61 FR 20738 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 89 and 90 [FRL- ] RIN 2060- Reduced Certification Reporting Requirements for New Nonroad Engines AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. SUMMARY: This direct final rule revises certification requirements for new nonroad spark-ignition engines at or below 19 kilowatts, and new nonroad compression-ignition engines at or above 37 kilowatts, by reducing the reporting burden associated with the application for certification. DATES: This final action will become effective on [60 days from date of publication] unless notice is received by [30 days from date of publication] that any person wishes to submit adverse comments. Should EPA receive such notice, EPA will publish a subsequent action in the Federal Register withdrawing all or part of this final action. ADDRESSES: Written comments should be submitted (in duplicate, if possible) to: EPA Air and Radiation Docket, Attention Docket No. A-95-57, room M-1500 (mail code 6102), 401 M St., S.W., Washington, D.C. 20460. Materials relevant to this rulemaking are contained in docket No. A-95-57, and may be viewed from 8:30 a.m. until 5:30 p.m. weekdays. The docket may also be reached by telephone at (202) 260-7548. As provided in 40 CFR part 2, a reasonable fee may be charged by EPA for photocopying. Those wishing to notify EPA of their intent to submit adverse comments on this action should contact Laurel Horne, U.S. Environmental Protection Agency, 2565 Plymouth Road, Ann Arbor, MI 48105. FOR FURTHER INFORMATION CONTACT: Laurel Horne, (313) 741-7803. SUPPLEMENTARY INFORMATION: I. Obtaining Electronic Copies of Documents Electronic copies of the preamble and the regulatory text of this direct final rulemaking are available electronically from the EPA internet site and via dial-up modem on the Technology Transfer Network (TTN), which is an electronic bulletin board system (BBS) operated by EPA's Office of Air Quality Planning and Standards. Both services are free of charge, except for your existing cost of internet connectivity or the cost of the phone call to TTN. Users are able to access and download files on their first call using a personal computer and modem per the following information. Internet: World Wide Web: http://www.epa.gov/OMSWWW Gopher: gopher://gopher.epa.gov/ Follow menus for: Offices/Air/OMS FTP: ftp://ftp.epa.gov/ Change Directory to pub/gopher/OMS TTN BBS: 919-541-5742 (1200-14400 bps, no parity, 8 data bits, 1 stop bit) Voice Helpline: 919-541-5384. Off-line: Mondays from 8:00 AM to 12:00 noon EST. A user who has not called TTN previously will first be required to answer some basic informational questions for registration purposes. After completing the registration process, proceed through the following menu choices from the Top Menu to access information on this rulemaking. GATEWAY TO TTN TECHNICAL AREAS (Bulletin Boards) OMS--Mobile Sources Information Rulemaking and Reporting <6> Non-Road <2> Non-road Engines At this point, the system will list all available files in the chosen category in reverse chronological order with brief descriptions. To download a file, select a transfer protocol that is supported by the terminal software on your own computer, then set your own software to receive the file using that same protocol. If unfamiliar with handling compressed (i.e. ZIP'ed) files, go to the TTN top menu, System Utilities (Command: 1) for information and the necessary program to download in order to unZIP the files of interest after downloading to your computer. After getting the files you want onto your computer, you can quit the TTN BBS with the oodbye command. Please note that due to differences between the software used to develop the document and the software into which the document may be downloaded, changes in format, page length, etc. may occur. II. Introduction and Background On July 3, 1995, EPA published emission standards for new nonroad spark-ignition engines at or below 19 kilowatts (hereinafter referred to as small SI engines). Emission standards for new nonroad compression-ignition engines at or above 37 kilowatts (hereinafter referred to as large CI engines) were published on June 17, 1994. Under both sets of standards, engine manufacturers must obtain from the Administrator a certificate of conformity covering each engine family introduced into U.S. commerce. To obtain a certificate of conformity, engine manufacturers must submit an application comprised of information, specified by regulation, demonstrating that emission standards will be met. Today's action lessens the reporting burden associated with certification and allows EPA to exercise some flexibility in implementing the certification process for small SI and large CI engines. III. Requirements of This Direct Final Rulemaking EPA is revising language in sections 89.115-96, 90.107, and 90.118 to streamline the reporting requirements associated with applications for engine certification. EPA believes that these revisions will in no way impede the ability of the Administrator to determine compliance with the applicable requirements of this regulation, and that the information required under today's rulemaking will be sufficient to establish to the satisfaction of the Administrator that engines conform to applicable requirements and thus may be issued certificates of conformity. A. Test Engine Operating Cycle, Service Accumulation, and Maintenance EPA is revising paragraph (d)(5) of section 90.107, which requires the engine manufacturer to submit a description of the operating cycle and service accumulation period necessary to break-in the test engine(s) and stabilize emission levels, and any maintenance scheduled. EPA is deleting the provision that requires the engine manufacturer to submit a description of the operating cycle used to break-in the test engine(s) and any maintenance scheduled. Similar information is already required to be kept for each certification test engine by section 90.121(a)(3)(i), (ii) and (iii), including a description of the test engine's construction, the method used for engine service accumulation, and all maintenance performed. EPA believes it is sufficient that this information is readily available under section 90.121(a)(3) if needed, and believes that it is not necessary to require it to be submitted with an application for certification. Accordingly, EPA is also revising section 90.118(d) to indicate that the engine manufacturer must provide records about service accumulation to the Administrator only if requested. Note, however, that the section 90.107(d)(5) provision requiring that the engine manufacturer submit the service accumulation period necessary to break-in the test engine(s) and stabilize emission levels is retained. Similarly, EPA is deleting the provision in section 89.115- 96(d)(5) that requires the engine manufacturer to submit a description of the operating cycle used to break-in the test engine(s), as that information is already required to be kept for each certification test engine by section 89.124-96(a)(2)(i), (ii) and (iii). But EPA is retaining the requirement of section 89.115-96(d)(5) that the engine manufacturer submit the period of operation necessary to accumulate service hours on test engines and stabilize emission levels. B. Maintenance Instructions EPA is deleting the provision in section 90.107(d)(7) that requires manufacturers to submit the proposed maintenance instructions furnished to the ultimate purchaser of each new small engine. As there is no promulgated useful life period or in-use standard established in this initial phase of the small SI engine emission reduction program, EPA does not believe it is appropriate to require manufacturers to submit this information. C. Abbreviated or Streamlined Certification EPA is adding new subsections (f) to section 89.115-96, and (g) to section 90.107, that authorize the Administrator to modify the certification application information submission requirements. EPA believes that it is appropriate to require manufacturers to collect and maintain the application information specified in sections 89.115-96(d) and 90.107(d), but that it should not be necessary for manufacturers to submit this information in all cases unless specifically requested. Authority to modify information submission requirements will allow EPA to exercise some flexibility in designing and implementing the certification process for small SI and large CI engines. When the Agency exercises its authority to modify the information submission requirements, it will provide manufacturers with a guidance document, similar to manufacturer guidance issued under the on- highway program, that explains the modification(s). During the comment period on the recent small SI engine proposal, EPA received comments from the Engine Manufacturers Association (EMA), Outdoor Power Equipment Institute (OPEI), and the Portable Power Equipment Manufacturers Association (PPEMA) requesting that EPA harmonize its certification application requirements with the California Air Resources Board (CARB) in order to ease the paperwork burden on small SI engine manufacturers. A single identical application acceptable to both EPA and CARB was the preferred approach to EMA and OPEI, while PPEMA favored EPA acceptance of certification by CARB. The language being added to section 90.107(g)(1) (as well as to section 89.115- 96(f)(1)) will allow EPA to streamline application requirements for federal jurisdiction and 49 state certification applicants, and, where EPA finds that it is appropriate, to accept the CARB certification application. Although EPA anticipates that in most cases it will find it appropriate to accept the CARB certification application, the Agency reserves the right to deny such acceptance. For example, significant variations in test procedures may be sufficient reason for the Agency not to accept the CARB certification application. In addition, EPA recognizes that CARB may revise its certification application in the future; EPA may not find it appropriate to accept such a revised CARB certification application. In no case does EPA acceptance of a CARB certification application indicate that EPA necessarily will grant a certificate of conformity. The new subsections also clarify the recordkeeping requirements of section 89.124-96 and section 90.121 in regard to certification application records that a manufacturer is required to have available but is not required to submit, and the Administrator's right to review such records. Under new sections 89.115-96(f)(2) and 90.107(g)(2), manufacturers must retain records that comprise the certification application whether or not EPA requires that all such records be submitted to EPA at the time of certification. New sections 89.115-96(f)(3) and 90.107(g)(3) clarify the Administrator's right to review records at any time and at any place designated by the Administrator. IV. Public Participation and Effective Date EPA is publishing this action as a direct final rule because it views the changes contained herein as noncontroversial and anticipates no adverse or critical comments. This direct final rule alters existing provisions by reducing the certification reporting burden and allowing more flexibility in certification reporting requirements. Engine manufacturers should not take issue since they favor a lessened reporting burden in the certification program. Environmental groups and state and local governments should not take issue since the rule will not affect the emission reductions associated with small SI or large CI engine emission standards, nor will it affect adversely EPA's enforcement authority. This action will be effective on [60 days from date of publication] unless EPA is notified by [30 days from date of publication] that adverse or critical comment will be submitted. EPA requests that, should any adverse or critical comments be submitted, they be submitted according to the specific issues as identified below: (a) Test Engine Operating Cycle, Service Accumulation, and Maintenance (b) Maintenance Instructions (c) Abbreviated or Streamlined Certification Should EPA receive such notice of intent to submit adverse or critical comment on a specific issue identified above, EPA will publish an action withdrawing the provisions of this final action corresponding to that specific issue, and all adverse comments received will be addressed in a subsequent final rule based on a proposed rule that is published in the proposed rule section of today's Federal Register. IV. Administrative Requirements A. Administrative Designation Under Executive Order 12866 (58 FR 51735 (October 4, 1993)), EPA must determine whether a 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 entitlement, grants, user fees, or loan programs or the rights and obligations of recipients thereof; (4) raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in the order. EPA has 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 Office of Management and Budget (OMB) has approved the information collection requirements contained in this rule under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., and has assigned OMB control number 2060-0338 to the requirements associated with the nonroad small SI engine certification information collection request (ICR), and OMB control number 2060-0287 to the nonroad large CI engine certification ICR. This direct final rulemaking lessens the information collection request requirements associated with the nonroad small SI engine certification ICR (OMB No. 2060-0338) and the nonroad large CI engine certification ICR (OMB No. 2060-0287). Although the burden hours associated with emissions testing and recordkeeping remain the same, the burden hours associated with certification reporting decrease. For the small SI engine program, the total annual information collection request burden will decrease an estimated 45 percent (65,760 hours) to a new revised annual total ICR burden of 78,485 hours. This direct final rule also will reduce the total annual information collection request burden for the large CI engine certification program by an estimated 45 percent (63,361 hours), for a new revised annual total ICR burden of 78,005 hours. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An Agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations are listed in 40 CFR Part 9 and 48 CFR Chapter 15. C. Unfunded Mandates Act Section 202 of the Unfunded Mandates Reform Act of 1995 (signed into law on March 22, 1995) requires that EPA prepare a budgetary impact statement before promulgating a rule that includes a federal mandate that may result in expenditure by state, local, and tribal governments, in aggregate, or by the private sector, of $100 million or more in any one year. Section 203 of the Unfunded Mandates Reform Act requires EPA to establish a plan for obtaining input from and informing, educating, and advising any small governments that may be significantly or uniquely affected by the rule. Under section 205 of the Unfunded Mandates Act, EPA must identify and consider a reasonable number of regulatory alternatives before promulgating a rule for which a budgetary impact statement must be prepared. EPA must select from those alternatives the least costly, most cost-effective, or least burdensome alternative that achieves the objectives of the rule, unless EPA explains why this alternative is not selected or the selection of this alternative is inconsistent with law. Because this direct final rule is expected to result in the expenditure by state, local, and tribal governments or the private sector of less than $100 million in any one year, EPA has not prepared a budgetary impact statement or specifically addressed selection of the least costly, most cost-effective or least burdensome alternative. Because small governments will not be significantly or uniquely affected by this rule, EPA is not required to develop a plan with regard to small governments. D. Regulatory Flexibility Act The Regulatory Flexibility Act (5 U.S.C. 601) requires EPA to consider potential impacts of proposed regulations on small business. If a preliminary analysis indicates that a proposed regulation would have a significant adverse economic impact on a substantial number of small business entities, then a regulatory flexibility analysis must be prepared. An action which has a predominately deregulatory or beneficial economic effect on small business does not need a regulatory flexibility analysis. Since this rule is deregulatory in nature, has no significant adverse effect on small business, and decreases the reporting burden on all regulated entities, EPA has determined that it is not necessary to prepare a regulatory flexibility analysis. However, the Agency has taken the interests of small business entities into account in this action. This direct final rule relieves the regulatory burden on small businesses and minimizes the reporting requirements imposed on regulated entities, including smaller engine manufacturers, by authorizing EPA to modify certification application information submission requirements. The Agency intends to exercise this authority by reducing these requirements, and where appropriate, to accept the CARB certification application, thereby additionally reducing the paperwork burden on small SI engine manufacturers. Thus, EPA certifies that this rulemaking will not have a significant adverse effect on a substantial number of small entities. V. List of Subjects in 40 CFR Parts 89 and 90 Administrative practice and procedure, Air pollution control, Confidential business information, Environmental protection, Imports, Incorporation by reference, Labeling, Nonroad source pollution, Reporting requirements. Dated: __________________________ __________________________________ Carol M. Browner, Administrator For the reasons set out in the preamble, parts 89 and 90 of title 40 of the Code of Federal Regulations are amended as follows: PART 89-CONTROL OF EMISSIONS FROM NEW AND IN-USE NONROAD ENGINES 1. The authority citation for part 89 continues to read as follows: Authority: Sections 202, 203, 204, 205, 206, 207, 208, 209, 213, 215, 216, and 301(a) of the Clean Air Act, as amended (42 U.S.C. 7521, 7522, 7523, 7524, 7525, 7541, 7542, 7543, 7547, 7549, 7550, and 7601(a)). Subpart B-[Amended] 2. Section 89.115 is amended by revising paragraph (d)(5), redesignating the second paragraph (b) which follows paragraph (d)(10) to read as paragraph (e), and adding paragraph (f) to read as follows: Section 89.115-96 Application for certificate. * * * * * (d) * * * (5) The period of operation necessary to accumulate service hours on test engines and stabilize emission levels; * * * * * (e) * * * * * (f)(1) The Administrator may modify the information submission requirements of paragraph (d) of this section, provided that all of the information specified therein is maintained by the engine manufacturer as required by section 89.124-96, and amended, updated, or corrected as necessary. (2) For the purposes of this paragraph, section 89.124-96(a)(1) includes all information specified in paragraph (d) of this section whether or not such information is actually submitted to the Administrator for any particular model year. (3) The Administrator may review an engine manufacturer's records at any time. At the Administrator's discretion, this review may take place either at the manufacturer's facility or at another facility designated by the Administrator. PART 90-CONTROL OF EMISSIONS FROM NONROAD SPARK-IGNITION ENGINES 3. The authority citation for part 90 continues to read as follows: Authority: Sections 203, 204, 205, 206, 207, 208, 209, 213, 215, 216, and 301(a) of the Clean Air Act, as amended (42 U.S.C. 7522, 7523, 7524, 7525, 7541, 7542, 7543, 7547, 7549, 7550, and 7601(a)). Subpart B-[Amended] 4. Section 90.107 is amended by revising paragraphs (d)(5) and (d)(7), and adding paragraph (g) to read as follows: Section 90.107 Application for certification. * * * * * (d) * * * (5) The service accumulation period necessary to break-in the test engine(s) and stabilize emission levels. * * * * * (7) The proposed engine information label; * * * * * (g)(1) The Administrator may modify the information submission requirements of paragraph (d) of this section, provided that all of the information specified therein is maintained by the engine manufacturer as required by section 90.121, and amended, updated, or corrected as necessary. (2) For the purposes of this paragraph, section 90.121(a)(1) includes all information specified in paragraph (d) of this section whether or not such information is actually submitted to the Administrator for any particular model year. (3) The Administrator may review an engine manufacturer's records at any time. At the Administrator's discretion, this review may take place either at the manufacturer's facility or at another facility designated by the Administrator. 5. Section 90.118 is amended by revising paragraph (d) to read as follows: Section 90.118 Certification procedure -- service accumulation. * * * * * (d) The manufacturer must maintain, and provide to the Administrator if requested, records stating the rationale for selecting a service accumulation period less than 12 hours and records describing the method used to accumulate hours on the test engine(s). 61 FR 20779 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 89 and 90 [FRL- ] RIN 2060- Reduced Certification Reporting Requirements for New Nonroad Engines AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of proposed rulemaking. SUMMARY: Today's action proposes to revise certification requirements for new nonroad spark-ignition engines at or below 19 kilowatts (60 FR 34582), and new nonroad compression-ignition engines at or above 37 kilowatts (59 FR 31306), by reducing the reporting burden associated with the application for certification. In the final rule section of today's Federal Register, EPA is issuing these revisions as a direct final rule without prior proposal because EPA views the action as noncontroversial and anticipates no adverse comments. A detailed rationale for the revisions is set forth in the direct final rule. If no adverse comments are received in response to that direct final rule, no further activity is contemplated in relation to this proposed rule. If EPA receives adverse public comment on any of the specific issues identified in the direct final rule, EPA will publish one action withdrawing the provisions of the final action corresponding to that specific issue, and all adverse public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period on this action. Any parties interested on commenting on this action should do so at this time. DATES: Comments must be received on or before [30 days from date of publication]. ADDRESSES: Written comments should be submitted (in duplicate, if possible) to: EPA Air and Radiation Docket, Attention Docket No. A-95-57, room M-1500 (mail code 6102), 401 M St., S.W., Washington, D.C. 20460. The docket may be inspected at this location from 8:30 a.m. until 5:30 p.m. weekdays. The docket may also be reached by telephone at (202) 260-7548. As provided in 40 CFR part 2, a reasonable fee may be charged by EPA for photocopying. FOR FURTHER INFORMATION CONTACT: Laurel Horne, (313) 741-7803. SUPPLEMENTARY INFORMATION: For additional information, see the direct final rule published in the rules section of today's Federal Register. List of Subjects in 40 CFR Parts 89 and 90 Administrative practice and procedure, Air pollution control, Confidential business information, Environmental protection, Imports, Incorporation by reference, Labeling, Nonroad source pollution, Reporting requirements. Dated: __________________________ __________________________________ Carol M. Browner, Administrator