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EPA Semiannual Regulatory Agenda

On December 10, 2007, EPA published a notice in the Federal Register at 72 FR 70118 announcing the publication of its semiannual regulatory agenda. The update is available online at http://www.reginfo.gov/public/do/eAgendaMain.

California’s Motor Vehicle GHG Regulation

On December 11, 2007, in the case of Central Valley Chrysler-Jeep v. CARB, Judge Ishii issued an opinion which denies AIAM’s motion for summary judgment on EPCA preemption and grants the Defendants’ cross motion. In short, the court held that if the AB 1493 Regulations obtain a waiver under Section 209(b) of the Clean Air Act, then the enforcement of the regulations is not prevented by express or implied preemption under EPCA.

Motorhome and RV Cargo Carrying Capacity

On December 4, 2007, NHTSA published a final rule in the Federal Register at 72 FR 68442 addressing the problem of motorhome and RV trailer overloading. In the final rule, NHTSA has decided to require all motor homes and RV trailers to bear a label that informs the consumer about the vehicle's load carrying capacity. NHTSA is also requiring that the size of tires on motor homes and RV trailers be the same as the size of tires listed on the tire information label.

For motor homes and RV trailers, NHTSA will require labels that display the VIN, the weight of a full load of water, the unit weight of water and a cautionary statement that the weight of water is part of cargo. Motor home labels must display the maximum weight of occupants and cargo and RV trailer labels must display the maximum weight of cargo. In addition, for motor homes, the label must show the safety belt equipped seating capacity and must indicate that the tongue weight of a towed trailer counts as cargo.

To promote a consistent conspicuous label location, NHTSA is specifying that permanent load carrying capacity labels be affixed to the interior of the forward-most exterior passenger door on the right side of the vehicle and be visible. The rule alternatively permits manufacturers to place a temporary label to the interior of the forward-most exterior passenger door on the right side of the vehicle and apply a permanent label in the area of the vehicle specified by FMVSS 110 and 120 for tire information.

The final rule also adopts a threshold for correcting load carrying capacity information on tire placards, motor home occupant and cargo carrying capacity (OCCC) labels and RV trailer CCC labels of the lesser of 1.5 percent of GVWR or 100 pounds. When correction of load carrying capacity is needed, the rule permits the use of generic labels where corrected values can be legibly entered using a black, fine point, indelible marker.

NHTSA notes that the addition of the load carrying capacity modification label is one of three options that can be used to correct load carrying capacity information when dealer added weight exceeds the threshold. Dealers/service facilities are permitted to: (1) Replace existing tire placards, motor home OCCC labels or RV trailer CCC labels with new placards/labels containing correct load carrying capacity information; (2) modify existing tire placards, motor home OCCC labels or RV trailer CCC labels so they display correct load carrying capacity information; or (3) add a load carrying capacity modification label within 25 mm of the existing tire placard and/or the motor home OCCC label or RV trailer CCC label.

The effective date for the final rule is June 2, 2008. Optional immediate compliance is available as of December 4, 2007. Petitions for reconsideration of the final rule are due January 18, 2008.

Docket reference: NHTSA-2007-0040.

NHTSA contacts: Mr. William D. Evans, Office of Crash Avoidance Standards (202) 366-2272 and Ms. Dorothy Nakama, Office of the Chief Counsel (202) 366-2992.

Lighting (FMVSS 108)

On December 4, 2007, NHTSA issued a final rule at 72 FR 68234 amending FMVSS 108 on lamps, reflective devices, and associated equipment by reorganizing the regulatory text so that it provides a more straightforward and logical presentation of the applicable regulatory requirements, which includes the NHTSA's interpretation of the existing requirements. The amendments also reduce the need to consult third-party standards by including applicable requirements directly into the main body of FMVSS 108, rather than incorporating such provisions by reference. Importantly, this final rule does not impose any new substantive requirements on manufacturers.

In addition to reorganizing FMVSS 108, the final rule also amends 49 CFR Part 564, Replaceable Light Source Information, by adding a newly created Appendix C, which relocates figures addressing sealed beam headlamps that currently reside in FMVSS 108 and a relevant SAE standard there.

The requirements of the final rule are set to take effect September 1, 2008. Early voluntary compliance is permitted immediately.

Petitions for reconsideration are due January 18, 2008.

Docket reference: NHTSA-2007-28322.

NHTSA contacts: David Hines, Office of Crash Avoidance Standards, (202) 493-0245. Ari Scott, Office of the Chief Counsel, (202) 366-2992.

Draft Heavy Duty Vehicle Fuel Efficiency Test Protocol

With the goal of eventually being able to assess the fuel efficiency of heavy duty vehicles relative to EPA’s SmartWay Transport Partnership, the EPA has issued a working draft heavy duty vehicle fuel efficiency test protocol for review and comment.  The document is intended to apply to both medium and heavy duty vehicles as defined at 40 CFR 86.082-2.  Relative to the SmartWay program, the test protocol would be used on a voluntary basis to determine whether vehicle configurations meet or exceed SmartWay performance specifications. 

As drafted, the protocol establishes different test requirements and methods depending on vehicle type (e.g., tractor-trailer combination line haul and regional haul trucks, local pick up and delivery vehicles, transit buses, neighborhood refuse trucks, utility trucks and intermodal (port) drayage trucks). 

The draft test protocol covers the following areas:

·   Vehicle Selection

·   Test Fuel

·   Test Track Specifications and Requirements

·   Chassis Dynamometer Specifications and Requirements

·   Test Equipment Specifications

·   Drive Cycle Selection

·   Accessory Load

·   Vehicle Payload and Test Weight

·   Test Set-Up Procedure

·   Test Procedure

·   Required Number of Test Runs

·   Fuel efficiency Calculation

·   Reporting and Documentation

Both chassis dyno and test track test sequences are covered.

EPA intends to hold a stakeholder workshop to give interested parties an opportunity to directly discuss the working draft with EPA staff and others.  EPA will post the date and location of the workshop on its SmartWay program web page in early 2008.

Comments on the working draft may be directed to:  Joseph Bachman at bachman.joseph@epa.gov or 202-343-9373 or Cheryl Bynum at bynum.cheryl@epa.gov or 734-214-4244.

Child Restraint Ease of Use Rating

On November 23, 2007, NHTSA published a notice in the Federal Register at 72 FR 65804 requesting comments on a proposal to update the features and criteria it uses for its child restraint Ease of Use (EOU) ratings program along with the method in which the agency displays the ratings to consumers.  With its proposal, NHTSA will place greater emphasis on LATCH hardware used on the child seat and revise the numerical break points that determine a child restraint’s category and overall rating, making it more difficult to achieve the top rating.  In addition, NHTSA will also go from a letter rating system to a star rating system containing five levels of discrimination.  NHTSA intends to put the changes into effect with the 2008 ratings program.

Aspheric Outside Rearview Mirrors

On November 5, 2007, Representative Hoekstra (R-MI) introduced HR 4095, the Aspheric Outside Rearview Mirror Timely Assessment Act of 2007. As drafted, HR 4095 would require NHTSA to conduct a rulemaking to determine whether to permit the use of aspheric mirrors as outside rearview mirrors on passenger cars. The bill would require an NPRM and a final rule to be issued within 115 and 225 days of the date of enactment with a final rule, respectively. The bill also states that the Administrator may issue an ANPRM within 30 days of the date of enactment. For purposes of the rulemaking required by the legislation, the term “aspheric mirror” means a mirror in which the outermost edge, comprising not more than one-third of the surface of the mirror, is aspherical, that is, having a surface which has a constant radius only in one plane, and such mirror contains a line of demarcation marking the transition of the reflecting surface from the convex portion to the aspherical portion. The bill has been referred to the House Committee on Energy & Commerce.

Motorcoach Safety Legislation Proposed

On November 8, 2007, Senator Brown (D-OH) introduced the Motorcoach Enhanced Safety Act of 2007 (S2326).

Within one year of enactment, the bill would mandate that the Secretary of Transportation issue regulations:

-    requiring seat belts in motorcoaches at each designated seating position;

-    requiring motorcoaches to be equipped with advanced glazing to prevent partial or complete ejection of passengers;

-    requiring installation of improved onboard fire fighting equipment.

Within two years of enactment, the bill would mandate that the Secretary of Transportation issue regulations:

-    requiring enhanced compartmentalization safety countermeasures (enhanced seating designs);

-    establishing enhanced occupant impact protection standards for motorcoach interiors;

-    requiring motorcoaches be equipped with enhanced stability control (e.g., ESC, roll stability, etc);

-    requiring enhanced conspicuity of motorcoaches;

-    establishing improved flammability test procedures;

-    establishing enhanced motorcoach fuel system integrity standards;

-    requiring enhanced emergency evacuation designs and enhanced emergency lighting.

Within three years of enactment, the bill would mandate that the Secretary of Transportation issue regulations:

-    requiring adaptive cruise control;

-    requiring automatic fire suppression systems.

The Act directs the Secretary to complete a study on the above issues by Sep. 1, 2008.

The Act also sets out numerous driver safety measures and additionally requires that motorcoaches be equipped with onboard recording devices linked with engine functions and electronic control modules that record driver hours of service.

The bill has been referred to the Senate Committee on Commerce, Science and Transportation.