82_FR_39711 82 FR 39551 - Request for Comment on Reconsideration of the Final Determination of the Mid-Term Evaluation of Greenhouse Gas Emissions Standards for Model Year 2022-2025 Light-Duty Vehicles; Request for Comment on Model Year 2021 Greenhouse Gas Emissions Standards

82 FR 39551 - Request for Comment on Reconsideration of the Final Determination of the Mid-Term Evaluation of Greenhouse Gas Emissions Standards for Model Year 2022-2025 Light-Duty Vehicles; Request for Comment on Model Year 2021 Greenhouse Gas Emissions Standards

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 160 (August 21, 2017)

Page Range39551-39553
FR Document2017-17419

In a March 22, 2017, Federal Register document, the Environmental Protection Agency (EPA) announced its intention to reconsider the Final Determination of the Mid-term Evaluation of greenhouse gas emissions standards for model year 2022-2025 light-duty vehicles and to coordinate its reconsideration with the parallel rulemaking process to be undertaken by the Department of Transportation's National Highway Traffic Safety Administration (NHTSA) regarding Corporate Average Fuel Economy (CAFE) standards for cars and light trucks for the same model years. In this document, EPA is announcing that it is reconsidering whether the light-duty vehicle greenhouse gas standards previously established for model years 2022- 2025 are appropriate under section 202(a) of the Clean Air Act and invites stakeholders to submit any comments, data, and information they believe are relevant to the Administrator's reconsideration of the January 2017 Mid-term Evaluation Final Determination and in particular, highlight any new information. As part of a 2012 joint final rulemaking by the EPA and NHTSA, the Mid-term Evaluation process was codified in EPA regulation for greenhouse gas emission standards for model years 2017-2025 light-duty vehicles, which requires EPA to determine no later than April 1, 2018, whether the standards for model years 2022-2025 are appropriate.\1\ In accord with this schedule, as noted in the March 22, 2017, document and this document, EPA intends to make a Final Determination regarding the appropriateness of the model year 2022-2025 standards no later than April 1, 2018. In this document, EPA is also requesting comment on the separate question of whether the light-duty vehicle greenhouse gas standards established for model year 2021 remain appropriate, regardless of the agency's decision on the MTE. ---------------------------------------------------------------------------

Federal Register, Volume 82 Issue 160 (Monday, August 21, 2017)
[Federal Register Volume 82, Number 160 (Monday, August 21, 2017)]
[Proposed Rules]
[Pages 39551-39553]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-17419]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Parts 523, 531, 533, 536 and 537

[NHTSA-2016-0068]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 86

[EPA-HQ-OAR-2015-0827; FRL-9966-62-OAR]


Request for Comment on Reconsideration of the Final Determination 
of the Mid-Term Evaluation of Greenhouse Gas Emissions Standards for 
Model Year 2022-2025 Light-Duty Vehicles; Request for Comment on Model 
Year 2021 Greenhouse Gas Emissions Standards

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation (DOT), Environmental Protection Agency 
(EPA).

ACTION: Request for comment.

-----------------------------------------------------------------------

SUMMARY: In a March 22, 2017, Federal Register document, the 
Environmental Protection Agency (EPA) announced its intention to 
reconsider the Final Determination of the Mid-term Evaluation of 
greenhouse gas emissions standards for model year 2022-2025 light-duty 
vehicles and to coordinate its reconsideration with the parallel 
rulemaking process to be undertaken by the Department of 
Transportation's National Highway Traffic Safety Administration (NHTSA) 
regarding Corporate Average Fuel Economy (CAFE) standards for cars and 
light trucks for the same model years. In this document, EPA is 
announcing that it is reconsidering whether the light-duty vehicle 
greenhouse gas standards previously established for model years 2022-
2025 are appropriate under section 202(a) of the Clean Air Act and 
invites stakeholders to submit any comments, data, and information they 
believe are relevant to the Administrator's reconsideration of the 
January 2017 Mid-term Evaluation Final Determination and in particular, 
highlight any new information. As part of a 2012 joint final rulemaking 
by the EPA and NHTSA, the Mid-term Evaluation process was codified in 
EPA regulation for greenhouse gas emission standards for model years 
2017-2025 light-duty vehicles, which requires EPA to determine no later 
than April 1, 2018,

[[Page 39552]]

whether the standards for model years 2022-2025 are appropriate.\1\ In 
accord with this schedule, as noted in the March 22, 2017, document and 
this document, EPA intends to make a Final Determination regarding the 
appropriateness of the model year 2022-2025 standards no later than 
April 1, 2018. In this document, EPA is also requesting comment on the 
separate question of whether the light-duty vehicle greenhouse gas 
standards established for model year 2021 remain appropriate, 
regardless of the agency's decision on the MTE.
---------------------------------------------------------------------------

    \1\ 40 CFR 86.1818-12(h); see also 77 FR 62624 (October 15, 
2012).

DATES: Comments must be received on or before October 5, 2017. EPA will 
announce the public hearing date and location for this document in a 
---------------------------------------------------------------------------
supplemental Federal Register publication.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2015-0827 to the Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions. Once submitted, 
your submittal cannot be edited or withdrawn. The EPA may publish any 
submittals received to its public docket. Do not submit electronically 
to the docket any information you consider to be Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Multimedia submissions (audio, video, etc.) must be 
accompanied by a written submittal. The written comment is considered 
the official comment and should include discussion of all points you 
wish to make. The EPA will generally not consider comments or comment 
contents located outside of the primary submission (i.e. on the web, 
cloud, or other file sharing system). Contact the EPA contact person 
listed below if you would like to provide CBI to the agency for 
consideration. For additional submission methods, the full EPA public 
comment policy, information about CBI or multimedia submissions, and 
general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Christopher Lieske, Office of 
Transportation and Air Quality (OTAQ), Assessment and Standards 
Division (ASD), Environmental Protection Agency, 2000 Traverwood Drive, 
Ann Arbor MI 48105; telephone number: (734) 214-4584; email address: 
[email protected]; fax number: 734-214-4816; and Rebecca 
Schade, Office of the Chief Counsel, National Highway Traffic Safety 
Administration, 1200 New Jersey Avenue SE., Washington, DC 20590; 
telephone: (202) 366-2992.

SUPPLEMENTARY INFORMATION: 

I. Public Participation

    Materials related to the Mid-term Evaluation are available in the 
public docket noted above and at https://www.epa.gov/regulations-emissions-vehicles-and-engines/midterm-evaluation-light-duty-vehicle-ghg-emissions.

A. How do I prepare and submit information?

    Direct your submittals to Docket ID No EPA-HQ-OAR-2015-0827. EPA's 
policy is that all submittals received will be included in the public 
docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the submittal includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute.
    Do not submit information to the docket that you consider to be CBI 
or otherwise protected through www.regulations.gov. The 
www.regulations.gov Web site is an ``anonymous access'' system, which 
means EPA will not know your identity or contact information unless you 
provide it in the body of your submittal. If you submit an electronic 
submittal, EPA recommends that you include your name and other contact 
information in the body of your submittal and with any disk or CD-ROM 
you submit. Electronic files should avoid the use of special 
characters, any form of encryption, and be free of any defects or 
viruses. For additional information about EPA's public docket visit the 
EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    EPA will also hold a public hearing on this notice. We will 
announce the public hearing date and location in a supplemental Federal 
Register notice.

B. Submitting CBI

    Do not submit this information to EPA through www.regulations.gov 
or email. Clearly mark the part or all of the information that you 
claim to be CBI. For CBI information in a disk or CD ROM that you mail 
to EPA, mark the outside of the disk or CD ROM as CBI and then identify 
electronically within the disk or CD ROM the specific information that 
is claimed as CBI. In addition to one complete version of the comment 
that includes information claimed as CBI, a copy of the comment that 
does not contain the information claimed as CBI must be submitted for 
inclusion in the public docket. Information so marked will not be 
disclosed except in accordance with procedures set forth in 40 CFR part 
2.

C. Tips for Preparing Your Comments

    When submitting comments, remember to:
     Identify the action by docket number and other identifying 
information (subject heading, Federal Register date and page number).
     Explain why you agree or disagree; suggest alternatives 
and substitute language for your requested changes.
     Describe any assumptions and provide any technical 
information and/or data that you used.
     If you estimate potential costs or burdens, explain how 
you arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
     Provide specific examples to illustrate your concerns, and 
suggest alternatives.
     Explain your views as clearly as possible, avoiding the 
use of profanity or personal threats.
     Make sure to submit your comments by the comment period 
deadline identified in the DATES section above.

II. Additional Information

    In a March 22, 2017, Federal Register document, the Environmental 
Protection Agency announced its intention to reconsider the Final 
Determination of the Mid-term Evaluation of greenhouse gas emissions 
standards for model year 2022-2025 light-duty vehicles and to 
coordinate its reconsideration with the parallel rulemaking process to 
be undertaken by the Department of Transportation's National Highway 
Traffic Safety Administration (NHTSA) regarding Corporate Average Fuel 
Economy (CAFE) standards for cars and light trucks for the same model 
years.\2\ In this document, EPA is announcing that it is reconsidering 
whether the light-duty vehicle greenhouse gas standards previously 
established for model years 2022-2025 are appropriate under section 
202(a) of the Clean Air Act and invites stakeholders to submit any 
comments, data, and information they believe are relevant to the 
Administrator's reconsideration of the Final Determination and in 
particular, highlight any new information. As part of a 2012 joint 
final rulemaking by the EPA and NHTSA, the Mid-term

[[Page 39553]]

Evaluation process was codified in EPA regulation for greenhouse gas 
emission standards for model years 2017-2025 light-duty vehicles, which 
requires EPA to determine no later than April 1, 2018, whether the 
standards for model years 2022-2025 are appropriate.\3\ In November 
2016, EPA issued a proposed determination for the Mid-Term 
Evaluation.\4\ On January 12, 2017, the EPA Administrator signed the 
Final Determination of the Mid-Term Evaluation.
---------------------------------------------------------------------------

    \2\ 82 FR 14671.
    \3\ 77 FR 62624 (October 15, 2012). NHTSA is statutorily 
required to conduct a de novo rulemaking on MY 2022 to 2025 
standards for light-duty vehicles. NHTSA has recently taken the 
first step in this process by publishing the ``Notice of Intent To 
Prepare an Environmental Impact Statement for Model Year 2022-2025 
Corporate Average Fuel Economy Standards'' on July 26, 2017.
    \4\ 81 FR 87927 (Dec. 6, 2016).
---------------------------------------------------------------------------

    Some stakeholders previously commented that they were preparing 
studies to inform the Mid-term Evaluation that were not ready for 
submission during the previous Mid-term Evaluation comment periods. 
This additional comment period provides an opportunity for commenters 
to submit to EPA additional studies and other materials as well as to 
complete the preparation of their comments, or submit additional 
comments in light of newly available information. There is an existing 
body of EPA analyses and public comments already in the docket. Please 
note that the agency is primarily interested in comments relevant to 
the reconsideration of the Final Determination, rather than the 
Technical Assessment Report (TAR), which is not being reopened for 
comment in this document. Additionally, NHTSA has been working closely 
with stakeholders to develop its forthcoming rulemaking since the March 
2017 joint document with EPA, and encourages commenters wishing to 
inform those efforts to directly participate in NHTSA's rulemaking 
process.
    EPA's reconsideration will be conducted in accordance with the 
regulations EPA established for the Mid-term Evaluation at 40 CFR 
86.1818-12(h). These regulations state that in making the required 
determination as to whether the existing standards are appropriate 
under section 202(a) of the Clean Air Act, the Administrator shall 
consider the information available on the factors relevant to setting 
greenhouse gas emission standards under section 202(a) of the Clean Air 
Act for model years 2022 through 2025, including but not limited to:
     The availability and effectiveness of technology, and the 
appropriate lead time for introduction of technology;
     The cost on the producers or purchasers of new motor 
vehicles or new motor vehicle engines;
     The feasibility and practicability of the standards;
     The impact of the standards on reduction of emissions, oil 
conservation, energy security, and fuel savings by consumers;
     The impact of the standards on the automobile industry;
     The impacts of the standards on automobile safety;
     The impact of the greenhouse gas emission standards on the 
Corporate Average Fuel Economy standards and a national harmonized 
program; and
     The impact of the standards on other relevant factors.\5\
---------------------------------------------------------------------------

    \5\ 40 CFR 86.1818-12(h)(1).
---------------------------------------------------------------------------

    Pursuant to 40 CFR 86.1818-12(h)(1)(viii), EPA also invites 
comments on the following other factors relevant to setting greenhouse 
gas emission standards under section 202(a) of the Clean Air Act for 
model years 2022 through 2025:
     The impact of the standards on compliance with other air 
quality standards;
     The extent to which consumers value fuel savings from 
greater efficiency of vehicles;
     The ability for OEMs to incorporate fuel saving 
technologies, including those with ``negative costs,'' absent the 
standards;
     The distributional consequences on households;
     The appropriate reference fleet;
     The impact of the standards on advanced fuels technology, 
including but not limited to the potential for high-octane blends;
     The availability of realistic technological concepts for 
improving efficiency in automobiles that consumers demand, as well as 
any indirect impacts on emissions;
     The advantages or deficiencies in EPA's past approaches to 
forecasting and projecting automobile technologies, including but not 
limited to baseline projections for compliance costs, technology 
penetration rates, technology performance, etc.;
     The impact of the standards on consumer behavior, 
including but not limited to consumer purchasing behavior and consumer 
automobile usage behavior (e.g. impacts on rebound, fleet turnover, 
consumer welfare effects, etc.); and
     Any relevant information in light of newly available 
information.
    In addition, EPA seeks comment on the use of alternative 
methodologies and modeling systems to assess both analytical inputs and 
the standards, including but not limited to the Department of Energy's 
(DOE's) Argonne National Laboratory's Autonomie full vehicle simulation 
tool and DOT's CAFE Compliance and Effects Model.
    In accord with the schedule set forth in its regulations, the EPA 
intends to make a Final Determination regarding the appropriateness of 
the model year 2022-2025 greenhouse gas standards, and potentially the 
model year 2021 greenhouse gas standard, no later than April 1, 2018.
    In this document, in the interest of harmonization between the GHG 
and CAFE programs, EPA is also requesting comment on the separate 
question of whether the light-duty vehicle greenhouse gas standards 
established for model year 2021 are appropriate. In its July 26, 2017, 
``Notice of Intent To Prepare an Environmental Impact Statement for 
Model Year 2022-2025 Corporate Average Fuel Economy Standards,'' NHTSA 
stated that as part of its upcoming CAFE rulemaking, it may evaluate 
the model year 2021 standards it finalized in 2012 to ensure they 
remain ``maximum feasible'' (See 82 FR 34742). Please provide comment 
on the continued appropriateness of the model year 2021 GHG standards 
based on the application of the factors described above or any other 
factors that commenters believe are appropriate.

    Dated: August 10, 2017.
Elaine L. Chao,
Secretary, Department of Transportation.
    Dated: August 10, 2017.
E. Scott Pruitt,
Administrator, Environmental Protection Agency.
[FR Doc. 2017-17419 Filed 8-18-17; 8:45 am]
 BILLING CODE 6560-50-P



                                                                             Federal Register / Vol. 82, No. 160 / Monday, August 21, 2017 / Proposed Rules                                           39551

                                                      AGL SD E5 Rosebud, SD [New]                             you wish to make. EPA will generally                  DEPARTMENT OF TRANSPORTATION
                                                      Rosebud Sioux Tribal Airport, SD                        not consider comments or comment
                                                        (Lat. 43°15′31″ N., long. 100°51′34″ W.)              contents located outside of the primary               National Highway Traffic Safety
                                                        That airspace extending upward from 700               submission (i.e. on the web, cloud, or                Administration
                                                      feet above the surface within a 6.4-mile                other file sharing system). For
                                                      radius of Rosebud Sioux Tribal Airport.                 additional submission methods, the full               49 CFR Parts 523, 531, 533, 536 and
                                                        Issued in Fort Worth, TX, on August 14,               EPA public comment policy,                            537
                                                      2017.                                                   information about CBI or multimedia                   [NHTSA–2016–0068]
                                                      Christopher L. Southerland,                             submissions, and general guidance on
                                                      Acting Manager, Operations Support Group,               making effective comments, please visit               ENVIRONMENTAL PROTECTION
                                                      ATO Central Service Center.                             http://www2.epa.gov/dockets/                          AGENCY
                                                      [FR Doc. 2017–17509 Filed 8–18–17; 8:45 am]             commenting-epa-dockets.
                                                      BILLING CODE 4910–13–P
                                                                                                                                                                    40 CFR Part 86
                                                                                                              FOR FURTHER INFORMATION CONTACT:    D.
                                                                                                                                                                    [EPA–HQ–OAR–2015–0827; FRL–9966–62–
                                                                                                              Brad Akers, Air Regulatory Management                 OAR]
                                                      ENVIRONMENTAL PROTECTION                                Section, Air Planning and
                                                      AGENCY                                                  Implementation Branch, Air, Pesticides                Request for Comment on
                                                                                                              and Toxics Management Division, U.S.                  Reconsideration of the Final
                                                      40 CFR Part 52                                          Environmental Protection Agency,                      Determination of the Mid-Term
                                                                                                              Region 4, 61 Forsyth Street SW.,                      Evaluation of Greenhouse Gas
                                                      [EPA–R04–OAR–2017–0387; FRL–9966–33–                                                                          Emissions Standards for Model Year
                                                      Region 4]                                               Atlanta, Georgia 30303–8960. Mr. Akers
                                                                                                              can be reached via telephone at (404)                 2022–2025 Light-Duty Vehicles;
                                                      Air Plan Approval; SC: Miscellaneous                    562–9089 or via electronic mail at                    Request for Comment on Model Year
                                                      Revisions to Multiple Rules                             akers.brad@epa.gov.                                   2021 Greenhouse Gas Emissions
                                                                                                                                                                    Standards
                                                      AGENCY:  Environmental Protection                       SUPPLEMENTARY INFORMATION:        In the
                                                      Agency (EPA).                                           Final Rules Section of this Federal                   AGENCY:  National Highway Traffic
                                                                                                              Register, EPA is approving the State’s                Safety Administration (NHTSA),
                                                      ACTION: Proposed rule.
                                                                                                                                                                    Department of Transportation (DOT),
                                                                                                              implementation plan revision as a direct
                                                      SUMMARY:   The Environmental Protection                                                                       Environmental Protection Agency
                                                                                                              final rule without prior proposal
                                                      Agency (EPA) is proposing to approve                                                                          (EPA).
                                                                                                              because the Agency views this as a
                                                      changes to the South Carolina State                                                                           ACTION: Request for comment.
                                                                                                              noncontroversial submittal and
                                                      Implementation Plan (SIP) to revise                     anticipates no adverse comments. A                    SUMMARY:   In a March 22, 2017, Federal
                                                      several miscellaneous rules, covering
                                                                                                              detailed rationale for the approval is set            Register document, the Environmental
                                                      definitions, source tests, credible
                                                                                                              forth in the direct final rule. If no                 Protection Agency (EPA) announced its
                                                      evidence, open burning, air pollution
                                                                                                              adverse comments are received in                      intention to reconsider the Final
                                                      episodes, and fugitive particulate
                                                                                                              response to this rule, no further activity            Determination of the Mid-term
                                                      matter. EPA is proposing to approve
                                                                                                              is contemplated. If EPA receives adverse              Evaluation of greenhouse gas emissions
                                                      portions of SIP revisions submitted by
                                                                                                              comments, the direct final rule will be               standards for model year 2022–2025
                                                      the State of South Carolina, through the
                                                                                                              withdrawn and all public comments                     light-duty vehicles and to coordinate its
                                                      South Carolina Department of Health
                                                                                                              received will be addressed in a                       reconsideration with the parallel
                                                      and Environmental Control on the
                                                                                                              subsequent final rule based on this                   rulemaking process to be undertaken by
                                                      following dates: July 18, 2011, June 17,
                                                                                                              proposed rule. EPA will not institute a               the Department of Transportation’s
                                                      2013, April 10, 2014, August 8, 2014,
                                                                                                              second comment period on this                         National Highway Traffic Safety
                                                      January 20, 2016, and July 27, 2016.
                                                                                                              document. Any parties interested in                   Administration (NHTSA) regarding
                                                      These actions are being proposed
                                                                                                                                                                    Corporate Average Fuel Economy
                                                      pursuant to the Clean Air Act.                          commenting on this document should
                                                                                                                                                                    (CAFE) standards for cars and light
                                                      DATES: Written comments must be                         do so at this time.
                                                                                                                                                                    trucks for the same model years. In this
                                                      received on or before September 20,                       Dated: August 4, 2017.                              document, EPA is announcing that it is
                                                      2017.                                                   V. Anne Heard,                                        reconsidering whether the light-duty
                                                      ADDRESSES: Submit your comments,                        Acting Regional Administrator, Region 4.              vehicle greenhouse gas standards
                                                      identified by Docket ID No. EPA–R04–                    [FR Doc. 2017–17236 Filed 8–18–17; 8:45 am]
                                                                                                                                                                    previously established for model years
                                                      OAR–2017–0387 at http://                                                                                      2022–2025 are appropriate under
                                                                                                              BILLING CODE 6560–50–P
                                                      www.regulations.gov. Follow the online                                                                        section 202(a) of the Clean Air Act and
                                                      instructions for submitting comments.                                                                         invites stakeholders to submit any
                                                      Once submitted, comments cannot be                                                                            comments, data, and information they
                                                      edited or removed from Regulations.gov.                                                                       believe are relevant to the
                                                      EPA may publish any comment received                                                                          Administrator’s reconsideration of the
                                                      to its public docket. Do not submit                                                                           January 2017 Mid-term Evaluation Final
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS




                                                      electronically any information you                                                                            Determination and in particular,
                                                      consider to be Confidential Business                                                                          highlight any new information. As part
                                                      Information (CBI) or other information                                                                        of a 2012 joint final rulemaking by the
                                                      whose disclosure is restricted by statute.                                                                    EPA and NHTSA, the Mid-term
                                                      Multimedia submissions (audio, video,                                                                         Evaluation process was codified in EPA
                                                      etc.) must be accompanied by a written                                                                        regulation for greenhouse gas emission
                                                      comment. The written comment is                                                                               standards for model years 2017–2025
                                                      considered the official comment and                                                                           light-duty vehicles, which requires EPA
                                                      should include discussion of all points                                                                       to determine no later than April 1, 2018,


                                                 VerDate Sep<11>2014   17:21 Aug 18, 2017   Jkt 241001   PO 00000   Frm 00007   Fmt 4702   Sfmt 4702   E:\FR\FM\21AUP1.SGM   21AUP1


                                                      39552                  Federal Register / Vol. 82, No. 160 / Monday, August 21, 2017 / Proposed Rules

                                                      whether the standards for model years                   Office of the Chief Counsel, National                 claimed as CBI, a copy of the comment
                                                      2022–2025 are appropriate.1 In accord                   Highway Traffic Safety Administration,                that does not contain the information
                                                      with this schedule, as noted in the                     1200 New Jersey Avenue SE.,                           claimed as CBI must be submitted for
                                                      March 22, 2017, document and this                       Washington, DC 20590; telephone: (202)                inclusion in the public docket.
                                                      document, EPA intends to make a Final                   366–2992.                                             Information so marked will not be
                                                      Determination regarding the                             SUPPLEMENTARY INFORMATION:                            disclosed except in accordance with
                                                      appropriateness of the model year 2022–                                                                       procedures set forth in 40 CFR part 2.
                                                      2025 standards no later than April 1,                   I. Public Participation
                                                      2018. In this document, EPA is also                        Materials related to the Mid-term                  C. Tips for Preparing Your Comments
                                                      requesting comment on the separate                      Evaluation are available in the public                   When submitting comments,
                                                      question of whether the light-duty                      docket noted above and at https://                    remember to:
                                                      vehicle greenhouse gas standards                        www.epa.gov/regulations-emissions-                       • Identify the action by docket
                                                      established for model year 2021 remain                  vehicles-and-engines/midterm-                         number and other identifying
                                                      appropriate, regardless of the agency’s                 evaluation-light-duty-vehicle-ghg-                    information (subject heading, Federal
                                                      decision on the MTE.                                    emissions.                                            Register date and page number).
                                                      DATES: Comments must be received on                                                                              • Explain why you agree or disagree;
                                                                                                              A. How do I prepare and submit                        suggest alternatives and substitute
                                                      or before October 5, 2017. EPA will                     information?
                                                      announce the public hearing date and                                                                          language for your requested changes.
                                                      location for this document in a                            Direct your submittals to Docket ID                   • Describe any assumptions and
                                                      supplemental Federal Register                           No EPA–HQ–OAR–2015–0827. EPA’s                        provide any technical information and/
                                                      publication.                                            policy is that all submittals received                or data that you used.
                                                                                                              will be included in the public docket                    • If you estimate potential costs or
                                                      ADDRESSES: Submit your comments,                        without change and may be made                        burdens, explain how you arrived at
                                                      identified by Docket ID No. EPA–HQ–                     available online at www.regulations.gov,              your estimate in sufficient detail to
                                                      OAR–2015–0827 to the Federal                            including any personal information                    allow for it to be reproduced.
                                                      eRulemaking Portal: http://                             provided, unless the submittal includes                  • Provide specific examples to
                                                      www.regulations.gov. Follow the online                  information claimed to be Confidential                illustrate your concerns, and suggest
                                                      instructions. Once submitted, your                      Business Information (CBI) or other                   alternatives.
                                                      submittal cannot be edited or                           information whose disclosure is                          • Explain your views as clearly as
                                                      withdrawn. The EPA may publish any                      restricted by statute.                                possible, avoiding the use of profanity
                                                      submittals received to its public docket.                  Do not submit information to the                   or personal threats.
                                                      Do not submit electronically to the                     docket that you consider to be CBI or                    • Make sure to submit your
                                                      docket any information you consider to                  otherwise protected through                           comments by the comment period
                                                      be Confidential Business Information                    www.regulations.gov. The                              deadline identified in the DATES section
                                                      (CBI) or other information whose                        www.regulations.gov Web site is an                    above.
                                                      disclosure is restricted by statute.                    ‘‘anonymous access’’ system, which
                                                      Multimedia submissions (audio, video,                                                                         II. Additional Information
                                                                                                              means EPA will not know your identity
                                                      etc.) must be accompanied by a written                  or contact information unless you                        In a March 22, 2017, Federal Register
                                                      submittal. The written comment is                       provide it in the body of your submittal.             document, the Environmental
                                                      considered the official comment and                     If you submit an electronic submittal,                Protection Agency announced its
                                                      should include discussion of all points                 EPA recommends that you include your                  intention to reconsider the Final
                                                      you wish to make. The EPA will                          name and other contact information in                 Determination of the Mid-term
                                                      generally not consider comments or                      the body of your submittal and with any               Evaluation of greenhouse gas emissions
                                                      comment contents located outside of the                 disk or CD–ROM you submit. Electronic                 standards for model year 2022–2025
                                                      primary submission (i.e. on the web,                    files should avoid the use of special                 light-duty vehicles and to coordinate its
                                                      cloud, or other file sharing system).                   characters, any form of encryption, and               reconsideration with the parallel
                                                      Contact the EPA contact person listed                   be free of any defects or viruses. For                rulemaking process to be undertaken by
                                                      below if you would like to provide CBI                  additional information about EPA’s                    the Department of Transportation’s
                                                      to the agency for consideration. For                    public docket visit the EPA Docket                    National Highway Traffic Safety
                                                      additional submission methods, the full                 Center homepage at http://                            Administration (NHTSA) regarding
                                                      EPA public comment policy,                              www.epa.gov/epahome/dockets.htm.                      Corporate Average Fuel Economy
                                                      information about CBI or multimedia                        EPA will also hold a public hearing                (CAFE) standards for cars and light
                                                      submissions, and general guidance on                    on this notice. We will announce the                  trucks for the same model years.2 In this
                                                      making effective comments, please visit                 public hearing date and location in a                 document, EPA is announcing that it is
                                                      http://www2.epa.gov/dockets/                            supplemental Federal Register notice.                 reconsidering whether the light-duty
                                                      commenting-epa-dockets.                                                                                       vehicle greenhouse gas standards
                                                                                                              B. Submitting CBI                                     previously established for model years
                                                      FOR FURTHER INFORMATION CONTACT:
                                                      Christopher Lieske, Office of                             Do not submit this information to EPA               2022–2025 are appropriate under
                                                      Transportation and Air Quality (OTAQ),                  through www.regulations.gov or email.                 section 202(a) of the Clean Air Act and
                                                                                                              Clearly mark the part or all of the                   invites stakeholders to submit any
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                                                      Assessment and Standards Division
                                                      (ASD), Environmental Protection                         information that you claim to be CBI.                 comments, data, and information they
                                                      Agency, 2000 Traverwood Drive, Ann                      For CBI information in a disk or CD                   believe are relevant to the
                                                      Arbor MI 48105; telephone number:                       ROM that you mail to EPA, mark the                    Administrator’s reconsideration of the
                                                      (734) 214–4584; email address:                          outside of the disk or CD ROM as CBI                  Final Determination and in particular,
                                                      lieske.christopher@epa.gov; fax number:                 and then identify electronically within               highlight any new information. As part
                                                      734–214–4816; and Rebecca Schade,                       the disk or CD ROM the specific                       of a 2012 joint final rulemaking by the
                                                                                                              information that is claimed as CBI. In                EPA and NHTSA, the Mid-term
                                                        1 40 CFR 86.1818–12(h); see also 77 FR 62624          addition to one complete version of the
                                                      (October 15, 2012).                                     comment that includes information                       2 82   FR 14671.



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                                                                             Federal Register / Vol. 82, No. 160 / Monday, August 21, 2017 / Proposed Rules                                                  39553

                                                      Evaluation process was codified in EPA                     • The availability and effectiveness of               In addition, EPA seeks comment on
                                                      regulation for greenhouse gas emission                  technology, and the appropriate lead                   the use of alternative methodologies and
                                                      standards for model years 2017–2025                     time for introduction of technology;                   modeling systems to assess both
                                                      light-duty vehicles, which requires EPA                    • The cost on the producers or                      analytical inputs and the standards,
                                                      to determine no later than April 1, 2018,               purchasers of new motor vehicles or                    including but not limited to the
                                                      whether the standards for model years                   new motor vehicle engines;                             Department of Energy’s (DOE’s)
                                                      2022–2025 are appropriate.3 In                             • The feasibility and practicability of             Argonne National Laboratory’s
                                                      November 2016, EPA issued a proposed                    the standards;                                         Autonomie full vehicle simulation tool
                                                      determination for the Mid-Term                             • The impact of the standards on                    and DOT’s CAFE Compliance and
                                                      Evaluation.4 On January 12, 2017, the                   reduction of emissions, oil conservation,              Effects Model.
                                                      EPA Administrator signed the Final                      energy security, and fuel savings by                     In accord with the schedule set forth
                                                      Determination of the Mid-Term                           consumers;                                             in its regulations, the EPA intends to
                                                      Evaluation.                                                • The impact of the standards on the                make a Final Determination regarding
                                                                                                              automobile industry;                                   the appropriateness of the model year
                                                         Some stakeholders previously                            • The impacts of the standards on                   2022–2025 greenhouse gas standards,
                                                      commented that they were preparing                      automobile safety;                                     and potentially the model year 2021
                                                      studies to inform the Mid-term                             • The impact of the greenhouse gas                  greenhouse gas standard, no later than
                                                      Evaluation that were not ready for                      emission standards on the Corporate                    April 1, 2018.
                                                      submission during the previous Mid-                     Average Fuel Economy standards and a                     In this document, in the interest of
                                                      term Evaluation comment periods. This                   national harmonized program; and                       harmonization between the GHG and
                                                      additional comment period provides an                      • The impact of the standards on                    CAFE programs, EPA is also requesting
                                                      opportunity for commenters to submit                    other relevant factors.5                               comment on the separate question of
                                                      to EPA additional studies and other                        Pursuant to 40 CFR 86.1818–                         whether the light-duty vehicle
                                                      materials as well as to complete the                    12(h)(1)(viii), EPA also invites                       greenhouse gas standards established for
                                                      preparation of their comments, or                       comments on the following other factors                model year 2021 are appropriate. In its
                                                      submit additional comments in light of                  relevant to setting greenhouse gas                     July 26, 2017, ‘‘Notice of Intent To
                                                      newly available information. There is an                emission standards under section 202(a)                Prepare an Environmental Impact
                                                      existing body of EPA analyses and                       of the Clean Air Act for model years                   Statement for Model Year 2022–2025
                                                      public comments already in the docket.                  2022 through 2025:                                     Corporate Average Fuel Economy
                                                      Please note that the agency is primarily                   • The impact of the standards on                    Standards,’’ NHTSA stated that as part
                                                      interested in comments relevant to the                  compliance with other air quality                      of its upcoming CAFE rulemaking, it
                                                      reconsideration of the Final                            standards;                                             may evaluate the model year 2021
                                                      Determination, rather than the                             • The extent to which consumers                     standards it finalized in 2012 to ensure
                                                      Technical Assessment Report (TAR),                      value fuel savings from greater                        they remain ‘‘maximum feasible’’ (See
                                                      which is not being reopened for                         efficiency of vehicles;                                82 FR 34742). Please provide comment
                                                      comment in this document.                                  • The ability for OEMs to incorporate               on the continued appropriateness of the
                                                      Additionally, NHTSA has been working                    fuel saving technologies, including                    model year 2021 GHG standards based
                                                      closely with stakeholders to develop its                those with ‘‘negative costs,’’ absent the              on the application of the factors
                                                      forthcoming rulemaking since the                        standards;                                             described above or any other factors that
                                                      March 2017 joint document with EPA,                        • The distributional consequences on                commenters believe are appropriate.
                                                      and encourages commenters wishing to                    households;
                                                      inform those efforts to directly                           • The appropriate reference fleet;                    Dated: August 10, 2017.
                                                      participate in NHTSA’s rulemaking                          • The impact of the standards on                    Elaine L. Chao,
                                                      process.                                                advanced fuels technology, including                   Secretary, Department of Transportation.
                                                         EPA’s reconsideration will be                        but not limited to the potential for high-               Dated: August 10, 2017.
                                                      conducted in accordance with the                        octane blends;                                         E. Scott Pruitt,
                                                      regulations EPA established for the Mid-                   • The availability of realistic                     Administrator, Environmental Protection
                                                      term Evaluation at 40 CFR 86.1818–                      technological concepts for improving                   Agency.
                                                      12(h). These regulations state that in                  efficiency in automobiles that                         [FR Doc. 2017–17419 Filed 8–18–17; 8:45 am]
                                                      making the required determination as to                 consumers demand, as well as any                       BILLING CODE 6560–50–P
                                                      whether the existing standards are                      indirect impacts on emissions;
                                                                                                                 • The advantages or deficiencies in
                                                      appropriate under section 202(a) of the
                                                                                                              EPA’s past approaches to forecasting
                                                      Clean Air Act, the Administrator shall                                                                         DEPARTMENT OF HEALTH AND
                                                                                                              and projecting automobile technologies,
                                                      consider the information available on                                                                          HUMAN SERVICES
                                                                                                              including but not limited to baseline
                                                      the factors relevant to setting
                                                                                                              projections for compliance costs,                      42 CFR Part 10
                                                      greenhouse gas emission standards
                                                                                                              technology penetration rates, technology
                                                      under section 202(a) of the Clean Air                                                                          RIN 0906–AB11
                                                                                                              performance, etc.;
                                                      Act for model years 2022 through 2025,
                                                                                                                 • The impact of the standards on
                                                      including but not limited to:                                                                                  340B Drug Pricing Program Ceiling
                                                                                                              consumer behavior, including but not
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                                                                                                              limited to consumer purchasing                         Price and Manufacturer Civil Monetary
                                                        3 77 FR 62624 (October 15, 2012). NHTSA is
                                                                                                              behavior and consumer automobile                       Penalties Regulation
                                                      statutorily required to conduct a de novo
                                                      rulemaking on MY 2022 to 2025 standards for light-      usage behavior (e.g. impacts on                        AGENCY:  Health Resources and Services
                                                      duty vehicles. NHTSA has recently taken the first       rebound, fleet turnover, consumer                      Administration, HHS.
                                                      step in this process by publishing the ‘‘Notice of      welfare effects, etc.); and                            ACTION: Notice of proposed rulemaking;
                                                      Intent To Prepare an Environmental Impact
                                                      Statement for Model Year 2022–2025 Corporate
                                                                                                                 • Any relevant information in light of              further delay of effective date.
                                                      Average Fuel Economy Standards’’ on July 26,            newly available information.
                                                      2017.                                                                                                          SUMMARY:  The Health Resources and
                                                        4 81 FR 87927 (Dec. 6, 2016).                           5 40   CFR 86.1818–12(h)(1).                         Services Administration (HRSA)


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Document Created: 2017-08-19 00:44:46
Document Modified: 2017-08-19 00:44:46
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionRequest for comment.
DatesComments must be received on or before October 5, 2017. EPA will announce the public hearing date and location for this document in a
ContactChristopher Lieske, Office of Transportation and Air Quality (OTAQ), Assessment and Standards Division (ASD), Environmental Protection Agency, 2000 Traverwood Drive,
FR Citation82 FR 39551 
CFR Citation40 CFR 86
49 CFR 523
49 CFR 531
49 CFR 533
49 CFR 536
49 CFR 537

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