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Federal Register / Vol. 86, No. 122 / Tuesday, June 29, 2021 / Proposed Rules health or safety risks addressed by this action present a disproportionate risk to children. There are no environmental health or safety risks created by this action that could present a disproportionate risk to children.

12898 59 FR 7629, February 16, 1994.
Due to the small environmental impact, this regulatory action will not have a disproportionate adverse effect on minority populations, low-income populations, or indigenous peoples.

G. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution or Use This action is not subject to Executive Order 13211, because it is not a significant regulatory action under Executive Order 12866.

List of Subjects
I. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations The EPA believes this action does not have disproportionately high and adverse human health or environmental effects on minority populations, lowincome populations or indigenous peoples, as specified in Executive Order
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16:40 Jun 28, 2021

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40 CFR Part 1037
Administrative practice and procedure, Air pollution control, Confidential business information, Environmental protection, Incorporation by reference, Labeling, Motor vehicle pollution, Reporting and recordkeeping requirements, Warranties.
Jane Nishida, Acting Administrator.

For the reasons set out in the preamble, we propose to amend title 40, chapter I of the Code of Federal Regulations as set forth below.
PART 1036CONTROL OF EMISSIONS
FROM NEW AND IN-USE HEAVY-DUTY
HIGHWAY ENGINES
1. The authority citation for part 1036
continues to read as follows:

Authority: 42 U.S.C. 74017671q.

2. Amend 1036.150 by adding paragraph r to read as follows:

1036.150

Interim provisions.

r Carryover fuel maps. You may use fuel maps from model year 2021 engines for certifying model year 2022 and later vehicles using carryover provisions in 1036.235d, even if the specified version of the GEM simulation tool to generate duty cycles for fuel mapping changes for those later model years.
PART 1037CONTROL OF EMISSIONS
FROM NEW HEAVY-DUTY MOTOR
VEHICLES
3. The authority citation for part 1037
continues to read as follows:

1037.520 Modeling CO2 emissions to show compliance for vocational vehicles and tractors.

This section describes how to use the Greenhouse gas Emissions Model GEM
incorporated by reference in 1037.810 to show compliance with the CO2 standards of 1037.105 and 1037.106 for vocational vehicles and tractors. Use GEM version 2.0.1 to demonstrate compliance with Phase 1
standards; use GEM Phase 2, Version 3.8
to demonstrate compliance with Phase 2
standards. Use good engineering judgment when demonstrating compliance using GEM. See 1037.515
for calculation procedures for demonstrating compliance with trailer standards.

j
1 Intelligent controls. Enter 2 for tractors with predictive cruise control.
This includes any cruise control system that incorporates satellite-based globalpositioning data for controlling operator demand. For tractors without predictive cruise control and for all vocational vehicles, enter 1.5 if they have neutral coasting, unless good engineering judgment indicates that a lower percentage should apply.

o Adjusting results for updated GEM. Adjust composite results from GEM Phase 2, Version 3.8 using the following equation to account for modeling changes relative to GEM Phase 2, Version 3.0:
ecoz
Authority: 42 U.S.C. 74017671q.

eco2Adjusted
4. Amend 1037.150 by adding paragraph bb to read as follows:

= 1 + AF

1037.150

Interim provisions.

bb Transition to updated GEM.
Vehicle manufacturers may demonstrate
PO 00000

Frm 00031

Fmt 4702

Sfmt 4702

Eq. 1037.520-1
Where:
eCO2 = FEL CO2 Emissions from GEM.
AF = the adjustment factor from the following table:

E:FRFM29JNP1.SGM

29JNP1

EP29JN21.000

lotter on DSK11XQN23PROD with PROPOSALS1

H. National Technology Transfer and Advancement Act NTTAA and 1 CFR
Part 51
Section 12d of the National Technology Transfer and Advancement Act of 1995 NTTAA, Public Law 104113, 12d 15 U.S.C. 272 note directs EPA to use voluntary consensus standards in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards e.g., materials specifications, test methods, sampling procedures, and business practices that are developed or adopted by voluntary consensus standards bodies. NTTAA directs agencies to provide Congress, through OMB, explanations when the Agency decides not to use available and applicable voluntary consensus standards. This action involves technical standards.
Except for the reference discussed below, the standards included in the regulatory text as incorporated by reference in 40 CFR part 1037 were all previously approved for IBR and no change is proposed in this action.
In accordance with the requirements of 1 CFR 51.5, we are proposing to incorporate by reference a new version of the Greenhouse gas Emissions Model GEM, which we use for certifying heavy-duty highway vehicles to the greenhouse gas emission standards in 40
CFR part 1037. The model calculates emission rates for heavy-duty highway vehicles based on input values defined by the manufacturer. The model is available as noted in the amended regulations at 40 CFR 1037.810.

40 CFR Part 1036
Administrative practice and procedure, Air pollution control, Confidential business information, Environmental protection, Greenhouse gases, Labeling, Motor vehicle pollution, Reporting and recordkeeping requirements, Warranties.

compliance with Phase 2 GHG
standards in model year 2021 vehicles using GEM Phase 2, Version 3.5.1
incorporated by reference in 1037.810. Each vehicle manufacturer must use a single version of GEM for all its model year 2021 families. Vehicle manufacturers may use GEM Phase 2, Version 3.5.1 for later model years only to certify vehicle families from model year 2021 that qualify for using carryover provisions in 1037.235d.
5. Amend 1037.520 by revising the introductory text and paragraph j1
and adding paragraph o to read as follows: