Air pollution control; motor vehicles and engines: Federal test procedure for emissions from motor vehicles; reporting and recordkeeping requirements,

[Federal Register: August 12, 1999 (Volume 64, Number 155)]

[Rules and Regulations]

[Page 43936-43937]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr12au99-11]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 9 and 86

[FRL-6409-2]

OMB Approvals Under the Paperwork Reduction Act Relating to the Federal Test Procedure for Emissions From Motor Vehicles; Technical Amendment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

SUMMARY: In compliance with the Paperwork Reduction Act (PRA), this technical amendment amends the table that lists the Office of Management and Budget (OMB) control numbers issued under the PRA for Final Regulations for Revisions to the Federal Test Procedure for Emissions From Motor Vehicles. This document also announces the effective dates of certain sections in the Code of Federal Regulations which contained information collection requirements and which were originally published in the Federal Register on October 22, 1996.

EFFECTIVE DATES: The amendment to 40 CFR 9.1 is effective August 12, 1999. 40 CFR 86.000-7, 86.000-8, 86.000-9, 86.000-21, 86.000-23, 86.000-24, 86.000-25, 86.000-26, 86.000-28, 86.001-9, 86.001-21, 86.001-23, 86.001-24, 86.001-25, 86.001-26, 86.001-28, 86.004-9, 86.004-28, 86.108-00, 86.129-00, 86.159-00, 86.160-00, 86.161-00, 86.162-00 and 86.162-03 became effective on August 27, 1997 when the Office of Management and Budget (OMB) approved their information collection requirements.

FOR FURTHER INFORMATION CONTACT: Richard W. Nash, Vehicle Programs and Compliance Division, U. S. Environmental Protection Agency, 2565 Plymouth Rd, Ann Arbor MI 48105; (734) 214-4412; nash.dick@epa.gov.

SUPPLEMENTARY INFORMATION: EPA is amending the table of currently approved information collection request (ICR) control numbers issued by OMB for various regulations. The amendment updates the table to list those information collection requirements promulgated under the Final Regulations for Revisions to the Federal Test Procedure for Emissions From Motor Vehicles, which appeared in the Federal Register on October 22, 1996, 61 FR 54852; OMB approved the information collection requirements on August 27,1997 (ICR 0783.36, OMB 2060-0104). The affected regulations are codified at 40 CFR part 86. EPA will continue to present OMB control numbers in a consolidated table format to be codified in 40 CFR part 9 of the Agency's regulations, and in each CFR volume containing EPA regulations. The table lists CFR citations with reporting, recordkeeping, or other information collection requirements, and the current OMB control numbers. This listing of the OMB control numbers and their subsequent codification in the CFR satisfies the requirements of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.) and OMB's implementing regulations at 5 CFR part 1320. By this action, EPA is also announcing that these sections, which contain information collection requirements, became effective when approved by OMB on August 27, 1997.

This ICR was previously subject to public notice and comment prior to OMB approval. Due to the technical nature of the table, EPA finds that further notice and comment is unnecessary. As a result, EPA finds that there is ``good cause'' under section 553(b)(B) of the Administrative Procedure Act, 5 U.S.C. 553(b)(B), to amend this table without prior notice and comment.

1. Administrative Requirements

Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is not a ``significant regulatory action'' and is therefore not subject to review by the Office of Management and Budget. In addition, this action does not impose any enforceable duty, contain any unfunded mandate, or impose any significant or unique impact on small governments as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4). This rule also does not require prior consultation with State, local, and tribal government officials as specified by Executive Order 12875 (58

[[Page 43937]]

FR 58093, October 28, 1993) or Executive Order 13084 (63 FR 27655 (May 10, 1998), or involve special consideration of environmental justice related issues as required by Executive Order 12898 (59 FR 7629, February 16, 1994). Because this action is not subject to notice-and- comment requirements under the Administrative Procedure Act or any other statute, it is not subject to the regulatory flexibility provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). This rule also is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997) because EPA interprets Executive Order 13045 as applying only to those regulatory actions that are based on health or safety risks, such that the analysis required under section 5-501 of the Executive Order has the potential to influence the regulation. This rule is not subject to Executive Order 13045 because it does not establish an environmental standard intended to mitigate health or safety risks.

Congressional Review Act

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. Section 808 allows the issuing agency to make a good cause finding that notice and public procedure is impracticable, unnecessary or contrary to the public interest. This determination must be supported by a brief statement. 5 U.S.C. 808(2). As stated previously, EPA has made such a good cause finding, including the reasons therefor, and established an effective date of August 12, 1999 for the amendment to 40 CFR 9.1. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects

40 CFR Part 9

Environmental protection, Reporting and recordkeeping requirements.

40 CFR Part 86

Environmental protection, Administrative practice and procedure, Confidential business information, Labeling, Motor vehicle pollution, Reporting and recordkeeping requirements.

Dated: July 22, 1999. Joseph Retzer, Director, Regulatory Information Division, Office of Policy.

For the reasons set out in the preamble, 40 CFR part 9 is amended as follows:

PART 9--[AMENDED]

1. The authority citation for part 9 continues to read as follows:

   Authority: 7 U.S.C. 135 et seq., 136-136y; 15 U.S.C. 2001, 2003, 2005, 2006, 2601-2671; 21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33 U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, 1321, 1326, 1330, 1342, 1344, 1345 (d) and (e), 1361; E.O. 11735, 38 FR 21243, 3 CFR, 1971-1975 Comp. p. 973; 42 U.S.C. 241, 242b, 243, 246, 300f, 300g, 300g-1, 300g-2, 300g-3, 300g-4, 300g-5, 300g-6, 300j-1, 300j-2, 300j-3, 300j-4, 300j-9, 1857 et seq., 6901-6992k, 7401-7671q, 7542, 9601-9657, 11023, 11048.

2. In Sec. 9.1 the table is amended by adding new entries in numerical order under the following centerheading to read as follows:

   Sec. 9.1 OMB approvals under the Paperwork Reduction Act.

   * * * * *

   40 CFR citation

   OMB Control No.

   *

   *

   *

   *

   *

   *

   Control of Air Pollution From New and In-Use Motor Vehicles and New and In-Use Motor Vehicle Engines: Certification and Test Procedures

   86.000-7.............................................

   2060-0104 86.000-8.............................................

   2060-0104 86.000-9.............................................

   2060-0104 86.000-21............................................

   2060-0104 86.000-23............................................

   2060-0104 86.000-24............................................

   2060-0104 86.000-25............................................

   2060-0104 86.000-26............................................

   2060-0104 86.000-28............................................

   2060-0104 86.001-9.............................................

   2060-0104 86.001-21............................................

   2060-0104 86.001-23............................................

   2060-0104 86.001-24............................................

   2060-0104 86.001-25............................................

   2060-0104 86.001-26............................................

   2060-0104 86.001-28............................................

   2060-0104 86.004-9.............................................

   2060-0104 86.004-28............................................

   2060-0104

   *

   *

   *

   *

   * 86.108-00............................................

   2060-0104

   *

   *

   *

   *

   * 86.129-00............................................

   2060-0104

   *

   *

   *

   *

   * 86.159-00............................................

   2060-0104 86.160-00............................................

   2060-0104 86.161-00............................................

   2060-0104 86.162-00............................................

   2060-0104 86.162-03............................................

   2060-0104 86.163-00............................................

   2060-0104

   * * * * *

   [FR Doc. 99-19267Filed8-11-99; 8:45 am]

   BILLING CODE 6560-50-P