{"abstract":"In this rulemaking, EPA is making certain technical corrections to the rules establishing emission standards for nonroad diesel engines. In addition, we are amending those rules to provide nonroad diesel equipment manufacturers with a production technical relief provision for Tier 3 equipment which is similar to the technical relief provision already available for Tier 4 equipment. Like the Tier 4 provisions, the new Tier 3 technical relief provision deals with a situation where an equipment manufacturer which is not vertically integrated with its engine supplier is unable to complete redesign of the equipment within the time required by rule (here, the Tier 3 rule). To be eligible, the equipment manufacturer must show both that its inability to furnish a compliant equipment design is due to the engine supplier, and that the equipment manufacturer has exhausted other flexibilities already provided by the Tier 3 rule. The amount of relief under the Tier 3 technical relief provision is somewhat less than is available under the parallel Tier 4 provision, however. The Tier 3 Technical flexibility will apply up to a maximum of an additional 50% of production beyond the original 80% provided by the Tier 3 production flexibility provision. In addition, each grant of Tier 3 technical relief is associated with the likelihood of earlier use of Tier 4 nonroad diesel engines. The rule thus provides that for each one percent of use of Tier 3 technical relief, some percentage of the automatic Tier 4 production flexibility for the same engine power category, and some percentage of potential Tier 4 technical relief, is no longer available. The percentage varies based on the type of engine for which Tier 3 technical relief is granted, the largest Tier 4 \"penalty\" being associated with use of the higher emitting earlier tier engines.","action":"Direct final rule.","agencies":[{"raw_name":"ENVIRONMENTAL PROTECTION AGENCY","name":"Environmental Protection Agency","id":145,"url":"https://www.federalregister.gov/agencies/environmental-protection-agency","json_url":"https://www.federalregister.gov/api/v1/agencies/145","parent_id":null,"slug":"environmental-protection-agency"}],"body_html_url":"https://www.federalregister.gov/documents/full_text/html/2007/09/18/E7-18161.html","cfr_references":[{"chapter":null,"citation_url":null,"part":9,"title":40},{"chapter":null,"citation_url":null,"part":89,"title":40},{"chapter":null,"citation_url":null,"part":1039,"title":40}],"citation":"72 FR 53118","comment_url":null,"comments_close_on":"2007-10-18","correction_of":null,"corrections":[],"dates":"This direct final rule is effective on November 19, 2007 without further notice, unless we receive adverse comments by October 18, 2007 or receive a request for a public hearing by October 3, 2007. If we receive any significant adverse comments on this direct final rule, or on one or more amendments in this direct final rule, or receive a request for a hearing within the time frame described above, we will publish a timely withdrawal in the Federal Register informing the public that this rule, or the provisions of this rule that are the subject of significant adverse comment, will not take effect.","disposition_notes":null,"docket_ids":["EPA-HQ-OAR-2007-0652","FRL-8467-2"],"dockets":[],"document_number":"E7-18161","effective_on":"2007-11-19","end_page":53134,"executive_order_notes":null,"executive_order_number":null,"full_text_xml_url":"https://www.federalregister.gov/documents/full_text/xml/2007/09/18/E7-18161.xml","html_url":"https://www.federalregister.gov/documents/2007/09/18/E7-18161/nonroad-diesel-technical-amendments-and-tier-3-technical-relief-provision","images":{},"images_metadata":{},"json_url":"https://www.federalregister.gov/api/v1/documents/E7-18161?publication_date=2007-09-18","mods_url":"https://www.govinfo.gov/metadata/granule/FR-2007-09-18/E7-18161/mods.xml","not_received_for_publication":null,"page_length":17,"page_views":{"count":305,"last_updated":"2026-08-26 18:15:08 -0400"},"pdf_url":"https://www.govinfo.gov/content/pkg/FR-2007-09-18/pdf/E7-18161.pdf","presidential_document_number":null,"proclamation_number":null,"public_inspection_pdf_url":null,"publication_date":"2007-09-18","raw_text_url":"https://www.federalregister.gov/documents/full_text/text/2007/09/18/E7-18161.txt","regulation_id_number_info":{"2060-AO37":{"issue":"200710","html_url":"https://www.federalregister.gov/regulations/2060-AO37/nonroad-diesel-technical-amendments","title":"Nonroad Diesel Technical Amendments","xml_url":"http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=200710&RIN=2060-AO37&operation=OPERATION_EXPORT_XML","priority_category":"Substantive, Nonsignificant"}},"regulation_id_numbers":["2060-AO37"],"regulations_dot_gov_info":{"checked_regulationsdotgov_at":"2011-11-13T01:57:09Z"},"regulations_dot_gov_url":null,"significant":false,"signing_date":null,"start_page":53118,"subtype":null,"title":"Nonroad Diesel Technical Amendments and Tier 3 Technical Relief Provision","toc_doc":"Nonroad diesel engines; emission standards; technical amendments and Tier 3 technical relief provision","toc_subject":"Air pollution control; new motor vehicles and engines:","topics":["Administrative practice and procedure","Air pollution control","Confidential business information","Environmental protection","Imports","Labeling","Motor vehicle pollution","Penalties","Reporting and recordkeeping requirements","Research","Vessels","Warranties"],"type":"Rule","volume":72}