[Federal Register Volume 74, Number 226 (Wednesday, November 25, 2009)]
[Proposed Rules]
[Pages 61600-61604]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-27943]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 86 and 600

[EPA-HQ-OAR-2005-0169; FRL-8982-2]
RIN 2060-A036


Fuel Economy Regulations for Automobiles: Technical Amendments 
and Corrections

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to amend and correct portions of its existing 
fuel economy regulations. There are three reasons for this action. 
First, some minor corrections and amendments are needed to EPA's 
December 27, 2006 final rule for fuel economy labeling requirements for 
cars and light trucks. Second, the Department of Transportation 
finalized new average fuel economy standards for 2008-2011 light trucks 
on April 6, 2006. Third, on March 30, 2009, NHTSA revised CAFE 
requirements for 2011 trucks and finalized new average fuel economy 
(CAFE) standards for 2011 passenger automobiles. In order for DOT to 
administer these new standards, EPA must make some conforming changes 
to its regulations. In addition, some minor conforming changes to EPA's 
regulations are needed for two other separate statutory and regulatory 
actions. None of the above amendments and corrections would have any 
direct impact on human health and the environment, but they would allow 
for the more effective administration of existing regulations. In the 
``Rules and Regulations'' section of this Federal Register, we 
published the above actions as a direct final rule without a prior 
proposed rule. If we receive no adverse comment, we will not take 
further action on this proposed rule. If we receive adverse comment, we 
will withdraw the portions of the final rule receiving such comment and 
those portions will not take effect. We will address all public 
comments in a subsequent final rule based on this proposed rule. We 
will not institute a second comment period on this action. Any parties 
interested in commenting must do so at this time.

DATES: Written comments must be received by December 28, 2009.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2005-0169, by one of the following methods:
     http://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     Fax: (202) 566-1741.
     Mail: Environmental Protection Agency, EPA Docket Center 
(EPA/DC), Air and Radiation Docket, Mail Code 6102T, 1200 Pennsylvania 
Avenue, NW., Washington, DC 20460, Attention Docket ID No. EPA-HQ-OAR-
2005-0169. 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: Docket Center, (EPA/DC) EPA West, Room 
B102, 1301 Constitution Ave., NW., Washington, DC, Attention Docket ID 
No. OAR-2005-0169. Such deliveries are only accepted during the 
Docket's normal hours of operation, and special arrangements should be 
made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2005-0169. 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. For additional instructions on submitting 
comments, go to Section VII of the SUPPLEMENTARY INFORMATION section of 
this document.
    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, EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC. 
This Docket Facility is open from 8:30 a.m. to 4:30 p.m., Monday 
through Friday, excluding legal holidays. The EPA Docket Center 
telephone number is (202) 566-1742. 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

[[Page 61601]]

for the Public Reading Room is (202) 566-1744.

FOR FURTHER INFORMATION CONTACT: Christine Mikolajczyk, Office of 
Transportation and Air Quality, Compliance and Innovative Strategies 
Division, Environmental Protection Agency, 2000 Traverwood Drive, Ann 
Arbor, MI 48105; telephone number: (734) 214-4403; fax number: (734) 
214-4053; e-mail address: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Why Is EPA Issuing This Proposed Rule?

    This document proposes to take action on minor amendments and 
corrections to EPA's existing emission and fuel economy regulations, 
located at 40 CFR Part 86 and Part 600. This proposal clarifies that 
special test procedures, calculation methods and label formats may be 
used for fuel economy labels and CAFE calculations of advanced 
technology vehicles. Advanced technology vehicles include, but are not 
limited to electric vehicles, fuel cell vehicles, plug-in hybrid 
vehicles and vehicles equipped with hydrogen-fueled internal combustion 
engines. This proposal also includes technical amendments to the fuel 
economy label regulations, including changes to the minivan definition, 
van definition, interior volume measurements of passenger vehicles, and 
special purpose class of vehicles. Today's action also proposes to 
correct some typographical errors and make other minor modifications to 
ensure accurate interpretation of the regulations. The changes to the 
EPA CAFE regulations are being proposed to conform to the NHTSA 
regulations, and include adding new reporting provisions that would 
enable EPA to provide NHTSA with the data it needs to determine 
compliance with the 2008-2011 CAFE standards for passenger automobiles 
and trucks.
    In addition, two conforming changes are being proposed to align the 
EPA CAFE regulations with a 2007 Energy Independence and Security Act 
(EISA) amendment extending the alternative fuel vehicle CAFE credits to 
2019, and to align the EPA CAFE regulations with a previous NHTSA 
rulemaking which eliminated the requirement to report separate CAFE 
values for domestic and imported trucks.
    We have published a direct final rule which amends the Fuel Economy 
and Emission Regulation requirements in the ``Rules and Regulations'' 
section of this Federal Register because we view this as a 
noncontroversial action and anticipate no adverse comment. We have 
explained our reasons for this action in the preamble to the direct 
final rule. This proposal incorporates by reference all of the 
reasoning, explanation, and regulatory text 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 January 25, 2010 unless we receive 
adverse comment by December 28, 2009.
    If we receive no adverse comment, we will not take further action 
on this proposed rule. If we receive adverse comment, we will withdraw 
the direct final rule and it will not take effect. We would address all 
public comments in any subsequent final rule based on this proposed 
rule. If we receive adverse comment on a distinct provision of this 
rulemaking, we will publish a withdrawal in the Federal Register 
indicating which provisions we are withdrawing. The provisions that are 
not withdrawn will become effective on the date set out above, 
notwithstanding adverse comment on any other provision.
    We do not intend to institute a second comment period on this 
action. Any parties interested in commenting must do so at this time. 
For further information, please see the information provided in the 
ADDRESSES section of this document.

II. Does This Action Apply to Me?

    This action applies to manufacturers of new passenger cars and 
light trucks, including medium-duty passenger vehicles.\1\ Regulated 
categories and entities include:
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    \1\ ``Passenger car,'' ``light truck,'' and ``medium-duty 
passenger vehicle'' are defined in 40 CFR 600.002-08. Generally, the 
term ``light truck'' means a pick-up truck, sport-utility vehicle, 
or minivan of up to 8,500 lbs gross vehicle weight rating, and 
``medium-duty passenger vehicle'' means a sport-utility vehicle or 
passenger van from 8,500 to 10,000 lbs gross vehicle weight rating. 
Medium-duty passenger vehicles do not include pick-up trucks.

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                                                                               Examples of potentially regulated
                 Category                            NAICS codes \a\                        entities
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Industry.................................  336111, 336112....................  Motor vehicle manufacturers.
Industry.................................  811112, 811198, 541514............  Commercial Importers of Vehicles
                                                                                and Vehicle Components.
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\a\ North American Industry Classification System (NAICS).

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

A. 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.

B. 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.

[[Page 61602]]

     Make sure to submit your comments by the comment period 
deadline identified.

C. Docket Copying Costs

    You may be charged a reasonable fee for photocopying docket 
materials, as provided in 40 CFR Part 2.

IV. What Are the Administrative Requirements of This Proposed Rule?

A. Executive Order 12866: Regulatory Planning and Review

    Under Executive Order (EO) 12866 (58 FR 51735, October 4, 1993), 
this action is a ``significant regulatory action'' because it has the 
potential to raise novel legal or policy issues. Accordingly, EPA 
submitted this action to the Office of Management and Budget (OMB) for 
review under EO 12866 and any changes made in response to OMB 
recommendations have been documented in the docket for this action.

B. Paperwork Reduction Act

    This action does not impose any substantive new information 
collection burden under the provisions of the Paperwork Reduction Act, 
44 U.S.C. 3501 et seq. for the changes to the minivan definition, the 
requirements to include medium-duty passenger vehicles (MDPVs) in CAFE 
calculations, the additional CAFE footprint reporting requirements, or 
any other certification, fuel economy labeling and CAFE changes 
contained in this direct final rule. Burden is defined at 5 CFR 
1320.3(b). Note that the data submittal requirements to include MDPVs 
in 2011 and later CAFE data and to report footprint information for 
reformed CAFE have already been established by NHTSA in its final rules 
for new passenger automobile and truck CAFE standards,\2\ and the 
accompanying NHTSA ICR (OMB 2127-00019).
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    \2\ See 49 CFR 537.7(c)(4), as amended by 71 FR 17678, April 6, 
2006 and 74 FR 14196, March 30, 2009.
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    The revision to the minivan definition in today's action has a de 
minimis impact; however, if anything, the revision is expected to 
reduce manufacturers' information collection burden. For example, 
manufacturers were previously required to calculate and report to EPA 
the total interior volume of each style of minivan and full-sized van 
to determine whether the van was at or below 180 cubic feet in interior 
volume. Today's action eliminates the 180 cubic feet interior volume 
specification from the minivan definition, thus slightly reducing 
manufacturers' reporting and recordkeeping burden.
    Regarding the MDPV requirements for 2011 and later CAFE, the 
following statement was made in EPA's Information Collection Request 
(ICR) for the 2008 Fuel Economy Labeling rule (71 FR 77872, December 
27, 2006):

    Also beginning with model year 2011, medium-duty passenger 
vehicles (MDPVs) will be included in the labeling program. MDPVs 
essentially include SUVs and passenger vans that are between 8,500 
and 10,000 lbs. ``GVWR'' (gross vehicle weight ratings). This change 
is congruent with the National Highway Traffic Safety 
Administration's (NHTSA's) expansion of the Corporate Average Fuel 
Economy (CAFE) program to include MDPVs beginning the same model 
year (71 FR 17565; April 6, 2006). Because more vehicle testing is 
required under CAFE than under labeling, the impacts of increased 
testing for MDPVs will be in the ICR for the rule to implement EPA's 
role in the CAFE program, which will be finalized in a separate 
action, in time for model year 2011, or in the appropriate fuel 
economy program information collection renewal.\3\ (Emphasis added.)
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    \3\ See 71 FR 77872, December 27, 2006.

    Thus, in the 2008 FE Label rulemaking EPA indicated we would either 
include the MDPV information collection requirements in an ICR for 
today's rulemaking or include it in the EPA's emission and fuel economy 
ICR renewal request to OMB (which occurs every three years). EPA 
elected the latter approach, and has included the additional MDPV 
testing, reporting and recordkeeping burden for fuel economy labeling 
and CAFE purposes in ICR 0783.54 (OMB 2060-0320), the renewal of the 
Motor Vehicle Emissions and Fuel Economy Compliance ICR which was 
submitted to OMB for review on October 23, 2008. Since EPA MDPV ICR 
requirements have been previously submitted to OMB and because they 
were also included in NHTSA's ICR (OMB 2127-00019), they are not 
included in today's action.
    Regarding footprint information, the reporting requirements for 
footprint information and related data were not specifically addressed 
in the ICR for EPA's Fuel Economy Labeling Rule (ICR 0783.51, OMB 2060-
0104) because any change in burden was considered to be negligible and 
within the margin of error for the information technology estimate in 
that ICR; and because the information collection burden was partially 
included in the NHTSA ICR (OMB 2127-00019). The information collection 
burden for footprint information is currently included in EPA's ICR 
0783.54 (OMB 2060-0320), the renewal of the Motor Vehicle Emissions and 
Fuel Economy Compliance ICR, which was submitted to OMB for review on 
October 23, 2008.
    Additionally, the footprint information reported to EPA for final 
CAFE reports (wheelbase, track width and sales information) is 
essentially the same information which will have been previously 
reported to NHTSA when manufacturers submitted their preliminary CAFE 
(PCAFE) and mid-model year CAFE reports to NHTSA. [Note that 
manufacturers are not required to submit PCAFE or mid-model year 
reports to EPA.] Reporting footprint information to EPA with final 
sales data is expected to be a minimal burden because manufacturers 
will have already established company business practices to track 
footprint and sales information for NHTSA and because manufacturers 
have been reporting CAFE final sales information to EPA since 1978.

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 as 
defined by the Small Business Administration (SBA) regulations 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 this action on small 
entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. Based on 
Small Business Administration size standards, small businesses in the 
automobile manufacturing industry are defined as those having less than 
1000 employees per firm. Additionally, they are identified using the 
North America Industrial Classification System (NAICS) by NAICS code 
336111. Out of a total of approximately 80 automotive manufacturers 
subject to this action,

[[Page 61603]]

EPA estimates that approximately 10 of these could be classified as 
small entities based on SBA size standards. No new burden for fuel 
economy labeling is being imposed by this action. The new reporting 
requirement for the reform CAFE footprint data has already been 
established by NHTSA in its final rule for new truck CAFE standards,\4\ 
and thus this action imposes no additional burden.
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    \4\ See 49 CFR 537.7(c)(4), as amended by 71 FR 17678, Apr. 6, 
2006.
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D. Unfunded Mandates Reform Act

    This rule does not contain a Federal mandate that may result in 
expenditures of $100 million or more for State, local, and tribal 
governments, in the aggregate, or the private sector in any one year. 
This action simply makes minor amendments, clarifications, and 
corrections that will allow for the more effective administration of 
existing regulations. Thus, this rule is not subject to the 
requirements of sections 202 or 205 of the Unfunded Mandates Reform 
Act. This rule is also not subject to the requirements of section 203 
of the Unfunded Mandates Reform Act because it contains no regulatory 
requirements that might significantly or uniquely affect small 
governments. This action imposes no enforceable duty on any State, 
local or tribal governments.

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'' 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.''
    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. Thus, Executive Order 13132 does 
not apply to this rule.

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

    This action does not have tribal implications, as specified in 
Executive Order 13175 (65 FR 67249, November 9, 2000). The impacts of 
this proposed rule are limited to the regulated entities: the 
automotive manufacturing industry. Thus, Executive Order 13175 does not 
apply to this action. EPA specifically solicits additional comment on 
this proposed action from tribal officials.

G. EO 13045 ``Protection of Children From Environmental Health Risks 
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, the Agency must 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.
    EPA interprets EO 13045 (62 FR 19885, April 23, 1997) as applying 
only to those regulatory actions that concern health or safety risks, 
such that the analysis required under section 5-501 of the EO has the 
potential to influence the regulation. This action is not subject to EO 
13045 because it does not establish an environmental standard intended 
to mitigate health or safety risks.

H. Executive Order 13211 (Energy Effects)

    This rule is not a ``significant energy action'' as defined in 
Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 
28355, May 22, 2001) because it is not likely to have a significant 
adverse effect on the supply, distribution, or use of energy. Further, 
we have concluded that this rule is not likely to have any adverse 
energy effects.

I. National Technology Transfer Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), Public Law 104-113, 12(d) (15 U.S.C. 272 note) 
directs EPA to use voluntary consensus standards in its regulatory 
activities unless to do so 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) 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 applicable voluntary consensus standards.
    This action does not involve technical standards. Therefore, EPA 
did not consider the use of any voluntary consensus standards.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order (EO) 12898 (59 FR 7629, Feb. 16, 1994) establishes 
federal executive policy on environmental justice. Its main provision 
directs federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high 
and adverse human health or environmental effects of their programs, 
policies, and activities on minority populations and low-income 
populations in the United States.
    EPA has determined that this proposed rule will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because it does not 
affect the level of protection provided to human health or the 
environment. This action simply makes minor amendments, clarifications, 
and corrections that will allow for the more effective administration 
of existing regulations without impacting the current fuel economy and 
emission control measures.

V. Statutory Provisions and Legal Authority

    Statutory authority for the fuel economy labeling program and for 
corporate average fuel economy can be found in the Clean Air Act, 42 
U.S.C. 7401-7671q, 49 U.S.C. 32901-32919, and Public Law 109-58. 
Statutory authority for vehicle emission control program is found in 
the Clean Air Act, as amended 42 U.S.C. 7401 et seq., in particular 
sections 202 and 206 of the Act, 42 U.S.C. 7521 and 7525.

List of Subjects

40 CFR Part 86

    Administrative practice and procedure, Confidential business

[[Page 61604]]

information, Incorporation by reference, Labeling, Motor vehicle 
pollution, Reporting and recordkeeping requirements.

40 CFR Part 600

    Administrative practice and procedure, Electric power, Fuel 
economy, Incorporation by reference, Labeling, Reporting and 
recordkeeping.

    Dated: November 9, 2009.
Lisa P. Jackson,
Administrator.
[FR Doc. E9-27943 Filed 11-24-09; 8:45 am]
BILLING CODE 6560-50-P