Federal Register - June 29, 2021

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Source: Federal Register

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Federal Register / Vol. 86, No. 122 / Tuesday, June 29, 2021 / Proposed Rules
lotter on DSK11XQN23PROD with PROPOSALS1

III. Proposed Updates to GEM
In this notice of proposed rulemaking, as detailed further in this section, we are proposing to revise GEM and to revise GEMs test procedures to include adjustment factors after consideration of comments solicited and received on the Technical Amendments proposed rule.
We request comment only on these specific revisions and are not proposing changes to or seeking comment on any other amendments included in the Technical Amendments proposed or final rule.
We are releasing GEM version 3.8 for notice and comment.8 The proposed GEM 3.8 allows additional compliance flexibilities and improves the vehicle simulation by incorporating the following improvements relative to GEM 3.5.1:
Changed limits on engine input to allow small negative torque inputs.
Corrected how GEM adjusts the idle fueling of the transient cycle by using the same idle duration time both for subtracting the idle fuel rate from the transient cycle average engine fuel map and for adding back in the simulated idle fuel rate.
Added an option for vocational vehicles to input a value for neutral coasting in GEM and amend the related test procedure in 40 CFR 1037.520j1.
Corrected manual and automated manual transmissions to perform clutched upshifts for Heavy HDV.
We request comment on the revisions listed above.
As noted in a memorandum to the docket, the resulting standards generated using GEM 3.8 in place of GEM 3.0 were, on average, 0.58 percent lower for tractors and 0.20 percent higher for vocational vehicles, with the greatest difference an increase of 1.3
percent occuring in a few of the custom chassis standards.9 To ensure that these changes to GEM do not change the effective stringency of the Phase 2 CO2
standards, we propose a revision to the test procedures in 40 CFR 1037.520o to include a table of adjustment factors to be applied to the unrounded GEM 3.8
output to correct the differences. We request comment on this proposed revision to 40 CFR 1037.520o. EPA
also requests comment on whether EPA
should incorporate the adjustment factors directly into the GEM model, if 8 Greenhouse
gas Emissions Model GEM Phase 2, Version 3.8, December 2020. A working version of this software is also available for download at https www.epa.gov/regulations-emissionsvehicles-and-engines/greenhouse-gas-emissionsmodel-gem-medium-and-heavy-duty.
9 Sanchez, James, Memorandum to Docket EPA
HQOAR20190307. Process of Using GEM to Set Vehicle Standards. December 4, 2020.

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EPA is able to develop a version of the GEM model which properly incorporates the adjustment factors.
We are proposing to incorporate by reference into the regulations the revised version, GEM 3.8, for manufacturers to demonstrate compliance with the Phase 2 standards, including obtaining a certificate of conformity and submitting end-of-year reports. For MY 2021, we are proposing to allow use of GEM 3.5.1 under 1037.150bb as an interim provision, but to limit this optional use of GEM
3.5.1 for demonstrating compliance with the Phase 2 standards, including obtaining a certificate of conformity and submitting end-of-year reports, to MY
2021 vehicles only. A manufacturer who opts to use GEM 3.5.1 for MY 2021 is required to apply GEM 3.5.1 across its entire MY 2021 U.S.-directed production volume. We also propose to allow MY 2021 data based on the use of GEM 3.5.1 to be used for carryover requests for certificates of conformity for MY 2022 and future years for qualifying vehicles under 1037.235d; however, manufacturers would still need to use GEM 3.8 for end-of-year reporting for MY 2022 and later. Under this proposal, GEM 3.8 would need to be used for all other certificates of conformity for MY
2022 and later. Due to the model improvements and flexibilities available in GEM 3.8 relative to GEM 3.5.1, we request comment on the appropriateness of requiring that GEM 3.8 be used for MY 2021 end-of-year reports even if MY
2021 certificates of conformity were obtained using GEM 3.5.1. Finally, we are proposing that if an engine fuel map was run on an engine using a cycle generated from GEM 3.5.1 for MY 2021
and the manufacturer of that engine applies for carryover certification for MY 2022 or later, the manufacturer would not need to rerun the engine fuel map. We request comment on these requirements, allowable uses, and limitations proposed for each of these revised GEM model versions, including the use of GEM 3.5.1 for MY 2021 and carryover applications.
IV. Statutory Authority and Executive Order Reviews Additional information about these statutes and Executive Orders can be found at http www2.epa.gov/lawsregulations/laws-and-executive-orders.
A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review This action is not a significant regulatory action and was therefore not
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submitted to the Office of Management and Budget OMB for review.
B. Regulatory Flexibility Act RFA
I certify that this action will not have a significant economic impact on a substantial number of small entities under the RFA. In making this determination, the impact of concern is any significant adverse economic impact on small entities. An agency may certify that a rule will not have a significant economic impact on a substantial number of small entities if the rule relieves regulatory burden, has no net burden or otherwise has a positive economic effect on the small entities subject to the rule. This action is designed to reduce testing burdens, increase compliance flexibility, and make various corrections and adjustments to compliance provisions;
as a result, we anticipate no costs associated with this rule. We have therefore concluded that this action will have no net regulatory burden for directly regulated small entities.
C. Unfunded Mandates Reform Act UMRA
This action does not contain any unfunded mandate as described in UMRA, 2 U.S.C. 15311538, and does not significantly or uniquely affect small governments. This action imposes no enforceable duty on any state, local or tribal governments. Requirements for the private sector do not exceed $100
million in any one year.
D. Executive Order 13132: Federalism This action does not have federalism implications. It will not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government.
E. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments This action does not have tribal implications as specified in Executive Order 13175. This rule will be implemented at the Federal level and affects engine and vehicle manufacturers. Thus, Executive Order 13175 does not apply to this action.
F. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks This action is not subject to Executive Order 13045 because it is not economically significant as defined in Executive Order 12866, and because the EPA does not believe the environmental
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Federal Register - June 29, 2021

TitreFederal Register

PaysÉtats-Unis

Date29/06/2021

Page count477

Edition count7800

Première édition14/03/1936

Dernière édition23/06/2026

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