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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsNovember 2013

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7 DE Admin. Code 1143
This Order considers proposed regulatory action to repeal 7 DE Admin. Code 1143: Heavy Duty Diesel Engine Standard, and correlating revision to Delaware's State Implementation Plan ("SIP"), as a result of the Department's exhaustive review of its existing regulations, pursuant to Governor Markell's Executive Order No. 36 (hereinafter referred to as "E.O. 36"). In June of 2012, Governor Markell issued E.O. 36, which directed all state agencies, including DNREC, to perform a focused review of their existing, older regulations, identify and remove regulatory hurdles, and modernize and streamline any regulations that may be outdated or unnecessarily burdensome, while maintaining the state's commitment to improving public health and environmental performance.
The Department is proposed to repeal 7 DE Admin. Code 1143: Heavy Duty Diesel Engine Standard in its entirety at this time. The provisions of this regulation apply to heavy-duty diesel engines produced for the 2005 and 2006 model years, and to new motor vehicles with a gross vehicle weight rating (GVWR) of greater than 14,000 pounds containing such engines that are sold, leased, offered for sale or lease, imported, delivered, rented acquired, or received in the State of Delaware. This regulation was developed and adopted as a backstop to a then- anticipated U.S. Environmental Protection Agency ("EPA") regulation. EPA successfully adopted standards, and thus this regulation itself is no longer needed. Additionally, once this regulatory action has been taken, the Department will also submit the repeal of 7 DE Admin. Code 1143: Heavy Duty Diesel Engine Standard to the EPA as a revision to Delaware's State Implementation Plan ("SIP").
7.) The Department shall submit this Order approving the final regulation to the Delaware Register of Regulations for publication in its next available issue, and provide such other notice as the law and regulation require and the Department determines is appropriate.
Department means the Delaware Department of Natural Resources and Environmental Control.
Division means the Delaware Division of Motor Vehicles of the Delaware Department of Transportation.
Emergency vehicle means any publicly owned and operated ambulance, lifeguard, or lifesaving equipment or any privately owned or operated vehicle which is responding to an emergency call. Any publicly owned vehicle operated by the following persons, agencies, or organizations:
Executive Order means a document issued by the California Air Resources Board (CARB) certifying that a specified engine family or model year vehicle has met all applicable Title 13 CCR (California Code of Regulations) requirements for certification and sale in California.
Heavy-duty diesel engine means a diesel engine that is used to propel a motor vehicle with a Gross Vehicle Weight Rating of 14,001 pounds or greater.
Heavy-duty motor vehicle means a motor vehicle with a Gross Vehicle Weight Rating of 14,001 pounds or greater.
Model year means the manufacturer's annual production period which includes January 1 of a calendar year or, if the manufacturer has no annual production period, the calendar year. In the case of any vehicle manufactured in two or more stages, the time of manufacture shall be the date of completion of the chassis.
New motor vehicle means a motor vehicle, the equitable or legal title to which has never been transferred to an ultimate purchaser.
New motor vehicle engine means a new engine in a motor vehicle.
Ultimate purchaser means, with respect to any new motor vehicle or new motor vehicle engine, the first person who in good faith purchases a new motor vehicle or new motor vehicle engine for purposes other than resale.
Ultra-small volume manufacturer means any manufacturer with Delaware sales less than or equal to 300 new passenger cars, light-duty trucks, medium-duty vehicles, heavy-duty vehicles, and heavy-duty engines per model year based on the average number of vehicles and engines sold by the manufacturer in the previous three consecutive model years.
Urban bus means a passenger-carrying vehicle powered by a heavy heavy-duty diesel engine, or of a type normally powered by a heavy heavy-duty diesel engine, with a load capacity of 15 or more passengers and intended primarily for intra-city operation, i.e., within the confines of a city or greater metropolitan area. Urban bus operation is characterized by short rides and frequent stops. To facilitate this type of operation, more than one set of quick-operating entrance and exit doors would normally be installed. Since fares are usually paid in cash or token, rather than purchased in advance in the form of tickets, urban buses would normally have equipment installed for the collection of fares. Urban buses are also typically characterized by the absence of equipment and facilities for long distance travel, e.g., restrooms, large luggage compartments, and facilities for stowing carry-on luggage.
CARB means the California Air Resources Board, as set out in section 39003, California Health and Safety Code (1999).
“The terms certification; diesel-cycle; emergency vehicle; engine family; heavy-duty vehicle; heavy-duty diesel engine; medium duty vehicle; military tactical vehicles and equipment; model year; urban bus; and ultimate purchaser each shall have the meaning set out in Title 13, California Code of Regulations (“CCR”) and section 165 of the California Vehicle Code.
Divisionmeans The Delaware Division of Motor Vehicles of the Delaware Department of Transportation.
Emergency vehicle means any publicly owned and operated ambulance, lifeguard, or lifesaving equipment or any privately owned or operated vehicle which is responding to an emergency call. Any publicly owned vehicle operated by the following persons, agencies, or organizations:
Heavy-duty diesel engine means a diesel engine that is used to propel a motor vehicle with a Gross Vehicle Weight Rating (GVWR) of 14,001 pounds or greater.
Heavy-duty motor vehicle means a motor vehicle with a Gross Vehicle Weight Rating of 14,001 pounds or greater
Lease means any commercial transaction recognized under the laws of this State as a means of creating a right to use a good and includes renting. It also includes offering to rent or lease.
Model year means the manufacturer's annual production period which includes January 1 of a calendar year or, if the manufacturer has no annual production period, the calendar year. In the case of any vehicle manufactured in two or more stages, the time of manufacture shall be the date of completion of the chassis.
Sell means any commercial transaction recognized under the laws of this State as a means of transferring ownership of a good and includes barter. It also includes offering for sale.
Urban bus means a passenger-carrying vehicle powered by a heavy-duty diesel engine, or of a type normally powered by a heavy-duty diesel engine, with a load capacity of 15 or more passengers and intended primarily for intra-city operation, i.e., within the confines of a city or greater metropolitan area. Urban bus operation is characterized by short rides and frequent stops. To facilitate this type of operation, more than one set of quick-operating entrance and exit doors would normally be installed. Since fares are usually paid in cash or token, rather than purchased in advance in the form of tickets, urban buses would normally have equipment installed for the collection of fares. Urban buses are also typically characterized by the absence of equipment and facilities for long distance travel, e.g., restrooms, large luggage compartments, and facilities for stowing carry-on luggage.
Last Updated: December 31 1969 19:00:00.
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