

[Federal Register: December 8, 2005 (Volume 70, Number 235)]
[Proposed Rules]               
[Page 72970-72973]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08de05-29]                         


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 86

[OAR-2004-0011; FRL-8004-8]
RIN 2060-AM32

 
Control of Air Pollution From New Motor Vehicles and New Motor 
Vehicle Engines: Technical Amendments to Evaporative Emissions 
Regulations, Dynamometer Regulations, and Vehicle Labeling

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed rulemaking.

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    In the ``Rules and Regulations'' section of this Federal Register, 
we are making these technical amendments as a direct final rule without 
prior proposal, because we view these technical amendments as 
noncontroversial revisions. We anticipate no adverse comment. We have 
explained our reasons for these technical amendments 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, we will withdraw the portions of the direct final rule 
receiving such comment and those portions will not take effect. 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.

DATES: Written comments must be received by January 9, 2006.

ADDRESSES: Submit your comments, identified by Docket ID No. OAR-2004-
0011, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 

Follow the on-line instructions for submitting comments.
     Agency Web site: http://www.epa.gov/edocket. EDOCKET, 

EPA's electronic public docket and comment system, is EPA's preferred 
method for receiving comments. Follow the on-line instructions for 
submitting comments.
     Fax: (202) 566-1741.
     Mail: Docket ID No. OAR-2004-0011, Environmental 
Protection Agency, Mailcode: 6102T, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460.
     Hand Delivery: Docket ID No. OAR-2004-0011, Environmental 
Protection Agency, EPA Docket Center (EPA/DC), Air and Radiation 
Docket, Mailcode: 6102T, 1200 Pennsylvania Ave., NW., Washington, DC 
20460. 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. OAR-2004-0011. 
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.epa.gov/edocket
, 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 EDOCKET, regulations.gov, or e-
mail. The EPA EDOCKET and the federal regulations.gov Web sites are 
``anonymous access'' systems, 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 EDOCKET or 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.
    Docket: All documents in the docket are listed in the EDOCKET index 
at http://www.epa.gov/edocket. Although listed in the index, some 

information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically in EDOCKET or in hard 
copy at the Docket, EPA/DC, EPA West, Room B102, 1301 Constitution 
Ave., 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 
fax number for the Air Docket and Reading Room for OAR-2004-0011 is 
(202) 566-1742.

FOR FURTHER INFORMATION CONTACT: Lynn Sohacki, Certification and 
Compliance Division, Office of Transportation and Air Quality, 2000 
Traverwood, Ann Arbor, MI 48105; telephone number: (734) 214-4851; fax 
number: (734) 214-4053; e-mail address: sohacki.lynn@epa.gov.

SUPPLEMENTARY INFORMATION: EPA is taking direct final action to make 
changes to certain provisions of the evaporative and refueling emission 
regulations for light-duty vehicles, light-duty trucks and heavy-duty 
vehicles up to 14,000 pounds GVWR, the four-wheel drive dynamometer 
test provisions, and the vehicle labeling regulations. The evaporative 
changes are intended to (1) Reduce manufacturers' certification 
evaporative/refueling test burden, (2) clarify existing evaporative/
refueling requirements and (3) better harmonize Federal evaporative/
refueling test procedures with California evaporative/refueling test 
procedures. These actions do not affect manufacturer liability; 
manufacturers must still comply with applicable evaporative standards. 
Today's action retains EPA's authority to perform all three evaporative 
tests (two-day, three-day, and ORVR) on any test vehicle, including 
certification and in-use vehicles. The dynamometer changes are intended 
to amend outdated regulations to now include four-wheel drive 
provisions. The labeling changes are intended to amend regulations to 
remove outdated information. Today's action does not change the 
stringency of these existing programs.
    In the ``Rules and Regulations'' section of today's Federal 
Register, we are promulgating these revisions as a direct final rule 
without a prior proposal because we view this as a noncontroversial 
action and anticipate no adverse comment. We have explained our reasons 
for this action in the preamble to the direct final rule. This proposal 
incorporates by reference all of the reasoning, explanation, and 
regulatory text from the direct final rule. For further information, 
including the regulatory text for this proposal, please refer to the 
direct final rule that is located in the ``Rules and Regulations'' 
section of this Federal Register publication. The direct final rule 
will be effective on February 6, 2006, unless we receive adverse 
comment by January 9, 2006, or if we receive a request for a public 
hearing by December 23, 2005. If we receive no adverse comment, we will 
not take further action on this proposed rule. If we receive adverse 
comment on one or more distinct amendments, paragraphs, or sections of 
this rulemaking, we will publish a timely

[[Page 72971]]

withdrawal of those items only in the Federal Register indicating which 
provisions are being withdrawn due to adverse comment. We may address 
all adverse 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. Any distinct 
amendment, paragraph, or section of today's rulemaking for which we do 
not receive adverse comment will become effective on the date set out 
above, notwithstanding any adverse comment on any other distinct 
amendment, paragraph, or section of the direct final rule.
    Regulated Entities: Entities potentially affected by this action 
are those that manufacture and sell motor vehicles in the United 
States. The table below gives some examples of entities that may have 
to comply with the regulations. However, since these are only examples, 
you should carefully examine these and other existing regulations in 40 
CFR part 86. If you have any questions, please call the person listed 
in the FOR FURTHER INFORMATION CONTACT section above.

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                                                  NAICS codes                        Examples of potentially
                   Category                           \a\        SIC codes \b\         regulated entities
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Industry......................................          336111            3711  Automobile and Light Duty Motor
                                                        336112                   Vehicle Manufacturing; Heavy
                                                        336120                   Duty Truck Manufacturing.
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\a\ North American Industry Classification System (NAICS).
\b\ Standard Industrial Classification (SIC) system code.

    Access to Rulemaking Documents Through the Internet: Today's action 
is available electronically on the date of publication from EPA's 
Federal Register Internet Web site listed below. Electronic copies of 
this preamble, regulatory language, and other documents associated with 
today's final rule are available from the EPA Office of Transportation 
and Air Quality Web site, listed below, shortly after the rule is 
signed by the Administrator. These services are free of charge, except 
any cost that you already incur for connecting to the Internet.
     EPA Federal Register Web site: http://www.epa.gov/docs/fedrgstr/epa-air/
 (either select a desired date or use the Search 

feature).
     EPA Office of Transportation and Air Quality Web site: 
http://www.epa.gov/otaq/ (look in What's New or under specific 

rulemaking topic).
    Please note that due to differences between the software used to 
develop the documents and the software into which the documents may be 
downloaded, changes in format, page length, etc., may occur.

I. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), the 
Agency is required to determine whether this regulatory action would be 
``significant'' and therefore subject to review by the Office of 
Management and Budget (OMB) and the requirements of the Executive 
Order. The order defines a ``significant regulatory action'' as any 
regulatory action that is likely to result in a rule that may:
     Have an annual effect on the economy of $100 million or 
more or adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or state, local, or tribal governments or 
communities;
     Create a serious inconsistency or otherwise interfere with 
an action taken or planned by another agency;
     Materially alter the budgetary impact of entitlements, 
grants, user fees, or loan programs or the rights and obligations of 
recipients thereof; or,
     Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    Pursuant to the terms of Executive Order 12866, we have determined 
that this final rule is not a ``significant regulatory action.''

B. Paperwork Reduction Act

    The Paperwork Reduction Act of 1980, 44 U.S.C. 3501 et seq., and 
implementing regulations, 5 CFR Part 1320, do not apply to this action 
as it does not involve the collection of information as defined 
therein.
    Today's action may reduce testing and reporting burden by allowing 
the option for waivers and/or alternative test procedures. The current 
average annual reporting burden is listed as 542,118 hours and 
$10,889,000 for 153 respondents by the Office of Management and Budget 
for light-duty and heavy-duty vehicles. If a manufacturer does not 
implement any of today's actions, the reporting burden will not change. 
Otherwise, the burden may be reduced by implementing today's actions 
but will vary depending upon the options and/or alternative methods 
chosen. For instance, utilizing the option to waive the two-diurnal 
diurnal-plus-hot-soak will reduce testing burden by approximately 48 
hours and $5,000 per vehicle. Since no alternative procedures for the 
running loss test or canister loading have been approved at this time, 
the burden reduction cannot be quantified, but they will, in the 
future, result in decreases in hours and costs. The other options 
described in today's action cannot be quantified but would not result 
in any additional burden.
    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 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.

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    For purposes of assessing the impacts of today's rule on small 
entities, small entity is defined as: (1) A small business as defined 
by the Small Business Administration regulations 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 final 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 proposed rule on small entities.'' 5 U.S.C. 
Sections 603 and 604. Thus, an agency may conclude 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 economic effect on all of the small entities subject to the 
rule.
    Today's rule revises certain provisions of the Evaporative 
Emissions Compliance Procedure (58 FR 16002, March 24, 1993) and the 
Onboard Refueling Vapor Recovery Procedure (58 FR 16262, April 6, 
1994), such that regulated entities will find it less burdensome to 
demonstrate compliance with the requirements of the evaporative 
emissions and ORVR test requirements. More specifically, today's action 
makes minor revisions to clarify regulations and reduces burdens for 
manufacturers without reducing stringency. In addition, today's rule 
revises the dynamometer test provisions (40 CFR 86.135-90, 40 CFR 
86.159-00, 40 CFR 86.160-00) and the Vehicle Labeling requirements (40 
CFR 86.098-35, 40 CFR 86.1807-01), such that regulated entities will 
find it less burdensome to test four-wheel drive vehicles and vehicle 
labels will reflect current information rather than out-dated 
information. We have therefore concluded that today's final rule will 
relieve regulatory burden for all small entities.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for federal agencies to assess the 
effects of their regulatory actions on state, local, and tribal 
governments, and the private sector. Under section 202 of the UMRA, we 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``federal mandates'' that 
may result in expenditures to state, local, and tribal governments, in 
the aggregate, or to the private sector, of $100 million or more for 
any single year. Before promulgating a rule for which a written 
statement is needed, section 205 of the UMRA generally requires us to 
identify and consider a reasonable number of regulatory alternatives 
and adopt the least costly, most cost-effective, or least burdensome 
alternative that achieves the objectives of the rule. The provisions of 
section 205 do not apply when they are inconsistent with applicable 
law. Moreover, section 205 allows us to adopt an alternative that is 
not the least costly, most cost-effective, or least burdensome 
alternative if we provide an explanation in the final rule of why such 
an alternative was adopted.
    Before we establish any regulatory requirement that may 
significantly or uniquely affect small governments, including tribal 
governments, we must develop a small government plan pursuant to 
section 203 of the UMRA. Such a plan must provide for notifying 
potentially affected small governments, and enabling officials of 
affected small governments to have meaningful and timely input in the 
development of our regulatory proposals with significant federal 
intergovernmental mandates. The plan must also provide for informing, 
educating, and advising small governments on compliance with the 
regulatory requirements.
    Today's action contains no federal mandates for state, local, or 
tribal governments as defined by the provisions of Title II of the 
UMRA. The rule imposes no enforceable duties on any of these 
governmental entities. Nothing in the rule will significantly or 
uniquely affect small governments.
    We have determined that today's action does not contain a federal 
mandate that may result in estimated expenditures of more than $100 
million to the private sector in any single year. This action has the 
net effect of revising certain provisions of the Evaporative Emissions 
rule, Dynamometer regulations, and Labeling regulations. Therefore, the 
requirements of the UMRA do not apply to this action.

E. Executive Order 13132: Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999), requires us to develop an accountable process to ensure 
``meaningful and timely input by state and local officials in the 
development of regulatory policies that have federalism implications.'' 
``Policies that have federalism implications'' is defined in the 
Executive Order to include regulations that 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.
    Under Section 6 of Executive Order 13132, we may not issue a 
regulation that has federalism implications, that imposes substantial 
direct compliance costs, and that is not required by statute, unless 
the federal government provides the funds necessary to pay the direct 
compliance costs incurred by state and local governments, or we 
consults with state and local officials early in the process of 
developing the proposed regulation. We also may not issue a regulation 
that has federalism implications and that preempts state law, unless 
the Agency consults with state and local officials early in the process 
of developing the proposed regulation.
    Section 4 of the Executive Order contains additional requirements 
for rules that preempt state or local law, even if those rules do not 
have federalism implications (i.e., the rules 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). Those 
requirements include providing all affected state and local officials 
notice and an opportunity for appropriate participation in the 
development of the regulation. If the preemption is not based on 
express or implied statutory authority, we also must consult, to the 
extent practicable, with appropriate state and local officials 
regarding the conflict between state law and federally protected 
interests within the Agency's area of regulatory responsibility.
    Today's action 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. Today's action revises certain 
provisions of earlier rules

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that adopted national standards to control vehicle evaporative 
emissions, dynamometer test provisions, and labeling requirements. The 
requirements of the rule will be enforced by the federal government at 
the national level. Thus, the requirements of Section 6 of the 
Executive Order do not apply to today's action.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000), 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal implications.'' This proposed rule does not 
have tribal implications, as specified in Executive Order 13175. 
Today's proposed rule does not uniquely affect the communities of 
American Indian tribal governments since the motor vehicle requirements 
for private businesses in today's rule will have national 
applicability. Furthermore, today's rule does not impose any direct 
compliance costs on these communities and no circumstances specific to 
such communities exist that will cause an impact on these communities 
beyond those discussed in the other sections of today's document. Thus, 
Executive Order 13175 does not apply to today's action.

G. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks

    Executive Order 13045, ``Protection of Children from Environmental 
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997) applies 
to any rule that (1) is determined to be ``economically significant'' 
as defined under Executive Order 12866, and (2) concerns an 
environmental health or safety risk that we have reason to believe may 
have a disproportionate effect on children. If the regulatory action 
meets both criteria, section 5-501 of the Executive Order directs us to 
evaluate the environmental health or safety effects of the planned rule 
on children, and explain why the planned regulation is preferable to 
other potentially effective and reasonably feasible alternatives 
considered by us.
    Today's action is not subject to the Executive Order because it is 
not an economically significant regulatory action as defined by 
Executive Order 12866. Furthermore, today's action does not concern an 
environmental health or safety risk that we have reason to believe may 
have a disproportionate effect on children.

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    Today's action 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.

I. National Technology Transfer Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), Section 12(d) of Public Law 104-113, directs us to 
use voluntary consensus standards in our regulatory activities unless 
it 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) developed or adopted by voluntary consensus standards 
bodies. The NTTAA directs us to provide Congress, through OMB, 
explanations when we decide not to use available and applicable 
voluntary consensus standards.
    Today's action references technical standards adopted by us through 
previous rulemakings. No new technical standards are established in 
today's rule. The standards referenced in today's action involve the 
measurement of vehicle evaporative emissions, the allowance for four-
wheel dynamometer test capabilities in certification and in-use 
testing, and labeling requirements revisions.

J. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as amended by 
the Small Business Regulatory Enforcement Fairness Act of 1996, 
generally provides that before a rule may take effect, the agency 
promulgating the rule must submit a rule report, which includes a copy 
of the rule, to Congress and the comptroller General of the United 
States. We will submit a report containing today's action and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2). Today's action will be effective February 6, 2006.

II. Statutory Provisions and Legal Authority

    Statutory authority for today's final rule is found in the Clean 
Air Act, 42 U.S.C. 7401 et seq., in particular, sections 202 of the 
Act, 42 U.S.C. 7521. Today's action is being promulgated under the 
administrative and procedural provisions of Clean Air Act section 
307(d), 42 U.S.C. 7607(d).

List of Subjects in 40 CFR Part 86

    Environmental protection, Administrative practice and procedure, 
Motor vehicle pollution.

    Dated: November 29, 2005.
Stephen L. Johnson,
Administrator.
[FR Doc. 05-23713 Filed 12-7-05; 8:45 am]

BILLING CODE 6560-50-P
