[Federal Register Volume 68, Number 116 (Tuesday, June 17, 2003)]
[Proposed Rules]
[Pages 35830-35832]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-14570]
[[Page 35830]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 86
[FRL-7492-7]
RIN 2060-AJ77
Control of Air Pollution From New Motor Vehicles and New Motor
Vehicle Engines; Modification of Federal On-Board Diagnostic
Regulations for: Light-Duty Vehicles, Light-Duty Trucks, Medium-Duty
Passenger Vehicles, Complete Heavy-Duty Vehicles and Engines Intended
for Use in Heavy-Duty Vehicles Weighing 14,000 Pounds GVWR or Less;
Extension of Acceptance of California OBD II Requirements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed rulemaking.
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SUMMARY: EPA is proposing to amend and revise certain requirements
associated with the federal on-board diagnostic (OBD) system
regulations. EPA previously promulgated an OBD rulemaking on December
22, 1998 (63 FR 70681), which indefinitely extended the provision
allowing compliance with California OBD II requirements to satisfy
federal OBD requirements. The California Air Resources Board (CARB) has
recently revised their OBD II requirements. Accordingly, today's action
proposes appropriate revisions to federal OBD regulations including:
updating the reference to the allowed version of the California OBD II
regulations to the most recently adopted version such that compliance
with the recently revised California OBD II requirements will satisfy
certain federal OBD requirements; allowing compliance with California
OBD II catalyst monitoring requirements; updating the incorporation by
reference of several recommended practices developed by the Society of
Automotive Engineers (SAE) and the International Organization for
Standardization (ISO) to incorporate recently published versions, while
also incorporating by reference a new standardized protocol developed
by the International Organization for Standardization (ISO) and
establishing a future date by which this protocol will be the only
acceptable protocol; and issuing a technical amendment to the optional
heavy-duty (HD) vehicle weighing 14,000 pounds GVWR or less chassis
certification requirements. OBD systems in general provide substantial
benefits to the environment by diagnosing and alerting operators,
vehicle inspection and maintenance (I/M) personnel, and service
providers to deterioration or malfunction of emission control related
systems.
DATES: Written comments must be received by July 17, 2003, and requests
for a public hearing must be received by July 2, 2003. If EPA receives
a request for a public hearing then the hearing will take place on July
17, 2003, and the written comment period will then close on September
2, 2003. By July 14, 2003, any person who plans to attend the hearing
should call Arvon Mitcham at (734) 214-4522 to learn if the hearing
will be held. If EPA receives a request for a public hearing, EPA will
hold the public hearing in the first floor conference room at 501 3rd
Street, NW., Washington, DC.
ADDRESSES: Comments: All comments and materials relevant to today's
action should be submitted to Public Docket No. A-2002-20 at EPA's Air
and Radiation Docket and Information Center (Air Docket) at the
following address: EPA Docket Center (EPA/DC), Public Reading Room,
Room B102, EPA West Building, 1301 Constitution Avenue, NW.,
Washington, DC 20460. Dockets may be inspected from 8:30 a.m. to 4:30
p.m., Monday through Friday, except on government holidays. You can
reach the Air Docket by telephone at (202) 566-1742 and by facsimile at
(202) 566-1741. You may be charged a reasonable fee for photocopying
docket materials, as provided in 40 CFR part 2.
FOR FURTHER INFORMATION CONTACT: Arvon Mitcham, U.S. EPA, National
Vehicle and Fuels Emission Laboratory, Certification and Compliance
Division, 2000 Traverwood, Ann Arbor MI 48105; telephone (734) 214-
4522, e-mail [email protected].
SUPPLEMENTARY INFORMATION: This document concerns proposed amendments
and revisions to EPA's OBD regulations. In the ``Rules and
Regulations'' section of today's Federal Register, we are approving
these amendments and revisions as a direct final rule without a prior
proposal because we view this as a noncontroversial action and
anticipate no adverse comment. We have explained our reasons for this
approval in the preamble to the direct final rule. This proposal
incorporates by reference all of the reasoning, explanation and
regulatory text from the direct final rule. For further information,
including the regulatory text for this proposal, please refer to the
direct final rule. If we receive no adverse comment, we will not take
further action on this proposed rule. 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
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. Any distinct amendment, paragraph, or section of today's
rulemaking for which we do not receive adverse comment will become
effective on August 18, 2003, notwithstanding any adverse comment on
any other distinct amendment, paragraph, or section of today's rule.
Regulated Entities
Entities potentially regulated by this action are those which
manufacture new motor vehicles and engines.
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SIC codes
Category Examples of regulated entities NAICS codes a b
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Industry.............................. New motor vehicle and engine 33611, 336112, 336120........ 3711
manufacturers.
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a North American Industry Classification System (NAICS) Code.
b Standard Industrial Classification (SIC) System Code.
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities EPA is now aware could potentially
be regulated by this action. Other types of entities not listed in the
table could also be regulated. To determine whether your product is
regulated by this action, you should carefully examine the
applicability criteria in Sec. 86.005-17 and Sec. 86.1806-05 of title
40 of the Code of Federal Regulations. If you have questions regarding
the applicability of this action to a particular product, consult the
person listed in the preceding FOR FURTHER INFORMATION CONTACT section.
[[Page 35831]]
Access to Rulemaking Documents Through the Internet
Today's action is available electronically on the day 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 proposal 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.)
On-board diagnostics home page: http://www.epa.gov/otaq/obd.htm.
Please note that due to differences between the software used to
develop the document and the software into which the document may be
downloaded, changes in format, page length, etc., may occur.
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:
(1) 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;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or,
(4) 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 proposed rule is not a ``significant regulatory action.''
B. Paperwork Reduction Act
Today's action does not impose any new information collection
burden. The modifications noted above do not change the information
collection requirements submitted to and approved by OMB in association
with the OBD final rulemakings (58 FR 9468, February 19, 1993; and 59
FR 38372, July 28, 1994).
C. Regulatory Flexibility Act
The RFA generally requires an agency to prepare an initial
regulatory flexibility analysis of any proposed 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 today's direct final rule
on small entities, small entity is defined as: (1) Those businesses
meeting the definition provided by the Small Business Administration;
(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, EPA determines that this action will not have a
significant economic impact on a substantial number of small entities.
This rulemaking will provide regulatory relief to both large and small
volume automobile and heavy-duty vehicle and engine manufacturers by
maintaining consistency with California OBDII requirements. This
rulemaking will not have a significant impact on businesses that
manufacture, rebuild, distribute, or sell automotive parts, nor those
involved in automotive service and repair, as the revisions affect only
requirements on automobile and heavy-duty truck and engine
manufacturers. See United Distribution Companies v. FERC, 88 F. 3rd
1005, 1170 (D.C. Cir. 1996). Most manufacturers have thus far chosen to
reduce their costs by producing vehicle OBD systems to California
specifications, thereby avoiding the necessity of developing
significantly different OBD calibrations meeting the existing federal
specifications for the non-California markets. Today's continuation of
the optional compliance option to California's OBDII requirements
continues this cost reduction.
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 proposed rule contains no Federal mandates for State, local,
or tribal governments as defined by the provisions of title II of the
UMRA. The proposed rule imposes no enforceable duties on any of these
governmental entities. Nothing in the proposal will significantly or
uniquely affect small governments.
We have determined that this proposed 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.
[[Page 35832]]
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 consult
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 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. This proposed rule updates
provisions of an earlier rule that adopted national standards relating
to OBD systems and the ability of manufacturers to demonstrate Federal
compliance based on demonstration of compliance with California OBD II
regulations. 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.
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 proposed rule does not
have tribal implications, as specified in Executive Order 13175.
Today's rule would not uniquely affect the communities of American
Indian tribal governments since the motor vehicle fuel and other
related requirements for private businesses in today's rule have
national applicability. Furthermore, today's proposed 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.
This proposed rule does not significantly or uniquely affect the
communities of Indian tribal governments. As noted above, this rule
will be implemented at the federal level and imposes compliance
obligations and options on private industry. Thus, Executive Order
13175 does not apply to this proposed rule.
G. Executive Order 13045: Protection of Children From Environmental
Health & 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 proposed 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 proposed 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 and 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 proposed rule references technical standards adopted by us
through previous rulemakings. No new technical standards are
established in today's proposed rule.
Statutory and Legal Authority
Statutory authority for today's proposed rule comes from the Clean
Air Act, 42 U.S.C. 7401 et seq., in particular, section 202(m) of the
Act (42 U.S.C. 7521(m)).
List of Subjects in 40 CFR Part 86
Environmental protection, Incorporation by reference,
Administrative practice and procedure, Motor vehicle pollution, On-
board diagnostics.
Dated: April 25, 2003.
Christine Todd Whitman,
Administrator.
[FR Doc. 03-14570 Filed 6-16-03; 8:45 am]
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