83_FR_48765 83 FR 48578 - The Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule for Model Years 2021-2026 Passenger Cars and Light Trucks; Extension of Comment Period

83 FR 48578 - The Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule for Model Years 2021-2026 Passenger Cars and Light Trucks; Extension of Comment Period

ENVIRONMENTAL PROTECTION AGENCY
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 83, Issue 187 (September 26, 2018)

Page Range48578-48581
FR Document2018-20962

This document extends the comment period for a proposed rule published in the August 24, 2018 issue of the Federal Register entitled The Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule for Model Years 2021-2026 Passenger Cars and Light Trucks and also extends the comment period for NHTSA's Draft Environmental Impact Statement that accompanies it. This extension is shorter than that requested by several parties, and those requests are accordingly denied.

Federal Register, Volume 83 Issue 187 (Wednesday, September 26, 2018)
[Federal Register Volume 83, Number 187 (Wednesday, September 26, 2018)]
[Proposed Rules]
[Pages 48578-48581]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-20962]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 85 and 86

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

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

[NHTSA-2018-0067; EPA-HQ-OAR-2018-0283; FRL-9984-62-OAR; NHTSA-2017-
0069]
RIN 2127-AL76; RIN 2060-AU09


The Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule for 
Model Years 2021-2026 Passenger Cars and Light Trucks; Extension of 
Comment Period

AGENCY: Environmental Protection Agency and National Highway Traffic 
Safety Administration.

ACTION: Proposed rule; extension of comment period.

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

SUMMARY: This document extends the comment period for a proposed rule 
published in the August 24, 2018 issue of the Federal Register entitled 
The Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule for Model 
Years 2021-2026 Passenger Cars and Light Trucks and also extends the 
comment period for NHTSA's Draft Environmental Impact Statement that 
accompanies it. This extension is shorter than that requested by 
several parties, and those requests are accordingly denied.

DATES: The comment period for the proposed rule published August 24, 
2018, at 83 FR 42986, is extended. The comment period for the Draft 
Environmental Impact Statement accompanying that proposed rule and

[[Page 48579]]

published on NHTSA's website is also extended. Comments on both 
documents should be received on or before October 26, 2018.

ADDRESSES: You may send comments, identified by Docket No. EPA-HQ-OAR-
2018-0283 and/or NHTSA-2018-0067, by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for sending comments.
     Fax: EPA: (202) 566-9744; NHTSA: (202) 493-2251.
     Mail:
    [cir] EPA: Environmental Protection Agency, EPA Docket Center (EPA/
DC), Air and Radiation Docket, Mail Code 28221T, 1200 Pennsylvania 
Avenue NW, Washington, DC 20460, Attention Docket ID No. EPA-HQ-OAR-
2018-0283. In addition, please mail a copy of your comments on the 
information collection provisions for the EPA proposal to the Office of 
Information and Regulatory Affairs, Office of Management and Budget 
(OMB), Attn: Desk Officer for EPA, 725 17th St. NW, Washington, DC 
20503.
    [cir] NHTSA: Docket Management Facility, M-30, U.S. Department of 
Transportation, West Building, Ground Floor, Rm. W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery:
    [cir] EPA: Docket Center (EPA/DC), EPA West, Room B102, 1301 
Constitution Avenue NW, Washington, DC, Attention Docket ID No. EPA-HQ-
OAR-2018-0283. Such deliveries are only accepted during the Docket's 
normal hours of operation, and special arrangements should be made for 
deliveries of boxed information.
    [cir] NHTSA: West Building, Ground Floor, Rm. W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 4 p.m. 
Eastern Time, Monday through Friday, except Federal holidays.
    Instructions: All submissions received must include the agency name 
and docket number or Regulatory Information Number (RIN) for this 
rulemaking. All comments received will be posted without change to 
http://www.regulations.gov, including any personal information 
provided. For detailed instructions on sending comments and additional 
information on the rulemaking process, see the ``Public Participation'' 
heading of the proposed rule (83 FR at 43470).
    Docket: For access to the dockets to read background documents or 
comments received, go to http://www.regulations.gov, and/or:
     For EPA: EPA Docket Center (EPA/DC), EPA West, Room 3334, 
1301 Constitution Avenue NW, Washington, DC 20460. The Public Reading 
Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, 
excluding legal holidays. The telephone number for the Public Reading 
Room is (202) 566-1744.
     For NHTSA: Docket Management Facility, M-30, U.S. 
Department of Transportation, West Building, Ground Floor, Rm. W12-140, 
1200 New Jersey Avenue SE, Washington, DC 20590. The Docket Management 
Facility is open between 9 a.m. and 4 p.m. Eastern Time, Monday through 
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: EPA: Christopher Lieske, Office of 
Transportation and Air Quality, Assessment and Standards Division, 
Environmental Protection Agency, 2000 Traverwood Drive, Ann Arbor, MI 
48105; telephone number: (734) 214-4584; fax number: (734) 214-4816; 
email address: [email protected], or contact the Assessment 
and Standards Division, email address: [email protected]. NHTSA: 
James Tamm, Office of Rulemaking, Fuel Economy Division, National 
Highway Traffic Safety Administration, 1200 New Jersey Avenue SE, 
Washington, DC 20590; telephone number: (202) 493-0515.

SUPPLEMENTARY INFORMATION: On August 24, 2018, NHTSA and EPA published 
in the Federal Register a document titled ``The Safer Affordable Fuel-
Efficient (SAFE) Vehicles Rule for Model Years 2021-2026 Passenger Cars 
and Light Trucks.'' 83 FR 42986. The public comment period for the 
proposed rule was scheduled to end on October 23, 2018. Additionally, 
the public comment period for NHTSA's DEIS was scheduled to end on 
September 24, 2018.
    Eighteen requests to extend the comment period have been received 
by the agencies' dockets as of the time of this writing, as follows:

----------------------------------------------------------------------------------------------------------------
                                                                                           Length of extension
              Requester                     Date submitted           Docket ID No.              requested
----------------------------------------------------------------------------------------------------------------
Northeast States for Coordinated Air   August 24, 2018........  NHTSA-2018-0067-2158;    120 days for comment
 Use Management (NESCAUM).                                       EPA-HQ-OAR-2018-0283-0   period as a whole.
                                                                 790.
Attorneys General of the States of     August 27, 2018........  NHTSA-2018-0067-2567;    120 days for comment
 California, Connecticut, Delaware,                              EPA-HQ-OAR-2018-0283-0   period as a whole.
 Iowa, Illinois, Maine, Maryland,                                792.
 Massachusetts, Minnesota, New
 Jersey, New York, North Carolina,
 Oregon, Pennsylvania, Rhode Island,
 Vermont, Washington, and the
 District of Columbia, and the
 Secretary of the Pennsylvania
 Department of Environmental
 Protection.
National Coalition for Advanced        August 29, 2018........  NHTSA-2018-0067-2872;    120 days for comment
 Transportation (NCAT).                                          EPA-HQ-OAR-2018-0283-0   period as a whole.
                                                                 794.
Environmental Law and Policy Center..  August 30, 2018........  NHTSA-2018-0067-2728;    120 days for comment
                                                                 EPA-HQ-OAR-2018-0283-0   period as a whole.
                                                                 892.
Center for Biological Diversity        August 30, 2018........  NHTSA-2018-0067-3278;    120 days for comment
 (CBD), Conservation Law Foundation,                             EPA-HQ-OAR-2018-0283-0   period as a whole.
 Earthjustice, Environmental Defense                             797.
 Fund (EDF), Natural Resources
 Defense Council (NRDC), Public
 Citizen, Sierra Club, and Union of
 Concerned Scientists (UCS).
Minnesota Pollution Control Agency     August 30, 2018........  NHTSA-2018-0067-3580;    180 days for comment
 and Minnesota Department of                                     EPA-HQ-OAR-2018-0283-0   period as a whole.
 Transportation.                                                 798.
Consumer Federation of America.......  September 5, 2018......  NHTSA-2018-0067-3400;    120 days for comment
                                                                 EPA-HQ-OAR-2018-0283-0   period as a whole.
                                                                 872.

[[Page 48580]]

 
National Governors Association (NGA),  September 5, 2018......  EPA-HQ-OAR-2018-0283-08  120 days for comment
 Environmental Council of the States                             71.                      period as a whole.
 (ECOS), National Association of
 Clean Air Agencies (NACAA),
 Association of Air Pollution Control
 Agencies (AAPCA), National
 Association of State Energy
 Officials (NASEO).
Georgetown Climate Center............  September 6, 2018......  NHTSA-2018-0067-3610;    At least 120 day
                                                                 EPA-HQ-OAR-2018-0283-0   comment period.
                                                                 873.
Alliance of Automobile Manufacturers   September 6, 2018......  NHTSA-2018-0067-3619;    Not less than 120 day
 (Alliance).                                                     EPA-HQ-OAR-2018-0283-0   comment period.
                                                                 876.
City of Los Angeles..................  September 7, 2018......  NHTSA-2018-0067-4159;    120 days for comment
                                                                 EPA-HQ-OAR-2018-0283-0   period as a whole.
                                                                 893.
American Lung Association............  September 9, 2018......  NHTSA-2018-0067-3615;    At least 120 day
                                                                 EPA-HQ-OAR-2018-0283-0   comment period.
                                                                 875.
32 U.S. Senators \1\.................  September 10, 2018.....  Received by mail.......  120 days for a comment
                                                                                          period as a whole.
New York Department of Environmental   September 10, 2018.....  Received by mail.......  120 days for a comment
 Conservation.                                                                            period as a whole.
South Coast Air Quality Management     September 12, 2018.....  EPA-HQ-OAR-2018-0283-08  Not less than 120 day
 District (SCAQMD).                                              85.                      comment period.
Edison Electric Institute (EEI),       September 18, 2018.....  Received by mail.......  120 days for comment
 National Rural Electric Cooperative                                                      period as a whole.
 Association (NRECA), National
 Association of Manufacturers (NAM),
 Electric Drive Transportation
 Association (EDTA), and American
 Public Power Association (APPA).
New York University School of Law      September 18, 2018.....  Received by mail.......  At least 120 days as a
 Institute for Policy Integrity.                                                          whole.
Alliance to Save Energy..............  September 19, 2018.....  Received by mail.......  At least 120 day
                                                                                          comment period.
----------------------------------------------------------------------------------------------------------------
\1\ Kamala D. Harris (D, CA); Dianne Feinstein (D, CA); Charles E. Schumer (D, NY); Edward J. Markey (D, MA);
  Sheldon Whitehouse (D, RI); Jeffrey A. Merkley (D, OR); Richard Blumenthal (D, CT); Patrick Leahy (D, VT);
  Chris Van Hollen (D, MD); Ron Wyden (D, OR); Catherine Cortez Masto (D, NV); Tina Smith (D, MN); Richard J.
  Durbin (D, IL); Mazie K. Hirono (D, HI); Benjamin L. Cardin (D, MD); Michael F. Bennet (D, CO); Jeanne Shaheen
  (D, NH); Margaret Wood Hassan (D, NH); Maria Cantwell (D, WA); Tammy Duckworth (D, IL); Cory A. Booker (D,
  NJ); Tammy Baldwin (D, WI); Jack Reed (D, RI); Patty Murray (D, WA); Kirsten Gillibrand (D, NY); Bernard
  Sanders (D, VT); Elizabeth Warren (D, MA); Thomas R. Carper (D, DE); Robert Menendez (D, NJ); Christopher A.
  Coons (D, DE); Bill Nelson (D, FL); Amy Klobuchar (D, MN).

    Many of these requesters also asked that the agencies hold 
additional public hearings to allow more opportunities for oral 
presentation of public comments, in additional locations. Specifically:
     NESCAUM requested a public hearing be held in a central 
location in a Northeast state that has adopted California's greenhouse 
gas (GHG) standards and zero emissions vehicle (ZEV) program for light-
duty vehicles and ZEV, such as Hartford, CT or Boston, MA;
     The Attorneys General requested that EPA (alone or with 
NHTSA) hold an additional hearing in Sacramento specifically on the 
California waiver withdrawal proposal, as well as holding additional 
hearings on the proposal in Los Angeles, Washington, DC, either 
Portland, OR or Seattle, WA, somewhere in New York State, and 
Baltimore, MD;
     Georgetown Climate Center also requested that a public 
hearing be held in Sacramento specifically on the California waiver 
withdrawal proposal, as well as holding hearings in Los Angeles and 
Washington, DC, and in other states that have adopted California's 
vehicle standards;
     The City of Los Angeles requested that a public hearing be 
held in Los Angeles, and supported the requests from other parties to 
hold additional hearings elsewhere around the country;
     The Minnesota Pollution Control Agency and Minnesota 
Department of Transportation requested that the agencies provide 
workshops like EPA did during development of the Clean Power Plan rule 
to help states and other stakeholders understand and comment on the 
content of the proposal and the agencies' modeling and analyses; and
     SCAQMD supported the requests from other parties to hold 
additional hearings.
    A separate request to hold a public hearing in Oregon was submitted 
by the Democratic members of the U.S. Congressional Delegation from 
Oregon.\2\ This request did not include a request for an extension of 
the comment period.\3\
---------------------------------------------------------------------------

    \2\ Specifically, U.S. Senators Jeffrey A. Merkley and Ron 
Wyden, and U.S. Representatives Earl Blumenauer, Suzanne Bonamici, 
Peter DeFazio, and Kurt Schrader.
    \3\ Docket No. EPA-HQ-OAR-2018-0283-0894.
---------------------------------------------------------------------------

    In addition to requesting extension to the comment period on the 
proposal, the Attorneys General, the 32 U.S. Senators, the Alliance, 
ELPC, the Minnesota Pollution Control Agency, Consumer Federation of 
America, NCAT, CBD et al., SCAQMD, and New York University School of 
Law's Institute for Policy Integrity also requested extensions of the 
comment period for NHTSA's DEIS, to align the end of that comment 
period with the (extended) comment period for the proposal.
    In support of their requests for longer comment periods and 
additional public hearings (for those who requested them), all 
requesters cited the breadth and depth of the record to review, the 
changes from prior analyses conducted on the same topic, and the 
importance of the proposal in terms of its potential effects on the 
U.S. economy, safety, health, and the environment. Several requesters 
also stated that EPA had provided a 120-day comment period for its 
Clean Power Plan rule.
    The requests for extension of the comment period for the proposal 
to 120 days (or 180 days, in the case of the

[[Page 48581]]

Minnesota requesters) and for additional public hearing locations are 
denied. Automakers will need maximum lead time to respond to the final 
rule, and extending the comment period and holding additional public 
hearings (which would also cause the comment period to be extended) are 
inconsistent with provision of maximum lead time. We recognize, 
however, that the original schedule for the proposed rule public 
comment period did not reflect the Clean Air Act requirement that the 
record of proceedings allowing oral presentation of data, views, and 
arguments on a proposed rule be kept open for thirty days after 
completion of the proceeding to provide an opportunity for submission 
of rebuttal and supplementary information. 42 U.S.C. 7607(d)(5). 
Because the final ``proceeding allowing oral presentation of data, 
views, and arguments,'' is expected to be the September 26, 2018 public 
hearing in Pittsburgh, Pennsylvania, the comment period for the 
proposed rule is being extended by 3 days to Friday, October 26, 2018. 
To provide additional flexibility to commenters, NHTSA is also 
extending the public comment period for the DEIS by 32 days to Friday, 
October 26, 2018. The agencies believe that this amount of time should 
be adequate for commenters to comment meaningfully on the proposal and 
on NHTSA's DEIS.

    Issued on September 21, 2018 in Washington, DC, under authority 
delegated in 49 CFR 1.95 and 501.5
Heidi R. King,
Deputy Administrator, National Highway Traffic Safety Administration.
    Dated: September 21, 2018.
William L. Wehrum,
Assistant Administrator for Air and Radiation, Environmental Protection 
Agency.
[FR Doc. 2018-20962 Filed 9-21-18; 4:15 pm]
BILLING CODE 4910-59-P



                                                 48578             Federal Register / Vol. 83, No. 187 / Wednesday, September 26, 2018 / Proposed Rules

                                                 number of small entities. See 5 U.S.C.                  rescind 29 CFR part 34 in its entirety as             SUPPLEMENTARY INFORMATION:     A request
                                                 605(b). As explained above, this rule is                follows:                                              was received by the Commission asking
                                                 ministerial in nature and does not                                                                            that the comment period for the advance
                                                 impose any additional regulatory                        PART 34—[REMOVED AND                                  notice of proposed rulemaking
                                                 burdens.                                                RESERVED]                                             (ANPRM) be extended to allow ‘‘extra
                                                                                                                                                               time . . . to coordinate a response to the
                                                 H. Small Business Regulatory                            ■ 1. Remove and reserve part 34,                      [notice] among various labor unions and
                                                 Enforcement Fairness Act of 1996                        consisting of §§ 34.1 through 34.53.                  employee advocacy groups.’’ To make
                                                   This proposed rule is not a major rule                  Signed at Washington, DC, on September              the ANPRM comment process as
                                                 as defined by Section 804 of the Small                  13, 2018.                                             inclusive as possible, the Commission
                                                 Business Regulatory Enforcement                         Bryan Slater,                                         has extended the comment period for
                                                 Fairness Act of 1996. This proposed rule                Assistant Secretary, Office of the Assistant          the ANPRM (83 FR 45366) to November
                                                 will not result in an annual effect on the              Secretary for Administration and                      16, 2018.
                                                 economy of $100,000,000 or more; a                      Management, Department of Labor.
                                                                                                                                                                 Dated: September 18, 2018.
                                                 major increase in costs or prices; or                   [FR Doc. 2018–20409 Filed 9–25–18; 8:45 am]
                                                                                                                                                               Heather L. MacDougall,
                                                 significant adverse effects on                          BILLING CODE P
                                                                                                                                                               Chairman.
                                                 competition, employment, investment,
                                                                                                                                                               [FR Doc. 2018–20859 Filed 9–25–18; 8:45 am]
                                                 productivity, innovation, or on the
                                                 ability of the United States-based                                                                            BILLING CODE 7600–01–P
                                                                                                         OCCUPATIONAL SAFETY AND
                                                 companies to compete with foreign-                      HEALTH REVIEW COMMISSION
                                                 based companies in domestic and
                                                 export markets.                                         29 CFR Part 2200                                      ENVIRONMENTAL PROTECTION
                                                                                                                                                               AGENCY
                                                 I. Executive Order 13175 (Indian Tribal                 Revisions to Procedural Rules
                                                 Governments)                                            Governing Practice Before the                         40 CFR Parts 85 and 86
                                                    This proposed rule does not have                     Occupational Safety and Health
                                                 tribal implications under Executive                     Review Commission                                     DEPARTMENT OF TRANSPORTATION
                                                 Order 13175 that would require a tribal
                                                                                                         AGENCY: Occupational Safety and Health                National Highway Traffic Safety
                                                 summary impact statement. The
                                                                                                         Review Commission.                                    Administration
                                                 proposed rule would not have
                                                 substantial direct effects on one or more               ACTION: Advance notice of proposed
                                                 Indian tribes, on the relationship                      rulemaking; extension of comment                      49 CFR Parts 523, 531, 533, 536, and
                                                 between the Federal government and                      period.                                               537
                                                 Indian tribes, or on the distribution of                SUMMARY:   On September 7, 2018, the                  [NHTSA–2018–0067; EPA–HQ–OAR–2018–
                                                 power and responsibilities between the                  Occupational Safety and Health Review                 0283; FRL–9984–62–OAR; NHTSA–2017–
                                                 Federal government and Indian tribes.                   Commission solicited recommendations                  0069]
                                                 J. Executive Order 12630 (Government                    for amendments to the Commission’s                    RIN 2127–AL76; RIN 2060–AU09
                                                 Actions and Interference With                           rules of procedure. The comment
                                                 Constitutionally Protected Property                     period, which was set to expire on                    The Safer Affordable Fuel-Efficient
                                                 Rights)                                                 October 9, 2018, has been extended to                 (SAFE) Vehicles Rule for Model Years
                                                                                                         November 16, 2018.                                    2021–2026 Passenger Cars and Light
                                                   This NPRM is not subject to Executive
                                                                                                         DATES: The comment period for the                     Trucks; Extension of Comment Period
                                                 Order 12630 because it does not involve
                                                 implementation of a policy that has                     advance notice of proposed rulemaking
                                                                                                                                                               AGENCY:  Environmental Protection
                                                 takings implications or that could                      (83 FR 45366) is extended. Submit
                                                                                                                                                               Agency and National Highway Traffic
                                                 impose limitations on private property                  comments on or before November 16,
                                                                                                                                                               Safety Administration.
                                                 use.                                                    2018.
                                                                                                                                                               ACTION: Proposed rule; extension of
                                                                                                         ADDRESSES:   You may submit comments                  comment period.
                                                 K. Executive Order 12988 (Civil Justice
                                                                                                         by any of the following methods:
                                                 Reform)
                                                                                                            • Email: rbailey@oshrc.gov. Include                SUMMARY:   This document extends the
                                                    The NPRM was drafted and reviewed                    ‘‘Advance notice of proposed                          comment period for a proposed rule
                                                 in accordance with Executive Order                      rulemaking, 29 CFR part 2200’’ in the                 published in the August 24, 2018 issue
                                                 12988 and will not unduly burden the                    subject line of the message.                          of the Federal Register entitled The
                                                 Federal court system. The NPRM was:                        • Fax: 202–606–5417.                               Safer Affordable Fuel-Efficient (SAFE)
                                                 (1) Reviewed to eliminate drafting errors                  • Mail: One Lafayette Centre, 1120                 Vehicles Rule for Model Years 2021–
                                                 and ambiguities; (2) written to minimize                20th Street NW, Ninth Floor,                          2026 Passenger Cars and Light Trucks
                                                 litigation; and (3) written to provide a                Washington, DC 20036–3457.                            and also extends the comment period
                                                 clear legal standard for affected conduct                  • Hand Delivery/Courier: same as                   for NHTSA’s Draft Environmental
                                                 and to promote burden reduction.                        mailing address.                                      Impact Statement that accompanies it.
                                                 List of Subjects in 29 CFR Part 34                         Instructions: All submissions must                 This extension is shorter than that
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                                                                         include your name, return address, and                requested by several parties, and those
                                                   Implementation of the                                 email address, if applicable. Please                  requests are accordingly denied.
                                                 Nondiscrimination and Equal                             clearly label submissions as ‘‘Advance                DATES: The comment period for the
                                                 Opportunity Requirements of the Job                     notice of proposed rulemaking, 29 CFR                 proposed rule published August 24,
                                                 Training Partnership Act of 1982, as                    part 2200.’’                                          2018, at 83 FR 42986, is extended. The
                                                 Amended (JTPA).                                         FOR FURTHER INFORMATION CONTACT: Ron                  comment period for the Draft
                                                   For the reasons set forth in the                      Bailey, via telephone at 202–606–5410,                Environmental Impact Statement
                                                 preamble, the Department proposes to                    or via email at rbailey@oshrc.gov.                    accompanying that proposed rule and


                                            VerDate Sep<11>2014   19:23 Sep 25, 2018   Jkt 244001   PO 00000   Frm 00017   Fmt 4702   Sfmt 4702   E:\FR\FM\26SEP1.SGM   26SEP1


                                                                   Federal Register / Vol. 83, No. 187 / Wednesday, September 26, 2018 / Proposed Rules                                               48579

                                                 published on NHTSA’s website is also                      operation, and special arrangements                  between 9 a.m. and 4 p.m. Eastern Time,
                                                 extended. Comments on both                                should be made for deliveries of boxed               Monday through Friday, except Federal
                                                 documents should be received on or                        information.                                         holidays.
                                                 before October 26, 2018.                                     Æ NHTSA: West Building, Ground
                                                                                                                                                                FOR FURTHER INFORMATION CONTACT:
                                                 ADDRESSES: You may send comments,                         Floor, Rm. W12–140, 1200 New Jersey
                                                                                                           Avenue SE, Washington, DC 20590,                     EPA: Christopher Lieske, Office of
                                                 identified by Docket No. EPA–HQ–                                                                               Transportation and Air Quality,
                                                 OAR–2018–0283 and/or NHTSA–2018–                          between 9 a.m. and 4 p.m. Eastern Time,
                                                                                                           Monday through Friday, except Federal                Assessment and Standards Division,
                                                 0067, by any of the following methods:
                                                                                                                                                                Environmental Protection Agency, 2000
                                                   • Federal eRulemaking Portal: http://                   holidays.
                                                                                                              Instructions: All submissions received            Traverwood Drive, Ann Arbor, MI
                                                 www.regulations.gov. Follow the
                                                                                                           must include the agency name and                     48105; telephone number: (734) 214–
                                                 instructions for sending comments.
                                                   • Fax: EPA: (202) 566–9744; NHTSA:                      docket number or Regulatory                          4584; fax number: (734) 214–4816;
                                                 (202) 493–2251.                                           Information Number (RIN) for this                    email address: lieske.christopher@
                                                   • Mail:                                                 rulemaking. All comments received will               epa.gov, or contact the Assessment and
                                                   Æ EPA: Environmental Protection                         be posted without change to http://                  Standards Division, email address:
                                                 Agency, EPA Docket Center (EPA/DC),                       www.regulations.gov, including any                   otaqpublicweb@epa.gov. NHTSA: James
                                                 Air and Radiation Docket, Mail Code                       personal information provided. For                   Tamm, Office of Rulemaking, Fuel
                                                 28221T, 1200 Pennsylvania Avenue                          detailed instructions on sending                     Economy Division, National Highway
                                                 NW, Washington, DC 20460, Attention                       comments and additional information                  Traffic Safety Administration, 1200 New
                                                 Docket ID No. EPA–HQ–OAR–2018–                            on the rulemaking process, see the                   Jersey Avenue SE, Washington, DC
                                                 0283. In addition, please mail a copy of                  ‘‘Public Participation’’ heading of the              20590; telephone number: (202) 493–
                                                 your comments on the information                          proposed rule (83 FR at 43470).                      0515.
                                                 collection provisions for the EPA                            Docket: For access to the dockets to
                                                                                                                                                                SUPPLEMENTARY INFORMATION:     On August
                                                 proposal to the Office of Information                     read background documents or
                                                                                                                                                                24, 2018, NHTSA and EPA published in
                                                 and Regulatory Affairs, Office of                         comments received, go to http://
                                                                                                                                                                the Federal Register a document titled
                                                 Management and Budget (OMB), Attn:                        www.regulations.gov, and/or:
                                                                                                              • For EPA: EPA Docket Center (EPA/                ‘‘The Safer Affordable Fuel-Efficient
                                                 Desk Officer for EPA, 725 17th St. NW,
                                                                                                           DC), EPA West, Room 3334, 1301                       (SAFE) Vehicles Rule for Model Years
                                                 Washington, DC 20503.
                                                                                                           Constitution Avenue NW, Washington,                  2021–2026 Passenger Cars and Light
                                                   Æ NHTSA: Docket Management
                                                                                                           DC 20460. The Public Reading Room is                 Trucks.’’ 83 FR 42986. The public
                                                 Facility, M–30, U.S. Department of
                                                                                                           open from 8:30 a.m. to 4:30 p.m.,                    comment period for the proposed rule
                                                 Transportation, West Building, Ground
                                                                                                           Monday through Friday, excluding legal               was scheduled to end on October 23,
                                                 Floor, Rm. W12–140, 1200 New Jersey
                                                                                                           holidays. The telephone number for the               2018. Additionally, the public comment
                                                 Avenue SE, Washington, DC 20590.
                                                   • Hand Delivery:                                        Public Reading Room is (202) 566–1744.               period for NHTSA’s DEIS was
                                                   Æ EPA: Docket Center (EPA/DC), EPA                         • For NHTSA: Docket Management                    scheduled to end on September 24,
                                                 West, Room B102, 1301 Constitution                        Facility, M–30, U.S. Department of                   2018.
                                                 Avenue NW, Washington, DC, Attention                      Transportation, West Building, Ground                   Eighteen requests to extend the
                                                 Docket ID No. EPA–HQ–OAR–2018–                            Floor, Rm. W12–140, 1200 New Jersey                  comment period have been received by
                                                 0283. Such deliveries are only accepted                   Avenue SE, Washington, DC 20590. The                 the agencies’ dockets as of the time of
                                                 during the Docket’s normal hours of                       Docket Management Facility is open                   this writing, as follows:

                                                                  Requester                           Date submitted                     Docket ID No.                       Length of extension requested

                                                 Northeast States for Coordinated Air               August 24, 2018 ....    NHTSA–2018–0067–2158;          EPA–HQ–       120 days for comment period as a
                                                   Use Management (NESCAUM).                                                 OAR–2018–0283–0790.                           whole.
                                                 Attorneys General of the States of Cali-           August 27, 2018 ....    NHTSA–2018–0067–2567;          EPA–HQ–       120 days for comment period as a
                                                   fornia, Connecticut, Delaware, Iowa,                                      OAR–2018–0283–0792.                           whole.
                                                   Illinois, Maine, Maryland, Massachu-
                                                   setts, Minnesota, New Jersey, New
                                                   York, North Carolina, Oregon, Penn-
                                                   sylvania, Rhode Island, Vermont,
                                                   Washington, and the District of Co-
                                                   lumbia, and the Secretary of the
                                                   Pennsylvania Department of Environ-
                                                   mental Protection.
                                                 National Coalition for Advanced Trans-             August 29, 2018 ....    NHTSA–2018–0067–2872;          EPA–HQ–       120 days for comment period as a
                                                   portation (NCAT).                                                         OAR–2018–0283–0794.                           whole.
                                                 Environmental Law and Policy Center ..             August 30, 2018 ....    NHTSA–2018–0067–2728;          EPA–HQ–       120 days for comment period as a
                                                                                                                             OAR–2018–0283–0892.                           whole.
                                                 Center for Biological Diversity (CBD),             August 30, 2018 ....    NHTSA–2018–0067–3278;          EPA–HQ–       120 days for comment period as a
                                                   Conservation      Law    Foundation,                                      OAR–2018–0283–0797.                           whole.
                                                   Earthjustice, Environmental Defense
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                                                   Fund (EDF), Natural Resources De-
                                                   fense Council (NRDC), Public Cit-
                                                   izen, Sierra Club, and Union of Con-
                                                   cerned Scientists (UCS).
                                                 Minnesota Pollution Control Agency                 August 30, 2018 ....    NHTSA–2018–0067–3580;          EPA–HQ–       180 days for comment period as a
                                                   and Minnesota Department of Trans-                                        OAR–2018–0283–0798.                           whole.
                                                   portation.
                                                 Consumer Federation of America .........           September 5, 2018       NHTSA–2018–0067–3400;          EPA–HQ–       120 days for comment period as a
                                                                                                                             OAR–2018–0283–0872.                           whole.



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                                                 48580                Federal Register / Vol. 83, No. 187 / Wednesday, September 26, 2018 / Proposed Rules

                                                                    Requester                              Date submitted                        Docket ID No.                             Length of extension requested

                                                 National Governors Association (NGA),                   September 5, 2018       EPA–HQ–OAR–2018–0283–0871 ........                    120 days for comment period as a
                                                   Environmental Council of the States                                                                                                   whole.
                                                   (ECOS), National Association of
                                                   Clean Air Agencies (NACAA), Asso-
                                                   ciation of Air Pollution Control Agen-
                                                   cies (AAPCA), National Association
                                                   of State Energy Officials (NASEO).
                                                 Georgetown Climate Center ..................            September 6, 2018       NHTSA–2018–0067–3610; EPA–HQ–                         At least 120 day comment period.
                                                                                                                                   OAR–2018–0283–0873.
                                                 Alliance of Automobile Manufacturers                    September 6, 2018       NHTSA–2018–0067–3619; EPA–HQ–                         Not less than 120 day comment pe-
                                                    (Alliance).                                                                    OAR–2018–0283–0876.                                   riod.
                                                 City of Los Angeles ...............................     September 7, 2018       NHTSA–2018–0067–4159; EPA–HQ–                         120 days for comment period as a
                                                                                                                                   OAR–2018–0283–0893.                                   whole.
                                                 American Lung Association ...................           September 9, 2018       NHTSA–2018–0067–3615; EPA–HQ–                         At least 120 day comment period.
                                                                                                                                   OAR–2018–0283–0875.
                                                 32 U.S. Senators 1 .................................    September   10,         Received by mail ..................................   120 days for a comment period as a
                                                                                                           2018.                                                                         whole.
                                                 New York Department of Environmental                    September   10,         Received by mail ..................................   120 days for a comment period as a
                                                    Conservation.                                          2018.                                                                         whole.
                                                 South Coast Air Quality Management                      September   12,         EPA–HQ–OAR–2018–0283–0885 ........                    Not less than 120 day comment pe-
                                                    District (SCAQMD).                                     2018.                                                                         riod.
                                                 Edison Electric Institute (EEI), National               September   18,         Received by mail ..................................   120 days for comment period as a
                                                    Rural Electric Cooperative Associa-                    2018.                                                                         whole.
                                                    tion (NRECA), National Association
                                                    of Manufacturers (NAM), Electric
                                                    Drive Transportation Association
                                                    (EDTA), and American Public Power
                                                    Association (APPA).
                                                 New York University School of Law In-                   September 18,           Received by mail ..................................   At least 120 days as a whole.
                                                    stitute for Policy Integrity.                          2018.
                                                 Alliance to Save Energy ........................        September 19,           Received by mail ..................................   At least 120 day comment period.
                                                                                                           2018.
                                                   1 Kamala D. Harris (D, CA); Dianne Feinstein (D, CA); Charles E. Schumer (D, NY); Edward J. Markey (D, MA); Sheldon Whitehouse (D, RI);
                                                 Jeffrey A. Merkley (D, OR); Richard Blumenthal (D, CT); Patrick Leahy (D, VT); Chris Van Hollen (D, MD); Ron Wyden (D, OR); Catherine Cor-
                                                 tez Masto (D, NV); Tina Smith (D, MN); Richard J. Durbin (D, IL); Mazie K. Hirono (D, HI); Benjamin L. Cardin (D, MD); Michael F. Bennet (D,
                                                 CO); Jeanne Shaheen (D, NH); Margaret Wood Hassan (D, NH); Maria Cantwell (D, WA); Tammy Duckworth (D, IL); Cory A. Booker (D, NJ);
                                                 Tammy Baldwin (D, WI); Jack Reed (D, RI); Patty Murray (D, WA); Kirsten Gillibrand (D, NY); Bernard Sanders (D, VT); Elizabeth Warren (D,
                                                 MA); Thomas R. Carper (D, DE); Robert Menendez (D, NJ); Christopher A. Coons (D, DE); Bill Nelson (D, FL); Amy Klobuchar (D, MN).


                                                   Many of these requesters also asked                           • The City of Los Angeles requested                            In addition to requesting extension to
                                                 that the agencies hold additional public                      that a public hearing be held in Los                          the comment period on the proposal,
                                                 hearings to allow more opportunities for                      Angeles, and supported the requests                           the Attorneys General, the 32 U.S.
                                                 oral presentation of public comments, in                      from other parties to hold additional                         Senators, the Alliance, ELPC, the
                                                 additional locations. Specifically:                           hearings elsewhere around the country;                        Minnesota Pollution Control Agency,
                                                   • NESCAUM requested a public                                  • The Minnesota Pollution Control                           Consumer Federation of America,
                                                 hearing be held in a central location in                      Agency and Minnesota Department of                            NCAT, CBD et al., SCAQMD, and New
                                                 a Northeast state that has adopted                            Transportation requested that the                             York University School of Law’s
                                                 California’s greenhouse gas (GHG)                             agencies provide workshops like EPA                           Institute for Policy Integrity also
                                                 standards and zero emissions vehicle                          did during development of the Clean                           requested extensions of the comment
                                                 (ZEV) program for light-duty vehicles                         Power Plan rule to help states and other                      period for NHTSA’s DEIS, to align the
                                                 and ZEV, such as Hartford, CT or                              stakeholders understand and comment                           end of that comment period with the
                                                 Boston, MA;                                                   on the content of the proposal and the                        (extended) comment period for the
                                                   • The Attorneys General requested                           agencies’ modeling and analyses; and                          proposal.
                                                 that EPA (alone or with NHTSA) hold                             • SCAQMD supported the requests                                In support of their requests for longer
                                                 an additional hearing in Sacramento                           from other parties to hold additional                         comment periods and additional public
                                                 specifically on the California waiver                         hearings.                                                     hearings (for those who requested
                                                 withdrawal proposal, as well as holding                                                                                     them), all requesters cited the breadth
                                                 additional hearings on the proposal in                          A separate request to hold a public                         and depth of the record to review, the
                                                 Los Angeles, Washington, DC, either                           hearing in Oregon was submitted by the                        changes from prior analyses conducted
                                                 Portland, OR or Seattle, WA, somewhere                        Democratic members of the U.S.                                on the same topic, and the importance
                                                 in New York State, and Baltimore, MD;                         Congressional Delegation from Oregon.2                        of the proposal in terms of its potential
                                                                                                               This request did not include a request
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                                                   • Georgetown Climate Center also                                                                                          effects on the U.S. economy, safety,
                                                 requested that a public hearing be held                       for an extension of the comment                               health, and the environment. Several
                                                 in Sacramento specifically on the                             period.3                                                      requesters also stated that EPA had
                                                 California waiver withdrawal proposal,                                                                                      provided a 120-day comment period for
                                                                                                                 2 Specifically, U.S. Senators Jeffrey A. Merkley
                                                 as well as holding hearings in Los                                                                                          its Clean Power Plan rule.
                                                                                                               and Ron Wyden, and U.S. Representatives Earl
                                                 Angeles and Washington, DC, and in                            Blumenauer, Suzanne Bonamici, Peter DeFazio, and                 The requests for extension of the
                                                 other states that have adopted                                Kurt Schrader.                                                comment period for the proposal to 120
                                                 California’s vehicle standards;                                 3 Docket No. EPA–HQ–OAR–2018–0283–0894.                     days (or 180 days, in the case of the


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                                                                   Federal Register / Vol. 83, No. 187 / Wednesday, September 26, 2018 / Proposed Rules                                          48581

                                                 Minnesota requesters) and for additional                requirements in the creation of a                     addition to one complete version of the
                                                 public hearing locations are denied.                    contract clause for inclusion in                      comment that includes information
                                                 Automakers will need maximum lead                       solicitations and contracts when the                  claimed as CBI, a copy of the comment
                                                 time to respond to the final rule, and                  contractor may be required to perform,                that does not contain the information
                                                 extending the comment period and                        communicate, or supervise scientific                  claimed as CBI must be submitted for
                                                 holding additional public hearings                      activities or use scientific information to           inclusion in the public docket.
                                                 (which would also cause the comment                     perform advisory and assistance                       Information so marked will not be
                                                 period to be extended) are inconsistent                 services. This clause will complement                 disclosed except in accordance with
                                                 with provision of maximum lead time.                    the EPA scientific integrity policy to                procedures set forth in 40 CFR part 2.
                                                 We recognize, however, that the original                ensure all scientific work developed and                 2. Tips for Preparing Your Comments.
                                                 schedule for the proposed rule public                   used by the Government is                             When submitting comments, remember
                                                 comment period did not reflect the                      accomplished with scientific integrity.               to:
                                                 Clean Air Act requirement that the                      DATES: Comments must be received on                      • Identify the rulemaking by docket
                                                 record of proceedings allowing oral                     or before November 26, 2018.                          number and other identifying
                                                 presentation of data, views, and                        ADDRESSES: Submit your comments,                      information (subject heading, Federal
                                                 arguments on a proposed rule be kept                    identified by Docket ID No. EPA–HQ–                   Register date and page number).
                                                 open for thirty days after completion of                OARM–2015–0657; FRL–9936–63–                             • Follow directions—The Agency
                                                 the proceeding to provide an                            OARM, at https://www.regulations.gov.                 may ask you to respond to specific
                                                 opportunity for submission of rebuttal                  Follow the online instructions for                    questions or organize comments by
                                                 and supplementary information. 42                       submitting comments. Once submitted,                  referencing a Code of Federal
                                                 U.S.C. 7607(d)(5). Because the final                    comments cannot be edited or removed                  Regulations (CFR) Part or section
                                                 ‘‘proceeding allowing oral presentation                 from Regulations.gov. The EPA may                     number.
                                                 of data, views, and arguments,’’ is                     publish any comment received to its
                                                                                                                                                                  • Explain why you agree or disagree,
                                                 expected to be the September 26, 2018                   public docket. Do not submit
                                                                                                                                                               suggest alternatives, and substitute
                                                 public hearing in Pittsburgh,                           electronically any information you
                                                                                                                                                               language for your requested changes.
                                                 Pennsylvania, the comment period for                    consider to be Confidential Business
                                                 the proposed rule is being extended by                  Information (CBI) or other information                   • Describe any assumptions and
                                                 3 days to Friday, October 26, 2018. To                  whose disclosure is restricted by statute.            provide any technical information
                                                 provide additional flexibility to                       Multimedia submissions (audio, video,                 and/or data that you used.
                                                 commenters, NHTSA is also extending                     etc.) must be accompanied by a written                   • If you estimate potential costs or
                                                 the public comment period for the DEIS                  comment. The written comment is                       burdens, explain how you arrived at
                                                 by 32 days to Friday, October 26, 2018.                 considered the official comment and                   your estimate in sufficient detail to
                                                 The agencies believe that this amount of                should include discussion of all points               allow for it to be reproduced.
                                                 time should be adequate for commenters                  you wish to make. The EPA will                           • Provide specific examples to
                                                 to comment meaningfully on the                          generally not consider comments or                    illustrate your concerns, and suggest
                                                 proposal and on NHTSA’s DEIS.                           comment contents located outside of the               alternatives.
                                                   Issued on September 21, 2018 in                       primary submission (i.e. on the web,                     • Explain your views as clearly as
                                                 Washington, DC, under authority delegated               cloud, or other file sharing system). For             possible, avoiding the use of profanity
                                                 in 49 CFR 1.95 and 501.5                                additional submission methods, the full               or personal threats.
                                                 Heidi R. King,                                          EPA public comment policy,                               • Make sure to submit your
                                                 Deputy Administrator, National Highway                  information about CBI or multimedia                   comments by the comment period
                                                 Traffic Safety Administration.                          submissions, and general guidance on                  deadline identified.
                                                   Dated: September 21, 2018.                            making effective comments, please visit:
                                                                                                         http://www2.epa.gov/dockets/                          II. Background
                                                 William L. Wehrum,
                                                                                                         commenting-epa-dockets.                                 The Agency’s policy on scientific
                                                 Assistant Administrator for Air and
                                                 Radiation, Environmental Protection Agency.             FOR FURTHER INFORMATION CONTACT:                      integrity was based on a Presidential
                                                 [FR Doc. 2018–20962 Filed 9–21–18; 4:15 pm]
                                                                                                         Holly Hubbell, Policy, Training, and                  Memorandum for the Heads of
                                                                                                         Oversight Division, Acquisition Policy                Executive Departments and Agencies,
                                                 BILLING CODE 4910–59–P
                                                                                                         and Training Service Center (3802R),                  Subject Line: Scientific Integrity, Dated:
                                                                                                         Environmental Protection Agency, 1200                 March 9, 2009. The memo directs the
                                                                                                         Pennsylvania Ave. NW, Washington, DC                  Director of the Office of Science and
                                                 ENVIRONMENTAL PROTECTION                                20460; telephone number: 202–564–                     Technology Policy (OSTP) to work with
                                                 AGENCY                                                  1091; email address: hubbell.holly@                   the Office of Management and Budget
                                                 48 CFR Parts 1503 and 1552                              epa.gov.                                              (OMB) and agencies to develop policies
                                                                                                         SUPPLEMENTARY INFORMATION:                            to ensure all scientific work developed
                                                 [EPA–HQ–OARM–2015–0657; FRL–9936–                                                                             and used by the Government is done so
                                                 63–OARM]                                                I. General Information                                with scientific integrity. This proposed
                                                                                                            1. Submitting Classified Business                  rule requires the Contractor to ensure
                                                 Environmental Protection Agency
                                                                                                         Information. Do not submit CBI to EPA                 that all personnel within its
                                                 Acquisition Regulation (EPAAR);
                                                                                                         website https://www.regulations.gov or                organization, subcontractors and
                                                 Scientific Integrity
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                                                                                                         email. Clearly mark the part or all of the            consultants, that perform, communicate,
                                                 AGENCY:  Environmental Protection                       information that you claim to be CBI.                 or supervise scientific activities or use
                                                 Agency (EPA).                                           For CBI information in a disk or CD–                  scientific information to perform
                                                 ACTION: Proposed rule.                                  ROM that you mail to EPA, mark the                    advisory and assistance services under
                                                                                                         outside of the disk or CD–ROM as CBI,                 the specified contract, have read and
                                                 SUMMARY:  The Environmental Protection                  and then identify electronically within               understand their compliance
                                                 Agency (EPA) is issuing a proposed rule                 the disk or CD–ROM the specific                       responsibilities regarding the EPA’s
                                                 to address scientific integrity                         information that is claimed as CBI. In                Scientific Integrity Policy.


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Document Created: 2018-09-26 00:47:38
Document Modified: 2018-09-26 00:47:38
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
ActionProposed rule; extension of comment period.
DatesThe comment period for the proposed rule published August 24, 2018, at 83 FR 42986, is extended. The comment period for the Draft Environmental Impact Statement accompanying that proposed rule and published on NHTSA's website is also extended. Comments on both documents should be received on or before October 26, 2018.
ContactEPA: Christopher Lieske, Office of Transportation and Air Quality, Assessment and Standards Division, Environmental Protection Agency, 2000 Traverwood Drive, Ann Arbor, MI 48105; telephone number: (734) 214-4584; fax number: (734) 214-4816;
FR Citation83 FR 48578 
RIN Number2127-AL76 and 2060-AU09
CFR Citation40 CFR 85
40 CFR 86
49 CFR 523
49 CFR 531
49 CFR 533
49 CFR 536
49 CFR 537

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