[Federal Register: August 30, 2006 (Volume 71, Number 168)]
[Proposed Rules]
[Page 51542-51545]
[DOCID:fr30au06-33]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 9 and 86

[EPA-HQ-OAR-2005-0474; FRL-8214-8]
RIN 2060-AN70

Amendments to Regulations for Heavy-Duty Diesel Engines

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Proposed Rulemaking.

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SUMMARY: In a rule published January 18, 2001, EPA promulgated several
new standards for heavy-duty highway diesel engines and vehicles
beginning in model year 2007. In this rulemaking we are proposing to
make some technical amendments to the regulations to correct
typographical errors, revise references, remove old provisions, and to
revise some provisions regarding deterioration factors to be identical
to those for nonroad diesel engines certified under the Tier 4 rule,
published June 29, 2004.

DATES: Written comments must be received by September 29, 2006. Request
for a public hearing must be received by September 14, 2006. If we
receive a request for a public hearing, we will publish information
related to the timing and location of the hearing and the timing of a
new deadline for public comments.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2005-0474, by one of the following methods:
     http://www.regulations.gov: Follow the on-line

instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: U.S. Environmental Protection Agency, EPA West
Building, 1200 Pennsylvania Ave., NW., Room: B108 Mail Code: 6102T,
Washington, DC 20460. Deliveries are only accepted during the Docket's
normal hours of operation from 8:30 a.m. to 4:30 p.m., Monday through
Friday, except on government holidays. If your Docket requires the
submission of multiple copies, please insert the following here:
     Please include a total of copies.
     If the NPRM involves an ICR that will be submitted to OMB
for review and approval under 5 CFR 1320.11, then you must also include
the following language pursuant to 1320.11(a): ``In addition, please
mail a copy of your comments on the information collection provisions
to the Office of Information and Regulatory Affairs, Office of
Management and Budget (OMB), Attn: Desk Officer for EPA, 725 17th St.
NW., Washington, DC 20503.''
     Hand Delivery: EPA Docket Center (Air Docket),
U.S. Environmental Protection Agency, EPA West Building, 1301
Constitution Avenue, NW., Room: B108 Mail Code: 6102T, Washington, DC.
Such deliveries are only accepted during the Docket's normal hours of
operation from 8:30 a.m. to 4:30 p.m., Monday through Friday, except on
government holidays, and special arrangements should be made for
deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2005-0474. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information

provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site

is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov your e-mail address will be

automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm
.

    Docket: All documents in the docket are listed in the http://www.regulations.gov
 index. Although listed in the index, some

information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the EPA Docket Center

(EPA/DC), 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<PHONE_NUMBER> 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<EMAIL_ADDRESS>voice-mail (734)
214-4387.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Background

    In the ``Rules and Regulations'' section of this Federal Register,
we are making these revisions as a direct final rule without prior
proposal because we view these revisions as noncontroversial and
anticipate no adverse comment.
    We have explained our reasons for these revisions in the preamble
to the direct final rule. If we receive no adverse comment, we will not
take further action on this proposed rule. If we receive adverse
comment on the rule, or on one or more distinct actions in the rule, we
will withdraw the direct final rule, or the portions of the rule
receiving adverse comment. We will address all public comments in a
subsequent final rule based on this proposed rule. We will not
institute a second comment period on this action.

Any parties interested in commenting must do so at this time.

B. Regulated Entities

    This action will affect companies that manufacture and certify
heavy-duty highway diesel engines in the United States.

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           Category             NAICS code \a\              Examples of potentially affected entities
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Industry.....................  336112..........  Engine and Truck Manufacturers.
Industry.....................  33612...........  Heavy-duty Engine and Truck Manufacturers.
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\a\ North American Industry Classification System (NAICS).

    To determine whether particular activities may be affected by this
action, you should carefully examine the regulations. You may direct
questions regarding the applicability of this action as noted in FOR
FURTHER INFORMATION CONTACT.

C. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
http://www.regulations.gov or e-mail. Clearly mark the part or all of

the information that you claim to be CBI. For CBI information in a disk
or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM
as CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for Preparing Your Comments. When submitting comments,
remember to:
     Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
     Follow directions--The agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
     Explain why you agree or disagree; suggest alternatives
and substitute language for your requested changes.
     Describe any assumptions and provide any technical
information and/or data that you used.
     If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
     Provide specific examples to illustrate your concerns, and
suggest alternatives.
     Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
     Make sure to submit your comments by the comment period
deadline identified.

C. How Can I Get Copies of This Document and Send Comments?

    See the direct final rule EPA has published in the ``Rules and
Regulations'' section of today's Federal Register for information about
accessing these documents. The direct final rule also includes detailed
instructions for sending comments to EPA.

II. Summary of Rule

    This proposed rule would make slight revisions to the regulations
to implement the following minor amendments:
     Removing several sections that describe regulatory
requirements for model years before 1996, and before 2001 for Selective
Enforcement Auditing. Discontinuing publication of these sections does
not affect the manufacturers' responsibility to continue meeting
standards for any vehicles or engines that may still be operating
within the regulatory useful life.
     Referring provisions for certification fees in part 86
subpart J to part 85 subpart Y, since they have been completely
replaced in part 85 starting with the 2004 model year.
     Requiring engine manufacturers to name an agent for
service in the United States in Sec.  86.007-21, Sec.  86.416-80, Sec.
86.437-78, and Sec.  86.1844-01.
     Revising deterioration factor provisions in Sec.  86.004-
28(c)(4)(iii)(B).
     Correcting a typographical error in the equation in Sec.
86.007-11(a)(2)(v).
     Adding paragraph (j) to Sec.  86.007-35 to ensure that the
recently added provision that allows labeling flexibility to heavy-duty
engines extends to 2007 and later model years.
     Revising Sec.  86.1213-94 to reference the fuel
specifications in part 86, subpart N.
     Republishing Sec.  86.1360(c), which was removed in the
migration of test procedures to 40 CFR part 1065, because there is a
reference to it in Sec.  86.1370-2007 and in Sec.  86.1380-2004.
     Citing the incorporation by reference of several technical
standards related to on-board diagnostics in Sec.  86.1806-01.
     Correcting reference to LDVs, LDTs and heavy-duty vehicles
in CFR Sec.  86.1806-04(j) and Sec.  86.1806-05(j).
     Correcting a mistake made in the 2004 Heavy-Duty rule that
accidentally omitted paragraphs (c) and (d) from Sec.  86.1840-01.
    EPA does not expect that the technical amendments will have any
adverse cost impact to the manufacturers. There are no testing costs
associated with the technical amendments proposed. There is no
environmental impact associated with this regulatory action because
this proposed rule does not propose to change the heavy-duty highway
diesel engine emission standards that manufactures have to meet; it
simply make some technical amendments to the rule.
    For additional discussion of the proposed rule changes, see the
direct final rule EPA has published in the ``Rules and Regulations''
section of today's Federal Register. This proposal incorporates by
reference all the reasoning, explanation, and regulatory text from the
direct final rule.

III. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    This action is not a ``significant regulatory action'' under the
terms of Executive Order (EO) 12866 (58 FR 51735, October 4, 1993) and
is therefore not subject to review under the EO. This proposed rule is
not a significant regulatory action as it merely makes a slight
revision to the regulations to correct typographical errors, revise
references, restore sections, conciliate provisions with our nonroad
engine regulations and remove old provisions for highway heavy-duty
diesel engines. There are no new costs associated with this rule. A
Final Regulatory Support Document was prepared in connection with the
original regulations for heavy-duty diesel engines and vehicles
beginning in model year 2007 (HD 2007 rule), which was signed December
21, 2000 and published January 18, 2001

(66 FR 5002) and we have no reason to believe that our analysis in the
original rulemaking is inadequate. The relevant analysis is available
in the docket for the December 21, 2000 rulemaking (66 FR 5002) and at
the following Internet address: http://www.[fxsp0]epa.[fxsp0]gov/otaq/

diesel.[fxsp0]htm. The original action (66 FR 5002) was submitted to
the Office of Management and Budget for review under Executive Order
12866.

B. Paperwork Reduction Act

    This proposed rule does not include any new collection
requirements, as it merely makes a slight revision to the regulations
to correct typographical errors, revise references, restore sections,
conciliate provisions with our nonroad engine regulations and remove
old provisions for highway heavy-duty diesel engines. There are no new
paperwork requirements associated with this rule. The information
collection requirements (ICR) for the original heavy-duty diesel
engines and vehicles rulemaking were approved by the Office of
Management and Budget (OMB) under the Paperwork Reduction Act, 44
U.S.C. 3501 et seq. and assigned OMB control number 2060-0104, EPA ICR
number 0783.47. A copy of the OMB approved Information Collection
Request (ICR) may be obtained from Susan Auby, Collection Strategies
Division; U.S. Environmental Protection Agency (2822T); 1200
Pennsylvania Ave., NW., Washington, DC 20460 or by calling (202) 566-
1672.
    Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
    An agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedure Act or any other statute unless the agency certifies that the
rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small organizations, and small governmental jurisdictions.
    For purposes of assessing the impacts of this proposed rule on
small entities, a small entity is defined as: (1) A small business that
meet the definition for business based on SBA size standards at 13 CFR
121.201; (2) a small governmental jurisdiction that is a government of
a city, county, town, school district or special district with a
population of less than 50,000; and (3) a small organization that is
any not-for-profit enterprise which is independently owned and operated
and is not dominant in its field.
    After considering the economic impacts of today's proposed rule on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. In
determining whether a rule has a significant economic impact on a
substantial number of small entities, the impact of concern is any
significant adverse economic impact on small entities, since the
primary purpose of the regulatory flexibility analyses is to identify
and address regulatory alternatives ``which minimize any significant
economic impact of the rule on small entities.'' 5 U.S.C. 603 and 604.
Thus, an agency may certify that a rule will not have a significant
economic impact on a substantial number of small entities if the rule
relieves regulatory burden, or otherwise has a positive economic effect
on all of the small entities subject to the rule.
    This proposed rule merely makes a slight revision to the
regulations to correct typographical errors, revise references, restore
sections, conciliate provisions with our nonroad engine regulations and
remove old provisions for highway heavy-duty diesel engines. We have
therefore concluded that today's proposed rule will relieve regulatory
burden for all affected small entities. We continue to be interested in
the potential impacts of the proposed rule on small entities and
welcome comments on issues related to such impacts.

D. Unfunded Mandates Reform Act

    This proposed rule contains no Federal mandates for state, local,
or tribal governments as defined by the provisions of Title II of the
UMRA. The proposed rule imposes no enforceable duties on any of these
governmental entities. Nothing in the proposed rule would significantly
or uniquely affect small governments. EPA has determined that this rule
contains no regulatory requirements that might significantly or
uniquely affect small governments.
    This proposed rule merely makes a revision to the regulations to
provide an additional option for selecting the deterioration factor for
highway heavy duty diesel engines. The requirements of UMRA therefore
do not apply to this action. See the direct final rule EPA has
published in the ``Rules and Regulations'' section of today's Federal
Register for a more extensive discussion of UMRA policy.

E. Executive Order 13132: Federalism

    This proposed rule does not have federalism implications. It will
not have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132. This proposed rule merely makes
a revision to the regulations to correct typographical errors, revise
references, restore sections, conciliate provisions with our nonroad
engine regulations and remove old provisions for highway heavy-duty
diesel engines. See the direct final rule EPA has published in the
``Rules and Regulations'' section of today's Federal Register for a
more extensive discussion of Executive Order 13132. In the spirit of
Executive Order 13132, and consistent with EPA policy to promote
communications between EPA and State and local governments, EPA
specifically solicits comment on this proposed rule from State and
local officials.

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

    This proposed rule does not have tribal implications. It will not
have substantial direct effects on tribal governments, on the
relationship between the Federal government and Indian tribes, or on
the distribution of power and responsibilities between the Federal
government and Indian tribes, as specified in Executive Order 13175.
This proposed rule does not uniquely affect the communities of Indian
Tribal Governments. Further, no circumstances

specific to such communities exist that would cause an impact on these
communities beyond those discussed in the other sections of this rule.
This proposed rule merely makes a revision to the regulations to
correct typographical errors, revise references, restore sections,
conciliate provisions with our nonroad engine regulations and remove
old provisions for highway heavy-duty diesel engines. Thus, Executive
Order 13175 does not apply to this rule. See the direct final rule EPA
has published in the ``Rules and Regulations'' section of today's
Federal Register for a more extensive discussion of Executive Order
13132.

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

    This proposed rule is not subject to the Executive Order because it
is not economically significant, and does not involve decisions on
environmental health or safety risks that may disproportionately affect
children. See the direct final rule EPA has published in the ``Rules
and Regulations'' section of today's Federal Register for a more
extensive discussion of Executive Order 13045.

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

    This rule is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355 (May 22, 2001)) because it is not a
significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    This proposed rule does not involve technical standards. It merely
makes a revision to the regulations to correct typographical errors,
revise references, restore sections, conciliate provisions with our
nonroad engine regulations and remove old provisions for highway heavy-
duty diesel engines. Thus, we have determined that the requirements of
the NTTAA do not apply. See the direct final rule EPA has published in
the ``Rules and Regulations'' section of today's Federal Register for a
more extensive discussion of NTTAA policy.

J. Statutory Authority

    The statutory authority for this action comes from section 202 of
the Clean Air Act as amended (42 U.S.C. 7521). This action is a notice
of proposed rulemaking subject to the provisions of Clean Air Act
section 307(d). See 42 U.S.C. 7607(d).

List of Subjects

40 CFR Part 9

    Reporting and recordkeeping requirements.

40 CFR Part 86

    Environmental protection, Administrative practice and procedure,
Air pollution control, Motor vehicle pollution, Reporting and
recordkeeping requirements.

    Dated: August 24, 2006.
Stephen L. Johnson,
Administrator.
 [FR Doc. E6-14428 Filed 8-29-06; 8:45 am]

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