[Federal Register: September 19, 2003 (Volume 68, Number 182)]
[Rules and Regulations]
[Page 54955-54960]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19se03-27]
[[Page 54955]]
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Part III
Environmental Protection Agency
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40 CFR Part 94
Control of Emissions From New Marine Diesel Engines; Direct Final Rule
and Proposed Rule
[[Page 54956]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 94
[AMS-FRL-7561-4]
Control of Emissions From New Marine Diesel Engines
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: This direct final 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 final rule restores that regulatory text.
DATES: This direct final rule is effective on November 3, 2003 without
further notice, unless we receive adverse comments by October 20, 2003
or receive a request for a public hearing by October 6, 2003. If we
receive any adverse comments on 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 will not take effect.
ADDRESSES: Comments: All comments and materials relevant to this action
should be submitted to Public Docket No. OAR-2003-00046.
Docket: 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.
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
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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?
1. Docket. EPA has established an official public docket for this
action under Air Docket Number OAR-2003-0046. The official public
docket consists of the documents specifically referenced in this
action, any public comments received, and other information related to
this action. Although a part of the official docket, the public docket
does not include Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. The official
public docket is the collection of materials that is available for
public viewing at the Air Docket in the EPA Docket Center, (EPA/DC) EPA
West, Room B102, 1301 Constitution Ave., 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, excluding legal holidays. The telephone number
for the Public Reading Room is (202) 566-1744, and the telephone number
for the Air Docket is (202) 566-1742.
2. Electronic Access. This direct final rule is available
electronically from the EPA Internet Web site. This service is free of
charge, except for any cost incurred for internet connectivity. The
electronic version of this final rule is made available on the date of
publication on the primary web site listed below. The EPA Office of
Transportation and Air Quality also publishes Federal Register notices
and related documents on the secondary web site listed below.
1. http://www.epa.gov/docs/fedrgstr/EPA-AIR (either select desired date
or use Search features).
2. http://www.epa.gov/otaq (look in What's New or under the specific
rulemaking topic)
Please note that due to differences between the software used to
develop the documents and the software into which the document may be
downloaded, format changes may occur.
C. How and to Whom Do I Submit Comments?
You may summit comments on this direct final rule as described in
this section. You should note that we are also publishing a notice of
proposed rulemaking in the ``Proposed Rules'' section of today's
Federal Register, which matches the substance of this direct final
rule. Your comments on this direct final will be considered to also be
applicable to that notice of proposed rulemaking. If we receive any
adverse comments on 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
will not take effect. We will then take final action to correct the
regulatory text in a final rule based on the accompanying proposal. We
will not institute a second comment period.
You may submit comments electronically, by mail, by facsimile, or
through hand delivery/courier. To ensure proper receipt by EPA,
identify the appropriate docket identification number in the subject
line on the first page of your comment. Please ensure that your
comments are submitted within the specified comment period.
[[Page 54957]]
Comments received after the close of the comment period will be marked
``late.'' EPA is not required to consider these late comments.
1. Electronically. If you submit an electronic comment as
prescribed below, EPA recommends that you include your name, mailing
address, and an e-mail address or other contact information in the body
of your comment. Also include this contact information on the outside
of any disk or CD ROM you submit, and in any cover letter accompanying
the disk or CD ROM. This ensures that you can be identified as the
submitter of the comment and allows EPA to contact you in case EPA
cannot read your comment due to technical difficulties or needs further
information on the substance of your comment. EPA's policy is that EPA
will not edit your comment, and any identifying or contact information
provided in the body of a comment will be included as part of the
comment that is placed in the official public docket, and made
available in EPA's electronic public docket. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment.
i. EPA dockets. Your use of EPA's electronic public docket to
submit comments to EPA electronically is EPA's preferred method for
receiving comments. Go directly to EPA Dockets at http://www.epa.gov/edocket
, and follow the online instructions for submitting comments.
Once in the system, select ``search,'' and then key in Docket ID No.
OAR-2003-0046. The system is an ``anonymous access'' system, which
means EPA will not know your identity, e-mail address, or other contact
information unless you provide it in the body of your comment.
ii. E-mail. Comments may be sent by electronic mail (e-mail) to a-
and-r-docket@epa.gov Attention Air Docket ID No. OAR-2003-0046. In
contrast to EPA's electronic public docket, EPA's e-mail system is not
an ``anonymous access'' system. If you send an e-mail comment directly
to the Docket without going through EPA's electronic public docket,
EPA's e-mail system automatically captures your e-mail address. E-mail
addresses that are automatically captured by EPA's e-mail system are
included as part of the comment that is placed in the official public
docket, and made available in EPA's electronic public docket.
iii. Disk or CD ROM. You may submit comments on a disk or CD ROM
that you mail to the mailing address identified in ADDRESSES above.
These electronic submissions will be accepted in WordPerfect or ASCII
file format. Avoid the use of special characters and any form of
encryption.
2. By Mail. Send two copies of your comments to: Air Docket,
Environmental Protection Agency, Mailcode: 6102T, 1200 Pennsylvania
Ave., NW., Washington, DC, 20460, Attention Docket ID No. OAR-2003-
0046.
3. By Hand Delivery or Courier. Deliver your comments to: EPA
Docket Center, Room B102, EPA West Building, 1301 Constitution Avenue,
NW., Washington, DC, Attention Air Docket ID No. OAR-2003-0046. Such
deliveries are only accepted during the Docket's normal hours of
operation as identified in Unit I.
4. By Facsimile. Fax your comments to: (202) 566-1741, Attention
Docket ID. No. OAR-2001-0011.
II. Summary of Rule
We proposed emission standards for Category 3 marine diesel engines
in 40 CFR part 94 on May 29, 2002 (67 FR 37548). Before finalizing the
Category 3 emission standards, we promulgated emission standards for
recreational marine diesel engines in 40 CFR part 94 (67 FR 68242,
November 8, 2002).
We adopted final emission standards for Category 3 marine diesel
engines on February 28, 2003 (68 FR 9746). These changes to 40 CFR part
94 inadvertently supplanted some of the provisions we had recently
established for recreational marine diesel engines in November 2002.
This rule would correct those errors; these corrections are intended
merely to restore the regulatory text we originally adopted under each
program, as follows:
[sbull] 40 CFR 94.8(a): Restoring the text describing the emission
standards for recreational marine diesel engines to Table A-1.
[sbull] 40 CFR 94.8(e): Restoring the text describing the not-to-
exceed standards for recreational marine diesel engines.
[sbull] 40 CFR 94.9(a): Restoring the text describing the useful-
life values for recreational marine diesel engines.
[sbull] 40 CFR 94.12(h): Renumbering the provisions regarding
flexibility for small-volume boat builders.
In addition, this rule corrects several typographical errors that
do not affect the substance of the regulations:
[sbull] 40 CFR 94.2: Renumbering the paragraph designations under
the definition for ``New vessel.''
[sbull] 40 CFR 94.8(e): Removing the model year for Tier 2
standards for Category 3 engines, consistent with Sec. 94.8(a)(2)(ii).
[sbull] 40 CFR 94.9(a)(1)(iv): Adding the word ``engines'' to
complete the sentence describing useful life values for Category 3
engines.
Because EPA views the provisions of the action as noncontroversial
and does not expect adverse comment, it is appropriate to proceed by
direct final rulemaking.
If we receive adverse comment on one or more distinct amendments,
paragraphs, or sections of this rulemaking, we will publish a timely
withdrawal in the Federal Register indicating which provisions will
become effective and which provisions are being withdrawn due to
adverse comment. Any distinct amendment, paragraph, or section of
today's rulemaking for which we do not receive adverse comment will
become effective on the date set out above, notwithstanding any adverse
comment on any other distinct amendment, paragraph, or section of
today's rule.
III. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866 the Agency must determine whether the
regulatory action is ``significant'' and therefore subject to review by
the Office of Management and Budget (OMB) and the requirements of this
Executive Order. The Executive Order defines a ``significant regulatory
action'' as any regulatory action that is likely to result in a rule
that may:
[sbull] Have an annual effect on the economy of $100 million or
more or adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, Local, or Tribal governments or
communities;
[sbull] Create a serious inconsistency or otherwise interfere with
an action taken or planned by another agency;
[sbull] Materially alter the budgetary impact of entitlements,
grants, user fees, or loan programs, or the rights and obligations of
recipients thereof; or
[sbull] Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
This direct final rule is not a significant regulatory action 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. There are no new costs associated with this rule. A Final
Regulatory Support Document was prepared in connection with the
original regulations for
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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.
B. Paperwork Reduction Act
This direct final 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. (EPA 1897.04; OMB control number 2060-0460). We published
notice of OMB's approval on February 28, 2003 (68 FR 9778).
C. Regulatory Flexibility Act
EPA has determined that it is not necessary to prepare a regulatory
flexibility analysis in connection with this direct final rule. EPA has
also determined that this rule will not have a significant economic
impact on a substantial number of small entities. For purposes of
assessing the impacts of this final rule on small entities, a small
entity is defined as: (1) A small business that meet 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. This
direct final 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.
Prior to proposing the original recreational marine diesel
rulemaking on November 8, 2002, EPA conducted outreach to small
entities and convened a Small Business Advocacy Review (SBAR) Panel to
obtain advice and recommendations of representatives of the small
entities that potentially would be subject to that rule's requirements
(67 FR 68331). For a full description of the Panel process, the SBAR
report, and the Initial Regulatory Flexibility Analysis (in Chapter 8
of the Draft Regulatory Support Document), refer to the docket for the
original recreational marine diesel rulemaking (Public Docket A-2000-
01) and the following internet address: http://www.epa.gov/otaq/marine.htm
.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for federal agencies to assess the
effects of their regulatory actions on state, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``federal mandates'' that
may result in expenditures to state, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
one year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective, or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective, or least burdensome alternative if the
Administrator publishes with the final rule an explanation of why such
an alternative was adopted.
Before EPA establishes any regulatory requirements that may
significantly or uniquely affect small governments, including tribal
governments, it must have developed under section 203 of the UMRA a
small government agency plan. The plan must provide for notifying
potentially affected small governments, enabling officials of affected
small governments to have meaningful and timely input in the
development of EPA regulatory proposals with significant federal
intergovernmental mandates, and informing, educating, and advising
small governments on compliance with the regulatory requirements.
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 direct final
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.
E. Executive Order 13132: Federalism
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' are defined in the
Executive Order to include regulations that 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.''
Under Section 6 of Executive Order 13132, EPA may not issue a
regulation that has federalism implications, that imposes substantial
direct compliance costs, and that is not required by statute, unless
the Federal government provides the funds necessary to pay the direct
compliance costs incurred by State and local governments, or EPA
consults with State and local officials early in the process of
developing the regulation. EPA also may not issue a regulation that has
federalism implications and that preempts State law, unless the Agency
consults with State and local officials early in the process of
developing the regulation.
Section 4 of the Executive Order contains additional requirements
for rules that preempt State or local law, even if those rules do not
have federalism implications (i.e., the rules 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). Those
requirements include providing all affected State and local officials
notice and an opportunity for appropriate participation in the
development of the regulation. If the preemption is not based on
express or implied statutory authority, EPA also must consult, to the
extent practicable, with appropriate State and local officials
regarding the conflict between State law and
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Federally protected interests within the agency's area of regulatory
responsibility.
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 direct final 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.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (59 FR 22951, November 6, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' ``Policies that have tribal
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects on one or more Indian tribes, on
the relationship between the Federal government and the Indian tribes,
or on the distribution of power and responsibilities between the
Federal government and Indian tribes.''
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 direct final 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.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
Executive Order 13045, ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997) applies
to any rule that (1) is determined to be ``economically significant''
as defined under Executive Order 12866, and (2) concerns an
environmental health or safety risk that EPA has reason to believe may
have a disproportionate effect on children. If the regulatory action
meets both criteria, section 5-501 of the Order directs the Agency to
evaluate the environmental health or safety effects of the planned rule
on children, and explain why the planned regulation is preferable to
other potentially effective and reasonably feasible alternatives
considered by the Agency.
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.
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
direct final 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
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, section 12(d) (15 U.S.C.
272 note) directs EPA to use voluntary consensus standards in its
regulatory activities unless doing so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (such as materials specifications, test
methods, sampling procedures, and business practices) that are
developed or adopted by voluntary consensus standards bodies. NTTAA
directs EPA to provide Congress, through OMB, explanations when the
Agency decides not to use available and applicable voluntary consensus
standards.
This direct final 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.
J. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as amended by
the Small Business Regulatory Enforcement Fairness Act of 1996,
generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to Congress and the Comptroller General of the United
States. We will submit a report containing this rule and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States before publication of the
rule in the Federal Register. A major rule cannot take effect until 60
days after it is published in the Federal Register. This action is not
a ``major rule'' as defined by 5 U.S.C. 804(2). This direct final rule
is effective on November 3, 2003.
K. 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,
Penalties, Reporting and recordkeeping requirements, Vessels,
Warranties.
Dated: September 12, 2003.
Marianne Lamont Horinko,
Acting Administrator.
0
For the reasons set out in the preamble, title 40, chapter I of the
Code of Federal Regulations is amended as set forth below.
[[Page 54960]]
PART 94--CONTROL OF EMISSIONS FROM MARINE COMPRESSION-IGNITION
ENGINES
0
1. The authority citation for part 94 continues to read as follows:
Authority: 42 U.S.C. 7522, 7523, 7524, 7525, 7541, 7542, 7543,
7545, 7547, 7549, 7550 and 7601(a).
Subpart A--[Amended]
0
2. Section 94.2 is amended by redesignating paragraphs (1)(iii)(A)(2)
and (3) of the definition of ``New vessel'' as paragraphs (1)(iii)(B)
and (C).
0
3. Section 94.8 is amended by revising Table A-1 in paragraph (a)(2)(i)
and paragraph (e) to read as follows:
Sec. 94.8 Exhaust emission standards.
(a) * * *
(2) (i) * * *
Table A-1.--Primary Tier 2 Exhaust Emission Standards (g/kW-hr)
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Model year THC+NOX g/
Engine Size liters/cylinder, rated power Category \a\ kW-hr CO g/kW-hr PM g/kW-hr
--------------------------------------------------------------------------------------------------------------------------------------------------------
disp. <0.9 and power =37 kW..... Category 1, Commercial................................. 2005 7.5 5.0 0.40
Category 1, Recreational............................... 2007 7.5 5.0 0.40
0.9 <= disp. <1.2 all power levels......... Category 1, Commercial................................. 2004 7.2 5.0 0.30
Category 1, Recreational............................... 2006 7.2 5.0 0.30
1.2 <= disp. <2.5 all power levels......... Category 1, Commercial................................. 2004 7.2 5.0 0.20
Category 1, Recreational............................... 2006 7.2 5.0 0.20
2.5 <= disp. <5.0 all power levels......... Category 1, Commercial................................. 2007 7.2 5.0 0.20
Category 1, Recreational............................... 2009 7.2 5.0 0.20
5.0 <= disp. <15.0 all power levels........ Category 2............................................. 2007 7.8 5.0 0.27
15.0 <= disp. <20.0 power <3300 kW......... Category 2............................................. 2007 8.7 5.0 0.50
15.0 <= disp. <20.0 power =3300 Category 2............................................. 2007 9.8 5.0 0.50
kW.
20.0 <= disp. <25.0 all power levels....... Category 2............................................. 2007 9.8 5.0 0.50
25.0 <= disp. <30.0 all power levels....... Category 2............................................. 2007 11.0 5.0 0.50
disp. =30.0 all power levels.... Category 3............................................. See paragraph (a)(2)(ii) of this section
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\a\ The model years listed indicate the model years for which the specified standards start.
* * * * *
(e) Exhaust emissions from Category 1 and Category 2 propulsion
engines subject to the standards (or FELs) in paragraph (a), (c), or
(f) of this section shall not exceed:
(1) Commercial marine engines. (i) 1.20 times the applicable
standards (or FELs) when tested in accordance with the supplemental
test procedures specified in Sec. 94.106 at loads greater than or
equal to 45 percent of the maximum power at rated speed or 1.50 times
the applicable standards (or FELs) at loads less than 45 percent of the
maximum power at rated speed.
(ii) As an option, the manufacturer may choose to comply with
limits of 1.25 times the applicable standards (or FELs) when tested
over the whole power range in accordance with the supplemental test
procedures specified in Sec. 94.106, instead of the limits in
paragraph (e)(1)(i) of this section.
(2) Recreational marine engines. (i) 1.20 times the applicable
standards (or FELs) when tested in accordance with the supplemental
test procedures specified in Sec. 94.106 at loads greater than or
equal to 45 percent of the maximum power at rated speed and speeds less
than 95 percent of maximum test speed, or 1.50 times the applicable
standards (or FELs) at loads less than 45 percent of the maximum power
at rated speed, or 1.50 times the applicable standards (or FELs) at any
loads for speeds greater than or equal to 95 percent of the maximum
test speed.
(ii) As an option, the manufacturer may choose to comply with
limits of 1.25 times the applicable standards (or FELs) when tested
over the whole power range in accordance with the supplemental test
procedures specified in Sec. 94.106, instead of the limits in
paragraph (e)(2)(i) of this section.
* * * * *
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4. Section 94.9 is amended by revising paragraph (a)(1) to read as
follows:
Sec. 94.9 Compliance with emission standards.
(a) * * *
(1) The minimum useful life is:
(i) 10 years or 1,000 hours of operation for recreational Category
1 engines.
(ii) 10 years or 10,000 hours of operation for commercial Category
1 engines.
(iii) 10 years or 20,000 hours of operation for Category 2 engines.
(iv) 3 years or 10,000 hours of operation for Category 3 engines.
* * * * *
Sec. 94.12 [Amended]
0
5. Section 94.12 is amended by redesignating paragraph (f) as paragraph
(h) and reserving paragraph (f).
[FR Doc. 03-23848 Filed 9-18-03; 8:45 am]
BILLING CODE 6560-50-P