Multi-Pollutant Emissions Standards for Model Years 2027 and Later Light-Duty and Medium-Duty Vehicles; Correction

AGENCY:

Environmental Protection Agency (EPA).

ACTION:

Final rule; correction.

SUMMARY:

The Environmental Protection Agency (EPA) is correcting a final rule published in the Federal Register of April 18, 2024, which will be effective June 17, 2024. The final rule established new emission standards for light-duty and medium-duty motor vehicles. This document corrects inadvertent errors introduced in preparing the regulatory text for publication. These corrections do not include any substantives change to the final rule.

DATES:

This correction is effective June 17, 2024.

ADDRESSES:

EPA has established a docket for this action under Docket ID No. EPA-HQ-OAR-2022-0829. Publicly available docket materials are available either electronically at www.regulations.gov or in hard copy at Air and Radiation Docket and Information Center, EPA Docket Center, EPA/DC, EPA WJC West Building, 1301 Constitution Ave. NW, Room 3334, Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Alan Stout, Assessment and Standards Division, Office of Transportation and Air Quality, Environmental Protection Agency, 2000 Traverwood Drive, Ann Arbor, MI 48105; telephone number: (734) 214-4805; email address: stout.alan@epa.gov.

SUPPLEMENTARY INFORMATION:

EPA is making the following corrections for inadvertent errors in the regulatory text for the final rule:

• Revising40 CFR 85.2103(c) to remove references to a nonexistent paragraph (e).
• Revising40 CFR 86.1 to remove references to nonexistent sections 86.1823-01, 86.1824-01, and 86.1825-01.
• Revising40 CFR 86.1806-27(a)(7) by referring to California's LEV standards in general instead of specifically to the LEV III standards.
• Restoring the content of40 CFR 86.1818-12(c)(4), which was inadvertently over-written by re-organizing the section content. The paragraph is moved to 40 CFR 86.1818-12(a)(4). The restored paragraph describes an option for waiving greenhouse gas standards for emergency vehicles.
• Eliminating the specific paragraph reference for battery-related testing in40 CFR 86.1829-15(a)(2)(ii). The intended reference was to all of 40 CFR 86.1815-27, where we discuss the range of battery-related testing requirements that apply. We note especially that battery-related testing requirements apply differently for vehicles certified based on California procedures as specified in 40 CFR 86.1815-27(h).

Section 553(b)(B) of the Administrative Procedure Act, 5 U.S.C. 553(b)(B), provides that, when an agency for good cause finds that public notice and comment procedures are impracticable, unnecessary, or contrary to the public interest, the agency may issue a rule without providing notice and an opportunity for public comment. EPA has determined that there is good cause for making this technical correction final without prior proposal. Such notice and opportunity for comment is unnecessary as the technical corrections are for minor typographical and other nonsubstantive errors made in the final rule.

This final rule is effective June 17, 2024. Section 553(d)(3) of the Administrative Procedure Act (“APA”), 5 U.S.C. 553(d), provides that final rules shall not become effective until 30 days after publication in the Federal Register “except . . . as otherwise provided by the agency for good cause.” The purpose of this provision is to “give affected parties a reasonable time to adjust their behavior before the final rule takes effect.” Omnipoint Corp. v. Fed. Commc'n Comm'n, 78 F.3d 620, 630 (D.C. Cir. 1996); see also United States v. Gavrilovic, 551 F.2d 1099, 1104 (8th Cir. 1977) (quoting legislative history). Thus, in determining whether good cause exists to waive the 30-day delay, an agency should “balance the necessity for immediate implementation against principles of fundamental fairness which require that all affected persons be afforded a reasonable amount of time to prepare for the effective date of its ruling.” Gavrilovic, 551 F.2d at 1105. EPA has determined that there is good cause for making this final rule effective less than 30 days after publication in the Federal Register because the technical corrections are for minor typographical and other nonsubstantive errors made in the final rule, these corrections will address potential confusion for regulated entities that could result if these errors introduced during preparation for publication are not corrected prior to the effective date of the final rule published in the Federal Register of Monday, April 18, 2024, and further time is not needed for regulated entities to prepare for such corrections prior to the effective date given the nature of the corrections.

For these reasons, the agency finds that good cause exists under APA section 553(d)(3) to make this rule effective June 17, 2024.

Corrections

In FR Doc. 2024-06214 beginning on page 27842 in the Federal Register of April 18, 2024, EPA is making the following corrections:

1. On pages 28152 and 28153, in § 85.2103, correct paragraphs (c)(1) and (2) to read as follows:

2. On pages 28154 and 28155, in § 86.1, correct paragraph (a)(21) to read as follows:

3. On page 28160, in the third column, in § 86.1806-27, correct paragraph (a)(7) to read as follows:

4. On page 28169, in the second column, in § 86.1818-12, add paragraph (a)(4) to read as follows:

5. On page 28178, in the first column, in § 86.1829-15, correct paragraph (a)(2)(ii) to read as follows: