24446 Federal Register / Vol. 63, No. 85 / Monday, May 4, 1998 /Rules and Regulations

ACTION: Final Rule; correction of

effective date under CRA.

SUMMARY: On July 3, 1997 (62 FR

35972), the Environmental Protection

Agency published in the Federal

Register a direct final action to correct

entries to the table in § 81.331 of Title

40 of the Code of Federal Regulations

(CFR) for ‘‘New Jersey-Carbon

Monoxide,’’ which established an

effective date of July 3, 1997. This

document corrects the effective date of

the rule to May 4, 1998 to be consistent

with sections 801 and 808 of the

Congressional Review Act (CRA),

enacted as part of the Small Business

Regulatory Enforcement Fairness Act, 5

U.S.C. 801 and 808.

EFFECTIVE DATE: This rule is effective on

May 4, 1998.

FOR FURTHER INFORMATION CONTACT:

Tom Eagles, Office of Air at (202) 250–

5585.

SUPPLEMENTARY INFORMATION:

I. Background

Section 801 of the CRA precludes a

rule from taking effect until the agency

promulgating the rule submits a rule

report, which includes a copy of the

rule, to each House of Congress and to

the Comptroller General of the General

Accounting Office (GAO) EPA recently

discovered that it had inadvertently

failed to submit the above rule as

required; thus, although the rule was

promulgated on the date stated in the

July 3, 1997, Federal Register

document, by operation of law, the rule

did not take effect on July 3, 1997, as

stated therein. Now that EPA has

discovered its error, the rule has been

submitted to both Houses of Congress

and the GAO. This document amends

the effective date the rule consistent

with the provisions of the CRA.

Section 553 of the Administrative

Procedure Act, 5 U.S.C. 553(b)(B),

provides that, when an agency for good

cause finds that notice and public

procedure are impracticable,

unnecessary or contrary to the public

interest, an agency may issue a rule

without providing notice and an

opportunity for public comment. EPA

has determined that there is good cause

for making today’s rule final without

prior proposal and opportunity for

comment because EPA merely is

correcting the effective date of the

promulgated rule to be consistent with

the congressional review requirements

of the Congressional Review Act as a

matter of law and has no discretion in

this matter. Thus, notice and public

procedure are unnecessary. The Agency

finds that this constitutes good cause

under 5 U.S.C. 553(b)(B). Moreover,

since today’s action does not create any

new regulatory requirements and

affected parties have known of the

underlying rule since July 3, 1997, EPA

finds that good cause exists to provide

for an immediate effective date pursuant

to 5 U.S.C. 553(d)(3) and 808(2).

II. Administrative Requirements

Under Executive Order 12866 (58 FR

51735, October 4, 1993), this action is

not a ‘‘significant regulatory action’’ and

is therefore not subject to review by the

Office of Management and Budget. In

addition, this action does not impose

any enforceable duty or contain any

unfunded mandate as described in the

Unfunded Mandates Reform Act of 1995

(Pub. L. 104–4), or require prior

consultation with State officials as

specified by Executive Order 12875 (58

FR 58093, October 28, 1993), or involve

special consideration of environmental

justice related issues as required by

Executive Order 12898 (59 FR 7629,

February 16, 1994). Because this action

is not subject to notice-and-comment

requirements under the Administrative

Procedure Act or any other statute, it is

not subject to the regulatory flexibility

provisions of the Regulatory Flexibility

Act (5 U.S.C. 601 et seq.) EPA’s

compliance with these statutes and

Executive Orders for the underlying rule

is discussed in the July 3, 1997, Federal

Register document.

Pursuant to 5 U.S.C. 801(a)(1)(A), as

added by the Small Business Regulatory

Enforcement Fairness Act of 1996, EPA

will submit a report containing this rule

and other required information to the

U.S. Senate, the U.S. House of

Representatives and the Comptroller

General of the General Accounting

Office; however, in accordance with 5

U.S.C. 808(2), this rule is effective on

May 4, 1998. This rule is not a ‘‘major

rule’’ as defined in 5 U.S.C. 804(2).

This final rule only amends the

effective date of the underlying rule; it

does not amend any substantive

requirements contained in the rule.

Accordingly, to the extent it is available,

judicial review is limited to the

amended effective date.

Dated: April 22, 1998.

Carol Browner,

Administrator.

[FR Doc. 98–11546 Filed 5–1–98; 8:45 am]

BILLING CODE 6560–50–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 86

[FRL–5999–7]

Amendments to the Test Procedures

for Heavy-Duty Engines, and LightDuty Vehicles and Trucks and

Amendments to the Emission Standard

Provisions for Gaseous Fueled

Vehicles and Engines

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

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 Paga ́n, 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
Federal Register / Vol. 63, No. 85 / Monday, May 4, 1998 /Rules and Regulations 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

§§ 86.1333–90, 86.119–90. 86–1319–84

and 86.1319–90. In § 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 ±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 §§ 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 § 86.113–94. In the

Gaseous Fuels Rule (59 FR 48472)

modifications to the section specifying

certification fuel parameters for lightduty 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
24448 Federal Register / Vol. 63, No. 85 / Monday, May 4, 1998 /Rules and Regulations

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

(http://www.epa.gov/docs/fedrgstr/

EPA–AIR/).

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 INUSE 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:

§ 86.113–94 Fuel specifications.

* * * * *

(b) * * *

(2) * * *

Item

ASTM test

method

No.

Type 2–D

Cetane Number .................................................................................................................................... D613 42–50

Distillation range: ............................

IBP ................................................................................................................................................. °F D86 340–400

(°C) (171.1–204.4)

10 pct. point .................................................................................................................................. °F D86 400–460

(°C) (204.4–237.8)

50 pct. point .................................................................................................................................. °F D86 470–540

(°C) (243.3–282.2)

90 pct. point .................................................................................................................................. °F D86 560–630

(°C) (293.3–332.2)

EP .................................................................................................................................................. °F D86 610–690

(°C) (321.1–365.6)

Gravity .................................................................................................................................................. °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. .................................................................................................................................... °F D93 130

(°C) (54.4)

Viscosity, centistokes ........................................................................................................................... D445 2.0–3.2

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:

§ 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) ................................................................... Pb Inches Hg (kPa) ............ ±.01 in Hg (±.034 kPa).

Air temperature, flowmeter ............................................................................ ETI °F (°C) ........................... ±.25°F (±.14°C).

Pressure depression upstream of LFE ......................................................... EPI Inches H2O (kPa) ......... ±.05 in H2O (±.012 kPa).

Pressure drop across LFE matrix ................................................................. EDP Inches H2O (kPa) ......... ±.005 in H2O (±.001 kPa).

Air flow ........................................................................................................... Qs Ft 3/min. (m 3/min,) ......... ±.5 pct.
Federal Register / Vol. 63, No. 85 / Monday, May 4, 1998 /Rules and Regulations 24449

CALIBRATION DATA MEASUREMENTS—Continued

Parameter Symbol Units Tolerances

CFV inlet depression ..................................................................................... PPI Inches fluid (kPa) .......... ±.13 in fluid (±.055 kPa).

Temperature at venturi inlet .......................................................................... Tv °F (°C) ........................... ±0.5°F (±.28°C).

Specific gravity of manometer fluid (1.75 oil) ............................................... Sp. Gr

* * * * *

4. Section 86.1319–84 of Subpart N is amended by revising paragraph (d)(3) and removing paragraph (d)(8) to

read as follows:

§ 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) ................................................................... Pb Inches Hg (kPa) ............ ±.01 in Hg (±.034 kPa).

Air temperature, flowmeter ............................................................................ ETI °F (°C) ........................... ±.25°F (±.14°C).

Pressure depression upstream of LFE ......................................................... EPI Inches H2O (kPa) ......... ±.05 in H2O (±.012 kPa).

Pressure drop across LFE matrix ................................................................. EDP Inches H2O (kPa) ......... ±.005 in H2O (±.001 kPa).

Air flow ........................................................................................................... Qs Ft3/min. (m3/min,) .......... ±.5 pct.

CFV inlet depression ..................................................................................... PPI Inches fluid (kPa) .......... ±.13 in fluid (±.055 kPa).

Temperature at venturi inlet .......................................................................... Tv °F (°C) ........................... ±0.5°F (±0.28°C).

Specific gravity of manometer fluid (1.75 oil) ............................................... Sp. Gr

* * * * *

5. Section 86.1319–90 of Subpart N is amended by revising paragraph (d)(3) and removing paragraph (d)(8) to

read as follows:

§ 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) ................................................................... Pb in Hg (kPa) .................... ±.01 in Hg (±.034 kPa).

Air temperature, into flowmeter ..................................................................... ETI °F (°C) ........................... ±0.5 °F (±0.28 °C).

Pressure drop between the inlet and throat of metering venturi .................. EDP Inches H2O (kPa) ......... ±0.05 in H2O (±0.012 kPa).

Air flow ........................................................................................................... Qs Ft3/min. (m3/min,) .......... ±.5% of NBS ‘‘true’’ value.

CFV inlet depression ..................................................................................... PPI Inches fluid (kPa) .......... ±.13 in fluid (±.055 kPa).

Temperature at venturi inlet .......................................................................... Tv °F (°C) ........................... ±4.0 °F (±2.22 °C).

Specific gravity of manometer fluid (1.75 oil) ............................................... Sp. Gr

* * * * *

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:

§ 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. ±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. ±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