Amendments to Regulations for Heavy-Duty Diesel Engines, 51481-51489 [E6-14429]
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Federal Register / Vol. 71, No. 168 / Wednesday, August 30, 2006 / Rules and Regulations
Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, 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.
Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
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Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Commandant Instruction M16475.lD,
and Department of Homeland Security
Management Directive 5100.1, which
guides the Coast Guard in complying
with the National Environmental Policy
Act of 1969 (NEPA)(42 U.S.C. 4321–
4370f), and have concluded that there
are no factors in this case that would
limit the use of a categorical exclusion
under section 2.B.2 of the Instruction.
Therefore, this rule is categorically
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excluded, under figure 2–1, paragraph
(32)(e) of the Instruction, from further
environmental documentation. Under
figure 2–1, paragraph (32)(e), of the
Instruction, an ‘‘Environmental Analysis
Check List’’ and a ‘‘Categorical
Exclusion Determination’’ are not
required for this rule.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the
preamble, the Coast Guard is amending
33 CFR part 117 as follows:
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for part 117
continues to read as follows:
I
Authority: 33 U.S.C. 499; Department of
Homeland Security Delegation No. 0170.1; 33
CFR 1.05–1(g); section 117.255 also issued
under the authority of Pub. L. 102–587, 106
Stat. 5039.
§ 117.255
[Amended]
2. In § 117.255, in paragraphs (a)(3)(i)
and (a)(5)(i) remove ‘‘(202) 727–5522’’,
and add, in its place, ‘‘(703) 836–2396’’.
I
Dated: August 21, 2006.
L.L. Hereth,
Rear Admiral, U. S. Coast Guard,
Commander, Fifth Coast Guard District.
[FR Doc. E6–14439 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–8214–9]
RIN 2060–AN70
Amendments to Regulations for
Heavy-Duty Diesel Engines
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
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 making 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: This direct final rule is effective
on October 30, 2006 without further
notice, unless we receive adverse
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51481
comments by September 29, 2006 or
receive a request for a public hearing by
September 14, 2006. If we receive any
adverse comments on this direct final
rule, or on one or more amendments in
this direct final rule, or receive a request
for a hearing within the time frame
described above, we will publish a
timely withdrawal in the Federal
Register informing the public that this
rule, or the provisions of this rule that
are the subject of adverse comment, will
not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OAR–2005–0474, by one of the
following methods:
• 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:
fl Please include a total of copies.
fl 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
www.regulations.gov, including any
personal information provided, unless
the comment includes information
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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 www.regulations.gov
or e-mail. The 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 www.regulations.gov your email 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 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
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:
However, in the ‘‘Proposed Rules’’
section of today’s Federal Register
publication, we are publishing a
separate document that will serve as the
proposal to adopt the provisions in this
Direct Final Rule if adverse comments
are filed. This rule will be effective on
October 30, 2006 without further notice
unless we receive adverse comment by
September 29, 2006 or a request for a
public hearing by September 14, 2006.
If we receive adverse comment on one
more distinct provisions of this rule, we
will publish a timely withdrawal 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 the 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 provisions of
today’s rulemkaing 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 provisions of
today’s rule.
I. General Information
A. Regulated Entities
EPA is publishing this rule without a
prior proposal because we view this
action as noncontroversial and
anticipate no adverse comment.
This action will affect companies that
manufacture and certify heavy-duty
highway diesel engines in the United
States.
Category
NAICS Code a
Industry ................................................................
Industry ................................................................
336112 .................................................
33612 ...................................................
a North
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.
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Examples of potentially affected entities
B. How Can I Get Copies of This
Document?
1. Docket. EPA has established an
official public docket for this action
under Air Docket Number EPA–HQ–
OAR–2005–0474. The official public
docket consists of the documents
specifically referenced in this action,
any public comments received, and
other information related to this action.
Although a part of the official docket,
the public docket does not include
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. The official public
docket is the collection of materials that
is available for public viewing at the Air
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Docket in the EPA Docket Center (EPA/
DC), EPA West Building, Room B108,
1301 Constitution Ave., 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, 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.
2. Electronic Access. This direct final
rule is available electronically from the
EPA Internet Web site. This service is
free of charge, except for any cost
incurred for internet connectivity. The
electronic version of this final rule is
made available on the date of
publication on the primary Web site
listed below. The EPA Office of
Transportation and Air Quality also
publishes Federal Register notices and
related documents on the secondary
Web site listed below.
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1. https://www.epa.gov/docs/fedrgstr/
EPA-AIR (either select desired date or
use Search features).
2. https://www.epa.gov/otaq (look in
What’s New or under the specific
rulemaking topic).
Please note that due to differences
between the software used to develop
the documents and the software into
which the document may be
downloaded, format changes may occur.
C. How and To Whom Do I Submit
Comments?
You may summit comments on this
direct final rule as described in this
section. You should note that we are
also publishing a notice of proposed
rulemaking in the ‘‘Proposed Rules’’
section of today’s Federal Register,
which matches the substance of this
direct final rule. Your comments on this
direct final rule will be considered to
also be applicable to that notice of
proposed rulemaking. If we receive any
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Federal Register / Vol. 71, No. 168 / Wednesday, August 30, 2006 / Rules and Regulations
adverse comments on this direct final
rule or receive a request for a hearing
within the time frame described above,
we will publish a timely withdrawal in
the Federal Register informing the
public that this rule, or the provisions
of this rule receiving adverse comment,
will not take effect. We may then take
final action in a final rule based on the
accompanying proposal. We will not
institute a second comment period.
You may submit comments
electronically, by mail, by facsimile, or
through hand delivery/courier. To
ensure proper receipt by EPA, identify
the appropriate docket identification
number in the subject line on the first
page of your comment. Please ensure
that your comments are submitted
within the specified comment period.
Comments received after the close of the
comment period will be marked ‘‘late.’’
EPA is not required to consider these
late comments.
1. Electronically. If you submit an
electronic comment as prescribed
below, EPA recommends that you
include your name, mailing address,
and an e-mail address or other contact
information in the body of your
comment. Also include this contact
information on the outside of any disk
or CD ROM you submit, and in any
cover letter accompanying the disk or
CD ROM. This ensures that you can be
identified as the submitter of the
comment and allows EPA to contact you
in case EPA cannot read your comment
due to technical difficulties or needs
further information on the substance of
your comment. EPA’s policy is that EPA
will not edit your comment, and any
identifying or contact information
provided in the body of a comment will
be included as part of the comment that
is placed in the official public docket,
and made available in EPA’s electronic
public docket. 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.
i. EPA dockets. Your use of EPA’s
electronic public docket to submit
comments to EPA electronically is
EPA’s preferred method for receiving
comments directly to EPA Dockets at
www.regulations.gov and follow the
online instructions for submitting
comments. Once in the system, select
‘‘search,’’ and then key in Docket ID No.
EPA–HQ–OAR–2005–0474. The system
is an ‘‘anonymous access’’ system,
which means EPA will not know your
identity, e-mail address, or other contact
information unless you provide it in the
body of your comment.
ii. E-mail. Comments may be sent by
electronic mail (e-mail) to a-and-r-
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docket@epa.gov Attention Air Docket ID
No. EPA–HQ–OAR–2005–0474. In
contrast to EPA’s electronic public
docket, EPA’s e-mail system is not an
‘‘anonymous access’’ system. If you
send an e-mail comment directly to the
Docket without going through EPA’s
electronic public docket, EPA’s e-mail
system automatically captures your email address. E-mail addresses that are
automatically captured by EPA’s e-mail
system are included as part of the
comment that is placed in the official
public docket, and made available in
EPA’s electronic public docket.
iii. Disk or CD ROM. You may submit
comments on a disk or CD ROM that
you mail to the mailing address
identified in ADDRESSES above. These
electronic submissions will be accepted
in WordPerfect or ASCII file format.
Avoid the use of special characters and
any form of encryption.
2. By Mail. Send two copies of your
comments to: U.S. Environmental
Protection Agency, EPA West Building,
1200 Pennsylvania Ave., NW., Room:
B108 Mail Code: 6102T, Washington,
DC 20460, Attention Docket ID No.
EPA–HQ–OAR–2005–0474.
3. By Hand Delivery or Courier.
Deliver your comments to: EPA Docket
Center (Air Docket), U.S. Environmental
Protection Agency, EPA West Building,
1301 Constitution Avenue, NW., Room:
B108 Mail Code: 6102T, Washington,
DC, Attention Air Docket ID No. EPAHQ-OAR–2005–0474. Such deliveries
are only accepted during the Docket’s
normal hours of operation as identified
in Unit I.
4. By Facsimile. Fax your comments
to: (202) 566–1741, Attention Docket ID
No. EPA–HQ–OAR–2005–0474.
II. Summary of Rule
EPA is making the following minor
amendments to correct typographical
errors, revise references, restore
sections, conciliate provisions with our
nonroad engine regulations and remove
old provisions:
• 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.
• Revising the provisions for
certification fees in part 86 subpart J and
referring to part 85 subpart Y, since they
have been completely replaced in part
85 starting with the 2004 model year.
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• Adding a provision to part 86 to
require manufacturers of all types of
engines, vehicles, and motorcycles to
name an agent for service of process in
the United States. This provision does
not place additional burden on engine,
vehicle, and motorcycle manufacturers
because they already need to do this to
comply with our certification
requirements. This simply formalizes an
existing policy to allow us to ensure that
we will have a person in the United
States who is able to speak for the
company and receive communication
regarding any aspect of our effort to
certify engines and oversee compliance
of certified products. This applies to
§ 86.007–21, § 86.416–80, § 86.437–78,
and § 86.1844–01.
• Re-publishing § 86.004–
28(c)(4)(iii)(B) to establish deterioration
factor provisions applicable to a
highway heavy-duty engine identical to
the options available to nonroad
certified heavy-duty diesel engines
certified under 40 CFR 1039.240. The
new provisions establish additive
deterioration factors as the default but
require the use of multiplicative
deterioration factors if, based on good
engineering judgment, they are more
appropriate for a particular engine
family.
• Re-publishing § 86.007–11(a)(2)(v)
to correct a typographical error in the
equation.
• 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. EPA
inadvertently forgot to add this
provision to the 2007 model year
regulations.
• Revising § 86.1213–94 to reference
the fuel specifications in part 86,
subpart N. This avoids a duplication of
regulatory text and does not change the
applicable test procedures in any way.
• Republishing § 86.1360(c), which
was removed in the migration of test
procedures to 40 CFR part 1065. This
paragraph needs to be added back
because there is a reference to it in
§ 86.1370–2007 and in § 86.1380–2004.
• Revising § 86.1806–01 to properly
cite the incorporation by reference of
several technical standards related to
on-board diagnostics. These documents
are formally incorporated by reference
in § 86.1, so the text in § 86.1806–01 is
revised to describe how the standards
apply, with a straightforward reference
to § 86.1 for the full description of the
standards with instructions for readers
to obtain the documents.
• Revising the language in CFR
§ 86.1806–04(j) and § 86.1806–05(j) to
correctly refer to LDVs, LDTs and
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heavy-duty vehicles weighing 14,000
pounds GVWR or less. Inadvertently we
referenced ‘‘heavy-duty engines
weighing 14,000 pounds GVWR or less’’
instead of LDVs, LDTs and heavy-duty
vehicles weighing 14,000 pounds
GVWR or less.
• Correcting a mistake made in the
2004 Heavy-Duty rule that revised
§ 86.1840–01. This rule revision
included only paragraphs (a) and (b)
and therefore paragraphs (c) and (d)
were omitted from § 86.1840–01. EPA
had no intention of removing
paragraphs (c) and (d). This rule is
adding these two paragraphs back.
EPA does not expect that these minor
revisions will have any adverse cost
impact to the manufacturers. There are
no testing costs associated with the
revisions. There is no environmental
impact associated with this regulatory
action because this rulemaking does not
change the heavy-duty highway diesel
engine emission standards that
manufacturers have to meet; it simply
makes some minor amendments to the
regulations.
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 direct final 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.
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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
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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
EPA has determined that it is not
necessary to prepare a regulatory
flexibility analysis in connection with
this direct final rule.
For purposes of assessing the impacts
of this final 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 final rule on small
entities, EPA has concluded 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
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alternatives ‘‘which minimize any
significant economic impact of the
proposed rule on small entities.’’ 5
U.S.C. 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.
This direct final 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 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,
EPA 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
in any one year. Before promulgating an
EPA rule for which a written statement
is needed, section 205 of the UMRA
generally requires EPA 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 EPA to adopt an alternative other
than the least costly, most cost-effective,
or least burdensome alternative if the
Administrator publishes with the final
rule an explanation of why such an
alternative was adopted.
Before EPA establishes any regulatory
requirements that may significantly or
uniquely affect small governments,
including tribal governments, it must
have developed under section 203 of the
UMRA a small government agency plan.
The plan must provide for notifying
potentially affected small governments,
enabling officials of affected small
governments to have meaningful and
timely input in the development of EPA
regulatory proposals with significant
federal intergovernmental mandates,
and informing, educating, and advising
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small governments on compliance with
the regulatory requirements.
This rule 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 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 direct final 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.
Thus, today’s rule is not subject to the
requirements of sections 202 and 205 of
the UMRA.
E. Executive Order 13132: Federalism
Executive Order 13132, entitled
‘‘Federalism’’ (64 FR 43255, August 10,
1999), requires EPA 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’’ are 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, EPA 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 EPA consults with
State and local officials early in the
process of developing the regulation.
EPA 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
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
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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, EPA 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.
This 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 direct final
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.
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
Executive Order 13175, entitled
‘‘Consultation and Coordination with
Indian Tribal Governments’’ (59 FR
22951, 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.’’ ‘‘Policies that have tribal
implications’’ is defined in the
Executive Order to include regulations
that have ‘‘substantial direct effects on
one or more Indian tribes, on the
relationship between the Federal
government and the Indian tribes, or on
the distribution of power and
responsibilities between the Federal
government and Indian tribes.’’
This 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 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
direct final rule merely makes a slight
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51485
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.
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
EPA has reason to believe may have a
disproportionate effect on children. If
the regulatory action meets both criteria,
Section 5–501 of the Order directs the
Agency 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 the
Agency.
This 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.
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
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (‘‘NTTAA’’), Public Law
104–113, section 12(d) (15 U.S.C. 272
note) directs EPA to use voluntary
consensus standards in its regulatory
activities unless doing so would be
inconsistent with applicable law or
otherwise impractical. Voluntary
consensus standards are technical
standards (such as materials
specifications, test methods, sampling
procedures, and business practices) that
are developed or adopted by voluntary
consensus standards bodies. NTTAA
directs EPA to provide Congress,
through OMB, explanations when the
Agency decides not to use available and
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applicable voluntary consensus
standards.
This direct final rule does not involve
technical standards. This direct final
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. Thus, we have
determined that the requirements of the
NTTAA do not apply.
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 this rule and other required
information to the U.S. Senate, the U.S.
House of Representatives, and the
Comptroller General of the United
States before 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). This direct
final rule is effective on October 30,
2006.
K. 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 rulemaking subject to the
provisions of Clean Air Act section
307(d). See 42 U.S.C. 7607(d).
PART 9—OMB APPROVALS UNDER
THE PAPERWORK REDUCTION ACT
1. The authority citation for part 9
continues to read as follows:
I
Authority: 7 U.S.C. 135 et seq., 136–136y;
15 U.S.C. 2001, 2003, 2005, 2006, 2601–2671;
21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33
U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318,
1321, 1326, 1330, 1342, 1344, 1345(d) and
(e), 1361; E.O. 11735, 38 FR 21243, 3 CFR,
1971–1975 Comp. p. 973; 42 U.S.C. 241,
242b, 243, 246, 300f, 300g, 300g–1, 300g–2,
300g–3, 300g–4, 300g–5, 300g–6, 300j–1,
300j–2, 300j–3, 300j–4, 300j–9, 1857 et seq.,
6901–6992k, 7401–7671q, 7542, 9601–9657,
11023, 11048.
2. Section 9.1 is amended by
removing from the table the following
entries:
I
86.085–13
86.090–14
86.090–21
86.090–25
86.090–26
86.091–15
86.091–21
86.091–23
86.091–28
86.091–30
86.092–14
86.092–15
86.092–23
86.092–24
86.092–26
86.092–35
86.094–7—
86.094–9
86.094–
24(a)(3)(iii)
86.094–35
86.095–24
86.113–82
86.113–87
86.113–90
86.113–91
86.135–82
86.135–90
86.135–94
86.144–90
86.608.88
86.608.90
86.608–96
86.609–84
86.609–96
86.612–84
86.908–01
86.909–93
86.1003–97
86.1008–90
86.1008–96
86.1009–84
86.1009–96
86.1213–85
86.1213–87
86.1313–84
86.1313–87
86.1313–90
86.1313–91
86.1314–84
86.1316–84
86.1316–90
86.1319–84
86.1321–84
86.1321–90
86.1327–84
86.1327–88
86.1327–90
PART 86—CONTROL OF EMISSIONS
FROM NEW AND IN-USE HIGHWAY
VEHICLES AND ENGINES
3. The authority citation for part 86
continues to read as follows:
I
Authority: 42 U.S.C. 7401–7671q.
List of Subjects
Subpart A—[Amended]
40 CFR Part 9
I
4. Subpart A is amended by removing
the following sections:
Reporting and recordkeeping
requirements.
86.084–40
86.085–1
86.085–13
86.088–10
86.090–1
86.090–9
86.090–14
86.090–21
86.090–22
86.090–24
86.090–25
86.090–26
86.091–9
40 CFR Part 86
Environmental protection,
Administrative practice and procedure,
Air pollution control, Motor vehicle
pollution, Reporting and recordkeeping
requirements.
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Dated: August 24, 2006.
Stephen L. Johnson,
Administrator.
16:32 Aug 29, 2006
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86.092–35
86.093–11
86.093–35
86.094–8
86.094–11
86.094–24
86.094–35
86.094–38
86.095–24
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Compliance with emission
*
*
*
*
*
(c) * * *
(4) * * *
(iii) * * *
(B) * * *
(1) Additive deterioration factor for
exhaust emissions. Except as specified
in paragraph (c)(4)(iii)(B)(2) of this
section, use an additive deterioration
factor for exhaust emissions. An
additive deterioration factor for a
pollutant is the difference between
exhaust emissions at the end of the
useful life and exhaust emissions at the
low-hour test point. In these cases,
adjust the official emission results for
each tested engine at the selected test
point by adding the factor to the
measured emissions. If the factor is less
than zero, use zero. Additive
deterioration factors must be specified
to one more decimal place than the
applicable standard.
(2) Multiplicative deterioration factor
for exhaust emissions. Use a
multiplicative deterioration factor if
good engineering judgment calls for the
deterioration factor for a pollutant to be
the ratio of exhaust emissions at the end
of the useful life to exhaust emissions at
the low-hour test point. For example, if
you use aftertreatment technology that
controls emissions of a pollutant
proportionally to engine-out emissions,
it is often appropriate to use a
multiplicative deterioration factor.
Adjust the official emission results for
each tested engine at the selected test
point by multiplying the measured
emissions by the deterioration factor. If
the factor is less than one, use one. A
multiplicative deterioration factor may
not be appropriate in cases where
testing variability is significantly greater
than engine-to-engine variability.
Multiplicative deterioration factors must
be specified to one more significant
figure than the applicable standard.
*
*
*
*
*
I 6. Section 86.007–11 is amended by
revising paragraph (a)(2)(v) to read as
follows:
§ 86.007–11 Emission standards and
supplemental requirements for 2007 and
later model year heavy-duty engines and
vehicles.
*
5. Section 86.004–28 is amended by
redesignating the paragraph
(c)(4)(iii)(B)(iv) as (c)(4)(iii)(B)(4) and
revising paragraphs (c)(4)(iii)(B)(1) and
(c)(4)(iii)(B)(2) to read as follows:
I
For the reasons set out in the
preamble, title 40, chapter I of the Code
of Federal Regulations is amended as set
forth below.
I
VerDate Aug<31>2005
86.091–11
86.091–15
86.091–21
86.091–23
86.091–28
86.091–30
86.091–35
86.092–1
86.092–14
86.092–15
86.092–23
86.092–24
86.092–26
§ 86.004–28
standards.
*
*
*
*
(a) * * *
(2) * * *
(v) Determine your engine’s brakespecific emissions using the following
calculation, which weights the
emissions from the cold-start and hotstart test intervals:
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*
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7. Section 86.007–21 is amended by
adding paragraph (q) to read as follows:
I
§ 86.007–21
Application for certification.
*
*
*
*
*
(q) The manufacturer must name an
agent for service of process located in
the United States. Service on this agent
constitutes service on you or any of your
officers or employees for any action by
EPA or otherwise by the United States
related to the requirements of this part.
I 8. Section 86.007–35 is amended by
adding paragraph (j) to read as follows:
m cold-start + 6 ⋅ m hot -start
Wcold-start + 6 ⋅ Whot -start
Service on this agent constitutes service
on you or any of your officers or
employees for any action by EPA or
otherwise by the United States related to
the requirements of this part.
*
*
*
*
*
I 12. Section 86.437–78 is amended by
adding paragraph (b)(1)(iii) to read as
follows:
§ 86.437–78
Certification.
*
*
*
*
(j) The Administrator may approve in
advance other label content and formats
provided the alternative label contains
information consistent with this section.
*
*
*
*
(b) * * *
(1) * * *
(iii) The name of an agent for service
of process located in the United States.
Service on this agent constitutes service
on you or any of your officers or
employees for any action by EPA or
otherwise by the United States related to
the requirements of this part.
*
*
*
*
*
Subpart B—[Amended]
Subpart F—[Amended]
9. Subpart B is amended by removing
the following sections:
86.106–90
86.106–94
86.107–90
86.109–90
86.113–91
86.114–79
86.116–90
86.117–90
86.120–82
86.121–82
86.127–90
86.127–94
86.130–78
86.131–90
86.132–90
86.133–90
86.138–90
86.140–82
86.140–90
86.143–90
86.144–90
I
Subpart E—[Amended]
I
§ 86.007–35
Labeling.
*
I
10. Subpart E is amended by removing
the following sections:
86.401–90
86.410–80
I 11. Section 86.416–80 is amended by
adding paragraph (a)(2)(ix) to read as
follows:
jlentini on PROD1PC65 with RULES
Application for certification.
(a) * * *
(2) * * *
(ix) The name of an agent for service
of process located in the United States.
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16:32 Aug 29, 2006
13. Subpart F is amended by removing
the following sections:
86.513–87
86.513–90
86.519–78
86.529–78
Subpart G—[Amended]
14. Subpart G is amended by
removing the following sections:
86.602–97
86.603–97
86.608–88
86.608–90
86.608–96
86.608–97
86.609–84
86.609–96
86.609–97
86.610–96
86.612–84
I
Subpart J—[Amended]
15. Subpart J is revised to read as
follows:
I
§ 86.416–80
*
Jkt 208001
Subpart J—Fees for the Motor Vehicle
and Engine Compliance Program
§ 86.901
Assessment of fees.
See 40 CFR part 85, subpart Y, for the
applicable fees associated with
certifying engines and vehicles under
this part.
Subpart K—[Amended]
16. Subpart K is amended by
removing the following sections:
I
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86.1002–84
86.1002–97
86.1003–97
86.1008–90
86.1008–96
86.1008–97
86.1009–84
86.1009–96
86.1009–97
86.1010–96
86.1012–84
Subpart M—[Amended]
17. Subpart M is amended by
removing the following sections:
86.1206–90
86.1207–90
86.1213–04
86.1213–90
86.1217–90
86.1227–90
86.1230–85
86.1232–90
86.1233–90
86.1235–85
86.1238–90
86.1243–90
I 18. Section 86.1213–94 is revised to
read as follows:
I
§ 86.1213–94
Fuel specifications.
Use the fuels specified in subpart N
of this part for evaporative emission
testing.
Subpart N—[Amended]
19. Subpart N is amended by
removing the following sections:
86.1306–90
86.1311–90
86.1313–91
86.1314–84
86.1316–90
86.1319–84
86.1321–90
86.1327–90
86.1327–94
86.1330–84
86.1337–90
86.1344–90
I 20. Section 86.1360–2007 is amended
by adding paragraph (c) to read as
follows:
I
§ 86.1360–2007 Supplemental emission
test; test cycle and procedures.
*
*
*
*
*
(c) Determining engine speeds. (1) The
engine speeds A, B and C, referenced in
the table in paragraph (b)(1) of this
section, and speeds D and E, referenced
in § 86.1380, must be determined as
follows:
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Speed A = nlo + 0.25 × (nhi¥nlo)
Speed B = nlo + 0.50 × (nhi¥nlo)
Speed C = nlo + 0.75 × (nhi¥nlo)
Speed D = nhi
Speed E = nlo + 0.15 × (nhi¥nlo)
Where: nhi = High speed as determined
by calculating 70% of the maximum
power. The highest engine speed
where this power value occurs on
the power curve is defined as nhi.
nlo = Low speed as determined by
calculating 50% of the maximum
power. The lowest engine speed
where this power value occurs on
the power curve is defined as nlo.
Maximum power = the maximum
observed power calculated
according to the engine mapping
procedures defined in § 86.1332.
*
*
*
*
*
Subpart P—[Amended]
21. Subpart P is amended by removing
the following sections:
86.1501–90
86.1504–90
86.1505–84
86.1505–90
86.1506–90
86.1513–90
I
Subpart S—[Amended]
22. Section 86.1806–01 is amended by
revising paragraphs (e) introductory
text, (f)(2), (f)(3), and (h) to read as
follows:
I
§ 86.1806–01
On-board diagnostics.
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*
*
*
*
*
(e) Storing of computer codes. The
emission control diagnostic system shall
record and store in computer memory
diagnostic trouble codes and diagnostic
readiness codes indicating the status of
the emission control system. These
codes shall be available through the
standardized data link connector per
SAE J1979 specifications as described in
paragraph (h) of this section.
*
*
*
*
*
(f) * * *
(2) The following data in addition to
the required freeze frame information
shall be made available on demand
through the serial port on the
standardized data link connector, if the
information is available to the on-board
computer or can be determined using
information available to the on-board
computer: Diagnostic trouble codes,
engine coolant temperature, fuel control
system status (closed loop, open loop,
other), fuel trim, ignition timing
advance, intake air temperature,
manifold air pressure, air flow rate,
engine RPM, throttle position sensor
output value, secondary air status
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(upstream, downstream, or atmosphere),
calculated load value, vehicle speed,
and fuel pressure. The signals shall be
provided in standard units based on
SAE specifications described in
paragraph (h) of this section. Actual
signals shall be clearly identified
separately from default value or limp
home signals.
(3) For all emission control systems
for which specific on-board evaluation
tests are conducted (catalyst, oxygen
sensor, etc.), the results of the most
recent test performed by the vehicle,
and the limits to which the system is
compared shall be available through the
standardized data link connector per
SAE J1979 specifications as described in
paragraph (h) of this section.
*
*
*
*
*
(h) Reference materials. The emission
control diagnostic system shall provide
for standardized access and conform
with the following standards that we
incorporate by reference in § 86.1:
(1) Except as specified in paragraph
(h)(2) of this section, SAE J1850 ‘‘Class
B Data Communication Network
Interface,’’ (July 1995) shall be used as
the on-board to off-board
communications protocol. All emission
related messages sent to the scan tool
over a J1850 data link shall use the
Cyclic Redundancy Check and the three
byte header, and shall not use inter-byte
separation or checksums.
(2) ISO 9141–2 February 1994 ‘‘Road
vehicles—Diagnostic systems—Part 2:
CARB requirements for interchange of
digital information,’’ may be used as an
alternative to SAE J1850 as the on-board
to off-board communications protocol.
(3) Basic diagnostic data (as specified
in §§ 86.094–17(e) and (f)) shall be
provided in the format and units in SAE
J1979 July 1996 E/E Diagnostic Test
Modes.’’
(4) Diagnostic trouble codes shall be
consistent with SAE J2012 July 1996
‘‘Recommended Practices for Diagnostic
Trouble Code Definitions.’’
(5) The connection interface between
the OBD system and test equipment and
diagnostic tools shall meet the
functional requirements of SAE J1962
January 1995 ‘‘Diagnostic Connector.’’
*
*
*
*
*
I 23. Section 86.1806–04 is amended by
revising paragraph (j) to read as follows:
§ 86.1806–04
On-board diagnostics.
*
*
*
*
*
(j) California OBDII compliance
option. For light-duty vehicles, lightduty trucks, and heavy-duty vehicles
weighing 14,000 pounds GVWR or less,
demonstration of compliance with
California OBD II requirements (Title 13
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California Code of Regulations § 1968.2
(13 CCR 1968.2)), as modified, approved
and filed on April 21, 2003, shall satisfy
the requirements of this section, except
that compliance with 13 CCR
1968.2(e)(4.2.2)(C), pertaining to 0.02
inch evaporative leak detection, and 13
CCR 1968.2(d)(1.4), pertaining to
tampering protection, are not required
to satisfy the requirements of this
section. Also, the deficiency provisions
of 13 CCR 1968.2(i) do not apply. The
deficiency provisions of paragraph (i) of
this section and the evaporative leak
detection requirement of paragraph
(b)(4) of this section apply to
manufacturers selecting this paragraph
for demonstrating compliance. In
addition, demonstration of compliance
with 13 CCR 1968.2(e)(16.2.1)(C), to the
extent it applies to the verification of
proper alignment between the camshaft
and crankshaft, applies only to vehicles
equipped with variable valve timing.
*
*
*
*
*
24. Section 86.1806–05 is amended by
revising paragraph (j) to read as follows:
I
§ 86.1806–05
On-board diagnostics.
*
*
*
*
*
(j) California OBDII compliance
option. For light-duty vehicles, lightduty trucks, and heavy-duty vehicles
weighing 14,000 pounds GVWR or less,
demonstration of compliance with
California OBDII requirements (Title 13
California Code of Regulations § 1968.2
(13 CCR 1968.2)), as modified, approved
and filed on April 21, 2003, shall satisfy
the requirements of this section, except
that compliance with 13 CCR
1968.2(e)(4.2.2)(C), pertaining to 0.02
inch evaporative leak detection, and 13
CCR 1968.2(d)(1.4), pertaining to
tampering protection, are not required
to satisfy the requirements of this
section. Also, the deficiency provisions
of 13 CCR 1968.2(i) do not apply. The
deficiency provisions of paragraph (i) of
this section and the evaporative leak
detection requirement of paragraph
(b)(4) of this section apply to
manufacturers selecting this paragraph
for demonstrating compliance. In
addition, demonstration of compliance
with 13 CCR 1968.2(e)(16.2.1)(C), to the
extent it applies to the verification of
proper alignment between the camshaft
and crankshaft, applies only to vehicles
equipped with variable valve timing.
*
*
*
*
*
25. Section 86.1840–01 is amended by
adding paragraphs (c) and (d) to read as
follows:
I
§ 86.1840–01
*
E:\FR\FM\30AUR1.SGM
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*
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Special test procedures.
*
*
Federal Register / Vol. 71, No. 168 / Wednesday, August 30, 2006 / Rules and Regulations
(c) Manufacturers of vehicles
equipped with periodically regenerating
trap oxidizer systems must propose a
procedure for testing and certifying such
vehicles including SFTP testing for the
review and approval of the
Administrator. The manufacturer must
submit its proposal before it begins any
service accumulation or emission
testing. The manufacturer must provide
with its submittal, sufficient
documentation and data for the
Administrator to fully evaluate the
operation of the trap oxidizer system
and the proposed certification and
testing procedure.
(d) The provisions of paragraph (a)
and (b) of this section also apply to
MDPVs.
I 26. Section 86.1844–01 is amended by
adding paragraph (d)(17) to read as
follows:
§ 86.1844–01 Information requirements:
Application for certification and submittal of
information upon request.
*
*
*
*
*
(d) * * *
(17) The name of an agent for service
of process located in the United States.
Service on this agent constitutes service
on you or any of your officers or
employees for any action by EPA or
otherwise by the United States related to
the requirements of this part.
*
*
*
*
*
[FR Doc. E6–14429 Filed 8–29–06; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R05–OAR–2006–0399; FRL–8214–5]
Determination of Attainment, Approval
and Promulgation of Implementation
Plans and Designation of Areas for Air
Quality Planning Purposes; Indiana;
Redesignation of Allen County 8-hour
Ozone Nonattainment Area to
Attainment for Ozone
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
jlentini on PROD1PC65 with RULES
AGENCY:
SUMMARY: On May 30, 2006, the State of
Indiana, through the Indiana
Department of Environmental
Management (IDEM), submitted, in
final: A request to redesignate the 8hour ozone National Ambient Air
Quality Standard (NAAQS)
nonattainment area of Allen County,
Indiana, to attainment for the 8-hour
ozone NAAQS; and a request for EPA
approval of an Indiana State
VerDate Aug<31>2005
16:32 Aug 29, 2006
Jkt 208001
Implementation Plan (SIP) revision
containing a 14-year maintenance plan
for Allen County. Today, EPA is making
a determination that the Allen County,
Indiana ozone nonattainment area has
attained the 8-hour ozone NAAQS. This
determination is based on three years of
complete, quality-assured ambient air
quality monitoring data for the 2003–
2005 ozone seasons that demonstrate
that the 8-hour ozone NAAQS has been
attained in the area. EPA is also
approving the request to redesignate the
area to attainment for the 8-hour ozone
standard and the State’s maintenance
plan. EPA’s approval of the 8-hour
ozone redesignation request is based on
its determination that Allen County,
Indiana has met the criteria for
redesignation to attainment specified in
the Clean Air Act (CAA). EPA is also
approving, for purposes of
transportation conformity, the motor
vehicle emission budgets (MVEBs) for
the year 2020 that are contained in the
14-year 8-hour ozone maintenance plan
for Allen County.
DATES: This rule is effective on October
30, 2006, unless EPA receives adverse
written comments by September 29,
2006. If EPA receives adverse
comments, EPA will publish a timely
withdrawal of the rule in the Federal
Register and inform the public that the
rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2006–0399, by one of the
following methods:
• www.regulations.gov: Follow the
on-line instructions for submitting
comments.
• E-mail: mooney.john@epa.gov.
• Fax: (312) 886–5824.
• Mail: John M. Mooney, Chief,
Criteria Pollutant Section, (AR–18J),
U.S. Environmental Protection Agency,
77 West Jackson Boulevard, Chicago,
Illinois 60604.
• Hand Delivery: John M. Mooney,
Chief, Criteria Pollutant Section, (AR–
18J), U.S. Environmental Protection
Agency, 77 West Jackson Boulevard,
Chicago, Illinois 60604. Such deliveries
are only accepted during the Regional
Office normal hours of operation, and
special arrangements should be made
for deliveries of boxed information. The
Regional Office official hours of
business are Monday through Friday,
8:30 a.m. to 4:30 p.m. excluding Federal
holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R05–OAR–2006–
0399. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at
PO 00000
Frm 00069
Fmt 4700
Sfmt 4700
51489
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 www.regulations.gov
or e-mail. The 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 www.regulations.gov your email 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 instructions
on submitting comments, go to Section
I of the SUPPLEMENTARY INFORMATION
section of this document.
Docket: All documents in the docket
are listed in the 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
www.regulations.gov or in hard copy at
the Environmental Protection Agency,
Region 5, Air and Radiation Division, 77
West Jackson Boulevard, Chicago,
Illinois 60604. This Facility is open
from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal
holidays. We recommend that you
telephone Steven Rosenthal,
Environmental Engineer, at (312) 886–
6052 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Steven Rosenthal, Environmental
Engineer, Criteria Pollutant Section, Air
Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–6052,
Rosenthal.steven@epa.gov.
E:\FR\FM\30AUR1.SGM
30AUR1
Agencies
[Federal Register Volume 71, Number 168 (Wednesday, August 30, 2006)]
[Rules and Regulations]
[Pages 51481-51489]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-14429]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 9 and 86
[EPA-HQ-OAR-2005-0474; FRL-8214-9]
RIN 2060-AN70
Amendments to Regulations for Heavy-Duty Diesel Engines
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
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 making 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: This direct final rule is effective on October 30, 2006 without
further notice, unless we receive adverse comments by September 29,
2006 or receive a request for a public hearing by September 14, 2006.
If we receive any adverse comments on this direct final rule, or on one
or more amendments in this direct final rule, or receive a request for
a hearing within the time frame described above, we will publish a
timely withdrawal in the Federal Register informing the public that
this rule, or the provisions of this rule that are the subject of
adverse comment, will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2005-0474, by one of the following methods:
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:
[rtrif] Please include a total of copies.
[rtrif] 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
www.regulations.gov, including any personal information provided,
unless the comment includes information
[[Page 51482]]
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
www.regulations.gov or e-mail. The 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 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
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 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
EPA is publishing this rule without a prior proposal because we
view this action as noncontroversial and anticipate no adverse comment.
However, in the ``Proposed Rules'' section of today's Federal Register
publication, we are publishing a separate document that will serve as
the proposal to adopt the provisions in this Direct Final Rule if
adverse comments are filed. This rule will be effective on October 30,
2006 without further notice unless we receive adverse comment by
September 29, 2006 or a request for a public hearing by September 14,
2006. If we receive adverse comment on one more distinct provisions of
this rule, we will publish a timely withdrawal 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
the 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 provisions of today's rulemkaing 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
provisions of today's rule.
A. 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.
B. How Can I Get Copies of This Document?
1. Docket. EPA has established an official public docket for this
action under Air Docket Number EPA-HQ-OAR-2005-0474. The official
public docket consists of the documents specifically referenced in this
action, any public comments received, and other information related to
this action. Although a part of the official docket, the public docket
does not include Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. The official
public docket is the collection of materials that is available for
public viewing at the Air Docket in the EPA Docket Center (EPA/DC), EPA
West Building, Room B108, 1301 Constitution Ave., 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, 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.
2. Electronic Access. This direct final rule is available
electronically from the EPA Internet Web site. This service is free of
charge, except for any cost incurred for internet connectivity. The
electronic version of this final rule is made available on the date of
publication on the primary Web site listed below. The EPA Office of
Transportation and Air Quality also publishes Federal Register notices
and related documents on the secondary Web site listed below.
1. https://www.epa.gov/docs/fedrgstr/EPA-AIR (either select desired
date or use Search features).
2. https://www.epa.gov/otaq (look in What's New or under the
specific rulemaking topic).
Please note that due to differences between the software used to
develop the documents and the software into which the document may be
downloaded, format changes may occur.
C. How and To Whom Do I Submit Comments?
You may summit comments on this direct final rule as described in
this section. You should note that we are also publishing a notice of
proposed rulemaking in the ``Proposed Rules'' section of today's
Federal Register, which matches the substance of this direct final
rule. Your comments on this direct final rule will be considered to
also be applicable to that notice of proposed rulemaking. If we receive
any
[[Page 51483]]
adverse comments on this direct final rule or receive a request for a
hearing within the time frame described above, we will publish a timely
withdrawal in the Federal Register informing the public that this rule,
or the provisions of this rule receiving adverse comment, will not take
effect. We may then take final action in a final rule based on the
accompanying proposal. We will not institute a second comment period.
You may submit comments electronically, by mail, by facsimile, or
through hand delivery/courier. To ensure proper receipt by EPA,
identify the appropriate docket identification number in the subject
line on the first page of your comment. Please ensure that your
comments are submitted within the specified comment period. Comments
received after the close of the comment period will be marked ``late.''
EPA is not required to consider these late comments.
1. Electronically. If you submit an electronic comment as
prescribed below, EPA recommends that you include your name, mailing
address, and an e-mail address or other contact information in the body
of your comment. Also include this contact information on the outside
of any disk or CD ROM you submit, and in any cover letter accompanying
the disk or CD ROM. This ensures that you can be identified as the
submitter of the comment and allows EPA to contact you in case EPA
cannot read your comment due to technical difficulties or needs further
information on the substance of your comment. EPA's policy is that EPA
will not edit your comment, and any identifying or contact information
provided in the body of a comment will be included as part of the
comment that is placed in the official public docket, and made
available in EPA's electronic public docket. 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.
i. EPA dockets. Your use of EPA's electronic public docket to
submit comments to EPA electronically is EPA's preferred method for
receiving comments directly to EPA Dockets at www.regulations.gov and
follow the online instructions for submitting comments. Once in the
system, select ``search,'' and then key in Docket ID No. EPA-HQ-OAR-
2005-0474. The system is an ``anonymous access'' system, which means
EPA will not know your identity, e-mail address, or other contact
information unless you provide it in the body of your comment.
ii. E-mail. Comments may be sent by electronic mail (e-mail) to a-
and-r-docket@epa.gov Attention Air Docket ID No. EPA-HQ-OAR-2005-0474.
In contrast to EPA's electronic public docket, EPA's e-mail system is
not an ``anonymous access'' system. If you send an e-mail comment
directly to the Docket without going through EPA's electronic public
docket, EPA's e-mail system automatically captures your e-mail address.
E-mail addresses that are automatically captured by EPA's e-mail system
are included as part of the comment that is placed in the official
public docket, and made available in EPA's electronic public docket.
iii. Disk or CD ROM. You may submit comments on a disk or CD ROM
that you mail to the mailing address identified in ADDRESSES above.
These electronic submissions will be accepted in WordPerfect or ASCII
file format. Avoid the use of special characters and any form of
encryption.
2. By Mail. Send two copies of your comments to: U.S. Environmental
Protection Agency, EPA West Building, 1200 Pennsylvania Ave., NW.,
Room: B108 Mail Code: 6102T, Washington, DC 20460, Attention Docket ID
No. EPA-HQ-OAR-2005-0474.
3. By Hand Delivery or Courier. Deliver your comments to: EPA
Docket Center (Air Docket), U.S. Environmental Protection Agency, EPA
West Building, 1301 Constitution Avenue, NW., Room: B108 Mail Code:
6102T, Washington, DC, Attention Air Docket ID No. EPA-HQ-OAR-2005-
0474. Such deliveries are only accepted during the Docket's normal
hours of operation as identified in Unit I.
4. By Facsimile. Fax your comments to: (202) 566-1741, Attention
Docket ID No. EPA-HQ-OAR-2005-0474.
II. Summary of Rule
EPA is making the following minor amendments to correct
typographical errors, revise references, restore sections, conciliate
provisions with our nonroad engine regulations and remove old
provisions:
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.
Revising the provisions for certification fees in part 86
subpart J and referring to part 85 subpart Y, since they have been
completely replaced in part 85 starting with the 2004 model year.
Adding a provision to part 86 to require manufacturers of
all types of engines, vehicles, and motorcycles to name an agent for
service of process in the United States. This provision does not place
additional burden on engine, vehicle, and motorcycle manufacturers
because they already need to do this to comply with our certification
requirements. This simply formalizes an existing policy to allow us to
ensure that we will have a person in the United States who is able to
speak for the company and receive communication regarding any aspect of
our effort to certify engines and oversee compliance of certified
products. This applies to Sec. 86.007-21, Sec. 86.416-80, Sec.
86.437-78, and Sec. 86.1844-01.
Re-publishing Sec. 86.004-28(c)(4)(iii)(B) to establish
deterioration factor provisions applicable to a highway heavy-duty
engine identical to the options available to nonroad certified heavy-
duty diesel engines certified under 40 CFR 1039.240. The new provisions
establish additive deterioration factors as the default but require the
use of multiplicative deterioration factors if, based on good
engineering judgment, they are more appropriate for a particular engine
family.
Re-publishing Sec. 86.007-11(a)(2)(v) to correct a
typographical error in the equation.
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. EPA inadvertently forgot
to add this provision to the 2007 model year regulations.
Revising Sec. 86.1213-94 to reference the fuel
specifications in part 86, subpart N. This avoids a duplication of
regulatory text and does not change the applicable test procedures in
any way.
Republishing Sec. 86.1360(c), which was removed in the
migration of test procedures to 40 CFR part 1065. This paragraph needs
to be added back because there is a reference to it in Sec. 86.1370-
2007 and in Sec. 86.1380-2004.
Revising Sec. 86.1806-01 to properly cite the
incorporation by reference of several technical standards related to
on-board diagnostics. These documents are formally incorporated by
reference in Sec. 86.1, so the text in Sec. 86.1806-01 is revised to
describe how the standards apply, with a straightforward reference to
Sec. 86.1 for the full description of the standards with instructions
for readers to obtain the documents.
Revising the language in CFR Sec. 86.1806-04(j) and Sec.
86.1806-05(j) to correctly refer to LDVs, LDTs and
[[Page 51484]]
heavy-duty vehicles weighing 14,000 pounds GVWR or less. Inadvertently
we referenced ``heavy-duty engines weighing 14,000 pounds GVWR or
less'' instead of LDVs, LDTs and heavy-duty vehicles weighing 14,000
pounds GVWR or less.
Correcting a mistake made in the 2004 Heavy-Duty rule that
revised Sec. 86.1840-01. This rule revision included only paragraphs
(a) and (b) and therefore paragraphs (c) and (d) were omitted from
Sec. 86.1840-01. EPA had no intention of removing paragraphs (c) and
(d). This rule is adding these two paragraphs back.
EPA does not expect that these minor revisions will have any
adverse cost impact to the manufacturers. There are no testing costs
associated with the revisions. There is no environmental impact
associated with this regulatory action because this rulemaking does not
change the heavy-duty highway diesel engine emission standards that
manufacturers have to meet; it simply makes some minor amendments to
the regulations.
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 direct final 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.
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
EPA has determined that it is not necessary to prepare a regulatory
flexibility analysis in connection with this direct final rule.
For purposes of assessing the impacts of this final 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 final rule on
small entities, EPA has concluded 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. 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.
This direct final 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 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, EPA
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 in any
one year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA 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 EPA to adopt an alternative other than the least
costly, most cost-effective, or least burdensome alternative if the
Administrator publishes with the final rule an explanation of why such
an alternative was adopted.
Before EPA establishes any regulatory requirements that may
significantly or uniquely affect small governments, including tribal
governments, it must have developed under section 203 of the UMRA a
small government agency plan. The plan must provide for notifying
potentially affected small governments, enabling officials of affected
small governments to have meaningful and timely input in the
development of EPA regulatory proposals with significant federal
intergovernmental mandates, and informing, educating, and advising
[[Page 51485]]
small governments on compliance with the regulatory requirements.
This rule 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 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 direct final 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. Thus,
today's rule is not subject to the requirements of sections 202 and 205
of the UMRA.
E. Executive Order 13132: Federalism
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA 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'' are 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, EPA 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 EPA
consults with State and local officials early in the process of
developing the regulation. EPA 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 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, EPA 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.
This 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 direct final 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.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (59 FR 22951, 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.'' ``Policies that have tribal
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects on one or more Indian tribes, on
the relationship between the Federal government and the Indian tribes,
or on the distribution of power and responsibilities between the
Federal government and Indian tribes.''
This 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 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 direct final 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. Thus, Executive Order
13175 does not apply to this rule.
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 EPA has reason to believe may
have a disproportionate effect on children. If the regulatory action
meets both criteria, Section 5-501 of the Order directs the Agency 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 the Agency.
This 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.
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
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, section 12(d) (15 U.S.C.
272 note) directs EPA to use voluntary consensus standards in its
regulatory activities unless doing so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (such as materials specifications, test
methods, sampling procedures, and business practices) that are
developed or adopted by voluntary consensus standards bodies. NTTAA
directs EPA to provide Congress, through OMB, explanations when the
Agency decides not to use available and
[[Page 51486]]
applicable voluntary consensus standards.
This direct final rule does not involve technical standards. This
direct final 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. Thus, we have
determined that the requirements of the NTTAA do not apply.
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 this rule and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States before 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). This direct final rule
is effective on October 30, 2006.
K. 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
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.
0
For the reasons set out in the preamble, title 40, chapter I of the
Code of Federal Regulations is amended as set forth below.
PART 9--OMB APPROVALS UNDER THE PAPERWORK REDUCTION ACT
0
1. The authority citation for part 9 continues to read as follows:
Authority: 7 U.S.C. 135 et seq., 136-136y; 15 U.S.C. 2001, 2003,
2005, 2006, 2601-2671; 21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33
U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, 1321, 1326, 1330,
1342, 1344, 1345(d) and (e), 1361; E.O. 11735, 38 FR 21243, 3 CFR,
1971-1975 Comp. p. 973; 42 U.S.C. 241, 242b, 243, 246, 300f, 300g,
300g-1, 300g-2, 300g-3, 300g-4, 300g-5, 300g-6, 300j-1, 300j-2,
300j-3, 300j-4, 300j-9, 1857 et seq., 6901-6992k, 7401-7671q, 7542,
9601-9657, 11023, 11048.
0
2. Section 9.1 is amended by removing from the table the following
entries:
86.085-13 86.091-21 86.092-15
86.090-14 86.091-23 86.092-23
86.090-21 86.091-28 86.092-24
86.090-25 86.091-30 86.092-26
86.090-26 86.092-14 86.092-35
86.091-15 ............ 86.094-7--86
.094-9
86.094-24(a)(3)(iii) 86.608-96 86.1313-84
86.094-35 86.609-84 86.1313-87
86.095-24 86.609-96 86.1313-90
86.113-82 86.612-84 86.1313-91
86.113-87 86.908-01 86.1314-84
86.113-90 86.909-93 86.1316-84
86.113-91 86.1003-97 86.1316-90
86.135-82 86.1008-90 86.1319-84
86.135-90 86.1008-96 86.1321-84
86.135-94 86.1009-84 86.1321-90
86.144-90 86.1009-96 86.1327-84
86.608.88 86.1213-85 86.1327-88
86.608.90 86.1213-87 86.1327-90
PART 86--CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES
AND ENGINES
0
3. The authority citation for part 86 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart A--[Amended]
0
4. Subpart A is amended by removing the following sections:
86.084-40 86.091-11 86.092-35
86.085-1 86.091-15 86.093-11
86.085-13 86.091-21 86.093-35
86.088-10 86.091-23 86.094-8
86.090-1 86.091-28 86.094-11
86.090-9 86.091-30 86.094-24
86.090-14 86.091-35 86.094-35
86.090-21 86.092-1 86.094-38
86.090-22 86.092-14 86.095-24
86.090-24 86.092-15
86.090-25 86.092-23
86.090-26 86.092-24
86.091-9 86.092-26
0
5. Section 86.004-28 is amended by redesignating the paragraph
(c)(4)(iii)(B)(iv) as (c)(4)(iii)(B)(4) and revising paragraphs
(c)(4)(iii)(B)(1) and (c)(4)(iii)(B)(2) to read as follows:
Sec. 86.004-28 Compliance with emission standards.
* * * * *
(c) * * *
(4) * * *
(iii) * * *
(B) * * *
(1) Additive deterioration factor for exhaust emissions. Except as
specified in paragraph (c)(4)(iii)(B)(2) of this section, use an
additive deterioration factor for exhaust emissions. An additive
deterioration factor for a pollutant is the difference between exhaust
emissions at the end of the useful life and exhaust emissions at the
low-hour test point. In these cases, adjust the official emission
results for each tested engine at the selected test point by adding the
factor to the measured emissions. If the factor is less than zero, use
zero. Additive deterioration factors must be specified to one more
decimal place than the applicable standard.
(2) Multiplicative deterioration factor for exhaust emissions. Use
a multiplicative deterioration factor if good engineering judgment
calls for the deterioration factor for a pollutant to be the ratio of
exhaust emissions at the end of the useful life to exhaust emissions at
the low-hour test point. For example, if you use aftertreatment
technology that controls emissions of a pollutant proportionally to
engine-out emissions, it is often appropriate to use a multiplicative
deterioration factor. Adjust the official emission results for each
tested engine at the selected test point by multiplying the measured
emissions by the deterioration factor. If the factor is less than one,
use one. A multiplicative deterioration factor may not be appropriate
in cases where testing variability is significantly greater than
engine-to-engine variability. Multiplicative deterioration factors must
be specified to one more significant figure than the applicable
standard.
* * * * *
0
6. Section 86.007-11 is amended by revising paragraph (a)(2)(v) to read
as follows:
Sec. 86.007-11 Emission standards and supplemental requirements for
2007 and later model year heavy-duty engines and vehicles.
* * * * *
(a) * * *
(2) * * *
(v) Determine your engine's brake-specific emissions using the
following calculation, which weights the emissions from the cold-start
and hot-start test intervals:
[[Page 51487]]
[GRAPHIC] [TIFF OMITTED] TR30AU06.001
* * * * *
0
7. Section 86.007-21 is amended by adding paragraph (q) to read as
follows:
Sec. 86.007-21 Application for certification.
* * * * *
(q) The manufacturer must name an agent for service of process
located in the United States. Service on this agent constitutes service
on you or any of your officers or employees for any action by EPA or
otherwise by the United States related to the requirements of this
part.
0
8. Section 86.007-35 is amended by adding paragraph (j) to read as
follows:
Sec. 86.007-35 Labeling.
* * * * *
(j) The Administrator may approve in advance other label content
and formats provided the alternative label contains information
consistent with this section.
Subpart B--[Amended]
0
9. Subpart B is amended by removing the following sections:
86.106-90
86.106-94
86.107-90
86.109-90
86.113-91
86.114-79
86.116-90
86.117-90
86.120-82
86.121-82
86.127-90
86.127-94
86.130-78
86.131-90
86.132-90
86.133-90
86.138-90
86.140-82
86.140-90
86.143-90
86.144-90
Subpart E--[Amended]
0
10. Subpart E is amended by removing the following sections:
86.401-90
86.410-80
0
11. Section 86.416-80 is amended by adding paragraph (a)(2)(ix) to read
as follows:
Sec. 86.416-80 Application for certification.
(a) * * *
(2) * * *
(ix) The name of an agent for service of process located in the
United States. Service on this agent constitutes service on you or any
of your officers or employees for any action by EPA or otherwise by the
United States related to the requirements of this part.
* * * * *
0
12. Section 86.437-78 is amended by adding paragraph (b)(1)(iii) to
read as follows:
Sec. 86.437-78 Certification.
* * * * *
(b) * * *
(1) * * *
(iii) The name of an agent for service of process located in the
United States. Service on this agent constitutes service on you or any
of your officers or employees for any action by EPA or otherwise by the
United States related to the requirements of this part.
* * * * *
Subpart F--[Amended]
0
13. Subpart F is amended by removing the following sections:
86.513-87
86.513-90
86.519-78
86.529-78
Subpart G--[Amended]
0
14. Subpart G is amended by removing the following sections:
86.602-97
86.603-97
86.608-88
86.608-90
86.608-96
86.608-97
86.609-84
86.609-96
86.609-97
86.610-96
86.612-84
Subpart J--[Amended]
0
15. Subpart J is revised to read as follows:
Subpart J--Fees for the Motor Vehicle and Engine Compliance Program
Sec. 86.901 Assessment of fees.
See 40 CFR part 85, subpart Y, for the applicable fees associated
with certifying engines and vehicles under this part.
Subpart K--[Amended]
0
16. Subpart K is amended by removing the following sections:
86.1002-84
86.1002-97
86.1003-97
86.1008-90
86.1008-96
86.1008-97
86.1009-84
86.1009-96
86.1009-97
86.1010-96
86.1012-84
Subpart M--[Amended]
0
17. Subpart M is amended by removing the following sections:
86.1206-90
86.1207-90
86.1213-04
86.1213-90
86.1217-90
86.1227-90
86.1230-85
86.1232-90
86.1233-90
86.1235-85
86.1238-90
86.1243-90
0
18. Section 86.1213-94 is revised to read as follows:
Sec. 86.1213-94 Fuel specifications.
Use the fuels specified in subpart N of this part for evaporative
emission testing.
Subpart N--[Amended]
0
19. Subpart N is amended by removing the following sections:
86.1306-90
86.1311-90
86.1313-91
86.1314-84
86.1316-90
86.1319-84
86.1321-90
86.1327-90
86.1327-94
86.1330-84
86.1337-90
86.1344-90
0
20. Section 86.1360-2007 is amended by adding paragraph (c) to read as
follows:
Sec. 86.1360-2007 Supplemental emission test; test cycle and
procedures.
* * * * *
(c) Determining engine speeds. (1) The engine speeds A, B and C,
referenced in the table in paragraph (b)(1) of this section, and speeds
D and E, referenced in Sec. 86.1380, must be determined as follows:
[[Page 51488]]
Speed A = nlo + 0.25 x (nhi-nlo)
Speed B = nlo + 0.50 x (nhi-nlo)
Speed C = nlo + 0.75 x (nhi-nlo)
Speed D = nhi
Speed E = nlo + 0.15 x (nhi-nlo)
Where: nhi = High speed as determined by calculating 70% of
the maximum power. The highest engine speed where this power value
occurs on the power curve is defined as nhi.
nlo = Low speed as determined by calculating 50% of the
maximum power. The lowest engine speed where this power value occurs on
the power curve is defined as nlo.
Maximum power = the maximum observed power calculated according to the
engine mapping procedures defined in Sec. 86.1332.
* * * * *
Subpart P--[Amended]
0
21. Subpart P is amended by removing the following sections:
86.1501-90
86.1504-90
86.1505-84
86.1505-90
86.1506-90
86.1513-90
Subpart S--[Amended]
0
22. Section 86.1806-01 is amended by revising paragraphs (e)
introductory text, (f)(2), (f)(3), and (h) to read as follows:
Sec. 86.1806-01 On-board diagnostics.
* * * * *
(e) Storing of computer codes. The emission control diagnostic
system shall record and store in computer memory diagnostic trouble
codes and diagnostic readiness codes indicating the status of the
emission control system. These codes shall be available through the
standardized data link connector per SAE J1979 specifications as
described in paragraph (h) of this section.
* * * * *
(f) * * *
(2) The following data in addition to the required freeze frame
information shall be made available on demand through the serial port
on the standardized data link connector, if the information is
available to the on-board computer or can be determined using
information available to the on-board computer: Diagnostic trouble
codes, engine coolant temperature, fuel control system status (closed
loop, open loop, other), fuel trim, ignition timing advance, intake air
temperature, manifold air pressure, air flow rate, engine RPM, throttle
position sensor output value, secondary air status (upstream,
downstream, or atmosphere), calculated load value, vehicle speed, and
fuel pressure. The signals shall be provided in standard units based on
SAE specifications described in paragraph (h) of this section. Actual
signals shall be clearly identified separately from default value or
limp home signals.
(3) For all emission control systems for which specific on-board
evaluation tests are conducted (catalyst, oxygen sensor, etc.), the
results of the most recent test performed by the vehicle, and the
limits to which the system is compared shall be available through the
standardized data link connector per SAE J1979 specifications as
described in paragraph (h) of this section.
* * * * *
(h) Reference materials. The emission control diagnostic system
shall provide for standardized access and conform with the following
standards that we incorporate by reference in Sec. 86.1:
(1) Except as specified in paragraph (h)(2) of this section, SAE
J1850 ``Class B Data Communication Network Interface,'' (July 1995)
shall be used as the on-board to off-board communications protocol. All
emission related messages sent to the scan tool over a J1850 data link
shall use the Cyclic Redundancy Check and the three byte header, and
shall not use inter-byte separation or checksums.
(2) ISO 9141-2 February 1994 ``Road vehicles--Diagnostic systems--
Part 2: CARB requirements for interchange of digital information,'' may
be used as an alternative to SAE J1850 as the on-board to off-board
communications protocol.
(3) Basic diagnostic data (as specified in Sec. Sec. 86.094-17(e)
and (f)) shall be provided in the format and units in SAE J1979 July
1996 E/E Diagnostic Test Modes.''
(4) Diagnostic trouble codes shall be consistent with SAE J2012
July 1996 ``Recommended Practices for Diagnostic Trouble Code
Definitions.''
(5) The connection interface between the OBD system and test
equipment and diagnostic tools shall meet the functional requirements
of SAE J1962 January 1995 ``Diagnostic Connector.''
* * * * *
0
23. Section 86.1806-04 is amended by revising paragraph (j) to read as
follows:
Sec. 86.1806-04 On-board diagnostics.
* * * * *
(j) California OBDII compliance option. For light-duty vehicles,
light-duty trucks, and heavy-duty vehicles weighing 14,000 pounds GVWR
or less, demonstration of compliance with California OBD II
requirements (Title 13 California Code of Regulations Sec. 1968.2 (13
CCR 1968.2)), as modified, approved and filed on April 21, 2003, shall
satisfy the requirements of this section, except that compliance with
13 CCR 1968.2(e)(4.2.2)(C), pertaining to 0.02 inch evaporative leak
detection, and 13 CCR 1968.2(d)(1.4), pertaining to tampering
protection, are not required to satisfy the requirements of this
section. Also, the deficiency provisions of 13 CCR 1968.2(i) do not
apply. The deficiency provisions of paragraph (i) of this section and
the evaporative leak detection requirement of paragraph (b)(4) of this
section apply to manufacturers selecting this paragraph for
demonstrating compliance. In addition, demonstration of compliance with
13 CCR 1968.2(e)(16.2.1)(C), to the extent it applies to the
verification of proper alignment between the camshaft and crankshaft,
applies only to vehicles equipped with variable valve timing.
* * * * *
0
24. Section 86.1806-05 is amended by revising paragraph (j) to read as
follows:
Sec. 86.1806-05 On-board diagnostics.
* * * * *
(j) California OBDII compliance option. For light-duty vehicles,
light-duty trucks, and heavy-duty vehicles weighing 14,000 pounds GVWR
or less, demonstration of compliance with California OBDII requirements
(Title 13 California Code of Regulations Sec. 1968.2 (13 CCR 1968.2)),
as modified, approved and filed on April 21, 2003, shall satisfy the
requirements of this section, except that compliance with 13 CCR
1968.2(e)(4.2.2)(C), pertaining to 0.02 inch evaporative leak
detection, and 13 CCR 1968.2(d)(1.4), pertaining to tampering
protection, are not required to satisfy the requirements of this
section. Also, the deficiency provisions of 13 CCR 1968.2(i) do not
apply. The deficiency provisions of paragraph (i) of this section and
the evaporative leak detection requirement of paragraph (b)(4) of this
section apply to manufacturers selecting this paragraph for
demonstrating compliance. In addition, demonstration of compliance with
13 CCR 1968.2(e)(16.2.1)(C), to the extent it applies to the
verification of proper alignment between the camshaft and crankshaft,
applies only to vehicles equipped with variable valve timing.
* * * * *
0
25. Section 86.1840-01 is amended by adding paragraphs (c) and (d) to
read as follows:
Sec. 86.1840-01 Special test procedures.
* * * * *
[[Page 51489]]
(c) Manufacturers of vehicles equipped with periodically
regenerating trap oxidizer systems must propose a procedure for testing
and certifying such vehicles including SFTP testing for the review and
approval of the Administrator. The manufacturer must submit its
proposal before it begins any service accumulation or emission testing.
The manufacturer must provide with its submittal, sufficient
documentation and data for the Administrator to fully evaluate the
operation of the trap oxidizer system and the proposed certification
and testing procedure.
(d) The provisions of paragraph (a) and (b) of this section also
apply to MDPVs.
0
26. Section 86.1844-01 is amended by adding paragraph (d)(17) to read
as follows:
Sec. 86.1844-01 Information requirements: Application for
certification and submittal of information upon request.
* * * * *
(d) * * *
(17) The name of an agent for service of process located in the
United States. Service on this agent constitutes service on you or any
of your officers or employees for any action by EPA or otherwise by the
United States related to the requirements of this part.
* * * * *
[FR Doc. E6-14429 Filed 8-29-06; 8:45 am]
BILLING CODE 6560-50-P