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

 [Federal Register: July 18, 1994]




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.




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:
    2. 


    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]
BILLING CODE 6560-50-P

 
 

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