Extension of Interim Revised Durability Procedures for Light-Duty Vehicles and Light-Duty Trucks

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 86

[AMS-FRL-5011-7]

Extension of Interim Revised Durability Procedures for Light-Duty

Vehicles and Light-Duty Trucks

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: On January 12, 1993, EPA published a final rule establishing

interim durability procedures used for demonstrating compliance with

emission standards for light-duty vehicles and light-duty trucks,

applicable to model years 1994-1996 only. This direct final rule

extends the applicability of those durability procedures by two years

to model year 1998. The Agency intends to conduct a rulemaking to

implement a long-term durability program; however, EPA believes this

subsequent regulatory action will not be promulgated soon enough to

provide manufacturers with adequate lead time to revise their model

year 1998 durability programs in a cost-effective manner. A direct

final rule is appropriate because this action resolves the lead time

concerns for model year 1998 and adds no new requirements, but rather

simply allows the extension of the interim program by two years.

DATES: This action will be effective September 16, 1994 unless notice

is received by August 17, 1994 that adverse or critical comments will

be submitted, or that an opportunity to submit such comments at a

public hearing is requested. If adverse comments are received, the

Agency will publish a document in the Federal Register withdrawing the

rule before the effective date.

ADDRESSES: Interested parties may submit written comments (in

duplicate, if possible) to Public Docket No. A-93-46, at: Air Docket

Section, U.S. Environmental Protection Agency, 401 M Street SW.,

Washington, DC 20460.

Materials relevant to this final rule have been placed in Docket

No. A-93-46. The docket is located at the above address in room M-1500,

Waterside Mall, and may be inspected weekdays between 8:30 a.m. and

noon, and between 1:30 p.m. and 3:30 p.m. A reasonable fee may be

charged by EPA for copying docket materials.

FOR FURTHER INFORMATION CONTACT: James A. McCargar, Certification

Division, U.S. Environmental Protection Agency, National Vehicle and

Fuel Emissions Laboratory, 2565 Plymouth Road, Ann Arbor, MI 48105.

Telephone (313) 668-4244.

SUPPLEMENTARY INFORMATION:

I. Background

On January 12, 1993, the Agency published interim procedures for

motor vehicle manufacturers to use in demonstrating compliance with

emission standards for light-duty vehicles and light-duty trucks (57 FR

3994). That rule, referred to as the ``RDP-I rule,'' made the interim

procedures applicable to model years 1994 through 1996, but not

thereafter. The Agency plans to revise the RDP-I interim procedures

through rulemaking addressing further improvements to the durability

process that could not be addressed in the interim rulemaking due to

the time constraints for finalizing guidance for Tier 1 vehicle

emission certifications. That subsequent rulemaking has been referred

to as the ``RDP-II rule.''

The Agency initially planned that the final RDP-II regulatory

action would be effective in the 1997 model year. However, that has

become impractical due to lead time constraints for manufacturers

wishing to certify vehicles in that model year and the uncertainty that

sufficient lead time exists for implementation in the 1998 model year

as well. Consequently, the aim of this action is to simply extend the

applicability of the RDP-I interim rulemaking through model year 1998.

This will provide manufacturers with timely notice of the regulations

applicable for certifying vehicles through model year 1998 while EPA

continues work on preparing and finalizing further technical and

procedural improvements to the durability program. The Agency currently

expects that the RDP-II rule will be applicable in the 1999 model year.

II. Environmental Effects and Economic Impacts

A. Economic Impacts

This action only extends an existing program without modification,

and as such, the Agency does not expect any new economic impacts over

and above those described in the interim rulemaking. In general, the

RDP-I interim rulemaking projected annual cost savings with respect to

the previously existing program of approximately $8.6 million, and

although this number is highly dependent upon the interaction of

several variables, all modeled scenarios resulted in some level of

savings. A complete description of those impacts is contained in 57 FR

3994 (January 12, 1993).

B. Environmental and Cost-Benefit Impacts

The interim rulemaking revised testing and administrative

procedures necessary to determine the compliance of light-duty vehicles

and light-duty trucks with the Tier 1 emission standards promulgated in

June 1991, and no environmental benefit was claimed over and above that

already accounted for in the Tier 1 rule. This two model year extension

will similarly claim no environmental benefit. A detailed discussion of

the Tier 1 environmental impacts can be found in 56 FR 25734 (June 5,

1991).

III. Public Participation and Effective Date

The Agency is publishing this action as a direct final rule because

it views it as non-controversial and anticipates no adverse comments.

This action will be effective in 60 days from the date of publication

of this Federal Register notice unless the Agency receives notice

within 30 days of this publication that adverse or critical comments

will be submitted, or that a party requests the opportunity to submit

such oral comments pursuant to section 307(d)(5) of the Clean Air Act,

as amended.

If such notice is received, this action will be withdrawn before

the effective date by publishing two subsequent documents. One document

will withdraw this final rule and another will begin a new rulemaking

by announcing a proposal of the rule and establishing a comment period.

IV. Statutory Authority

Authority for the actions promulgated in this final rule is granted

to EPA by sections 202, 203, 205, 206, 207, 208, 215, 216, 217, and

301(a), of the Clean Air Act, as amended (42 U.S.C. 7521, 7522, 7524,

7525, 7541, 7542, 7549, 7550, 7552, and 7601(a), and 5 U.S.C. 553(b)).

V. Administrative Designation

Under Executive Order 12866, the Agency must determine whether the

regulatory action is ``significant'' and, therefore, subject to OMB

review and the requirements of the Executive Order. The order defines a

``significant regulatory action'' as one 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, 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.

It has been determined that this rule is not a ``significant

regulatory action'' under the terms of Executive Order 12866 and is

therefore not subject to OMB review.

VI. Regulatory Flexibility Act

The Regulatory Flexibility Act of 1990 requires federal agencies to

identify potentially adverse impacts of federal regulations upon small

entities. In instances where significant impacts are possible on a

substantial number of these entities, agencies are required to perform

a Regulatory Flexibility Analysis.

The Agency has determined that this action will not have an adverse

impact on small entities. Moreover, this regulation does not create any

new regulatory requirements.

Therefore, under section 605 of the Regulatory Flexibility Act, 5

U.S.C. 601 et. seq., I certify that this regulation does not have a

significant impact on a substantial number of small entities.

VII. Reporting and Recordkeeping Requirements

Under the Paperwork Reduction Act of 1980, 44 U.S.C. 3501 et seq.,

EPA must obtain Office of Management and Budget clearance for any

activity that will involve collecting substantially the same

information from ten or more non-Federal respondents. On December 1,

1992, OMB approved collection of information required in 40 CFR 86.094-

26 under ICR control no. 2060-0104. This regulation does not impose any

new information collection requirements and will result in no change in

the reporting burden.

List of Subjects in 40 CFR Part 86

Environmental protection, Administrative practice and procedure,

Air pollution control, Gasoline, Motor vehicles, Motor vehicle

pollution, Reporting and recordkeeping requirements.

Dated: June 30, 1994.

Carol M. Browner,

Administrator.

For the reasons set forth in the preamble, part 86 of chapter I,

title 40 of the Code of Federal Regulations is amended as follows:

PART 86--CONTROL OF AIR POLLUTION FROM NEW AND IN-USE MOTOR

VEHICLES AND NEW AND IN-USE MOTOR VEHICLE ENGINES: CERTIFICATION

AND TEST PROCEDURES

1. The authority citation for part 86 continues to read as follows:

Authority: Secs. 202, 203, 205, 206, 207, 208, 215, 216, 217,

and 301(a), of the Clean Air Act, as amended (42 U.S.C. 7521, 7522,

7524, 7525, 7541, 7542, 7549, 7550, 7552, and 7601(a)).

Sec. 86.094-13 [Amended]

2. In Sec. 86.094-13, paragraphs (a)(1), (c)(1), (d)(1), (e)(1),

and (f)(1) are amended by revising the words ``1994, 1995, and 1996''

to read ``1994 through 1998''.

Sec. 86.094-26 [Amended]

3. In Sec. 86.094-26, paragraphs (a)(2), (b)(2)(i), and (b)(2)(ii)

are amended by revising the words ``1994, 1995, and 1996'' to read

``1994 through 1998''.

[FR Doc. 94-17003 Filed 7-15-94; 8:45 am]

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