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Multi-Pollutant Emissions Standards for Model Years 2027 and Later Light-Duty and Medium-Duty Vehicles; Correction Publication: Federal Register Agency: Environmental Protection Agency Byline: Joseph Goffman Date: 13 June 2024 Subjects: American Government  , The Environment
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[Federal Register Volume 89, Number 115 (Thursday, June 13, 2024)]
[Rules and Regulations]
[Pages 50234-50235]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12590]
[[Page 50234]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 85 and 86
[EPA-HQ-OAR-2022-0829; FRL-8953-05-OAR]
RIN 2060-AV49
Multi-Pollutant Emissions Standards for Model Years 2027 and
Later Light-Duty and Medium-Duty Vehicles; Correction
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; correction.
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SUMMARY: The Environmental Protection Agency (EPA) is correcting a
final rule published in the Federal Register of April 18, 2024, which
will be effective June 17, 2024. The final rule established new
emission standards for light-duty and medium-duty motor vehicles. This
document corrects inadvertent errors introduced in preparing the
regulatory text for publication. These corrections do not include any
substantives change to the final rule.
DATES: This correction is effective June 17, 2024.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-HQ-OAR-2022-0829. Publicly available docket materials are
available either electronically at www.regulations.gov or in hard copy
at Air and Radiation Docket and Information Center, EPA Docket Center,
EPA/DC, EPA WJC West Building, 1301 Constitution Ave. NW, Room 3334,
Washington, DC.
FOR FURTHER INFORMATION CONTACT: Alan Stout, Assessment and Standards
Division, Office of Transportation and Air Quality, Environmental
Protection Agency, 2000 Traverwood Drive, Ann Arbor, MI 48105;
telephone number: (734) 214-4805; email address: stout.alan@epa.gov.
SUPPLEMENTARY INFORMATION: EPA is making the following corrections for
inadvertent errors in the regulatory text for the final rule:
Revising 40 CFR 85.2103(c) to remove references to a
nonexistent paragraph (e).
Revising 40 CFR 86.1 to remove references to nonexistent
sections 86.1823-01, 86.1824-01, and 86.1825-01.
Revising 40 CFR 86.1806-27(a)(7) by referring to
California's LEV standards in general instead of specifically to the
LEV III standards.
Restoring the content of 40 CFR 86.1818-12(c)(4), which
was inadvertently over-written by re-organizing the section content.
The paragraph is moved to 40 CFR 86.1818-12(a)(4). The restored
paragraph describes an option for waiving greenhouse gas standards for
emergency vehicles.
Eliminating the specific paragraph reference for battery-
related testing in 40 CFR 86.1829-15(a)(2)(ii). The intended reference
was to all of 40 CFR 86.1815-27, where we discuss the range of battery-
related testing requirements that apply. We note especially that
battery-related testing requirements apply differently for vehicles
certified based on California procedures as specified in 40 CFR
86.1815-27(h).
Section 553(b)(B) of the Administrative Procedure Act, 5 U.S.C.
553(b)(B), provides that, when an agency for good cause finds that
public notice and comment procedures are impracticable, unnecessary, or
contrary to the public interest, the agency may issue a rule without
providing notice and an opportunity for public comment. EPA has
determined that there is good cause for making this technical
correction final without prior proposal. Such notice and opportunity
for comment is unnecessary as the technical corrections are for minor
typographical and other nonsubstantive errors made in the final rule.
This final rule is effective June 17, 2024. Section 553(d)(3) of
the Administrative Procedure Act (``APA''), 5 U.S.C. 553(d), provides
that final rules shall not become effective until 30 days after
publication in the Federal Register ``except . . . as otherwise
provided by the agency for good cause.'' The purpose of this provision
is to ``give affected parties a reasonable time to adjust their
behavior before the final rule takes effect.'' Omnipoint Corp. v. Fed.
Commc'n Comm'n, 78 F.3d 620, 630 (D.C. Cir. 1996); see also United
States v. Gavrilovic, 551 F.2d 1099, 1104 (8th Cir. 1977) (quoting
legislative history). Thus, in determining whether good cause exists to
waive the 30-day delay, an agency should ``balance the necessity for
immediate implementation against principles of fundamental fairness
which require that all affected persons be afforded a reasonable amount
of time to prepare for the effective date of its ruling.'' Gavrilovic,
551 F.2d at 1105. EPA has determined that there is good cause for
making this final rule effective less than 30 days after publication in
the Federal Register because the technical corrections are for minor
typographical and other nonsubstantive errors made in the final rule,
these corrections will address potential confusion for regulated
entities that could result if these errors introduced during
preparation for publication are not corrected prior to the effective
date of the final rule published in the Federal Register of Monday,
April 18, 2024, and further time is not needed for regulated entities
to prepare for such corrections prior to the effective date given the
nature of the corrections.
For these reasons, the agency finds that good cause exists under
APA section 553(d)(3) to make this rule effective June 17, 2024.
Corrections
In FR Doc. 2024-06214 beginning on page 27842 in the Federal
Register of April 18, 2024, EPA is making the following corrections:
0
1. On pages 28152 and 28153, in Sec. 85.2103, correct paragraphs
(c)(1) and (2) to read as follows:
Sec. 85.2103 [Corrected]
* * * * *
(c) * * *
(1) For light-duty vehicles, light-duty trucks, and medium-duty
passenger vehicles, the warranty period for the emission performance
warranty is 24 months or 24,000 miles, except that the warranty period
is 8 years or 80,000 miles for any nonconformity resulting from a
failed specified major emission control component identified in
paragraph (d) of this section.
(2) For medium-duty vehicles, the warranty period for the emission
performance warranty is 5 years or 50,000 miles, except that the
warranty period is 8 years or 80,000 miles for any nonconformity
resulting from a failed specified major emission control component
identified in paragraph (d) of this section.
* * * * *
0
2. On pages 28154 and 28155, in Sec. 86.1, correct paragraph (a)(21)
to read as follows:
Sec. 86.1 [Corrected]
* * * * *
(a) * * *
(21) ASTM E29-93a, Standard Practice for Using Significant Digits
in Test Data to Determine Conformance with Specifications, approved
March 15, 1993 (``ASTM E29''); IBR approved for Sec. Sec. 86.004-
15(c); 86.007-11(a); 86.007- 15(m); 86.1803-01.
* * * * *
0
3. On page 28160, in the third column, in Sec. 86.1806-27, correct
paragraph (a)(7) to read as follows:
Sec. 86.1806-27 [Corrected]
* * * * *
(a) * * *
(7) Apply thresholds for exhaust emission malfunctions from Tier 4
[[Page 50235]]
vehicles based on the thresholds calculated for the corresponding bin
standards in the California LEV program as prescribed for the latest
model year in 13 CCR 1968.2(d). For example, for Tier 4 Bin 10
standards, apply the threshold that applies for the LEV standards. For
cases involving Tier 4 standards that have no corresponding bin
standards from the California LEV program, use the monitor threshold
for the next highest LEV bin. For example, for Tier 4 Bin 5 and Bin 10
standards, apply a threshold of 50 mg/mile (15 mg/mile x 3.33). You may
apply thresholds that are more stringent than we require under this
paragraph (a)(7).
* * * * *
0
4. On page 28169, in the second column, in Sec. 86.1818-12, add
paragraph (a)(4) to read as follows:
Sec. 86.1818-12 [Corrected]
(a) * * *
(4) Emergency vehicles may be excluded from the emission standards
described in this section. The manufacturer must notify the
Administrator that they are making such an election in the model year
reports required under 40 CFR 600.512-12. Exclude such vehicles from
both the calculation of the fleet average standard for a manufacturer
under paragraph (c) of this section and from the calculation of the
fleet average carbon-related exhaust emissions in 40 CFR 600.510-12.
* * * * *
0
5. On page 28178, in the first column, in Sec. 86.1829-15, correct
paragraph (a)(2)(ii) to read as follows:
Sec. 86.1829 [Corrected]
* * * * *
(a) * * *
(2) * * *
(ii) Manufacturers must perform battery durability testing as
described in Sec. 86.1815-27.
* * * * *
Joseph Goffman,
Assistant Administrator, Office of Air and Radiation.
[FR Doc. 2024-12590 Filed 6-12-24; 8:45 am]
BILLING CODE 6560-50-P