[Federal Register Volume 71, Number 249 (Thursday, December 28, 2006)]
[Proposed Rules]
[Pages 78123-78127]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-22309]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 80 and 86
[EPA-HQ-OAR-2006-0363; FRL-8263-5]
RIN 2060-AN66
Amendment to Tier 2 Vehicle Emission Standards and Gasoline
Sulfur Requirements: Partial Exemption for U.S. Pacific Island
Territories
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed Rule.
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SUMMARY: EPA is proposing to exempt the three U.S. Pacific Island
Territories--American Samoa, Guam, and the Commonwealth of the Northern
Mariana Islands (C.N.M.I.)--from the gasoline sulfur requirements that
EPA promulgated in the Tier 2 motor vehicle rule. The Governor of
American Samoa petitioned us for an exemption from the Tier 2 gasoline
sulfur requirement because of the potential for gasoline shortages, the
added cost, and the minimal air quality benefits the Tier 2 gasoline
sulfur requirement would provide to American Samoa. Representatives of
the Governors of Guam and C.N.M.I. have also requested an exemption
referencing the petition submitted by American Samoa. The Far East
market, primarily Singapore, supplies gasoline to the U.S. Pacific
Island Territories. The Tier 2 sulfur standard effectively requires
special gasoline shipments, which would increase the cost and could
jeopardize the security of the gasoline supply to the Pacific Island
Territories. The air quality in American Samoa, Guam, and C.N.M.I. is
generally pristine, due to the wet climate, strong prevailing winds,
and considerable distance from any pollution sources. We recognize that
exempting the U.S. Pacific Island Territories from the gasoline sulfur
standard will result in smaller emission reductions. However, Tier 2
vehicles using higher sulfur gasoline still emit 30% less hydrocarbons
and 60% less NOX than Tier 1 vehicles and negative effects
on the catalytic converter due to the higher sulfur levels are, in many
cases, reversible. Additionally, these reduced benefits are acceptable
due to the pristine air quality, the fact that gasoline quality will
not change, and the cost and difficulty of consistently acquiring Tier
2 compliant gasoline. The Tier 2 motor vehicle rule also sets standards
for vehicle emissions. Vehicles in use on the U.S. Pacific Island
Territories will not be exempt from the Tier 2 vehicle emission
standards. However, additional flexibility will be afforded due to the
lack of low sulfur gasoline.
DATES: Comments must be received on or before January 29, 2007. Request
for a public hearing must be received by January 12, 2007. If we
receive a request for a public hearing, we will publish information
related to the timing and location of the hearing and the timing of a
new deadline for public comments.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2006-0363, by one of the following methods:
http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
Mail: Air Docket, Environmental Protection Agency,
Mailcode: 6102T, 1200 Pennsylvania Ave., NW., Washington, DC, 20460,
Attention Docket ID No. EPA-HQ-OAR-2006-0363. In addition, please mail
a copy of your comments on the information collection provisions to the
Office of Information and Regulatory Affairs, Office of Management and
Budget (OMB), Attn: Desk Officer for EPA, 725 17th St., NW.,
Washington, DC 20503.
Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2006-0363. 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.regulations.gov, 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 http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, 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
[[Page 78124]]
to EPA without going through http://www.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 http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the Air 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 telephone number for the
Air Docket is (202) 566-1742.
Note: The EPA Docket Center suffered damage due to flooding
during the last week of June 2006. The Docket Center is continuing
to operate. However, during the cleanup, there will be temporary
changes to Docket Center telephone numbers, addresses, and hours of
operation for people who wish to make hand deliveries or visit the
Public Reading Room to view documents. Consult EPA's Federal
Register notice at 71 FR 38147 (July 5, 2006) or the EPA Web site at
http://www.epa.gov/epahome/dockets.htm for current information on
docket operations, locations and telephone numbers. The Docket
Center's mailing address for U.S. mail and the procedure for
submitting comments to http://www.regulations.gov are not affected
by the flooding and will remain the same.
FOR FURTHER INFORMATION CONTACT: Sean Hillson, Office of Transportation
and Air Quality, Transportation and Regional Programs Division,
Mailcode AASMCG, Environmental Protection Agency, 2000 Traverwood
Drive, Ann Arbor, MI 48105; telephone number: (734) 214-4789; fax
number: (734) 214-4052; e-mail address: [email protected].
SUPPLEMENTARY INFORMATION: In the ``Rules and Regulations'' section of
today's Federal Register, we are making these revisions as a direct
final rule without prior proposal because we view these revisions as
noncontroversial and anticipate no adverse comment.
We have explained our reasons for these revisions in the preamble
to the direct final rule. For further information, please see the
information provided 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 on the rule, or on one or
more distinct actions in the rule, we will withdraw the direct final
rule, or the portions of the rule receiving adverse comment. 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.
The contents of this preamble are listed in the following outline:
I. General Information
II. Summary of Rule
III. Statutory and Executive Order Reviews
IV. Statutory Provisions and Legal Authority
I. General Information
A. Does this Action Apply to Me?
This action will affect you if you produce new motor vehicles,
alter individual imported motor vehicles to address U.S. regulation, or
convert motor vehicles to use alternative fuels for use in the U.S.
Pacific Island Territories--American Samoa, Guam, and Commonwealth of
the Northern Mariana Islands (C.N.M.I.). It will also affect you if you
produce, import, distribute, or sell gasoline fuel for use in the U.S.
Pacific Island Territories. The following table gives some examples of
entities that may have to follow the regulations. But because these are
only examples, you should carefully examine the regulations in 40 CFR
parts 80 and 86. If you have questions, call the person listed in the
FOR FURTHER INFORMATION CONTACT section of this preamble.
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NAICS codes SIC codes
Examples of potentially regulated entities \a\ \b\
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Motor Vehicle Manufacturers................... 336111 3711
336112
336120
Alternative Fuel Vehicle Converters........... 336311 3592
336312 3714
422720 5172
454312 5984
811198 7549
541514 8742
541690 8931
Commercial Importers of Vehicles and Vehicle 811112 7533
Components...................................
811198 7549
541514 8742
Petroleum Refiners............................ 324110 2911
Gasoline Marketers and Distributers........... 422710 5171
422720 5172
Gasoline Carriers............................. 484220 4212
484230 4213
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\a\ North American Industry Classification System (NAICS).
\b\ Standard Industrial Classification (SIC).
[[Page 78125]]
B. What Should I Consider as I Prepare My Comments for EPA?
1. Submitting CBI
Do not submit confidential business information to EPA through
http://www.regulations.gov or e-mail. Clearly mark the part or all of
the information that you claim to be CBI. For CBI information in a disk
or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM
as CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
2. Tips for Preparing Your Comments
When submitting comments, remember to:
Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
Follow directions--The agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
Explain why you agree or disagree; suggest alternatives
and substitute language for your requested changes.
Describe any assumptions and provide any technical
information and/or data that you used.
If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
Provide specific examples to illustrate your concerns, and
suggest alternatives.
Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
Make sure to submit your comments by the comment period
deadline identified.
II. Summary of Rule
This proposed rule would exempt American Samoa, Guam and the
Commonwealth of the Northern Mariana Islands (C.N.M.I.) from the
gasoline sulfur requirements that EPA promulgated in the Tier 2 motor
vehicle rule. The proposed rule would not exempt American Samoa, Guam,
and C.N.M.I. from the Tier 2 vehicle emission standards. However, we
are providing additional flexibilities for Tier 2 vehicles considering
low sulfur gasoline is unavailable in the territories. These
flexibilities (1) allow additional preconditioning prior to conducting
exhaust emission tests (to remove sulfur deposits on the catalyst and
emission control system components) and (2) allow special OBD system
considerations to account for higher levels of sulfur present in
gasoline. Exempting these U.S. Pacific Island Territories from the
gasoline sulfur standard and providing flexibilities to the vehicle
regulations for Tier 2 vehicles located in the U.S. Pacific Island
Territories would have minimal, if any, impact on air quality.
For additional discussion of the proposed rule changes, see the
direct final rule EPA has published in the ``Rules and Regulations''
section of today's Federal Register. This proposal incorporates by
reference all the reasoning, explanation, and regulatory text from the
direct final rule.
III. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
This action is not a ``significant regulatory action'' under the
terms of Executive Order (EO) 12866 (58 FR 51735, October 4, 1993) and
is therefore not subject to OMB review.
B. Paperwork Reduction Act
This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
This rule does not create new requirements. Its purpose is to relieve a
burden imposed on the three Pacific Island Territories.
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 Regulatory Flexibility Act (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.
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's (SBA) 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 rule on small
entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. This rule
would exempt the three U.S. Pacific Island Territories--American Samoa,
Guam and the Commonwealth of the Northern Mariana Islands--from the
Tier 2 rule for gasoline sulfur requirements and extend existing
related flexibilities to the vehicle emission standards for the three
territories. It does not create new requirements. Its purpose is to
relieve a burden imposed on the three U.S. Pacific Island Territories.
We have therefore concluded that today's rule will relieve regulatory
burden for all affected small entities.
We continue to be interested in the potential impacts of the
proposed rule on small entities and welcome comments on issues related
to such impacts.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Pub.L.
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, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules
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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 in any one year. Before promulgating an
EPA rule for which a written statement is needed, section 205 of the
UMRA generally requires EPA 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
EPA to adopt an alternative other than the least costly, most cost-
effective or least burdensome alternative if the Administrator
publishes with the final rule an explanation why that alternative was
not adopted. Before EPA establishes any regulatory requirements that
may significantly or uniquely affect small governments, including
tribal governments, it must have developed under section 203 of the
UMRA a small government agency plan. The plan must provide for
notifying potentially affected small governments, enabling officials of
affected small governments to have meaningful and timely input in the
development of EPA regulatory proposals with significant Federal
intergovernmental mandates, and informing, educating, and advising
small governments on compliance with the regulatory requirements.
Today's rule contains no Federal mandates (under the regulatory
provisions of Title II of the UMRA) for State, local, or tribal
governments or the private sector. This rule imposes no enforceable
duty on any State, local or tribal governments or the private sector.
It does not create new requirements. Its purpose is to relieve a burden
imposed on the three Pacific Island Territories.
E. Federalism
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA 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.''
This final 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. Thus, Executive Order 13132 does
not apply to this rule. Although section 6 of Executive Order 13132
does not apply to this rule, EPA did consult with representatives of
the U.S. Pacific Island Territories in developing this rule. A summary
of the concerns was raised during that consultation and EPA's response
to those concerns is provided in previous sections of this preamble.
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 9, 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 rule does not have
tribal implications, as specified in Executive Order 13175. This rule
would exempt the three Pacific Island Territories--American Samoa, Guam
and the Commonwealth of the Northern Mariana Islands (C.N.M.I.)--from
the Tier 2 rule for gasoline sulfur requirements and extend existing
related flexibilities to the vehicle emission standards for the three
territories. It applies only to the three U.S. Pacific Island
Territories. 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 EPA has reason to believe may
have a disproportionate effect on children. If the regulatory action
meets both criteria, the Agency must 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 the Agency.
EPA interprets Executive Order 13045 as applying only to those
regulatory actions that are based on health or safety risks, such that
the analysis required under section 5-501 of the Order has the
potential to influence the regulation. This rule is not subject to
Executive Order 13045 because it does not establish an environmental
standard intended to mitigate health or safety risks.
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''), Public Law 104-113, 12(d) (15 U.S.C. 272 note)
directs EPA to use voluntary consensus standards in its regulatory
activities unless to do so 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) that are developed or adopted by
voluntary consensus standards bodies. The NTTAA directs EPA to provide
Congress, through OMB, explanations when the Agency decides not to use
available and applicable voluntary consensus standards.
This proposed rulemaking does not involve technical standards.
Therefore, EPA is not considering the use of any voluntary consensus
standards.
EPA welcomes comments on this aspect of the proposed rulemaking
and, specifically, invites the public to identify potentially-
applicable voluntary consensus standards and to explain why such
standards should be used in this regulation.
IV. 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 325, 211 and
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).
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List of Subjects
40 CFR Part 80
Environmental protection, Administrative practice and procedure,
Gasoline, Reporting and recordkeeping requirements.
40 CFR Part 86
Environmental protection, Administrative practice and procedure,
Motor vehicle pollution.
Dated: December 21, 2006.
Stephen L. Johnson,
Administrator.
[FR Doc. E6-22309 Filed 12-27-06; 8:45 am]
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