[Federal Register Volume 62, Number 63 (Wednesday, April 2, 1997)]
[Rules and Regulations]
[Pages 15806-15808]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-8380]
[[Page 15805]]
_______________________________________________________________________
Part V
Environmental Protection Agency
_______________________________________________________________________
40 CFR Part 91
Control of Air Pollution; Amendment to Emission Requirements Applicable
to New Gasoline Spark-Ignition Marine Engines; Final Rule
Federal Register / Vol. 62, No. 63 / Wednesday, April 2, 1997 / Rules
and Regulations
[[Page 15806]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 91
[FRL-5805-7]
Control of Air Pollution; Amendment to Emission Requirements
Applicable to New Gasoline Spark-Ignition Marine Engines
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: This rulemaking amends the regulations applicable to new
gasoline spark-ignition marine engines to address an oversight
regarding the production line testing program in the final regulations
published on October 4, 1996, (61 FR 52087). No air quality impact is
expected from these amendments. This amendment will allow spark-
ignition marine engine manufacturers to delay the implementation of the
production line testing program until MY 1999 for outboard engines and
until MY 2000 for personal watercraft engines.
DATES: This final rule takes effect on April 2, 1997.
ADDRESSES: For information or compliance assistance, manufacturers who
must comply with this regulation may contact the Office of Mobile
Sources, Engine Programs and Compliance Division, Engine Compliance
Programs Group (6403J), 401 M Street S.W., Washington, D.C. 20460.
Materials relevant to this rulemaking are contained in Docket
Number A-92-28 and may be reviewed at that location from 8:00 am until
5:30 pm Monday through Friday. As provided in 40 CFR Part 2, a
reasonable fee may be charged by EPA for photocopying.
FOR FURTHER INFORMATION CONTACT: James Blubaugh, Office of Mobile
Sources, Engine Programs and Compliance Division (6403J), 401 M Street
S.W., Washington, D.C. 20460, 202-233-9244.
SUPPLEMENTARY INFORMATION:
I. Regulated Entities
Entities potentially regulated by this action are those which
manufacture spark-ignition marine engines. Regulated categories and
entities include:
------------------------------------------------------------------------
Category Examples of regulated entities
------------------------------------------------------------------------
Industry........................ Manufacturers of spark ignition marine
engines.
------------------------------------------------------------------------
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. This table lists the types of entities that EPA is now aware
could potentially be regulated by this action. Other types of entities
not listed in the table could also be regulated. To determine whether
your product is regulated by this action, you should carefully examine
the applicability criteria in Sec. 91.1 of title 40 of the Code of
Federal Regulations. If you have questions regarding the applicability
of this action to a particular product, consult the person listed in
the preceding FOR FURTHER INFORMATION CONTACT section.
II. Obtaining Copies of the Regulatory Language
Electronic Copies of Rulemaking Documents: Electronic copies of the
preamble and the regulatory text of this rulemaking are available via
the Internet on the Office of Mobile Sources (OMS) Home Page (http://
www.epa.gov/OMSWWW/).
Users can find Marine Engine information and documents through the
following path once they have accessed the OMS Home Page: ``Marine
Engines.'' Electronic copies of the preamble and the regulatory text of
this rulemaking are also available on the Office of Air Quality
Planning and Standards (OAQPS) Technology Transfer Network Bulletin
Board System (TTN BBS). Users are able to access and download TTN BBS
files on their first call. After logging onto TTN BBS, to navigate
through the BBS to the files of interest, the user must enter the
appropriate command at each of a series of menus. The steps required to
access information on this rulemaking are listed below. The service is
free, except for the cost of the phone call.
TTN BBS: 919-541-5742 (1,200-14,400 bps, no parity, eight data
bits, one stop bit). Voice help: 919-541-5384. Internet address: TELNET
ttnbbs.rtpnc.epa.gov Off-line: Mondays from 8:00-12:00 Noon ET.
1. Technology Transfer Network Top Menu: GATEWAY TO TTN TECHNICAL AREAS
(Bulletin Boards)
2. TTN TECHNICAL INFORMATION AREAS: OMS--Mobile Sources Information
3. OMS BBS--MAIN MENU FILE TRANSFERS: Rulemaking & Reporting
4. RULEMAKING PACKAGES: Nonroad
5. Nonroad Rulemaking Area: File Area #2 . . . Nonroad Engines
6. Nonroad marine engines
At this stage, the system will list all available nonroad marine
engine files. To download a file, select a transfer protocol which will
match the terminal software on your computer, then set your own
software to receive the file using that same protocol.
If unfamiliar with handling compressed (i.e., ZIP'd) files, go to
the TTN top menu, System Utilities (Command: 1) for information and the
necessary program to download in order to unZIP the files of interest
after downloading to your computer. After getting the files you want
onto your computer, you can quit TTN BBS with the oodbye command.
III. Table of Contents
I. Regulated Entities
II. Obtaining Copies of the Regulatory Language
III. Table of Contents
IV. Statutory Authority and Background
A. Statutory Authority
B. Background
V. Implementation Dates for the Production Line Testing Program
A. Discussion
B. Regulatory Approach
VII. Final Action
VIII. Cost Effectiveness
IX. Administrative Requirements
A. Administrative Designation
B. Reporting and Recordkeeping Requirements
C. Impact on Small Entities
D. Submission to Congress and the General Accounting Office
E. Unfunded Mandates Act
IV. Statutory Authority and Background
A. Statutory Authority
Authority for the action in this notice is granted to EPA by
sections 206, 208, 213, and 301(a) of the Clean Air Act as amended (42
U.S.C. 7525, 7542, 7547, and 7601(a)).
B. Background
EPA promulgated final regulations applicable to gasoline spark-
ignition marine engines (marine SI engines) on July 31, 1996 (61 FR
52087, October 4, 1996).
In the Supplemental Notice of Proposed Rulemaking for the marine SI
rule (61 FR 4600, February 7, 1996), EPA proposed that the compliance
date for the production line testing program be delayed one year. The
program would become effective in model year 1999 for outboard engines
and in model year 2000 for personal watercraft engines. This would
allow marine SI engine manufacturers time to prepare their production
facilities with all of the necessary equipment and resources to comply
with the production line testing
[[Page 15807]]
requirements. Comments received from industry during the comment period
indicated their support for such a delay, and there were no adverse
comments regarding the delay. In the Summary and Analysis of Comments
Document supporting the final rule, EPA stated that the production line
testing program becomes effective in model year 1999 for outboard
engines and in model year 2000 for personal watercraft engines.
(Summary and Analysis of Comments, Emission Standards for New Gasoline
Spark-Ignition Marine Engines, June 1996). Inadvertently, this decision
was not reflected in the regulatory text.
V. Implementation Dates for the Production Line Testing Program
A. Discussion
Today's notice finalizes the provision, as intended by EPA, to
implement the production line testing program in model year 1999 for
outboard engines and in model year 2000 for personal watercraft
engines.
As indicated above, in the Supplemental Notice of Proposed
Rulemaking for the marine SI rule (61 FR 4600, February 7, 1996), EPA
proposed that the requirements for the production line testing program
become effective in model year 1999 for outboard engines and in model
year 2000 for personal watercraft engines. Comments received from
industry during the comment period indicated their support for such a
delay. There were no adverse comments regarding the delay. Today's
notice corrects an oversight and finalizes a provision, as proposed in
the SNPRM, that implements the production line testing program in model
year 1999 for outboard engines and in model year 2000 for personal
watercraft engines.
B. Regulatory approach
The Agency is implementing the desired changes by amending the
existing Manufacturer Production Line Testing Program applicability
provision at 40 CFR 91.501. The amendment adds language regarding the
applicable date of the manufacturer production line testing program.
VII. Final Action
The Clean Air Act and Administrative Procedure Act generally
require EPA to provide prior notice and opportunity for public comment
before issuing a final rule. 42 U.S.C. 7607(d), 5 U.S.C. 553 (b), (c).
Rules are exempt from this requirement if EPA finds for good cause that
notice and comment are unnecessary. 42 U.S.C. 7607(d)(1), 5 U.S.C.
553(b)(3)(B).
EPA has determined that providing prior notice and opportunity for
public comment on the amendment of the applicability date for the
marine SI engine production line testing program is unnecessary. As
discussed above, this notice corrects an oversight by the Agency in
preparing the final regulations for marine SI engines. In 1995, the
Agency proposed a delay in the implementation date of the production
line testing program and offered an opportunity for comment on that
proposal. A repetition of that notice and opportunity for public
comment is unnecessary given that EPA is merely correcting an oversight
in the preparation of the final regulations.
For the same reasons, EPA believes there is good cause for making
the amendment contained in this notice effective immediately. See 5
U.S.C. 553(d).
VIII. Cost Effectiveness
This rulemaking alters an existing provision by allowing marine SI
engine manufacturers to have greater flexibility in implementing the
production line testing program. Therefore, because this rulemaking
alters an existing provision, and that alteration provides regulatory
relief, there are no additional costs to marine SI engine manufacturers
associated with this specific final action.
The costs and emission reductions associated with the Marine SI
rule were developed for the October 4, 1996, final rulemaking. The
change being implemented today does not affect the costs and emission
reductions published as part of that rulemaking, because the change
implemented today was factored into the development of those costs and
emission reductions.
IX. Administrative Requirements
A. Administrative Designation
Under Executive Order 12866 (58 FR 51735, October 4, 1993), the
Agency must determine whether the regulatory action is ``significant''
and therefore subject to OMB review and the requirements of the
Executive Order. The Order defines ``significant regulatory action'' as
one that is likely to result in a rule that may:
(1) 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;
(2) create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or,
(4) raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
It has been determined that this rule is not a ``significant
regulatory action'' under the terms of Executive Order 12866 and is
therefore not subject to OMB review.
B. Reporting and Recordkeeping Requirements
This final rulemaking does not change the information collection
requirements submitted to and approved by OMB in association with the
Marine SI final rulemaking (61 FR 52087, October 4, 1996).
C. Impact on Small Entities
EPA has determined that it is not necessary to prepare a regulatory
flexibility analysis in connection with this final rule. EPA has also
determined that this rule will not have a significant adverse economic
impact on a substantial number of small businesses. Instead, this
rulemaking will provide regulatory relief to both large and small
volume engine manufacturers by permitting greater flexibility in
implementing the production line testing program.
D. Submission to Congress and the General Accounting Office
Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, Public Law 104-121, EPA
submitted 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 General Accounting Office prior to
publication of the rule in today's Federal Register. This rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).
E. Unfunded Mandates Act
Under Section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), Public Law 104-4, EPA must prepare a
budgetary impact statement to accompany any proposed or final rule that
includes a Federal mandate that may result in estimated costs to State,
local, or tribal governments in the aggregate, or to the private
sector, of $100 million or more in any one year. Under Section 205, EPA
must select the least costly, most cost effective or least burdensome
alternative that achieves the objectives of the rule and is
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consistent with statutory requirements. Section 203 requires EPA to
take certain steps before finalizing a rule that may significantly or
uniquely affect small governments.
EPA has determined that the action finalized today does not include
a Federal mandate that may result in estimated costs of $100 million or
more to either State, local, and tribal governments in the aggregate,
or to the private sector, and does not significantly or uniquely affect
small governments.
List of Subjects in 40 CFR Part 91
Environmental protection, Administrative practice and procedure,
Air pollution control, Confidential business information, Imports,
Incorporation by reference, Labeling, Nonroad source pollution,
Reporting and recordkeeping requirements.
Dated: March 27, 1997.
Carol M. Browner,
Administrator.
For the reasons set out in the preamble, title 40, chapter I, of
the Code of Federal Regulations, is amended as set forth below.
PART 91--CONTROL OF EMISSIONS FROM MARINE SPARK-IGNITION ENGINES
1. The authority citation for part 91 continues to read as follows:
Authority: Sections 203, 204, 205, 206, 207, 208, 209, 213, 215,
216, and 301(a) of the Clean Air Act, as amended (42 U.S.C. 7522,
7523, 7524, 7525, 7541, 7542, 7543, 7547, 7549, 7550, and 7601(a)).
2. Section 91.501 is amended by adding paragraphs (a)(1) and (a)(2)
to read as follows:
Sec. 91.501 Applicability.
(a) * * *
(1) This subpart F applies to marine spark-ignition outboard
engines beginning with model year 1999.
(2) This subpart F applies to marine spark-ignition personal
watercraft engines beginning with model year 2000.
* * * * *
[FR Doc. 97-8380 Filed 4-1-97; 8:45 am]
BILLING CODE 6560-50-P
