[Federal Register Volume 89, Number 115 (Thursday, June 13, 2024)]
[Rules and Regulations]
[Pages 50234-50235]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12590]



[[Page 50234]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 85 and 86

[EPA-HQ-OAR-2022-0829; FRL-8953-05-OAR]
RIN 2060-AV49


Multi-Pollutant Emissions Standards for Model Years 2027 and 
Later Light-Duty and Medium-Duty Vehicles; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correction.

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SUMMARY: The Environmental Protection Agency (EPA) is correcting a 
final rule published in the Federal Register of April 18, 2024, which 
will be effective June 17, 2024. The final rule established new 
emission standards for light-duty and medium-duty motor vehicles. This 
document corrects inadvertent errors introduced in preparing the 
regulatory text for publication. These corrections do not include any 
substantives change to the final rule.

DATES: This correction is effective June 17, 2024.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-HQ-OAR-2022-0829. Publicly available docket materials are 
available either electronically at www.regulations.gov or in hard copy 
at Air and Radiation Docket and Information Center, EPA Docket Center, 
EPA/DC, EPA WJC West Building, 1301 Constitution Ave. NW, Room 3334, 
Washington, DC.

FOR FURTHER INFORMATION CONTACT: Alan Stout, Assessment and Standards 
Division, Office of Transportation and Air Quality, Environmental 
Protection Agency, 2000 Traverwood Drive, Ann Arbor, MI 48105; 
telephone number: (734) 214-4805; email address: [email protected].

SUPPLEMENTARY INFORMATION: EPA is making the following corrections for 
inadvertent errors in the regulatory text for the final rule:
     Revising 40 CFR 85.2103(c) to remove references to a 
nonexistent paragraph (e).
     Revising 40 CFR 86.1 to remove references to nonexistent 
sections 86.1823-01, 86.1824-01, and 86.1825-01.
     Revising 40 CFR 86.1806-27(a)(7) by referring to 
California's LEV standards in general instead of specifically to the 
LEV III standards.
     Restoring the content of 40 CFR 86.1818-12(c)(4), which 
was inadvertently over-written by re-organizing the section content. 
The paragraph is moved to 40 CFR 86.1818-12(a)(4). The restored 
paragraph describes an option for waiving greenhouse gas standards for 
emergency vehicles.
     Eliminating the specific paragraph reference for battery-
related testing in 40 CFR 86.1829-15(a)(2)(ii). The intended reference 
was to all of 40 CFR 86.1815-27, where we discuss the range of battery-
related testing requirements that apply. We note especially that 
battery-related testing requirements apply differently for vehicles 
certified based on California procedures as specified in 40 CFR 
86.1815-27(h).
    Section 553(b)(B) of the Administrative Procedure Act, 5 U.S.C. 
553(b)(B), provides that, when an agency for good cause finds that 
public notice and comment procedures are impracticable, unnecessary, or 
contrary to the public interest, the agency may issue a rule without 
providing notice and an opportunity for public comment. EPA has 
determined that there is good cause for making this technical 
correction final without prior proposal. Such notice and opportunity 
for comment is unnecessary as the technical corrections are for minor 
typographical and other nonsubstantive errors made in the final rule.
    This final rule is effective June 17, 2024. Section 553(d)(3) of 
the Administrative Procedure Act (``APA''), 5 U.S.C. 553(d), provides 
that final rules shall not become effective until 30 days after 
publication in the Federal Register ``except . . . as otherwise 
provided by the agency for good cause.'' The purpose of this provision 
is to ``give affected parties a reasonable time to adjust their 
behavior before the final rule takes effect.'' Omnipoint Corp. v. Fed. 
Commc'n Comm'n, 78 F.3d 620, 630 (D.C. Cir. 1996); see also United 
States v. Gavrilovic, 551 F.2d 1099, 1104 (8th Cir. 1977) (quoting 
legislative history). Thus, in determining whether good cause exists to 
waive the 30-day delay, an agency should ``balance the necessity for 
immediate implementation against principles of fundamental fairness 
which require that all affected persons be afforded a reasonable amount 
of time to prepare for the effective date of its ruling.'' Gavrilovic, 
551 F.2d at 1105. EPA has determined that there is good cause for 
making this final rule effective less than 30 days after publication in 
the Federal Register because the technical corrections are for minor 
typographical and other nonsubstantive errors made in the final rule, 
these corrections will address potential confusion for regulated 
entities that could result if these errors introduced during 
preparation for publication are not corrected prior to the effective 
date of the final rule published in the Federal Register of Monday, 
April 18, 2024, and further time is not needed for regulated entities 
to prepare for such corrections prior to the effective date given the 
nature of the corrections.
    For these reasons, the agency finds that good cause exists under 
APA section 553(d)(3) to make this rule effective June 17, 2024.

Corrections

    In FR Doc. 2024-06214 beginning on page 27842 in the Federal 
Register of April 18, 2024, EPA is making the following corrections:

0
1. On pages 28152 and 28153, in Sec.  85.2103, correct paragraphs 
(c)(1) and (2) to read as follows:


Sec.  85.2103  [Corrected]

* * * * *
    (c) * * *
    (1) For light-duty vehicles, light-duty trucks, and medium-duty 
passenger vehicles, the warranty period for the emission performance 
warranty is 24 months or 24,000 miles, except that the warranty period 
is 8 years or 80,000 miles for any nonconformity resulting from a 
failed specified major emission control component identified in 
paragraph (d) of this section.
    (2) For medium-duty vehicles, the warranty period for the emission 
performance warranty is 5 years or 50,000 miles, except that the 
warranty period is 8 years or 80,000 miles for any nonconformity 
resulting from a failed specified major emission control component 
identified in paragraph (d) of this section.
* * * * *

0
2. On pages 28154 and 28155, in Sec.  86.1, correct paragraph (a)(21) 
to read as follows:


Sec.  86.1  [Corrected]

* * * * *
    (a) * * *
    (21) ASTM E29-93a, Standard Practice for Using Significant Digits 
in Test Data to Determine Conformance with Specifications, approved 
March 15, 1993 (``ASTM E29''); IBR approved for Sec. Sec.  86.004-
15(c); 86.007-11(a); 86.007- 15(m); 86.1803-01.
* * * * *

0
3. On page 28160, in the third column, in Sec.  86.1806-27, correct 
paragraph (a)(7) to read as follows:


Sec.  86.1806-27  [Corrected]

* * * * *
    (a) * * *
    (7) Apply thresholds for exhaust emission malfunctions from Tier 4

[[Page 50235]]

vehicles based on the thresholds calculated for the corresponding bin 
standards in the California LEV program as prescribed for the latest 
model year in 13 CCR 1968.2(d). For example, for Tier 4 Bin 10 
standards, apply the threshold that applies for the LEV standards. For 
cases involving Tier 4 standards that have no corresponding bin 
standards from the California LEV program, use the monitor threshold 
for the next highest LEV bin. For example, for Tier 4 Bin 5 and Bin 10 
standards, apply a threshold of 50 mg/mile (15 mg/mile x 3.33). You may 
apply thresholds that are more stringent than we require under this 
paragraph (a)(7).
* * * * *

0
4. On page 28169, in the second column, in Sec.  86.1818-12, add 
paragraph (a)(4) to read as follows:


Sec.  86.1818-12  [Corrected]

    (a) * * *
    (4) Emergency vehicles may be excluded from the emission standards 
described in this section. The manufacturer must notify the 
Administrator that they are making such an election in the model year 
reports required under 40 CFR 600.512-12. Exclude such vehicles from 
both the calculation of the fleet average standard for a manufacturer 
under paragraph (c) of this section and from the calculation of the 
fleet average carbon-related exhaust emissions in 40 CFR 600.510-12.
* * * * *

0
5. On page 28178, in the first column, in Sec.  86.1829-15, correct 
paragraph (a)(2)(ii) to read as follows:


Sec.  86.1829  [Corrected]

* * * * *
    (a) * * *
    (2) * * *
    (ii) Manufacturers must perform battery durability testing as 
described in Sec.  86.1815-27.
* * * * *

Joseph Goffman,
Assistant Administrator, Office of Air and Radiation.
[FR Doc. 2024-12590 Filed 6-12-24; 8:45 am]
BILLING CODE 6560-50-P