[Federal Register Volume 71, Number 168 (Wednesday, August 30, 2006)]
[Rules and Regulations]
[Pages 51481-51489]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-14429]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 9 and 86

[EPA-HQ-OAR-2005-0474; FRL-8214-9]
RIN 2060-AN70


Amendments to Regulations for Heavy-Duty Diesel Engines

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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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 making 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: This direct final rule is effective on October 30, 2006 without 
further notice, unless we receive adverse comments by September 29, 
2006 or receive a request for a public hearing by September 14, 2006. 
If we receive any adverse comments on this direct final rule, or on one 
or more amendments in this direct final rule, or receive a request for 
a hearing within the time frame described above, we will publish a 
timely withdrawal in the Federal Register informing the public that 
this rule, or the provisions of this rule that are the subject of 
adverse comment, will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2005-0474, by one of the following methods:
     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:
     [rtrif] Please include a total of copies.
     [rtrif] 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 
www.regulations.gov, including any personal information provided, 
unless the comment includes information

[[Page 51482]]

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 
www.regulations.gov or e-mail. The 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 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 
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 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

    EPA is publishing this rule without a prior proposal because we 
view this action as noncontroversial and anticipate no adverse comment. 
However, in the ``Proposed Rules'' section of today's Federal Register 
publication, we are publishing a separate document that will serve as 
the proposal to adopt the provisions in this Direct Final Rule if 
adverse comments are filed. This rule will be effective on October 30, 
2006 without further notice unless we receive adverse comment by 
September 29, 2006 or a request for a public hearing by September 14, 
2006. If we receive adverse comment on one more distinct provisions of 
this rule, 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 
the 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 provisions of today's rulemkaing 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 
provisions of today's rule.

A. 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.

B. How Can I Get Copies of This Document?

    1. Docket. EPA has established an official public docket for this 
action under Air Docket Number EPA-HQ-OAR-2005-0474. The official 
public docket consists of the documents specifically referenced in this 
action, any public comments received, and other information related to 
this action. Although a part of the official docket, the public docket 
does not include Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. The official 
public docket is the collection of materials that is available for 
public viewing at the Air Docket in the EPA Docket Center (EPA/DC), EPA 
West Building, Room B108, 1301 Constitution Ave., 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, 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.
    2. Electronic Access. This direct final rule is available 
electronically from the EPA Internet Web site. This service is free of 
charge, except for any cost incurred for internet connectivity. The 
electronic version of this final rule is made available on the date of 
publication on the primary Web site listed below. The EPA Office of 
Transportation and Air Quality also publishes Federal Register notices 
and related documents on the secondary Web site listed below.
    1. http://www.epa.gov/docs/fedrgstr/EPA-AIR (either select desired 
date or use Search features).
    2. http://www.epa.gov/otaq (look in What's New or under the 
specific rulemaking topic).
    Please note that due to differences between the software used to 
develop the documents and the software into which the document may be 
downloaded, format changes may occur.

C. How and To Whom Do I Submit Comments?

    You may summit comments on this direct final rule as described in 
this section. You should note that we are also publishing a notice of 
proposed rulemaking in the ``Proposed Rules'' section of today's 
Federal Register, which matches the substance of this direct final 
rule. Your comments on this direct final rule will be considered to 
also be applicable to that notice of proposed rulemaking. If we receive 
any

[[Page 51483]]

adverse comments on this direct final rule or receive a request for a 
hearing within the time frame described above, we will publish a timely 
withdrawal in the Federal Register informing the public that this rule, 
or the provisions of this rule receiving adverse comment, will not take 
effect. We may then take final action in a final rule based on the 
accompanying proposal. We will not institute a second comment period.
    You may submit comments electronically, by mail, by facsimile, or 
through hand delivery/courier. To ensure proper receipt by EPA, 
identify the appropriate docket identification number in the subject 
line on the first page of your comment. Please ensure that your 
comments are submitted within the specified comment period. Comments 
received after the close of the comment period will be marked ``late.'' 
EPA is not required to consider these late comments.
    1. Electronically. If you submit an electronic comment as 
prescribed below, EPA recommends that you include your name, mailing 
address, and an e-mail address or other contact information in the body 
of your comment. Also include this contact information on the outside 
of any disk or CD ROM you submit, and in any cover letter accompanying 
the disk or CD ROM. This ensures that you can be identified as the 
submitter of the comment and allows EPA to contact you in case EPA 
cannot read your comment due to technical difficulties or needs further 
information on the substance of your comment. EPA's policy is that EPA 
will not edit your comment, and any identifying or contact information 
provided in the body of a comment will be included as part of the 
comment that is placed in the official public docket, and made 
available in EPA's electronic public docket. 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.
    i. EPA dockets. Your use of EPA's electronic public docket to 
submit comments to EPA electronically is EPA's preferred method for 
receiving comments directly to EPA Dockets at www.regulations.gov and 
follow the online instructions for submitting comments. Once in the 
system, select ``search,'' and then key in Docket ID No. EPA-HQ-OAR-
2005-0474. The system is an ``anonymous access'' system, which means 
EPA will not know your identity, e-mail address, or other contact 
information unless you provide it in the body of your comment.
    ii. E-mail. Comments may be sent by electronic mail (e-mail) to [email protected] Attention Air Docket ID No. EPA-HQ-OAR-2005-0474. 
In contrast to EPA's electronic public docket, EPA's e-mail system is 
not an ``anonymous access'' system. If you send an e-mail comment 
directly to the Docket without going through EPA's electronic public 
docket, EPA's e-mail system automatically captures your e-mail address. 
E-mail addresses that are automatically captured by EPA's e-mail system 
are included as part of the comment that is placed in the official 
public docket, and made available in EPA's electronic public docket.
    iii. Disk or CD ROM. You may submit comments on a disk or CD ROM 
that you mail to the mailing address identified in ADDRESSES above. 
These electronic submissions will be accepted in WordPerfect or ASCII 
file format. Avoid the use of special characters and any form of 
encryption.
    2. By Mail. Send two copies of your comments to: U.S. Environmental 
Protection Agency, EPA West Building, 1200 Pennsylvania Ave., NW., 
Room: B108 Mail Code: 6102T, Washington, DC 20460, Attention Docket ID 
No. EPA-HQ-OAR-2005-0474.
    3. By Hand Delivery or Courier. Deliver your comments to: EPA 
Docket Center (Air Docket), U.S. Environmental Protection Agency, EPA 
West Building, 1301 Constitution Avenue, NW., Room: B108 Mail Code: 
6102T, Washington, DC, Attention Air Docket ID No. EPA-HQ-OAR-2005-
0474. Such deliveries are only accepted during the Docket's normal 
hours of operation as identified in Unit I.
    4. By Facsimile. Fax your comments to: (202) 566-1741, Attention 
Docket ID No. EPA-HQ-OAR-2005-0474.

II. Summary of Rule

    EPA is making the following minor amendments to correct 
typographical errors, revise references, restore sections, conciliate 
provisions with our nonroad engine regulations and remove old 
provisions:
     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.
     Revising the provisions for certification fees in part 86 
subpart J and referring to part 85 subpart Y, since they have been 
completely replaced in part 85 starting with the 2004 model year.
     Adding a provision to part 86 to require manufacturers of 
all types of engines, vehicles, and motorcycles to name an agent for 
service of process in the United States. This provision does not place 
additional burden on engine, vehicle, and motorcycle manufacturers 
because they already need to do this to comply with our certification 
requirements. This simply formalizes an existing policy to allow us to 
ensure that we will have a person in the United States who is able to 
speak for the company and receive communication regarding any aspect of 
our effort to certify engines and oversee compliance of certified 
products. This applies to Sec.  86.007-21, Sec.  86.416-80, Sec.  
86.437-78, and Sec.  86.1844-01.
     Re-publishing Sec.  86.004-28(c)(4)(iii)(B) to establish 
deterioration factor provisions applicable to a highway heavy-duty 
engine identical to the options available to nonroad certified heavy-
duty diesel engines certified under 40 CFR 1039.240. The new provisions 
establish additive deterioration factors as the default but require the 
use of multiplicative deterioration factors if, based on good 
engineering judgment, they are more appropriate for a particular engine 
family.
     Re-publishing Sec.  86.007-11(a)(2)(v) to correct a 
typographical error in the equation.
     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. EPA inadvertently forgot 
to add this provision to the 2007 model year regulations.
     Revising Sec.  86.1213-94 to reference the fuel 
specifications in part 86, subpart N. This avoids a duplication of 
regulatory text and does not change the applicable test procedures in 
any way.
     Republishing Sec.  86.1360(c), which was removed in the 
migration of test procedures to 40 CFR part 1065. This paragraph needs 
to be added back because there is a reference to it in Sec.  86.1370-
2007 and in Sec.  86.1380-2004.
     Revising Sec.  86.1806-01 to properly cite the 
incorporation by reference of several technical standards related to 
on-board diagnostics. These documents are formally incorporated by 
reference in Sec.  86.1, so the text in Sec.  86.1806-01 is revised to 
describe how the standards apply, with a straightforward reference to 
Sec.  86.1 for the full description of the standards with instructions 
for readers to obtain the documents.
     Revising the language in CFR Sec.  86.1806-04(j) and Sec.  
86.1806-05(j) to correctly refer to LDVs, LDTs and

[[Page 51484]]

heavy-duty vehicles weighing 14,000 pounds GVWR or less. Inadvertently 
we referenced ``heavy-duty engines weighing 14,000 pounds GVWR or 
less'' instead of LDVs, LDTs and heavy-duty vehicles weighing 14,000 
pounds GVWR or less.
     Correcting a mistake made in the 2004 Heavy-Duty rule that 
revised Sec.  86.1840-01. This rule revision included only paragraphs 
(a) and (b) and therefore paragraphs (c) and (d) were omitted from 
Sec.  86.1840-01. EPA had no intention of removing paragraphs (c) and 
(d). This rule is adding these two paragraphs back.
    EPA does not expect that these minor revisions will have any 
adverse cost impact to the manufacturers. There are no testing costs 
associated with the revisions. There is no environmental impact 
associated with this regulatory action because this rulemaking does not 
change the heavy-duty highway diesel engine emission standards that 
manufacturers have to meet; it simply makes some minor amendments to 
the regulations.

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 direct final 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.

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

    EPA has determined that it is not necessary to prepare a regulatory 
flexibility analysis in connection with this direct final rule.
    For purposes of assessing the impacts of this final 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 final rule on 
small entities, EPA has concluded 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 proposed rule on small entities.'' 5 U.S.C. 603 
and 604. Thus, an agency may conclude 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 direct final 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 final rule will relieve regulatory 
burden for all small entities.

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, EPA 
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 in any 
one year. Before promulgating an EPA rule for which a written statement 
is needed, section 205 of the UMRA generally requires EPA 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 EPA to adopt an alternative other than the least 
costly, most cost-effective, or least burdensome alternative if the 
Administrator publishes with the final rule an explanation of why such 
an alternative was adopted.
    Before EPA establishes any regulatory requirements that may 
significantly or uniquely affect small governments, including tribal 
governments, it must have developed under section 203 of the UMRA a 
small government agency plan. The plan must provide for notifying 
potentially affected small governments, enabling officials of affected 
small governments to have meaningful and timely input in the 
development of EPA regulatory proposals with significant federal 
intergovernmental mandates, and informing, educating, and advising

[[Page 51485]]

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. EPA has determined that this rule contains no 
regulatory requirements that might significantly or uniquely affect 
small governments.
    This direct final 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. Thus, 
today's rule is not subject to the requirements of sections 202 and 205 
of the UMRA.

E. Executive Order 13132: Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999), requires EPA 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'' are 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, EPA 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 EPA 
consults with State and local officials early in the process of 
developing the regulation. EPA 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 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, EPA 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 direct final 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.

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

    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (59 FR 22951, 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.'' ``Policies that have tribal 
implications'' is defined in the Executive Order to include regulations 
that have ``substantial direct effects on one or more Indian tribes, on 
the relationship between the Federal government and the Indian tribes, 
or on the distribution of power and responsibilities between the 
Federal government and Indian tribes.''
    This 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 rule does not uniquely affect the communities of Indian Tribal 
Governments. Further, no circumstances specific to such communities 
exist that would cause an impact on these communities beyond those 
discussed in the other sections of this rule. This direct final 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. 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 EPA has reason to believe may 
have a disproportionate effect on children. If the regulatory action 
meets both criteria, Section 5-501 of the Order directs the Agency 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 the Agency.
    This 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.

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

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), Public Law 104-113, section 12(d) (15 U.S.C. 
272 note) directs EPA to use voluntary consensus standards in its 
regulatory activities unless doing so would be inconsistent with 
applicable law or otherwise impractical. Voluntary consensus standards 
are technical standards (such as materials specifications, test 
methods, sampling procedures, and business practices) that are 
developed or adopted by voluntary consensus standards bodies. NTTAA 
directs EPA to provide Congress, through OMB, explanations when the 
Agency decides not to use available and

[[Page 51486]]

applicable voluntary consensus standards.
    This direct final rule does not involve technical standards. This 
direct final 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. Thus, we have 
determined that the requirements of the NTTAA do not apply.

J. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as amended by 
the Small Business Regulatory Enforcement Fairness Act of 1996, 
generally provides that before a rule may take effect, the agency 
promulgating the rule must submit a rule report, which includes a copy 
of the rule, to Congress and the Comptroller General of the United 
States. We will submit a report containing this rule and other required 
information to the U.S. Senate, the U.S. House of Representatives, and 
the Comptroller General of the United States before publication of the 
rule in the Federal Register. A major rule cannot take effect until 60 
days after it is published in the Federal Register. This action is not 
a ``major rule'' as defined by 5 U.S.C. 804(2). This direct final rule 
is effective on October 30, 2006.

K. 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 
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.

0
For the reasons set out in the preamble, title 40, chapter I of the 
Code of Federal Regulations is amended as set forth below.

PART 9--OMB APPROVALS UNDER THE PAPERWORK REDUCTION ACT

0
1. The authority citation for part 9 continues to read as follows:

    Authority: 7 U.S.C. 135 et seq., 136-136y; 15 U.S.C. 2001, 2003, 
2005, 2006, 2601-2671; 21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33 
U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, 1321, 1326, 1330, 
1342, 1344, 1345(d) and (e), 1361; E.O. 11735, 38 FR 21243, 3 CFR, 
1971-1975 Comp. p. 973; 42 U.S.C. 241, 242b, 243, 246, 300f, 300g, 
300g-1, 300g-2, 300g-3, 300g-4, 300g-5, 300g-6, 300j-1, 300j-2, 
300j-3, 300j-4, 300j-9, 1857 et seq., 6901-6992k, 7401-7671q, 7542, 
9601-9657, 11023, 11048.


0
2. Section 9.1 is amended by removing from the table the following 
entries:

86.085-13                                       86.091-21     86.092-15
86.090-14                                       86.091-23     86.092-23
86.090-21                                       86.091-28     86.092-24
86.090-25                                       86.091-30     86.092-26
86.090-26                                       86.092-14     86.092-35
86.091-15                                     ............  86.094-7--86
                                                                 .094-9
86.094-24(a)(3)(iii)                            86.608-96    86.1313-84
86.094-35                                       86.609-84    86.1313-87
86.095-24                                       86.609-96    86.1313-90
86.113-82                                       86.612-84    86.1313-91
86.113-87                                       86.908-01    86.1314-84
86.113-90                                       86.909-93    86.1316-84
86.113-91                                      86.1003-97    86.1316-90
86.135-82                                      86.1008-90    86.1319-84
86.135-90                                      86.1008-96    86.1321-84
86.135-94                                      86.1009-84    86.1321-90
86.144-90                                      86.1009-96    86.1327-84
86.608.88                                      86.1213-85    86.1327-88
86.608.90                                      86.1213-87    86.1327-90
 

PART 86--CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES 
AND ENGINES

0
3. The authority citation for part 86 continues to read as follows:

    Authority: 42 U.S.C. 7401-7671q.

Subpart A--[Amended]

0
4. Subpart A is amended by removing the following sections:

        86.084-40                86.091-11               86.092-35
         86.085-1                86.091-15               86.093-11
        86.085-13                86.091-21               86.093-35
        86.088-10                86.091-23                86.094-8
         86.090-1                86.091-28               86.094-11
         86.090-9                86.091-30               86.094-24
        86.090-14                86.091-35               86.094-35
        86.090-21                 86.092-1               86.094-38
        86.090-22                86.092-14               86.095-24
        86.090-24                86.092-15
        86.090-25                86.092-23
        86.090-26                86.092-24
         86.091-9                86.092-26
 


0
5. Section 86.004-28 is amended by redesignating the paragraph 
(c)(4)(iii)(B)(iv) as (c)(4)(iii)(B)(4) and revising paragraphs 
(c)(4)(iii)(B)(1) and (c)(4)(iii)(B)(2) to read as follows:


Sec.  86.004-28  Compliance with emission standards.

* * * * *
    (c) * * *
    (4) * * *
    (iii) * * *
    (B) * * *
    (1) Additive deterioration factor for exhaust emissions. Except as 
specified in paragraph (c)(4)(iii)(B)(2) of this section, use an 
additive deterioration factor for exhaust emissions. An additive 
deterioration factor for a pollutant is the difference between exhaust 
emissions at the end of the useful life and exhaust emissions at the 
low-hour test point. In these cases, adjust the official emission 
results for each tested engine at the selected test point by adding the 
factor to the measured emissions. If the factor is less than zero, use 
zero. Additive deterioration factors must be specified to one more 
decimal place than the applicable standard.
    (2) Multiplicative deterioration factor for exhaust emissions. Use 
a multiplicative deterioration factor if good engineering judgment 
calls for the deterioration factor for a pollutant to be the ratio of 
exhaust emissions at the end of the useful life to exhaust emissions at 
the low-hour test point. For example, if you use aftertreatment 
technology that controls emissions of a pollutant proportionally to 
engine-out emissions, it is often appropriate to use a multiplicative 
deterioration factor. Adjust the official emission results for each 
tested engine at the selected test point by multiplying the measured 
emissions by the deterioration factor. If the factor is less than one, 
use one. A multiplicative deterioration factor may not be appropriate 
in cases where testing variability is significantly greater than 
engine-to-engine variability. Multiplicative deterioration factors must 
be specified to one more significant figure than the applicable 
standard.
* * * * *

0
6. Section 86.007-11 is amended by revising paragraph (a)(2)(v) to read 
as follows:


Sec.  86.007-11  Emission standards and supplemental requirements for 
2007 and later model year heavy-duty engines and vehicles.

* * * * *
    (a) * * *
    (2) * * *
    (v) Determine your engine's brake-specific emissions using the 
following calculation, which weights the emissions from the cold-start 
and hot-start test intervals:

[[Page 51487]]

[GRAPHIC] [TIFF OMITTED] TR30AU06.001

* * * * *

0
7. Section 86.007-21 is amended by adding paragraph (q) to read as 
follows:


Sec.  86.007-21  Application for certification.

* * * * *
    (q) The manufacturer must name an agent for service of process 
located in the United States. Service on this agent constitutes service 
on you or any of your officers or employees for any action by EPA or 
otherwise by the United States related to the requirements of this 
part.

0
8. Section 86.007-35 is amended by adding paragraph (j) to read as 
follows:


Sec.  86.007-35  Labeling.

* * * * *
    (j) The Administrator may approve in advance other label content 
and formats provided the alternative label contains information 
consistent with this section.

Subpart B--[Amended]

0
9. Subpart B is amended by removing the following sections:

86.106-90
86.106-94
86.107-90
86.109-90
86.113-91
86.114-79
86.116-90
86.117-90
86.120-82
86.121-82
86.127-90
86.127-94
86.130-78
86.131-90
86.132-90
86.133-90
86.138-90
86.140-82
86.140-90
86.143-90
86.144-90

Subpart E--[Amended]

0
10. Subpart E is amended by removing the following sections:

86.401-90
86.410-80

0
11. Section 86.416-80 is amended by adding paragraph (a)(2)(ix) to read 
as follows:


Sec.  86.416-80  Application for certification.

    (a) * * *
    (2) * * *
    (ix) The name of an agent for service of process located in the 
United States. Service on this agent constitutes service on you or any 
of your officers or employees for any action by EPA or otherwise by the 
United States related to the requirements of this part.
* * * * *

0
12. Section 86.437-78 is amended by adding paragraph (b)(1)(iii) to 
read as follows:


Sec.  86.437-78  Certification.

* * * * *
    (b) * * *
    (1) * * *
    (iii) The name of an agent for service of process located in the 
United States. Service on this agent constitutes service on you or any 
of your officers or employees for any action by EPA or otherwise by the 
United States related to the requirements of this part.
* * * * *

Subpart F--[Amended]

0
13. Subpart F is amended by removing the following sections:

86.513-87
86.513-90
86.519-78
86.529-78

Subpart G--[Amended]

0
14. Subpart G is amended by removing the following sections:

86.602-97
86.603-97
86.608-88
86.608-90
86.608-96
86.608-97
86.609-84
86.609-96
86.609-97
86.610-96
86.612-84

Subpart J--[Amended]

0
15. Subpart J is revised to read as follows:

Subpart J--Fees for the Motor Vehicle and Engine Compliance Program


Sec.  86.901  Assessment of fees.

    See 40 CFR part 85, subpart Y, for the applicable fees associated 
with certifying engines and vehicles under this part.

Subpart K--[Amended]

0
16. Subpart K is amended by removing the following sections:

86.1002-84
86.1002-97
86.1003-97
86.1008-90
86.1008-96
86.1008-97
86.1009-84
86.1009-96
86.1009-97
86.1010-96
86.1012-84

Subpart M--[Amended]

0
17. Subpart M is amended by removing the following sections:

86.1206-90
86.1207-90
86.1213-04
86.1213-90
86.1217-90
86.1227-90
86.1230-85
86.1232-90
86.1233-90
86.1235-85
86.1238-90
86.1243-90

0
18. Section 86.1213-94 is revised to read as follows:


Sec.  86.1213-94  Fuel specifications.

    Use the fuels specified in subpart N of this part for evaporative 
emission testing.

Subpart N--[Amended]

0
19. Subpart N is amended by removing the following sections:

86.1306-90
86.1311-90
86.1313-91
86.1314-84
86.1316-90
86.1319-84
86.1321-90
86.1327-90
86.1327-94
86.1330-84
86.1337-90
86.1344-90

0
20. Section 86.1360-2007 is amended by adding paragraph (c) to read as 
follows:


Sec.  86.1360-2007  Supplemental emission test; test cycle and 
procedures.

* * * * *
    (c) Determining engine speeds. (1) The engine speeds A, B and C, 
referenced in the table in paragraph (b)(1) of this section, and speeds 
D and E, referenced in Sec.  86.1380, must be determined as follows:


[[Page 51488]]


Speed A = nlo + 0.25 x (nhi-nlo)
Speed B = nlo + 0.50 x (nhi-nlo)
Speed C = nlo + 0.75 x (nhi-nlo)
Speed D = nhi
Speed E = nlo + 0.15 x (nhi-nlo)

Where: nhi = High speed as determined by calculating 70% of 
the maximum power. The highest engine speed where this power value 
occurs on the power curve is defined as nhi.
nlo = Low speed as determined by calculating 50% of the 
maximum power. The lowest engine speed where this power value occurs on 
the power curve is defined as nlo.
Maximum power = the maximum observed power calculated according to the 
engine mapping procedures defined in Sec.  86.1332.
* * * * *

Subpart P--[Amended]

0
21. Subpart P is amended by removing the following sections:

86.1501-90
86.1504-90
86.1505-84
86.1505-90
86.1506-90
86.1513-90

Subpart S--[Amended]

0
22. Section 86.1806-01 is amended by revising paragraphs (e) 
introductory text, (f)(2), (f)(3), and (h) to read as follows:


Sec.  86.1806-01  On-board diagnostics.

* * * * *
    (e) Storing of computer codes. The emission control diagnostic 
system shall record and store in computer memory diagnostic trouble 
codes and diagnostic readiness codes indicating the status of the 
emission control system. These codes shall be available through the 
standardized data link connector per SAE J1979 specifications as 
described in paragraph (h) of this section.
* * * * *
    (f) * * *
    (2) The following data in addition to the required freeze frame 
information shall be made available on demand through the serial port 
on the standardized data link connector, if the information is 
available to the on-board computer or can be determined using 
information available to the on-board computer: Diagnostic trouble 
codes, engine coolant temperature, fuel control system status (closed 
loop, open loop, other), fuel trim, ignition timing advance, intake air 
temperature, manifold air pressure, air flow rate, engine RPM, throttle 
position sensor output value, secondary air status (upstream, 
downstream, or atmosphere), calculated load value, vehicle speed, and 
fuel pressure. The signals shall be provided in standard units based on 
SAE specifications described in paragraph (h) of this section. Actual 
signals shall be clearly identified separately from default value or 
limp home signals.
    (3) For all emission control systems for which specific on-board 
evaluation tests are conducted (catalyst, oxygen sensor, etc.), the 
results of the most recent test performed by the vehicle, and the 
limits to which the system is compared shall be available through the 
standardized data link connector per SAE J1979 specifications as 
described in paragraph (h) of this section.
* * * * *
    (h) Reference materials. The emission control diagnostic system 
shall provide for standardized access and conform with the following 
standards that we incorporate by reference in Sec.  86.1:
    (1) Except as specified in paragraph (h)(2) of this section, SAE 
J1850 ``Class B Data Communication Network Interface,'' (July 1995) 
shall be used as the on-board to off-board communications protocol. All 
emission related messages sent to the scan tool over a J1850 data link 
shall use the Cyclic Redundancy Check and the three byte header, and 
shall not use inter-byte separation or checksums.
    (2) ISO 9141-2 February 1994 ``Road vehicles--Diagnostic systems--
Part 2: CARB requirements for interchange of digital information,'' may 
be used as an alternative to SAE J1850 as the on-board to off-board 
communications protocol.
    (3) Basic diagnostic data (as specified in Sec. Sec.  86.094-17(e) 
and (f)) shall be provided in the format and units in SAE J1979 July 
1996 E/E Diagnostic Test Modes.''
    (4) Diagnostic trouble codes shall be consistent with SAE J2012 
July 1996 ``Recommended Practices for Diagnostic Trouble Code 
Definitions.''
    (5) The connection interface between the OBD system and test 
equipment and diagnostic tools shall meet the functional requirements 
of SAE J1962 January 1995 ``Diagnostic Connector.''
* * * * *

0
23. Section 86.1806-04 is amended by revising paragraph (j) to read as 
follows:


Sec.  86.1806-04  On-board diagnostics.

* * * * *
    (j) California OBDII compliance option. For light-duty vehicles, 
light-duty trucks, and heavy-duty vehicles weighing 14,000 pounds GVWR 
or less, demonstration of compliance with California OBD II 
requirements (Title 13 California Code of Regulations Sec.  1968.2 (13 
CCR 1968.2)), as modified, approved and filed on April 21, 2003, shall 
satisfy the requirements of this section, except that compliance with 
13 CCR 1968.2(e)(4.2.2)(C), pertaining to 0.02 inch evaporative leak 
detection, and 13 CCR 1968.2(d)(1.4), pertaining to tampering 
protection, are not required to satisfy the requirements of this 
section. Also, the deficiency provisions of 13 CCR 1968.2(i) do not 
apply. The deficiency provisions of paragraph (i) of this section and 
the evaporative leak detection requirement of paragraph (b)(4) of this 
section apply to manufacturers selecting this paragraph for 
demonstrating compliance. In addition, demonstration of compliance with 
13 CCR 1968.2(e)(16.2.1)(C), to the extent it applies to the 
verification of proper alignment between the camshaft and crankshaft, 
applies only to vehicles equipped with variable valve timing.
* * * * *

0
24. Section 86.1806-05 is amended by revising paragraph (j) to read as 
follows:


Sec.  86.1806-05  On-board diagnostics.

* * * * *
    (j) California OBDII compliance option. For light-duty vehicles, 
light-duty trucks, and heavy-duty vehicles weighing 14,000 pounds GVWR 
or less, demonstration of compliance with California OBDII requirements 
(Title 13 California Code of Regulations Sec.  1968.2 (13 CCR 1968.2)), 
as modified, approved and filed on April 21, 2003, shall satisfy the 
requirements of this section, except that compliance with 13 CCR 
1968.2(e)(4.2.2)(C), pertaining to 0.02 inch evaporative leak 
detection, and 13 CCR 1968.2(d)(1.4), pertaining to tampering 
protection, are not required to satisfy the requirements of this 
section. Also, the deficiency provisions of 13 CCR 1968.2(i) do not 
apply. The deficiency provisions of paragraph (i) of this section and 
the evaporative leak detection requirement of paragraph (b)(4) of this 
section apply to manufacturers selecting this paragraph for 
demonstrating compliance. In addition, demonstration of compliance with 
13 CCR 1968.2(e)(16.2.1)(C), to the extent it applies to the 
verification of proper alignment between the camshaft and crankshaft, 
applies only to vehicles equipped with variable valve timing.
* * * * *

0
25. Section 86.1840-01 is amended by adding paragraphs (c) and (d) to 
read as follows:


Sec.  86.1840-01  Special test procedures.

* * * * *

[[Page 51489]]

    (c) Manufacturers of vehicles equipped with periodically 
regenerating trap oxidizer systems must propose a procedure for testing 
and certifying such vehicles including SFTP testing for the review and 
approval of the Administrator. The manufacturer must submit its 
proposal before it begins any service accumulation or emission testing. 
The manufacturer must provide with its submittal, sufficient 
documentation and data for the Administrator to fully evaluate the 
operation of the trap oxidizer system and the proposed certification 
and testing procedure.
    (d) The provisions of paragraph (a) and (b) of this section also 
apply to MDPVs.

0
26. Section 86.1844-01 is amended by adding paragraph (d)(17) to read 
as follows:


Sec.  86.1844-01  Information requirements: Application for 
certification and submittal of information upon request.

* * * * *
    (d) * * *
    (17) The name of an agent for service of process located in the 
United States. Service on this agent constitutes service on you or any 
of your officers or employees for any action by EPA or otherwise by the 
United States related to the requirements of this part.
* * * * *
 [FR Doc. E6-14429 Filed 8-29-06; 8:45 am]
BILLING CODE 6560-50-P