[Federal Register Volume 72, Number 81 (Friday, April 27, 2007)]
[Rules and Regulations]
[Pages 20948-20952]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-8105]


-----------------------------------------------------------------------

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 Compression-Ignition 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:
    <bullet> http://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
    <bullet> E-mail: <a href="/cdn-cgi/l/email-protection#dbbaf6bab5bff6a9f6bfb4b8b0beaf9bbeabbaf5bcb4ad"><span class="__cf_email__" data-cfemail="ed8cc08c8389c09fc089828e868899ad889d8cc38a829b">[email protected]</span></a>
    <bullet> Fax: (202) 566-1741
    <bullet> Mail: Environmental Protection Agency, Mail Code: 6102T, 
1200 Pennsylvania Ave., NW., Washington, DC 20460. Please include two 
copies.
    <bullet> 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 <a href="/cdn-cgi/l/email-protection#2350424e564f50484a0d4e4a404b42464f634653420d444c55"><span class="__cf_email__" data-cfemail="b3c0d2dec6dfc0d8da9ddedad0dbd2d6dff3d6c3d29dd4dcc5">[email protected]</span></a>. 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

[[Page 20949]]

Transportation and Air Quality, 2000 Traverwood Drive, Ann Arbor, MI 
48105; telephone number: (734) 214-4532; fax number: (734) 214-4050; e-
mail address: <a href="/cdn-cgi/l/email-protection#354654584059465e5c1b585c565d545059755045541b525a43"><span class="__cf_email__" data-cfemail="1f6c7e726a736c74763172767c777e7a735f7a6f7e31787069">[email protected]</span></a>.

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 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. This action may also affect companies and persons 
that rebuild or maintain these engines. Affected categories and 
entities include the following:

------------------------------------------------------------------------
                                                 Examples of potentially
            Category             NAICS code \a\     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:
    <bullet> Identify the rulemaking by docket number and other 
identifying information (subject heading, Federal Register date and 
page number).
    <bullet> 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.
    <bullet> Explain why you agree or disagree; suggest alternatives 
and substitute language for your requested changes.
    <bullet> Describe any assumptions and provide any technical 
information and/or data that you used.
    <bullet> If you estimate potential costs or burdens, explain how 
you arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    <bullet> Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    <bullet> Explain your views as clearly as possible, avoiding the 
use of profanity or personal threats.
    <bullet> 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 NO<INF>X</INF> 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 (NO<INF>X</INF>) 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

[[Page 20950]]

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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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 two-tier 
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 NO<INF>X</INF>, particulate matter (PM), and 
oxides of sulfur (SO<INF>X</INF>) 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.
---------------------------------------------------------------------------

    \2\ ``Revision of MARPOL Annex VI, The NO<INF>X</INF> Technical 
Code and Related Guidelines; Development of Standards for 
NO<INF>X</INF>, PM, and SO<INF>X</INF>,'' submitted by the United 
States to the Sub-Committee on Bulk Liquids and Gases, 11th Session, 
2007.
---------------------------------------------------------------------------

    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-for-profit 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

[[Page 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

[[Page 20952]]

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.

0
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

0
1. The authority citation for part 94 continues to read as follows:

    Authority: 42 U.S.C. 7401-7671q.

0
2. Section 94.8 is amended by revising paragraph (a)(2)(ii) to read as 
follows:


Sec.  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


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>