

[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.
------------------------------------------------------------------------
\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]

BILLING CODE 6560-50-M
