[Federal Register Volume 68, Number 182 (Friday, September 19, 2003)]
[Rules and Regulations]
[Pages 54956-54960]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-23848]



[[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

  Federal Register / Vol. 68, No. 182 / Friday, September 19, 2003 / 
Rules and Regulations  

[[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 [email protected], 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:

----------------------------------------------------------------------------------------------------------------
                                     NAICS  code
              Category                   \a\                 Examples of potentially affected entities
----------------------------------------------------------------------------------------------------------------
Industry...........................       333618  Manufacturers of new marine diesel engines.
Industry...........................       336611  Manufacturers of marine vessels.
----------------------------------------------------------------------------------------------------------------
\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 [email protected] 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

[[Page 54958]]

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

[[Page 54959]]

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)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                       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
--------------------------------------------------------------------------------------------------------------------------------------------------------
\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.
* * * * *

0
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