Air Pollution Control: Amendments To Regulations Governing the Importation of Nonconforming Vehicles |
|---|
|
Carol M. Browner
Environmental Protection Agency
March 24, 1994
[Federal Register Volume 59, Number 57 (Thursday, March 24, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 94-6949]
[[Page Unknown]]
[Federal Register: March 24, 1994]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 85 and 600
[FRL-4854-7]
Air Pollution Control: Amendments To Regulations Governing the
Importation of Nonconforming Vehicles
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing to amend 40 CFR part 85, subpart P to permit
the importation of certain motor vehicles and motor vehicle engines
from Canada without obtaining a certificate of conformity from EPA.
Such vehicles will be allowed entry into the United States provided a
commercial importer proves they are identical, in all material
respects, to a vehicle certified for sale in the United States. EPA is
proposing this change because it believes that many vehicles produced
by manufacturers for sale in Canada are identical to their United
States certified counterparts.
In addition to the changes in subpart P which affect commercial
importers of vehicles produced for the Canadian market, this proposal
also addresses other issues relating to the importation of
nonconforming vehicles. EPA is proposing to: Formalize a longstanding
EPA policy regarding the importation of individually owned vehicles
that are proven to be identical, in all material respects, to a vehicle
certified for sale in the United States, establish new emission
standards applicable to imported nonconforming vehicles, clarify the
regulatory language at 40 CFR part 85, subparts P and R, which concern
the exclusion or exemption of motor vehicles and motor vehicle engines
from meeting Federal emission requirements, and provide several minor
clarifications to the existing regulations.
EPA is proposing that implementation of these regulations take
place 30 days after publication of the final rule.
This preamble is abbreviated from a larger supplementary document
which expands upon the issues discussed here and which may be found in
the Docket No. A-89-20 described below.
DATES: If requested, EPA will conduct a public hearing on this Notice
of Proposed Rulemaking on April 25, 1994. The hearing will convene at
10:00 a.m. and will adjourn at such time as necessary to complete the
testimony. Written comments on this notice will be accepted for 30 days
following the hearing, until May 23, 1994. Any party desiring to
present oral testimony for the record at the public hearing, instead
of, or in addition to, written comments, must notify EPA by 5:00 p.m.
EST on April 8, 1994. If no party informs EPA that it wishes to
testify, no hearing will be held and EPA will address only written
submissions.
ADDRESSES: The hearing, if requested, will take place at the EPA
Education Center, Waterside Mall, 401 M Street, SW., Washington, DC
20460. Any person wishing to attend should call the EPA contact person
listed below to determine if the hearing will be held.
Materials relevant to this rulemaking are contained in the EPA Air
Docket LE-131, Attention: Docket No. A-89-20, located at the Air Docket
Section, U.S. Environmental Protection Agency, Room M-1500, 401 M
Street, SW., Washington, DC 20460 telephone (202) 260-7548. The docket
may be reviewed on weekdays between the hours of 8:30 a.m. to 12 noon
and from 1:30 to 3:30 p.m. As provided in 40 CFR part 2, a reasonable
fee may be charged for copying services.
FOR FURTHER INFORMATION CONTACT: This notice of proposed rulemaking
provides a brief description of the changes that EPA is proposing. For
a more complete explanation, including proposed regulatory language,
refer to the EPA Air Docket at A-89-20. Any questions or comments
should be directed to: Leonard D. Lazarus, Investigation/Imports
Section, Manufacturers Operations Division (6405J), U.S. Environmental
Protection Agency, 401 M Street, SW., Washington, DC 20460. Telephone
(202) 233-9250.
SUPPLEMENTARY INFORMATION:
I. Statutory Authority
Today's proposal discusses several regulatory programs administered
by EPA which provide for the importation of vehicles into the United
States. Section 203 of the Clean Air Act (Act), 42 U.S.C. 7522,
provides the statutory authority for regulations relating to the
importation of new motor vehicles\1\ and motor vehicle engines which
are not covered by a certificate of conformity. Sections 203(a)(1) and
203(b)(2) provide the statutory authority for the regulations in
today's proposal. Generally, section 203(a)(1) prohibits the
importation of vehicles not covered by a certificate of conformity by
any person except as provided by regulation of the Administrator. The
exception for regulations of the Administrator in section 203(a)(1)
refers to the grant of authority in section 203(b)(2), which states
that a vehicle not covered by a certificate of conformity and offered
for importation shall be refused admission into the United States
unless the Administrator, by regulation, provides for deferring final
determination regarding admission of the vehicle offered for
importation upon such terms and conditions as may appear appropriate to
insure that any imported vehicle will be brought into conformity with
applicable standards, requirements and limitations.
---------------------------------------------------------------------------
\1\The word ``vehicle'' hereinafter refers to a motor vehicle
and motor vehicle engine.
---------------------------------------------------------------------------
To implement section 203(b)(2), EPA has established procedures
regarding the importation of vehicles not covered by a certificate of
conformity. EPA first promulgated regulations on November 15, 1972 (37
FR 24314) which allowed individuals to import vehicles and perform
modifications subsequent to importation. This regulatory structure was
replaced on July 1, 1988 with a new regulatory program promulgated on
September 25, 1987. This program established the independent commercial
importer (ICI) as the entity responsible for the importation of
nonconforming vehicles. The primary purpose of this NPRM is to propose
additional provisions regarding the importation of vehicles intended
for sale in Canada but identical to U.S. certified configurations. See
section II for a discussion of the importation of Canadian vehicles.
This proposal also includes amendments to the procedures governing the
importation of nonconforming vehicles generally.
In addition to the regulations administering the importation of
vehicles pursuant to section 203(b)(2), EPA is proposing amendments to
regulations which implement section 203(b)(1) of the Act. Section
203(b)(1) states, ``[t]he Administrator may exempt any new motor
vehicle or new motor vehicle engine * * * upon such terms and
conditions as he may find necessary for the purpose of research,
investigations, studies, demonstrations, or training or for reasons of
national security.'' To implement this section of the Act, regulations
were initially promulgated on September 10, 1974 (39 FR 32609),
codified at 40 CFR part 85, subpart R, to provide for a program
allowing manufacturers to apply for and receive exemptions for vehicles
that were used for the purposes specified in section 203(b)(1) of the
Act. These regulations were amended on March 3, 1980 (45 FR 13733) to
extend the availability of exemptions under section 203(b)(1) to
individuals and other non-manufacturers. On July 14, 1982 (47 FR 30482)
these regulations were amended to reduce the information required in a
manufacturer's exemption application. The regulations were also amended
on August 27, 1985 (50 FR 34797) to require that a claim of
confidentiality accompany information submitted to EPA that is covered
by such a claim.
The proposed amendments to the regulations, codified at 40 CFR
85.1703, implement section 203(b)(1) of the Act to address the
definition of a motor vehicle; to clarify the definition of a
precertification vehicle in contrast to a vehicle subject to a testing
exemption; and, to revise the regulations regarding obtaining a display
exemption pursuant to 40 CFR 85.1511(b)(4) and 85.1707. These proposed
changes are discussed in section V, Proposed Amendments to subpart R.
II. Background for Canadian Importations
The framework of EPA's current Imports regulations establishes,
with some limited exceptions, that only independent commercial
importers (ICIs) holding a valid certificate of conformity may import
nonconforming vehicles into the United States. An ICI bears the
responsibility not only for performing all necessary modifications and
testing, but also for ensuring that the vehicle it imports complies
with United States emission requirements for the vehicle's useful life.
In effect, this imposes on the ICI the same emission requirements the
Act imposed on original equipment manufacturers (OEMs).
On November 24, 1987, potential importers of Canadian vehicles for
resale in the U.S. petitioned EPA\2\ to reconsider the regulations as
they apply to the commercial importation of vehicle models originally
designed and built for sale in Canada which are identical to vehicles
certified by EPA for sale in the United States. The petitioners
maintained that, although these vehicles may not be labeled by the OEM
as meeting United States emission requirements, the vehicles do not
have to be mechanically modified to comply with such requirements and
do not present air quality concerns similar to those presented by other
imported nonconforming vehicles.
---------------------------------------------------------------------------
\2\A copy of the petition may be found in the docket at A-89-20.
---------------------------------------------------------------------------
The evidence available to EPA suggests that an overwhelming
majority of the vehicle models manufactured for sale in Canada are not
configurations unique to the Canadian market, but are mechanically
identical to their corresponding United States version regarding
emissions compliance, except for EPA's labeling and warranty
requirements. Given this situation, EPA believes that it is not
necessary to require individuals and commercial importers to obtain
separate certificates of conformity from EPA for those vehicles that
are mechanically identical to their corresponding United States version
regarding emissions compliance.
On June 29, 1988, EPA granted the petition for reconsideration (the
document granting the petition may be found in the docket at A-89-20),
and agreed to commence this rulemaking to address the unique issues
surrounding Canadian vehicles.
Today's action proposes formal revisions to EPA's regulations for
importing vehicles from Canada. It also clarifies or changes certain
other provisions contained in the existing regulations.
A. EPA's Proposal
EPA's proposal would allow only commercial importers with
designated Canadian importer status approved by EPA to import vehicles
from Canada both for which the title has previously been transferred to
an ultimate purchaser and for which the title has not yet been
transferred to an ultimate purchaser, for the purpose of resale. The
designated Canadian importers would be permitted to import only those
vehicles which were previously proven to be identical, in all material
respects, to their United States certified counterparts. In addition to
making the showing of identical in all material respects, a designated
Canadian importer must agree to: (1) Label each vehicle for fuel
economy and emissions compliance purposes; (2) fulfill emission
warranty and recall obligations, and notify owners of recalls and
available warranty coverage; (3) maintain adequate records; (4) pay any
applicable Gas Guzzler Taxes, and Corporate Average Fuel Economy
penalties (49 CFR 531, 533); (5) submit applications for final
admission to EPA; (6) hold vehicles for a period of five working days
(or less if approved by EPA on a case-by-case basis) for EPA inspection
before transfer to an ultimate purchaser or dealer; and (7) submit to
inspections conducted by EPA enforcement officers.
B. Importations by Individuals
Today's proposal also addresses the importation of vehicles by
individual owners. Often an individual moving to the United States from
Canada wishes to import his/her vehicle for personal use. In many of
these cases, the vehicle is identical, except for labeling, to its
United States certified counterpart. The few vehicles which are not
identical to their United States certified counterparts, typically
require only minor modifications to make them identical. For these
reasons, EPA believes that the special circumstances associated with an
individual moving to the United States from Canada also warrant
consideration in this rulemaking. EPA believes that similar
circumstances may also apply to some individuals importing vehicles
from other countries. Consequently, this proposal addresses vehicle
importations by individuals moving to the United States from other
countries, as well.
EPA's current policy permits entry to certain vehicles on a case-
by-case basis. EPA proposes to formalize this policy to grant
exemptions to individual owners (individuals and businesses) to import
their personal vehicles (i.e., vehicles not imported for the purpose of
resale), provided they have proven that their vehicles were: (1)
Originally manufactured to be identical, in all material respects, to a
vehicle described in an OEM's application for certification, or (2)
modified to be identical in all material respects to a vehicle
described in an OEMs application for certification. EPA is not
proposing to change individual vehicle owners' responsibility for
payment of any Gas Guzzler taxes applicable to vehicles they import.
EPA's proposal also offers individual importers the option of
having an ICI import their vehicle or engine for the purpose of
modifying it to be identical in all material respects to a vehicle or
motor vehicle engine certified by the OEM for sale in the United
States. Vehicles imported under this option must be modified by the ICI
according to OEM instructions, but do not have to be tested. EPA is
confident that detailed instructions provided by an OEM specifying
parts to be installed and adjustments to be performed will be
sufficient to make a vehicle or engine identical in all material
respects to a certified vehicle or engine, because these modifications
will result in the vehicle or engine having the same parts and
parameters as are described in the OEM's application for certification,
which describes the vehicles or engines produced by the OEM within a
given certified engine family. Individual vehicle owners who might
otherwise have to incur the greater expense of ICI testing for a
vehicle they wish to import may benefit from this option, if
modification instructions can be obtained from the OEM.
C. Emission Standards
Today, EPA is proposing to delete the requirement that
nonconforming light-duty vehicles and light-duty trucks imported
pursuant to 40 CFR 85.1505 or 85.1509 meet current year emission
standards.\3\ Instead of meeting current year emission standards, these
vehicles will be allowed to meet emission standards (with applicable
deterioration factors applied) that were in effect at the time of
original vehicle production, with a few exceptions. These vehicles
must, however, meet such emission standards using the currently
applicable testing procedures, and must meet all applicable current
model year fuel economy requirements. EPA is not proposing to change
ICIs' status as small volume manufacturers and they must comply with
corporate average fuel economy (CAFE) requirements as imposed by the
Department of Transportation (DOT). This revision would give owners of
older motor vehicles a way to import their vehicles. Many of these
vehicles are now effectively excluded from importation due to the high
cost of modification to meet current model year standards, which may be
greater than the value of the vehicle involved.
---------------------------------------------------------------------------
\3\This proposal does not change the emission standards for new
motor vehicles imported by the original equipment manufacturers.
This proposal changes only the emission standards for motor vehicles
that were originally produced in earlier years than the model year
of importation.
---------------------------------------------------------------------------
EPA would continue, as under current regulations, to define the
useful life of imported nonconforming vehicles as a period of time or
mileage of use in the United States, beginning with the date and
mileage at the time of a vehicle's release to the owner or purchaser.
Consequently, this proposal would not affect the warranty and recall
requirements pursuant to 40 CFR 85.1508 and 85.1510 or any other
requirement under that subpart.
D. Other Issues
(1) Precertification Exemption
Today's proposal revises the precertification exemption available
to ICIs pursuant to 40 CFR 85.1511(b)(3) for the importation of
nonconforming prototype vehicles for use in certification. Presently,
the ICI must obtain written approval from the Administrator prior to
importing such nonconforming motor vehicles, must use the vehicle to
obtain a certificate of conformity, and must obtain a certificate of
conformity within 180 days of importation. In this rulemaking, EPA
retains these provisions, and proposes additional requirements
regarding the number of precertification exemptions given to an ICI at
any given time and EPA's criteria for granting precertification
exemptions pursuant to 40 CFR 85.1511(b)(3) while other
precertification exemptions are pending. In addition, a provision is
made for extension of the 180 day time limit under certain
circumstances. A precertification exemption allows an ICI to bring a
vehicle or engine into the U.S. for the purpose of obtaining a
certificate of conformity.
EPA is concerned with granting, or with the need for granting,
precertification exemptions when the ICI has failed to complete the
certification process and obtain certificates of conformity for other
prototype vehicles previously entered under this exemption. EPA is also
concerned about the technical capability of some ICIs, that the ICIs
successfully modify the pending precertification vehicles, and that the
ICIs continue to comply with all requirements of the Imports
regulations. Therefore, EPA is proposing limits to precertification
exemptions.
EPA is proposing an automatic limit of no more than three
precertification exemptions to an ICI at any one time except upon a
case-by-case determination that the ICI has demonstrated an ability to
meet the EPA technical and time requirements for the additional
prototype vehicle as well as for all other vehicles it has already
imported. Absent such approval, the ICI will not be granted another
precertification exemption until a certificate for the existing
prototype vehicle(s) is obtained or the vehicle(s) unable to be brought
into conformity with Federal emission requirements has been exported.
Secondly, regardless of the number of outstanding precertification
exemptions, EPA also would not grant another precertification exemption
if the ICI is in noncompliance with the Imports regulations for any
other vehicle already imported until the noncompliance situation is
resolved. When determining whether to grant approval of additional
exemptions, EPA will consider such factors as an ICI's previously
demonstrated success in obtaining certificates of conformity in a
timely manner, accurate and efficient compliance with all certification
procedures, extent of progress on other outstanding precertification
exemptions, and whether the ICI is and will likely be in compliance
with all requirements of the Imports regulations for other vehicles it
has already imported. EPA is also proposing the following
clarifications to the precertification process to eliminate confusion
associated with the final admission of prototype vehicles. The
prototype vehicle is the first vehicle imported and tested under the
certificate of conformity for the purposes of testing every third (or
fifth) vehicle under 40 CFR 85.1505.
Under current regulations, an ICI must obtain a certificate of
conformity within 180 days of the date of entry of the prototype
vehicle. If not, then either the total amount of the bond is forfeited
or the vehicle is exported. EPA recognizes there are limited instances
when it is not possible to obtain a certificate of conformity within
180 days. Therefore, EPA is proposing that an extension of the 180 day
requirement may be granted by the Administrator. The length of the
extension will be determined by EPA on a case-by-case basis considering
the needs of each ICI. The ICI must request such an extension prior to
the expiration of the 180 days. EPA expects to grant such requests only
under unique circumstances. For example, EPA would expect to grant an
extension to an ICI who has completed all modifications for the vehicle
and certification testing is pending, but circumstances beyond the
ICI's control have led to failure to obtain the certificate of
conformity within the required 180 days. EPA specifically will not
grant an extension for situations such as (but not limited to) when an
ICI allows a significant amount of time to elapse in which significant
progress was not made on the vehicle, or when an ICI fails to submit in
a timely manner the application for certification (or applicable parts,
thereof) to EPA.
The ICI must comply with all requirements of Subpart P once the
certification process is complete, including the submittal of final
admission forms as stated in 40 CFR 85.1505, the recordkeeping
requirements and labeling requirements of 40 CFR 85.1706 and any other
requirements of 40 CFR 85.1501 et seq.
(2) Racing Exclusion
According to 40 CFR 85.1511(e), a racing vehicle may be imported by
any person provided the vehicle meets one or more of the exclusion
criteria set forth in 40 CFR 85.1703. Presently, EPA policy will allow
such a vehicle to be imported only with a prior written EPA
determination that the vehicle meets these exclusion criteria. The
purpose of this policy is to ensure that vehicles which may be legally
operated or are capable of being legally operated on the streets and
highways will not be imported as racing vehicles. EPA proposes to
incorporate this practice into the regulations.
(3) Warranty/Insurance
When the current Imports program was initially implemented in 1988,
EPA discovered that ICIs were not capable of obtaining the independent
insurance coverage as required in 40 CFR 85.1510(b)(2). As a result,
EPA proposes to amend the existing regulations to allow an ICI to
obtain prepaid independent insurance coverage less than that required
by the regulations, with the ICI retaining full responsibility for the
remaining warranty coverage. The prepaid insurance policy, underwritten
by an independent insurance company, shall at a minimum provide
coverage for emission related components installed or modified by the
ICI and to the maximum extent possible, the emission related components
installed by the OEM.
This change does not alter the requirement that the ICI provide an
emissions warranty as required by section 207 (a) and (b) of the Act.
(4) Minor Clarifications
EPA is also proposing the following minor clarifications and
changes: (1) Adding a definition of fifteen working day hold period
(and five working day hold period) (40 CFR 85.1502), (2) clarifying
that the fifteen (or five) working day hold period begins the first
working day after the application for final admission is received by
the Manufacturers Operations Division (40 CFR 85.1505 and 85.1509), (3)
providing for the transfer of control of a nonconforming motor vehicle
between ICIs after conditional admission (40 CFR 85.1504), (4) adding a
requirement that vehicles be stored within 50 miles of the test
facility during the fifteen working day hold period (importers wishing
to use storage facilities not meeting this criterion must obtain EPA's
prior written approval) (40 CFR 85.1505 and 85.1509), (5) providing for
the acceptance of alternative dates in lieu of the date of original
manufacture, if it is unobtainable (40 CFR 85.1507), (6) clarifying the
repair and alteration exemption (40 CFR 85.1511), (7) clarifying the
exclusion for methanol-fueled vehicles produced prior to the 1990 model
year (40 CFR 85.1511), (8) clarifying the catalyst control programs and
other requirements for United States version vehicles driven overseas
(40 CFR 85.1512), (9) clarifying that the ICI must retain control of
each vehicle until final admission is granted by EPA (40 CFR 85.1513),
(10) adding a requirement that to be eligible to modify and test six-
year old or older vehicles under 40 CFR 85.1509, an ICI must have a
currently valid certificate of conformity for the same vehicle type
(i.e., light-duty gasoline-fueled vehicle/truck, heavy-duty diesel
engine, or motorcycle) (40 CFR 85.1509), (11) clarify that unless all
requirements of 40 CFR 85.1505 or 85.1509 have been met, final
admission status will not be granted (40 CFR 85.1505 and 85.1509), (12)
delete the requirement that a vehicle greater than 20 original
production (OP) years old which is ineligible for exclusion, must be
imported by an ICI (40 CFR 85.1511), (13) clarify that vehicles
returning to the United States may be imported under bond for
restoration of any missing, damaged, or disabled emission-related parts
(40 CFR 85.1512), (14) modify existing regulatory language to
accurately reflect recent changes in the Act regarding useful life and
civil penalties (40 CFR 85.1507, 85.1508, 85.1510, and 85.1513), (15)
clarify that a conditionally admitted vehicle or engine must comply
with EPA requirements at the time that the application for final
admission is submitted to EPA (40 CFR Sec. 85.1513), (16) clarify that
the recordkeeping requirements for maintaining a list of vehicle
modifications includes all part numbers and calibration changes (40 CFR
85.1507), and (17) clarify that a vehicle that is emission tested in
order to obtain final admission must satisfy all of the applicable
testing requirements of part 86 (40 CFR 85.1502, 85.1505, 85.1507,
85.1509, 85.1513, 85.1516).
III. Proposed Amendments To Subpart R
A. Application of Section 216(2)
Section 216(2) of the Act defines the term ``motor vehicle'' as ``*
* * any self-propelled vehicle designed for transporting persons or
property on a street or highway.'' Generally, EPA proposes to amend
section 40 CFR 85.1703 to provide additional guidance on when a vehicle
is not a ``motor vehicle'' under section 216 of the Act.
To provide further guidance to the regulated industry, EPA proposes
to: (1) Amend this exclusion provision to reflect EPA's policy that the
use of a governor to limit a vehicle's speed to 25 mph is unacceptable
unless the speed control device cannot easily be removed, disabled, or
circumvented; (2) amend 40 CFR 85.1703(a)(2) by deleting the reference
to safety features required by Federal law; (3) revise 40 CFR
85.1703(a)(3) to state that the Federal Interstate Highway limitations
will be used to determine if a vehicle is of ``inordinate size''; (4)
include a new provision reflecting the Agency's policy that racing and
other vehicles which are not capable of safe and practical street or
highway use will not be considered motor vehicles under section 216 of
the Act; and (5) include a new provision to specify when a motorcycle
(as defined at 40 CFR 86.402-78) will be deemed to not be a motor
vehicle.
It is important to note that converting a non-motor vehicle into a
motor vehicle, and operating it on a public street or highway may be
considered to be manufacturing and introduction into commerce of an
uncertified motor vehicle. This is a violation of section 203(a)(1) of
the Act and may subject the manufacturer to civil penalties under
section 205 of the Act.
B. Precertification Exemption
EPA proposes to amend 40 CFR 85.1702(a) (3) and (4), to clarify the
distinction between a ``Precertification motor vehicle or motor vehicle
engine'' and a motor vehicle or motor vehicle engine subject to a
testing exemption (40 CFR 85.1705).
EPA further proposes to revise 40 CFR 85.1702(a) (3) and (4) by
substituting the terms ``Manufacturer-owned vehicle'' and
``Manufacturer-owned vehicle engine'' for the terms ``Precertification
vehicle'' and ``Precertification vehicle engine'' respectively.
Finally, EPA proposes to rename 40 CFR 85.1706 ``Manufacturer-owned
exemption''. For purposes of this provision, this substitution does not
expand the meaning of the subject terms, but only distinguishes them
from the exemptions provided to ICIs under Subpart P in order to
eliminate possible confusion created by the current use of the terms.
C. Display Exemption
EPA is also proposing a revision to the display exemption found at
40 CFR 85.1511(b)(4) and 85.1707. Presently, EPA will grant a temporary
display exemption for uncertified motor vehicles under certain
conditions. Although the exemption will be retained, EPA is proposing
several clarifications. These clarifications include incorporating
EPA's policy of granting the display exemption for business or public
display purposes only; and establishing a time limit for the display
exemption. In addition, the language in the display exemption in 40 CFR
85.1511(b)(4) and 40 CFR 85.1707 will be reconciled so that both
provisions will prohibit use on public streets and highways except for
purposes incident and necessary to the display purpose.
IV. Administrative Requirements
A. Administrative Designation and Regulatory Analysis Executive Order
12866
Under Executive Order 12866, [58 FR 51,735 (October 4, 1993)] the
Agency must determine whether the regulatory action is ``significant''
and therefore subject to 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.
It has been determined that this rule is not a ``significant
regulatory action'' under the terms of Executive Order 12866 and is
therefore not subject to OMB review.
B. Paperwork Reduction Act
The information collection requirements in this proposed rule have
been submitted for approval to the Office of Management and Budget
(OMB) under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. An
Information Collection Request document has been prepared by EPA (OMB
control number 2060-0095, ICR No. 10.06) and a copy may be obtained
from Sandy Farmer, Information Policy Branch,; EPA; 401 M St., SW.
(Mail Code 2136); Washington, DC 20460 or by calling (202) 260-2740.
This collection of information has an estimated reporting burden
averaging 0.5 hours per response and an estimated annual recordkeeping
burden averaging 0.3 hours per respondent. These estimates include time
for reviewing instructions, searching existing data sources, gathering
and maintaining the data needed, and completing and reviewing the
collection of information.
Send comments regarding the burden estimate or any other aspect of
this collection of information, including suggestions for reducing this
burden to Chief, Information Policy Branch; EPA; 401 M St., SW. (Mail
Code 2136); Washington, DC 20460; and to the Office of Information and
Regulatory Affairs, Office of Management and Budget, Washington, DC
20503, marked ``Attention: Desk Officer for EPA.'' The final Rule will
respond to any OMB or public comments on the information collection
requirements contained in this proposal.
C. Impact on Small Entities
The Regulatory Flexibility Act of 1980 requires federal agencies to
identify potentially adverse impacts of federal regulations upon small
entities. In instances where significant impacts are possible on a
substantial number of these entities, agencies are required to perform
a Regulatory Flexibility Analysis.
There will not be a significant impact on a substantial number of
small business entities because the proposed rule benefits the small
businesses that import nonconforming vehicles into the United States,
allowing them additional options for importing these vehicles and
minimizing their costs.
Therefore, as required under section 605 of the Regulatory
Flexibility Act, 5 U.S.C. 601 et. seq., the Administrator certifies
that this regulation does not have a significant impact on a
substantial number of small entities.
D. Statutory Authority
Subpart P--Secs. 203, 206, 207, 208, 301 and 307, Clean Air Act, as
amended (42 U.S.C. 7522, 7525, 7541, 7542, 7601 and 7607).
Subpart R--Secs. 203(b)(1), 216(2), 301 and 307, Clean Air Act, as
amended (42 U.S.C. 7522(b)(1), 7550(2), 7601 and 7607).
List of Subjects
40 CFR Part 85
Imports labeling, Motor vehicle pollution, Reporting and
recordkeeping requirements, Research, Warranties.
40 CFR Part 600
Electric power, Energy conservation, Gasoline, Labeling,
Administrative practice and procedure, Fuel economy.
Dated: March 17, 1994.
Carol M. Browner,
Administrator.
[FR Doc. 94-6949 Filed 3-23-94; 8:45 am]
BILLING CODE 6560-50-P