Amendments to Regulations for Heavy-Duty Diesel Engines, 51542-51545 [E6-14428]
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51542
Federal Register / Vol. 71, No. 168 / Wednesday, August 30, 2006 / Proposed Rules
No. 0170.1; section 117.255 also issued under
the authority of Pub. L. 102–587, 106 Stat.
5039.
2. In Sec. 117.261 revise paragraph
(w) to read as follows:
§ 117.261 Atlantic Intracoastal Waterway
from St. Marys River to Key Largo.
*
*
*
*
*
(w) Southern Boulevard (SR 700/80)
bridge, mile 1024.7, at Palm Beach. The
draw shall open on the quarter and
three-quarter hour.
*
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*
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*
Dated: July 5, 2006.
D.W. Kunkel,
Rear Admiral, U.S. Coast Guard, Commander,
Seventh Coast Guard District.
[FR Doc. E6–14432 Filed 8–29–06; 8:45 am]
BILLING CODE 4910–15–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 9 and 86
[EPA–HQ–OAR–2005–0474; FRL–8214–8]
RIN 2060–AN70
Amendments to Regulations for
Heavy-Duty Diesel Engines
Environmental Protection
Agency (EPA).
ACTION: Notice of Proposed Rulemaking.
jlentini on PROD1PC65 with PROPOSAL
AGENCY:
SUMMARY: In a rule published January
18, 2001, EPA promulgated several new
standards for heavy-duty highway diesel
engines and vehicles beginning in
model year 2007. In this rulemaking we
are proposing to make some technical
amendments to the regulations to
correct typographical errors, revise
references, remove old provisions, and
to revise some provisions regarding
deterioration factors to be identical to
those for nonroad diesel engines
certified under the Tier 4 rule,
published June 29, 2004.
DATES: Written comments must be
received by September 29, 2006.
Request for a public hearing must be
received by September 14, 2006. 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–2005–0474, by one of the
following methods:
• https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
• E-mail: a-and-r-docket@epa.gov.
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• Fax: (202) 566–1741.
• Mail: U.S. Environmental
Protection Agency, EPA West Building,
1200 Pennsylvania Ave., NW., Room:
B108 Mail Code: 6102T, Washington,
DC 20460. Deliveries are only accepted
during the Docket’s normal hours of
operation from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, except on
government holidays. If your Docket
requires the submission of multiple
copies, please insert the following here:
• Please include a total of copies.
• If the NPRM involves an ICR that
will be submitted to OMB for review
and approval under 5 CFR 1320.11, then
you must also include the following
language pursuant to 1320.11(a): ‘‘In
addition, please mail a copy of your
comments on the information collection
provisions to the Office of Information
and Regulatory Affairs, Office of
Management and Budget (OMB), Attn:
Desk Officer for EPA, 725 17th St. NW.,
Washington, DC 20503.’’
• Hand Delivery: EPA Docket Center
(Air Docket), U.S. Environmental
Protection Agency, EPA West Building,
1301 Constitution Avenue, NW., Room:
B108 Mail Code: 6102T, Washington,
DC. Such deliveries are only accepted
during the Docket’s normal hours of
operation from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, except on
government holidays, and special
arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–HQ–OAR–2005–
0474. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
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 https://
www.regulations.gov or e-mail. The
https://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 https://
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
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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 https://
www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket
are listed in the https://
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 https://
www.regulations.gov or in hard copy at
the EPA Docket Center (EPA/DC), Air
Docket, Public Reading Room, Room
B108, EPA West Building, 1301
Constitution Avenue, NW., Washington,
DC. The EPA Docket Center Public
Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday,
except on government holidays. You
can reach the Air Docket by telephone
at (202) 566–1742 and by facsimile at
(202) 566–1741. You may be charged a
reasonable fee for photocopying docket
materials, as provided in 40 CFR part 2.
FOR FURTHER INFORMATION CONTACT:
Zuimdie Guerra, Assessment and
Standards Division, e-mail
guerra.zuimdie@epa.gov, voice-mail
(734) 214–4387.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Background
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, or on one or more distinct actions
in the rule, we will withdraw the direct
final rule, or the portions of the rule
receiving adverse comment. 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.
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Federal Register / Vol. 71, No. 168 / Wednesday, August 30, 2006 / Proposed Rules
Any parties interested in commenting
must do so at this time.
B. Regulated Entities
This action will affect companies that
manufacture and certify heavy-duty
Category
NAICS code a
Industry .........................................................
Industry .........................................................
336112 .........................................................
33612 ...........................................................
a North
highway diesel engines in the United
States.
Examples of potentially affected entities
Engine and Truck Manufacturers.
Heavy-duty Engine and Truck Manufacturers.
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.
jlentini on PROD1PC65 with PROPOSAL
51543
C. What Should I Consider as I Prepare
My Comments for EPA?
1. Submitting CBI. Do not submit this
information to EPA through https://
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.
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• Make sure to submit your
comments by the comment period
deadline identified.
C. How Can I Get Copies of This
Document and Send Comments?
See the direct final rule EPA has
published in the ‘‘Rules and
Regulations’’ section of today’s Federal
Register for information about accessing
these documents. The direct final rule
also includes detailed instructions for
sending comments to EPA.
II. Summary of Rule
This proposed rule would make slight
revisions to the regulations to
implement the following minor
amendments:
• Removing several sections that
describe regulatory requirements for
model years before 1996, and before
2001 for Selective Enforcement
Auditing. Discontinuing publication of
these sections does not affect the
manufacturers’ responsibility to
continue meeting standards for any
vehicles or engines that may still be
operating within the regulatory useful
life.
• Referring provisions for
certification fees in part 86 subpart J to
part 85 subpart Y, since they have been
completely replaced in part 85 starting
with the 2004 model year.
• Requiring engine manufacturers to
name an agent for service in the United
States in § 86.007–21, § 86.416–80,
§ 86.437–78, and § 86.1844–01.
• Revising deterioration factor
provisions in § 86.004–28(c)(4)(iii)(B).
• Correcting a typographical error in
the equation in § 86.007–11(a)(2)(v).
• Adding paragraph (j) to § 86.007–35
to ensure that the recently added
provision that allows labeling flexibility
to heavy-duty engines extends to 2007
and later model years.
• Revising § 86.1213–94 to reference
the fuel specifications in part 86,
subpart N.
• Republishing § 86.1360(c), which
was removed in the migration of test
procedures to 40 CFR part 1065, because
there is a reference to it in § 86.1370–
2007 and in § 86.1380–2004.
• Citing the incorporation by
reference of several technical standards
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related to on-board diagnostics in
§ 86.1806–01.
• Correcting reference to LDVs, LDTs
and heavy-duty vehicles in CFR
§ 86.1806–04(j) and § 86.1806–05(j).
• Correcting a mistake made in the
2004 Heavy-Duty rule that accidentally
omitted paragraphs (c) and (d) from
§ 86.1840–01.
EPA does not expect that the
technical amendments will have any
adverse cost impact to the
manufacturers. There are no testing
costs associated with the technical
amendments proposed. There is no
environmental impact associated with
this regulatory action because this
proposed rule does not propose to
change the heavy-duty highway diesel
engine emission standards that
manufactures have to meet; it simply
make some technical amendments to the
rule.
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.
III. Statutory and Executive Order
Reviews
A. Executive Order 12866: Regulatory
Planning and Review
This action is not a ‘‘significant
regulatory action’’ under the terms of
Executive Order (EO) 12866 (58 FR
51735, October 4, 1993) and is therefore
not subject to review under the EO. This
proposed rule is not a significant
regulatory action as it merely makes a
slight revision to the regulations to
correct typographical errors, revise
references, restore sections, conciliate
provisions with our nonroad engine
regulations and remove old provisions
for highway heavy-duty diesel engines.
There are no new costs associated with
this rule. A Final Regulatory Support
Document was prepared in connection
with the original regulations for heavyduty diesel engines and vehicles
beginning in model year 2007 (HD 2007
rule), which was signed December 21,
2000 and published January 18, 2001
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(66 FR 5002) and we have no reason to
believe that our analysis in the original
rulemaking is inadequate. The relevant
analysis is available in the docket for
the December 21, 2000 rulemaking (66
FR 5002) and at the following Internet
address: https://www.epa.gov/otaq/
diesel.htm. The original action (66 FR
5002) was submitted to the Office of
Management and Budget for review
under Executive Order 12866.
jlentini on PROD1PC65 with PROPOSAL
B. Paperwork Reduction Act
This proposed rule does not include
any new collection requirements, as it
merely makes a slight revision to the
regulations to correct typographical
errors, revise references, restore
sections, conciliate provisions with our
nonroad engine regulations and remove
old provisions for highway heavy-duty
diesel engines. There are no new
paperwork requirements associated with
this rule. The information collection
requirements (ICR) for the original
heavy-duty diesel engines and vehicles
rulemaking were approved by the Office
of Management and Budget (OMB)
under the Paperwork Reduction Act, 44
U.S.C. 3501 et seq. and assigned OMB
control number 2060–0104, EPA ICR
number 0783.47. A copy of the OMB
approved Information Collection
Request (ICR) may be obtained from
Susan Auby, Collection Strategies
Division; U.S. Environmental Protection
Agency (2822T); 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.
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C. Regulatory Flexibility Act
D. Unfunded Mandates Reform 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-forprofit 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
economic effect on all of the small
entities subject to the rule.
This proposed rule merely makes a
slight revision to the regulations to
correct typographical errors, revise
references, restore sections, conciliate
provisions with our nonroad engine
regulations and remove old provisions
for highway heavy-duty diesel engines.
We have therefore concluded that
today’s proposed rule will relieve
regulatory burden for all affected small
entities. 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.
This proposed rule contains no
Federal mandates for state, local, or
tribal governments 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 rule contains no regulatory
requirements that might significantly or
uniquely affect small governments.
This proposed rule merely makes a
revision to the regulations to provide an
additional option for selecting the
deterioration factor for highway heavy
duty diesel engines. The requirements
of UMRA therefore do not apply to this
action. 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.
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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 merely makes a revision to the
regulations to correct typographical
errors, revise references, restore
sections, conciliate provisions with our
nonroad engine regulations and remove
old provisions for highway heavy-duty
diesel engines. 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. In the spirit
of Executive Order 13132, and
consistent with EPA policy to promote
communications between EPA and State
and local governments, EPA specifically
solicits comment on this proposed rule
from State and local officials.
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
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Federal Register / Vol. 71, No. 168 / Wednesday, August 30, 2006 / Proposed Rules
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 merely makes a revision
to the regulations to correct
typographical errors, revise references,
restore sections, conciliate provisions
with our nonroad engine regulations
and remove old provisions for highway
heavy-duty diesel engines. 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 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.
jlentini on PROD1PC65 with PROPOSAL
I. National Technology Transfer and
Advancement Act
This proposed rule does not involve
technical standards. It merely makes a
revision to the regulations to correct
typographical errors, revise references,
restore sections, conciliate provisions
with our nonroad engine regulations
and remove old provisions for highway
heavy-duty diesel engines. Thus, we
have determined that the requirements
of the NTTAA do not apply. 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. Statutory Authority
The statutory authority for this action
comes from section 202 of the Clean Air
Act as amended (42 U.S.C. 7521). 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).
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List of Subjects
40 CFR Part 9
Reporting and recordkeeping
requirements.
40 CFR Part 86
Environmental protection,
Administrative practice and procedure,
Air pollution control, Motor vehicle
pollution, Reporting and recordkeeping
requirements.
Dated: August 24, 2006.
Stephen L. Johnson,
Administrator.
[FR Doc. E6–14428 Filed 8–29–06; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[Docket Number EPA–R08–OAR–2006–
0098; FRL–8215–2]
RIN 2008–AA00
Federal Implementation Plan for the
Billings/Laurel, MT, Sulfur Dioxide
Area; Extension of Comment Period
Environmental Protection
Agency (EPA).
ACTION: Proposed rule; extension of the
comment period.
AGENCY:
SUMMARY: EPA is extending the
comment period for a proposed rule
published July 12, 2006 (71 FR 39259).
In the July 12, 2006 document, EPA
proposed to promulgate a Federal
Implementation Plan (FIP) containing
emission limits and compliance
determining methods for several sources
located in Billings and Laurel, Montana.
At the request of several commenters,
EPA is extending the comment period
through November 3, 2006.
DATES: Comments on the proposal must
be received on or before November 3,
2006.
Submit your comments,
identified by Docket ID No. EPA–R08–
OAR–2006–0098, by one of the
following methods:
• https://www.regulations.gov. Follow
the on-line instructions for submitting
comments.
• E-mail: long.richard@epa.gov and
ostrand.laurie@epa.gov.
• Fax: (303) 312–6064 (please alert
the individual listed in the section
titled, FOR FURTHER INFORMATION
CONTACT, if you are faxing comments).
• Mail: Richard R. Long, Director, Air
and Radiation Program, Environmental
Protection Agency (EPA), Region 8,
ADDRESSES:
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51545
Mailcode 8P–AR, 999 18th Street, Suite
200, Denver, Colorado 80202–2466.
• Hand Delivery: Richard R. Long,
Director, Air and Radiation Program,
Environmental Protection Agency
(EPA), Region 8, Mailcode 8P–AR, 999
18th Street, Suite 300, Denver, Colorado
80202–2466. Such deliveries are only
accepted Monday through Friday, 8 a.m.
to 4:55 p.m., excluding Federal
holidays. Special arrangements should
be made for deliveries of boxed
information.
Instructions: Direct your comments to
Docket ID No. EPA–R08–OAR–2006–
0098. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
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 https://
www.regulations.gov or e-mail. The
https://www.regulations.gov Web site is
an ‘‘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 https://
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 https://
www.epa.gov/epahome/dockets.htm.
For additional instructions on
submitting comments, go to Section I.
General Information of the
SUPPLEMENTARY INFORMATION section of
the July 12, 2006 document (71 FR
39259).
FOR FURTHER INFORMATION CONTACT:
Laurie Ostrand, Air and Radiation
Program, Mailcode 8P–AR,
Environmental Protection Agency
(EPA), Region 8, 999 18th Street, Suite
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Agencies
[Federal Register Volume 71, Number 168 (Wednesday, August 30, 2006)]
[Proposed Rules]
[Pages 51542-51545]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-14428]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 9 and 86
[EPA-HQ-OAR-2005-0474; FRL-8214-8]
RIN 2060-AN70
Amendments to Regulations for Heavy-Duty Diesel Engines
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of Proposed Rulemaking.
-----------------------------------------------------------------------
SUMMARY: In a rule published January 18, 2001, EPA promulgated several
new standards for heavy-duty highway diesel engines and vehicles
beginning in model year 2007. In this rulemaking we are proposing to
make some technical amendments to the regulations to correct
typographical errors, revise references, remove old provisions, and to
revise some provisions regarding deterioration factors to be identical
to those for nonroad diesel engines certified under the Tier 4 rule,
published June 29, 2004.
DATES: Written comments must be received by September 29, 2006. Request
for a public hearing must be received by September 14, 2006. 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-2005-0474, by one of the following methods:
https://www.regulations.gov: Follow the on-line
instructions for submitting comments.
E-mail: a-and-r-docket@epa.gov.
Fax: (202) 566-1741.
Mail: U.S. Environmental Protection Agency, EPA West
Building, 1200 Pennsylvania Ave., NW., Room: B108 Mail Code: 6102T,
Washington, DC 20460. Deliveries are only accepted during the Docket's
normal hours of operation from 8:30 a.m. to 4:30 p.m., Monday through
Friday, except on government holidays. If your Docket requires the
submission of multiple copies, please insert the following here:
Please include a total of copies.
If the NPRM involves an ICR that will be submitted to OMB
for review and approval under 5 CFR 1320.11, then you must also include
the following language pursuant to 1320.11(a): ``In addition, please
mail a copy of your comments on the information collection provisions
to the Office of Information and Regulatory Affairs, Office of
Management and Budget (OMB), Attn: Desk Officer for EPA, 725 17th St.
NW., Washington, DC 20503.''
Hand Delivery: EPA Docket Center (Air Docket),
U.S. Environmental Protection Agency, EPA West Building, 1301
Constitution Avenue, NW., Room: B108 Mail Code: 6102T, Washington, DC.
Such deliveries are only accepted during the Docket's normal hours of
operation from 8:30 a.m. to 4:30 p.m., Monday through Friday, except on
government holidays, and special arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2005-0474. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
https://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 https://
www.regulations.gov or e-mail. The https://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 https://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 https://www.epa.gov/
epahome/dockets.htm.
Docket: All documents in the docket are listed in the https://
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 https://www.regulations.gov or in hard copy at the EPA Docket Center
(EPA/DC), Air Docket, Public Reading Room, Room B108, EPA West
Building, 1301 Constitution Avenue, NW., Washington, DC. The EPA Docket
Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday
through Friday, except on government holidays. You can reach the Air
Docket by telephone at (202) 566-1742 and by facsimile at (202) 566-
1741. You may be charged a reasonable fee for photocopying docket
materials, as provided in 40 CFR part 2.
FOR FURTHER INFORMATION CONTACT: Zuimdie Guerra, Assessment and
Standards Division, e-mail guerra.zuimdie@epa.gov, voice-mail (734)
214-4387.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Background
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, or on one or more distinct actions in the rule, we
will withdraw the direct final rule, or the portions of the rule
receiving adverse comment. 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.
[[Page 51543]]
Any parties interested in commenting must do so at this time.
B. Regulated Entities
This action will affect companies that manufacture and certify
heavy-duty highway diesel engines in the United States.
----------------------------------------------------------------------------------------------------------------
Category NAICS code \a\ Examples of potentially affected entities
----------------------------------------------------------------------------------------------------------------
Industry..................... 336112.......... Engine and Truck Manufacturers.
Industry..................... 33612........... Heavy-duty Engine and Truck Manufacturers.
----------------------------------------------------------------------------------------------------------------
\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.
C. What Should I Consider as I Prepare My Comments for EPA?
1. Submitting CBI. Do not submit this information to EPA through
https://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.
C. How Can I Get Copies of This Document and Send Comments?
See the direct final rule EPA has published in the ``Rules and
Regulations'' section of today's Federal Register for information about
accessing these documents. The direct final rule also includes detailed
instructions for sending comments to EPA.
II. Summary of Rule
This proposed rule would make slight revisions to the regulations
to implement the following minor amendments:
Removing several sections that describe regulatory
requirements for model years before 1996, and before 2001 for Selective
Enforcement Auditing. Discontinuing publication of these sections does
not affect the manufacturers' responsibility to continue meeting
standards for any vehicles or engines that may still be operating
within the regulatory useful life.
Referring provisions for certification fees in part 86
subpart J to part 85 subpart Y, since they have been completely
replaced in part 85 starting with the 2004 model year.
Requiring engine manufacturers to name an agent for
service in the United States in Sec. 86.007-21, Sec. 86.416-80, Sec.
86.437-78, and Sec. 86.1844-01.
Revising deterioration factor provisions in Sec. 86.004-
28(c)(4)(iii)(B).
Correcting a typographical error in the equation in Sec.
86.007-11(a)(2)(v).
Adding paragraph (j) to Sec. 86.007-35 to ensure that the
recently added provision that allows labeling flexibility to heavy-duty
engines extends to 2007 and later model years.
Revising Sec. 86.1213-94 to reference the fuel
specifications in part 86, subpart N.
Republishing Sec. 86.1360(c), which was removed in the
migration of test procedures to 40 CFR part 1065, because there is a
reference to it in Sec. 86.1370-2007 and in Sec. 86.1380-2004.
Citing the incorporation by reference of several technical
standards related to on-board diagnostics in Sec. 86.1806-01.
Correcting reference to LDVs, LDTs and heavy-duty vehicles
in CFR Sec. 86.1806-04(j) and Sec. 86.1806-05(j).
Correcting a mistake made in the 2004 Heavy-Duty rule that
accidentally omitted paragraphs (c) and (d) from Sec. 86.1840-01.
EPA does not expect that the technical amendments will have any
adverse cost impact to the manufacturers. There are no testing costs
associated with the technical amendments proposed. There is no
environmental impact associated with this regulatory action because
this proposed rule does not propose to change the heavy-duty highway
diesel engine emission standards that manufactures have to meet; it
simply make some technical amendments to the rule.
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.
III. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
This action is not a ``significant regulatory action'' under the
terms of Executive Order (EO) 12866 (58 FR 51735, October 4, 1993) and
is therefore not subject to review under the EO. This proposed rule is
not a significant regulatory action as it merely makes a slight
revision to the regulations to correct typographical errors, revise
references, restore sections, conciliate provisions with our nonroad
engine regulations and remove old provisions for highway heavy-duty
diesel engines. There are no new costs associated with this rule. A
Final Regulatory Support Document was prepared in connection with the
original regulations for heavy-duty diesel engines and vehicles
beginning in model year 2007 (HD 2007 rule), which was signed December
21, 2000 and published January 18, 2001
[[Page 51544]]
(66 FR 5002) and we have no reason to believe that our analysis in the
original rulemaking is inadequate. The relevant analysis is available
in the docket for the December 21, 2000 rulemaking (66 FR 5002) and at
the following Internet address: https://www.epa.gov/otaq/
diesel.htm. The original action (66 FR 5002) was submitted to
the Office of Management and Budget for review under Executive Order
12866.
B. Paperwork Reduction Act
This proposed rule does not include any new collection
requirements, as it merely makes a slight revision to the regulations
to correct typographical errors, revise references, restore sections,
conciliate provisions with our nonroad engine regulations and remove
old provisions for highway heavy-duty diesel engines. There are no new
paperwork requirements associated with this rule. The information
collection requirements (ICR) for the original heavy-duty diesel
engines and vehicles rulemaking were approved by the Office of
Management and Budget (OMB) under the Paperwork Reduction Act, 44
U.S.C. 3501 et seq. and assigned OMB control number 2060-0104, EPA ICR
number 0783.47. A copy of the OMB approved Information Collection
Request (ICR) may be obtained from Susan Auby, Collection Strategies
Division; U.S. Environmental Protection Agency (2822T); 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 economic effect
on all of the small entities subject to the rule.
This proposed rule merely makes a slight revision to the
regulations to correct typographical errors, revise references, restore
sections, conciliate provisions with our nonroad engine regulations and
remove old provisions for highway heavy-duty diesel engines. We have
therefore concluded that today's proposed rule will relieve regulatory
burden for all affected small entities. 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 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 rule
contains no regulatory requirements that might significantly or
uniquely affect small governments.
This proposed rule merely makes a revision to the regulations to
provide an additional option for selecting the deterioration factor for
highway heavy duty diesel engines. The requirements of UMRA therefore
do not apply to this action. 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 merely makes
a revision to the regulations to correct typographical errors, revise
references, restore sections, conciliate provisions with our nonroad
engine regulations and remove old provisions for highway heavy-duty
diesel engines. 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. In the spirit of
Executive Order 13132, and consistent with EPA policy to promote
communications between EPA and State and local governments, EPA
specifically solicits comment on this proposed rule from State and
local officials.
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
[[Page 51545]]
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 merely makes a revision to the regulations to
correct typographical errors, revise references, restore sections,
conciliate provisions with our nonroad engine regulations and remove
old provisions for highway heavy-duty diesel engines. 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 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.
I. National Technology Transfer and Advancement Act
This proposed rule does not involve technical standards. It merely
makes a revision to the regulations to correct typographical errors,
revise references, restore sections, conciliate provisions with our
nonroad engine regulations and remove old provisions for highway heavy-
duty diesel engines. Thus, we have determined that the requirements of
the NTTAA do not apply. 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. Statutory Authority
The statutory authority for this action comes from section 202 of
the Clean Air Act as amended (42 U.S.C. 7521). 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
40 CFR Part 9
Reporting and recordkeeping requirements.
40 CFR Part 86
Environmental protection, Administrative practice and procedure,
Air pollution control, Motor vehicle pollution, Reporting and
recordkeeping requirements.
Dated: August 24, 2006.
Stephen L. Johnson,
Administrator.
[FR Doc. E6-14428 Filed 8-29-06; 8:45 am]
BILLING CODE 6560-50-P