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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 86

[AMS-FRL-5701-7]

Extension of Interim Revised Durability Procedures for Light-Duty

Vehicles and Light-Duty Trucks

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Proposed Rulemaking.

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SUMMARY: Today's proposal was originally published as a Direct Final

Rule (61 FR 58618, November 15, 1996), but the amendments were removed

due to the receipt of an adverse comment.

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

interim durability procedures used for demonstrating compliance with

light duty vehicle and light duty truck emission standards, applicable

in model years 1994-1996 only. On July 18, 1994, EPA published a direct

final rule extending the applicability of the original rule through

model year 1998. Today's proposal extends the applicability of those

durability procedures indefinitely. The Agency intends to conduct a

separate rulemaking to implement a long-term durability program;

however, such an action will be linked to others as part of a broad-

based streamlining initiative for all vehicle emission compliance

activities. It is difficult to predict with any precision when this

subsequent action will occur. The Agency currently estimates that new

compliance regulations will be promulgated such that they would become

effective no earlier than the 2000 model year. Because the current

durability regulations expire at the end of the 1998 model year,

failure to proceed with today's proposal would result in less effective

and inefficient durability regulations beginning with the 1999 model

year, and may create timing problems for manufacturers planning to use

alternate durability processes in the 1999 model year, since the

durability demonstration procedures would revert back to requiring the

AMA mileage accumulation process, a procedure which requires 100,000

miles to be accumulated on a prototype vehicle.

DATES: Comments must be received on or before April 25, 1997. A public

hearing will be held on March 27, 1997. Request to present oral

testimony must be received at least 5 days prior to the hearing.

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, D.C. 20460. Materials relevant to this proposed rule have

been placed in Docket No. A-93-46. Additional documents of relevance

may be found in Docket No. A-90-24. 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. The

public hearing will be held at the Courtyard by Marriott, 3205

Boardwalk, Ann Arbor, MI. The hearing will begin at 10 am and

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continue until all testimony has been presented.

FOR FURTHER INFORMATION CONTACT: Linda Hormes, Vehicle Programs and

Compliance Division, U.S. Environmental Protection Agency, National

Vehicle and Fuel Emissions Laboratory, 2565 Plymouth Road, Ann Arbor,

MI 48105. Telephone (313) 668-4502.

SUPPLEMENTARY INFORMATION:

Electronic Availability

The preamble and regulatory language are available electronically

on the Technology Transfer Network (TTN), an electronic bulletin board

system operated by EPA's Office of Air Quality, Planning and Standards.

Users are able to access and download TTN files of their first call.

After logging on to TTN, to navigate through the system for the files

of interest, the user must enter the appropriate command at each of a

series of menus. The steps required to access information on this

rulemaking are listed below. The service is free of charge, except for

the cost of the phone call. TTN bulletin board system: (919) 541-5742

(1200-14400 pbs, no parity, 8 data bits, 1 stop bit)

Voice Helpline: (919) 541-5384

Internet access address: TELNET ttnbbs.rtpnc.epa.gov.

Off-line: Mondays from 8:00 AM to 12:00 Noon ET.

1. Technology Transfer Network Top Menu GATEWAY TO TTN

TECHNICAL AREAS (Bulletin Boards); Command: T.

2. TTN TECHNICAL INFORMATION AREAS: OMS--Mobile Sources

Information; Command: M.

3. OMS BBS--MAIN MENU: Rulemaking & Reporting; Command: K.

4. [1] Light Duty; File Area 2 LD VEHICLE DURABILITY.

At this stage, the system will list all available files. To

download a file, select a transfer protocol which will match the

terminal software on your own computer, then set your own software to

receive the file using that same protocol.

If unfamiliar with handling compressed (i.e. ZIP'ed) files, go to

the TTN top menu, System Utilities (Command: 1) for information and the

necessary program to download in order to unZIP the files of interest

after downloading to your computer. After getting the files you want

onto your computer, you can quit the TTN BBS with the oodbye

command.

Internet Access: The preamble, regulatory language and regulatory

support document are also available electronically from the following

EPA internet sites:

World Wide Web: http://www.epa.gov/OMSWWW/

Gopher: gopher://gopher.epa.gov/

Follow menus for: Offices/Air/OMS

FTP: ftp://ftp.epa.gov/

Change Directory to pub/gopher/OMS

Please note that due to differences between the software used to

develop the document and the software into which the document may be

downloaded, changes in format, page length, etc. may occur.

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 (58 FR

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

interim procedures applicable to model years 1994 through 1996, but not

thereafter.

The Agency initially planned to promulgate a separate durability

regulation, hereafter referred to as ``RDP II'' which was to become

effective beginning with the 1997 model year. However, that became

impractical due to lead time constraints for manufacturers wishing to

certify vehicles in that model year and the uncertainty that sufficient

lead time existed for implementation in the 1998 model year as well.

Consequently, the Agency promulgated a direct final rule which

extended the applicability of the RDP-I interim rulemaking through

model year 1998 (59 FR 36368). This was intended to provide

manufacturers with timely notice of the regulations applicable for

certifying vehicles through model year 1998 while EPA continued work on

preparing and finalizing further technical and procedural improvements

to the RDP II program. While work on the RDP-II rule proceeded, various

new events and actions precluded the timely completion of this project.

In particular, in 1995 the Agency undertook an initiative to revise the

current vehicle compliance program, including the RDP-I durability

protocols. The revisions would be implemented via new compliance

program regulations which are projected to become effective with the

2000 model year. These regulations would replace the RDP-I interim

procedures as well as other activities associated with vehicle

compliance. Because these regulations are still in the development

stage, it is not possible to provide manufacturers with a firm

effective date. Therefore, the Agency believes today's proposal of

indefinitely extending the existing RDP-I regulations will satisfy the

industry's need to plan its durability programs and will retain the

current durability options which can be improved upon in future

rulemaking actions.

II. Environmental Effects and Economic Impacts

A. Economic Impacts

This proposal 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 58 FR 3994

(January 12, 1993).

B. Environmental and Cost-Benefit Impacts

The RDP I 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. Today's proposal 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

The Agency originally published this proposal as a direct final

rule because it viewed it as non-controversial and anticipated no

adverse public comments. Because an adverse comment was received, the

direct final rule amendments have been removed in a separate action

published elsewhere in this issue of the Federal Register.

A. Comments and the Public Docket

EPA welcomes comments on all aspects of this proposed rulemaking.

Commenters are especially encouraged to give suggestions for changing

any aspects of the proposal. All comments, with the exception of

proprietary information should be addressed to the EPA Air Docket

Section, Docket No. A-93-46 (see ADDRESSES).

Commenters who wish to submit proprietary information for

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consideration should clearly separate such information from other

comments by (1) labeling proprietary information ``Confidential

Business Information'' and (2) sending proprietary information directly

to the contact person listed (see FOR FURTHER INFORMATION CONTACT) and

not to the public docket. This will help insure that proprietary

information is not inadvertently placed in the docket. If a commenter

wants EPA to use a submission labeled as confidential business

information as part of the basis for the final rule, then a

nonconfidential version of the document, which summarizes the key data

or information, should be sent to the docket.

Information covered by a claim of confidentiality will be disclosed

by EPA only to the extent allowed and by the procedures set forth in 40

CFR Part 2. If no claim of confidentiality accompanies the submission

when it is received by EPA, the submission may be made available to the

public without notifying the commenters.

B. Public Hearing

Anyone wishing to present testimony about this proposal at the

public hearing (see DATES) should, if possible, notify the contact

person (see FOR FURTHER INFORMATION CONTACT) at least five days prior

to the day of the hearing. The contact person should be given an

estimate of the time required for the presentation of testimony and

notification of any need for audio/visual equipment. Testimony will be

scheduled on a first come, first served basis. A sign-up sheet will be

available at the registration table the morning of the hearing for

scheduling those who have not notified the contact earlier and will be

scheduled on a first come, first served basis following the previously

scheduled testimony.

EPA requests that approximately 50 copies of the statement or

material to be presented be brought to the hearing for distribution to

the audience. In addition, EPA would find it helpful to receive an

advanced copy of any statement or material to be presented at the

hearing in advance of the scheduled hearing date. This is to give EPA

staff adequate time to review such material before the hearing.

Advanced copies should be submitted to the listed contact person.

The official records of the hearing will be kept open for 30 days

following the hearing to allow submission of rebuttal and supplementary

testimony. All such submittals should be directed to the Air Docket

Section, Docket No. A-93-24 (see ADDRESSES). The hearing will be

conducted informally, and technical rules of evidence will not apply. A

written transcript of the hearing will be placed in the above docket

for review. Anyone desiring to purchase a copy of the transcript should

make individual arrangements with the court reporter recording the

proceedings.

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 19980 requires federal agencies

to identify potentially adverse impacts of federal regulations upon

small entities. The Small Business Regulatory Enforcement Fairness Act

of 1996 amended these requirements. 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

This regulation does not impose any new information collection

requirements and results in no change to the currently approved

collection. The Office of Management and Budget (OMB) has approved the

information collection requirements contained in this rule under the

provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and

has assigned OMB control number 2060-0104.

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 are listed in 40 CFR Part 9 and 48 CFR Chapter 15.

VIII. Unfunded Mandates Act

Section 202 of the Unfunded Mandates Reform Act of 1995 (signed

into law on March 22, 1995) requires that EPA prepare a budgetary

impact statement before promulgating a rule that includes a federal

mandate that may result in expenditure by state, local, and tribal

governments, in aggregate, or by the private sector, of $100 million or

more in any one year. Section 203 of the Unfunded Mandates Reform Act

requires EPA to establish a plan for obtaining input from and

informing, educating and advising any small governments that may be

significantly or uniquely affected by the rule.

Under section 205 of the Unfunded Mandates Act, EPA must identify

and consider a reasonable number of

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regulatory alternatives before promulgating a rule for which a

budgetary impact statement must be prepared. EPA must select from those

alternatives the least costly, most cost-effective, or least burdensome

alternative that achieves the objectives of the rule, unless EPA

explains why this alternative is not selected or the selection of this

alternative is inconsistent with law.

Because this proposed rule is expected to result in the expenditure

by state, local and tribal governments or the private sector of less

than $100 million in any one year, EPA has not prepared a budgetary

impact statement or specifically addressed selection of the least

costly, most cost-effective or least burdensome alternative. Because

small governments will not be significantly or uniquely affected by

this rule, EPA is not required to develop a plan with regard to small

governments.

List of Subjects in 40 CFR Part 86

Environmental protection, Administrative practice and procedure,

Confidential business information, Labeling, Motor vehicle pollution,

Reporting and recordkeeping requirements.

Dated: March 4, 1997.

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 proposed to be 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 through 1998'' to

read ``1994 and beyond''.

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 through 1998'' to read ``1994

and beyond''.

[FR Doc. 97-5877 Filed 3-10-97; 8:45 am]

BILLING CODE 6560-50-P