128 Federal Register / Vol. 61, No. 2 / Wednesday, January 3, 1996 / Rules and Regulations

An ILEV must be able to operate on only

one fuel, or must be certified as an ILEV

on all fuels on which it can operate.

These vehicles shall also comply with

all requirements of 40 CFR part 86

which are applicable to conventional

gasoline-fueled, methanol-fueled,

diesel-fueled, natural gas-fueled or

liquified petroleum gas-fueled LDVs/

LDTs of the same vehicle class and

model year.

(d) Heavy-duty vehicles. ILEVs in the

HDV class shall have exhaust emissions

which do not exceed the exhaust

emission standards in grams per brake

horsepower-hour listed in § 88.105–

94(d). Exhaust emissions shall be

measured in accordance with the test

procedures specified in § 88.105–94(e).

An ILEV must be able to operate on only

one fuel, or must be certified as an ILEV

on all fuels on which it can operate.

These vehicles shall also comply with

all requirements of 40 CFR part 86

which are applicable in the case of

conventional gasoline-fueled, methanolfueled, diesel-fueled, natural gas-fueled

or liquified petroleum gas-fueled HDVs

of the same weight class and model

year.

* * * * *

9. Section 88.312–93 of subpart C is

amended by revising paragraphs (a)(1)

and (c)(2)(ii) to read as follows:

§ 88.312–93 Inherently Low-Emission

Vehicle Labeling.

* * * * *

(a) Label design. (1) Label design shall

consist of either of the following

specifications:

(i) The label shall consist of a white

rectangular background, approximately

12 inches (30 centimeters) high by 18

inches (45 centimeters) wide, with

‘‘CLEAN AIR VEHICLE’’ printed in

contrasting block capital letters at least

4.3 inches (10.6 centimeters) tall and 1.8

inches (4.4 centimeters) wide with a

stroke width not less than 0.5 inches

(1.3 centimeters). In addition, the words

‘‘INHERENTLY LOW-EMISSION

VEHICLE’’ must be present in lettering

no smaller than 1 inch (2.5 centimeters)

high. Nothing shall be added to the label

which impairs readability. Labels shall

include a serialized identification

number; or

(ii) The label shall consist of a white

truncated-circular background,

approximately 10 inches (25

centimeters) in diameter by 7 inches

(17.5 centimeters) in height. The bottom

edge of the truncated-circular

background shall be approximately 2

inches (5 centimeters) from the center.

The acronym ‘‘ILEV’’ shall be printed on

the label in contrasting block capital

letters at least 2 inches (5 centimeters)

tall and 1.5 inches (3.8 centimeters)

wide with a stroke width not less than

0.4 inches (1.0 centimeter). In addition,

the words ‘‘CLEAN AIR VEHICLE’’ must

be present in lettering no smaller than

0.8 inches (2.0 centimeters) high.

Nothing shall be added to the label

which impairs readability. Labels shall

include a serialized identification

number.

* * * * *

(c) * * *

(2) * * *

(ii) In the case that an ILEV label of

the proportions specified in paragraph

(a)(1) of this section cannot be attached

to the rear of the ILEV, the manufacturer

or the manufacturer’s agent shall attach

to the rear of the vehicle an ILEV label

of either of the following proportions:

(A) The label shall consist of a white

rectangular background, approximately

4 inches (10 centimeters) high by 24

inches (60 centimeters) wide, with

‘‘CLEAN AIR VEHICLE’’ printed in

contrasting block capital letters at least

2.8 inches (7 centimeters) tall and 1.3

inches (3.3 centimeters) wide with a

stroke width not less than 0.3 inches

(0.8 centimeter). In addition, the words

‘‘INHERENTLY LOW-EMISSION

VEHICLE’’ must be present in lettering

no smaller than 0.6 inches (1.5

centimeters) high. Nothing shall be

added to the label which impairs

readability. Labels shall include a

serialized identification number; or

(B) The label shall consist of a white

truncated-circular background,

approximately 5 inches (12.5

centimeters) in diameter by 3.5 inches

(8.8 centimeters) in height. The bottom

edge of the truncated-circular

background shall be approximately 1

inch (2.5 centimeters) from the center.

The acronym ‘‘ILEV’’ shall be printed on

the label in contrasting block capital

letters at least 1 inch (2.5 centimeters)

tall and 0.8 inches (2.0 centimeters)

wide with a stroke width not less than

0.3 inches (0.8 centimeters). In addition,

the words ‘‘CLEAN AIR VEHICLE’’ must

be present in lettering no smaller than

0.4 inches (1.0 centimeter) high.

Nothing shall be added to the label

which impairs readability. Labels shall

include a serialized identification

number.

* * * * *

10. Table C94–1.1 to subpart C of part

88 is revised to read as follows:

Tables to Subpart C of Part 88

TABLE C94–1.—FLEET CREDIT TABLE BASED ON REDUCTION IN NMOG. VEHICLE EQUIVALENTS FOR LIGHT-DUTY

VEHICLES AND LIGHT-DUTY TRUCKS

TABLE C94–1.1.—CREDIT GENERATION: PURCHASING MORE CLEAN-FUEL VEHICLES THAN REQUIRED BY THE MANDATE

NMOG

LDV, LDT

≤6000

GVWR,

≤3750 LVW

LDT ≤6000

GVWR,

>3750 LVW

≤5750 LVW

LDT >6000

GVWR,

≤3750

ALVW

LDT >6000

GVWR,

>3750

ALVW

≤5750

ALVW

LDT >6000

GVWR,

>5750

ALVW

LEV ........................................................................................................... 1.00 1.26 0.71 0.91 1.11

ULEV ........................................................................................................ 1.20 1.54 1.00 1.26 1.56

ZEV .......................................................................................................... 1.43 1.83 1.43 1.83 2.23

* * * * *

[FR Doc. 96–103 Filed 1–2–96; 8:45 am]

BILLING CODE 6560–50–P
Federal Register / Vol. 61, No. 2 / Wednesday, January 3, 1996 / Rules and Regulations 129

40 CFR Part 88

[AMS–FRL–5347–1]

Conversions Sales Volume Limit

Provisions for Small Volume

Manufacturers Certification of the Final

Rule Entitled ‘‘Emission Standards for

Clean Vehicles and Engines,

Requirements for Clean-Fuel Vehicle

Conversions, and California Pilot Test

Program’’

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule; removal of direct

final rule provision.

SUMMARY: On September 30, 1994 (59

FR 50042), EPA published the final rule

establishing emission standards for

clean-fuel vehicles (CFVs) and engines

and requirements for CFV conversions.

As a part of this final rule, EPA

published a direct final rulemaking

(DFRM) intended to apply a 10,000

vehicle sales volume limit (EPA’s

current Small-Volume Manufacturers

Certification Program limit) to vehicle

converters seeking to certify their

conversion configurations as CFVs

under EPA’s Small-Volume Certification

Program. EPA is removing this

provision because adverse or critical

comments were received by the Agency

prior to October 31, 1994 (the published

deadline for submitting comments).

EFFECTIVE DATE: This action is effective

January 3, 1996.

ADDRESSES: Materials directly relevant

to the direct final rule are contained in

Public Docket A–92–30 located at: Air

and Radiation Docket and Information

Center, Room M–1500, Waterside Mall

(ground floor), U.S. Environmental

Protection Agency, 401 M Street SW,

Washington, D.C. 20460. The docket

may be inspected from 8 a.m. until 4

p.m. Monday through Friday. As

provided in 40 CFR part 2, a reasonable

fee may be charged by EPA for copying

docket materials.

FOR FURTHER INFORMATION CONTACT: Mr.

Bryan Manning, U.S. EPA (SRPB–12),

Regulation Development and Support

Division, 2565 Plymouth Road, Ann

Arbor, MI 48105, Telephone: (313) 741–

7832.

SUPPLEMENTARY INFORMATION:

I. Accessing Electronic Copies of

Rulemaking Documents through the

Technology Transfer Network Bulletin

Board System (TTNBBS)

A copy of this action is available

through TTNBBS under OMS,

Rulemaking and Reporting, Alternative

Fuels, Clean Fuel Fleets. TTNBBS is

available 24 hours a day, 7 days a week

except Monday morning from 8–12 EST,

when the system is down for

maintenance and backup. For help in

accessing the system, call the systems

operator at 919–541–5384 in Research

Triangle Park, North Carolina, during

normal business hours EST.

II. Description of Action

The Clean Air Act requires EPA to

establish, by regulation, emission

standards for clean-fuel vehicles (CFVs)

pursuant to sections 242 and 243 of the

Act. On September 30, 1994, EPA

promulgated such emissions standards

for all CFVs, including vehicles

converted from conventional vehicles to

CFVs. See 59 FR 50042. That

rulemaking included a regulatory

provision that adopted a sales volume

limit of 10,000 converted vehicles for

converters seeking to certify as small

volume manufacturers. The SmallVolume Manufacturers certification

program exempts manufacturers with

annual sales of 10,000 or less from

EPA’s full certification program. EPA

had intended to implement the 10,000

limit for CFV conversion certification

under the small-volume manufacturers

provisions to make the treatment of

CFVs consistent with that of other

conventional and alternative-fueled

vehicles. A discussion of EPA’s

perspective on this regulatory provision

was presented in Section II, Part B of the

Clean Fuel Vehicle Conversions Final

Rule. See 59 FR 50063–50064

(September 30, 1994).

EPA did not include this sales volume

limit in its proposed clean-fuel vehicle

regulations (See 58 FR 32474, June 10,

1993). EPA promulgated this provision

in the final rule establishing the CFV

standards through a direct final

rulemaking process, because the Agency

considered it a noncontroversial action

and did not anticipate adverse

comment. However, EPA did receive

adverse comment during the comment

period provided for the sales volume

limit. Specifically, the Natural Gas

Vehicle Coalition (NGVC) commented

that certification is more burdensome

for conversion companies compared to

Original Equipment Manufacturers

(OEMs) since the relative costs of the

end products of the two types of

business are very different and the

opportunity to recover certification

costs by increasing product prices is

much more limited for converters. Since

adverse comments were received on this

direct final action, EPA is removing the

volume limit for converters seeking to

use the provisions for small-volume

manufacturers. In another document

elsewhere in this Federal Register, EPA

is proposing to adopt this volume limit

for application of small volume

manufacturer provisions to certification

of CFV conversions. Interested parties

should refer to the ‘‘Proposed Rules’’

section of this Federal Register for that

proposal.

EPA’s removal of 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 comment itself. As stated in the

September 30, 1994, rule, the sales

volume limit would be effective only if

no persons submitted adverse comments

or requested an opportunity to

comment. Section 88.306–94(b)(3) is

being revised for purposes of removing

the direct final rule provisions. In

addition to removing the volume limit

in this action, EPA is proposing new

provisions regarding the vehicle volume

limit for converters seeking certification

under the small volume manufacturers

provisions in a document elsewhere in

this Federal Register.

III. Statutory Authority

The statutory authority for this action

is granted to EPA by Sections 202, 203,

247, and 301 of the Clean Air Act.

List of Subjects in 40 CFR Part 88

Environmental protection,

Administrative practice and procedure,

Motor vehicle pollution, Reporting and

recordkeeping requirements.

Dated: November 27, 1995.

Carol M. Browner,

Administrator.

For the reasons set forth in the

preamble part 88 of title 40 of the Code

of Federal Regulations is amended as

follows:

PART 88—CLEAN-FUEL VEHICLES

1. The authority citation for Part 88

continues to read as follows:

Authority: 42 U.S.C. 7410, 7418, 7581,

7582, 7583, 7584, 7586, 7588, 7589, 7601(a).

2. Section 88.306–94 of subpart C is

amended by revising paragraph (b)(3) to

read as follows:

§ 88.306–94 Requirements for a converted

vehicle to qualify as a clean-fuel fleet

vehicle.

* * * * *

(b) * * *

(3) For the purpose of determining

whether certification under the SmallVolume Manufacturers Certification

Program pursuant to the requirements of

40 CFR 86.094–14 is permitted, the

10,000 sales volume limit in 40 CFR

86.094–14(b)(1) is waived for a certifier
130 Federal Register / Vol. 61, No. 2 / Wednesday, January 3, 1996 / Rules and Regulations

of a clean-fuel vehicle aftermarket

conversion.

* * * * *

[FR Doc. 96–102 Filed 1–2–96; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF DEFENSE

48 CFR Parts 225 and 252

Defense Federal Acquisition

Regulation Supplement; Uruguay

Round (1996 Agreement)

AGENCY: Department of Defense (DoD).

ACTION: Final rule.

SUMMARY: The Director of Defense

Procurement has amended the Defense

Federal Acquisition Regulation

Supplement (DFARS) to implement the

DoD-unique requirements of the

renegotiated General Agreement on

Tariffs and Trade (GATT) Government

Procurement Agreement (1996 Code)

(Uruguay Round), which becomes

effective January 1, 1996. This

agreement is implemented in statute by

the Uruguay Round Agreement Act,

Pub. L. 103–465, which amends the

Trade Agreements Act of 1979.

DATES: Effective date: January 1, 1996.

FOR FURTHER INFORMATION CONTACT: Ms.

Amy Williams, (703) 602–0131.

SUPPLEMENTARY INFORMATION:

A. Background

This final rule amends DFARS

225.402 and 252.225–7007, permitting

purchase of nondesignated country end

products, if sufficient U.S. made,

qualifying country, or eligible products

are not available. This implements

Section 343 of Pub. L. 103–465, which

amends Section 302(a) of the Trade

Agreements Act of 1979 (19 U.S.C.

2512(a)).

A proposed rule was published in the

Federal Register on October 13, 1995

(60 FR 53319). No comments were

received in response to the proposed

rule.

B. Regulatory Flexibility Act

The Department of Defense certifies

that this final rule will not have a

significant economic impact on a

substantial number of small entities

within the meaning of the Regulatory

Flexibility Act, 5 U.S.C. 601, et seq.,

because it permits purchase of

nondesignated country end products

without a waiver only if sufficient U.S.

made, qualifying country, or eligible

products are not available.

C. Paperwork Reduction Act

The final rule does not impose any

reporting or recordkeeping requirements

which require OMB approval under 44

U.S.C. 3501, et seq.

List of Subjects in 48 CFR Parts 225 and

252

Government procurement.

Michele P. Peterson,

Executive Editor, Defense Acquisition

Regulations Council.

Therefore, 48 CFR Parts 225 and 252

are amended as follows:

1. The authority citation for 48 CFR

Parts 225 and 252 continues to read as

follows:

Authority: 41 U.S.C. 421 and 48 CFR

Chapter 1.

PART 225—FOREIGN ACQUISITION

2. Section 225.402 is amended by

revising paragraph (c) to read as follows:

225.402 Policy.

(a) * * *

(c)(i) Except as provided in

paragraphs (c) (ii) and (iii) of this

section, do not purchase nondesignated

country end products subject to the

Trade Agreements Act unless they are

NAFTA, Caribbean Basin, or qualifying

country end products (see 225.872–1).

(ii) The prohibition in paragraph (c)(i)

of this section does not apply when the

contracting officer determines that offers

of U.S. made, qualifying country, or

eligible products from responsive,

responsible offerors are either—

(A) Not received; or

(B) Insufficient to fill the

Government’s requirements. In these

cases, accept all responsive, responsible

offers of U.S. made, qualifying country,

and eligible products before accepting

any other offers.

(iii) National interest waivers under

Section 302(b)(2) of the Trade

Agreements Act are approved on a caseby-case basis. Except as delegated in

paragraphs (c)(iii) (A) and (B) of this

section, a request for a national interest

waiver shall include supporting

rationale and be submitted under

department/agency procedures to the

Director of Defense Procurement.

(A) The head of the contracting

activity may approve a national interest

waiver for a purchase by an overseas

purchasing activity of products critical

to the support of U.S. forces stationed

abroad. The waiver must be supported

by a written statement from the

requiring activity stating that the

requirement is critical for the support of

U.S. forces stationed abroad.

(B) The Commander, Defense Fuel

Supply Center, may approve national

interest waivers for purchases of fuel for

use by U.S. forces overseas.

PART 252—SOLICITATION

PROVISIONS AND CONTRACT

CLAUSES

3. Section 252.225–7007 is amended

by revising the clause date to read ‘‘(JAN

1996)’’ and by revising paragraph (c)(1)

to read as follows:

252.225–7007 Trade Agreements.

* * * * *

Trade Agreements (Jan 1996)

* * * * *

(c) * * *

(1) Offerors may not supply a

nondesignated country end product unless—

(i) It is a qualifying country end product,

a Caribbean Basin country end product, or a

NAFTA country end product;

(ii) The Contracting Officer has determined

that offers of U.S. made end products or

qualifying, designated, NAFTA, or Caribbean

Basin country end products from responsive,

responsible offerors are either not received or

are insufficient to fill the Government’s

requirements; or

(iii) A national interest waiver has been

granted under Section 302 of the Trade

Agreements Act of 1979 (see FAR 25.402(c)).

* * * * *

[FR Doc. 96–3 Filed 1–2–96; 8:45 am]

BILLING CODE 5000–04–M