Exhaust Emission Test Procedures for All-Terrain Vehicles
[Federal Register: April 26, 2007 (Volume 72, Number 80)]
[Proposed Rules]
[Page 20806-20809]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26ap07-33]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 1051
[EPA-HQ-OAR-2006-0858; FRL-8305-7]
RIN 2060-A035
Exhaust Emission Test Procedures for All-Terrain Vehicles
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed rulemaking.
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SUMMARY: In a rule published November 8, 2002, EPA promulgated new
emission standards for recreational vehicles beginning in model year
2006. This included a newly regulated class of nonroad vehicles/engines
commonly referred to as all-terrain vehicles. In that rulemaking, a
temporary provision was included allowing manufacturers to certify all-
terrain vehicles over a steady-state, engine-based, duty cycle for
exhaust emissions prior to the 2009 model year in lieu of the
transient, chassis-based, Federal Test Procedure which was effective
for 2006 and later model years. In this rulemaking we are proposing to
extend the availability of this temporary provision for in some cases
up to an additional six model years, after which the chassis-based
Federal Test Procedure would become the only available test cycle. More
specifically, manufacturers would have to certify exhaust emission
engine families representing not less than 50 percent of their U.S.-
directed production on the Federal Test Procedure in model year 2014
and 100 percent in 2015. Manufacturers with only one all-terrain
vehicle exhaust emission engine engine family would not be required to
use the Federal Test Procedure until the 2015 model year. For those
manufacturers who have not yet done so, this will allow additional time
to certify to the previously promulgated Federal Test Procedure-based
emission standards using either contract facilities or by obtaining in-
house capability.
DATES: Written comments must be received by May 29, 2007. Request for a
public hearing must be received by May 11, 2007. If we receive a
request for a public hearing, we will publish information related to
the timing and location of the hearing and the timing of a new deadline
for public comments.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2006-0858, by one of the following methods:
? http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
? E-mail: a-and-r-docket@epa.gov.
? Fax: (202) 566-1741.
[[Page 20807]]
? Mail: Environmental Protection Agency, Mail Code: 6102T,
1200 Pennsylvania Ave., NW., Washington, DC 20460. Please include two
copies.
? Hand Delivery: EPA Docket Center (Air Docket), U.S.
Environmental Protection Agency, EPA West Building, 1301 Constitution
Avenue, NW., Room: 3334, Mail Code: 6102T, Washington, DC. Such
deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2006-0858. 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. For additional information about EPA's public docket, visit
the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
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 EPA Docket Center, EPA/
DC, EPA West, Room 3334, 1301 Constitution Avenue, 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: Michael Samulski, Assessment and
Standards Division, Office of Transportation and Air Quality, 2000
Traverwood Drive, Ann Arbor, MI 48105; telephone number: (734) 214-
4532; fax number: (734) 214-4050; e-mail address:
samulski.michael@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
In the ``Rules and Regulations'' section of this Federal Register,
we are making these revisions as a direct final rule without prior
proposal because we view these revisions as noncontroversial and
anticipate no adverse comment.
We have explained our reasons for these revisions in the preamble
to the direct final rule. If we receive no adverse comment, we will not
take further action on this proposed rule. If we receive adverse
comment on the rule, we will withdraw the direct final rule. We will
address all public comments in a subsequent final rule based on this
proposed rule. We will not institute a second comment period on this
action. Any parties interested in commenting must do so at this time.
II. Does This Action Apply to Me?
This action will affect companies that manufacture and certify all-
terrain vehicles in the United States.
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Examples of potentially
Category NAICS code \a\ affected entities
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Industry....................... 336999 Snowmobiles and all-
terrain vehicle
manufacturers.
Industry....................... 421110 Independent commercial
importers of vehicles
and parts.
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\a\ North American Industry Classification System (NAICS).
To determine whether particular activities may be affected by this
action, you should carefully examine the regulations. You may direct
questions regarding the applicability of this action as noted in FOR
FURTHER INFORMATION CONTACT.
III. What Should I Consider as I Prepare My Comments for EPA?
A. Submitting CBI. Do not submit this information to EPA through
http://www.regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
2. Tips for Preparing Your Comments. When submitting comments,
remember to:
? Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
? Follow directions--The agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
? Explain why you agree or disagree; suggest alternatives
and substitute language for your requested changes.
? Describe any assumptions and provide any technical
information and/or data that you used.
? If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
? Provide specific examples to illustrate your concerns, and
suggest alternatives.
? Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
? Make sure to submit your comments by the comment period
deadline identified.
[[Page 20808]]
IV. Summary of Rule
In a rule published November 8, 2002, EPA promulgated new emission
standards for all terrain vehicles (ATVs) beginning in model year 2006.
In that rulemaking, a temporary provision was included allowing
manufacturers to certify ATV exhaust emissions over a steady-state,
engine-based, duty cycle prior to the 2009 model year in lieu of the
transient, chassis-based, Federal Test Procedure (FTP) which was
effective for 2006 and later model years. In the interim the
manufacturers, the California Air Resources Board, and EPA were to work
together to assess the in-use operating characteristics of ATVs,
determine whether the nature of this operation was transient or steady
state and, if workable, develop and agree upon an emission test cycle
which could replace both the engine-based steady state option and the
primary approach, the chassis-based FTP. This work did not result in a
mutually satisfactory outcome and agreement could not be reached on an
alternate testing approach. Therefore, as prescribed in the 2002 final
rule, the chassis-based FTP is to be the sole procedure for exhaust
emissions certification in the long term.
As stated above, in the original rulemaking the steady state option
expired for the 2009 model year. While many manufacturers have
certified using the FTP not all have done so, since there was the
possibility of a replacement cycle. To provide appropriate certainty
and lead time, in this rulemaking we are proposing to extend the
availability of this temporary provision for an additional six model
years, after which the chassis-based FTP would become the only
available approach. More specifically, we are proposing that
manufacturers would have to certify exhaust emission engine families
representing not less than 50 percent of their U.S.-directed production
on the FTP in model year 2014 and 100 percent in 2015. Manufacturers
with only one ATV exhaust emission engine family would not be required
to use the FTP until the 2015 model year. For those manufacturers who
have not yet done so, this will allow additional time to certify on the
FTP by using contract facilities or by obtaining the in-house
capability and if a large manufacturer acquires the capability to run
the production line testing program.
EPA does not expect that this revision will have any adverse cost
impact to the manufacturers in the long term. The requirement was
promulgated as part of the 2002 final rule and many off-shore
manufacturers and importers have already complied using excess inhouse
capability or contract facilities. We expect this extension will help
to ensure compliance costs are minimized and that the emission
reductions identified in the 2002 rule are achieved. Even the J1088
test cycle has reduced emissions significantly by eliminating ATVs
powered by high emitting two-stroke engines as a new product offering.
Adopting the FTP will help to ensure robust emission control in ATVs
using 4-stroke engines by including consideration of transient
operation and vehicle/engine operation over a wider variety of
conditions than that seen in the J1088 cycle.
For additional discussion of the proposed rule changes, see the
direct final rule EPA has published in the ``Rules and Regulations''
section of today's Federal Register. This proposal incorporates by
reference all the reasoning, explanation, and regulatory text from the
direct final rule.
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
This proposed rule is not a ``significant regulatory action'' under
the terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and
is therefore not subject to review under the Executive Order. This
proposed rule merely gives an extension of time in which a temporary
optional test duty cycle may be used. There are no new costs associated
with this proposed rule relative to the original final rule.
B. Paperwork Reduction Act
This action does not impose any new information collection burden.
This proposed rule does not include any new collection requirements, as
it merely gives an extension of time in which a temporary optional test
duty cycle may be used. There are no new paperwork requirements
associated with this rule. However, the Office of Management and Budget
(OMB) has previously approved the information collection requirements
contained in the existing regulations 40 CFR 1051; 1200 Pennsylvania
Ave., NW., Washington, DC 20460 or by calling (202) 566-1672.
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 organizations, and small governmental jurisdictions.
For purposes of assessing the impacts of this proposed rule on
small entities, a small entity is defined as: (1) A small business that
meet the definition for business based on SBA size standards at 13 CFR
121.201; (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, I 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
[[Page 20809]]
economic effect on all of the small entities subject to the rule.
This proposed rule would give an extension of time in which a
temporary optional test duty cycle may be used. We have therefore
concluded that today's proposed rule will relieve regulatory burden for
all affected small entities and will not have a significant economic
impact on a substantial number of small entities if the rule. 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
This proposed rule contains no federal mandates for state, local,
or tribal governments or the private sector as defined by the
provisions of Title II of the UMRA. The proposed rule imposes no
enforceable duties on any of these governmental entities. Nothing in
the proposed rule would significantly or uniquely affect small
governments. EPA has determined that this proposed rule contains no
federal mandates that may result in expenditures of more than $100
million to the private sector in any single year. Thus, this rule is
not subject to the requirements of sections 2020 and 205 of the UMRA.
This proposed rule merely gives an extension of time in which a
temporary optional test duty cycle may be used. EPA has determined that
this rule contains no regulatory requirements that might significantly
or uniquely affect small governments. See the direct final rule EPA has
published in the ``Rules and Regulations'' section of today's Federal
Register for a more extensive discussion of UMRA policy.
E. Executive Order 13132: Federalism
This proposed rule does not have federalism implications. It will
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 proposed rule would give an
extension of the time in which a temporary optional test duty cycle may
be used. Thus, Executive Order 13132 does not apply to this rule.
See the direct final rule EPA has published in the ``Rules and
Regulations'' section of today's Federal Register for a more extensive
discussion of Executive Order 13132.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This proposed rule does not have tribal implications. It will not
have substantial direct effects on tribal governments, on the
relationship between the Federal government and Indian tribes, or on
the distribution of power and responsibilities between the Federal
government and Indian tribes, as specified in Executive Order 13175.
This proposed rule does not uniquely affect the communities of Indian
Tribal Governments. Further, no circumstances specific to such
communities exist that would cause an impact on these communities
beyond those discussed in the other sections of this rule. This
proposed rule would give an extension of the time in which a temporary
optional test duty cycle may be used. Thus, Executive Order 13175 does
not apply to this rule. See the direct final rule EPA has published in
the ``Rules and Regulations'' section of today's Federal Register for a
more extensive discussion of Executive Order 13132.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
This proposed rule is not subject to the Executive Order because it
is not economically significant, and does not involve decisions on
environmental health or safety risks that may disproportionately affect
children. See the direct final rule EPA has published in the ``Rules
and Regulations'' section of today's Federal Register for a more
extensive discussion of Executive Order 13045.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This proposed 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.
This proposed rule would give an extension of the time in which a
temporary optional test duty cycle may be used.
I. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law No. 104-113, 12(d) (15 U.S.C. 272
note) directs EPA to use voluntary consensus standards in its
regulatory activities unless to do so 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) that are developed or
adopted by voluntary consensus standards bodies. The NTTAA directs EPA
to provide Congress, through OMB, explanations when the Agency decides
not to use available and applicable voluntary consensus standards.
This proposed rule does not involve technical standards. This
proposed rule would merely give an extension of the time in which a
temporary optional test duty cycle may be used. Therefore, EPA is not
considering the use of any voluntary consensus standards. See the
direct final rule EPA has published in the ``Rules and Regulations''
section of today's Federal Register for a more extensive discussion of
NTTAA policy.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
EPA has determined that this proposed rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. See the direct final rule EPA has published in the ``Rules
and Regulations'' section of today's Federal Register for a more
extensive discussion of Executive Order 13045.
K. Statutory Authority
The statutory authority for this action comes from section 213 of
the Clean Air Act as amended (42 U.S.C. 7547). This action is a notice
of proposed rulemaking subject to the provisions of Clean Air Act
section 307(d). See 42 U.S.C. 7607(d).
List of Subjects in 40 CFR Part 1051
Environmental protection, Air pollution control, Exhaust emission
testing, Recreational vehicle, All-terrain vehicle.
Dated: April 19, 2007.
Stephen L. Johnson,
Administrator.
[FR Doc. 07-2068 Filed 4-25-07; 8:45 am]
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