[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]


      

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Part V





Environmental Protection Agency





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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  

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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]
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