Federal Register / Vol. 78, No. 159 / Friday, August 16, 2013 / Rules and Regulations 49963 

(4) Delivery of decision. The panel 

will deliver its decision via 

simultaneous electronic submission to 

each party or its authorized 

representative. 

(q) Costs—(1) Fees. FEMA will pay all 

fees associated with the independent 

review panel, including arbitrator 

compensation, and the arbitration 

facility costs. 

(2) Expenses. Expenses for each party 

will be paid by the party who incurred 

the expense. 

(r) Frivolous requests. If, upon 

notification by FEMA, or on its own 

initiative the panel determines the 

applicant’s Request for Arbitration to be 

frivolous, the panel will deny the 

Request for Arbitration and direct the 

applicant to reimburse FEMA for 

reasonable costs FEMA incurred, 

including fees and expenses. 

(s) Deadline. FEMA cannot consider 

an applicant’s request for review by a 

panel under this section if the request 

is made after December 31, 2015. 

However, pursuant to this rule, FEMA 

will continue to process and finalize 

any proper request made on or before 

December 31, 2015. 

Dated: August 8, 2013. 

W. Craig Fugate, 

Administrator, Federal Emergency 

Management Agency. 

[FR Doc. 2013–19887 Filed 8–15–13; 8:45 am] 

BILLING CODE 9111–23–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 1037, 1039, 1042, and 

1068 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Part 535 

[EPA–HQ–OAR–2012–0102; NHTSA–2012– 

0152; FRL 9900–11–OAR] 

RIN 2060–AR48; 2127–AL31 

Heavy-Duty Engine and Vehicle and 

Nonroad Technical Amendments 

AGENCIES: Environmental Protection 

Agency (EPA) and National Highway 

Traffic Safety Administration (NHTSA), 

Department of Transportation. 

ACTION: Partial withdrawal of direct 

final rule; direct final rule. 

SUMMARY: Because EPA and NHTSA, on 

behalf of the Department of 

Transportation, received adverse 

comment on certain elements of the 

Heavy-Duty Engine and Vehicle and 

Nonroad Technical Amendments direct 

final rule published on June 17, 2013, 

we are withdrawing those elements of 

the direct final rule and republishing 

the affected sections without those 

elements. 

DATES: Effective August 16, 2013, EPA 

withdraws the amendments to 40 CFR 

1037.104, 037.150, 1039.104, 1039.625, 

1042.615, and 1068.240 published at 78 

FR 36388 on June 17, 2013, and NHTSA 

withdraws the amendment to 49 CFR 

535.5 published at 78 FR 36388 on June 

17, 2013. The direct final rule 

amendments are effective August 16, 

2013. 

FOR FURTHER INFORMATION CONTACT: Lily 

Smith, Office of Chief Counsel, National 

Highway Traffic Safety Administration, 

1200 New Jersey Avenue SE., 

Washington, DC 20590; telephone: (202) 

366–2992. Angela Cullen, 

Environmental Protection Agency, 

Office of Transportation and Air 

Quality, Assessment and Standards 

Division, 2000 Traverwood Drive, Ann 

Arbor, Michigan 48105; telephone 

number: 734–214–4419; email address: 

cullen.angela@epa.gov. 

SUPPLEMENTARY INFORMATION: Because 

EPA and NHTSA received adverse 

comment on certain elements of the 

Heavy-Duty Engine and Vehicle and 

Nonroad Technical Amendments direct 

final rule published on June 17, 2013, at 

78 FR 36370, we are withdrawing those 

elements of the direct final rule and 

republishing the affected sections 

without those elements. The withdrawal 

relates to four principal EPA provisions 

and one principal NHTSA provision. 

The EPA provisions are: (1) Test 

requirements for heavy-duty greenhouse 

gas emissions in 40 CFR part 1037, (2) 

optional chassis certification for heavyduty greenhouse gas emissions in 40 

CFR part 1037, (3) expanded technical 

hardship for equipment manufacturers 

installing nonroad diesel engines, and 

(4) the replacement engine exemption in 

40 CFR part 1068, along with the 

corresponding changes to 40 CFR 

1042.615. The NHTSA withdrawal 

relates to the provision for optional 

chassis certification for heavy-duty fuel 

efficiency requirements in 49 CFR 

535.5(a)(6). 

We stated in the direct final rule that 

if we received adverse comment by July 

17, 2013 as to any part of the direct final 

rule, those parts would be withdrawn by 

publishing a timely notice in the 

Federal Register. Because EPA and 

NHTSA received adverse comment 

related to certain provisions, we are 

withdrawing those amendments and 

they will not take effect. The specific 

provisions that are being withdrawn are 

identified below. To avoid any 

confusion with respect to 40 CFR 

1068.240, concerning an exemption for 

replacement nonroad engines, the effect 

of this withdrawal is that the current 

provisions of that section remain in 

effect through § 1068.240(d). The direct 

final rule also republished paragraphs 

(e) and (f) and removed paragraph (g) of 

§ 1068.240, and these are not being 

withdrawn. 

EPA published a parallel proposed 

rule on the same day as the direct final 

rule. The proposed rule invited 

comment on the substance of the direct 

final rule with respect to EPA’s 

amendments to 40 CFR parts 1037, 

1039, 1042, and 1068. EPA intends to 

consider the comments received and 

proceed with a new final rule, including 

but not limited to addressing the 

amendments that relate to replacement 

nonroad engines that are withdrawn by 

this notice. As stated in the parallel 

proposal, EPA will not institute a 

second comment period for the 

proposed action with respect to the 

provisions that are withdrawn by this 

notice. One adverse comment relates to 

EPA’s provision in 40 CFR 1037.150(l) 

and NHTSA’s provision in 49 CFR 

535.5(a) (6). NHTSA may issue a notice 

of proposed rulemaking (NPRM) and 

provide another opportunity to 

comment for the withdrawn amendment 

to 49 CFR 535.5(a) (6). Both agencies 

would coordinate any final actions on 

40 CFR 1037.150(l) and 49 CFR 535.5(a) 

(6). The amendments for which we did 

not receive adverse comment are not 

being withdrawn and will become 

effective on August 16, 2013, as 

provided in the June 17, 2013 direct 

final rule. 

Accordingly, the amendments to 40 

CFR 1037.104(d)(9)(i), 

1037.104(d)(9)(iii), 1037.104(g)(3)(iv), 

1037.104(g)(7), 1037.150(l), 1039.104(g), 

1039.625(m), 1042.615, and 1068.240 

introductory text and paragraphs (a) 

through (d) published on June 17, 2013 

(78 FR 36388), are withdrawn by EPA as 

of August 16, 2013, and the amendment 

to 49 CFR 535.5 published on June 17, 

2013 (78 FR 36388) is withdrawn by 

DOT as of August 16, 2013. 

List of Subjects 

40 CFR Part 1037 

Administrative practice and 

procedure, Air pollution control, 

Confidential business information, 

Environmental protection, Incorporation 

by reference, Labeling, Motor vehicle 

pollution, Reporting and recordkeeping 

requirements, Warranties. 


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49964 Federal Register / Vol. 78, No. 159 / Friday, August 16, 2013 / Rules and Regulations 

40 CFR Part 1039 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Confidential 

business information, Imports, Labeling, 

Penalties, Reporting and recordkeeping 

requirements, Warranties. 

40 CFR Part 1042 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Confidential 

business information, Imports, Labeling, 

Penalties, Reporting and recordkeeping 

requirements, Vessels, Warranties. 

40 CFR Part 1068 

Environmental protection, 

Administrative practice and procedure, 

Confidential business information, 

Imports, Motor vehicle pollution, 

Penalties, Reporting and recordkeeping 

requirements, Warranties. 

49 CFR Part 535 

Fuel economy. 

Title 40—Protection of Environment 

For the reasons set forth in the 

preamble, the Environmental Protection 

Agency is amending title 40, chapter I 

of the Code of Federal Regulations as 

follows: 

PART 1037—CONTROL OF EMISSIONS 

FROM NEW HEAVY-DUTY MOTOR 

VEHICLES 

■ 1. The authority citation for part 1037 

continues to read as follows: 

Authority: 42 U.S.C. 7401–7671q. 

Subpart B—[Amended] 

■ 2. Section 1037.104 is amended by: 

■ a. Revising paragraphs (a)(2) 

introductory text, (d)(2), (4), and (6), (9), 

and (d)(12) and (13); 

■ b. Adding paragraph (d)(15); and 

■ c. Revising paragraph (g). 

The revisions and addition read as 

follows: 

§ 1037.104 Exhaust emission standards 

for CO2, CH4, and N2O for heavy-duty 

vehicles at or below 14,000 pounds GVWR. 

* * * * * 

(a) * * * 

(2) Using the appropriate work factor, 

calculate a target value for each vehicle 

subconfiguration (or group of 

subconfigurations allowed under 

paragraph (a)(4) of this section) you 

produce using one of the following 

equations, or the phase-in provisions in 

§ 1037.150(b), rounding to the nearest 

0.1 g/mile: 

* * * * * 

(d) * * * 

(2) The following general credit 

provisions apply: 

(i) Credits you generate under this 

section may be used only to offset credit 

deficits under this section. You may 

bank credits for use in a future model 

year in which your average CO2 level 

exceeds the standard. You may trade 

credits to another manufacturer 

according to 40 CFR 86.1865–12(k)(8). 

Before you bank or trade credits, you 

must apply any available credits to 

offset a deficit if the deadline to offset 

that credit deficit has not yet passed. 

(ii) Vehicles subject to the standards 

of this section are included in a single 

greenhouse gas averaging set separate 

from any averaging set otherwise 

included in 40 CFR part 86. 

(iii) Banked CO2 credits keep their full 

value for five model years after the year 

in which they were generated. Unused 

credits expire at the end of this fifth 

model year. 

* * * * * 

(4) The CO2, N2O, and CH4 standards 

apply for a weighted average of the city 

(55%) and highway (45%) test cycle 

results. Note that this differs from the 

way the criteria pollutant standards 

apply for heavy-duty vehicles. 

* * * * * 

(6) Credits are calculated using the 

useful life value (in miles) in place of 

‘‘vehicle lifetime miles’’ specified in 40 

CFR part 86, subpart S. Calculate a total 

credit or debit balance in a model year 

by adding credits and debits from 40 

CFR 86.1865–12(k)(4), subtracting any 

CO2-equivalent debits for N2O or CH4

calculated according to § 1037.104(c), 

and adding any of the following credits: 

(i) Advanced technology credits 

according to paragraph (d)(7) of this 

section and § 1037.150(i). 

(ii) Innovative technology credits 

according to paragraph (d)(13) of this 

section. 

(iii) Early credits according to 

§ 1037.150(a)(2). 

* * * * * 

(9) Calculate your fleet-average 

emission rate consistent with good 

engineering judgment and the 

provisions of 40 CFR 86.1865. The 

following additional provisions apply: 

(i) Unless we approve a lower 

number, you must test at least ten 

subconfigurations. If you produce more 

than 100 subconfigurations in a given 

model year, you must test at least ten 

percent of your subconfigurations. For 

purposes of this paragraph (d)(9)(i), 

count carryover tests, but do not include 

analytically derived CO2 emission rates, 

data substitutions, or other untested 

allowances. We may approve a lower 

number of tests for manufacturers that 

have limited product offerings, or low 

sales volumes. Note that good 

engineering judgment and other 

provisions of this part may require you 

to test more subconfigurations than 

these minimum values. 

(ii) The provisions of paragraph (g) of 

this section specify how you may use 

analytically derived CO2 emission rates. 

(iii) At least 90 percent of final 

production volume at the configuration 

level must be represented by test data 

(real, data substituted, or analytical). 

(iv) Perform fleet-average CO2

calculations as described in 40 CFR 

86.1865 and 40 CFR part 600, with the 

following exceptions: 

(A) Use CO2 emissions values for all 

test results, intermediate calculations, 

and fleet average calculations instead of 

the carbon-related exhaust emission 

(CREE) values specified in 40 CFR parts 

86 and 600. 

(B) Perform intermediate CO2

calculations for subconfigurations 

within each configuration using the 

subconfiguration and configuration 

definitions in paragraph (d)(12) of this 

section. 

(C) Perform intermediate CO2

calculations for configurations within 

each test group and transmission type 

(instead of configurations within each 

base level and base levels within each 

model type). Use the configuration 

definition in paragraph (d)(12)(i) of this 

section. 

(D) Do not perform intermediate CO2

calculations for each base level or for 

each model type. Base level and model 

type CO2 calculations are not applicable 

to heavy-duty vehicles subject to 

standards in this section. 

(E) Determine fleet average CO2

emissions for heavy-duty vehicles 

subject to standards in this section as 

described in 40 CFR 600.510–12(j), 

except that the calculations must be 

performed on the basis of test group and 

transmission type (instead of the modeltype basis specified in the light-duty 

vehicle regulations), and the 

calculations for dual fuel, multi-fuel, 

and flexible fuel vehicles must be 

consistent with the provisions of 

paragraph (d)(10)(i) of this section. 

* * * * * 

(12) The following definitions apply 

for the purposes of this section: 

(i) Configuration means a 

subclassification within a test group 

based on engine code, transmission type 

and gear ratios, final drive ratio, and 

other parameters we designate. 

Transmission type means the basic type 

of the transmission (e.g., automatic, 

manual, automated manual, semiautomatic, or continuously variable) and 


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Federal Register / Vol. 78, No. 159 / Friday, August 16, 2013 / Rules and Regulations 49965 

does not include the drive system of the 

vehicle (e.g., front-wheel drive, rearwheel drive, or four-wheel drive). 

Engine code means the combination of 

both ‘‘engine code’’ and ‘‘basic engine’’ 

as defined in 40 CFR 600.002. Note that 

this definition differs from the one in 40 

CFR 86.1803. 

(ii) Subconfiguration means a unique 

combination within a vehicle 

configuration (as defined in this 

paragraph (d)(12)) of equivalent test 

weight, road-load horsepower, and any 

other operational characteristics or 

parameters that we determine may 

significantly affect CO2 emissions 

within a vehicle configuration. Note that 

for vehicles subject to standards of this 

section, equivalent test weight (ETW) is 

based on the ALVW of the vehicle as 

outlined in paragraph (d)(11) of this 

section. 

(iii) The terms ‘‘complete vehicle’’ 

and ‘‘incomplete vehicle’’ have the 

meanings given for ‘‘complete heavyduty vehicle’’ and ‘‘incomplete heavyduty vehicle’’, respectively, in 40 CFR 

86.1803. 

(13) This paragraph (d)(13) applies for 

CO2 reductions resulting from 

technologies that were not in common 

use before 2010 that are not reflected in 

the specified test procedures. We may 

allow you to generate emission credits 

consistent with the provisions of 40 CFR 

86.1869–12(c) and (d). You do not need 

to provide justification for not using the 

5-cycle methodology. 

* * * * * 

(15) You must submit a final report 

within 90 days after the end of the 

model year. Unless we specify 

otherwise, include applicable 

information identified in 40 CFR 

86.1865–12(l), 40 CFR 600.512, and 49 

CFR 535.8(e). The final report must 

include at least the following 

information: 

(i) Model year. 

(ii) Applicable fleet-average CO2

standard. 

(iii) Calculated fleet-average CO2

value and all the values required to 

calculate the CO2 value. 

(iv) Number of credits or debits 

incurred and all values required to 

calculate those values. 

(v) Resulting balance of credits or 

debits. 

(vi) N2O emissions. 

(vii) CH4 emissions. 

(viii) HFC leakage score. 

* * * * * 

(g) Analytically derived CO2 emission 

rates (ADCs). This paragraph (g) 

describes an allowance to use estimated 

(i.e., analytically derived) CO2 emission 

rates based on baseline test data instead 

of measured emission rates for 

calculating fleet-average emissions. Note 

that these ADCs are similar to ADFEs 

used for light-duty vehicles. Note also 

that F terms used in this paragraph (g) 

represent coefficients from the following 

road load equation: 

Force ¥ (mass × acceleration) = F0 + F1 

· (velocity) + F2 · (velocity) + F2 · 

(velocity)2

(1) Except as specified in paragraph 

(g)(2) of this section, use the following 

equation to calculate the ADC of a new 

vehicle from road load force coefficients 

(F0, F1, F2), axle ratio, and test weight: 

ADC = CO2base + 2.18 · DF0 + 37.4 · DF1 

+ 2257 · DF2 + 189 · DAR + 0.0222 

· DETW 

Where: 

ADC = Analytically derived combined city/ 

highway CO2 emission rate (g/mile) for a 

new vehicle. 

CO2base = Combined city/highway CO2

emission rate (g/mile) of a baseline 

vehicle. 

DF0 = F0 of the new vehicle ¥ F0 of the 

baseline vehicle. 

DF1 = F1 of the new vehicle ¥ F1 of the 

baseline vehicle. 

DF2 = F2 of the new vehicle ¥ F2 of the 

baseline vehicle. 

DAR = Axle ratio of the new vehicle ¥ axle 

ratio of the baseline vehicle. 

DETW = ETW of the new vehicle ¥ ETW of 

the baseline vehicle. 

(2) The purpose of this section is to 

accurately estimate CO2 emission rates. 

(i) You must apply the provisions of 

this section consistent with good 

engineering judgment. For example, do 

not use the equation in paragraph (g)(1) 

of this section where good engineering 

judgment indicates that it will not 

accurately estimate emissions. You may 

ask us to approve alternate equations 

that allow you to estimate emissions 

more accurately. 

(ii) The analytically derived CO2

equation in paragraph (g)(1) of this 

section may be periodically updated 

through publication of an EPA guidance 

document to more accurately 

characterize CO2 emission levels for 

example, changes may be appropriate 

based on new test data, future 

technology changes, or to changes in 

future CO2 emission levels. Any EPA 

guidance document will determine the 

model year that the updated equation 

takes effect. We will issue guidance no 

later than eight months before the 

effective model year. For example, for 

2014 models, the model year may start 

January 2, 2013, so guidance would be 

issued by May 1, 2012 for model year 

2014. 

(3) You may select, without our 

advance approval, baseline test data if 

they meet all the following criteria: 

(i) Vehicles considered for the 

baseline test must comply with all 

applicable emission standards in the 

model year associated with the ADC. 

(ii) You must include in the pool of 

tests considered for baseline selection 

all official tests of the same or 

equivalent basic engine, transmission 

class, engine code, transmission code, 

engine horsepower, dynamometer drive 

wheels, and compression ratio as the 

ADC subconfiguration. Do not include 

tests in which emissions exceed any 

applicable standard. 

(iii) Where necessary to minimize the 

CO2 adjustment, you may supplement 

the pool with tests associated with 

worst-case engine or transmission codes 

and carryover or carry-across engine 

families. If you do, all the data that 

qualify for inclusion using the elected 

worst-case substitution (or carryover or 

carry-across) must be included in the 

pool as supplemental data (i.e., 

individual test vehicles may not be 

selected for inclusion). You must also 

include the supplemental data in all 

subsequent pools, where applicable. 

(iv) Tests previously used during the 

subject model year as baseline tests in 

ten other ADC subconfigurations must 

be eliminated from the pool. 

(v) Select the tested subconfiguration 

with the smallest absolute difference 

between the ADC and the test CO2

emission rate for combined emissions. 

Use this as the baseline test for the 

target ADC subconfiguration. 

(4) You may ask us to allow you to 

use baseline test data not fully meeting 

the provisions of paragraph (g)(3) of this 

section. 

(5) Calculate the ADC rounded to the 

nearest 0.1 g/mile. Except with our 

advance approval, the downward 

adjustment of ADC from the baseline is 

limited to ADC values 20 percent below 

the baseline emission rate. The upward 

adjustment is not limited. 

(6) You may not submit an ADC if an 

actual test has been run on the target 

subconfiguration during the certification 

process or on a development vehicle 

that is eligible to be declared as an 

emission-data vehicle. 

(7) No more than 40 percent of the 

subconfigurations tested in your final 

CO2 submission may be represented by 

ADCs. 

(8) Keep the following records for at 

least five years, and show them to us if 

we ask to see them: 

(i) The pool of tests. 

(ii) The vehicle description and tests 

chosen as the baseline and the basis for 

the selection. 

(iii) The target ADC subconfiguration. 

(iv) The calculated emission rates. 


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(9) We may perform or order a 

confirmatory test of any 

subconfiguration covered by an ADC. 

(10) Where we determine that you did 

not fully comply with the provisions of 

this paragraph (g), we may require that 

you comply based on actual test data 

and that you recalculate your fleetaverage emission rate. 

* * * * * 

■ 3. Section 1037.150 is amended by 

revising paragraph (a)(2) to read as 

follows: 

§ 1037.150 Interim provisions. 

* * * * * 

(a) * * * 

(2) This paragraph (a)(2) applies for 

regulatory sub-categories subject to the 

standards of § 1037.104. To generate 

early credits under this paragraph (a)(2) 

for any vehicles other than electric 

vehicles, you must certify your entire 

U.S.-directed fleet to these standards. If 

you calculate a separate fleet average for 

advanced-technology vehicles under 

§ 1037.104(c)(7), you must certify your 

entire U.S.-directed production volume 

of both advanced and conventional 

vehicles within the fleet. Except as 

specified in paragraph (a)(4) of this 

section, if some test groups are certified 

after the start of the model year, you 

may generate credits only for 

production that occurs after all test 

groups are certified. For example, if you 

produce three test groups in an 

averaging set and you receive your 

certificates for those test groups on 

January 4, 2013, March 15, 2013, and 

April 24, 2013, you may not generate 

credits for model year 2013 for vehicles 

from any of the test groups produced 

before April 24, 2013. Calculate credits 

relative to the standard that would 

apply in model year 2014 using the 

applicable equations in 40 CFR part 86 

and your model year 2013 U.S.-directed 

production volumes. These credits may 

be used to show compliance with the 

standards of this part for 2014 and later 

model years. We recommend that you 

notify us of your intent to use this 

provision before submitting your 

applications. 

* * * * * 

PART 1039—CONTROL OF EMISSIONS 

FROM NEW AND IN-USE NONROAD 

COMPRESSION-IGNITION ENGINES 

■ 4. The authority citation for part 1039 

continues to read as follows: 

Authority: 42 U.S.C. 7401–7671q. 

Subpart G—[Amended] 

■ 5. Section 1039.625 is amended by 

revising paragraphs (e) and (j) 

introductory text to read as follows: 

§ 1039.625 What requirements apply under 

the program for equipment-manufacturer 

flexibility? 

* * * * * 

(e) Standards. If you produce 

equipment with exempted engines 

under this section, the engines must 

meet emission standards specified in 

this paragraph (e), or more stringent 

standards. Note that we consider 

engines to be meeting emission 

standards even if they are certified with 

a family emission limit that is higher 

than the emission standard that would 

otherwise apply. 

(1) If you are using the provisions of 

paragraph (d)(4) of this section, engines 

must meet the applicable Tier 1 or Tier 

2 emission standards described in 40 

CFR 89.112. 

(2) If you are using the provisions of 

paragraph (a)(2) of this section, engines 

must be identical in all material respects 

to engines certified under this part 1039 

as follows: 

Engines in the following power category. . . 

Must meet all standards and requirements that applied in 

the following model 

year. . . 

(i) 19 ≤ kW < 56 ........ 2008 (Option 1, 

where applicable). 

(ii) 56 ≤ kW < 130 ..... 2012 (Phase-out). 

(iii) 130 ≤ kW ≤ 560 .. 2011 (Phase-out). 

(iv) kW > 560 ............ 2011. 

(3) In all other cases, engines at or 

above 56 kW and at or below 560 kW 

must meet the appropriate Tier 3 

standards described in 40 CFR 89.112. 

* * * * * 

(j) Provisions for engine 

manufacturers. As an engine 

manufacturer, you may produce 

exempted engines as needed under this 

section. You do not have to request this 

exemption for your engines, but you 

must have written assurance from 

equipment manufacturers that they need 

a certain number of exempted engines 

under this section. Send us an annual 

report of the engines you produce under 

this section, as described in 

§ 1039.250(a). Exempt engines must 

meet the emission standards in 

paragraph (e) of this section and you 

must meet all the requirements of 40 

CFR 1068.265, except that engines 

produced under the provisions of 

paragraph (a)(2) of this section must be 

identical in all material respects to 

engines previously certified under this 

part 1039. If you show under 40 CFR 

1068.265(c) that the engines are 

identical in all material respects to 

engines that you have previously 

certified to one or more FELs above the 

standards specified in paragraph (e) of 

this section, you must supply sufficient 

credits for these engines. Calculate these 

credits under subpart H of this part 

using the previously certified FELs and 

the alternate standards. You must meet 

the labeling requirements in 40 CFR 

89.110 or § 1039.135, as applicable, with 

the following exceptions: 

* * * * * 

PART 1068—GENERAL COMPLIANCE 

PROVISIONS FOR HIGHWAY, 

STATIONARY, AND NONROAD 

PROGRAMS 

■ 6. The authority citation for part 1068 

continues to read as follows: 

Authority: 42 U.S.C. 7401–7671q. 

Subpart C—Exemptions and 

Exclusions 

§ 1068.240 [Amended] 

■ 7. Section 1068.240 is amended by 

removing paragraph (g). 

Title 49—Transportation 

For the reasons set forth in the 

preamble, the National Highway Traffic 

Safety Administration is amending title 

49, chapter V, of the Code of Federal 

Regulations as follows: 

PART 535—MEDIUM- AND HEAVYDUTY VEHICLE FUEL EFFICIENCY 

PROGRAM 

■ 8. The authority citation for part 535 

is revised to read as follows: 

Authority: 49 U.S.C 32901, delegation of 

authority at 49 CFR 1.95. 

■ 9. Amend § 535.5 by: 

■ a. Revising paragraph (a)(4)(i) and 

adding paragraphs (a)(4)(v) and (vi); 

■ b. Revising paragraph (b)(2)(i) and 

adding paragraphs (b)(2)(iii) and (iv); 

and 

■ c. Revising paragraph (c)(2)(i) and 

adding paragraphs (c)(2)(iii), (c)(2)(iv); 

and 

■ d. Revising paragraph (c)(5). 

The revisions and additions read as 

follows: 

§ 535.5 Standards. 

(a) * * * 

(4) * * * 

(i) Manufacturers may choose 

voluntarily to comply early with fuel 

consumption standards for model years 

2013 through 2015, as determined in 

paragraphs (a)(4)(iii) and (iv) of this 

section, for example, in order to begin 

accumulating credits through overVerDate Mar<15>2010 17:24 Aug 15, 2013 Jkt 229001 PO 00000 Frm 00064 Fmt 4700 Sfmt 4700 E:\FR\FM\16AUR1.SGM 16AUR1

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Federal Register / Vol. 78, No. 159 / Friday, August 16, 2013 / Rules and Regulations 49967 

compliance with the applicable 

standard. A manufacturer choosing 

early compliance must comply with all 

the vehicles and engines it 

manufactures in each regulatory 

category for a given model year except 

as provided in paragraphs (a)(4)(v) and 

(vi) of this section. 

* * * * * 

(v) For model year 2013, a 

manufacturer can choose to comply 

with the standards in paragraph (a) of 

this section and generate early credits 

under § 535.7(b) by using the entire 

U.S.-directed production volume of 

vehicles other than electric vehicles as 

specified in 40 CFR 1037.150. The 

model year 2014 standards in paragraph 

(a) of this section apply for vehicles 

complying in model year 2013. If some 

test groups are certified by EPA after the 

start of the model year, the 

manufacturer may only generate credits 

under § 535.7(b) for the production that 

occurs after all test groups are certified 

in accordance with 40 CFR 1037.150 

(a)(2). 

(vi) For model year 2014, a 

manufacturer producing model year 

2014 vehicles before January 1, 2014, 

may optionally elect to comply with 

these standards for a partial model year 

that begins on January 1, 2014, and ends 

on the day the manufacturer’s model 

year would normally end if it meets the 

provisions in 40 CFR 1037.150(g). 

* * * * * 

(b) * * * 

(2) * * * 

(i) For model years 2013 through 

2015, a manufacturer may choose 

voluntarily to comply early with the 

fuel consumption standards provided in 

paragraph (b)(3) of this section. For 

example, a manufacturer may choose to 

comply early in order to begin 

accumulating credits through overcompliance with the applicable 

standards. A manufacturer choosing 

early compliance must comply with all 

the vehicles and engines it 

manufacturers in each regulatory 

category for a given model year except 

as provided in paragraphs (b)(2)(iii) 

through (iv) of this section. 

* * * * * 

(iii) For model year 2013, a 

manufacturer can choose to comply 

with the standards in this paragraph (b) 

and generate early credits under 

§ 535.7(c) by using the entire U.S.- 

directed production volume within any 

of its regulatory sub-categories of 

vehicles other than electric vehicles as 

specified in 40 CFR 1037.150. The 

model year 2014 standards in this 

paragraph (b) apply for vehicles 

complying in model year 2013. If some 

vehicle families within a regulatory 

subcategory are certified by EPA after 

the start of the model year, 

manufacturers may generate credits 

under § 535.7(c) only for production 

that occurs after all families are certified 

in accordance with 40 CFR 

1037.150(a)(1). 

(iv) For model year 2014, a 

manufacturer producing model year 

2014 vehicles before January 1, 2014, 

may optionally elect to comply with 

these standards for a partial model year 

that begins on January 1, 2014, and ends 

on the day the manufacturer’s model 

year would normally end if it meets the 

provisions in 40 CFR 1037.150(g). 

* * * * * 

(c) * * * 

(2) * * * 

(i) For model years 2013 through 

2015, a manufacturer may choose 

voluntarily to comply early with the 

fuel consumption standards provided in 

paragraph (c)(3) of this section. For 

example, a manufacturer may choose to 

comply early in order to begin 

accumulating credits through overcompliance with the applicable 

standards. A manufacturer choosing 

early compliance must comply with all 

the vehicles and engines it 

manufacturers in each regulatory 

category for a given model year except 

as provided in paragraphs (c)(2)(iii) 

through (iv) of this section. 

* * * * * 

(iii) For model year 2013, a 

manufacturer can choose to comply 

with the standards in this paragraph (c) 

and generate early credits under 

§ 535.7(c) by using the entire U.S.- 

directed production volume within any 

of its regulatory sub-categories of 

vehicles other than electric vehicles as 

specified in 40 CFR 1037.150. The 

model year 2014 standards in this 

paragraph (c) apply for vehicles 

complying in model year 2013. If some 

vehicle families within a regulatory 

subcategory are certified by EPA after 

the start of the model year, 

manufacturers may generate credits 

under § 535.7(c) only for production 

that occurs after all families are certified 

in accordance with 40 CFR 

1037.150(a)(1). 

(iv) For model year 2014, a 

manufacturer producing model year 

2014 vehicles before January 1, 2014, 

may optionally elect to comply with 

these standards for a partial model year 

that begins on January 1, 2014, and ends 

on the day the manufacturer’s model 

year would normally end if it meets the 

provisions in 40 CFR 1037.150(g). 

* * * * * 

(5) Vocational tractors. Tractors 

meeting the definition of vocational 

tractors in 49 CFR 523.2 for purposes of 

certifying vehicles to fuel consumption 

standards, are divided into families of 

vehicles as specified in 40 CFR 

1037.230(a)(1) and must comply with 

standards for heavy-duty vocational 

vehicles and engines of the same weight 

class specified in paragraphs (b) and (d) 

of this section. Class 7 and Class 8 

tractors certified or exempted as 

vocational tractors are limited in 

production to no more than 21,000 

vehicles in any three consecutive model 

years. If a manufacturer is determined as 

not applying this allowance in good 

faith by the EPA in its applications for 

certification in accordance with 40 CFR 

1037.205 and 1037.630, a manufacturer 

must comply with the tractor fuel 

consumption standards in paragraph 

(c)(3) of this section. Vocational tractors 

generating credits can trade and transfer 

credits in the same averaging sets as 

tractors and vocational vehicles in the 

same weight class. 

* * * * * 

Dated: August 8, 2013. 

David L. Strickland, 

Administrator, National Highway Traffic 

Safety Administration, Department of 

Transportation. 

Dated: August 8, 2013. 

Janet G. McCabe, 

Acting Assistant Administrator, Office of Air 

and Radiation, Environmental Protection 

Agency. 

[FR Doc. 2013–19880 Filed 8–15–13; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 120604138–3684–03] 

RIN 0648–BC21 

Magnuson-Stevens Fishery 

Conservation and Management Act 

Provisions; Fisheries of the 

Northeastern United States; Atlantic 

Surfclam and Ocean Quahog Fishery 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: This final rule reopens an 

additional portion of the Georges Bank 

Closed Area to the harvest of Atlantic 

surfclams and ocean quahogs. This final 


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