Conversions Sales Volume Limit Provisions for Small Volume Manufacturers Certification of the Final Rule Entitled ``Emission Standards for Clean Vehicles and Engines, Requirements for Clean-Fuel Vehicle Conversions, and California Pilot Test Program''

[[Page 129]]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 88

[AMS-FRL-5347-1]

Conversions Sales Volume Limit Provisions for Small Volume

Manufacturers Certification of the Final Rule Entitled ``Emission

Standards for Clean Vehicles and Engines, Requirements for Clean-Fuel

Vehicle Conversions, and California Pilot Test Program''

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; removal of direct final rule provision.

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SUMMARY: On September 30, 1994 (59 FR 50042), EPA published the final

rule establishing emission standards for clean-fuel vehicles (CFVs) and

engines and requirements for CFV conversions. As a part of this final

rule, EPA published a direct final rulemaking (DFRM) intended to apply

a 10,000 vehicle sales volume limit (EPA's current Small-Volume

Manufacturers Certification Program limit) to vehicle converters

seeking to certify their conversion configurations as CFVs under EPA's

Small-Volume Certification Program. EPA is removing this provision

because adverse or critical comments were received by the Agency prior

to October 31, 1994 (the published deadline for submitting comments).

EFFECTIVE DATE: This action is effective January 3, 1996.

ADDRESSES: Materials directly relevant to the direct final rule are

contained in Public Docket A-92-30 located at: Air and Radiation Docket

and Information Center, Room M-1500, Waterside Mall (ground floor),

U.S. Environmental Protection Agency, 401 M Street SW, Washington, D.C.

20460. The docket may be inspected from 8 a.m. until 4 p.m. Monday

through Friday. As provided in 40 CFR part 2, a reasonable fee may be

charged by EPA for copying docket materials.

FOR FURTHER INFORMATION CONTACT: Mr. Bryan Manning, U.S. EPA (SRPB-12),

Regulation Development and Support Division, 2565 Plymouth Road, Ann

Arbor, MI 48105, Telephone: (313) 741-7832.

SUPPLEMENTARY INFORMATION:

I. Accessing Electronic Copies of Rulemaking Documents through the

Technology Transfer Network Bulletin Board System (TTNBBS)

A copy of this action is available through TTNBBS under OMS,

Rulemaking and Reporting, Alternative Fuels, Clean Fuel Fleets. TTNBBS

is available 24 hours a day, 7 days a week except Monday morning from

8-12 EST, when the system is down for maintenance and backup. For help

in accessing the system, call the systems operator at 919-541-5384 in

Research Triangle Park, North Carolina, during normal business hours

EST.

II. Description of Action

The Clean Air Act requires EPA to establish, by regulation,

emission standards for clean-fuel vehicles (CFVs) pursuant to sections

242 and 243 of the Act. On September 30, 1994, EPA promulgated such

emissions standards for all CFVs, including vehicles converted from

conventional vehicles to CFVs. See 59 FR 50042. That rulemaking

included a regulatory provision that adopted a sales volume limit of

10,000 converted vehicles for converters seeking to certify as small

volume manufacturers. The Small-Volume Manufacturers certification

program exempts manufacturers with annual sales of 10,000 or less from

EPA's full certification program. EPA had intended to implement the

10,000 limit for CFV conversion certification under the small-volume

manufacturers provisions to make the treatment of CFVs consistent with

that of other conventional and alternative-fueled vehicles. A

discussion of EPA's perspective on this regulatory provision was

presented in Section II, Part B of the Clean Fuel Vehicle Conversions

Final Rule. See 59 FR 50063-50064 (September 30, 1994).

EPA did not include this sales volume limit in its proposed clean-

fuel vehicle regulations (See 58 FR 32474, June 10, 1993). EPA

promulgated this provision in the final rule establishing the CFV

standards through a direct final rulemaking process, because the Agency

considered it a noncontroversial action and did not anticipate adverse

comment. However, EPA did receive adverse comment during the comment

period provided for the sales volume limit. Specifically, the Natural

Gas Vehicle Coalition (NGVC) commented that certification is more

burdensome for conversion companies compared to Original Equipment

Manufacturers (OEMs) since the relative costs of the end products of

the two types of business are very different and the opportunity to

recover certification costs by increasing product prices is much more

limited for converters. Since adverse comments were received on this

direct final action, EPA is removing the volume limit for converters

seeking to use the provisions for small-volume manufacturers. In

another document elsewhere in this Federal Register, EPA is proposing

to adopt this volume limit for application of small volume manufacturer

provisions to certification of CFV conversions. Interested parties

should refer to the ``Proposed Rules'' section of this Federal Register

for that proposal.

EPA's removal of these regulatory changes is not based on EPA's

agreement or disagreement with the adverse comments received. The

removal is based solely on the receipt of the comment itself. As stated

in the September 30, 1994, rule, the sales volume limit would be

effective only if no persons submitted adverse comments or requested an

opportunity to comment. Section 88.306-94(b)(3) is being revised for

purposes of removing the direct final rule provisions. In addition to

removing the volume limit in this action, EPA is proposing new

provisions regarding the vehicle volume limit for converters seeking

certification under the small volume manufacturers provisions in a

document elsewhere in this Federal Register.

III. Statutory Authority

The statutory authority for this action is granted to EPA by

Sections 202, 203, 247, and 301 of the Clean Air Act.

List of Subjects in 40 CFR Part 88

Environmental protection, Administrative practice and procedure,

Motor vehicle pollution, Reporting and recordkeeping requirements.

Dated: November 27, 1995.

Carol M. Browner,

Administrator.

For the reasons set forth in the preamble part 88 of title 40 of

the Code of Federal Regulations is amended as follows:

PART 88--CLEAN-FUEL VEHICLES

1. The authority citation for Part 88 continues to read as follows:

Authority: 42 U.S.C. 7410, 7418, 7581, 7582, 7583, 7584, 7586,

7588, 7589, 7601(a).

2. Section 88.306-94 of subpart C is amended by revising paragraph

(b)(3) to read as follows:

Sec. 88.306-94 Requirements for a converted vehicle to qualify as a

clean-fuel fleet vehicle.

* * * * *

(b) * * *

(3) For the purpose of determining whether certification under the

Small-Volume Manufacturers Certification Program pursuant to the

requirements of 40 CFR 86.094-14 is permitted, the 10,000 sales volume

limit in 40 CFR 86.094-14(b)(1) is waived for a certifier

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of a clean-fuel vehicle aftermarket conversion.

* * * * *

[FR Doc. 96-102 Filed 1-2-96; 8:45 am]

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