[Federal Register Volume 83, Number 187 (Wednesday, September 26, 2018)]
[Proposed Rules]
[Pages 48578-48581]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-20962]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 85 and 86

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Parts 523, 531, 533, 536, and 537

[NHTSA-2018-0067; EPA-HQ-OAR-2018-0283; FRL-9984-62-OAR; NHTSA-2017-
0069]
RIN 2127-AL76; RIN 2060-AU09


The Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule for 
Model Years 2021-2026 Passenger Cars and Light Trucks; Extension of 
Comment Period

AGENCY: Environmental Protection Agency and National Highway Traffic 
Safety Administration.

ACTION: Proposed rule; extension of comment period.

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SUMMARY: This document extends the comment period for a proposed rule 
published in the August 24, 2018 issue of the Federal Register entitled 
The Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule for Model 
Years 2021-2026 Passenger Cars and Light Trucks and also extends the 
comment period for NHTSA's Draft Environmental Impact Statement that 
accompanies it. This extension is shorter than that requested by 
several parties, and those requests are accordingly denied.

DATES: The comment period for the proposed rule published August 24, 
2018, at 83 FR 42986, is extended. The comment period for the Draft 
Environmental Impact Statement accompanying that proposed rule and

[[Page 48579]]

published on NHTSA's website is also extended. Comments on both 
documents should be received on or before October 26, 2018.

ADDRESSES: You may send comments, identified by Docket No. EPA-HQ-OAR-
2018-0283 and/or NHTSA-2018-0067, by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for sending comments.
     Fax: EPA: (202) 566-9744; NHTSA: (202) 493-2251.
     Mail:
    [cir] EPA: Environmental Protection Agency, EPA Docket Center (EPA/
DC), Air and Radiation Docket, Mail Code 28221T, 1200 Pennsylvania 
Avenue NW, Washington, DC 20460, Attention Docket ID No. EPA-HQ-OAR-
2018-0283. In addition, please mail a copy of your comments on the 
information collection provisions for the EPA proposal 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.
    [cir] NHTSA: Docket Management Facility, M-30, U.S. Department of 
Transportation, West Building, Ground Floor, Rm. W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery:
    [cir] EPA: Docket Center (EPA/DC), EPA West, Room B102, 1301 
Constitution Avenue NW, Washington, DC, Attention Docket ID No. EPA-HQ-
OAR-2018-0283. Such deliveries are only accepted during the Docket's 
normal hours of operation, and special arrangements should be made for 
deliveries of boxed information.
    [cir] NHTSA: West Building, Ground Floor, Rm. W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 4 p.m. 
Eastern Time, Monday through Friday, except Federal holidays.
    Instructions: All submissions received must include the agency name 
and docket number or Regulatory Information Number (RIN) for this 
rulemaking. All comments received will be posted without change to 
http://www.regulations.gov, including any personal information 
provided. For detailed instructions on sending comments and additional 
information on the rulemaking process, see the ``Public Participation'' 
heading of the proposed rule (83 FR at 43470).
    Docket: For access to the dockets to read background documents or 
comments received, go to http://www.regulations.gov, and/or:
     For EPA: EPA Docket Center (EPA/DC), EPA West, Room 3334, 
1301 Constitution Avenue NW, Washington, DC 20460. The Public Reading 
Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, 
excluding legal holidays. The telephone number for the Public Reading 
Room is (202) 566-1744.
     For NHTSA: Docket Management Facility, M-30, U.S. 
Department of Transportation, West Building, Ground Floor, Rm. W12-140, 
1200 New Jersey Avenue SE, Washington, DC 20590. The Docket Management 
Facility is open between 9 a.m. and 4 p.m. Eastern Time, Monday through 
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: EPA: Christopher Lieske, Office of 
Transportation and Air Quality, Assessment and Standards Division, 
Environmental Protection Agency, 2000 Traverwood Drive, Ann Arbor, MI 
48105; telephone number: (734) 214-4584; fax number: (734) 214-4816; 
email address: [email protected], or contact the Assessment 
and Standards Division, email address: [email protected]. NHTSA: 
James Tamm, Office of Rulemaking, Fuel Economy Division, National 
Highway Traffic Safety Administration, 1200 New Jersey Avenue SE, 
Washington, DC 20590; telephone number: (202) 493-0515.

SUPPLEMENTARY INFORMATION: On August 24, 2018, NHTSA and EPA published 
in the Federal Register a document titled ``The Safer Affordable Fuel-
Efficient (SAFE) Vehicles Rule for Model Years 2021-2026 Passenger Cars 
and Light Trucks.'' 83 FR 42986. The public comment period for the 
proposed rule was scheduled to end on October 23, 2018. Additionally, 
the public comment period for NHTSA's DEIS was scheduled to end on 
September 24, 2018.
    Eighteen requests to extend the comment period have been received 
by the agencies' dockets as of the time of this writing, as follows:

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                                                                                           Length of extension
              Requester                     Date submitted           Docket ID No.              requested
----------------------------------------------------------------------------------------------------------------
Northeast States for Coordinated Air   August 24, 2018........  NHTSA-2018-0067-2158;    120 days for comment
 Use Management (NESCAUM).                                       EPA-HQ-OAR-2018-0283-0   period as a whole.
                                                                 790.
Attorneys General of the States of     August 27, 2018........  NHTSA-2018-0067-2567;    120 days for comment
 California, Connecticut, Delaware,                              EPA-HQ-OAR-2018-0283-0   period as a whole.
 Iowa, Illinois, Maine, Maryland,                                792.
 Massachusetts, Minnesota, New
 Jersey, New York, North Carolina,
 Oregon, Pennsylvania, Rhode Island,
 Vermont, Washington, and the
 District of Columbia, and the
 Secretary of the Pennsylvania
 Department of Environmental
 Protection.
National Coalition for Advanced        August 29, 2018........  NHTSA-2018-0067-2872;    120 days for comment
 Transportation (NCAT).                                          EPA-HQ-OAR-2018-0283-0   period as a whole.
                                                                 794.
Environmental Law and Policy Center..  August 30, 2018........  NHTSA-2018-0067-2728;    120 days for comment
                                                                 EPA-HQ-OAR-2018-0283-0   period as a whole.
                                                                 892.
Center for Biological Diversity        August 30, 2018........  NHTSA-2018-0067-3278;    120 days for comment
 (CBD), Conservation Law Foundation,                             EPA-HQ-OAR-2018-0283-0   period as a whole.
 Earthjustice, Environmental Defense                             797.
 Fund (EDF), Natural Resources
 Defense Council (NRDC), Public
 Citizen, Sierra Club, and Union of
 Concerned Scientists (UCS).
Minnesota Pollution Control Agency     August 30, 2018........  NHTSA-2018-0067-3580;    180 days for comment
 and Minnesota Department of                                     EPA-HQ-OAR-2018-0283-0   period as a whole.
 Transportation.                                                 798.
Consumer Federation of America.......  September 5, 2018......  NHTSA-2018-0067-3400;    120 days for comment
                                                                 EPA-HQ-OAR-2018-0283-0   period as a whole.
                                                                 872.

[[Page 48580]]

 
National Governors Association (NGA),  September 5, 2018......  EPA-HQ-OAR-2018-0283-08  120 days for comment
 Environmental Council of the States                             71.                      period as a whole.
 (ECOS), National Association of
 Clean Air Agencies (NACAA),
 Association of Air Pollution Control
 Agencies (AAPCA), National
 Association of State Energy
 Officials (NASEO).
Georgetown Climate Center............  September 6, 2018......  NHTSA-2018-0067-3610;    At least 120 day
                                                                 EPA-HQ-OAR-2018-0283-0   comment period.
                                                                 873.
Alliance of Automobile Manufacturers   September 6, 2018......  NHTSA-2018-0067-3619;    Not less than 120 day
 (Alliance).                                                     EPA-HQ-OAR-2018-0283-0   comment period.
                                                                 876.
City of Los Angeles..................  September 7, 2018......  NHTSA-2018-0067-4159;    120 days for comment
                                                                 EPA-HQ-OAR-2018-0283-0   period as a whole.
                                                                 893.
American Lung Association............  September 9, 2018......  NHTSA-2018-0067-3615;    At least 120 day
                                                                 EPA-HQ-OAR-2018-0283-0   comment period.
                                                                 875.
32 U.S. Senators \1\.................  September 10, 2018.....  Received by mail.......  120 days for a comment
                                                                                          period as a whole.
New York Department of Environmental   September 10, 2018.....  Received by mail.......  120 days for a comment
 Conservation.                                                                            period as a whole.
South Coast Air Quality Management     September 12, 2018.....  EPA-HQ-OAR-2018-0283-08  Not less than 120 day
 District (SCAQMD).                                              85.                      comment period.
Edison Electric Institute (EEI),       September 18, 2018.....  Received by mail.......  120 days for comment
 National Rural Electric Cooperative                                                      period as a whole.
 Association (NRECA), National
 Association of Manufacturers (NAM),
 Electric Drive Transportation
 Association (EDTA), and American
 Public Power Association (APPA).
New York University School of Law      September 18, 2018.....  Received by mail.......  At least 120 days as a
 Institute for Policy Integrity.                                                          whole.
Alliance to Save Energy..............  September 19, 2018.....  Received by mail.......  At least 120 day
                                                                                          comment period.
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\1\ Kamala D. Harris (D, CA); Dianne Feinstein (D, CA); Charles E. Schumer (D, NY); Edward J. Markey (D, MA);
  Sheldon Whitehouse (D, RI); Jeffrey A. Merkley (D, OR); Richard Blumenthal (D, CT); Patrick Leahy (D, VT);
  Chris Van Hollen (D, MD); Ron Wyden (D, OR); Catherine Cortez Masto (D, NV); Tina Smith (D, MN); Richard J.
  Durbin (D, IL); Mazie K. Hirono (D, HI); Benjamin L. Cardin (D, MD); Michael F. Bennet (D, CO); Jeanne Shaheen
  (D, NH); Margaret Wood Hassan (D, NH); Maria Cantwell (D, WA); Tammy Duckworth (D, IL); Cory A. Booker (D,
  NJ); Tammy Baldwin (D, WI); Jack Reed (D, RI); Patty Murray (D, WA); Kirsten Gillibrand (D, NY); Bernard
  Sanders (D, VT); Elizabeth Warren (D, MA); Thomas R. Carper (D, DE); Robert Menendez (D, NJ); Christopher A.
  Coons (D, DE); Bill Nelson (D, FL); Amy Klobuchar (D, MN).

    Many of these requesters also asked that the agencies hold 
additional public hearings to allow more opportunities for oral 
presentation of public comments, in additional locations. Specifically:
     NESCAUM requested a public hearing be held in a central 
location in a Northeast state that has adopted California's greenhouse 
gas (GHG) standards and zero emissions vehicle (ZEV) program for light-
duty vehicles and ZEV, such as Hartford, CT or Boston, MA;
     The Attorneys General requested that EPA (alone or with 
NHTSA) hold an additional hearing in Sacramento specifically on the 
California waiver withdrawal proposal, as well as holding additional 
hearings on the proposal in Los Angeles, Washington, DC, either 
Portland, OR or Seattle, WA, somewhere in New York State, and 
Baltimore, MD;
     Georgetown Climate Center also requested that a public 
hearing be held in Sacramento specifically on the California waiver 
withdrawal proposal, as well as holding hearings in Los Angeles and 
Washington, DC, and in other states that have adopted California's 
vehicle standards;
     The City of Los Angeles requested that a public hearing be 
held in Los Angeles, and supported the requests from other parties to 
hold additional hearings elsewhere around the country;
     The Minnesota Pollution Control Agency and Minnesota 
Department of Transportation requested that the agencies provide 
workshops like EPA did during development of the Clean Power Plan rule 
to help states and other stakeholders understand and comment on the 
content of the proposal and the agencies' modeling and analyses; and
     SCAQMD supported the requests from other parties to hold 
additional hearings.
    A separate request to hold a public hearing in Oregon was submitted 
by the Democratic members of the U.S. Congressional Delegation from 
Oregon.\2\ This request did not include a request for an extension of 
the comment period.\3\
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    \2\ Specifically, U.S. Senators Jeffrey A. Merkley and Ron 
Wyden, and U.S. Representatives Earl Blumenauer, Suzanne Bonamici, 
Peter DeFazio, and Kurt Schrader.
    \3\ Docket No. EPA-HQ-OAR-2018-0283-0894.
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    In addition to requesting extension to the comment period on the 
proposal, the Attorneys General, the 32 U.S. Senators, the Alliance, 
ELPC, the Minnesota Pollution Control Agency, Consumer Federation of 
America, NCAT, CBD et al., SCAQMD, and New York University School of 
Law's Institute for Policy Integrity also requested extensions of the 
comment period for NHTSA's DEIS, to align the end of that comment 
period with the (extended) comment period for the proposal.
    In support of their requests for longer comment periods and 
additional public hearings (for those who requested them), all 
requesters cited the breadth and depth of the record to review, the 
changes from prior analyses conducted on the same topic, and the 
importance of the proposal in terms of its potential effects on the 
U.S. economy, safety, health, and the environment. Several requesters 
also stated that EPA had provided a 120-day comment period for its 
Clean Power Plan rule.
    The requests for extension of the comment period for the proposal 
to 120 days (or 180 days, in the case of the

[[Page 48581]]

Minnesota requesters) and for additional public hearing locations are 
denied. Automakers will need maximum lead time to respond to the final 
rule, and extending the comment period and holding additional public 
hearings (which would also cause the comment period to be extended) are 
inconsistent with provision of maximum lead time. We recognize, 
however, that the original schedule for the proposed rule public 
comment period did not reflect the Clean Air Act requirement that the 
record of proceedings allowing oral presentation of data, views, and 
arguments on a proposed rule be kept open for thirty days after 
completion of the proceeding to provide an opportunity for submission 
of rebuttal and supplementary information. 42 U.S.C. 7607(d)(5). 
Because the final ``proceeding allowing oral presentation of data, 
views, and arguments,'' is expected to be the September 26, 2018 public 
hearing in Pittsburgh, Pennsylvania, the comment period for the 
proposed rule is being extended by 3 days to Friday, October 26, 2018. 
To provide additional flexibility to commenters, NHTSA is also 
extending the public comment period for the DEIS by 32 days to Friday, 
October 26, 2018. The agencies believe that this amount of time should 
be adequate for commenters to comment meaningfully on the proposal and 
on NHTSA's DEIS.

    Issued on September 21, 2018 in Washington, DC, under authority 
delegated in 49 CFR 1.95 and 501.5
Heidi R. King,
Deputy Administrator, National Highway Traffic Safety Administration.
    Dated: September 21, 2018.
William L. Wehrum,
Assistant Administrator for Air and Radiation, Environmental Protection 
Agency.
[FR Doc. 2018-20962 Filed 9-21-18; 4:15 pm]
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