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Carol M. Browner
Environmental Protection Agency
1 July 1994
[Federal Register Volume 59, Number 126 (Friday, July 1, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-15981] [[Page Unknown]] [Federal Register: July 1, 1994] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 9, 85, 86, and 600 [FRL-5005-9] Short Test Emission Regulations for 1996 and Later Model Year Light-Duty Vehicles and Light-Duty Trucks and Revised Performance Warranty Regulations, and Revisions to Corporate Average Fuel Economy (CAFE) Calculations Pursuant to the North American Free Trade Agreement Implementation Act of 1993; Correction AGENCY: Environmental Protection Agency (EPA). ACTION: Correction to final regulations. ----------------------------------------------------------------------- SUMMARY: This document contains corrections to two final regulations which were published Monday, November 1, 1993, and on January 6, 1994. While these regulations are unrelated, this action makes necessary corrections to both in the same document for the sake of expediency. The November 1, 1993, regulations added new ``short test'' requirements to previously existing regulations for certification, Selective Enforcement Audit, and recall of new gasoline-fueled light-duty vehicles and light-duty trucks and replaced all six of the previously- existing steady-state performance warranty tests. The January 6, 1994, regulations pertained to changes to the Corporate Average Fuel Economy calculations required by the North American Free Trade Agreement Implementation Act of 1993. Various errors occurred in those two final rules, relating to headings, paragraph references, omissions, and other inaccuracies; this action will correct those errors. EFFECTIVE DATE: July 1, 1994. FOR FURTHER INFORMATION CONTACT: Mary E. Walsh, Certification Division, U.S. Environmental Protection Agency, National Vehicle and Fuel Emissions Laboratory, 2565 Plymouth Road, Ann Arbor, MI 48105. Telephone (313) 668-4205. SUPPLEMENTARY INFORMATION: Background In its November 1, 1993, rulemaking (58 FR 58382), the Agency promulgated regulations setting forth new ``short test'' standards and procedures, known as the Certification Short Test, to be added to previously existing regulations for certification, Selective Enforcement Audit, and recall of new gasoline-fueled light-duty vehicles and light-duty trucks, effective beginning with the 1996 model year. In addition, that rule replaced all six of the previously- existing steady-state test procedures used in inspection and maintenance programs for performance warranty purposes. The rule also contained certain minor technical amendments concerning changes to quality control checks and information collected in conjunction with testing that reflect changes that have occurred in laboratory test program needs. In its January 6, 1994, rulemaking (59 FR 677), the Agency promulgated changes to its fuel economy calculation regulations to conform to changes in the Motor Vehicle Information & Cost Savings Act, 15 U.S.C. 2003(b)(2), made by section 371 of the North American Free Trade Agreement Implementation Act of 1993, Public Law 103-182 (December 8, 1993). Both of these rules contained inadvertent errors in its regulatory text, requiring that this action be initiated to rectify them. The Agency finds there is good cause to make this correction effective immediately, because it merely corrects minor technical errors in the originally promulgated rule, and does not impose any independent requirements. Need for Correction As published, the final regulations contained errors which may prove to be misleading and are in need of clarification. Corrections made in this action address those errors as follows: Corrections made to tables in Secs. 9.1 and 85.2225 clarify the proper placement of elements in tables. The headings for part 85 and for Secs. 86.708-94 and 86.708-94 were incorrectly given in the November 1, 1993 rule; no changes to those headings were intended. This action restores the original headings. In Sec. 85.2233, the figure 5,000 is revised to 4,000 to match changes made in correcting amendments dated November 9, 1993 (58 FR 59366) to the November 5, 1992 final rule (57 FR 52950) upon which the text in Sec. 85.2233(d) is based. In Sec. 86.096-21, paragraphs (j) and (k) identified six Certification Short Test procedures as being described in Sec. 86.1439; at present, there are only five such procedures. The word ``six'' is therefore deleted in both paragraphs. In Sec. 86.116-90, a ``0'' was mistakenly inserted in place of a ``4'' in the section title. Since 1994 is the initial year of applicability intended, the suffix is corrected. In Sec. 86.1406, the reference to the location of fuel specifications inadvertently omitted Sec. 86.216; in this action, that section is added to the references. Certain corrections made in Secs. 86.1430 and 86.1439 rectify erroneous paragraph references. In Sec. 86.1430, text referring to the first chance portion of a Certification Short Test is deleted because there is no first chance portion to any Certification Short Test. Section 86.1430 indicates that more information on loaded preconditioning, to be run between the speeds of 30 and 50 mph, can be found in Secs. 86.1437(c) and 86.1438(c). While Sec. 86.1438(c) does address loaded preconditioning, Sec. 86.1437(c) does not. Moreover, Sec. 86.1438 prescribes a minimum speed of 30 mph but neglected to give the previously-mentioned maximum speed of 50 mph. To clarify the existing requirements, these inconsistencies are corrected. In Sec. 86.1439, paragraph (d) describes the CST--Loaded Test, which includes a loaded driving mode on the dynamometer. A manufacturer brought it to EPA's attention that the point at which the gear is shifted into ``drive'' for initiating the loaded mode and then back into ``neutral'' afterwards was omitted; appropriate text is added to clarify the procedure. Also in this section, paragraph (f)(1)(ii)(A) was mistakenly published with text transposed from another paragraph in that section; the correction restores the intended test procedure indicated in the NPRM published on January 8, 1993 (58 FR 3380). In Secs. 600.502-81 and 600.511-80, inadvertent errors that occurred in the regulatory text that incorrectly reference other paragraphs of regulatory text are corrected. Correction of Publication Accordingly, the publication on November 1, 1993, and the publication on January 6, 1994, of the final regulations which were the subject of 58 FR 58382 and 59 FR 677, respectively, are corrected as follows: Sec. 9.1 (Corrected) 1. On page 58400, in the first column, in Sec. 9.1, the notation ``* * * * *'' is added immediately under the heading ``Control of Air Pollution from New and In-Use Motor Vehicles and New and In-Use Motor Vehicle Engines: Certification and Test Procedures''. Part 85 (Corrected) 2. On page 58400, in the second column, the heading ``Control of Air Pollution From Motor Vehicles and New and In-Use Motor Vehicle Engines'' is corrected to read ``Control of Air Pollution From Motor Vehicles and Motor Vehicle Engines''. Sec. 85.2225 (Corrected) 3. On page 58413, in Sec. 85.2225, paragraph (c)(1), in the table at the bottom of the page, in the first column, in line one, the words ``HC, ppm'' is corrected to read ``HC, as hexane'', and on the second line, the words ``as hexane'' are deleted. Sec. 85.2233 (Corrected) 4. On page 58415, in the second column, in Sec. 85.2233, paragraph (d), in lines four and six, the figure ``5,000'' is corrected twice to read ``4,000''. Sec. 86.096-21 (Corrected) 5. On page 58417, in the third column, in Sec. 86.096-21, paragraph (j), in line four, and in paragraph (k), in line four, the word ``six'' is removed. Sec. 86.116-90 (Corrected) 6. On page 58422, in the first column, in instruction 41 and in the section heading, ``Sec. 86.116-90'' is corrected to read ``Sec. 86.116- 94''. Sec. 86.708-94 (Corrected) 7. On page 58424, in the second column, in Sec. 86.708-94, in the second line of the heading, the words ``light duty'' are corrected to read ``light-duty''. Sec. 86.708-98 (Corrected) 8. On page 58424, in the third column, in Sec. 86.708-98, in the second line of the heading, the words ``light duty'' are corrected to read ``light-duty''. Sec. 86.1406 (Corrected) 9. On page 58427, in the second column, in Sec. 86.1406, paragraph (b), in line three, the words `` Secs. 86.113 and 86.1413'' are corrected to read ``Sec. 86.113, 86.213, and 86.1413''. Sec. 86.1430 (Corrected) 10. On page 58432, in the third column, in Sec. 86.1430, paragraph (a)(7)(ii), in lines two and three, the words ``the first chance test of'' are removed. 11. On page 58435, in the first column, in Sec. 86.1430, paragraph (c)(3)(ii), in line five, the words ``in Sec. 86.1438'' are corrected to read ``in Secs. 86.1438 and 86.1439''. Sec. 86.1437 (Corrected) 12. On page 58436, in the first column, in Sec. 86.1437, paragraph (c), in line four, the words ``or, optionally, the vehicle will undergo loaded operation for a minimum of 30 seconds between the speeds of 30 and 50 mph (48 to 80 kph)'' are added to the end of the first sentence, and in lines seven and ten, the words ``or speed'' are added before the word ``range''. Sec. 86.1438 (Corrected) 13. On page 58437, in the second column, in Sec. 86.1438, paragraph (c), in lines seven and eight, the words ``at a minimum speed of 30 mph (48 kph)'' are replaced by the words ``between the speeds of 30 and 50 mph (48 to 80 kph)''. Sec. 86.1439 (Corrected) 14. On page 58439, in the first column, in Sec. 86.1439, paragraph (d), in line six, the phrase ``, and the gear selector is in `drive' for automatic transmissions, or in second gear (or third gear if more appropriate) for manual transmissions'' is added after the words ``are met''. 15. On page 58439, in the first column, in Sec. 86.1439, paragraph (d)(1)(i), in line twelve, the words ``(d)(1)(iii) (A) through (C)'' are corrected to read ``(d)(1)(ii) (A) and (B)''. 16. On page 58439, in the first column, in Sec. 86.1439, paragraph (d)(1)(ii)(B), in line two, the words ``the mode is terminated'' are corrected to read ``the test is terminated''. 17. On page 58439, in the first column, in Sec. 86.1439, paragraph (d)(2)(i), in line three, the phrase ``and the gear selector is in `park' or `neutral''' is added after the words `has reached zero', and in line six, the reference ``(d)(2)(iii)'' is corrected to read ``(d)(2)(ii)''. 18. On page 58439, in the third column, in Sec. 86.1439, paragraph (f)(1)(ii)(A) is corrected to read as follows: Sec. 86.1439 Certification short test emission test procedures--EPA. * * * * * (f) * * * (i) * * * (ii) * * * (A) The vehicle passes the high-speed mode and the mode is terminated at an elapsed time of 90 seconds (mt=90) if any measured values are less than or equal to the applicable short test standards as described in Sec. 86.1438(d). * * * * * Sec. 600.502-81 (Corrected) 19. In the Federal Register published on January 6, 1994, on page 678, in the third column, in Sec. 600.502-81, paragraph (a)(1)(iii), in lines two and three, the reference ``paragraph (b)(3) of this section'' is corrected to read ``Sec. 600.511-80(b)(3)''. Sec. 600.511-80 (Corrected) 20. In the Federal Register published on January 6, 1994, on page 679, in the first column, in Sec. 600.511-80, paragraph (a)(1), in line ten, the reference ``Sec. 600.511-80(b)(3)'' is corrected to read ``paragraph (b)(3) of this section''. Dated: June 24, 1994. Carol M. Browner, Administrator. [FR Doc. 94-15981 Filed 6-30-94; 8:45 am] BILLING CODE 6560-50-M