United States Government Publishing Office publisher pbl distributor dst United States National Archives and Records Administration Office of the Federal Register author aut Government Organization text government publication eng FR Regulatory Information 2007_register executive 2010-09-22 article Rules and Regulations D09002ee1c80a45b4 D09002ee1c80a4622 United States Environmental Protection Agency originator org United States Government Agency or Subagency In this rulemaking, EPA is making certain technical corrections to the rules establishing emission standards for nonroad diesel engines. In addition, we are amending those rules to provide nonroad diesel equipment manufacturers with a production technical relief provision for Tier 3 equipment which is similar to the technical relief provision already available for Tier 4 equipment. Like the Tier 4 provisions, the new Tier 3 technical relief provision deals with a situation where an equipment manufacturer which is not vertically integrated with its engine supplier is unable to complete redesign of the equipment within the time required by rule (here, the Tier 3 rule). To be eligible, the equipment manufacturer must show both that its inability to furnish a compliant equipment design is due to the engine supplier, and that the equipment manufacturer has exhausted other flexibilities already provided by the Tier 3 rule. The amount of relief under the Tier 3 technical relief provision is somewhat less than is available under the parallel Tier 4 provision, however. The Tier 3 Technical flexibility will apply up to a maximum of an additional 50% of production beyond the original 80% provided by the Tier 3 production flexibility provision. In addition, each grant of Tier 3 technical relief is associated with the likelihood of earlier use of Tier 4 nonroad diesel engines. The rule thus provides that for each one percent of use of Tier 3 technical relief, some percentage of the automatic Tier 4 production flexibility for the same engine power category, and some percentage of potential Tier 4 technical relief, is no longer available. The percentage varies based on the type of engine for which Tier 3 technical relief is granted, the largest Tier 4 "penalty" being associated with use of the higher emitting earlier tier engines. 72 FR 53118 https://www.govinfo.gov/app/details/FR-2007-09-18/E7-18161 E7-18161 fr18se07-13 RIN 2060-AO37 6560-50-P EPA-HQ-OAR-2007-0652 FRL-8467-2 https://www.govinfo.gov/app/details/FR-2007-09-18/E7-18161 https://www.govinfo.gov/content/pkg/FR-2007-09-18/html/E7-18161.htm https://www.govinfo.gov/content/pkg/FR-2007-09-18/pdf/E7-18161.pdf Environmental Protection Administrative Practice and Procedure Confidential Business Information Imports Labeling Motor Vehicle Pollution Reporting and Recordkeeping Requirements Research Vessels Warranties Air Pollution Control Penalties 17 p. 53118 53134 72 FR 53118 Title 40 Part 1039 40 CFR Part 1039 Title 40 Part 89 40 CFR Part 89 Title 40 Part 9 40 CFR Part 9 RIN 2060-AO37 Nonroad Diesel Technical Amendments and Tier 3 Technical Relief Provision; Federal Register Vol. 72, Issue RULE E7-18161 ENVIRONMENTAL PROTECTION AGENCY 2007-11-19 2007-10-18 2007-10-03 EPA-HQ-OAR-2007-0652 FRL-8467-2 6560-50-P E7-18161 Direct final rule.

In this rulemaking, EPA is making certain technical corrections to the rules establishing emission standards for nonroad diesel engines. In addition, we are amending those rules to provide nonroad diesel equipment manufacturers with a production technical relief provision for Tier 3 equipment which is similar to the technical relief provision already available for Tier 4 equipment. Like the Tier 4 provisions, the new Tier 3 technical relief provision deals with a situation where an equipment manufacturer which is not vertically integrated with its engine supplier is unable to complete redesign of the equipment within the time required by rule (here, the Tier 3 rule). To be eligible, the equipment manufacturer must show both that its inability to furnish a compliant equipment design is due to the engine supplier, and that the equipment manufacturer has exhausted other flexibilities already provided by the Tier 3 rule. The amount of relief under the Tier 3 technical relief provision is somewhat less than is available under the parallel Tier 4 provision, however. The Tier 3 Technical flexibility will apply up to a maximum of an additional 50% of production beyond the original 80% provided by the Tier 3 production flexibility provision. In addition, each grant of Tier 3 technical relief is associated with the likelihood of earlier use of Tier 4 nonroad diesel engines. The rule thus provides that for each one percent of use of Tier 3 technical relief, some percentage of the automatic Tier 4 production flexibility for the same engine power category, and some percentage of potential Tier 4 technical relief, is no longer available. The percentage varies based on the type of engine for which Tier 3 technical relief is granted, the largest Tier 4 "penalty" being associated with use of the higher emitting earlier tier engines.

This direct final rule is effective on November 19, 2007 without further notice, unless we receive adverse comments by October 18, 2007 or receive a request for a public hearing by October 3, 2007. If we receive any significant 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 significant adverse comment, will not take effect. Zuimdie Guerra, Environmental Protection Agency, Office of Transportation and Air Quality, Assessment and Standards Division, 2000 Traverwood Drive Ann Arbor, MI 48105; e- Environmental Protection Administrative Practice and Procedure Confidential Business Information Imports Labeling Motor Vehicle Pollution Reporting and Recordkeeping Requirements Research Vessels Warranties Air Pollution Control Penalties Air pollution control; new motor vehicles and engines: Nonroad diesel engines; emission standards; technical amendments and Tier 3 technical relief provision, a-and-r-Docket@epa.gov guerra.zuimdie@epa.gov http://www.epa.gov/docs/fedrgstr/EPA-AIR http://www.epa.gov/epahome/dockets.htm http://www.epa.gov/otaq http://www.epa.gov/OTAQ/imports/ http://www.regulations.gov http://www.sae.org www.regulations.gov Vol. 72, no. 180 Office of the Federal Register, National Archives and Records Administration 2007-09-18 continuing daily deposited born digital 318 p. Table of Contents: AE 2.7: GS 4.107: AE 2.106: KF70.A2 https://www.govinfo.gov/app/details/FR-2007-09-18 P0b002ee180955cca 0097-6326 0042-1219 0364-1406 769-004-00000-9 000582072 f:fr18se07 https://www.govinfo.gov/app/details/FR-2007-09-18 https://www.govinfo.gov/content/pkg/FR-2007-09-18/pdf/FR-2007-09-18.pdf https://www.govinfo.gov/content/pkg/FR-2007-09-18/xml/FR-2007-09-18.xml fdlp 53101 53409 DGPO 2010-09-22 2024-06-05 FR-2007-09-18 machine generated eng FR FR-2007-09-18 72 180