The Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule for Model Years 2021-2026 Passenger Cars and Light Trucks; Extension of Comment Period |
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Heidi R. King
National Highway Traffic Safety Administration
William L. Wehrum
Environmental Protection Agency
26 September 2018
[Federal Register Volume 83, Number 187 (Wednesday, September 26, 2018)]
[Proposed Rules]
[Pages 48578-48581]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-20962]
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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.
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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: lieske.christopher@epa.gov, or contact the Assessment
and Standards Division, email address: otaqpublicweb@epa.gov. 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:
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Length of extension
Requester Date submitted Docket ID No. requested
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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.
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\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\
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\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.
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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]
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