53722 Federal Register / Vol. 85, No. 169 / Monday, August 31, 2020 / Proposed Rules 
1‘‘Passenger car’’ and ‘‘light truck’’ are defined in 
49 CFR part 523. List of Subjects in 40 CFR Part 52 
Environmental protection, Air 
pollution control, Incorporation by 
reference, Intergovernmental relations, Reporting and recordkeeping requirements, Sulfur oxides. 
Authority: 42 U.S.C. 7401 et seq. 
Dated: July 31, 2020. 
Mary Walker, 
Regional Administrator, Region 4. 
[FR Doc. 2020–17231 Filed 8–28–20; 8:45 am] 
BILLING CODE 6560–50–P 
ENVIRONMENTAL PROTECTION 
AGENCY 
40 CFR Part 600 
[EPA–HQ–OAR–2020–0314; FRL–10012–24– 
OAR] 
RIN 2060–AU89 
Technical Correction to the Flex-Fuel 
Vehicle Provisions in CAFE Regulations 
AGENCY : Environmental Protection 
Agency (EPA). 
ACTION : Proposed rule. 
SUMMARY : EPA is proposing to correct an 
error in EPA’s regulations for test procedures used in the Corporate Average Fuel Economy (CAFE) program finalized in a 2012 rulemaking. EPA established the procedures under the general provisions of Energy Policy and Conservation Act (EPCA) which authorize EPA to establish test and calculation procedures for CAFE. The correction clarifies the method for how flex-fuel vehicles are accounted for in manufacturer fuel economy calculations in model years 2020 and later. This correction allows the program to be implemented as originally intended in the 2012 rule. This proposed action is not expected to result in any significant changes in regulatory burdens or costs. In the ‘‘Rules and Regulations’’ section of this Federal Register, we are taking 
direct final action without a prior proposed rule. If we receive no adverse comment, we will not take further action on this proposed rule. 
DATES : Comments: Written comments 
must be received by October 15, 2020. If EPA receives a request for a public hearing by September 8, 2020, we will publish information related to the hearing and new deadline for public comment in a subsequent Federal Register document. 
Public hearing: EPA will not hold a 
public hearing on this matter unless a request is received by the person identified in the 
FOR FURTHER  
INFORMATION CONTACT section of this 
preamble by September 8, 2020. If EPA receives such a request, we will hold a public hearing. Additional information about the hearing would be published in a subsequent Federal Register document. 
ADDRESSES : You may send comments, 
identified by Docket ID No. EPA–HQ– OAR–2020–0314, by any of the following methods: 
•Federal eRulemaking Portal: 
https://www.regulations.gov/ (our 
preferred method). Follow the online instructions for submitting comments. 
•Email: a-and-r-Docket@epa.gov. 
Include Docket ID No. EPA–HQ–OAR– 2020–0314 in the subject line of the message. 
•Fax: (202) 566–9744 Include Docket 
ID No. EPA–HQ–OAR–2020–0314 on the cover of the fax. 
•Mail: U.S. Environmental 
Protection Agency, EPA Docket Center, OAR, Docket EPA–HQ–OAR–2020– 0314, Mail Code 28221T, 1200 Pennsylvania Avenue NW, Washington, DC 20460. 
•Hand Delivery/Courier: EPA Docket 
Center, WJC West Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC 20004. The Docket Center’s hours of operations are 8:30 a.m.–4:30 p.m., Monday–Friday (except Federal Holidays). 
Instructions: All submissions received 
must include the Docket ID No. for this rulemaking. Comments received may be posted without change to https://www.regulations.gov/, including any 
personal information provided. For detailed instructions on sending comments and additional information on the rulemaking process, see the ‘‘Public Participation’’ heading of the 
SUPPLEMENTARY INFORMATION section of 
this document. Out of an abundance of caution for members of the public and our staff, the EPA Docket Center and Reading Room are closed to the public, with limited exceptions, to reduce the risk of transmitting COVID–19. Our Docket Center staff will continue to provide remote customer service via email, phone, and webform. We encourage the public to submit comments via https://www.regulations.gov/ or email, as there 
may be a delay in processing mail and faxes. Hand deliveries and couriers may be received by scheduled appointment only. For further information on EPA Docket Center services and the current status, please visit us online at https:// 
www.epa.gov/dockets. FOR FURTHER INFORMATION CONTACT : 
Christopher Lieske, Office of Transportation and Air Quality (OTAQ), Assessment and Standards Division (ASD), Environmental Protection Agency, 2000 Traverwood Drive, Ann Arbor, MI 48105; telephone number: (734) 214–4584; email address: lieske.christopher@epa.gov fax number: 
(734) 214–4816. 
SUPPLEMENTARY INFORMATION : 
I. Why is EPA issuing this proposed rule? 
This document proposes to correct an 
error in EPA’s regulations for test procedures used in the Corporate Average Fuel Economy (CAFE) program finalized in a 2012 rulemaking. The correction clarifies the method for how flex-fuel vehicles are accounted for in manufacturer fuel economy calculations in model years 2020 and later. This correction allows the program to be implemented as originally intended in the 2012 rule. 
We have published a direct final rule 
in the ‘‘Rules and Regulations’’ section of this Federal Register because we view this as a noncontroversial action and anticipate no adverse comment. We have explained our reasons for this action in the preamble to the direct final rule; that document also includes draft regulations detailing all the amendments under consideration. 
If we receive no adverse comment, we 
will not take further action on this proposed rule. If we receive adverse comment, we will publish a timely withdrawal in the Federal Register informing the public that the direct final rule, or the relevant provisions of the rule, will not take effect. We would address all public comments in any subsequent final rule based on this proposed rule. 
We do not intend to institute a second 
comment period on this action. Any parties interested in commenting must do so at this time. For further information, please see the information provided in the 
ADDRESSES section of 
this document. 
II. Does this action apply to me? 
This action affects companies that 
manufacture or sell passenger 
automobiles (passenger cars) and non- passenger automobiles (light trucks) as defined under NHTSA’s CAFE regulations.
1Regulated categories and 
entities include: 
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2See 77 FR 62830 and 63127, October 15, 2012. 
349 U.S.C. 32904(a), (c). 449 U.S.C. 32906. 
5This weighting factor is commonly referred to as 
the ‘‘F-factor.’’ The F-factor is a value specified by 
EPA in accordance with 40 CFR 600.510–12(k) based on EPA’s assessment of the real-world use of E85 over the life of the FFVs. Category NAICS 
codesA Examples of potentially regulated entities 
Industry ...................................................................... 336111 
336112 Motor Vehicle Manufacturers. 
Industry ...................................................................... 811111 
811112 
811198 
423110 Commercial Importers of Vehicles and Vehicle Components. 
Industry ...................................................................... 335312 
811198 Alternative Fuel Vehicle Converters. 
ANorth American Industry Classification System (NAICS). 
This list is not intended to be 
exhaustive, but rather provides a guide 
regarding entities likely to be regulated by this action. To determine whether particular activities may be regulated by this action, you should carefully examine the regulations. You may direct questions regarding the applicability of this action to the person listed in 
FOR 
FURTHER INFORMATION CONTACT . 
III. Public Participation 
EPA will keep the record open until 
October 15, 2020. All information will be available for inspection at the EPA Air Docket No. EPA–HQ–OAR–2020– 0314. Submit your comments, identified by Docket ID No. EPA–HQ–OAR–2020– 0314, at https://www.regulations.gov (our preferred method), or the other methods identified in the 
ADDRESSES  
section. Once submitted, comments cannot be edited or removed from the docket. The EPA may publish any comment received to its public docket. Do not submit to EPA’s docket at https://www.regulations.gov any 
information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or 
other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www.epa.gov/dockets/ commenting-epa-dockets. 
The EPA is temporarily suspending 
its Docket Center and Reading Room for public visitors, with limited exceptions, to reduce the risk of transmitting COVID–19. Our Docket Center staff will continue to provide remote customer service via email, phone, and webform. We encourage the public to submit 
comments via https://www.regulations.gov/ as there may be a 
delay in processing mail and faxes. Hand deliveries or couriers will be received by scheduled appointment only. For further information and updates on EPA Docket Center services, please visit us online at https://www.epa.gov/dockets. 
The EPA continues to carefully and 
continuously monitor information from the Centers for Disease Control and Prevention (CDC), local area health departments, and our Federal partners so that we can respond rapidly as conditions change regarding COVID–19. 
IV. Proposed Provisions 
This proposal would correct a 
technical error in EPA regulations 
pertaining to the treatment of model year (MY) 2020 and later E85 flex-fuel vehicles (FFVs) in the Corporate Average Fuel Economy (CAFE) program. These provisions were established in the 2012 final rule ‘‘2017 and Later Model Year Light-Duty Vehicle Greenhouse Gas Emissions and Corporate Average Fuel Economy Standards,’’ where EPA adopted new test procedures for weighting the measured fuel economy of MY 2020 and later FFVs when the vehicles are tested on both E85 and gasoline test fuels.
2 
EPA established the procedures under the general provisions of Energy Policy and Conservation Act (EPCA) which authorize EPA to establish test and calculation procedures for CAFE.
3 
49 U.S.C. 32905 specifies how the fuel 
economy of dual fuel vehicles is to be calculated for the purposes of CAFE through the 2019 model year. The basic calculation includes a 50/50 harmonic average weighting of the fuel economy for the alternative fuel and the conventional fuel, irrespective of the actual usage of each fuel. In a related provision, 49 U.S.C. 32906, the amount by which a manufacturer’s CAFE value (for domestic passenger cars, import passenger cars, or light-duty trucks) can be improved by the statutory incentive 
for dual fuel vehicles is limited by EPCA to 1.2 mpg through 2014, and then gradually reduced until it is phased out entirely starting in model year 2020.
4 
Recognizing the expiration of the 
special calculation procedures in 49 U.S.C. 32905 for dual fuel vehicles, EPA established, in the 2012 rule, calculation procedures for model years 2020 and later FFVs under the general provisions of EPCA noted above authorizing EPA to establish CAFE testing and calculation procedures. EPA regulations at 40 CFR 600.510–12(c)(2)(v) specify weighting the fuel economy measured when an FFV is tested on E85 and gasoline test fuel using the same weighting factor as is used in the greenhouse gas program for weighting CO
2emissions measured 
on the two fuels.5As part of the 2012 
rule, NHTSA modified its regulations at Part 536.10 to limit the applicability of the EPCA limits to MYs 2019 and earlier and to state that for MYs 2020 and beyond a manufacturer must calculate the fuel economy of dual-fuel vehicles in accordance with EPA’s regulations at 40 CFR 600.510–12(c)(2)(v). 
The preamble for the 2012 rule 
summarized EPA’s approach for MY 2020 and later as follow: ‘‘EPA is finalizing its proposal, under its EPCA authority, to use the ‘‘utility factor’’ methodology for PHEV and CNG vehicles described above to determine how to apportion the fuel economy when operating on gasoline or diesel fuel and the fuel economy when operating on the alternative fuel. For FFVs under the CAFE program, EPA is using the same methodology it uses for the GHG program to apportion the fuel economy, namely based on actual usage of E85. As proposed, EPA is continuing to use Petroleum Equivalency Factors and the 0.15 divisor used in the MY 2012–2016 rule for the alternative fuels, 
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677 FR 62653. 
777 FR 62830. 
877 FR 62830. 
977 FR 63020. however with no cap on the amount of 
fuel economy increase allowed.’’6 
EPA noted in the 2012 preamble ‘‘[i]n 
a related provision, 49 U.S.C. 32906, the amount by which a manufacturer’s CAFE value (for domestic passenger cars, import passenger cars, or light- duty trucks) can be improved by the statutory incentive for dual fuel vehicles is limited by EPCA to 1.2 mpg through 2014, and then gradually reduced until it is phased out entirely starting in model year 2020. With the expiration of the special calculation procedures in 49 U.S.C. 32905 for dual fueled vehicles, the CAFE calculation procedures for model years 2020 and later vehicles need to be set under the general provisions authorizing EPA to establish testing and calculation procedures.’’
7 
The 2012 rule preamble also notes ‘‘NHTSA interprets section 32906(a) as not limiting the impact of duel fueled vehicles on CAFE calculations after MY2019.’’
8The 2012 rule preamble 
states ‘‘we interpret Congress’ statement in section 32906(a)(7) that the maximum increase in fuel economy attributable to dual-fueled automobiles is ‘0 miles per gallon for model years after 2019’ within the context of the introductory language 
of section 32906(a) and the language of section 32906(b), which, again, refers clearly to the statutory credit, and not to dual-fueled automobiles generally. It would be an unreasonable result if the phaseout of the credit meant that manufacturers would be effectively penalized, in CAFE compliance, for building dual-fueled automobiles . . .’’
9EPA believes all of these 
statements from the 2012 final rule make clear EPA’s intent not to apply the 49 U.S.C. 32906 credit limits to CAFE calculations for model year 2020 and later vehicles. 
A discrepancy in EPA’s regulations 
exists in section 40 CFR 600.510–12(h), where prior to the 2012 rule, EPA codified the EPCA limits in EPA’s regulations. These regulations specify that the impact of certain dual-fuel vehicles on a manufacturer’s fleet CAFE calculations is limited to 0.0 for MY 2020 and later. EPA inadvertently did not revise the regulations at 40 CFR 600.510–12(h) to account for the 2012 rule’s treatment of MY 2020 and later FFVs. The existing 40 CFR 600.510– 12(h) provisions may be read as applying the EPCA limits to MY 2020 and later FFVs, inconsistent with the clear intent of the 2012 rule. This proposal would correct this error by making narrow revisions to this section of the regulations to clarify that the limits do not apply to MY 2020 and later FFVs, where the emissions of those vehicles are calculated in accordance with 40 CFR 600.510–12(c)(2)(v), consistent with the intent of the 2012 final rule. 
For additional discussion of the 
proposed rule changes, see the direct final rule EPA has published in the ‘‘Rules and Regulations’’ section of today’s Federal Register. This proposal 
incorporates by reference all the reasoning, explanation, and regulatory text from the direct final rule. 
V. Statutory and Executive Order 
Reviews 
Additional information about these 
statutes and Executive Orders can be found at http://www2.epa.gov/laws- regulations/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 submitted to the Office of Management and Budget (OMB) for review. 
B. Executive Order 13771: Reducing 
Regulations and Controlling Regulatory Costs 
This action is not expected to be an 
Executive Order 13771 regulatory action because this action is not significant under Executive Order 12866. 
C. Paperwork Reduction Act 
This action does not impose any new 
information collection burden under the 
PRA, since it merely clarifies and corrects existing regulatory language. OMB has previously approved the information collection activities contained in the existing regulations and has assigned OMB control number of 2060–0104. 
D. 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 rule merely clarifies and corrects existing regulatory language. We therefore anticipate no costs and therefore no regulatory burden associated with this rule. 
E. Unfunded Mandates Reform Act 
(UMRA) 
This action does not contain any 
unfunded mandate as described in UMRA, 2 U.S.C. 1531–1538, and does not significantly or uniquely affect small governments. The 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. 
F. 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. 
G. 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 only corrects and clarifies regulatory provisions that apply to light-duty vehicle manufacturers. Tribal governments would be affected only to the extent they purchase and use regulated vehicles. Thus, Executive Order 13175 does not apply to this action. 
H. 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 health or safety risks addressed by this action present a disproportionate risk to children. This proposed rule merely corrects and clarifies previously established regulatory provisions. 
I. 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. 
J. National Technology Transfer and 
Advancement Act (NTTAA) 
Section 12(d) of the National 
Technology Transfer and Advancement Act of 1995 (‘‘NTTAA’’), Public Law 104–113, 12(d) (15 U.S.C. 272 note) 
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1Disaster Relief Act of 1974, Public Law 93–288, 
88 Stat. 143 (May 22, 1974), as amended, 42 U.S.C. 
5121 et seq. 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 modifies existing 
regulations to correct an error in the 
regulations and therefore involves technical standards previously established by EPA. The amendments to the regulations do not involve the application of new technical standards. EPA is continuing to use the technical standards previously established in its rules regarding the light-duty vehicle GHG standards for MYs 2017–2025. See 77 FR 62960 and 85 FR 25265. 
K. Executive Order 12898: Federal 
Actions To Address Environmental Justice in Minority Populations and Low-Income Populations 
The EPA believes that this action does 
not have disproportionately high and adverse human health or environmental effects on minority populations, low- income populations and/or indigenous peoples, as specified in Executive Order 12898 (59 FR 7629, February 16, 1994). This regulatory action merely corrects previously established provisions that auto manufacturers use to demonstrate compliance for light-duty vehicles. 
List of Subjects in 40 CFR Part 600 
Environmental protection, 
Administrative practice and procedure, 
Electric power, Fuel economy, Labeling, Reporting and recordkeeping requirements. 
Andrew Wheeler, 
Administrator. 
[FR Doc. 2020–17214 Filed 8–28–20; 8:45 am] 
BILLING CODE 6560–50–P DEPARTMENT OF HOMELAND 
SECURITY 
Federal Emergency Management 
Agency 
44 CFR Part 206 
[Docket ID: FEMA–2019–0012] 
RIN 1660–AB00 
Public Assistance Appeals and 
Arbitrations 
AGENCY : Federal Emergency 
Management Agency, DHS. 
ACTION : Notice of proposed rulemaking. 
SUMMARY : The Federal Emergency 
Management Agency (FEMA) is proposing regulations to implement the new right of arbitration authorized by the Disaster Recovery Reform Act of 2018 (DRRA), and to revise its regulations regarding first and second Public Assistance appeals. 
DATES : Comments must be received no 
later than October 30, 2020. 
ADDRESSES : You may submit comments, 
identified by Docket ID: FEMA–2019– 0012, via the Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments. 
FOR FURTHER INFORMATION CONTACT : 
Shabnaum Amjad, Deputy Associate Chief Counsel, Regulatory Affairs, Office of Chief Counsel, Federal Emergency Management Agency, 500 C Street SW, Washington, DC 20472. Phone: 202– 212–2398 or email: Shabnaum.Amjad@fema.dhs.gov. 
SUPPLEMENTARY INFORMATION : 
I. Public Participation 
We encourage you to participate in 
this rulemaking by submitting comments and related materials. We will consider all comments and materials received during the comment period. 
If you submit a comment, identify the 
agency name and the Docket ID for this rulemaking, indicate the specific section of this document to which each comment applies, and give the reason for each comment. All submissions will be posted, without change, to the Federal e-Rulemaking Portal at www.regulations.gov, and will include 
any personal information you provide. Therefore, submitting this information makes it public. For more about privacy and the docket, visit https://www.regulations.gov/ document?D=DHS-2018-0029-0001. 
Viewing comments and documents: 
For access to the docket to read background documents or comments 
received, go to the Federal e- Rulemaking Portal at http://www.regulations.gov. 
II. Background A. The Public Assistance Program 
Under the Public Assistance (PA) 
Program, authorized by the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act
1(Stafford Act), FEMA 
awards grants to eligible applicants to assist them in responding to and recovering from Presidentially-declared emergencies and major disasters. The recipient, as defined at 44 CFR 206.201(m), is the government to which a grant is awarded, and which is accountable for the use of the funds provided. Generally, the State for which the emergency or major disaster is declared is the recipient. The recipient can also be an Indian Tribal government. The applicant, as defined at 44 CFR 206.201(a), is a State agency, local government, or eligible private nonprofit organization submitting an application to the recipient for assistance under the recipient’s grant. 
The PA Program provides Federal 
funds for debris removal, emergency protective measures, and permanent restoration of infrastructure. When the President issues an emergency or major disaster declaration authorizing PA FEMA may accept applications from eligible applicants under the PA Program. To apply for a grant under the PA Program, the eligible applicant must submit a Request for PA to FEMA through the recipient. Upon award, the recipient notifies the applicant of the award, and the applicant becomes a subrecipient. 
FEMA uses Project Worksheets (PWs) 
to administer the PA Program. A FEMA 
Project Specialist develops PWs for large projects, working with a recipient representative and the applicant. A PW is the primary form used to document the location, damage description and dimensions, scope of work, and cost estimate for a project. Although large projects are funded on documented actual costs, work typically is not complete at the time of project formulation, PW development, and approval. Therefore, FEMA obligates large project grants based on estimated costs and relies on financial reconciliation at project closeout for final costs. 
The obligation process is the process 
by which FEMA makes funds available to the recipient. The funds reside in a 
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