[Federal Register Volume 71, Number 61 (Thursday, March 30, 2006)]
[Proposed Rules]
[Pages 16087-16090]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-2980]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 86
[OAR-2006-0160; FRL-8049-5]
RIN 2060-AN67
Control of Air Pollution from New Motor Vehicles: Amendments to
the Tier 2 Motor Vehicle Emission Regulations; Proposed Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed rulemaking.
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SUMMARY: EPA is proposing to make minor amendments to the existing Tier
2 motor vehicle regulations (65 FR 6698, February 10, 2000, hereinafter
referred to as the Tier 2 rule). These proposed minor amendments are
consistent with our intention, under the original Tier 2 rule, to
provide interim compliance flexibilities for clean diesels in the
passenger car market. While the automotive industry has made rapid
advancements in light-duty diesel emissions control technologies and
will, as a result, be able to produce diesel vehicles that can comply
with the primary regulatory requirements of the Tier 2 program, diesel
vehicles still face some very limited technological challenges in
meeting the full suite of Tier 2 requirements. This action would
provide two voluntary, interim alternative compliance options for a
very limited set of standards for oxides of nitrogen (NOX),
including only high altitude and high speed/high acceleration
conditions. These temporary alternative compliance options are designed
to be environmentally neutral, as manufacturers choosing them would
then be required to meet more stringent standards in other aspects of
the Tier 2 program. The alternative compliance options would last for
only three model years, during which time advancements in diesel
emissions control technologies would be further developed.
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 and 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 would not
take further action on this proposed rule. If we receive adverse
comment, we would withdraw the portions of the direct final rule
receiving such comment and those portions would not take effect. We
would address all public comments in a subsequent final rule based on
this proposed rule. We would not institute a second comment period on
this action. Any parties interested in commenting must do so at this
time.
DATES: If we do not receive a request for a public hearing, written
comments are due May 1, 2006. Requests for a public hearing must be
received by April 14, 2006. If we do receive a request for a public
hearing, it would be held on May 1, 2006, starting at 10 a.m. In that
case, the public comment period would close on June 28, 2006.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2006-0160, by one of the following methods:
http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
Mail: Public Docket No. A-97-10, Environmental Protection
Agency, Mailcode: 6102T, 1200 Pennsylvania Ave., NW., Washington, DC
20460.
Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2006-0160. 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 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.
FOR FURTHER INFORMATION CONTACT: Todd Sherwood, U.S. EPA, National
Vehicle and Fuel Emissions Laboratory, Assessment and Standards
Division, 2000 Traverwood Drive, Ann Arbor, MI 48105; telephone (734)
214-4405, fax (734) 214-4816, e-mail [email protected].
SUPPLEMENTARY INFORMATION: EPA is proposing to make minor amendments to
the existing Tier 2 motor vehicle regulations (65 FR 6698, February 10,
2000, hereinafter referred to as the Tier 2 rule). These minor
amendments are consistent with our intention, under the original Tier 2
rule, to provide interim flexibilities for clean diesels in the
passenger car market. This action would provide two voluntary
alternative compliance options for a very limited set of standards for
oxides of nitrogen (NOX) (high altitude and high speed/hard
acceleration). The alternative compliance options would last for only
three model years, during which time advancements in diesel emissions
control technologies would be further developed.
[[Page 16088]]
In the ``Rules and Regulations'' section of this Federal Register,
we are making these minor amendments as a direct final rule without
prior proposal because we view these amendments as noncontroversial
revisions 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 June 28, 2006 unless we receive adverse
comment by May 1, 2006, or if we receive a request for a public hearing
by April 14, 2006. If we receive no adverse comment, we will take no
further action on this proposed 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 proposed 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/fedrgstr/EPA-AIR/
(either select a desired date or use the Search feature).
EPA Office of Transportation and Air Quality Web site for Tier 2
Vehicle and Gasoline Sulfur Program Amendments: http://www.epa.gov/tier2/amendments.htm.
Please note that changes in format, page length, etc., may occur
due to computer software differences.
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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NAICS codes
Category \a\ SIC codes \b\ Examples of potentially regulated entities
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Industry..................................... 336111 3711
336112 .............. Automobile and light truck manufacturers.
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\a\ North American Industry Classification System (NAICS).
\b\ Standard Industrial Classification (SIC) system code.
I. Overview of Alternative Compliance Options
In the ``Rules and Regulations'' section of this Federal Register,
we are making two minor amendments to the Tier 2 program as a direct
final rule without prior proposal. As noted above, we are doing this
because we view these minor amendments as noncontroversial and
anticipate no adverse comment. We have explained our reasons for making
these minor amendments 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.
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:
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 proposed 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.
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
[[Page 16089]]
organizations, and small governmental jurisdictions.
For purposes of assessing the impacts of today's proposed 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 proposed rule on
small entities, we 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 rule on small entities.'' 5 U.S.C. 603 and 604.
Thus, an agency may certify 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.
This proposed rule would 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 have
more flexibility in complying with the requirements of the Tier 2 rule.
More specifically, today's action provides alternative compliance
options that relax very limited elements of the Tier 2 standards in
return for greater stringency in other, broader elements of the
standards. 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), 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 to 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 would 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 providing alternative compliance options within 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.''
The phrase ``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 we consult
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 would 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 would 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 provides alternative
compliance options for complying with existing rules that adopted
national standards to control vehicle emissions and gasoline fuel
sulfur levels. The requirements of the rule would 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
[[Page 16090]]
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 does not uniquely affect the communities of American Indian tribal
governments since the motor vehicle requirements for private businesses
in today's rule would 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 would
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.
III. Statutory Provisions and Legal Authority
Statutory authority for today's proposed 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: March 21, 2006.
Stephen L. Johnson,
Administrator.
[FR Doc. 06-2980 Filed 3-29-06; 8:45 am]
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