[Federal Register Volume 63, Number 85 (Monday, May 4, 1998)]
[Rules and Regulations]
[Pages 24446-24449]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-10718]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 86

[FRL-5999-7]


Amendments to the Test Procedures for Heavy-Duty Engines, and 
Light-Duty Vehicles and Trucks and Amendments to the Emission Standard 
Provisions for Gaseous Fueled Vehicles and Engines

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: On September 5, 1997, EPA promulgated a direct final 
rulemaking that amended several sections of the heavy-duty engine test 
procedure regulations. These changes were needed in order to 
accommodate the use of new testing equipment, to provide greater 
flexibility in the type of testing equipment used and to ensure uniform 
calibration and use of the testing equipment. EPA stated that it would 
withdraw any provisions that received adverse or critical comments. EPA 
also published a notice of proposed rulemaking at that time proposing 
the same amendments. Due to adverse comments that were received 
regarding three provisions of the final rule, EPA is removing those 
three provisions in this action. The Agency intends to issue in the 
near future a final rule addressing these provisions.

EFFECTIVE DATE: June 3, 1998.

ADDRESSES: Materials relevant to this rulemaking are contained in 
Docket No. A-96-07, and are available for public inspection and 
photocopying between 8 a.m. and 5:30 p.m. Monday through Friday. EPA 
may charge a reasonable fee for copying docket materials.

FOR FURTHER INFORMATION CONTACT: Mr. Jaime Pagan, U.S. EPA, Engine 
Programs and Compliance Division, 2565 Plymouth Road, Ann Arbor, MI 
48105. Telephone (734) 668-4574.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction
II. Administrative Designation and Regulatory Analysis
III. Regulatory Flexibility
IV. Unfunded Mandates
V. Paperwork Reduction Act
VI. Submissions to Congress and the General Accounting Office
VII. Copies of Rulemaking Documents

I. Introduction

    On September 5, 1997, EPA published a direct final rule (62 FR 
47114) and accompanying notice of proposed rule

[[Page 24447]]

(62 FR 46937) making amendments to the test procedures for heavy-duty 
engines and light duty vehicles and trucks. The changes were made in 
order to accommodate the use of new testing equipment and clarify 
certain issues that had been identified since the test procedures were 
first promulgated. Although EPA believed that the action was non-
controversial, adverse comments were received from the Engine 
Manufacturers Association (EMA) and from the American Automobile 
Manufacturers Association (AAMA). Their respective adverse comments 
have been placed in the public docket for viewing.
    Both of the comments received by EPA referred to changes made to 
Secs. 86.1333-90, 86.119-90. 86-1319-84 and 86.1319-90. In 
Sec. 86.1333-90 EPA provided a new requirement for cycle verification 
at idle conditions. The new requirement stated that for idle segments 
that are seven seconds or longer, the average feedback torque must fall 
within <plus-minus>10 ft-lb of CITT. Both EMA and AAMA commented that 
current dynamometer systems utilized might not be capable of 
controlling torque to this specification and thus the time period might 
have to be lengthened or modifications made to dynamometer control 
systems.
    EPA also revised Secs. 86.119-90, 86.1319-84 and 86.1390-90 to 
require manufacturers to verify that the critical flow venturi is 
achieving critical flow when using a CFV-CVS sampling system during the 
emissions test. Both EMA and AAMA commented that, although they agree 
with the technical merits of such requirement, more lead time would be 
needed to make the software and hardware changes necessary to comply.
    Finally, EPA made a correction to its light-duty diesel fuel cetane 
specification in Sec. 86.113-94. In the Gaseous Fuels Rule (59 FR 
48472) modifications to the section specifying certification fuel 
parameters for light-duty vehicles and trucks resulted in inadvertent 
changes to the diesel fuel specifications. In its comments, AAMA 
expressed concern that the change will not provide sufficient lead time 
for manufacturers to comply and that, in addition, diesel hydrocarbon 
emissions are sensitive to cetane levels and thus in-use compliance 
issues could be created in the future.
    As a result of these adverse comments, EPA is removing the 
provisions of the direct final rule that pertain to the comments 
received. EPA is thus reinstating the regulatory language in those 
provisions as it was prior to the publication of the direct final rule 
on September 5, 1997. EPA's decision to remove these regulatory changes 
is not based on EPA's agreement or disagreement with the adverse 
comments received. The removal is based solely on the receipt of the 
comments themselves. As stated in the September 5, 1997 rule, the 
provisions would become effective only if no persons submitted adverse 
comments or requested an opportunity to comment.
    As noted above, EPA published a notice of proposed rulemaking on 
September 5, 1997 (62 FR 46937) to accompany the direct final rule 
published on that date. As noted in that notice of proposed rulemaking, 
if EPA received adverse comments, all public comments received 
regarding the direct final rule would be addressed in a subsequent 
final rule based on the proposed rule. The Agency would not institute a 
second comment period on the proposed rule.
    Therefore, EPA intends to issue a final rule in the near future 
regarding the portions of the direct final rule that the commenters 
addressed, and that are removed today. EPA will take the comments it 
has received into account in promulgating this final rule. No further 
comment period is contemplated prior to completion of the final rule.

II. Administrative Designation and Regulatory Analysis

    Under Executive Order 12866 [58 FR 51735 (October 4, 1993)], the 
Agency must determine whether this regulatory action is ``significant 
and therefore subject to Office of Management and Budget (OMB) review 
and the requirements of the Executive Order. The Order defines 
``significant'' regulatory action as one that is likely to result in a 
rule that may:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local or tribal governments or communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    Pursuant to the terms of Executive Order 12866, EPA has determined 
that this action is not a ``significant'' regulatory action within the 
meaning of the Executive Order and is therefore not subject to OMB 
review.

III. Regulatory Flexibility

    EPA has determined that it is not necessary to prepare a regulatory 
flexibility analysis in connection with this final rule. In support of 
its proposed rule entitled Control of Emissions of Air Pollution from 
Highway Heavy-Duty Engines (61 FR 33421, June 27, 1996), EPA 
characterized the heavy-duty engine manufacturing industry in Chapter 3 
of its Regulatory Impact Analysis (RIA). Based on that 
characterization, EPA has determined that these technical amendments 
will not have a significant impact on a substantial number of small 
entities.

IV. Unfunded Mandates

    Under section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA 
must prepare a written statement to accompany any rule where the 
estimated costs to State, local, or tribal governments, or to the 
private sector will be $100 million or more in any one year. Under 
section 205, EPA must select the most cost-effective and least 
burdensome alternative that achieves the objective of the rule and that 
is consistent with statutory requirements. Section 203 requires EPA to 
establish a plan for informing and advising any small governments that 
may be significantly and uniquely impacted by the rule. EPA has 
determined that the costs to State, local, or tribal governments, or 
the private sector, from this rule will be less than $100 million.

V. Paperwork Reduction Act

    The technical amendments promulgated by this action do not create 
or change the information collection burden under the provisions of the 
Paperwork Reduction Act, 44 U.S.C. 3501 et.seq. The Office of 
Management and Budget (OMB) has previously approved the information 
collection requirements already contained in all the Part 86 sections 
amended by this action and has assigned OMB control numbers 2060-0104 
and 2060-0064.

VI. Submission to Congress and the General Accounting Office

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report which includes a copy of the rule, 
to each House of

[[Page 24448]]

Congress and to the Comptroller General of the United States. EPA will 
submit a report containing this rule and other required information to 
the U.S. Senate, U.S. House of Representatives, and the Comptroller 
General of the United States prior to publication of the rule in the 
Federal Register. This rule is not a ``major rule'' defined by 5 U.S.C. 
804(2).

VII. Copies of Rulemaking Documents

    Electronic copies of the preamble and the regulatory text of this 
rule are available via the Internet on the Office of Mobile Sources 
(OMS) Home Page (http://www.epa.gov/OMSWWW/). This service is free of 
charge, except for any cost you already incur for Internet 
connectivity. An electronic version is made available on the day of 
publication on the primary Web site (<a href="http://www.epa.gov/docs/fedrgstr/
EPA-AIR/">http://www.epa.gov/docs/fedrgstr/
EPA-AIR/</a>).
    Please note that due to differences between the software used to 
develop the documents and the software into which the documents may be 
downloaded, changes in format, page length, etc., may occur.

List of Subjects in 40 CFR Part 86

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Confidential business information, Gasoline, 
Incorporation by reference, Labeling, Motor vehicle pollution, Motor 
vehicles, Reporting and recordkeeping requirements.

    Dated: April 14, 1998.
Carol M. Browner,
Administrator.

    For the reasons set forth in the preamble, part 86 of chapter I of 
title 40 of the Code of Federal Regulations is amended as follows:

PART 86--CONTROL OF AIR POLLUTION FROM NEW AND IN-USE MOTOR 
VEHICLES AND NEW AND IN-USE MOTOR VEHICLE ENGINES: CERTIFICATION 
AND TEST PROCEDURES

    1. The authority citation for part 86 continues to read as follows:

    Authority: 42 U.S.C. 7401-7671q.

    2. Section 86.113-94 of subpart B is amended by revising the table 
after paragraph (b)(2) to read as follows:


Sec. 86.113-94  Fuel specifications.

* * * * *
    (b) * * *
    (2) * * *

----------------------------------------------------------------------------------------------------------------
                  Item                                                  ASTM test method No.        Type 2-D    
----------------------------------------------------------------------------------------------------------------
Cetane Number...........................  .........................  D613                                  42-50
Distillation range:                       .........................  .........................  ................
    IBP.................................   deg.F                     D86                                 340-400
                                          ( deg.C)                   .........................     (171.1-204.4)
    10 pct. point.......................   deg.F                     D86                                 400-460
                                          ( deg.C)                   .........................     (204.4-237.8)
    50 pct. point.......................   deg.F                     D86                                 470-540
                                          ( deg.C)                   .........................     (243.3-282.2)
    90 pct. point.......................   deg.F                     D86                                 560-630
                                          ( deg.C)                   .........................     (293.3-332.2)
    EP..................................   deg.F                     D86                                 610-690
                                          ( deg.C)                   .........................     (321.1-365.6)
Gravity.................................   deg.API                   D287                                  32-37
Total sulfur............................  pct.                       D2622                             0.03-0.05
Hydrocarbon composition:                                                                                        
    Aromatics, min......................  pct.                       D1319                                    27
    Paraffins,..........................  .........................   D1319                                (\1\)
    Naphthenes,.........................  .........................  .........................  ................
    Olefins.............................  .........................  .........................  ................
Flashpoint, min.........................   deg.F                     D93                                     130
                                          ( deg.C)                   .........................            (54.4)
Viscosity, centistokes..................  .........................   D445                              2.0-3.2 
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\1\ Remainder.                                                                                                  

* * * * *
    3. Section 86.119-90 of Subpart B is amended by revising paragraph 
(b)(3) and removing paragraph (b)(8) to read as follows:


Sec. 86.119-90  CVS calibration.

* * * * *
    (b) * * *
    (3) Measurements necessary for flow calibration are as follows:

                                          Calibration Data Measurements                                         
----------------------------------------------------------------------------------------------------------------
             Parameter                    Symbol              Units                      Tolerances             
----------------------------------------------------------------------------------------------------------------
Barometric pressure (corrected)...  P<INF>b                 Inches Hg (kPa)....  <plus-minus>.01 in Hg (<plus-       
                                                                             minus>.034 kPa).                   
Air temperature, flowmeter........  ETI                 deg.F ( deg.C)....  <plus-minus>.25 deg.F (<plus-       
                                                                             minus>.14 deg.C).                  
Pressure depression upstream of     EPI                Inches H2O (kPa)...  <plus-minus>.05 in H<INF>2O (<plus-      
 LFE.                                                                        minus>.012 kPa).                   
Pressure drop across LFE matrix...  EDP                Inches H2O (kPa)...  <plus-minus>.005 in H<INF>2O (<plus-     
                                                                             minus>.001 kPa).                   
Air flow..........................  Q<INF>s                 Ft \3\/min. (m \3\/  <plus-minus>.5 pct.                 
                                                        min,).                                                  

[[Page 24449]]

                                                                                                                
CFV inlet depression..............  PPI                Inches fluid (kPa).  <plus-minus>.13 in fluid (<plus-    
                                                                             minus>.055 kPa).                   
Temperature at venturi inlet......  T<INF>v                  deg.F ( deg.C)....  <plus-minus>0.5 deg.F (<plus-       
                                                                             minus>.28 deg.C).                  
Specific gravity of manometer       Sp. Gr                                                                      
 fluid (1.75 oil).                                                                                              
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* * * * *
    4. Section 86.1319-84 of Subpart N is amended by revising paragraph 
(d)(3) and removing paragraph (d)(8) to read as follows:


Sec. 86.1319-84  CVS calibration.

* * * * *
    (d) * * *
    (3) Measurements necessary for flow calibration are as follows:

                                          Calibration Data Measurements                                         
----------------------------------------------------------------------------------------------------------------
             Parameter                    Symbol              Units                      Tolerances             
----------------------------------------------------------------------------------------------------------------
Barometric pressure (corrected)...  P<INF>b                 Inches Hg (kPa)....  <plus-minus>.01 in Hg (<plus-       
                                                                             minus>.034 kPa).                   
Air temperature, flowmeter........  ETI                 deg.F ( deg.C)....  <plus-minus>.25 deg.F (<plus-       
                                                                             minus>.14 deg.C).                  
Pressure depression upstream of     EPI                Inches H2O (kPa)...  <plus-minus>.05 in H<INF>2O (<plus-      
 LFE.                                                                        minus>.012 kPa).                   
Pressure drop across LFE matrix...  EDP                Inches H2O (kPa)...  <plus-minus>.005 in H<INF>2O (<plus-     
                                                                             minus>.001 kPa).                   
Air flow..........................  Q<INF>s                 Ft\3\/min. (m\3\/    <plus-minus>.5 pct.                 
                                                        min,).                                                  
CFV inlet depression..............  PPI                Inches fluid (kPa).  <plus-minus>.13 in fluid (<plus-    
                                                                             minus>.055 kPa).                   
Temperature at venturi inlet......  T<INF>v                  deg.F ( deg.C)....  <plus-minus>0.5 deg.F (<plus-       
                                                                             minus>0.28 deg.C).                 
Specific gravity of manometer       Sp. Gr                                                                      
 fluid (1.75 oil).                                                                                              
----------------------------------------------------------------------------------------------------------------

* * * * *
    5. Section 86.1319-90 of Subpart N is amended by revising paragraph 
(d)(3) and removing paragraph (d)(8) to read as follows:


Sec. 86.1319-90  CVS calibration.

* * * * *
    (d) * * *
    (3) Measurements necessary for flow calibration are as follows:

                                          Calibration Data Measurements                                         
----------------------------------------------------------------------------------------------------------------
             Parameter                    Symbol              Units               Sensor-readout tolerances     
----------------------------------------------------------------------------------------------------------------
Barometric pressure (corrected)...  P<INF>b                 in Hg (kPa)........  <plus-minus>.01 in Hg (<plus-       
                                                                             minus>.034 kPa).                   
Air temperature, into flowmeter...  ETI                 deg.F ( deg.C)....  <plus-minus>0.5  deg.F (<plus-      
                                                                             minus>0.28  deg.C).                
Pressure drop between the inlet     EDP                Inches H2O (kPa)...  <plus-minus>0.05 in H<INF>2O (<plus-     
 and throat of metering venturi.                                             minus>0.012 kPa).                  
Air flow..........................  Q<INF>s                 Ft\3\/min. (m\3\/    <plus-minus>.5% of NBS ``true''     
                                                        min,).               value.                             
CFV inlet depression..............  PPI                Inches fluid (kPa).  <plus-minus>.13 in fluid (<plus-    
                                                                             minus>.055 kPa).                   
Temperature at venturi inlet......  T<INF>v                  deg.F ( deg.C)....  <plus-minus>4.0  deg.F (<plus-      
                                                                             minus>2.22  deg.C).                
Specific gravity of manometer       Sp. Gr                                                                      
 fluid (1.75 oil).                                                                                              
----------------------------------------------------------------------------------------------------------------

* * * * *
    6. Section 86.1333-90 of Subpart N is amended by revising 
paragraphs (d) heading and introductory text, (d)(1) and (d)(2) to read 
as follows:


Sec. 86.1333-90  Transient test cycle generation.

* * * * *
    (d) Cold start enhancement devices. The zero percent speed 
specified in the engine dynamometer schedules (appendix I (f)(1), 
(f)(2) or (f)(3) to this part) shall be superseded by proper operation 
of the engine's automatic cold start enhancement device.
    (1) During automatic cold start enhancement device operation, a 
manual transmission engine shall be allowed to idle at whatever speed 
is required to produce a feedback torque of 0 ft-lbs. <plus-minus>10 
ft-lbs. (using, for example, clutch disengagement, speed to torque 
control switching, software overrides, etc.) at those points in 
appendix I (f)(1), (f)(2), or (f)(3) to this part where both reference 
speed and reference torque are zero percent values.
    (2) During automatic cold start enhancement device operation, an 
automatic transmission engine shall be allowed to idle at whatever 
speed is required to produce a feedback torque of CITT ft-lbs. 
<plus-minus>10 ft-lbs. (see paragraph (e)(2) of this section for 
definition of CITT) at those points in appendix I (f)(1), (f)(2), or 
(f)(3) to this part where both reference speed and reference torque are 
zero percent values.
* * * * *
[FR Doc. 98-10718 Filed 5-1-98; 8:45 am]
BILLING CODE 6560-50-P