[Federal Register Volume 67, Number 235 (Friday, December 6, 2002)]
[Rules and Regulations]
[Pages 72821-72826]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-30843]
Federal Register / Vol. 67, No. 235 / Friday, December 6, 2002 /
Rules and Regulations
[[Page 72821]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 86
[AMS-FRL-7416-7]
RIN 2060-AI23
Control of Air Pollution From New Motor Vehicles: Amendments to
the Tier 2 Motor Vehicle Emission Regulations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is taking direct final action to clarify and revise
certain provisions of the Tier 2/Gasoline Sulfur regulations
(hereinafter referred to as the Tier 2 rule). Today's action makes
minor revisions to clarify the regulations governing compliance with
the Tier 2 rule, and it modifies the Tier 2 program to provide for the
certification of cleaner diesel engines than were anticipated during
the interim Tier 2 program (through the 2006 model year).
DATES: This direct final rule is effective on March 6, 2003, without
further notice, unless we receive adverse comments by January 6, 2003,
or if we receive a request for a public hearing by December 23, 2002.
Should we receive any adverse comments on this direct final rule, we
will publish a timely withdrawal in the Federal Register informing the
public that this rule will not take effect.
ADDRESSES: Comments: All comments and materials relevant to today's
action should be submitted to Public Docket No. A-97-10 at the
following address: Environmental Protection Agency, EPA Docket Center
(EPA/DC), Air and Radiation Docket, Mail Code 6102T, 1200 Pennsylvania
Avenue, NW., Washington, DC 20460.
Docket: Materials relevant to this rulemaking are contained in
Public Docket Number A-97-10 at the following address: EPA Docket
Center (EPA/DC), Public Reading Room, Room B102, 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 Reading Room
by telephone at (202) 566-1742, and by facsimile at (202) 566-1741. The
telephone number for the Air Docket is (202) 566-1742. You may be
charged a reasonable fee for photocopying docket materials, as provided
in 40 CFR part 2.
FOR FURTHER INFORMATION CONTACT: Roberts French, U.S. EPA, National
Vehicle and Fuel Emissions Laboratory, Assessment and Standards
Division, 2000 Traverwood Drive, Ann Arbor, MI 48105; telephone (734)
214-4380, fax (734) 214-4050, e-mail [email protected].
SUPPLEMENTARY 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 March 6, 2003, without further notice unless we receive
adverse comment by January 6, 2003, or a request for a public hearing
by December 23, 2002. If we receive adverse comment on one or more
distinct amendments, paragraphs, or sections of this rulemaking, 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 amendment, paragraph, or section of today's rulemaking 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 amendment, paragraph, or section of today's rule.
Access to Rulemaking Documents Through the Internet
Today's action is available electronically on the date of
publication from EPA's Federal Register Internet web site listed below.
Electronic copies of this preamble, regulatory language, and other
documents associated with today's final rule are available from the EPA
Office of Transportation and Air Quality Web site listed below shortly
after the rule is signed by the Administrator. This service is free of
charge, except any cost that you already incur for connecting to the
Internet.
EPA Federal Register Web site: http://www.epa.gov/docs/fedrgstr/epa-air/ (either select a desired date or use the Search feature).
Please note that due to differences between the software used to
develop the documents and the software into which the documents may be
downloaded, changes in format, page length, etc., may occur.
Regulated Entities
Entities potentially affected by this action are those that
manufacture and sell motor vehicles in the United States. The table
below gives some examples of entities that may have to comply with the
regulations. However, since these are only examples, you should
carefully examine these and other existing regulations in 40 CFR part
80. If you have any questions, please call the person listed in the FOR
FURTHER INFORMATION CONTACT section above.
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Examples of
Category NAICS SIC potentially
codes a codes b regulated entities
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Industry......................... 336111 3711 Automobile and
336112 light truck
manufacturers.
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a North American Industry Classification System (NAICS).
b Standard Industrial Classification (SIC) system code.
I. Overview of Technical Amendments
The technical amendments described below pertain to the Tier 2/
Gasoline Sulfur regulations finalized by EPA on February 10, 2000 (65
FR 6698), hereafter referred to as the Tier 2 rule or the Tier 2
program. Although we attempt to provide some context in the following
discussions, the emission control program that we are amending is very
complex and detailed and cannot be described completely in this direct
final rule. Readers are advised to consult the documents associated
with this rulemaking if they require more information than is provided
in this direct final rule. Information regarding the Tier 2 rule that
readers may be interested in consulting may be found on the EPA Web
site at http://www.epa.gov/otaq/tr2home.htm.
The Tier 2/Gasoline Sulfur program is designed to significantly
reduce the
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emissions from new passenger cars and light trucks, including pickup
trucks, vans, minivans, and sport-utility vehicles. The program is a
comprehensive regulatory initiative that treats vehicles and fuels as a
system, combining requirements for much cleaner vehicles with
requirements for much lower levels of sulfur in gasoline. The program,
which begins in model year 2004, phases in a single set of exhaust
emission standards that will, for the first time, apply to all
passenger cars, light trucks, and larger passenger vehicles operated on
any fuel. To enable the very clean Tier 2 vehicle emission control
technology to be introduced and to maintain its effectiveness, the Tier
2 program also requires reduced gasoline sulfur levels nationwide. The
Tier 2 program did not require similar changes for diesel fuel sulfur
levels, but a separate rule mandated the reduction of highway diesel
fuel sulfur levels beginning in September, 2006 (66 FR 5001, January
18, 2001). The program will bring about major reductions in annual
emissions responsible for ozone and particulate matter problems.
A. Light-duty Diesel Provisions Under the Interim Tier 2 Program
The Tier 2 rule when fully phased in contains eight emission
standards ``bins'' (bins 1 through 8). Each bin is a set of emission
standards to which manufacturers can certify their vehicles, provided
that each manufacturer meets a specified fleet average NOX
standard. Two additional bins--bins 9 and 10--are available only during
the interim program (2004 through the 2006 model year for light-duty
vehicles (LDVs) and light light-duty trucks (LLDTs), and through the
2008 model year for heavy light-duty trucks (HLDTs) and medium-duty
passenger vehicles (MDPVs)).\1\ \2\ This direct final rule clarifies
some aspects of the interim program requirements for light-duty diesel
vehicles certifying to bins 9 and 10.
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\1\ One additional temporary bin (bin 11) is available that
applies only to MDPVs through the 2008 model year.
\2\ ``Light-duty vehicle'' means a passenger car or a derivative
of a passenger car, seating 12 persons or less. ``Light-duty truck''
means a vehicle with a gross vehicle weight rating of up to 8500
pounds and a curb weight of up to 6000 pounds that is designed
primarily for transportation of property or more than 12 persons, or
that has off-road capabilities. ``Light light-duty truck'' means a
light-duty truck'' with a gross vehicle weight rating of to 6000
pounds, and a ``heavy light-duty truck'' is a light-duty truck with
a gross vehicle weight rating of more than 6000 pounds. A ``medium-
duty passenger vehicle'' is a new class of vehicle introduced in the
Tier 2 program that includes sport-utility vehicles and passenger
vans rated at between 8500 and 10,000 pounds gross vehicle weight
rating.
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In addition to bins of exhaust emission standards for the Federal
Test Procedure (FTP), the Tier 2 rule also established exhaust emission
standards for the Supplemental Federal Test Procedure (SFTP). The SFTP
procedures are intended to control emissions that occur during types of
driving that are not well-represented on the FTP, including rapid
accelerations and decelerations, high speed driving, and driving with
the air conditioner operating.
With the exception of some adjustments to the interim program to
account for the lack of availability of low sulfur diesel fuel, an
overarching principle of the Tier 2 program is the applicability of the
same Tier 2 standards to all LDVs and LDTs, regardless of the fuel they
are designed to use. Diesel powered LDVs and LDTs tend to be used in
the same applications as their gasoline counterparts, and we believe
that they should therefore meet the same standards. We stated in the
Tier 2 final rule that major technological innovations will not be
required for gasoline vehicles to meet the Tier 2 standards, but that
the standards will be especially challenging for diesel vehicles and
will likely require the application of advanced aftertreatment
technologies. These aftertreatment technologies are dependent on the
availability of clean diesel fuel, without which they are not effective
and may be susceptible to damage. For this reason, we included some
provisions in the initial years of the Tier 2 program to enable diesels
to meet the interim requirements without the availability of low sulfur
diesel fuel. We also allowed manufacturers to certify vehicles to an
interim bin 10 during the initial years of the program. We stated that
we believed diesel engines could meet the full useful life requirements
in bin 10 without the need for low sulfur diesel fuel (65 FR 6739).
Beyond the interim program, however, we have provided for the
availability of clean diesel fuel starting in mid-2006 (66 FR 5001,
January 18, 2001), and thus the program was structured so that diesels
will be treated no differently than gasoline vehicles when the final
Tier 2 program is effective and applicable to the entire fleet.
Section IV.B.4.a of the Tier 2 rule preamble (65 FR 6740) briefly
explains the bin 10 provisions as they relate to diesel vehicles.
Specifically, we stated that diesel vehicles ``may opt not to meet the
intermediate life standards associated with this bin.'' In addition, a
footnote to the table of Tier 2 intermediate useful life standards for
the Federal Test Procedure (FTP) reads ``Intermediate life standards
are optional for diesels certified to bin 10'' (65 FR 6741). Although
not specifically stated in this language, it was EPA's intent to exempt
diesel vehicles from the intermediate life standards of both the FTP
and SFTP. As was noted in the Tier 2 rule, low sulfur diesel fuel may
be needed for diesels to meet the intermediate useful life standards of
the interim Tier 2 program, yet low sulfur diesel fuel will not be
widely available during the time frame of the interim program (65 FR
6740). This exemption was intended to apply only for the temporary
duration of bin 10. The Tier 2 rule provided the option for diesels of
opting out of the intermediate life standards of bin 10 in order to
enable light-duty diesels to continue to be manufactured in the absence
of low sulfur fuel, while their gasoline-fueled counterparts will
already be able to enjoy the advantages of clean low sulfur fuel in
meeting the interim standards. Further, the intermediate useful life
standards for diesels certifying to bin 10 during the interim program
are not necessary because diesel engine-out emissions (e.g., emissions
from diesel vehicles not equipped with aftertreatment emission control
devices) are typically stable or decreasing as mileage is accumulated.
Although we intended to make optional for diesels the FTP
intermediate useful life standards, the SFTP 4,000-mile standards, and
the SFTP intermediate useful life standards during the interim program,
the regulatory language does not capture this intent and requires
diesel vehicles certifying to bin 10 to comply with full useful life
SFTP standards and either the 4,000-mile or intermediate life SFTP
standards. Specifically, the regulations currently require that all
vehicles subject to SFTP standards must meet a 4,000-mile standard and
a full useful life standard. The regulations currently provide that
diesel vehicles have the option of complying with an intermediate
useful life standard instead of the 4,000-mile standard through the
2006 model year.
In this direct final rule, we are amending the regulations to be
consistent with the original intent that for diesel vehicles certifying
to bin 10, compliance with the intermediate useful life standards of
both the FTP and the SFTP be optional. This optional compliance will
only be available as long as bin 10 is available. In the case of the
SFTP standards, this means that, like the FTP, diesel vehicles will
only be required to meet a full useful life standard. This change
primarily applies to NOX emissions, as there is no
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intermediate useful life standard for particulate matter (PM) on either
the FTP or SFTP.\3\
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\3\ In general, limits or emissions of other regulated
pollutants (e.g., HC, CO) are not as significant a challenge for
diesel vehicles as are NOX and PM standards.
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This direct final rule also revises the regulations applicable to
diesel vehicles certified to bin 9 so that the intermediate useful life
FTP and SFTP standards will also be optional for bin 9 diesel vehicles.
When the Tier 2 rule was finalized more than two years ago, we limited
the diesel intermediate life option to bin 10 because the information
available at the time suggested that it would be challenging for diesel
vehicles to meet the bin 10 standards in the absence of low sulfur
diesel fuel, and no vehicle manufacturers were predicting that diesels
would be able to meet the standards of more stringent bins during the
interim program. However, in the time since the finalization of the
Tier 2 rule we have learned that light-duty diesel vehicles are under
development that are capable of meeting the bin 9 exhaust emission
standards and could be introduced during the interim Tier 2 program.
One manufacturer of these vehicles has therefore requested that the
regulations be modified such that the bin 9 requirements for diesels
mirror those of bin 10 by providing diesels the option of opting out of
meeting the intermediate useful life standards. Certification to the
bin 9 standards would be a significant achievement in the advancement
of light-duty diesel technology in the initial years of the Tier 2
program, as the NOX standard is one-half that of the bin 10
NOX standard (0.3 grams per mile for bin 9 and 0.6 grams per
mile for bin 10). Further, the PM standard for bin 9 is 0.06 grams per
mile, whereas the bin 10 PM standard is 0.08 grams per mile. If we had
anticipated at the time of finalizing the Tier 2 rule that diesels
would be capable of meeting the bin 9 standards in the absence of low
sulfur diesel fuel, we would have extended the intermediate life opt-
out option to diesels certifying to both bin 9 and bin 10 standards.
Therefore, in this direct final rule we are modifying the
provisions of the Tier 2 interim program such that the bin 9 provisions
are consistent with bin 10. We are doing this by extending the
intermediate life opt-out option to diesels certifying to bin 10 or bin
9. Diesel vehicles require this additional flexibility for bin 9 during
the interim period for the same reasons that this option was provided
for bin 10, as discussed above (i.e., the lack of availability of low
sulfur diesel fuel). As discussed, this option would allow diesel
light-duty vehicles to comply with only the full useful life standards
of both the FTP and SFTP during the interim program. This change will
likely result in the introduction of cleaner diesels than otherwise
would be the case (during the interim period), and furthermore, we view
the possibility of diesels being able to certify to the bin 9 standards
as a great success story for clean diesels that will facilitate the
transition of diesel vehicles to successfully meeting the Tier 2
standards. We believe this revision will encourage development and
application of diesel engines with engine-out emissions even lower than
initially expected when the Tier 2 rule was promulgated. This could
stimulate implementation of technological advances that may reduce
diesel emissions in future years.
B. Definition of Small Volume Manufacturer
The Tier 2 rule added a new definition to 40 CFR part 86, subpart S
for ``U.S. Sales.'' This new definition specifies that the term means
sales in the United States, excluding sales in California and in states
that have adopted the California emissions control program for motor
vehicles under section 177 of the Clean Air Act. This new definition
became necessary to ensure that vehicles sold in states not subject to
the federal emissions control program would not be included in the
determination of a manufacturer's fleet average emissions level.
However, the new definition inadvertently changed the intended use of
the term in some other sections of the Tier 2 regulations. In
particular, the term ``U.S. sales'' is used to determine the
eligibility of manufacturers for provisions applicable to small volume
manufacturers (see 40 CFR 86.1801-01(d), 86.1838-01(b)(1), and 86.1838-
01(b)(2)). Applying the new definition of U.S. sales in these cases
could result in an incorrect determination of eligibility for small
volume manufacturer provisions, because the small volume provisions
intended to use the term to mean sales in all U.S. states and
territories, including California and the section 177 states.
Therefore, this direct final rule is amending 40 CFR 86.1801-01(d),
86.1838-01(b)(1), and 86.1838-01(b)(2) such that the term ``U.S.
sales'' is replaced with ``sales in all states and territories of the
United States.'' The word ``state'' is used in this context
consistently with the definition of ``State'' in section 302(d) of the
Clean Air Act, and includes the District of Columbia, Puerto Rico, and
other parts of the United States that are not formally considered to be
states.
C. Supplemental Federal Test Procedure Requirements for Interim Non-
Tier 2 Vehicles
40 CFR 86.1811-04(f)(4) currently states that ``[i]nterim non-Tier
2 gasoline, diesel and flexible-fueled LDV/LLDTs certified to bin 10
FTP exhaust emission standards * * * may meet the gasoline Tier 1 SFTP
requirements found at Sec. 86.1811-01(b).'' The effect of the language
in the current regulations is to apply the Tier 1 SFTP standards for
LDVs to LDT1s and LDT2s (since LLDT encompasses both LDT1s and LDT2s).
However, the Tier 1 SFTP regulations applicable to LDT2s are different
from the SFTP standards applicable to LDVs and LDT1s. In addition, the
Tier 1 SFTP emission standards in Sec. 86.1811-01(b) are applicable
only to LDVs. The Tier 1 standards for LDT1s are in 86.1812-01, and
those for LDT2s are in Sec. 86.1813-01. The intent of paragraph 40 CFR
86.1811-04(f)(4) was to, in the specific cases noted in the paragraph,
provide the option of meeting the Tier 1 SFTP standards in a manner
consistent with the type and definition of the vehicle. Therefore, in
this direct final rule we are amending 40 CFR 86.1811-04(f)(4) to
state, in its entirety:
Interim non-Tier 2 gasoline, diesel and flexible-fueled LDV/
LLDTs certified to bin 10 FTP exhaust emission standards from Table
S04-1 in paragraph (c) of this section may meet the gasoline Tier 1
SFTP requirements found at Sec. Sec. 86.1811-01(b), 86.1812-01(b),
86.1813-01(b), for LDVs, LDT1s, and LDT2s, respectively.
II. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), the
Agency is required to determine whether this regulatory action would be
``significant'' and therefore subject to review by the Office of
Management and Budget (OMB) and the requirements of the Executive
Order. The order defines a ``significant regulatory action'' as any
regulatory action that is likely to result in a rule that may:
[sbull] Have an annual effect on the economy of $100 million or
more or adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or state, local, or tribal governments or
communities;
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[sbull] Create a serious inconsistency or otherwise interfere with
an action taken or planned by another agency;
[sbull] Materially alter the budgetary impact of entitlements,
grants, user fees, or loan programs or the rights and obligations of
recipients thereof; or,
[sbull] Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
Pursuant to the terms of Executive Order 12866, we have determined
that this final rule is not a ``significant regulatory action.''
B. Paperwork Reduction Act
The Paperwork Reduction Act of 1980, 44 U.S.C. 3501 et seq., and
implementing regulations, 5 CFR part 1320, do not apply to this action
as it does not involve the collection of information as defined
therein.
C. Regulatory Flexibility Act
EPA has determined that it is not necessary to prepare a regulatory
flexibility analysis in connection with this final rule. EPA has also
determined that this rule will not have a significant economic impact
on a substantial number of small entities.
For purposes of assessing the impacts of today's direct final rule
on small entities, small entity is defined as: (1) A motor vehicle
manufacturer with fewer than 1000 employees; (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 direct final rule on
small entities, we have determined that this action will not have a
significant economic impact on a substantial number of small entities.
This direct final rule will not have any adverse economic impact on
small entities. Today's rule revises certain provisions of the Tier 2
rule (65 FR 6698, February 10, 2000), such that regulated entities will
find it easier to comply with the requirements of the Tier 2 rule. More
specifically, today's action makes minor revisions to clarify the
regulations governing compliance with the Tier 2 rule.
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, we
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 for
any single year. Before promulgating a rule for which a written
statement is needed, section 205 of the UMRA generally requires us 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 us to adopt an alternative that is
not the least costly, most cost-effective, or least burdensome
alternative if we provide an explanation in the final rule of why such
an alternative was adopted.
Before we establish any regulatory requirement that may
significantly or uniquely affect small governments, including tribal
governments, we must develop a small government plan pursuant to
section 203 of the UMRA. Such a plan must provide for notifying
potentially affected small governments, and enabling officials of
affected small governments to have meaningful and timely input in the
development of our regulatory proposals with significant federal
intergovernmental mandates. The plan must also provide for informing,
educating, and advising 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 will significantly or uniquely affect
small governments.
We have determined that this rule does not contain a federal
mandate that may result in estimated expenditures of more than $100
million to the private sector in any single year. This action has the
net effect of revising certain provisions of the Tier 2 rule.
Therefore, the requirements of the UMRA do not apply to this action.
E. Executive Order 13132: Federalism
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires us 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.
Under section 6 of Executive Order 13132, we 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 we
consults with state and local officials early in the process of
developing the proposed regulation. We 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 proposed 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, we 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 rule revises certain
provisions of earlier rules that adopted national standards to control
vehicle emissions and gasoline fuel sulfur levels. The requirements of
the rule will be enforced by the federal government at the national
level. Thus, the requirements of section 6 of the Executive Order do
not apply to this rule.
[[Page 72825]]
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, 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.'' This final rule does not have
tribal implications, as specified in Executive Order 13175. Today's
rule does not uniquely affect the communities of American Indian tribal
governments since the motor vehicle requirements for private businesses
in today's rule will have national applicability. Furthermore, today's
rule does not impose any direct compliance costs on these communities
and no circumstances specific to such communities exist that will cause
an impact on these communities beyond those discussed in the other
sections of today's document. 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 we have reason to believe may
have a disproportionate effect on children. If the regulatory action
meets both criteria, section 5-501 of the Executive Order directs us 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 us.
This rule is not subject to the Executive Order because it is not
an economically significant regulatory action as defined by Executive
Order 12866. Furthermore, this rule does not concern an environmental
health or safety risk that we have reason to believe may have a
disproportionate effect on 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 Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), section 12(d) of Public Law 104-113, directs us to
use voluntary consensus standards in our regulatory activities unless
it 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) developed or adopted by voluntary consensus standards
bodies. The NTTAA directs us to provide Congress, through OMB,
explanations when we decide not to use available and applicable
voluntary consensus standards.
This rule references technical standards adopted by us through
previous rulemakings. No new technical standards are established in
today's rule. The standards referenced in today's rule involve the
measurement of gasoline fuel parameters and motor vehicle emissions.
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 prior to 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 rule will be
effective March 6, 2003.
III. Statutory Provisions and Legal Authority
Statutory authority for today's final rule is found in the Clean
Air Act, 42 U.S.C. 7401 et seq., in particular, section 202 of the Act,
42 U.S.C. 7521. This rule is being promulgated under the administrative
and procedural provisions of Clean Air Act section 307(d), 42 U.S.C.
7607(d).
List of Subjects in 40 CFR Part 86
Environmental protection, Administrative practice and procedure,
Motor vehicle pollution.
Dated: November 26, 2002.
Christine Todd Whitman,
Administrator.
For the reasons set forth in the preamble, chapter I, title 40 of
the Code of Federal Regulations is amended as follows:
PART 86--CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES
AND ENGINES
1. The authority citation for part 86 is revised to read as
follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart S--[Amended]
2. Section 86.1801-01 is amended by revising paragraph (d) to read
as follows:
Sec. 86.1801-01 Applicability.
* * * * *
(d) Small volume manufacturers. Special certification procedures
are available for any manufacturer whose projected or actual combined
sales in all states and territories of the United States of light-duty
vehicles, light-duty trucks, heavy-duty vehicles, and heavy-duty
engines in its product line (including all vehicles and engines
imported under the provisions of 40 CFR 85.1505 and 85.1509) are fewer
than 15,000 units for the model year in which the manufacturer seeks
certification. The small volume manufacturer's light-duty vehicle and
light-duty truck certification procedures and described in Sec.
86.1838-01.
* * * * *
3. Section 86.1811-04 is amended by:
a. Revising paragraph (c)(4)(iv);
b. Revising Table S04-2 in paragraph (c)(6);
c. Revising paragraph (f)(4); and
d. Adding paragraph (f)(7).
The revisions and additions read as follows:
Sec. 86.1811-04 Emission standards for light-duty vehicles, light-
duty trucks and medium-duty passenger vehicles.
* * * * *
(c) * * *
(4) * * *
(iv) For diesel vehicles certified to bin 9 or bin 10, intermediate
life standards are optional regardless of whether the manufacturer
certifies the test group to a full useful life of 120,000 miles or
150,000 miles.
* * * * *
[[Page 72826]]
(6) * * *
Table S04-2.--Tier 2 and Interim Non-Tier 2 Intermediate Useful Life (50,000 mile) Exhaust Mass Emission Standards
[grams per mile]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bin No. NOX NMOG CO HCHO PM Notes
--------------------------------------------------------------------------------------------------------------------------------------------------------
11.............................................. 0.6 0.195 5.0 0.022 .......... a c f h
10.............................................. 0.4 0.125/0.160 3.4/4.4 0.015/0.018 .......... a b d f g h
9............................................... 0.2 0.075/0.140 3.4 0.015 .......... a b c f g h
8............................................... 0.14 0.100/0.125 3.4 0.015 .......... b f h i
7............................................... 0.11 0.075 3.4 0.015 .......... f h
6............................................... 0.08 0.075 3.4 0.015 .......... f h
5............................................... 0.05 0.075 3.4 0.015 .......... f h
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
\a\ This bin deleted at end of 2006 model year (end of 2008 model year for HLDTs and MDPVs).
\b\ Higher NMOG, CO and HCHO values apply for HLDTs and MDPVs only.
\c\ This bin is only for MDPVs.
\d\ Optional NMOG standard of 0.195 g/mi applies for qualifying LDT4s and qualifying MDPVs only.
\e\ Optional NMOG standard of 0.100 g/mi applies for qualifying LDT2s only.
\f\ The full useful life PM standards from Table S04-1 also apply at intermediate useful life.
\g\ Intermediate life standards of this bin are optional for diesels.
\h\ Intermediate life standards are optional for vehicles certified to a useful life of 150,000 miles.
\i\ Higher NMOG standard deleted at end of 2008 model year.
(f) * * *
(4) Interim non-Tier 2 gasoline, diesel and flexible-fueled LDV/
LLDTs certified to bin 10 FTP exhaust emission standards from Table
S04-1 in paragraph (c) of this section may meet the gasoline Tier 1
SFTP requirements found at Sec. Sec. 86.1811-01(b), 86.1812-01(b),
86.1813-01(b), for LDVs, LDT1s, and LDT2s, respectively.
* * * * *
(7) For diesel vehicles certified to the bin 9 or bin 10 standards
of paragraph (c) of this section, 4000 mile SFTP and intermediate life
SFTP standards are optional regardless of whether the manufacturer
certifies the test group to a full useful life of 120,000 miles or
150,000 miles.
* * * * *
4. Section 86.1838-01 is amended by revising paragraphs (b)(1)(i),
(b)(1)(ii), and (b)(2)(i) to read as follows:
Sec. 86.1838-01 Small volume manufacturer certification procedures.
* * * * *
(b) * * *
(1) * * *
(i) The optional small-volume manufacturers certification
procedures apply to LDV/Ts and MDPVs produced by manufacturers with
sales in all states and territories of the United States, including all
vehicles and engines imported under provisions of 40 CFR 85.1505 and
85.1509 (for the model year in which certification is sought) of fewer
than 15,000 units (LDV/Ts, MDPVs, heavy-duty vehicles and heavy-duty
engines combined).
(ii) If the aggregated sales in all states and territories of the
United States of the manufacturer, as determined in paragraph (b)(3) of
this section are fewer than 15,000 units, the manufacturer (or each
manufacturer in the case of manufacturers in an aggregated
relationship) may certify under the provisions of paragraph (c) of this
section.
(2) * * *
(i) If the aggregated sales in all states and territories of the
United States, as determined in paragraph (b)(3) of this section are
equal to or greater than 15,000 units, then the manufacturer (or each
manufacturer in the case of manufacturers in an aggregated
relationship) will be allowed to certify a number of units under the
small volume test group certification procedures in accordance with the
criteria identified in paragraphs (b)(2)(ii) through (iv) of this
section.
* * * * *
[FR Doc. 02-30843 Filed 12-5-02; 8:45 am]
BILLING CODE 6560-50-P