[Federal Register Volume 70, Number 235 (Thursday, December 8, 2005)]
[Proposed Rules]
[Pages 72970-72973]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23713]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 86
[OAR-2004-0011; FRL-8004-8]
RIN 2060-AM32
Control of Air Pollution From New Motor Vehicles and New Motor
Vehicle Engines: Technical Amendments to Evaporative Emissions
Regulations, Dynamometer Regulations, and Vehicle Labeling
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed rulemaking.
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In the ``Rules and Regulations'' section of this Federal Register,
we are making these technical amendments as a direct final rule without
prior proposal, because we view these technical amendments as
noncontroversial revisions. We anticipate no adverse comment. We have
explained our reasons for these technical amendments in the preamble 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, we will withdraw the portions of the direct final rule
receiving such comment and those portions will not take effect. We will
address all public 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.
DATES: Written comments must be received by January 9, 2006.
ADDRESSES: Submit your comments, identified by Docket ID No. OAR-2004-
0011, by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
Agency Web site: http://www.epa.gov/edocket. EDOCKET,
EPA's electronic public docket and comment system, is EPA's preferred
method for receiving comments. Follow the on-line instructions for
submitting comments.
Fax: (202) 566-1741.
Mail: Docket ID No. OAR-2004-0011, Environmental
Protection Agency, Mailcode: 6102T, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460.
Hand Delivery: Docket ID No. OAR-2004-0011, Environmental
Protection Agency, EPA Docket Center (EPA/DC), Air and Radiation
Docket, Mailcode: 6102T, 1200 Pennsylvania Ave., NW., Washington, DC
20460. Such deliveries are only accepted during the Docket's normal
hours of operation, and special arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to Docket ID No. OAR-2004-0011.
EPA's policy is that all comments received will be included in the
public docket without change and may be made available online at http://www.epa.gov/edocket, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through EDOCKET, regulations.gov, or e-
mail. The EPA EDOCKET and the federal regulations.gov Web sites are
``anonymous access'' systems, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through EDOCKET or regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
Docket: All documents in the docket are listed in the EDOCKET index
at http://www.epa.gov/edocket. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in EDOCKET or in hard
copy at the Docket, EPA/DC, EPA West, Room B102, 1301 Constitution
Ave., NW., Washington, DC. 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, and the
fax number for the Air Docket and Reading Room for OAR-2004-0011 is
(202) 566-1742.
FOR FURTHER INFORMATION CONTACT: Lynn Sohacki, Certification and
Compliance Division, Office of Transportation and Air Quality, 2000
Traverwood, Ann Arbor, MI 48105; telephone number: (734) 214-4851; fax
number: (734) 214-4053; e-mail address: [email protected].
SUPPLEMENTARY INFORMATION: EPA is taking direct final action to make
changes to certain provisions of the evaporative and refueling emission
regulations for light-duty vehicles, light-duty trucks and heavy-duty
vehicles up to 14,000 pounds GVWR, the four-wheel drive dynamometer
test provisions, and the vehicle labeling regulations. The evaporative
changes are intended to (1) Reduce manufacturers' certification
evaporative/refueling test burden, (2) clarify existing evaporative/
refueling requirements and (3) better harmonize Federal evaporative/
refueling test procedures with California evaporative/refueling test
procedures. These actions do not affect manufacturer liability;
manufacturers must still comply with applicable evaporative standards.
Today's action retains EPA's authority to perform all three evaporative
tests (two-day, three-day, and ORVR) on any test vehicle, including
certification and in-use vehicles. The dynamometer changes are intended
to amend outdated regulations to now include four-wheel drive
provisions. The labeling changes are intended to amend regulations to
remove outdated information. Today's action does not change the
stringency of these existing programs.
In the ``Rules and Regulations'' section of today's Federal
Register, we are promulgating these 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 action 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 that is located in the ``Rules and Regulations''
section of this Federal Register publication. The direct final rule
will be effective on February 6, 2006, unless we receive adverse
comment by January 9, 2006, or if we receive a request for a public
hearing by December 23, 2005. 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
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withdrawal of those items only 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 the date set out
above, notwithstanding any adverse comment on any other distinct
amendment, paragraph, or section of the direct final rule.
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 86. If you have any questions, please call the person listed
in the FOR FURTHER INFORMATION CONTACT section above.
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NAICS codes Examples of potentially
Category \a\ SIC codes \b\ regulated entities
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Industry...................................... 336111 3711 Automobile and Light Duty Motor
336112 Vehicle Manufacturing; Heavy
336120 Duty Truck Manufacturing.
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\a\ North American Industry Classification System (NAICS).
\b\ Standard Industrial Classification (SIC) system code.
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. These services are 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).
EPA Office of Transportation and Air Quality Web site:
http://www.epa.gov/otaq/ (look in What's New or under specific
rulemaking topic).
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.
I. 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:
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;
Create a serious inconsistency or otherwise interfere with
an action taken or planned by another agency;
Materially alter the budgetary impact of entitlements,
grants, user fees, or loan programs or the rights and obligations of
recipients thereof; or,
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.
Today's action may reduce testing and reporting burden by allowing
the option for waivers and/or alternative test procedures. The current
average annual reporting burden is listed as 542,118 hours and
$10,889,000 for 153 respondents by the Office of Management and Budget
for light-duty and heavy-duty vehicles. If a manufacturer does not
implement any of today's actions, the reporting burden will not change.
Otherwise, the burden may be reduced by implementing today's actions
but will vary depending upon the options and/or alternative methods
chosen. For instance, utilizing the option to waive the two-diurnal
diurnal-plus-hot-soak will reduce testing burden by approximately 48
hours and $5,000 per vehicle. Since no alternative procedures for the
running loss test or canister loading have been approved at this time,
the burden reduction cannot be quantified, but they will, in the
future, result in decreases in hours and costs. The other options
described in today's action cannot be quantified but would not result
in any additional burden.
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
An agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9.
C. Regulatory Flexibility Act
The RFA generally requires an agency to prepare a regulatory
flexibility analysis of any 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.
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For purposes of assessing the impacts of today's rule on small
entities, small entity is defined as: (1) A small business as defined
by the Small Business Administration regulations at 13 CFR 121.201; (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 final rule on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. In
determining whether a rule has a significant economic impact on a
substantial number of small entities, the impact of concern is any
significant adverse economic impact on small entities, since the
primary purpose of the regulatory flexibility analyses is to identify
and address regulatory alternatives ``which minimize any significant
economic impact of the proposed rule on small entities.'' 5 U.S.C.
Sections 603 and 604. Thus, an agency may conclude that a rule will not
have a significant economic impact on a substantial number of small
entities if the rule relieves regulatory burden, or otherwise has a
positive economic effect on all of the small entities subject to the
rule.
Today's rule revises certain provisions of the Evaporative
Emissions Compliance Procedure (58 FR 16002, March 24, 1993) and the
Onboard Refueling Vapor Recovery Procedure (58 FR 16262, April 6,
1994), such that regulated entities will find it less burdensome to
demonstrate compliance with the requirements of the evaporative
emissions and ORVR test requirements. More specifically, today's action
makes minor revisions to clarify regulations and reduces burdens for
manufacturers without reducing stringency. In addition, today's rule
revises the dynamometer test provisions (40 CFR 86.135-90, 40 CFR
86.159-00, 40 CFR 86.160-00) and the Vehicle Labeling requirements (40
CFR 86.098-35, 40 CFR 86.1807-01), such that regulated entities will
find it less burdensome to test four-wheel drive vehicles and vehicle
labels will reflect current information rather than out-dated
information. We have therefore concluded that today's final rule will
relieve regulatory burden for all small entities.
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.
Today's action 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 today's action 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 Evaporative Emissions
rule, Dynamometer regulations, and Labeling regulations. 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.
Today's action 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. Today's action revises certain
provisions of earlier rules
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that adopted national standards to control vehicle evaporative
emissions, dynamometer test provisions, and labeling requirements. 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 today's action.
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 proposed 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 today's action.
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.
Today's action is not subject to the Executive Order because it is
not an economically significant regulatory action as defined by
Executive Order 12866. Furthermore, today's action 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
Today's action 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.
Today's action 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 action involve the
measurement of vehicle evaporative emissions, the allowance for four-
wheel dynamometer test capabilities in certification and in-use
testing, and labeling requirements revisions.
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 today's action 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). Today's action will be effective February 6, 2006.
II. 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, sections 202 of the
Act, 42 U.S.C. 7521. Today's action 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 29, 2005.
Stephen L. Johnson,
Administrator.
[FR Doc. 05-23713 Filed 12-7-05; 8:45 am]
BILLING CODE 6560-50-P