Change in Deadline for Rulemaking To Address the Control of
Emissions From New Marine Compression-Ignition Engines at or Above 30
Liters Per Cylinder
[Federal Register: April 27, 2007 (Volume 72, Number 81)]
[Rules and Regulations]
[Page 20948-20952]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27ap07-7]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 94
[EPA-HQ-OAR-2007-0120; FRL-8306-7]
RIN 2060-A026
Change in Deadline for Rulemaking To Address the Control of
Emissions From New Marine Compression-Ignition Engines at or Above 30
Liters Per Cylinder
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct Final Rule.
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SUMMARY: A January 2003 final rule established the first U.S. emission
standards for new compression-ignition Category 3 marine engines, those
with a displacement at or above 30 liters per cylinder displacement. It
also established a deadline of April 27, 2007 for EPA to promulgate a
new tier of emission standards for these engines as determined
appropriate under Clean Air Act (CAA) section 213(a). This rulemaking
schedule was intended to allow EPA time to consider the state of
technology that may permit deeper emission reductions and the status of
international action for more stringent standards. Since 2003, we have
continued to gain a greater understanding of the technical issues
described in the final rule and to assess the continuing efforts of
manufacturers to apply advanced emission control technologies to these
very large engines, through ongoing discussions with various
stakeholders. In addition, we have continued to work with and through
the International Maritime Organization (IMO) toward more stringent
international emission standards that would apply to all new marine
diesel engines on ships engaged in international transportation. IMO is
an important forum for EPA to gather new information and data regarding
emission control technologies, costs, and other information on Category
3 engines and vessels. IMO is also important because the majority of
ships used in international commerce are flagged in other nations. Due
to the length of time necessary to assess advanced emission control
technologies much of the information that we believe is necessary to
develop more stringent Category 3 marine diesel engines standards has
only become available recently and we expect more information to come
to light in the course of the current negotiations underway at the IMO.
Therefore, EPA is adopting a new deadline for the rulemaking that will
consider the next tier of Category 3 marine diesel engine standards.
Under this new schedule, EPA would adopt a final rule by December 17, 2009.
DATES: This rule is effective on June 26, 2007 without further notice,
unless EPA receives adverse comment by May 29, 2007 or a request for a
public hearing by May 17, 2007. If a hearing is requested by this date,
it will be held at a time and place to be published in the Federal
Register. After the hearing, the docket for this rulemaking will remain
open for an additional 30 days to receive comments. If a hearing is
held, EPA will publish a document in the Federal Register extending the
comment period for 30 days after the hearing. If EPA receives adverse
comments or a request for public hearing, it will publish a timely
withdrawal of the direct final rule in the Federal Register and inform
the public that the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2007-0120, by one of the following methods:
? http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
? E-mail: a-and-r-docket@epa.gov
? Fax: (202) 566-1741
? Mail: Environmental Protection Agency, Mail Code: 6102T,
1200 Pennsylvania Ave., NW., Washington, DC 20460. Please include two
copies.
? Hand Delivery: EPA Docket Center (Air Docket), U.S.
Environmental Protection Agency, EPA West Building, 1301 Constitution
Avenue, NW., Room: 3334 Mail Code: 6102T, Washington, DC. Such
deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2007-0120. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov
or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. 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. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at
http://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket are listed in the
http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the EPA Docket Center,
EPA/DC, EPA West, Room 3334, 1301 Constitution Avenue, NW., Washington,
DC. The 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.
Public Hearing: To request a public hearing, contact Mike Samulski
at (734) 214-4532 or samulski.michael@epa.gov. If a public hearing is
held, persons wishing to testify must submit copies of their testimony
to the docket and to Mike Samulski at the address below, no later than
10 days prior to the hearing.
FOR FURTHER INFORMATION CONTACT: Michael Samulski, Assessment and
Standards Division, Office of
[[Page 20949]]
Transportation and Air Quality, 2000 Traverwood Drive, Ann Arbor, MI
48105; telephone number: (734) 214-4532; fax number: (734) 214-4050; e-
mail address: samulski.michael@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Why Is EPA Using a Direct Final Rule?
EPA is publishing this as a direct final rule because we view this
as a relatively noncontroversial action. Based on what we have learned
in our consultations over the past several years, we do not believe
that this extension will delay the achievement of further emission
reductions from Category 3 marine engines beyond what could potentially
have been achieved and creates the opportunity for the development and
implementation of a more effective program for the longer term.
However, in the ``Proposed Rules'' section of today's Federal Register,
we are publishing a separate document that will serve as the proposed
rule to consider adoption of the provisions in this direct final rule
if adverse comments or a request for a public hearing are received on
this action. We will not institute a second comment period on this
action. Any parties interested in commenting must do so at this time.
For further information about commenting on this rule, see the
ADDRESSES section of this document.
If EPA receives adverse comment or a request for a public hearing,
we will publish a timely withdrawal in the Federal Register informing
the public that this direct final rule will not take effect. We would
address all public comments in any subsequent final rule based on the
proposed rule.
II. Does This Action Apply to Me?
This action will affect companies 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. This action may also affect companies and persons
that rebuild or maintain these engines. Affected categories and
entities include the following:
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Examples of potentially
Category NAICS code \a\ affected entities
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Industry....................... 333618 Manufacturers of new
marine diesel engines.
Industry....................... 336611 Manufacturers of marine
vessels.
Industry....................... 811310 Engine repair and
maintenance.
Industry....................... 483 Water transportation,
freight and passenger.
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\a\ North American Industry Classification System (NAICS).
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated 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.
III. What Should I Consider as I Prepare My Comments for EPA?
A. Submitting CBI. Do not submit Confidential Business Information
(CBI) to EPA through http://www.regulations.gov or e-mail. Clearly mark
the part or all of the information that you claim to be CBI. For CBI
information in a disk or CD ROM that you mail to EPA, mark the outside
of the disk or CD ROM as CBI and then identify electronically within
the disk or CD ROM the specific information that is claimed as CBI. In
addition to one complete version of the comment that includes
information claimed as CBI, a copy of the comment that does not contain
the information claimed as CBI must be submitted for inclusion in the
public docket. Information so marked will not be disclosed except in
accordance with procedures set forth in 40 CFR part 2.
B. Tips for Preparing Your Comments. When submitting comments,
remember to:
? Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
? Follow directions--The agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
? Explain why you agree or disagree; suggest alternatives
and substitute language for your requested changes.
? Describe any assumptions and provide any technical
information and/or data that you used.
? If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
? Provide specific examples to illustrate your concerns, and
suggest alternatives.
? Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
? Make sure to submit your comments by the comment period
deadline identified.
IV. Summary of Rule
In January 2003, we adopted standards for new Category 3
compression-ignition marine engines, at or above 30 liters per cylinder
displacement.\1\ The program we adopted reflected a two-part approach.
EPA evaluated the emissions control potential from various kinds of
technology, alone or in combination, including (1) the in-cylinder
controls currently used on new marine engines to meet the international
consensus NOX standards contained in the International
Convention for the Prevention of Pollution from Ships (MARPOL Annex
VI); (2) additional use and optimization of these controls; and (3)
more advanced technologies such as SCR and water injection, EPA
concluded that it would not be appropriate to adopt long-term
technology forcing standards in that rulemaking. Instead, we set a
near-term standard effective in 2004 that is equivalent to the MARPOL
Annex VI oxides of nitrogen (NOX) standard and can be
achieved through existing emissions control technology. We also
committed to a subsequent rulemaking that would review the Tier 1 near-
term standards and if appropriate revise them with a deadline to
complete that rulemaking by April 27, 2007. That rulemaking schedule
was intended to allow us additional time to consider the state of
technology that may permit deeper reductions and the status of
international action for more stringent standards. We also stated we
would consider an additional tier of standards
[[Page 20950]]
based on this assessment of technological feasibility and other factors
and consider the application of these standards to foreign-flagged
vessels that enter U.S. ports.
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\1\ ``Control of Emissions from New Marine Compression-Ignition
Engines at or Above 30 Liters Per Cylinder; Final Rule,'' 68 FR 9746,
February 28, 2003.
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In assessing the potential of advance emission control technologies
we concluded that while further reductions could be achieved if a
longer lead time were allowed, a variety of technical reasons made it
more appropriate to defer final action on such longer-term standards to
a second rulemaking. An additional reason supporting this two-tier
approach was to facilitate international negotiations over the next
round of reductions that could be implemented under Annex VI, which in
turn could facilitate EPA's regulatory program to reduce emissions from
Category 3 marine diesel engines. IMO is an important forum for EPA to
gather new information and data regarding emission control technology,
costs, and other information. The opportunity at IMO for stringent
international standards is also important because the vast majority of
vessels with Category 3 marine diesel engines that enter U.S. waters
are flagged outside the United States. We are engaged in the IMO
negotiations with the understanding that adopting appropriate
international standards would be the most efficient mechanism to
control emissions from U.S. and foreign flagged vessels.
In the past few years, new information has become available
regarding the effectiveness of advance emission control technologies on
Category 3 engines which will assist us in developing new standards. In
addition, the IMO has only recently begun negotiations for a new tier
of international standards. EPA is actively engaged in these
negotiations as a member of the United States delegation, and the
United States recently submitted a proposal to IMO that describes a
framework for emission limits that, if enacted, could achieve
significant reductions in NOX, particulate matter (PM), and
oxides of sulfur (SOX) emissions from marine vessels.\2\ We
expect this framework to form the basis of our domestic rulemaking
proposal. We are developing an Advance Notice of Proposed Rulemaking
under section 213 of the Clean Air Act which describes EPA's current
thinking with regard to potential new requirements for Category 3
marine powered vessels and identifies and discusses a number of
important issues upon which we will seek comment. We expect to issue
the Advanced Notice within the next few months.
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\2\ ``Revision of MARPOL Annex VI, The NOX Technical
Code and Related Guidelines; Development of Standards for
NOX, PM, and SOX,'' submitted by the United
States to the Sub-Committee on Bulk Liquids and Gases, 11th Session, 2007.
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In recognition of the current situation, EPA is taking this action
to establish a new rulemaking deadline that will facilitate our ability
to achieve this objective as part of the international process and
through the adoption of the same requirements through an EPA
rulemaking. Today's action will establish a new rulemaking deadline of
December 17, 2009 for a final rule addressing additional emission
standards for Category 3 marine engines that we determine are
appropriate under section 213(a)(3).
Concurrent with conducting a rulemaking under CAA section 213(a)
for Category 3 marine powered vessels, we will continue to promote more
stringent standards at IMO and encourage the IMO to adopt emission
controls for Category 3 marine powered vessels that seek to
aggressively reduce the impact of marine ships on air quality.
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
This action is not a ``significant regulatory action'' under the
terms of Executive Order (EO) 12866 (58 FR 51735, October 4, 1993) and
is therefore not subject to review under the EO. This direct final rule
merely changes the regulatory schedule for a rulemaking to address
emissions from Category 3 marine engines. There are no new costs
associated with this rule.
B. Paperwork Reduction Act
This action does not impose any new information collection burden.
This direct final rule merely changes the regulatory schedule for a
rulemaking to address emissions from Category 3 marine engines.
However, the Office of Management and Budget (OMB) has previously
approved the information collection requirements contained in the
existing regulations [40 CFR 94]
under the provisions of the Paperwork
Reduction Act, 44 U.S.C. 3501 et seq. and has assigned OMB control
number 2060-0287, EPA ICR number 1684.08. A copy of the OMB approved
Information Collection Request (ICR) may be obtained from Susan Auby,
Collection Strategies Division; U.S. Environmental Protection Agency
(2822T); 1200 Pennsylvania Ave., NW., Washington, DC 20460 or by
calling (202) 566-1672.
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
An agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (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 final rule on small
entities, a small entity is defined as: (1) A small business that meets
the definition for business based on SBA size standards at 13 CFR
121.201; (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 final rule on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. In
determining whether a rule has a significant economic impact on a
substantial number of small entities, the impact of concern is any
significant adverse economic impact on small entities, since the
primary purpose of the regulatory flexibility analyses is to identify
and address regulatory alternatives ``which minimize any significant
economic impact of the rule
[[Page 20951]]
on small entities.'' 5 U.S.C. 603 and 604. Thus, 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, or otherwise has a positive economic effect on all of the small
entities subject to the rule.
This direct final rule merely changes the regulatory schedule for a
rulemaking to address emissions from Category 3 marine engines. We have
therefore concluded that today's final rule will relieve regulatory
burden for all affected small entities.
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 to
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, tribal
governments, or the private sector as defined by the provisions of
Title II of the UMRA. The rule imposes no enforceable duties on any of
these governmental entities. This rule contains no regulatory
requirements that 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
changes the regulatory schedule for a rulemaking to address emissions
from Category 3 marine engines. This rule is not subject to the
requirements of sections 202 and 205 of UMRA.
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 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
changes the regulatory schedule for a rulemaking to address emissions
from Category 3 marine engines. Thus, Executive Order 1312 does not
apply to this rule.
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 changes the regulatory schedule for a rulemaking to address
emissions from Category 3 marine engines. Thus, Executive Order 13175
does not apply to this rule.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
Executive Order 13045, ``Protection of Children From Environmental
Health
[[Page 20952]]
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 as defined in EO 12866, and because the Agency
does not have reason to believe the environmental health or safety
risks addressed by this action present a disproportionate risk to
children. This direct final rule merely changes the regulatory schedule
for a rulemaking to address emissions from Category 3 marine engines.
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 changes the regulatory schedule for a
rulemaking to address emissions from Category 3 marine engines.
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. This
direct final rule merely changes the regulatory schedule for a
rulemaking to address emissions from Category 3 marine engines.
Therefore, EPA did not consider the use of any voluntary consensus
standards.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order (EO) 12898 (59 FR 7629 (Feb. 16, 1994)) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
EPA has determined that this rule will not have disproportionately
high and adverse human health or environmental effects on minority or
low-income populations because it does not affect the level of
protection provided to human health or the environment. This direct
final rule merely changes the regulatory schedule for a rulemaking to
address emissions from Category 3 marine engines.
K. 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 June 26, 2007.
L. Statutory Authority
The statutory authority for this action comes from section 213 of
the Clean Air Act as amended (42 U.S.C. 7547). This action is a
rulemaking subject to the provisions of Clean Air Act section 307(d).
See 42 U.S.C. 7607(d).
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: April 23, 2007.
Stephen L. Johnson,
Administrator.
? For the reasons set out in the preamble, title 40, chapter I of the
Code of Federal Regulations is amended as follows:
PART 94--CONTROL OF AIR POLLUTION FROM MARINE COMPRESSION-IGNITION EMISSIONS
? 1. The authority citation for part 94 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
? 2. Section 94.8 is amended by revising paragraph (a)(2)(ii) to read as
follows:
Sec. 94.8 Exhaust emission standards.
(a) * * *
(2) * * *
(ii) EPA has not finalized Tier 2 standards for Category 3 engines.
EPA will promulgate final Tier 2 standards for Category 3 engines on or
before December 17, 2009.
* * * * *
[FR Doc. E7-8105 Filed 4-26-07; 8:45 am]
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