Control of Emissions From New Marine Diesel Engines
[Federal Register: September 19, 2003 (Volume 68, Number 182)]
[Proposed Rules]
[Page 54961-54963]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19se03-41]
[[Page 54961]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 94
[AMS-FRL-7561-3]
Control of Emissions From New Marine Diesel Engines
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed rulemaking.
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SUMMARY: This proposed rule restores certain regulatory text that was
adopted for recreational marine diesel engines on November 8, 2002 and
corrects several typographical errors that do not affect the substance
of the regulations. On February 28, 2003, we promulgated a final rule
for Category 3 marine diesel engines. In doing so, we inadvertently
supplanted some sections of the regulatory text that were adopted in
the November 8, 2002 final rule for recreational marine diesel engines.
This notice proposes to restore that regulatory text.
We are publishing in the ``Rules and Regulations'' section of
today's Federal Register a direct final rule that will replace the
recreational marine diesel text and correct the typographical errors
without further EPA action unless we receive adverse comment. We have
explained our reasons for today's action in detail in the preamble to
the direct final rule. If we receive adverse comment, we will withdraw
the direct final rule prior to its effective date, and will address all
public comments in a subsequent final rule based on this proposed rule.
We will not institute a second comment period on this action. Any
parties interested in commenting must do so at this time.
DATES: Written comments must be received by October 20, 2003. Request
for a public hearing must be received by October 6, 2003. If we receive
a request for a public hearing, we will publish information related to
the timing and location of the hearing and the timing of a new deadline
for public comments.
ADDRESSES: Comments: All comments and materials relevant to this action
should be submitted to Public Docket No. A-2001-11 by the date
indicated under DATES above. Materials relevant to this rulemaking are
in Public Dockets A-2000-01 and A-2001-11 at the following address: EPA
Docket Center (EPA/DC), Public Reading Room, Room B102, EPA West
Building, 1301 Constitution Avenue, NW., Washington, DC. The EPA Docket
Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday
through Friday, except on government holidays. You can reach the Air
Docket by telephone at (202) 566-1742 and by facsimile at (202) 566-
1741. You may be charged a reasonable fee for photocopying docket
materials, as provided in 40 CFR part 2.
Comments may also be submitted electronically, by facsimile, or
through hand delivery/courier. Follow the detailed instructions as
provided in the SUPPLEMENTARY INFORMATION section.
FOR FURTHER INFORMATION CONTACT: Alan Stout, Assessment and Standards
Division, e-mail stout.alan@epa.gov, voice-mail (734) 214-4636.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Regulated Entities
This action will affect companies and persons that manufacture,
sell, or import into the United States new marine compression-ignition
engines for use on vessels flagged or registered in the United States;
companies and persons that make vessels that will be flagged or
registered in the United States and that use such engines; and the
owners or operators of such U.S. vessels. Affected categories and
entities include the following:
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NAICS Code
Category a Examples of potentially affected entities
----------------------------------------------------------------------------------------------------------------
Industry........................... 333618 Manufacturers of new marine diesel engines.
Industry........................... 336611 Manufacturers of marine vessels.
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a North American Industry Classification System (NAICS)
This list is not intended to be exhaustive, but rather provides a
guide regarding entities likely to be affected by this action. To
determine whether particular activities may be affected by this action,
you should carefully examine the regulations. You may direct questions
regarding the applicability of this action as noted in FOR FURTHER
INFORMATION CONTACT.
B. How Can I Get Copies of This Document and Send Comments?
See the direct final rule EPA has published in the ``Rules and
Regulations'' section of today's Federal Register for information about
accessing these documents. The direct final rule also includes detailed
instructions for sending comments to EPA.
II. Summary of Rule
This rule merely restores previously adopted regulatory text in 40
CFR part 94, related to the regulation of recreational marine diesel
engines, that was inadvertently supplanted by a subsequent rule. It
also corrects several typographical errors, related to the regulation
of recreational marine diesel and Category 3 marine diesel engines,
that do not affect the substance of the regulations. For additional
discussion of these 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.
III. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
Because this rule merely restores previously adopted regulatory
text that was inadvertently supplanted by a subsequent rule and
corrects several typographical errors that do not affect the substance
of the regulations, it is not a significant regulatory action and is
not subject to the requirements of Executive Order 12866. There are no
new costs associated with this rule. A Final Regulatory Support
Document was prepared in connection with the original regulations for
recreational marine diesel engines as promulgated on November 8, 2002
(67 FR 68242) and we have no reason to believe that our analysis in the
original rulemaking is inadequate. The relevant analysis is available
in the docket for the November 8, 2002 rulemaking (A-2000-01) and at
the following internet address: http://www.epa.gov/otaq/marine.htm. The
original action was submitted to the Office of Management and Budget
for review under Executive Order 12866. See the direct final rule EPA
has published in the ``Rules and Regulations'' section of today's
Federal Register for a more extensive discussion of Executive Order
12866.
[[Page 54962]]
B. Paperwork Reduction Act
This rule does not include any new collection requirements, as it
merely restores previously adopted regulatory text that was
inadvertently supplanted by a subsequent rule and corrects several
typographical errors that do not affect the substance of the
regulations. The information collection requirements (ICR) for the
original recreational marine diesel rulemaking (67 FR 68242, November
8, 2002) were approved on January 31, 2003 by the Office of Management
and Budget (OMB) under the Paperwork Reduction Act, 44 U.S.C. 3501 et
seq. We published notice of OMB's approval on February 28, 2003 (68 FR
9778).
C. Regulatory Flexibility Act
The RFA generally requires an agency to prepare a regulatory
flexibility analysis of any rule subject to notice and comment
rulemaking requirements under the Administrative Procedure Act or any
other statute unless the agency certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
Small entities include small businesses, small organizations, and small
governmental jurisdictions.
For purposes of assessing the impacts of this rule on small
entities, a small entity is defined as: (1) A small business with fewer
than 1,000 employees, consistent with the definition for business based
on SBA size standards; (2) a small governmental jurisdiction that is a
government of a city, county, town, school district or special district
with a population of less than 50,000; and (3) a small organization
that is any not-for-profit enterprise which is independently owned and
operated and is not dominant in its field.
After considering the economic impacts of today's proposed rule on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. This
proposed rule will not impose any new requirements on small entities.
This rule merely restores previously adopted regulatory text that was
inadvertently supplanted by a subsequent rule and corrects several
typographical errors that do not affect the substance of the
regulations. See the direct final rule EPA has published in the ``Rules
and Regulations'' section of today's Federal Register for a more
extensive discussion of EPA's compliance with the Regulatory
Flexibility Act.
D. Unfunded Mandates Reform Act
This rule contains no federal mandates for state, local, or tribal
governments as defined by the provisions of Title II of the UMRA. The
rule imposes no enforceable duties on any of these governmental
entities. Nothing in the rule would significantly or uniquely affect
small governments. EPA has determined that this rule contains no
federal mandates that may result in expenditures of more than $100
million to the private sector in any single year. This rule merely
restores previously adopted regulatory text that was inadvertently
supplanted by a subsequent rule and corrects several typographical
errors that do not affect the substance of the regulations. The
requirements of UMRA therefore do not apply to this action. See the
direct final rule EPA has published in the ``Rules and Regulations''
section of today's Federal Register for a more extensive discussion of
UMRA policy.
E. Executive Order 13132: Federalism
This rule 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, as
specified in Executive Order 13132. This rule merely restores
previously adopted regulatory text that was inadvertently supplanted by
a subsequent rule and corrects several typographical errors that do not
affect the substance of the regulations. Although Section 6 of
Executive Order 13132 did not apply to the original recreational marine
diesel rule (67 FR 68242, November 8, 2002), EPA did consult with
representatives of various State and local governments in developing
that rule. EPA has also consulted representatives from STAPPA/ALAPCO,
which represents state and local air pollution officials. See the
direct final rule EPA has published in the ``Rules and Regulations''
section of today's Federal Register for a more extensive discussion of
Executive Order 13132.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This rule does not have tribal implications. It will not have
substantial direct effects on tribal governments, on the relationship
between the Federal government and Indian tribes, or on the
distribution of power and responsibilities between the Federal
government and Indian tribes, as specified in Executive Order 13175.
This rule does not uniquely affect the communities of Indian Tribal
Governments. Further, no circumstances specific to such communities
exist that would cause an impact on these communities beyond those
discussed in the other sections of this rule. This rule merely restores
previously adopted regulatory text that was inadvertently supplanted by
a subsequent rule and corrects several typographical errors that do not
affect the substance of the regulations. Thus, Executive Order 13175
does not apply to this rule. See the direct final rule EPA has
published in the ``Rules and Regulations'' section of today's Federal
Register for a more extensive discussion of Executive Order 13175.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
This rule is not subject to the Executive Order because it is not
economically significant, and does not involve decisions on
environmental health or safety risks that may disproportionately affect
children. See the direct final rule EPA has published in the ``Rules
and Regulations'' section of today's Federal Register for a more
extensive discussion of Executive Order 13045.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This rule is not a ``significant energy action'' as defined in
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001) because it is not likely to have a significant
adverse effect on the supply, distribution or use of energy. This rule
merely restores previously adopted regulatory text that was
inadvertently supplanted by a subsequent rule and corrects several
typographical errors that do not affect the substance of the
regulations.
I. National Technology Transfer and Advancement Act
This rule does not involve technical standards. It merely restores
previously adopted regulatory text that was inadvertently supplanted by
a subsequent rule and corrects several typographical errors that do not
affect the substance of the regulations. Thus, we have determined that
the requirements of the NTTAA do not apply. See the direct final rule
EPA has published in the ``Rules and Regulations'' section of today's
Federal Register for a more extensive discussion of NTTAA policy.
[[Page 54963]]
J. Statutory Authority
The statutory authority for this action comes from sections 114,
213, and 301(a) of the Clean Air Act as amended (42 U.S.C. 7414, 7547,
and 7601(a)). This action is a rulemaking subject to the provisions of
Clean Air Act section 307(d). See 42 U.S.C. 7606(d)(1).
List of Subjects in 40 CFR Part 94
Environmental protection, Administrative practice and procedure,
Air pollution control, Confidential business information, Imports,
Incorporation by reference, Penalties, Reporting and recordkeeping
requirements, Vessels, Warranties.
Dated: September 12, 2003.
Marianne Lamont Horinko,
Acting Administrator.
[FR Doc. 03-23849 Filed 9-18-03; 8:45 am]
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