20948 Federal Register / Vol. 72, No. 81 / Friday April 27, 2007 / Rules and Regulations 

3745–101–05, 3745–101–06, 3745–101–

07, 3745–101–08, 3745–101–09, 3745–

101–10, 3745–101–11, 3745–101–12, 

3745–101–13, 3745–101–15, 3745–101–

16, 3745–101–18, 3745–101–19, and 

3745–101–20. 

[FR Doc. E7–7895 Filed 4–26–07; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 94 

[EPA–HQ–OAR–2007–0120; FRL–8306–7] 

RIN 2060–A026 

Change in Deadline for Rulemaking To 

Address the Control of Emissions 

From New Marine CompressionIgnition Engines at or Above 30 Liters 

Per Cylinder 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct Final Rule. 

SUMMARY: A January 2003 final rule 

established the first U.S. emission 

standards for new compression-ignition 

Category 3 marine engines, those with a 

displacement at or above 30 liters per 

cylinder displacement. It also 

established a deadline of April 27, 2007 

for EPA to promulgate a new tier of 

emission standards for these engines as 

determined appropriate under Clean Air 

Act (CAA) section 213(a). This 

rulemaking schedule was intended to 

allow EPA time to consider the state of 

technology that may permit deeper 

emission reductions and the status of 

international action for more stringent 

standards. Since 2003, we have 

continued to gain a greater 

understanding of the technical issues 

described in the final rule and to assess 

the continuing efforts of manufacturers 

to apply advanced emission control 

technologies to these very large engines, 

through ongoing discussions with 

various stakeholders. In addition, we 

have continued to work with and 

through the International Maritime 

Organization (IMO) toward more 

stringent international emission 

standards that would apply to all new 

marine diesel engines on ships engaged 

in international transportation. IMO is 

an important forum for EPA to gather 

new information and data regarding 

emission control technologies, costs, 

and other information on Category 3 

engines and vessels. IMO is also 

important because the majority of ships 

used in international commerce are 

flagged in other nations. Due to the 

length of time necessary to assess 

advanced emission control technologies 

much of the information that we believe 

is necessary to develop more stringent 

Category 3 marine diesel engines 

standards has only become available 

recently and we expect more 

information to come to light in the 

course of the current negotiations 

underway at the IMO. Therefore, EPA is 

adopting a new deadline for the 

rulemaking that will consider the next 

tier of Category 3 marine diesel engine 

standards. Under this new schedule, 

EPA would adopt a final rule by 

December 17, 2009. 

DATES: This rule is effective on June 26, 

2007 without further notice, unless EPA 

receives adverse comment by May 29, 

2007 or a request for a public hearing by 

May 17, 2007. If a hearing is requested 

by this date, it will be held at a time and 

place to be published in the Federal 

Register. After the hearing, the docket 

for this rulemaking will remain open for 

an additional 30 days to receive 

comments. If a hearing is held, EPA will 

publish a document in the Federal 

Register extending the comment period 

for 30 days after the hearing. If EPA 

receives adverse comments or a request 

for public hearing, it will publish a 

timely withdrawal of the direct final 

rule in the Federal Register and inform 

the public that the rule will not take 

effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ–

OAR–2007–0120, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: a-and-r-docket@epa.gov 

• Fax: (202) 566–1741 

• Mail: Environmental Protection 

Agency, Mail Code: 6102T, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460. Please include two copies. 

• Hand Delivery: EPA Docket Center 

(Air Docket), U.S. Environmental 

Protection Agency, EPA West Building, 

1301 Constitution Avenue, NW., Room: 

3334 Mail Code: 6102T, Washington, 

DC. Such deliveries are only accepted 

during the Docket’s normal hours of 

operation, and special arrangements 

should be made for deliveries of boxed 

information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OAR–2007–

0120. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. 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. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the EPA Docket Center, EPA/DC, EPA 

West, Room 3334, 1301 Constitution 

Avenue, NW., Washington, DC. The 

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. 

Public Hearing: To request a public 

hearing, contact Mike Samulski at (734) 

214–4532 or samulski.michael@epa.gov. 

If a public hearing is held, persons 

wishing to testify must submit copies of 

their testimony to the docket and to 

Mike Samulski at the address below, no 

later than 10 days prior to the hearing. 

FOR FURTHER INFORMATION CONTACT: 

Michael Samulski, Assessment and 

Standards Division, Office of 


cprice-sewell on PROD1PC66 with RULES
Federal Register / Vol. 72, No. 81 / Friday April 27, 2007 / Rules and Regulations 20949 

1 ‘‘Control of Emissions from New Marine 

Compression-Ignition Engines at or Above 30 Liters 

Per Cylinder; Final Rule,’’ 68 FR 9746, February 28, 

2003. 

Transportation and Air Quality, 2000 

Traverwood Drive, Ann Arbor, MI 

48105; telephone number: (734) 214–

4532; fax number: (734) 214–4050; email address: 

samulski.michael@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Why Is EPA Using a Direct Final 

Rule? 

EPA is publishing this as a direct final 

rule because we view this as a relatively 

noncontroversial action. Based on what 

we have learned in our consultations 

over the past several years, we do not 

believe that this extension will delay the 

achievement of further emission 

reductions from Category 3 marine 

engines beyond what could potentially 

have been achieved and creates the 

opportunity for the development and 

implementation of a more effective 

program for the longer term. However, 

in the ‘‘Proposed Rules’’ section of 

today’s Federal Register, we are 

publishing a separate document that 

will serve as the proposed rule to 

consider adoption of the provisions in 

this direct final rule if adverse 

comments or a request for a public 

hearing are received on this action. We 

will not institute a second comment 

period on this action. Any parties 

interested in commenting must do so at 

this time. For further information about 

commenting on this rule, see the 

ADDRESSES section of this document. 

If EPA receives adverse comment or a 

request for a public hearing, we will 

publish a timely withdrawal in the 

Federal Register informing the public 

that this direct final rule will not take 

effect. We would address all public 

comments in any subsequent final rule 

based on the proposed rule. 

II. Does This Action Apply to Me? 

This action will affect companies that 

manufacture, sell, or import into the 

United States new marine compressionignition 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. This 

action may also affect companies and 

persons that rebuild or maintain these 

engines. Affected categories and entities 

include the following: 

Category NAICS code a Examples of potentially affected entities 

Industry ..................................................... 333618 Manufacturers of new marine diesel engines. 

Industry ..................................................... 336611 Manufacturers of marine vessels. 

Industry ..................................................... 811310 Engine repair and maintenance. 

Industry ..................................................... 483 Water transportation, freight and passenger. 

a North American Industry Classification System (NAICS). 

This table is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

regulated 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. 

III. What Should I Consider as I 

Prepare My Comments for EPA? 

A. Submitting CBI. Do not submit 

Confidential Business Information (CBI) 

to EPA through http:// 

www.regulations.gov or e-mail. Clearly 

mark the part or all of the information 

that you claim to be CBI. For CBI 

information in a disk or CD ROM that 

you mail to EPA, mark the outside of the 

disk or CD ROM as CBI and then 

identify electronically within the disk or 

CD ROM the specific information that is 

claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

B. Tips for Preparing Your Comments. 

When submitting comments, remember 

to: 

• Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

• Follow directions—The agency may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

• Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

• Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

• If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

• Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

• Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

• Make sure to submit your 

comments by the comment period 

deadline identified. 

IV. Summary of Rule 

In January 2003, we adopted 

standards for new Category 3 

compression-ignition marine engines, at 

or above 30 liters per cylinder 

displacement.1 The program we adopted 

reflected a two-part approach. EPA 

evaluated the emissions control 

potential from various kinds of 

technology, alone or in combination, 

including (1) the in-cylinder controls 

currently used on new marine engines 

to meet the international consensus 

NOX standards contained in the 

International Convention for the 

Prevention of Pollution from Ships 

(MARPOL Annex VI); (2) additional use 

and optimization of these controls; and 

(3) more advanced technologies such as 

SCR and water injection, EPA 

concluded that it would not be 

appropriate to adopt long-term 

technology forcing standards in that 

rulemaking. Instead, we set a near-term 

standard effective in 2004 that is 

equivalent to the MARPOL Annex VI 

oxides of nitrogen (NOX) standard and 

can be achieved through existing 

emissions control technology. We also 

committed to a subsequent rulemaking 

that would review the Tier 1 near-term 

standards and if appropriate revise them 

with a deadline to complete that 

rulemaking by April 27, 2007. That 

rulemaking schedule was intended to 

allow us additional time to consider the 

state of technology that may permit 

deeper reductions and the status of 

international action for more stringent 

standards. We also stated we would 

consider an additional tier of standards 


cprice-sewell on PROD1PC66 with RULES
20950 Federal Register / Vol. 72, No. 81 / Friday April 27, 2007 / Rules and Regulations 

2 ‘‘Revision of MARPOL Annex VI, The NOX

Technical Code and Related Guidelines; 

Development of Standards for NOX, PM, and SOX,’’

submitted by the United States to the SubCommittee on Bulk Liquids and Gases, 11th 

Session, 2007. 

based on this assessment of 

technological feasibility and other 

factors and consider the application of 

these standards to foreign-flagged 

vessels that enter U.S. ports. 

In assessing the potential of advance 

emission control technologies we 

concluded that while further reductions 

could be achieved if a longer lead time 

were allowed, a variety of technical 

reasons made it more appropriate to 

defer final action on such longer-term 

standards to a second rulemaking. An 

additional reason supporting this twotier approach was to facilitate 

international negotiations over the next 

round of reductions that could be 

implemented under Annex VI, which in 

turn could facilitate EPA’s regulatory 

program to reduce emissions from 

Category 3 marine diesel engines. IMO 

is an important forum for EPA to gather 

new information and data regarding 

emission control technology, costs, and 

other information. The opportunity at 

IMO for stringent international 

standards is also important because the 

vast majority of vessels with Category 3 

marine diesel engines that enter U.S. 

waters are flagged outside the United 

States. We are engaged in the IMO 

negotiations with the understanding 

that adopting appropriate international 

standards would be the most efficient 

mechanism to control emissions from 

U.S. and foreign flagged vessels. 

In the past few years, new information 

has become available regarding the 

effectiveness of advance emission 

control technologies on Category 3 

engines which will assist us in 

developing new standards. In addition, 

the IMO has only recently begun 

negotiations for a new tier of 

international standards. EPA is actively 

engaged in these negotiations as a 

member of the United States delegation, 

and the United States recently 

submitted a proposal to IMO that 

describes a framework for emission 

limits that, if enacted, could achieve 

significant reductions in NOX, 

particulate matter (PM), and oxides of 

sulfur (SOX) emissions from marine 

vessels.2 We expect this framework to 

form the basis of our domestic 

rulemaking proposal. We are developing 

an Advance Notice of Proposed 

Rulemaking under section 213 of the 

Clean Air Act which describes EPA’s 

current thinking with regard to potential 

new requirements for Category 3 marine 

powered vessels and identifies and 

discusses a number of important issues 

upon which we will seek comment. We 

expect to issue the Advanced Notice 

within the next few months. 

In recognition of the current situation, 

EPA is taking this action to establish a 

new rulemaking deadline that will 

facilitate our ability to achieve this 

objective as part of the international 

process and through the adoption of the 

same requirements through an EPA 

rulemaking. Today’s action will 

establish a new rulemaking deadline of 

December 17, 2009 for a final rule 

addressing additional emission 

standards for Category 3 marine engines 

that we determine are appropriate under 

section 213(a)(3). 

Concurrent with conducting a 

rulemaking under CAA section 213(a) 

for Category 3 marine powered vessels, 

we will continue to promote more 

stringent standards at IMO and 

encourage the IMO to adopt emission 

controls for Category 3 marine powered 

vessels that seek to aggressively reduce 

the impact of marine ships on air 

quality. 

V. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

This action 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 

direct final rule merely changes the 

regulatory schedule for a rulemaking to 

address emissions from Category 3 

marine engines. There are no new costs 

associated with this rule. 

B. Paperwork Reduction Act 

This action does not impose any new 

information collection burden. This 

direct final rule merely changes the 

regulatory schedule for a rulemaking to 

address emissions from Category 3 

marine engines. However, the Office of 

Management and Budget (OMB) has 

previously approved the information 

collection requirements contained in the 

existing regulations [40 CFR 94] under 

the provisions of the Paperwork 

Reduction Act, 44 U.S.C. 3501 et seq. 

and has assigned OMB control number 

2060–0287, EPA ICR number 1684.08. A 

copy of the OMB approved Information 

Collection Request (ICR) may be 

obtained from Susan Auby, Collection 

Strategies Division; U.S. Environmental 

Protection Agency (2822T); 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460 or by calling (202) 566–1672. 

Burden means the total time, effort, or 

financial resources expended by persons 

to generate, maintain, retain, or disclose 

or provide information to or for a 

Federal agency. This includes the time 

needed to review instructions; develop, 

acquire, install, and utilize technology 

and systems for the purposes of 

collecting, validating, and verifying 

information, processing and 

maintaining information, and disclosing 

and providing information; adjust the 

existing ways to comply with any 

previously applicable instructions and 

requirements; train personnel to be able 

to respond to a collection of 

information; search data sources; 

complete and review the collection of 

information; and transmit or otherwise 

disclose the information. 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to a collection of information 

unless it displays a currently valid OMB 

control number. The OMB control 

numbers for EPA’s regulations in 40 

CFR are listed in 40 CFR part 9. 

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 this final rule on small entities, a 

small entity is defined as: (1) A small 

business that meets the definition for 

business based on SBA size standards 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-forprofit enterprise which is independently 

owned and operated and is not 

dominant in its field. 

After considering the economic 

impacts of today’s final rule on small 

entities, I certify that this action will 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 


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Federal Register / Vol. 72, No. 81 / Friday April 27, 2007 / Rules and Regulations 20951 

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 direct final rule merely changes 

the regulatory schedule for a rulemaking 

to address emissions from Category 3 

marine engines. We have therefore 

concluded that today’s final rule will 

relieve regulatory burden for all affected 

small entities. 

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 to 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, tribal 

governments, or the private sector as 

defined by the provisions of Title II of 

the UMRA. The rule imposes no 

enforceable duties on any of these 

governmental entities. This rule 

contains no regulatory requirements that 

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 changes the 

regulatory schedule for a rulemaking to 

address emissions from Category 3 

marine engines. This rule is not subject 

to the requirements of sections 202 and 

205 of UMRA. 

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 

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 changes the regulatory 

schedule for a rulemaking to address 

emissions from Category 3 marine 

engines. Thus, Executive Order 1312 

does not apply to this rule. 

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 changes the 

regulatory schedule for a rulemaking to 

address emissions from Category 3 

marine engines. Thus, Executive Order 

13175 does not apply to this rule. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

Executive Order 13045, ‘‘Protection of 

Children From Environmental Health 


cprice-sewell on PROD1PC66 with RULES
20952 Federal Register / Vol. 72, No. 81 / Friday April 27, 2007 / Rules and Regulations 

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 as defined in 

EO 12866, and because the Agency does 

not have reason to believe the 

environmental health or safety risks 

addressed by this action present a 

disproportionate risk to children. This 

direct final rule merely changes the 

regulatory schedule for a rulemaking to 

address emissions from Category 3 

marine engines. 

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 changes the 

regulatory schedule for a rulemaking to 

address emissions from Category 3 

marine engines. 

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. This direct final 

rule merely changes the regulatory 

schedule for a rulemaking to address 

emissions from Category 3 marine 

engines. Therefore, EPA did not 

consider the use of any voluntary 

consensus standards. 

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 rule will 

not have disproportionately high and 

adverse human health or environmental 

effects on minority or low-income 

populations because it does not affect 

the level of protection provided to 

human health or the environment. This 

direct final rule merely changes the 

regulatory schedule for a rulemaking to 

address emissions from Category 3 

marine engines. 

K. 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 June 26, 2007. 

L. 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 94 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Confidential 

business information, Imports, 

Penalties, Reporting and recordkeeping 

requirements, Vessels, Warranties. 

Dated: April 23, 2007. 

Stephen L. Johnson, 

Administrator. 

■ For the reasons set out in the 

preamble, title 40, chapter I of the Code 

of Federal Regulations is amended as 

follows: 

PART 94—CONTROL OF AIR 

POLLUTION FROM MARINE 

COMPRESSION–IGNITION EMISSIONS 

■ 1. The authority citation for part 94 

continues to read as follows: 

Authority: 42 U.S.C. 7401–7671q. 

■ 2. Section 94.8 is amended by revising 

paragraph (a)(2)(ii) to read as follows: 

§ 94.8 Exhaust emission standards. 

(a) * * * 

(2) * * * 

(ii) EPA has not finalized Tier 2 

standards for Category 3 engines. EPA 

will promulgate final Tier 2 standards 

for Category 3 engines on or before 

December 17, 2009. 

* * * * * 

[FR Doc. E7–8105 Filed 4–26–07; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 070312058–7087–02; I.D. 

020507A] 

RIN 0648–AU34 

Magnuson-Stevens Fishery 

Conservation and Management Act 

Provisions; Fisheries of the 

Northeastern United States; Interim 

Secretarial Action 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; interim 

measures; request for comments. 

SUMMARY: NMFS implements this 

interim final rule pursuant to its 

authority to issue interim measures 

under the Magnuson-Stevens Fishery 

Conservation and Management Act 


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