  86.1370-2007 and in Sec.  86.1380-2004.
     Citing the incorporation by reference of several technical 
standards related to on-board diagnostics in Sec.  86.1806-01.
     Correcting reference to LDVs, LDTs and heavy-duty vehicles 
in CFR Sec.  86.1806-04(j) and Sec.  86.1806-05(j).
     Correcting a mistake made in the 2004 Heavy-Duty rule that 
accidentally omitted paragraphs (c) and (d) from Sec.  86.1840-01.
    EPA does not expect that the technical amendments will have any 
adverse cost impact to the manufacturers. There are no testing costs 
associated with the technical amendments proposed. There is no 
environmental impact associated with this regulatory action because 
this proposed rule does not propose to change the heavy-duty highway 
diesel engine emission standards that manufactures have to meet; it 
simply make some technical amendments to the rule.
    For additional discussion of the proposed rule changes, see the 
direct final rule EPA has published in the ``Rules and Regulations'' 
section of today's Federal Register. This proposal incorporates by 
reference all the reasoning, explanation, and regulatory text from the 
direct final rule.

III. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order (EO) 12866 (58 FR 51735, October 4, 1993) and 
is therefore not subject to review under the EO. This proposed rule is 
not a significant regulatory action as it merely makes a slight 
revision to the regulations to correct typographical errors, revise 
references, restore sections, conciliate provisions with our nonroad 
engine regulations and remove old provisions for highway heavy-duty 
diesel engines. There are no new costs associated with this rule. A 
Final Regulatory Support Document was prepared in connection with the 
original regulations for heavy-duty diesel engines and vehicles 
beginning in model year 2007 (HD 2007 rule), which was signed December 
21, 2000 and published January 18, 2001

[[Page 51544]]

(66 FR 5002) and we have no reason to believe that our analysis in the 
original rulemaking is inadequate. The relevant analysis is available 
in the docket for the December 21, 2000 rulemaking (66 FR 5002) and at 
the following Internet address: http://www.epa.gov/otaq/diesel.htm. The original action (66 FR 5002) was submitted to 
the Office of Management and Budget for review under Executive Order 
12866.

B. Paperwork Reduction Act

    This proposed rule does not include any new collection 
requirements, as it merely makes a slight revision to the regulations 
to correct typographical errors, revise references, restore sections, 
conciliate provisions with our nonroad engine regulations and remove 
old provisions for highway heavy-duty diesel engines. There are no new 
paperwork requirements associated with this rule. The information 
collection requirements (ICR) for the original heavy-duty diesel 
engines and vehicles rulemaking were approved by the Office of 
Management and Budget (OMB) under the Paperwork Reduction Act, 44 
U.S.C. 3501 et seq. and assigned OMB control number 2060-0104, EPA ICR 
number 0783.47. A copy of the OMB approved Information Collection 
Request (ICR) may be obtained from Susan Auby, Collection Strategies 
Division; U.S. Environmental Protection Agency (2822T); 1200 
Pennsylvania Ave., NW., Washington, DC 20460 or by calling (202) 566-
1672.
    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 organizations, and small governmental jurisdictions.
    For purposes of assessing the impacts of this proposed rule on 
small entities, a small entity is defined as: (1) A small business that 
meet the definition for business based on SBA size standards at 13 CFR 
121.201; (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 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 merely makes a slight revision to the 
regulations to correct typographical errors, revise references, restore 
sections, conciliate provisions with our nonroad engine regulations and 
remove old provisions for highway heavy-duty diesel engines. We have 
therefore concluded that today's proposed rule will relieve regulatory 
burden for all affected small entities. 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

    This proposed rule contains no Federal mandates for state, local, 
or tribal governments as defined by the provisions of Title II of the 
UMRA. The proposed rule imposes no enforceable duties on any of these 
governmental entities. Nothing in the proposed rule would significantly 
or uniquely affect small governments. EPA has determined that this rule 
contains no regulatory requirements that might significantly or 
uniquely affect small governments.
    This proposed rule merely makes a revision to the regulations to 
provide an additional option for selecting the deterioration factor for 
highway heavy duty diesel engines. The requirements of UMRA therefore 
do not apply to this action. See the direct final rule EPA has 
published in the ``Rules and Regulations'' section of today's Federal 
Register for a more extensive discussion of UMRA policy.

E. Executive Order 13132: Federalism

    This proposed 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 proposed rule merely makes 
a revision to the regulations to correct typographical errors, revise 
references, restore sections, conciliate provisions with our nonroad 
engine regulations and remove old provisions for highway heavy-duty 
diesel engines. See the direct final rule EPA has published in the 
``Rules and Regulations'' section of today's Federal Register for a 
more extensive discussion of Executive Order 13132. In the spirit of 
Executive Order 13132, and consistent with EPA policy to promote 
communications between EPA and State and local governments, EPA 
specifically solicits comment on this proposed rule from State and 
local officials.

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

    This proposed rule does not have tribal implications. It will not 
have substantial direct effects on tribal governments, on the 
relationship between the Federal government and Indian tribes, or on 
the distribution of power and responsibilities between the Federal 
government and Indian tribes, as specified in Executive Order 13175. 
This proposed rule does not uniquely affect the communities of Indian 
Tribal Governments. Further, no circumstances

[[Page 51545]]

specific to such communities exist that would cause an impact on these 
communities beyond those discussed in the other sections of this rule. 
This proposed rule merely makes a revision to the regulations to 
correct typographical errors, revise references, restore sections, 
conciliate provisions with our nonroad engine regulations and remove 
old provisions for highway heavy-duty diesel engines. Thus, Executive 
Order 13175 does not apply to this rule. See the direct final rule EPA 
has published in the ``Rules and Regulations'' section of today's 
Federal Register for a more extensive discussion of Executive Order 
13132.

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

    This proposed rule is not subject to the Executive Order because it 
is not economically significant, and does not involve decisions on 
environmental health or safety risks that may disproportionately affect 
children. See the direct final rule EPA has published in the ``Rules 
and Regulations'' section of today's Federal Register for a more 
extensive discussion of Executive Order 13045.

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 and Advancement Act

    This proposed rule does not involve technical standards. It merely 
makes a revision to the regulations to correct typographical errors, 
revise references, restore sections, conciliate provisions with our 
nonroad engine regulations and remove old provisions for highway heavy-
duty diesel engines. Thus, we have determined that the requirements of 
the NTTAA do not apply. See the direct final rule EPA has published in 
the ``Rules and Regulations'' section of today's Federal Register for a 
more extensive discussion of NTTAA policy.

J. Statutory Authority

    The statutory authority for this action comes from section 202 of 
the Clean Air Act as amended (42 U.S.C. 7521). This action is a notice 
of proposed rulemaking subject to the provisions of Clean Air Act 
section 307(d). See 42 U.S.C. 7607(d).

List of Subjects

40 CFR Part 9

    Reporting and recordkeeping requirements.

40 CFR Part 86

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Motor vehicle pollution, Reporting and 
recordkeeping requirements.

    Dated: August 24, 2006.
Stephen L. Johnson,
Administrator.
 [FR Doc. E6-14428 Filed 8-29-06; 8:45 am]
BILLING CODE 6560-50-P