Federal Register 01/03/96 [61 FR 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 Small-Volume 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: Sec. 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 Small- Volume 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 of a clean-fuel vehicle aftermarket conversion. * * * * * [FR Doc. 96-102 Filed 1-2-96; 8:45 am] BILLING CODE 6560-50-P