Control of Air Pollution; Amendment to Emission Requirements Applicable to New Gasoline Spark-Ignition Marine Engines

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:

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Category Examples of regulated entities

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Industry........................ Manufacturers of spark ignition marine

engines.

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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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