8826 Federal Register / Vol. 80, No. 33 / Thursday, February 19, 2015 / Proposed Rules 

Reform, to minimize litigation, 

eliminate ambiguity, and reduce 

burden. 

10. Protection of Children From 

Environmental Health Risks 

We have analyzed this proposed rule 

under Executive Order 13045, 

Protection of Children from 

Environmental Health Risks and Safety 

Risks. This rule is not an economically 

significant rule and would not create an 

environmental risk to health or risk to 

safety that might disproportionately 

affect children. 

11. Indian Tribal Governments 

This proposed rule does not have 

tribal implications under Executive 

Order 13175, Consultation and 

Coordination with Indian Tribal 

Governments, because it would 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. 

12. Energy Effects 

This proposed rule is not a 

‘‘significant energy action’’ under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. 

13. Technical Standards 

This proposed rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

14. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves a 

special local regulation issued in 

conjunction with a regatta or marine 

parade. This rule is categorically 

excluded from further review under 

paragraph 34(h) of Figure 2–1 of the 

Commandant Instruction. We seek any 

comments or information that may lead 

to the discovery of a significant 

environmental impact from this rule. 

List of Subjects in 33 CFR Part 100 

Marine Safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 100 as follows: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 33 U.S.C. 1233 

■ 2. Add a temporary § 100.35T07–0018 

to read as follows: 

§ 100.35T07–0018 Special Local 

Regulation; Charleston Race Week, 

Charleston Harbor, Charleston, SC. 

(a) Regulated Area. The rule 

establishes special local regulations on 

certain waters of Charleston Harbor in 

Charleston, South Carolina. The special 

local regulations will be enforced daily 

from 8:30 a.m. until 5:00 p.m. on April 

17, 2015 through April 19, 2015. The 

special local regulations consist of the 

following three race areas. 

(1) Race Area #1. All waters 

encompassed within an 800 yard radius 

of position 32°46′39′′ N, 79°55′10′′ W. 

(2) Race Area #2. All waters 

encompassed within a 900 yard radius 

of position 32°45′48′′ N, 79°54′46′′ W. 

(3) Race Area #3. All waters 

encompassed within a 900 yard radius 

of position 32°45′44′′ N, 79°53′32′′ W. 

(b) Definition. The term ‘‘designated 

representative’’ means Coast Guard 

Patrol Commanders, including Coast 

Guard coxswains, petty officers, and 

other officers operating Coast Guard 

vessels, and Federal, state, and local 

officers designated by or assisting the 

Captain of the Port Charleston in the 

enforcement of the regulated areas. 

(c) Regulations. (1) All persons and 

vessels, except those participating in 

Charleston Race Week or serving as 

safety vessels are prohibited from 

entering, transiting through, anchoring 

in, or remaining within the regulated 

area. Persons and vessels desiring to 

enter, transit through, anchor in, or 

remain within the regulated area may 

contact the Captain of the Port 

Charleston by telephone at (843) 740– 

7050, or a designated representative via 

VHF radio on channel 16, to request 

authorization. If authorization to enter, 

transit through, anchor in, or remain 

within the regulated area is granted by 

the Captain of the Port Charleston or a 

designated representative, all persons 

and vessels receiving such authorization 

must comply with the instructions of 

the Captain of the Port Charleston or a 

designated representative. 

(2) The Coast Guard will provide 

notice of the regulated area by Marine 

Safety Information Bulletins, Local 

Notice to Mariners, Broadcast Notice to 

Mariners, and on-scene designated 

representatives. 

(d) Effective Date. This rule is 

effective and will be enforced from 8:30 

a.m. April 17, 2015 through 5:00 p.m. 

April 19, 2015. 

Dated: January 28, 2015. 

B.D. Falk, 

Commander, U.S. Coast Guard. Acting 

Captain of the Port Charleston. 

[FR Doc. 2015–03075 Filed 2–18–15; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 59, 80, 85, 86, 600, 1037, 

1043, 1051, 1054, 1060, 1065, and 1066 

[EPA–HQ–OAR–2011–0135; FRL 9922–32– 

OAR] 

RIN 2060–AS36 

Amendments Related to: Tier 3 Motor 

Vehicle Emission and Fuel Standards, 

Nonroad Engine and Equipment 

Programs, and MARPOL Annex VI 

Implementation 

AGENCY: Environmental Protection 

Agency. 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing this action 

on several amendments involving 

technical clarifications for different 

mobile source regulations. First, we are 

making a variety of corrections to the 

Tier 3 motor vehicle emission and fuel 

standards. These changes generally 

correct or clarify various provisions 

from the Tier 3 rule without expanding 

the Tier 3 program or otherwise making 

substantive changes. Second, we are 

revising the test procedures and 

compliance provisions for nonroad 

spark-ignition engines at or below 19 

kW (and for the corresponding nonroad 

equipment) to conform to current 

practices. The changes to evaporative 

emission test procedures also apply to 

some degree to other types of nonroad 

equipment powered by volatile liquid 

fuels. Third, we are addressing an 

ambiguity regarding permissible design 

approaches for portable fuel containers 

meeting evaporative emission standards. 

Fourth, we are revising the regulations 

to more carefully align with current 

requirements that apply to marine 

vessels with diesel engines as specified 

under MARPOL Annex VI. Fifth, we are 

correcting typographical errors in 


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Federal Register / Vol. 80, No. 33 / Thursday, February 19, 2015 / Proposed Rules 8827 

regulatory changes finalized in the 

Voluntary Quality Assurance Program 

rulemaking. 

In the ‘‘Rules and Regulations’’ 

section of this Federal Register, we are 

taking direct final action without a prior 

proposed rule. If we receive no adverse 

comment, we will not take further 

action on this proposed rule. 

DATES: Comments: Written comments 

must be received by April 6, 2015. 

Public Hearing: If anyone contacts 

EPA requesting to speak at a public 

hearing by February 24, 2015, a public 

hearing will be held in Ann Arbor, 

Michigan on March 6, 2015. Inquire 

about arrangements for a public hearing 

as described in ‘‘FOR FURTHER

INFORMATION CONTACT’’. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2011–0135, by one of the 

following methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• Email: A-and-RDocket@epamail.epa.gov. 

• Fax: (202) 566–9744 

• Mail: Air and Radiation Docket and 

Information Center, Environmental 

Protection Agency, Mailcode: 28221T, 

1200 Pennsylvania Ave. NW., 

Washington, DC 20460. 

• Hand Delivery: EPA Docket Center, 

EPA WJC West Building, Room 3334, 

1301 Constitution Ave. NW., 

Washington, DC 20460. Such deliveries 

are only accepted during the Docket’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OAR–2011– 

0135. 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 

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 email. 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 email 

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 http:// 

www.epa.gov/epahome/dockets.htm. 

For additional instructions on 

submitting comments, see 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 Air and Radiation Docket and 

Information Center, EPA/DC, EPA WJC 

West, Room 3334, 1301 Constitution 

Ave. NW., Washington, DC. The Public 

Reading Room is open from 8:30 a.m. to 

4:30 p.m., Monday through Friday, 

excluding legal holidays. The telephone 

number for the Public Reading Room is 

(202) 566–1744, and the telephone 

number for the Air Docket is (202) 566– 

1742. 

FOR FURTHER INFORMATION CONTACT: 

Alan Stout, Office of Transportation and 

Air Quality, Assessment and Standards 

Division (ASD), Environmental 

Protection Agency, 2000 Traverwood 

Drive, Ann Arbor, MI 48105; Telephone 

number: (734) 214–4805; 

stout.alan@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Why is EPA issuing this proposed rule? 

This document proposes to take 

action on: (1) General corrections and 

clarifications to various provisions from 

the Tier 3 motor vehicle emission and 

fuel standards rule, (2) revisions to the 

test procedures and compliance 

provisions for nonroad spark-ignition 

engines and equipment at or below 19 

kW, (3) addressing an ambiguity 

regarding permissible design 

approaches for portable fuel containers 

meeting evaporative emission standards, 

and (4) revisions to the regulations to 

more carefully align with MARPOL 

Annex VI requirements. 

We have published a direct final rule 

in the ‘‘Rules and Regulations’’ section 

of this Federal Register because we 

view this as a noncontroversial action 

and anticipate no adverse comment. We 

have explained our reasons for this 

action in the preamble to the direct final 

rule; that document also includes draft 

regulations detailing all the 

amendments under consideration. The 

regulatory text from the direct final rule 

applies equally to this proposed rule 

and is not reproduced as part of this 

document. 

If we receive no adverse comment, we 

will not take further action on this 

proposed rule. If we receive adverse 

comment, we will publish a timely 

withdrawal in the Federal Register 

informing the public that this rule, or 

the relevant provisions of this rule, will 

not take effect. We would address all 

public comments in any subsequent 

final rule based on this proposed rule. 

We do not intend to institute a second 

comment period on this action. Any 

parties interested in commenting must 

do so at this time. For further 

information, please see the information 

provided in the ADDRESSES section of 

this document. 

Does this action apply to me? 

Entities potentially affected by this 

proposal include gasoline refiners and 

importers, ethanol producers, ethanol 

denaturant producers, butane and 

pentane producers, gasoline additive 

manufacturers, transmix processors, 

terminals and fuel distributors, lightduty vehicle manufacturers, 

manufacturers of nonroad engines and 

equipment, manufacturers of marine 

compression-ignition engines, and 

owners and operators of ocean-going 

vessels and other commercial ships, and 

manufacturers of portable fuel 

containers. 

Potentially regulated categories 

include: 

Category NAICSa Code Examples of potentially affected entities 

Industry ................................ 324110 ...................................................... Petroleum refineries (including importers) 

Industry ................................ 325110 ...................................................... Butane and pentane manufacturers 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
8828 Federal Register / Vol. 80, No. 33 / Thursday, February 19, 2015 / Proposed Rules 

Category NAICSa Code Examples of potentially affected entities 

Industry ................................ 325193 ...................................................... Ethyl alcohol manufacturing

Industry ................................ 324110, 211112 ........................................ Ethanol denaturant manufacturers 

Industry ................................ 211112 ...................................................... Natural gas liquids extraction and fractionation 

Industry ................................ 325199 ...................................................... Other basic organic chemical manufacturing 

Industry ................................ 486910 ...................................................... Natural gas liquids pipelines, refined petroleum products pipelines 

Industry ................................ 424690 ...................................................... Chemical and allied products merchant wholesalers 

Industry ................................ 325199 ...................................................... Manufacturers of gasoline additives 

Industry ................................ 424710 ...................................................... Petroleum bulk stations and terminals 

Industry ................................ 493190 ...................................................... Other warehousing and storage—bulk petroleum storage 

Industry ................................ 336111, 336112 ........................................ Light-duty vehicle and light-duty truck manufacturers 

Industry ................................ 335312, 336312, 336322, 336399, 

811198.

Alternative fuel converters 

Industry ................................ 333618, 336120, 336211, 336312 ........... On-highway heavy-duty engine & vehicle (>8,500 lbs GVWR) manufacturers 

Industry ................................ 336611 ...................................................... Manufacturers of marine vessels 

Industry ................................ 336612 ...................................................... Manufacturers of marine vessels 

Industry ................................ 811310 ...................................................... Engine repair and maintenance 

Industry ................................ 483 ............................................................ Water transportation, freight and passenger 

Industry ................................ 424710, 424720 ........................................ Petroleum Bulk Stations and Terminals; Petroleum and Petroleum 

Products Wholesalers 

Industry ................................ 483113 ...................................................... Coastal and Great Lakes Freight Transportation 

Industry ................................ 483114 ...................................................... Coastal and Great Lakes Passenger Transportation 

Industry ................................ 333618 ...................................................... Manufacturers of new engines 

Industry ................................ 333112 ...................................................... Manufacturers of lawn and garden tractors (home) 

Industry ................................ 811112, 811198 ........................................ Commercial importers of vehicles and vehicle components 

Industry ................................ 326199, 332431 ........................................ Portable fuel container manufacturers 

a North American Industry Classification System (NAICS). 

This table is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

regulated by this proposed action. This 

table lists the types of entities that EPA 

is now aware could potentially be 

regulated by this action. Other types of 

entities not listed in the table could also 

be regulated. To determine whether 

your activities are regulated by this 

action, you should carefully examine 

the applicability criteria in the 

referenced regulations. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed in the preceding FOR

FURTHER INFORMATION CONTACT section. 

What should I consider as I prepare my 

comments for EPA? 

A. Submitting CBI. Do not submit this 

information to EPA through 

www.regulations.gov or email. 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. 

B. 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. 

Table of Contents 

I. Introduction 

II. Tier 3 Motor Vehicle Emission Standards 

III. 40 CFR part 80 Fuel Standards 

IV. Small SI Test Fuel and Bonding 

Provisions 

V. Evaporative Test Procedures for Nonroad 

Equipment 

VI. Portable Fuel Containers 

VII. MARPOL Annex VI Implementation 

VIII. Statutory and Executive Order Reviews 

IX. Statutory Provisions and Legal Authority 

I. Introduction 

In this action we are proposing 

several amendments that would make 

technical clarifications to different 

mobile source regulations. This section 

provides an overview of the 

organization of this preamble. 

Section II describes proposed 

amendments to the Tier 3 motor vehicle 

emission standards. Section III describes 

proposed amendments to the 40 CFR 

part 80 fuel standards: including the 

Tier 3 gasoline sulfur standards, other 

part 80 fuels regulations that were 

amended in the Tier 3 final rule, and 

amendments made in the Quality 

Assurance Program rulemaking. Section 

IV describes the proposed changes to 

the testing and compliance provisions 

for nonroad spark-ignition engines, and 

Section V describes how we are 

proposing to change the evaporative test 

procedures for nonroad equipment. 

Section VI describes proposed 

amendments to the requirements that 

apply for portable fuel containers. 

Section VII summarizes the proposed 

amendments related to our 

implementation of requirements for 

marine diesel engines and vessels under 

MARPOL Annex VI. 

II. Tier 3 Motor Vehicle Emission 

Standards 

On April 28, 2014, we published a 

final rule adopting new emission 


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Federal Register / Vol. 80, No. 33 / Thursday, February 19, 2015 / Proposed Rules 8829 

standards and fuel requirements for 

motor vehicles and for motor vehicle 

fuels (79 FR 23414). The final rule 

included Tier 3 emission standards to 

reduce exhaust and evaporative 

emissions from light-duty vehicles, 

light-duty trucks, and heavy-duty 

vehicles up to 14,000 pounds GVWR. In 

addition, the final rule specified 

corresponding changes to in-use fuel 

requirements. 

The Tier 3 motor vehicle program 

included extensive changes to emission 

standards and the regulatory 

requirements related to certification. 

This included several provisions to 

harmonize requirements with a similar 

set of standards adopted by the 

California Air Resources Board 

(California ARB). It also included a wide 

range of alternative measures intended 

to facilitate each manufacturer’s efforts 

to make an orderly transition to meeting 

the Tier 3 standards nationwide. The 

resulting Tier 3 regulations accordingly 

included several variations, alternatives, 

and ancillary provisions. We have 

learned since concluding the Tier 3 

rulemaking that there are several 

instances where the regulatory text 

implementing the Tier 3 program 

requires correction or clarification to 

achieve the intended result. None of the 

proposed amendments are intended to 

expand the Tier 3 program or otherwise 

make substantive changes. We are 

therefore proposing to make the 

following amendments to the Tier 3 

vehicle program regulations: 

Regulatory citation Description 

§ 85.2108 .............................. Remove section to reflect a recent change to Clean Air Act section 207. 

§ 86.101, § 1066.301, and 

§ 1066.305.

Adjust the procedures for determining road-load parameters to more carefully align with current practice, including 

the option for manufacturers to use alternate methodologies that are consistent with the reference procedure, 

subject to good engineering judgment and EPA confirmatory testing. We are also restoring provisions describing how to develop road-load parameters for cold testing; the provisions from § 86.229 were inadvertently replaced with a default instruction to use the same values for both FTP testing and cold testing. We are also 

changing terminology from ‘‘coastdown’’ to ‘‘road-load determination’’ for consistency. 

§§ 86.095–35 and 1037.135 Revise the labeling requirement for incomplete heavy-duty vehicles to require designation of maximum fuel tank 

capacity only in cases where the certifying manufacturer relies on a downstream manufacturer to design and 

install the vehicle’s fuel tanks. If the certifying manufacturer designs or installs the fuel tank, there is no need 

for the emission control information label to identify the appropriate fuel tank capacity. 

§§ 86.101 and 86.1844–01 .. Clarify that reporting drive-cycle metrics to confirm driver accuracy continue to be optional until vehicles are subject to Tier 3 emission standards, and revise terminology for consistency with 40 CFR 1066.425. 

§ 86.101 ................................ Clarify that manufacturers may continue to certify in 2022 and later model years based on carryover of emission 

data generated using the procedures from 40 CFR part 86, subpart B, even though we require new testing in 

that time frame to use the procedures in 40 CFR part 1066. 

§ 86.113 ................................ Revise the format of the volatility specification to rely primarily on psi units and secondarily on kPa units. The kPa 

figures for non-evaporative testing also need to be corrected to align with the specified psi units. These 

changes align with the test fuel specifications that were in place before the Tier 3 rule. We are also revising the 

table format for octane specifications to clarify that the both ASTM D2699 and ASTM D2700 apply for determining octane values and octane sensitivity values. 

§ 86.201 ................................ Clarify how the migration to testing under 40 CFR part 1066 works for cold temperature testing. This is analogous 

to the migration provisions for general testing in § 86.101. 

§ 86.213 ................................ Revise the specified tolerance for olefin concentration in the test fuel from ±0.5 percent to ±5.0 percent. This reverses an inadvertent change made in the Tier 3 final rule. We are also revising the table format for octane 

specifications to clarify that both ASTM D2699 and ASTM D2700 apply for determining octane values and octane sensitivity values. 

§ 86.513 ................................ Correct a typographical error for the 90% point in the distillation curve for gasoline test fuel. This was erroneously 

published as part of the Tier 3 rule with an extra ‘‘1’’ before the specified temperature of 148.9 °C. This change 

restores the temperature specification to what applied before we adopted the Tier 3 rule. 

§ 86.513–2004 ...................... Remove obsolete section. Fuel specifications for motorcycles are now addressed in § 86.513 (with no model year 

designation), so the 2004 section is removed to avoid confusion. 

§ 86.1801–12 ........................ Clarify how the requirements of subpart S relate to the engine and vehicle provisions in 40 CFR part 1036 and 

part 1037. 

§ 86.1803–01 ........................ Revise the definition of ‘‘averaging set’’ to apply to all vehicles, not only heavy-duty vehicles. 

§§ 86.1805–17 and 86.1811– 

17.

Address provisions for LDV above 6,000 pounds GVWR. A new paragraph describes how these vehicles are 

subject to the same transitional provisions that apply for LDV at or below 6,000 pounds GVWR. We are also 

clarifying useful life provisions for LDV above 6,000 pounds GVWR. We described the useful life provisions 

based on a simple cutpoint of 6,000 pounds GVWR, which doesn’t address a small number of LDV models that 

have higher GVWR values. Instead of changing the useful life values adopted for cold temperature emission 

standards, we are using the terms LDV and LLDT to characterize the vehicles that are subject to a useful life 

of 10 years or 120,000 miles. We are also clarifying that MDPVs are the only HDVs subject to standards under 

§ 86.1818. 

§ 86.1806–17 ........................ Correct the citation to California ARB’s OBD regulations to refer to the entire range of relevant OBD standards. 

§ 86.1810–01 ........................ Clarify that the provisions for determining NMOG from measured NMHC values also apply for Tier 2 vehicles, as 

specified in § 1066.635, except that manufacturers may continue to use a fixed adjustment factor of 1.04. 

§ 86.1810–17 ........................ Clarify that the provisions for testing flexible fuel vehicles on more than just gasoline or diesel fuel do not apply 

for greenhouse gas standards. 

§ 86.1811–17(b)(8) ............... Clarify how to calculate and use credits for manufacturers that certify some vehicles to a useful life of 120,000 

miles and other vehicles to a useful life of 150,000 miles. The main point of clarification is that vehicles certified 

to the shorter useful life on an interim basis may exchange emission credits with vehicles certified to either 

useful life, but the fleet-average standard for a given set of vehicles must correspond to the averaging set. We 

are also listing the emission standards that correspond to a 120,000 mile useful life rather than describing how 

to calculate those standards. 

§ 86.1811–17(b)(8) ............... Add a provision that Interim Tier 3 vehicles must continue to meet the 4000-mile SFTP standards for NMHC+NOx 

and CO from Tier 2. This requirement was included in the preamble text for the proposed rule and the final 

rule, but was inadvertently omitted from the regulatory text. 


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Regulatory citation Description 

§ 86.1811–17(b)(10) ............. Clarify provisions related to early credits: (1) Early credits may be used interchangeably (without adjustment) for 

vehicles certified to a useful life of either 120,000 miles or 150,000 miles. (2) Accumulated early credits should 

be used for demonstrating compliance with model year 2017 standards before doing the calculations to address proportionality relative to California emission credits. (3) Negative credits are subtracted from credit totals 

during the three-year period for calculating credit caps (rather than ignoring them). (4) The calculation for applying the cap/threshold relative to California credits must be corrected to use the proper baseline quantity. 

§ 86.1811–17(b)(11) ............. Clarify provisions related to early certification to Tier 3 standards: (1) Bin 70 and cleaner vehicles are considered 

Tier 3 vehicles on a voluntary basis and are therefore subject to the 150,000 mile useful life. (2) The transitional aspects of the Tier 3 program apply equally to vehicles certified early to the Tier 3 standards. 

§ 86.1811–17(g) ................... Revise the cold temperature testing specifications to clarify that CO and NMHC standards apply equally for certification and in-use testing, for low and high altitude, and for testing gasoline-only configurations of flexible-fuel 

vehicles. 

§ 86.1813–17 ........................ Clarify that no separate fleet-average calculation is required for demonstrating compliance with high-altitude evaporative emission standards. These standards are determined as bin values relative to the standard that applies 

for testing at low-altitude conditions. 

§ 86.1829–15 ........................ Adjust the refueling test waiver to state that it applies only for incomplete heavy-duty vehicles above 10,000 

pounds GVWR, and for complete heavy-duty vehicles above 10,000 pounds GVWR with fuel tanks greater 

than 35 gallons, consistent with the preamble discussion in the final rule. These vehicles are the only ones that 

are newly subject to refueling emission standards. All smaller vehicles have already been subject to testing and 

certification requirements. 

§ 86.1829–15 ........................ Add a paragraph to preserve the provisions related to measurement of N2O emissions as originally adopted at 

§ 86.1829–01(b)(2)(iii)(G). 

§ 86.1829–15 ........................ Revise terminology to refer to ‘‘durability groups’’ rather than ‘‘durability data groups’’ for PM testing. 

§ 86.1844–01 ........................ Specify that a manufacturer’s application for certification must include a description of leak families in addition to 

evaporative/refueling families. Since leak families are defined broadly, many manufacturers may have only a 

single leak family even if they have multiple evaporative/refueling families. 

§ 86.1845–01 ........................ Clarify that the PM measurement instructions are limited to vehicles subject to Tier 3 PM standards, as discussed 

in the final rule. 

§ 86.1846–01 ........................ Adjust the exclusion of high-mileage vehicles to the terminology changes to § 86.1845–05. This change aligns 

with the current practice of not including the results from testing the designated high-mileage vehicle at low altitude for making an IUVP determination for the test group. 

§ 86.1861–17 ........................ Clarify that the separate averaging set corresponding to 120,000 mile useful life applies only for NMOG+NOx 

emission standards. 

§§ 600.116–12 and 1066.501 Clarify that certain portions of SAE J1711 apply separately for charge-depleting and charge-sustaining operation 

for hybrid-electric vehicles. 

§ 600.117 .............................. Adjust the description to more clearly apply the interim allowance for using Tier 2 fuel to determine whether vehicles pass the ‘‘litmus test’’ for using derived 5-cycle testing for fuel economy, as described further below. 

§ 600.117 .............................. Revise the description for test fuels to clarify that cold testing may be done with the higher-volatility fuel specified 

in § 86.213, and that the requirement for using a common test fuel related to 5-cycle testing refers to the ethanol content of the fuel, not the whole range of test fuel specifications. 

§ 1037.103 ............................ Refer to § 86.1805 for useful life values as they apply for evaporative emission standards, rather than referring 

more broadly to useful life values in 40 CFR part 86 for ‘‘criteria pollutants’’. 

§ 1037.104 ............................ Refer to the useful life values specified in § 86.1805 for model year 2014 vehicles for the HD GHG standards. 

This sets the useful life values for the HD GHG standards to a fixed value, rather than specifying a cross reference to a section of the regulations that describes changing useful life values. 

§§ 1065.10 and 1066.10 ...... Allow for a one-year lead time for upgrading to test procedure changes in 40 CFR part 86 where those changes 

would otherwise be required immediately with the effective date of the final rule. This is consistent with existing 

provisions for changes to 40 CFR part 1065 and part 1066. Note that this does not delay implementation of 

procedures corresponding to new emission standards. 

§ 1065.610 ............................ Correct a sample calculation. 

§ 1065.710 ............................ Correct the units for specifying hydrocarbon composition. These units were inadvertently changed in the Tier 3 

rule from fractional to percent values. We are specifying these values in volume % to align with the associated 

ASTM procedure. 

§ 1065.710 ............................ Revise the format of the volatility specification to include reference values in psi units. 

§ 1066.125 ............................ Correct the description of calculating 1 Hz mean values. 

§ 1066.125 ............................ Add a parenthetical reference to torque in pound-foot units corresponding to the primary value in Newtons. 

§ 1066.420 ............................ Clarify that it is permissible to push the test vehicle onto the dynamometer to prepare for a hot-start or hot-stabilized test, as opposed to driving the vehicle onto the dynamometer. 

§ 1066.605 ............................ Revise the sequence of calculations to determine a NOx result. The proper sequence is to first correct for background concentration, then to correct for intake air humidity. 

§ 1066.615 ............................ Correct the equations to properly apply the NOx humidity correction factor to account for humidity in the background measurement. 

§ 1066.635 ............................ Clarify that the appropriate NMOG calculation for plug-in hybrid electric vehicles is based on operation over one 

full UDDS. 

§ 1066.701 ............................ Correct a temperature that was inadvertently identified as 20 °C instead of 20 °F. 

§ 1066.710 ............................ Clarify the instructions for heat settings during cold testing to more carefully differentiate between automatic systems that operate either in manual mode or in automatic mode. Automatic systems operating in manual mode 

should be set to a temperature of 72 °F ‘‘or higher’’ to align with current practice. 

§ 1066.801 ............................ Correct an error in the testing flowchart so that the flowchart matches the procedure described in the regulations. 

§ 1066.815 ............................ Reorganize the instructions for testing with and without bag 4 to improve the clarity of the test sequence. 

§ 1066.831 ............................ Revise the description for testing heavy-duty vehicles at adjusted loaded vehicle weight to exclude MDPVs, which 

are tested like light-duty trucks. 

§ 1066.835 ............................ Add a provision allowing for keeping the vehicle-cooling fan running while the vehicle is stopped if that is necessary for keeping ambient conditions within specified parameters. 


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Regulatory citation Description 

§ 1066.845 ............................ Adjust the description of air conditioning settings during the AC17 test to describe how to account for systems 

with separate rear controls, and for systems that change default settings at key-off. 

§ 1066.1005 .......................... Move the prefix ‘‘n’’ to be in the proper order. 

Various ................................. Change from ‘‘LA–92’’ to ‘‘Hot-LA–92’’ to allow us to specify that the referenced test procedure is only the first 

1435 seconds of what is known as the LA–92 driving schedule. The full cycle is 1735 seconds. This change is 

necessary to accomplish the intended alignment with the California ARB standards. 

We are also proposing various 

corrections for typographical errors and 

regulatory cross references. Note that 

one of these corrections is in the 

regulations for recreational vehicles at 

40 CFR 1051.501 to maintain a proper 

cross reference to the driving schedules 

in Appendix I of 40 CFR part 86. We are 

also correcting a typographical error 

from § 86.529–98 that was published 

several years ago. The specified range of 

loaded vehicle masses corresponding to 

certain road-load force coefficients and 

inertia weights has an entry that should 

be listed as applying from 656 to 665 kg; 

the published entry mistakenly 

identifies the range as 565 to 665 kg. 

One additional issue relates to test 

fuel for fuel economy testing. In the Tier 

3 final rule, EPA changed the 

certification test fuel for the Tier 3 

exhaust emission standards from a 9 psi 

RVP fuel with no ethanol (E0) 

(commonly referred to as Tier 2 fuel) to 

a 9 psi RVP fuel with 10 percent ethanol 

(E10). As an interim provision, EPA 

permitted vehicles certifying at levels 

above Bin 70 to use E0 fuel for Tier 3 

certification through model year 2019. 

The rule also permits early certification 

to Tier 3 requirements using 7 psi RVP 

E10 test fuel, commonly referred to as 

LEV III fuel since the California LEV III 

program phase-in begins with model 

year 2015. The rule also provides 

manufacturers the option to use EPA 

9RVP E0 fuel or 9RVP E10 fuel for 

certification for cold temperature testing 

since California does not specify a test 

fuel for that testing. 

Under the fuel economy regulations, 

manufacturers use the results of their 

exhaust emission tests as the basis for 

calculating litmus test evaluations (see 

40 CFR 600.115–11). However, in the 

Tier 3 rule EPA did not change the fuel 

economy test fuel specifications from E0 

to E10 as was done for Tier 3 exhaust 

emissions. The preamble to the final 

rule recognized that the difference in 

the emission and fuel economy test 

fuels has the potential to require extra 

emission testing for the fuel economy 

evaluations. To minimize this burden, 

EPA included several provisions in the 

regulations to minimize this potential 

burden (see 40 CFR 600.117) and 

indicated a commitment to make any 

appropriate adjustments to the fuel 

economy regulations to accommodate 

the change to an E10 test fuel when the 

needed emission data become available. 

As is discussed in the final rule (79 

FR 23531–23533, April 28, 2014), 

central to the litmus test evaluation is 

the requirement that data be available 

for all five emission test cycles and that 

the data be generated using the same 

test fuel on each cycle. Some confusion 

has arisen as to what cold FTP test fuel 

should be used in the litmus evaluations 

for early Tier 3 certifications using LEV 

III test fuel and for Tier 3 certification 

above Bin 70 before model year 2020. 

This occurs because California ARB 

does not specify a cold FTP test fuel 

and, as a transitional measure, EPA 

permits certification to Tier 3 Bin 125 

and Bin 160 using Tier 2 fuel. This 

proposed amendment clarifies that the 

fuel economy test fuel requirements 

govern for the litmus test evaluations. 

As indicated in the preamble to the final 

rule at 79 FR 23533, manufacturers may 

use LEV III fuel (California Phase 3) in 

lieu of Tier 3 fuel, but any cold FTP 

testing must be done using the Tier 3 

cold FTP fuel. Thus, for purposes of the 

litmus test cold temperature testing, 

manufacturers must use the same test 

fuel (E10) as used for the other four 

cycles. For early Tier 3 certifications 

using LEV III test fuel, the cold FTP test 

data must be generated using Tier 3 cold 

FTP test fuel and in the case of the 

higher bins in the Tier 3 program as 

discussed above, the cold FTP must be 

based on the same fuel as used for the 

other four test cycles. The flexibility 

afforded for exhaust emission 

certification does not carry over to the 

litmus test evaluations. 

III. 40 CFR Part 80 Fuel Standards 

After promulgation of the Tier 3 final 

rulemaking (79 FR 23414, April 28, 

2014), we discovered some 

typographical errors and other areas in 

the part 80 regulations that we believe 

would benefit from some additional 

clarity. The following sections discuss 

proposed amendments to remedy these 

concerns. 

A. Performance-Based Measurement 

Systems (PBMS) 

Section Description of proposed change 

§ 80.8(e)(1)(iii) ...................... Amended to update IBR to most recent ASTM standard practice D5842–14 (Standard Practice for Sampling and 

Handling for Fuels for Volatility Measurement, approved January 15, 2014). 

§ 80.46(d) ............................. Amended to clarify that distillation precision criterion is based on the reproducibility of Table 10 Groups 2, 3 and 

4 (Automated Method) contained in ASTM D86–07—clarifying note added to state that precision estimates in 

ASTM D86–12 do not apply. 

§ 80.46(b)(1), (c)(2), (d), (e), 

(f)(1), and (g)(1).

Amended to clarify beginning January 1, 2016 a test method approved under § 80.47 ‘‘must’’ be used, rather than 

‘‘may’’ be used, by the regulated community for demonstrating compliance measurements to EPA fuels standards. 

§ 80.47(a)(7) ......................... Amended to correct typographical error (‘‘referee’’ to ‘‘reference’’). 

§ 80.47(b)(1), (c)(1), (d)(1), 

(e)(1), (f)(1), (g)(1), (h)(1), 

(i)(1), (j)(1).

Amended to correct typographical error (‘‘emissions’’ to ‘‘omissions’’); and to add the statement ‘‘tests may be arranged into no fewer than five batches of four or fewer tests each, with only one such batch allowed per day 

over the minimum of 20 days’’. 

§ 80.47(c)(1), (c)(2)(i), 

(c)(2)(ii).

Amended to correct the examples listed for precision and accuracy demonstration for sulfur in butane to be consistent with the sulfur in gasoline 10 ppm average. 

§ 80.47(h)(1) ......................... Amended to: correct typographical errors; clarify that distillation precision criterion is based on the reproducibility 

of Table 10 Groups 2, 3 and 4 (Automated Method) contained in ASTM D86–07 (clarifying note added stating 

that precision estimates in D86–12 do not apply); and revise IBR of D86 to the 2007 version. 

§ 80.47(i)(1) .......................... Revised benzene precision criteria to 0.15 times R, rather than 0.3 times R to be consistent with preamble discussion. 


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Section Description of proposed change 

§ 80.47(l) ............................... Amended to revise section heading and add paragraphs (l)(1)(ii) and (l)(2)(ii) to allow for Non-Voluntary Consensus Standard Based (non-VCSB) absolute fuel parameter of sulfur in gasoline and butane. Also clarifying 

that either a ‘‘test facility or VCSB’’ must meet the requirements of § 80.47(l). 

§ 80.47(m)(6) ........................ Amended to correct reference for the use of the term ‘‘cross-method reproducibility’’ in ASTM D6708 from ‘‘as required’’ to ‘‘as recommended’’ and replaced the term ‘‘cross-method reproducibility’’ with ‘‘between methods reproducibility’’ to be consistent with D6708–13. 

§ 80.47(n)(2)(i), (o)(2)(i), 

(p)(3)(i).

Amended to correct references to D6299–13 with regards to use of a quality control material (paragraph 3.2.3 

changed to 3.2.8), I Chart (section 7 changed to section 8) and MR charts (section A1.5.2 changed to A1.5.4). 

§ 80.47(n)(2)(ii), (o)(2)(ii), 

(p)(3)(ii).

Amended to correct references to D6299–13 with regards to use of an I Chart (changed section 7 to section 8.7). 

§ 80.47(n)(2)(iv), (o)(2)(iv), 

(p)(2)(iv); and (n)(1)(ii), 

(o)(1)(ii), (p)(1)(ii).

Amended to move the phrase ‘‘The expanded uncertainty of the accepted reference value of consensus named 

fuels shall have the following accuracy qualification criterion: Accuracy qualification criterion = square root 

[(0.75R)∧2+(0.75R)∧2/L], where L = the number of single results obtained from different labs used to calculate 

the consensus ARV.’’ from paragraphs (n)(2)(iv), (o)(2)(iv), (p)(2)(iv) to paragraphs (n)(1)(ii), (o)(1)(ii), (p)(1)(ii), 

respectively. 

§ 80.47(o)(1) ......................... Amended to clarify value of ARV when not provided in an Inter Laboratory Crosscheck Program, by adding the 

following: ‘‘Facilities using a VCSB alternative method defined test method must use the Accepted Reference 

Value of the check standard as determined in a VCSB Inter Laboratory Crosscheck Program (ILCP) or a commercially available ILCP following the guidelines of ASTM D6299. If the Accepted Reference Value is not provided in the ILCP, accuracy must be assessed based upon the respective EPA designated test method using 

appropriate production samples.’’ 

§ 80.47(o)(1) ......................... Amended to clarify that ILCPs are acceptable, by adding the following: ‘‘(Examples of ILCP: ASTM Reformulated 

Gasoline ILCP or ASTM motor gasoline ILCP)’’. 

§ 80.47(p)(1) ......................... Amended to clarify value of ARV when not provided in ILCP, by adding the following: ‘‘Facilities using a NonVCSB alternative method defined test method must use the Accepted Reference Value of the check standard 

as determined in either a VCSB Inter Laboratory Crosscheck Program (ILCP) or a commercially available ILCP 

following the guidelines of ASTM D6299. If the Accepted Reference Value is not provided in the ILCP, accuracy must be assessed based upon the respective EPA designated test method using appropriate production 

samples.’’ 

§ 80.47(p)(1) ......................... Amended to address concern that reproducibility is not established with Non-VCSB test methods, by adding the 

following: ‘‘The facility must construct ‘‘MR’’ and ‘‘I’’ charts with control lines as described in section 8.4 and appropriate Annex sections of this standard practice. In circumstances where the absolute difference between the 

mean of multiple back-to-back tests of the standard reference material and the accepted reference value of the 

standard reference material is greater than 0.75 times the published reproducibility of the fuel parameter’s respective designated test method must be investigated by the facility.’’ 

§ 80.47(r)(1)(i) ....................... Amended to revise IBR of ASTM D86 to the 2007 version. 

§ 80.330(b)(1)(i), (b)(1)(ii), 

(b)(2).

Amended to update IBR to most recent ASTM standard practice D5842–14 (Standard Practice for Sampling and 

Handling for Fuels for Volatility Measurement, approved January 15, 2014), and for consistency with IBR language throughout subpart O. 

§ 80.584(a)(1) through (a)(3) Amended to correct inconsistencies with PBMS in § 80.47 regarding requirements for PBMS for sulfur in diesel 

fuel and ECA Marine Fuel at § 80.584 with regards to frequency of testing for the precision demonstration and 

VCSB self-qualification starting January 1, 2016. 

§ 80.584(a)(1) through (a)(3) Amended to insert phrase ‘‘(tests may be arranged into no fewer than five batches of four or fewer tests each, 

with only one such batch allowed per day over the minimum of 20 days)’’ in applicable areas for diesel and 

ECA marine fuel to be consistent with frequency of testing for precision demonstration at § 80.47. 

§ 80.585(a) ........................... Amended to revise diesel and ECA marine fuel sulfur qualification regulations to be consistent with PBMS (i.e., 

starting January 1, 2016), VCSB test methods self-qualify and need not be reported to the Agency for approval. 

§ 80.585(a), (e)(1), (e)(4), (f) Amended to correct inconsistencies with PBMS in § 80.47 regarding requirements for PBMS for sulfur in diesel 

fuel and ECA marine fuel at § 80.584 with regards to frequency of testing for the precision demonstration and 

VCSB self-qualification starting January 1, 2016; and to add a new paragraph (f) for IBR. 

§ 80.585(e)(1), (e)(2), (e)(4), 

(f).

Amended to update IBR and reference for use on ASTM D6299–13 in applicable diesel and ECA marine fuel sulfur regulations to be consistent with reference of use of ASTM D6299–13 in PBMS regulations at § 80.47, and 

to make minor formatting changes for IBR consistency throughout part 80. 

B. Quality Assurance Program 

Amendments 

This action also proposes minor 

technical amendments to regulatory 

changes finalized in the Voluntary 

Quality Assurance Program Rulemaking 

(‘‘QAP Rule’’, 79 FR 42078, July 18, 

2014). We are proposing to revise 

§ 80.1471(d)(1) to reflect a change that 

industry widely requested and the 

public supported. In the final 

rulemaking we agreed to extend the 

notification period by an auditor for 

potentially invalid RINs from ‘‘within 

the next business day’’ to ‘‘within five 

business days.’’ We inadvertently 

neglected to change this reference in 

§ 80.1471(d)(1) to the new ‘‘within five 

business days’’ language. 

In the Notice of Proposed Rulemaking 

for the QAP Rule, we proposed a new 

section at § 80.1433 that would have 

changed the way parties that 

redesignated renewable fuels for nonqualifying uses would have to retire 

RINs, and we proposed new product 

transfer document (PTD) language at 

§ 80.1453(a)(12) to help convey the 

requirement to separate and/or retire 

RINs for parties that wished to 

redesignate renewable fuel for a nonqualifying use. After careful 

consideration of the public comments 

received, we chose not to finalize the 

proposed § 80.1433 requirements. This 

action proposes to remove the 

extraneous reference to § 80.1433 in 

§ 80.1453. 

Additionally, we are proposing to 

amend the PTD requirements at 

§ 80.1453(a) to make the scope of these 

requirements consistent with similar 

requirements in other fuels programs. 

When we altered the scope of the PTD 

requirements at § 80.1453 to include 

both neat and blended renewable fuels, 

we did not intend to expand the scope 

of these PTD requirements to convey the 


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information at § 80.1453 to the 

consumer of such fuels, in most cases. 

In the preamble to the final QAP Rule, 

we noted that these requirements were 

meant to apply to regulated parties (79 

FR 42105, July 18, 2014). 

Historically, EPA has required 

applicable information on PTDs 

accompanying fuels to be conveyed 

through to retail stations and wholesale 

purchaser-consumers. The EPA has, in 

most cases, included language that 

exempts parties that are transferring title 

or custody of fuel to the ultimate 

consumer (e.g., the PTD requirements 

for detergents at § 80.158 and for E15 at 

§ 80.1503) or dispensing the fuel from a 

retail station or wholesale purchaserconsumer’s tank to a motor vehicle or 

nonroad engine (e.g., the PTD 

requirements for diesel and gasoline 

sulfur at §§ 80.590 and 80.1651, 

respectively). Requiring PTD language 

to convey information all the way down 

to consumers fueling at a retail station 

or homes receiving heating oil has little 

benefit to the effectiveness of EPA’s 

fuels programs and could be quite costly 

for retail stations and home heating oil 

distributors. Therefore, we are 

proposing to add an exemption to the 

PTD requirements for renewable fuels 

dispensed into motor vehicles and 

nonroad vehicles, engines, and 

equipment (to include jet engines and 

home heating units) to clarify the scope 

of § 80.1453. 

Section Description 

80.1426(c)(7) ................................... Amended to correct typographical error (‘‘§ 80.1451(b)(1)(ii)(T)(3)’’ to ‘‘§ 80.1451(b)(1)(ii)(T)(2)’’). 

80.1453(a) introductory text ............ Amended for clarity in scope of requirements. 

80.1453(a)(12) introductory text ..... Amended to remove extraneous reference to 80.1433. 

80.1471(d) ....................................... Amended to add to ‘‘within five business days’’, consistent with the intent stated in the QAP rule preamble. 

C. Tier 3 Rulemaking Provisions Minor 

Technical Amendments 

As mentioned above, this rule 

proposes to correct minor typographical 

errors that were discovered following 

the promulgation of the Tier 3 final rule 

(both within 40 CFR part 80, subpart O, 

as well as additional 40 CFR part 80 

provisions that were finalized as part of 

our regulatory streamlining efforts in the 

Tier 3 rulemaking). The following table 

contains a list of these proposed 

amendments and a description of the 

proposed change: 

Section Description of proposed change 

§ 80.2(cccc) ..................................... Removed new definition of natural gas, as this definition already exists at § 80.2(tt). 

§ 80.75(a)(2)(xi)(G) .......................... Amended to correct reference from ‘‘§ 80.82(c) or (d)’’ to ‘‘§ 80.86(a)(3) or (a)(4)’’. 

§ 80.82(e)(1) .................................... Amended to clarify that the provisions of an EPA-approved State Implementation Plan (SIP) apply to butane blenders. 

§ 80.85(a) ........................................ Amended introductory text to correct typographical errors (‘‘refinery’’ to ‘‘refiner’’). 

§ 80.85(i) ......................................... Amended to correct typographical errors (‘‘they’’ to ‘‘it’’, ‘‘comply’’ to complies’’). 

§ 80.86(b)(2)(iv) and (b)(3)(iii) ......... Amended to correct typographical errors (‘‘complaint’’ to ‘‘compliant’’). 

§ 80.86(c) ........................................ Amended to clarify that the PTD for pentane used by pentane blenders must contain the pentane producer 

or importer company name and facility registration number issued by EPA and the name and address of 

the transferor and transferee consistent with other part 80 PTD requirements. 

§§ 80.315(b)(1)(iii), 80.1295(b)(1)(ii) The Tier 3 rulemaking changed the due date for annual reports and credits from the end of February to 

March 31 for all 40 CFR part 80 fuels programs; these paragraphs are being amended because the 

February date was inadvertently left in §§ 80.315(b)(1)(iii) and 80.1295(b)(1)(ii). 

§ 80.330(c)(1), (d)(2) ....................... Amended to correct year (‘‘December 31, 20’’ to ‘‘December 31, 2015’’). 

§ 80.597(d)(3) .................................. Amended to correct reference from paragraph (d) to paragraph (d)(3). 

§ 80.1270(b)(2) ................................ Amended to clarify that butane blenders using the provisions of § 80.82 and pentane blenders using the 

provisions of § 80.85 may not generate benzene credits. 

§ 80.1609(a) .................................... Amended to correct typographical error and to correct a regulatory cite. 

§ 80.1611(a)(1) ................................ Amended to improve the clarity in cases where producers of certified ethanol denaturants produce product 

to a lower sulfur maximum than the required 300 ppm maximum. 

§ 80.1611(c) introductory text, 

(c)(1), and (c)(2).

Amended for improved clarity and to correct typographical errors. 

§ 80.1611(d) .................................... Amended to correct typographical error (‘‘denaturant’’ instead of ‘‘oxygenate’’). 

§ 80.1613(a) .................................... Amended to correct typographical error (‘‘less than 1.0’’ replaces ‘‘1.0 or less’’). 

§ 80.1613(b)(3) ................................ Added to clarify that it is a violation to exceed an additive manufacturer’s recommended treatment level 

when doing so would contribute more than 3 ppm to the sulfur content of the resulting finished gasoline. 

§ 80.1615(d)(1), (d)(2) ..................... Revised for clarity by moving the phrase ‘‘From January 1, 2017 through December 31, 2019’’ to the beginning of each paragraph. 

§ 80.1616(a)(4) ................................ Amended to add a ‘‘Reserved’’ paragraph (a)(4) to fix numbering error. 

§ 80.1616(b)(2) ................................ Amended language to clarify that credits expire on December 31 and are reported the following March 31. 

§ 80.1620(d) .................................... Revised to correct year to 2012. 

§ 80.1620(e)(1), (e)(2), (f)(1) ........... Revised to correct dates to 2013. 

§ 80.1621(c), (d) .............................. Reserved paragraph (c); added paragraph (d), which was inadvertently deleted from the regulations, but is 

referred to in the preamble and in § 80.1622(e). 

§ 80.1640(a)(2) ................................ Amended to correct reference from paragraph (a)(5) to paragraph (a)(1). 

§ 80.1642(c)(3) ................................ Amended paragraph to correct typographical errors. 

§ 80.1650 ......................................... Amended to remove phrase ‘‘whichever is earlier’’ from paragraphs specifying the dates by which reports 

must be submitted, as this would contradict the ability of parties to register after the initial date that parties involved in a given activity must be registered. 

§ 80.1652(c) .................................... Amended to correct word error (‘‘producer’’ instead of ‘‘refiner’’). 

§ 80.1667(c)(1) ................................ Removed paragraph (c)(1) to match the intentions of § 80.1615(a) that refiners—including gasoline blenders (excluding those specified in § 80.1615(a)(3))—may generate Tier 3 credits beginning in 2014. 


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IV. Small SI Test Fuel and Bonding 

Provisions 

On June 17, 2013, EPA modified the 

test procedures for measuring exhaust 

emissions from land-based nonroad 

small spark-ignition engines (small SI 

engines) to allow for exhaust emission 

certification testing with a test fuel that 

has 10 percent ethanol as specified by 

California ARB (78 FR 36370). We 

adopted that provision on an interim 

basis, through model year 2019, with 

the expectation that we would further 

evaluate the appropriate test fuel for 

onroad and nonroad applications. The 

Tier 3 motor vehicle emission standards 

include a new certification test fuel 

specification that is much like 

California ARB’s Phase 3 test fuel in that 

it includes 10 percent ethanol (E10). 

Small SI manufacturers have 

requested that we address the test fuel 

questions in a way that does not leave 

them uncertain about certification test 

fuel options starting in model year 2020. 

While the effort to adopt the new EPA 

nonroad test fuel specification lies 

ahead, we agree with the manufacturers 

that the new ethanol-based test fuel 

associated with the Tier 3 motor vehicle 

emission standards allows us to take the 

step of removing the expiration of the 

provision allowing for the use of the 

similar California ARB Phase 3 test fuel 

for small SI engines. In the future, we 

expect to go through a rulemaking to 

incorporate EPA’s Tier 3 test fuel into 

the emission programs for small sparkignition engines, including an 

assessment of how the changing test fuel 

relates to the stringency of the emission 

standards. 

When we adopted Phase 3 exhaust 

emission standards for Small SI engines 

in 2008, we included a new set of 

requirements for manufacturers to post 

a bond as a means of ensuring 

compliance with regulatory 

requirements (73 FR 59034, October 8, 

2008). Manufacturers have been 

complying with the bond requirements 

since 2010. The bond provisions are 

generally working as expected, but we 

have found several items that we are 

proposing to adjust or clarify to help 

with ongoing implementation, as 

follows: 

• Clarify that bonds are intended to 

cover any improperly funded 

compliance obligations relative only to 

engines that must comply with 40 CFR 

part 1054. The bond provisions are not 

intended to extend to engines that a 

manufacturer certifies under other EPA 

programs. 

• Specify that small-volume engine 

manufacturers and small-volume 

equipment manufacturers (collectively 

small-volume manufacturers, as defined 

in 40 CFR 1054.801) are subject to an 

alternate minimum bond value of 

$25,000, rather than the $500,000 

minimum that applies for other 

manufacturers. This arrangement has 

been the working policy under the 

broader allowance specified in 

§ 1054.635(d). Codifying these terms 

allows us to streamline the process and 

remove uncertainty for small-volume 

manufacturers. 

• Adopt a cap on the bond value that 

corresponds to the applicable bondwaiver threshold. Since U.S.-based 

assets are roughly analogous to bond 

values as a measure of our ability to 

compel compliance (or remedy 

deficiencies) for the different kinds of 

companies, this approach provides a 

measure of parity or fairness between 

those that must post bond and those that 

qualify for a bond waiver based on their 

assets in the United States. This is 

consistent with the approach we took on 

an interim basis to specify a maximum 

bond value of $10 million. The new 

provision replaces the $10 million cap 

in § 1054.145(o). 

• Clarify how bond values may 

change within a given year, and in 

future years: (1) Bond values may be 

adjusted for a given year any time before 

the first importation or sale for that year; 

(2) once a bond value is fixed for a given 

year, that value may not be decreased 

during the year, even if sales volumes 

are less than anticipated; and (3) bond 

values may be reset with each new year, 

but these values must reflect actual sales 

volumes for the preceding three years. 

This arrangement allows a manufacturer 

to take a deliberate approach to resetting 

bond values if sales volumes change 

substantially over time. 

• Change the protocol for adjusting 

thresholds and bond values for 

inflation. Small, annual changes create 

confusion and an implementation 

burden, with very small incremental 

benefit. To streamline that process and 

still account for the cumulative effects 

of inflation, we are specifying that we 

will adjust the thresholds and bond 

values in 2020, and every ten years after 

that, using a less precise rounding 

protocol. These changes will not require 

rulemaking to take effect, but we will 

likely modify the regulation to reflect 

these periodic adjustments. 

V. Evaporative Test Procedures for 

Nonroad Equipment 

We specify evaporative emission 

standards, test procedures, and 

certification requirements in 40 CFR 

part 1060. This includes measurement 

procedures for fuel permeation through 

fuel lines and fuel tanks, and for diurnal 

emissions from fuel tanks. We are 

proposing the following changes to 

these regulations: 

• Clarify that boat builders and other 

equipment manufacturers that install 

uncertified components are required to 

certify those fuel-system components as 

if they were component manufacturers. 

The original regulatory language 

described a requirement for equipment 

manufacturers to certify as equipment 

manufacturers if they were installing 

uncertified components, but we have 

found that the certification process is 

most straightforward if we treat them as 

component manufacturers. 

• The test procedures originally 

allowed for manufacturers to use good 

engineering judgment to address 

technical concerns related to measuring 

emissions from narrow-diameter fuel 

lines. In 2013, SAE published a 

voluntary consensus standard (SAE 

J2996) specifying measurement 

procedures for these narrow-diameter 

fuel lines. We agree that the SAE 

standard reflects good engineering 

judgment in the effort to measure 

emissions and are therefore 

incorporating this standard by reference 

in § 1060.515. This alternative SAE 

standard was designed for Small SI 

products, but it may be used in other 

applications as well; note, however, that 

U.S. Coast Guard requires 

measurements based on SAE J1527 in 

some cases. We are including the 

following clarifications and adjustments 

related to the specified SAE standards 

for all fuel-line permeation testing: (1) 

The test requires emission sampling 

over a 14-day period; (2) Two days of 

non-testing per week are allowed to 

accommodate weekend work schedules; 

(3) To remove any ambiguity from the 

published SAE standards, we are stating 

in our regulations that testing must 

occur at 23 ± 2 °C; and (4) The final test 

result is based on a simple arithmetic 

average of measured emission values 

over the 14-day sampling period. These 

changes allow for internal consistency, 

and generally align with the procedures 

adopted by California ARB. To the 

extent that there are remaining 

differences, manufacturers may ask for 

approval to use different procedures 

under § 1060.505(c)(2) or (c)(3). 

• Correct a typographical error in the 

kPa pressure value for preconditioning 

fuel tanks for a permeation 

measurement. The psi value in the 

regulation is correct. 

• Correct the sample calculation for 

determining an emission result from a 

diurnal emission test. 

• Adjust the procedure to account for 

buoyancy effects in tank permeation 

measurements by replacing the 


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requirement to use two identical tanks 

with a requirement to use a second tank 

that has a total volume that is within 5 

percent of the test tank’s total volume. 

This will allow manufacturers and test 

labs to rely on a smaller number of stock 

fuel tanks to make the necessary but 

minor corrections that result from 

fluctuating atmospheric pressure. 

• Adjust and clarify diurnal test 

procedures: (1) Add a specification for 

in-tank thermocouples for tracking fuel 

temperature for testing marine fuel 

tanks; (2) Replace the hourly profile of 

fuel temperatures with clearer 

specification about tracking test fuel 

temperature from a specified starting 

point to a specified (calculated) 

endpoint. The vapor generation should 

be nearly constant between test runs as 

long as fuel temperature continues to 

increase from the low temperature to the 

high temperature; (3) Standardize the 

procedure for purging the evaporative 

canister to prepare for testing based on 

a simulation of the in-use experience; 

this is based on engine purge for landbased applications, and on passive 

(ambient) purge for marine applications. 

This canister preconditioning is a 

necessary step to establish a known 

starting point for designing a system 

that meets the diurnal emission 

standard; and (4) Include temperature 

tolerance bands for the diurnal 

temperature cycle. Note that we are not 

proposing or requesting comment on 

changing the test procedure for marine 

fuel tanks to base the temperature 

profile on ambient temperatures instead 

of fuel temperatures. 

• Establish a gravimetric test method 

for determining mass of emissions for 

tanks with a diurnal emission standard 

of at least 2.0 grams of hydrocarbon. 

Emission test procedures involving an 

emission standard of less than 2.0 grams 

of hydrocarbon need the more accurate 

measurements available from using a 

flame ionization detector (FID) within a 

sealed enclosure. 

VI. Portable Fuel Containers 

On February 26, 2007, EPA adopted a 

set of requirements to reduce emissions 

from portable fuel containers (PFC) at 40 

CFR part 59, subpart F (72 FR 8533). 

EPA review of PFC designs and 

discussions with PFC manufacturers 

suggest that the manufacturers may have 

read the provisions of 40 CFR 59, 

subpart F, too narrowly and that their 

interpretations may have unnecessarily 

constrained some design approaches 

that may have otherwise allowed for 

improved in-use performance and 

consumer satisfaction. EPA did not 

intend to impact manufacturer design 

approaches beyond those deemed by the 

manufacturer as necessary to meet the 

emission control requirements as 

otherwise specified in 40 CFR part 59, 

and is including language in this rule to 

clarify regulatory requirements that 

apply to PFCs. Specifically, the revised 

regulation states that it is allowable for 

manufacturers to design PFCs with 

vents to relieve pressure, provided that 

the venting device is in place during 

emission testing, and provided that the 

venting device closes automatically 

when not in use. 

The proposed modifications to 40 

CFR 59, subpart F, do not change the 

regulatory requirements with regard to 

emission standards and test procedures, 

but better define some elements of 

design and clarify how various 

approaches would be considered in 

testing. Upon seeing these modifications 

to the regulations, PFC manufacturers 

may elect to pursue design approaches 

they deem appropriate, which they may 

have thought were not available to them 

previously. 

VII. MARPOL Annex VI 

Implementation 

The Act to Prevent Pollution from 

Ships (APPS) implements the 

provisions of the International 

Convention for the Prevention of 

Pollution from Ships (MARPOL) Annex 

VI for the United States (33 U.S.C. 

1901–1912). EPA adopted regulations in 

2010 to summarize these requirements 

and to describe engine certification 

procedures and other relevant 

provisions as specified in APPS (75 FR 

22896, April 30, 2010). MARPOL Annex 

VI has been amended since issuance of 

that Federal Register notice to include 

designation of the North American ECA 

and the U.S. Caribbean Sea ECA and 

various other changes. We are proposing 

to amend 40 CFR part 1043 in this 

rulemaking to align the regulations with 

the amendments of MARPOL Annex VI 

to facilitate stakeholder compliance, and 

to correct certain technical errors. 

First, the most fundamental step in 

the proposed updates to 40 CFR part 

1043 is to cite the 2013 publication of 

MARPOL Annex VI and the further 

amendments concluded at MEPC 66 in 

April 2014 (see 40 CFR 1043.100). 

Likewise, MARPOL Annex VI was 

recently amended to waive the fuelsulfur requirements for certain 

steamships until January 1, 2020. Part 

1043 already includes such a waiver for 

steamships operating in the Great Lakes. 

We are proposing to codify the 

additional temporary steamship 

exemption in § 1043.97. Note that 

covered steamships would be required 

to comply with the relevant sulfur limits 

when the exemption expires on January 

1, 2020. 

Second, we inadvertently adopted 

regulatory language in 40 CFR part 1043 

that differs from the language of Annex 

VI. For example, we originally adopted 

the provisions in 40 CFR part 1043 with 

an erroneous date, stating that the 

0.10% fuel-sulfur standard applies 

starting January 1, 2016, which should 

be January 1, 2015. The Annex VI 

specification is enforceable with or 

without this correction in 40 CFR part 

1043, but we are proposing this change 

to avoid any possible confusion. We 

also identified the NOX standards based 

on an engine’s model year; this should 

identify the applicability of NOX

standards based on the build date of 

new vessels, or on the date of major 

modifications in other circumstances. 

We are proposing to correct these errors 

in part 1043. 

Third, we are proposing the addition 

of clarifying language relating to public 

vessels. MARPOL Annex VI exempts 

public vessels from engine standards 

and fuel requirements. Public vessels 

are defined as ‘‘warships, naval 

auxiliary vessels, and other vessels 

owned or operated by a sovereign 

country when engaged in 

noncommercial service.’’ We want to 

clarify that any vessel that has a 

national security exemption (for engines 

or fuel) is automatically considered a 

public vessel. 

Fourth, we are proposing to clarify 

regulatory provisions to address 

whether or how emission credits apply 

for EPA certificates and EIAPP 

certificates. Engine manufacturers are 

interested in getting an EPA certificate 

under 40 CFR part 1042 and an EIAPP 

certificate under 40 CFR part 1043 for 

the same engine. This would allow them 

maximum flexibility in selling engines 

to boat builders for installation in 

vessels used in domestic or 

international service. Certification to 

EPA standards under 40 CFR part 1042 

allows manufacturers to use emission 

credits to make some engines with 

emission levels that are above the 

specified standard. MARPOL Annex VI 

and 40 CFR part 1043 do not have such 

an allowance. We are proposing to 

modify the regulation to clarify that an 

engine may not be covered by both an 

EPA certificate and an EIAPP certificate 

if its certification under 40 CFR part 

1042 depends on using emission credits 

to allow for an emission level above the 

specified standard. If an engine has 

emission levels below the specified 

standard and it is used to generate 

emission credits under 40 CFR part 

1042, this would not disqualify an 


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engine from also getting an EIAPP 

certificate under 40 CFR part 1043. 

Lastly, we are making clarifying edits 

to the fuels regulations under 40 CFR 

part 80 for MARPOL Annex VI 

implementation; the table below lists 

these edits. While some of these edits 

are purely corrections to typographical 

errors, we are also making edits to 

clarify the treatment of fuels under 

MARPOL Annex VI, Regulation 3 and 

Regulation 4. Regulation 3 authorizes 

trial programs that involve a permit 

allowing a ship operator to use fuel that 

exceeds the fuel-sulfur standards that 

would otherwise apply. Regulation 4 

allows for flag states to approve the use 

of high-sulfur fuel for vessels that are 

equipped with technology that allows 

for an equivalent level of control. 

Specifically, we are amending the 

definition of ‘‘ECA marine fuel’’ at 40 

CFR 80.2(ttt) to clarify that vessels with 

Regulation 3 permits or Regulation 4 

equivalencies can in fact use fuel that 

exceeds the ECA marine fuel sulfur 

standard. Further, to provide producers, 

distributors, and marketers of fuel for 

use under a Regulation 3 permit or a 

Regulation 4 equivalency the ability to 

denote such fuel on their PTDs, we are 

amending 40 CFR 80.590 to provide 

these parties with express PTD 

statements that may be used in lieu of 

the statements that are currently in the 

regulations. 

MARPOL ANNEX VI—RELATED AMENDMENTS TO 40 CFR PART 80, SUBPART I 

Section Description of change 

§ 80.2(ttt) ......................................... Amended the definition of ECA marine fuel to clarify that fuel allowed by MARPOL Annex VI Regulation 3 

permits or Regulation 4 equivalencies under 40 CFR part 1043 is not required to meet the ECA marine 

fuel requirements. 

80.510 section heading ................... Amending to clarify that this section applies to refiners and importers. 

80.510(k) and 80.511(b)(9) ............. Amending to clarify that fuel allowed by Regulation 3 permits or Regulation 4 equivalencies is not required 

to meet the ECA marine fuel requirements. 

§ 80.574(b) ...................................... Amended to update the address for submitting ECA marine fuel alternative label requests. 

§ 80.590(b) ...................................... Amended to allow for PTD statements for use with fuel permitted for use under MARPOL Annex VI Regulation 3, Regulation 4, or both. 

§ 80.607 (a), (c), (d), (f) .................. Amended to remove references to ECA marine fuel, as research and development permits are separate 

from Regulation 3 permits under 40 CFR part 1043. 

§ 80.608(d) ...................................... Amended to correct minor typographical errors. 

VIII. Statutory and Executive Order 

Reviews 

Additional information about these 

statutes and Executive Orders can be 

found at http://www2.epa.gov/lawsregulations/laws-and-executive-orders. 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is not a significant 

regulatory action and was therefore not 

submitted to the Office of Management 

and Budget (OMB) for review. 

B. Paperwork Reduction Act 

This action does not impose any new 

information collection burden under the 

PRA, since it merely clarifies and 

corrects existing regulatory language. 

OMB has previously approved the 

information collection activities 

contained in the existing regulations 

and has assigned OMB control numbers 

as noted in the table below. 

Regulatory citation Item OMB Control No. 

40 CFR part 86 .................................. Light-duty vehicle standards .......................................................................... 2060–0104 

40 CFR part 86 .................................. Heavy-duty vehicle standards ....................................................................... 2060–0287 

40 CFR part 86 .................................. In-use verification program ............................................................................ 2060–0086 

40 CFR part 80 .................................. In-use fuel standards ..................................................................................... 2060–0437 

40 CFR part 1043 .............................. MARPOL Annex VI ........................................................................................ 2060–0641 

40 CFR part 1054 .............................. Small SI exhaust emission standards ........................................................... 2060–0338 

40 CFR part 1060 .............................. Nonroad SI evaporative emission standards ................................................ 2060–0321, 2060–0338 

C. Regulatory Flexibility Act (RFA) 

I certify that this action will not have 

a significant economic impact on a 

substantial number of small entities 

under the RFA. In making this 

determination, the impact of concern is 

any significant adverse economic 

impact on small entities. 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, has 

no net burden or otherwise has a 

positive economic effect on the small 

entities subject to the rule. This rule 

merely clarifies and corrects existing 

regulatory language. We therefore 

anticipate no costs and therefore no 

regulatory burden associated with this 

rule. We have therefore concluded that 

this action will have no net regulatory 

burden for all directly regulated small 

entities. 

D. Unfunded Mandates Reform Act 

This action does not contain any 

unfunded mandate as described in 

UMRA, 2 U.S.C. 1531–1538, and does 

not significantly or uniquely affect small 

governments. The action imposes no 

enforceable duty on any state, local or 

tribal governments. Requirements for 

the private sector do not exceed $100 

million in any one year. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It will not have substantial 

direct effects on the states, on the 

relationship between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 


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F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications as specified in Executive 

Order 13175. This rule merely corrects 

and clarifies regulatory provisions. 

Tribal governments would be affected 

only to the extent they purchase and use 

regulated vehicles or engines. Thus, 

Executive Order 13175 does not apply 

to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

EPA interprets Executive Order 13045 

as applying only to those regulatory 

actions that concern environmental 

health or safety risks that the EPA has 

reason to believe may 

disproportionately affect children, per 

the definition of ‘‘covered regulatory 

action’’ in section 2–202 of the 

Executive Order. This action is not 

subject to Executive Order 13045 

because it does not concern an 

environmental health risk or safety risk. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211, because it is not a 

significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer 

Advancement Act 

This action involves technical 

standards. EPA has decided to use the 

following voluntary consensus 

standards: 

Organization Standard Available from 

SAE International ............................ SAE J2996, Small Diameter Fuel Line Permeation Test Procedure, Issued January 

2013.

www.sae.org 

ASTM International ......................... ASTM D86–07, Standard Test Method for Distillation of Petroleum Products at Atmospheric Pressure, approved January 15, 2007.www.astm.org 

ASTM International ......................... ASTM standard practice D4057–12, Standard Practice for Manual Sampling of Petroleum and Petroleum Products, approved December 1, 2012.www.astm.org 

ASTM International ......................... ASTM standard practice D4177–95 (Reapproved 2010), Standard Practice for Automatic Sampling of Petroleum and Petroleum Products, approved May 1, 2010..www.astm.org 

ASTM International ......................... ASTM standard practice D5842–14, Standard Practice for Sampling and Handling for 

Fuels for Volatility Measurement, approved January 15, 2014.

www.astm.org 

ASTM International ......................... ASTM standard practice D6299–13, Standard Practice for Applying Statistical Quality 

Assurance and Control Charting Techniques to Evaluate Analytical Measurement 

System Performance, approved October 1, 2013.

www.astm.org 

This action also involves technical 

standards for marine diesel engines. 

There are no voluntary consensus 

documents that address these technical 

standards. EPA has therefore decided to 

use the following standards from the 

International Maritime Organization: 

Organization Standard Available from 

International Maritime Organization MARPOL Annex VI, Regulations for the Prevention of Pollution from Ships, Third Edition, 2013.www.imo.org 

International Maritime Organization NOx Technical Code 2008, 2013 Edition ........................................................................... www.imo.org 

International Maritime Organization Annex 12, Resolution MEPC.251(66) from the Report of the Marine Environment Protection Committee on its Sixty-Sixth Session, April 25, 2014.www.imo.org 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

This action is not expected to have 

any adverse human health or 

environmental impacts; as a result, the 

human health or environmental risk 

addressed by this action will not have 

potential disproportionately high and 

adverse human health or environmental 

effects on minority, low-income or 

indigenous populations. 

IX. Statutory Provisions and Legal 

Authority 

Statutory authority for this action 

comes from 42 U.S.C. 7401–7671q and 

33 U.S.C. 1901–1912. 

List of Subjects 

40 CFR Part 59 

Environmental protection, Air 

pollution control, Confidential business 

information, Labeling, Ozone, Reporting 

and recordkeeping requirements, 

Volatile organic compounds. 

40 CFR Part 80 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Confidential 

Business Information, Diesel fuel, Fuel 

additives, Gasoline, Imports, 

Incorporation by reference, Labeling, 

Motor vehicle pollution, Penalties, 

Petroleum, Reporting and recordkeeping 

requirements. 

40 CFR Part 85 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Confidential 

Business Information, Imports, Labeling, 

Motor vehicle pollution, Reporting and 

recordkeeping requirements, Research, 

Warranties. 

40 CFR Part 86 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Confidential 

Business Information, Imports, Labeling, 

Motor vehicle pollution, Reporting and 

recordkeeping requirements, 

Warranties. 

40 CFR Part 600 

Environmental protection, 

Administrative practice and procedure, 

Electric power, Fuel economy, Labeling, 

Reporting and recordkeeping 

requirements. 

40 CFR Part 1037 

Environmental protection, 

Administrative practice and procedure, 


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Air pollution control, Confidential 

business information, Labeling, Motor 

vehicle pollution, Reporting and 

recordkeeping requirements, 

Warranties. 

40 CFR Part 1043 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Imports, 

Incorporation by reference, Vessels, 

Reporting and recordkeeping 

requirements. 

40 CFR Parts 1051 and 1054 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Confidential 

business information, Imports, Labeling, 

Penalties, Reporting and recordkeeping 

requirements, Warranties. 

40 CFR Part 1060 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Confidential 

business information, Imports, 

Incorporation by reference, Labeling, 

Penalties, Reporting and recordkeeping 

requirements, Warranties. 

40 CFR Parts 1065 and 1066 

Environmental protection, 

Administrative practice and procedure, 

Reporting and recordkeeping 

requirements, Research. 

Dated: February 2, 2015. 

Gina McCarthy, 

Administrator. 

[FR Doc. 2015–02845 Filed 2–18–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 63 

[EPA–R06–OAR–2007–1205; FRL 9923–04– 

Region 6] 

National Emission Standards for 

Hazardous Air Pollutants; Delegation 

of Authority to Albuquerque-Bernalillo 

County Air Quality Control Board 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Albuquerque-Bernalillo 

County Air Quality Control Board 

(ABCAQCB) submitted updated 

regulations for receiving delegation of 

the Environmental Protection Agency 

(EPA) authority for implementation and 

enforcement of New Source 

Performance Standards (NSPS) and 

National Emission Standards for 

Hazardous Air Pollutants (NESHAP) for 

all sources (both part 70 and non-part 70 

sources). The delegation of authority 

under this action applies only to sources 

located in Bernalillo County, New 

Mexico, and does not extend to sources 

located in Indian Country. EPA is 

providing notice that it is updating the 

delegation of certain NSPS to 

ABCAQCB, and is taking direct final 

action to approve the delegation of 

certain NESHAPs to ABCAQCB. 

DATES: Written comments on this 

proposed rule must be received on or 

before March 23, 2015. 

ADDRESSES: Comments may be mailed to 

Mr. Rick Barrett, Air Permits Section 

(6PD–R), Environmental Protection 

Agency, 1445 Ross Avenue, Suite 1200, 

Dallas, Texas 75202–2733. Comments 

may also be submitted electronically or 

through hand delivery/courier by 

following the detailed instructions in 

the Addresses section of the direct final 

rule located in the rules section of this 

Federal Register. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Rick Barrett, (214) 665–7227; email: 

barrett.richard@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

final rules section of this Federal 

Register, EPA is approving ABCAQCB’s 

request for delegation of authority to 

implement and enforce certain NSPS 

and NESHAP for all sources (both part 

70 and non-part 70 sources). ABCAQCB 

has adopted certain NSPS and NESHAP 

by reference into ABCAQCB’s 

regulations. In addition, EPA is waiving 

its notification requirements so sources 

will only need to send notifications and 

reports to ABCAQCB. 

The EPA is taking direct final action 

without prior proposal because EPA 

views this as a noncontroversial action 

and anticipates no adverse comments. A 

detailed rationale for this approval is set 

forth in the preamble to the direct final 

rule. If no relevant adverse comments 

are received in response to this action, 

no further activity is contemplated. If 

EPA receives relevant adverse 

comments, the direct final rule will be 

withdrawn, and all public comments 

received will be addressed in a 

subsequent final rule based on this 

proposed rule. EPA will not institute a 

second comment period. Any parties 

interested in commenting must do so at 

this time. If EPA receives relevant 

adverse comment on an amendment, 

paragraph, or section of the rule and if 

that provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. 

For additional information, see the 

direct final rule which is located in the 

Rules section of this Federal Register. 

Dated: January 28, 2015. 

Samuel Coleman, 

Acting Regional Administrator, Region 6. 

[FR Doc. 2015–03483 Filed 2–18–15; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

[Docket No. 150116050–5123–01] 

RIN 0648–XD726 

Atlantic Highly Migratory Species; 

North and South Atlantic 2015 

Commercial Swordfish Quotas 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: This proposed rule would 

adjust the 2015 fishing season quotas for 

North and South Atlantic swordfish 

based upon 2014 commercial quota 

underharvests and international quota 

transfers consistent with International 

Commission for the Conservation of 

Atlantic Tunas (ICCAT) 

Recommendations 13–02 and 13–03. 

This proposed rule would apply to 

commercial and recreational fishing for 

swordfish in the Atlantic Ocean, 

including the Caribbean Sea and Gulf of 

Mexico. This action would implement 

ICCAT recommendations, consistent 

with the Atlantic Tunas Convention Act 

(ATCA), and would further domestic 

management objectives under the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act). 

DATES: Written comments must be 

received by March 23, 2015. An 

operator-assisted, public conference call 

and webinar will be held on March 3, 

2015, from 1:00 p.m. to 4:00 p.m., EST. 

ADDRESSES: The conference call-in 

phone number is 1–888–972–6893; 

participant pass code is 2759824. 

Participants are strongly encouraged to 

log/dial in 15 minutes prior to the 

meeting. NMFS will show a brief 

presentation via webinar followed by 

public comment. To join the webinar go 

to: https://noaaevents2.webex.com/

noaaevents2/onstage/g.php?d=

995250567&t=a, enter your name and 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS