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[Federal Register: September 16, 2010 (Volume 75, Number 179)]
[Proposed Rules]               
[Page 56491-56494]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16se10-14]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 1060

[EPA-HQ-OAR-2010-0270; FRL-9202-3]
RIN 2060-AQ18

 
Technical Amendments for Marine Spark-Ignition Engines and 
Vessels

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: In the final rulemaking for new exhaust and evaporative 
emissions standards for nonroad spark-ignition engines, vessels, and 
equipment (73 FR 59034, October 8, 2008), EPA established first-ever 
evaporative emissions standards for marine vessels. These requirements 
included portable marine fuel tanks commonly used in recreational 
boating. During their efforts to certify portable fuel tanks to these 
new requirements, manufacturers working together on systems integration 
identified several technical issues with the performance of the tanks/
fuel systems in use that were not fully apparent to them before these 
standards were developed. Systems integration work conducted by the 
fuel tank, boat and engine manufacturers highlighted that under some 
circumstances there was the potential for fuel spillage to occur. Work 
conducted by these parties

[[Page 56492]]

indicated that this issue applies to existing systems and tanks as well 
as those built to comply with EPA's evaporative emission design 
standard. We have engaged the industry to identify a simple, safe, and 
emissions neutral solution to this concern. This proposed action 
represents the results of that work and is emissions neutral with 
respect to the diurnal emissions standard; however, to the extent that 
it helps reduce fuel spillage, incorporating safe recommended practices 
will result in a net benefit to the environment and lead to fuel 
savings. In the ``Rules and Regulations'' section of this Federal 
Register, we are making these technical amendments as a direct final 
rule without a prior proposed rule. If we receive no adverse comment, 
we will not take further action on this proposed rule.

DATES: Written comments must be received by October 18, 2010.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2010-0270, by mail to Environmental Protection Agency, Air Docket, 
Mail-code 6102T, 1200 Pennsylvania Ave., NW., Washington, DC 20460. 
Comments may also be submitted electronically or through hand delivery/
courier by following the detailed instructions in the ADDRESSES section 
of the direct final rule located in the rules section of this Federal 
Register.

FOR FURTHER INFORMATION CONTACT: Michael Samulski, Environmental 
Protection Agency, Office of Transportation and Air Quality, Assessment 
and Standards Division, 2000 Traverwood Drive, Ann Arbor, Michigan 
48105; telephone number: 734-214-4532; fax number: 734-214-4050; email 
address: samulski.michael@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Why is EPA issuing this proposed rule?

    This document proposes to take action on Technical Amendments for 
Marine Spark-Ignition Engines and Vessels. We have published a direct 
final rule to modify existing design-based certification requirements 
to incorporate safe recommended practices, developed through industry 
consensus, for portable marine fuel tanks in the ``Rules and 
Regulations'' section of this Federal Register because we view this as 
a noncontroversial action and anticipate no adverse comment. We have 
explained our reasons for this action in the preamble to the direct 
final rule.
    If we receive no adverse comment, we will not take further action 
on this proposed rule. If we receive adverse comment, we will withdraw 
the direct final rule and it will not take effect. We would address all 
public comments in any subsequent final rule based on this proposed 
rule.
    We do not intend to institute a second comment period on this 
action. Any parties interested in commenting must do so at this time. 
For further information, please see the information provided in the 
ADDRESSES section of this document.

II. Does this action apply to me?

    This action will affect companies that manufacture and certify 
portable marine fuel tanks for sale in the United States. The following 
table gives some examples of entities that may have to follow the 
regulations; however, since these are only examples, you should 
carefully examine the proposed regulations. You may direct questions 
regarding the applicability of this action as noted in FOR FURTHER 
INFORMATION CONTACT.

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           Category              NAICS codes\a\     SIC codes\b\     Examples of potentially regulated entities
----------------------------------------------------------------------------------------------------------------
Industry......................            333618              3519  Manufacturers of new engines.
Industry......................            336612        3731, 3732  Manufacturers of marine vessels.
----------------------------------------------------------------------------------------------------------------
\a\ North American Industry Classification System (NAICS).
\b\ Standard Industrial Classification (SIC) system code.

III. Summary of Rule

    In the final rulemaking for new exhaust and evaporative emissions 
standards for nonroad spark-ignition engines, vessels, and equipment 
(73 FR 59034, October 8, 2008), EPA established first-ever evaporative 
emissions standards for marine vessels. These requirements included 
portable marine fuel tanks specifically designed for and commonly used 
in recreational boating, which are normally used to power gasoline 
outboard engines. During their efforts to certify portable fuel tanks 
to these new requirements, manufacturers working together on systems 
integration identified several technical issues with the performance of 
the tanks/fuel systems in use that were not fully apparent to them 
before these standards were developed. Systems integration work 
conducted by the fuel tank, boat and engine manufacturers highlighted 
that under some circumstances there was the potential for fuel spillage 
to occur. Work conducted by these parties indicated that this issue 
applies to existing fuel systems and tanks as well as those built to 
comply with EPA's evaporative emission design standard. We have engaged 
the industry to identify a simple, safe, and emissions neutral solution 
to this concern. This action is emissions neutral with respect to the 
diurnal emissions standard; however, to the extent that it helps reduce 
fuel spillage, incorporating safe recommended practices will result in 
a net benefit to the environment and lead to fuel savings.
    EPA is proposing to make technical amendments to the design 
standard for portable tanks that will allow for this solution. 
Specifically, we are proposing to revise the text in Sec.  
1060.105(c)(1) to allow for an integrated or external manually 
activated device to be included in the fuel tank design to temporarily 
relieve pressure prior to fuel filling or connection to the engine.
    In addition, we are proposing to incorporate safe recommended 
practices, developed through industry consensus, for portable marine 
fuel tanks. Specifically, we are proposing to reference the ABYC H25 
pressure relief method system testing and informational (e.g. labeling) 
provisions into our regulations.\1\
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    \1\ American Boat and Yacht Council (ABYC), ``ABYC H-25: 
Portable Marine Gasoline Fuel Systems,'' July, 2010.
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    EPA does not expect that this action would have an adverse cost 
impact to the manufacturers beyond that envisioned in the original 
rule. This proposed rule would merely modify existing design-based 
certification requirements to incorporate safe recommended practices, 
developed through industry consensus, for portable marine fuel tanks. 
Adopting these amendments would lead to environmental, cost, and safety 
benefits through reduced fuel spillage.

[[Page 56493]]

    For additional discussion of the proposed rule 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.

IV. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    This proposed rule is not a ``significant regulatory action'' under 
the terms of Executive Order (EO) 12866 (58 FR 51735, October 4, 1993) 
and is therefore not subject to review under the EO. This proposed rule 
merely modifies existing design-based certification requirements to 
incorporate safe recommended practices, developed through industry 
consensus, for portable marine fuel tanks. There are no costs with this 
proposed rule beyond those envisioned in the original rule.

B. Paperwork Reduction Act

    This action does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. 
Burden is defined at 5 CFR 1320.3(b). This proposed rule does not 
include any new collection requirements, as it would simply modify 
existing design-based certification requirements to incorporate safe 
recommended practices, developed through industry consensus, for 
portable marine fuel tanks. There are no new paperwork requirements 
associated with this proposed rule.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (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 today's proposed rule on 
small entities, small entity is defined as: (1) A small as defined by 
the Small Business Administration's (SBA) regulations at 13 CFR 
121.201; (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, EPA has concluded that this proposed rule would not 
have a significant economic impact on a substantial number of small 
entities. In determining whether a rule has a significant economic 
impact on a substantial number of small entities, the impact of concern 
is any significant adverse economic impact on small entities, since the 
primary purpose of the regulatory flexibility analyses is to identify 
and address regulatory alternatives ``which minimize any significant 
economic impact of the rule on small entities.'' 5 U.S.C. 603 and 604. 
Thus, an agency may certify that a rule will not have a significant 
economic impact on a substantial number of small entities if the rule 
relieves regulatory burden, or otherwise has a positive economic effect 
on all of the small entities subject to the rule.
    This proposed rule would merely modify existing design-based 
certification requirements to incorporate safe recommended practices, 
developed through industry consensus, for portable marine fuel tanks. 
We have therefore concluded that today's final rule will not increase 
regulatory burden for affected small entities.

D. Unfunded Mandates Reform Act

    This action contains no Federal mandates under the provisions of 
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C. 
1531-1538 for State, local, or tribal governments or the private 
sector. The action imposes no enforceable duty on any State, local or 
tribal governments or the private sector. Therefore, this action is not 
subject to the requirements of sections 202 or 205 of the UMRA.
    This action is also not subject to the requirements of section 203 
of UMRA because it contains no regulatory requirements that might 
significantly or uniquely affect small governments. This proposed rule 
would merely modify existing design-based certification requirements to 
incorporate safe recommended practices, developed through industry 
consensus, for portable marine fuel tanks.

E. Executive Order 13132: Federalism

    This proposed rule does not have federalism implications. It would 
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 proposed rule would merely 
modify existing design-based certification requirements to incorporate 
safe recommended practices, developed through industry consensus, for 
portable marine fuel tanks. Thus, Executive Order 13132 does not apply 
to this action.

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

    This action does not have tribal implications, as specified in 
Executive Order 13175 (65 FR 67249, November 9, 2000). This proposed 
rule would merely modify existing design-based certification 
requirements to incorporate safe recommended practices, developed 
through industry consensus, for portable marine fuel tanks. Thus, 
Executive Order 13175 does not apply to this action.

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

    This action is not subject to EO 13045 (62 FR 19885, April 23, 
1997) because it is not economically significant as defined in EO 
12866, and because the Agency does not believe the environmental health 
or safety risks addressed by this action present a disproportionate 
risk to children. This proposed rule would merely modify existing 
design-based certification requirements to incorporate safe recommended 
practices, developed through industry consensus, for portable marine 
fuel tanks.

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 (66 FR 28355 
(May 22, 2001)), because it is not a significant regulatory action 
under Executive Order 12866.

I. National Technology Transfer Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), Public Law 104-113, 12(d) (15 U.S.C. 272 note) 
directs EPA to use voluntary consensus standards in its regulatory 
activities unless to do so would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., materials specifications, test methods, sampling 
procedures, and business practices) that are developed or adopted by 
voluntary consensus standards bodies. NTTAA directs EPA to provide

[[Page 56494]]

Congress, through OMB, explanations when the Agency decides not to use 
available and applicable voluntary consensus standards.
    This proposed rulemaking involves technical standards. This 
proposed rule would modify existing design-based certification 
requirements to incorporate safe recommended practices, developed 
through industry consensus, for portable marine fuel tanks. 
Specifically, it incorporates by reference ABYC H-25, ``Portable Marine 
Gasoline Fuel Systems,'' July, 2010. Anyone may purchase copies of 
these materials from the American Boat and Yacht Council, 613 Third 
Street, Suite 10 Annapolis, MD 21403 or http://www.abycinc.org/.

J. Executive Order 12898: Federal Actions to Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order (EO) 12898 (59 FR 7629 (Feb. 16, 1994)) establishes 
federal executive policy on environmental justice. Its main provision 
directs federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high 
and adverse human health or environmental effects of their programs, 
policies, and activities on minority populations and low-income 
populations in the United States.
    EPA has determined that this proposed rule would not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because it increases the 
level of environmental protection for all affected populations without 
having any disproportionately high and adverse human health or 
environmental effects on any population, including any minority or low-
income population. This proposed rule would merely modify existing 
design-based certification requirements to incorporate safe recommended 
practices, developed through industry consensus, for portable marine 
fuel tanks.

K. Statutory Authority

    The statutory authority for this action comes from section 213 of 
the Clean Air Act as amended (42 U.S.C. 7547). This action is a 
rulemaking subject to the provisions of Clean Air Act section 307(d). 
See 42 U.S.C. 7607(d).

List of Subjects in 40 CFR Part 1060

    Environmental protection, Air pollution control, Incorporation by 
reference, Marine spark-ignition engines and vessels.

    Dated: September 9, 2010.
Lisa P. Jackson,
Administrator.
[FR Doc. 2010-23127 Filed 9-15-10; 8:45 am]
BILLING CODE 6560-50-P
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