[Federal Register Volume 68, Number 182 (Friday, September 19, 2003)]
[Proposed Rules]
[Pages 54961-54963]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-23849]



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

[[Page 54961]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 94

[AMS-FRL-7561-3]


Control of Emissions From New Marine Diesel Engines

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed rulemaking.

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SUMMARY: This proposed 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 notice proposes to restore that regulatory text.
    We are publishing in the ``Rules and Regulations'' section of 
today's Federal Register a direct final rule that will replace the 
recreational marine diesel text and correct the typographical errors 
without further EPA action unless we receive adverse comment. We have 
explained our reasons for today's action in detail in the preamble to 
the direct final rule. If we receive adverse comment, we will withdraw 
the direct final rule prior to its effective date, and will address all 
public comments in a subsequent final rule based on this proposed rule. 
We will not institute a second comment period on this action. Any 
parties interested in commenting must do so at this time.

DATES: Written comments must be received by October 20, 2003. Request 
for a public hearing must be received by October 6, 2003. If we receive 
a request for a public hearing, we will publish information related to 
the timing and location of the hearing and the timing of a new deadline 
for public comments.

ADDRESSES: Comments: All comments and materials relevant to this action 
should be submitted to Public Docket No. A-2001-11 by the date 
indicated under DATES above. 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.
    Comments may also be submitted electronically, by facsimile, or 
through hand delivery/courier. Follow the detailed instructions as 
provided in the SUPPLEMENTARY INFORMATION section.

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:

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                                     NAICS  Code
              Category                    a                  Examples of potentially affected entities
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Industry...........................       333618  Manufacturers of new marine diesel engines.
Industry...........................       336611  Manufacturers of marine vessels.
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a North American Industry Classification System (NAICS)

    This list is not intended to be exhaustive, but rather provides a 
guide regarding entities likely to be affected by this action. To 
determine whether particular activities may be affected by this action, 
you should carefully examine the regulations. You may direct questions 
regarding the applicability of this action as noted in FOR FURTHER 
INFORMATION CONTACT.

B. How Can I Get Copies of This Document and Send Comments?

    See the direct final rule EPA has published in the ``Rules and 
Regulations'' section of today's Federal Register for information about 
accessing these documents. The direct final rule also includes detailed 
instructions for sending comments to EPA.

II. Summary of Rule

    This rule merely restores previously adopted regulatory text in 40 
CFR part 94, related to the regulation of recreational marine diesel 
engines, that was inadvertently supplanted by a subsequent rule. It 
also corrects several typographical errors, related to the regulation 
of recreational marine diesel and Category 3 marine diesel engines, 
that do not affect the substance of the regulations. For additional 
discussion of these changes, see the direct final rule EPA has 
published in the ``Rules and Regulations'' section of today's Federal 
Register. This proposal incorporates by reference all the reasoning, 
explanation, and regulatory text from the direct final rule.

III. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    Because this 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, it is not a significant regulatory action and is 
not subject to the requirements of Executive Order 12866. There are no 
new costs associated with this rule. A Final Regulatory Support 
Document was prepared in connection with the original regulations for 
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. See the direct final rule EPA 
has published in the ``Rules and Regulations'' section of today's 
Federal Register for a more extensive discussion of Executive Order 
12866.

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B. Paperwork Reduction Act

    This 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. We published notice of OMB's approval on February 28, 2003 (68 FR 
9778).

C. Regulatory Flexibility Act

    The 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 rule on small 
entities, a small entity is defined as: (1) A small business with fewer 
than 1,000 employees, consistent with 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.
    After considering the economic impacts of today's proposed rule on 
small entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. This 
proposed rule will not impose any new requirements on small entities. 
This 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. See the direct final rule EPA has published in the ``Rules 
and Regulations'' section of today's Federal Register for a more 
extensive discussion of EPA's compliance with the Regulatory 
Flexibility Act.

D. Unfunded Mandates Reform Act

    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 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. See the 
direct final rule EPA has published in the ``Rules and Regulations'' 
section of today's Federal Register for a more extensive discussion of 
UMRA policy.

E. Executive Order 13132: Federalism

    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 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. See the 
direct final rule EPA has published in the ``Rules and Regulations'' 
section of today's Federal Register for a more extensive discussion of 
Executive Order 13132.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    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 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. See the direct final rule EPA has 
published in the ``Rules and Regulations'' section of today's Federal 
Register for a more extensive discussion of Executive Order 13175.

G. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks

    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. See the direct final rule EPA has published in the ``Rules 
and Regulations'' section of today's Federal Register for a more 
extensive discussion of Executive Order 13045.

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 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

    This 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. See the direct final rule 
EPA has published in the ``Rules and Regulations'' section of today's 
Federal Register for a more extensive discussion of NTTAA policy.

[[Page 54963]]

J. 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, 
Incorporation by reference, Penalties, Reporting and recordkeeping 
requirements, Vessels, Warranties.

    Dated: September 12, 2003.
Marianne Lamont Horinko,
Acting Administrator.
[FR Doc. 03-23849 Filed 9-18-03; 8:45 am]
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