Federal Register / Vol. 75, No. 179 / Thursday, September 16, 2010 / Rules and Regulations 56477 

Appendix A to subpart E of part 790 

[Removed] 

■ 7. Remove Appendix A to subpart E 

of part 790. 

[FR Doc. 2010–23131 Filed 9–15–10 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 1060 

[EPA–HQ–OAR–2010–0270; FRL–9202–4] 

RIN 2060–AQ18 

Technical Amendments for Marine 

Spark-Ignition Engines and Vessels 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

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 

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. EPA is 

taking direct final action to make 

technical amendments to the design 

standard for portable tanks that will 

allow for this solution. In addition, we 

are incorporating safe recommended 

practices, developed through industry 

consensus, for portable marine fuel 

tanks. 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. 

DATES: This rule is effective on 

November 15, 2010 without further 

notice, unless EPA receives adverse 

comment by October 18, 2010 If EPA 

receives adverse comment, we will 

publish a timely withdrawal in the 

Federal Register informing the public 

that the rule will not take effect. 

Similarly, the incorporation by 

reference of the published standard 

listed in this regulation is approved by 

the Director of the Federal Register as of 

November 15, 2010 without further 

notice, unless EPA receives adverse 

comment. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2010–0270, 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) 566–9744. 

• Mail: Environmental Protection 

Agency, Air Docket, Mail-Code 6102T, 

1200 Pennsylvania Ave., NW., 

Washington, DC 20460. In addition, 

please mail a copy of your comments on 

the information collection provisions to 

the Office of Information and Regulatory 

Affairs, Office of Management and 

Budget (OMB), Attn: Desk Officer for 

EPA, 725 17th St., NW., Washington, DC 

20503. 

• Hand Delivery: EPA Docket Center 

(EPA/DC), EPA West, Room 3334, 1301 

Constitution Ave., NW., Washington, 

DC, Attention Docket No. EPA–HQ– 

OAR–2010–0270. 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–2010– 

0270. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

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 www.regulations.gov 

or e-mail. The 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 www.regulations.gov your email 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. For 

additional instructions on submitting 

comments, go to Unit III of the 

SUPPLEMENTARY INFORMATION section of 

this document. 

Docket: All documents in the docket 

are listed in the 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 

www.regulations.gov or in hard copy at 

the ‘‘Technical Amendments for Marine 

Spark-Ignition Engines and Vessels’’ 

Docket, EPA/DC, EPA West, Room 3334, 

1301 Constitution Ave., 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 ‘‘Technical Amendments for Marine 

Spark-Ignition Engines and Vessels’’ 

Docket is (202) 566–2426. 

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; e-mail address: 

samulski.michael@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Why is EPA using a Direct Final 

Rule? 

EPA is publishing this rule without a 

prior proposed rule because we view 

this as a noncontroversial action and 

anticipate no adverse comment. 

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 adopt 


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56478 Federal Register / Vol. 75, No. 179 / Thursday, September 16, 2010 / Rules and Regulations 

the provisions in this Direct Final Rule 

if adverse comments are received on 

this direct final rule. 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, 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 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. 

Category NAICS codesa SIC codesb 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). 

bStandard Industrial Classification (SIC) system code. 

III. What should I consider as I prepare 

my comments for EPA? 

A. Submitting CBI. Do not submit this 

information to EPA through 

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 

A. Overview 

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. These 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. 

B. Background 

Often, gasoline-powered outboard 

marine engines are used on boats that 

do not have installed fuel tanks. This is 

most common for smaller engines and 

vessels. In these instances, portable 

marine fuel tanks are used as a fuel 

supply. In many ways, portable marine 

fuel tanks resemble portable gasoline 

containers, like those used to carry 

gasoline for use in lawnmowers and 

other equipment. The primary 

difference from portable gasoline 

containers is that portable marine fuel 

tanks are designed to be connected 

directly to the outboard engine during 

operation. These portable marine fuel 

tanks can be easily disconnected from 

the engine and removed from the boat 

for purposes of refueling and storage. 

Because outboard engines draw fuel 

directly from portable marine fuel tanks 

when operating, there are three design 

elements unique to these fuel tanks. The 

first (and most obvious) is that there is 

a fuel line connecting the fuel tank to 

the engine. Second, these fuel tanks are 

typically equipped with an indicator for 

fuel fill level. Third, portable marine 

fuel tanks have traditionally been 

equipped with a manually actuated vent 

on the fuel cap. In this design, the 

manual valve was intended to be left 

open during engine operation to prevent 

a vacuum from forming in the fuel tank 

as the engine draws the fuel level down. 

Such a vacuum in the fuel tank could 

prevent fuel from being drawn into the 

engine, thereby resulting in a stalled 

engine. 

During storage and transport, this 

same manual valve could be closed to 

prevent fuel spillage and loss of fuel due 

to evaporation. By closing the valve, the 

user can prevent fuel vapor from 

escaping through the vent. However, 

because the vapor cannot escape, 

pressure builds in the fuel tank during 

heating events. For this reason, portable 


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Federal Register / Vol. 75, No. 179 / Thursday, September 16, 2010 / Rules and Regulations 56479 

marine fuel tanks are designed to 

withstand pressures caused by fuel 

heating. Because this valve is manually 

actuated, any emission control 

associated with sealing the tank would 

be dependent on user behavior. 

In our recent rulemaking, we adopted 

a design standard requiring portable 

marine fuel tanks to remain sealed up to 

a pressure of 5.0 psi, starting on January 

1, 2010 (see § 1060.105). This can be 

achieved by replacing the usercontrolled manual valve with a simple 

one-way automatic valve in the fuel cap. 

For instance, a diaphragm valve that is 

common in many automotive 

applications seals when under positive 

pressure (up to a set pressure limit) but 

opens under low-vacuum conditions. 

The 5.0 psi pressure relief provision is 

not mandatory, but rather is intended to 

provide the option to limit the amount 

of pressure that a fuel tank must hold. 

It should be noted that portable fuel 

tank manufacturers are expected to add 

an additional manual valve that will 

allow the user to override the pressure 

relief valve so that the fuel tanks can be 

completely sealed during transportation 

and storage. 

Under the requirements finalized in 

2008, portable fuel tanks must continue 

to be self-sealing when disconnected 

from an engine. Typically, the hose 

connections have spring loaded 

mechanisms that close off fuel flow 

when the connection is broken. As such, 

this provision is consistent with current 

industry practice. 

C. Technical Issues and Solutions 

After the final rule was published in 

2008, marine engine and fuel tank 

manufacturers became aware of fuel 

spillage issues that may occur, under 

certain circumstances, if a portable 

marine fuel tank is stored in the sealed 

condition (either on or outside the 

vessel). These issues were identified 

during the manufacturers’ efforts to 

develop and certify portable marine fuel 

tanks to the diurnal emission 

requirements. Testing conducted by the 

manufacturers indicates that these fuel 

spillage issues apply to existing fuel 

tanks as well as those designed to the 

diurnal requirements finalized in 2008. 

Existing tanks have a manual valve that 

is intended to be closed when the vessel 

is not in use and when the tank is 

stored. When the user closes this 

manual valve, the tank is in a similar 

configuration as a tank that is compliant 

with the design requirements for diurnal 

emission control. 

Diurnal evaporative emissions are 

released from a fuel tank when the fuel 

temperature increases due to daily 

temperature changes. This increase in 

fuel temperature increases the vapor 

pressure of the fuel and therefore the 

vapor mixture expands in volume. This 

expansion forces some of the fuel-air 

mixture to be vented out of the tank. 

When the vent is in the closed position, 

the expanded volume cannot escape the 

tank, resulting in increased pressure in 

the fuel tank. This increased pressure is 

a function of the fuel temperature, the 

amount of fuel in the tank, and the 

volatility of the fuel. 

Three potential fuel spillage 

mechanisms have been identified for a 

tank under pressure: (1) Through the 

engine, (2) when connecting/ 

disconnecting the fuel line from the 

engine and (3) when opening the fuel 

cap. These three potential fuel spillage 

issues are discussed below along with 

the associated technical solutions to 

these issues. Further information is 

provided in the docket. 

1. Through Engine 

When an engine is operating, vacuum 

generated by the action of the piston(s) 

draws fuel from the tank to the engine. 

When the engine is shut down, it no 

longer draws fuel from the fuel tank. It 

is common to disconnect the fuel tank 

from the engine during periods of 

inactivity. However, if this does not 

occur, and if the fuel tank is sealed and 

sufficient pressure develops in the fuel 

tank, this pressure can push fuel to the 

engine. This can occur in existing fuel 

tanks when the manual valve is sealed 

or in a self-sealing fuel tank meeting the 

design standard finalized in 2008. In 

most cases, the needle valve in the 

engine’s fuel system would prevent the 

fuel from reaching the engine intake. 

However, if the pressure in the fuel 

tank is high enough, this pressure may 

force fuel through the engine, which 

would then spill out of the engine 

intake. Based on test data supplied by 

outboard marine engine manufacturers, 

many engine designs can withstand 5.0 

psi of fuel pressure from the fuel tank 

without leaking. However, some engine 

designs will see fuel leakage at 

pressures as low as 1.0 psi. This testing 

was performed on engines in a static 

position, either upright or tilted. Based 

on this testing, fuel leakage was shown 

to occur in either position, but was more 

likely when the engine is stored in the 

tilted position. 

Dynamic testing was also performed, 

wherein the engine was fitted on a 

trailer boat and towed of various 

surfaces. This testing suggested fuel 

leakage was much more likely under 

dynamic conditions (such as towing) 

than static conditions, when the 

portable marine fuel tank was sealed, 

pressurized, and left connected to the 

engine. It was thought that the vibration 

caused the needle valve in the engine to 

vibrate and lift from its seat. The test 

data referenced here is included in the 

docket. 

The simplest solution to this fuel 

spillage issue is for the user to 

disconnect the fuel tank from the engine 

when storing the fuel tank, especially 

when towing the boat. At a minimum, 

portable marine fuel tank manufacturers 

should provide the user with 

information on proper storage practices, 

such as disconnecting the fuel tank from 

the engine when not in use. As 

discussed in IV.D.3 below, this is 

included in the safe recommended 

practices for portable marine fuel tanks 

recently developed by the boating 

industry. 

A more sophisticated technical 

solution would be to include a valve in 

the fuel line that would prevent transfer 

of fuel under pressure from the fuel tank 

to the engine. One example would be a 

vacuum-actuated valve which would 

remain closed unless a vacuum was 

drawn from the engine. Because new 

portable marine fuel tanks may be used 

with old engines for many years to 

come, it is important that the near-term 

solution to this issue be independent of 

the engine design. 

2. During Connection/Disconnection of 

Fuel Line 

Portable marine fuel tanks are 

typically equipped with ‘‘quick-connect’’ 

fittings for easy connection and 

disconnection of the fuel line from 

either the engine or fuel tank. Under 

this design, the connector remains 

closed until it is pressed on to the 

mating fitting. When the fuel is under 

pressure, it is possible that some fuel 

will spray as the connector begins to 

open, but is not yet completely seated 

on the fitting. For example, this could 

occur when the fuel line is connected to 

the fuel tank and the tank is under a 

positive pressure. Similar to the other 

spillage mechanisms described here, 

this can occur in existing fuel tanks 

when the manual valve is sealed or in 

a self-sealing fuel tank meeting the 

design standard finalized in 2008. 

Two solutions may be used to address 

this fuel spillage issue. The first is to 

simply relieve the pressure in the fuel 

system prior to connecting or 

disconnecting the fuel line from the 

engine. This could be accomplished by 

simply opening the fuel cap or through 

the use of the ‘‘pressure relief method’’ 

described below (see section IV.C.3). 

Alternatively, the fittings could be 

modified to prevent fuel spray under 

pressure. One approach would be to 

improve the fittings such that, when the 


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56480 Federal Register / Vol. 75, No. 179 / Thursday, September 16, 2010 / Rules and Regulations 

1American Boat and Yacht Council (ABYC), 

‘‘ABYC H–25: Portable Marine Gasoline Fuel 

Systems,’’ July, 2010. 

connector and fitting are mated, the seal 

is seated sufficiently to withstand 5 psi 

of pressure, before the connecting valve 

opens. Another modification could be 

the use of an integrated or manual valve 

that would close to shut off fuel 

pressure to the fitting prior to 

connecting or disconnecting the fuel 

line from the engine. 

3. When Opening Fuel Cap 

In rare circumstances, the fuel in the 

tank can reach an unstable condition 

where opening the fuel cap can result in 

significant fuel spray from the tank 

opening. This would occur when the 

fuel tank is filled with a high volatility 

gasoline, sealed, and subjected to high 

ambient temperatures. This can occur in 

existing fuel tanks when the manual 

valve is sealed or in a self-sealing fuel 

tank meeting the design standard 

finalized in 2008. An example of a high 

volatility gasoline would be 13 RVP 

wintertime fuel. Under certain 

circumstances, this fuel may be sold in 

the spring for use in boats. If a fuel tank 

containing this fuel were left in the sun 

on a hot day, the fuel could reach a 

‘‘boiling’’ condition where butane 

bubbles are formed in the fuel. In many 

ways, gasoline under this condition 

could be likened to soda pop in a bottle 

that has been shaken. 

Manufacturers performed testing on a 

fuel tank filled to the top with 13 RVP 

gasoline that was sealed and heated 

from 16°C (60°F) to 40°C (104°F). When 

the fuel cap was opened, a significant 

amount of fuel sprayed from the fuel 

tank. This fuel spray was less, but still 

significant when the fuel tank was filled 

to the recommended fill line rather than 

filled all the way up to the top. Fuel 

spillage under these circumstances is 

not only an adverse environmental 

outcome, but could result in a safety 

hazard as well. 

One solution to this issue is to relieve 

pressure slowly prior opening the fuel 

cap. For example, when opening a soda 

pop bottle that has been shaken, we 

commonly crack the cap slightly, to 

slowly relieve pressure and prevent 

spray. Similarly, spraying of fuel from a 

fuel tank can be addressed through the 

addition of a small valve that can be 

opened to slowly relieve pressure before 

opening the fuel cap. The marine 

industry refers to this approach as the 

‘‘pressure relief method,’’ which is 

defined as ‘‘an integrated or external 

manually activated device designed to 

temporarily relieve pressure prior to 

fuel filling or connection to the engine.’’ 

The intent is that the valve would only 

remain open for a short period of time, 

when needed, and the default condition 

of the valve would be in the closed 

position. 

The simplest design under the 

‘‘pressure relief method’’ may be a 

button on the fuel cap that can be 

pressed to allow pressure to slowly 

escape. Once the pressure equalizes, the 

button would be released and the vent 

would return to the closed position. The 

fuel cap would then be opened without 

any risk of fuel spray. 

D. Regulatory Action 

EPA is taking direct final action to 

address the potential spillage problems 

discussed above which exist for current 

tank designs as well as for tanks meeting 

the diurnal design standard finalized in 

2008. First, we are making technical 

amendments to the design standard for 

portable tanks that will allow for the use 

of the ‘‘pressure relief method’’ 

described above. In addition, to 

incorporate the other solutions 

described above, we are incorporating 

safe recommended practices, developed 

through industry consensus, for portable 

marine fuel tanks. EPA does not expect 

that this action will have an adverse 

cost impact to the manufacturers 

beyond that envisioned in the original 

rule. This direct final rule merely 

modifies existing design-based 

certification provisions to incorporate 

safe recommended practices, developed 

through industry consensus, for portable 

marine fuel tanks. Adopting these 

amendments, which are discussed 

below, is expected to lead to 

environmental, cost, and safety benefits 

through reduced fuel spillage. 

1. Pressure Relief Method 

The current regulatory text in 

§ 1060.105(c)(1) states that portable fuel 

tanks ‘‘must be self-sealing (without any 

manual vents) when not attached to the 

engines. The tanks may not vent to the 

atmosphere when attached to an 

engine.’’ Based on this text, the pressure 

relief method described above (see 

section IV.C.3) is not permitted under 

the current regulations. 

When this regulation was drafted, the 

concept of the pressure relief method 

was not envisioned. The intent for this 

regulatory text was simply to ensure 

that any vent on the fuel tank could not 

be left in the open position. The concern 

was that a manual vent could be left in 

the open position, and it was not 

envisioned that a manual vent would be 

added that would default to the closed 

position when released. There is no 

environmental harm for a vent that can 

be temporarily opened prior to opening 

the fuel cap, but that returns to the 

closed position when not activated. The 

reason is that any vapor that is released 

through this vent just prior to opening 

the fuel tank would be released from 

fuel tank anyway when the cap is 

removed. As such, this action is 

emissions neutral with respect to 

diurnal emissions. To the extent that it 

helps prevent fuel spillage, allowing 

such a valve actually results in a net 

benefit to the environment and leads to 

fuel savings. 

To address this issue, we are revising 

the text in § 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 this way, 

there will be no prohibition on using the 

‘‘pressure relief method’’ in new fuel 

tank designs. 

2. Timing 

Although the diurnal requirements for 

portable marine fuel tanks began on 

January 1, 2010, each portable marine 

fuel tank manufacturer selling product 

into the U.S. has requested and received 

a 12 month extension for compliance 

with this regulation. EPA granted these 

requests under § 1068.40, to allow 

development of the industry consensus 

methods and practices to address these 

concerns. Beginning on January 1, 2011 

each manufacturer will be required to 

comply with the diurnal emissions 

standards contained in § 1060.105. 

Taking action through a direct final rule 

will allow for the technical amendments 

to enter into force prior to this date. 

3. Safe Recommended Practices 

Under the auspices of the American 

Boat and Yacht Council (ABYC), the 

recreational marine industry has 

developed safe recommended practices 

for portable marine fuel tanks. These 

practices, which are housed in ABYC 

H25,1 include recent modifications to 

address the fuel spillage issues 

described above for existing fuel tanks 

and fuel tanks meeting the diurnal 

design standard finalized in 2008. These 

modifications include the creation of 

design requirements and system testing 

that must be performed to ensure that 

fuel spillage will not occur under 

pressure relief method and to ensure 

that fuel spray will not occur when 

quick connect fittings are connected or 

disconnected. In addition, ABYC H25 

now includes labeling requirements to 

inform boaters of potential hazards 

associated with fuel under pressure and 

what steps to take. These steps may 

include disconnecting the fuel line from 


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Federal Register / Vol. 75, No. 179 / Thursday, September 16, 2010 / Rules and Regulations 56481 

the engine when not in use and 

activating the pressure relief method 

prior to opening the fuel cap. 

To help ensure that the potential fuel 

spillage issues described above are 

addressed properly, we are 

incorporating, by reference, the ABYC 

H25 pressure relief method system 

testing and informational (e.g. labeling) 

provisions into our regulations. 

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 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 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 direct 

final rule does not include any new 

collection requirements, as it simply 

modifies 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 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 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 final rule on small 

entities, EPA has concluded 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 

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 modifies 

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 

direct final rule merely modifies 

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 action 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 modifies existing designbased 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 direct final rule merely 

modifies 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 

direct final rule merely modifies 

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 


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56482 Federal Register / Vol. 75, No. 179 / Thursday, September 16, 2010 / Rules and Regulations 

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 rulemaking involves technical 

standards. This direct final rule 

modifies 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 final 

rule will 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 direct 

final rule merely modifies existing 

design-based certification requirements 

to incorporate safe recommended 

practices, developed through industry 

consensus, for portable marine fuel 

tanks. 

K. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added 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 each House of the 

Congress and to the Comptroller General 

of the United States. EPA 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 prior to 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 rule 

will be effective on November 15, 2010. 

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 1060 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Confidential 

business information, Imports, 

Incorporation by reference, Labeling, 

Penalties, Reporting and recordkeeping 

requirements, Warranties. 

Dated: September 9, 2010. 

Lisa P. Jackson, 

Administrator. 

■ For the reasons set out in the 

preamble, Title 40, Chapter I of the Code 

of Federal Regulations is amended as 

follows: 

PART 1060—CONTROL OF 

EVAPORATIVE EMISSIONS FROM 

NEW AND INUSE NONROAD AND 

STATIONARY EQUIPMENT 

■ 1. The authority citation for part 1060 

continues to read as follows: 

Authority: 42 U.S.C. 7401–7671q. 

■ 2. Section 1060.105 is amended by 

revising paragraphs (c)(1) and (d) and 

adding a new paragraph (f)(3) to read as 

follows: 

§ 1060.105 What diurnal requirements 

apply for equipment? 

* * * * * 

(c) * * * 

(1) They must be self-sealing when 

detached from the engines. The tanks 

may not vent to the atmosphere when 

attached to an engine. An integrated or 

external manually activated device may 

be included in the fuel tank design to 

temporarily relieve pressure before 

refueling or connecting the fuel tank to 

the engine. However, the default setting 

for such a vent must be consistent with 

the requirement in paragraph (c)(2) of 

this section. 

* * * * * 

(d) Detachable fuel lines that are 

intended for use with portable marine 

fuel tanks must have connection points 

that are self-sealing when not attached 

to the engine or fuel tank. 

* * * * * 

(f) * * * 

(3) You must meet the following 

provisions from ABYC H–25, July 2010 

(incorporated by reference in 

§ 1060.810) with respect to portable 

marine fuel tanks: 

(i) Provide information related to the 

pressure relief method (25.8.2.1 and 

25.8.2.1.1). 

(ii) Perform system testing (25.10 

through 25.10.5). 

■ 3. Section 1060.810 is amended by 

adding a new paragraph (d) to read as 

follows: 

§ 1060.810 What materials does this part 

reference? 

* * * * * 

(d) American Boat and Yacht Council 

Material. Table 4 to this section lists 

material from the American Boat and 

Yacht Council that we have 

incorporated by reference. The first 

column lists the number and name of 

the material. The second column lists 

the sections of this part where we 

reference it. 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/. Table 

4 follows: 

TABLE 4 TO § 1060.810—AMERICAN BOAT AND YACHT COUNCIL MATERIALS

Document No. and name Part 1060 reference 

ABYC H–25, Portable Marine Gasoline Fuel Systems, July 2010 ..................................................................................... 1060.105 


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Federal Register / Vol. 75, No. 179 / Thursday, September 16, 2010 / Rules and Regulations 56483 

[FR Doc. 2010–23126 Filed 9–15–10; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 0910131363–0087–02] 

RIN 0648–XZ08 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Reallocation of Crab 

and Halibut Prohibited Species Catch 

Allowances in the Bering Sea and 

Aleutian Islands Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; reallocation. 

SUMMARY: NMFS is reallocating the 

projected unused amounts of the 2010 

crab and halibut prohibited species 

catch (PSC) allowances assigned to the 

Bering Sea and Aleutian Islands trawl 

limited access sector to the Amendment 

80 cooperative in the Bering Sea and 

Aleutian Islands management area 

(BSAI). This action is necessary to allow 

the Amendment 80 cooperative to fully 

harvest their 2010 groundfish 

allocations. 

DATES: Effective September 13, 2010, 

through 2400 hrs, Alaska local time 

(A.l.t.), December 31, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Steve Whitney, 907–586–7269. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI according to the Fishery 

Management Plan for Groundfish of the 

Bering Sea and Aleutian Islands 

Management Area (FMP) prepared by 

the North Pacific Fishery Management 

Council under authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act. 

Regulations governing fishing by U.S. 

vessels in accordance with the FMP 

appear at subpart H of 50 CFR part 600 

and 50 CFR part 679. 

The 2010 halibut PSC assigned to the 

Bering Sea and Aleutian Islands trawl 

limited access sector is 875 metric tons 

(mt) and to the Amendment 80 

cooperative is 1,754 mt in the BSAI as 

established by the final 2010 and 2011 

harvest specifications for groundfish in 

the BSAI (75 FR 11778, March 12, 

2010). 

The Administrator, Alaska Region, 

NMFS, has determined that 358 mt of 

the halibut PSC assigned to the BSAI 

trawl limited access sector will not be 

needed to support BSAI trawl limited 

access fisheries. Therefore, in 

accordance with § 679.91(f)(4), NMFS is 

reallocating 340 mt of halibut PSC 

assigned to the BSAI trawl limited 

access sector to the Amendment 80 

cooperative in the BSAI. 

The Administrator, Alaska Region, 

NMFS, has also determined that 290,000 

crabs of Zone 1 C. bairdi tanner crab 

PSC, 880,000 crabs of Zone 2 C. bairdi 

tanner crab PSC, and 48,000 crabs of 

Zone 1 red king crab PSC assigned to 

the BSAI trawl limited access sector will 

not be needed to support BSAI trawl 

limited access fisheries. Therefore, in 

accordance with § 679.91(f)(5), NMFS is 

reallocating these crab PSC amounts 

assigned to BSAI trawl limited access 

sector to the Amendment 80 cooperative 

in the BSAI. 

In accordance with § 679.91(f)(1), 

NMFS will reissue cooperative quota 

permits for the reallocated crab and 

halibut PSC following the procedures 

set forth in § 679.91(f)(4) and 

§ 679.91(f)(5). 

The harvest specifications for crab 

and halibut PSC included in the final 

harvest specifications for crab and 

halibut PSC in the BSAI (75 FR 11778, 

March 12, 2010) are revised as follows 

in Tables 8a, 8c, and 8d: 

TABLE 8A—FINAL 2010 AND 2011 APPORTIONMENT OF PROHIBITED SPECIES CATCH ALLOWANCES TO NON-TRAWL GEAR, 

THE CDQ PROGRAM, AMENDMENT 80, AND THE BSAI TRAWL LIMITED ACCESS SECTORS

PSC species Total nontrawl PSC 

Non-trawl 

PSC remaining 

after CDQ 

PSQ 1

Total trawl 

PSC 

Trawl PSC 

remaining 

after CDQ 

PSQ 1

CDQ PSQ 

reserve 1

Amendment 80 sector BSAI trawl 

limited access fishery 2010 2011 

Halibut mortality (mt) BSAI ............................................... 900 832 3,675 3,349 393 2,765 2,375 517 

Herring (mt) BSAI .............................................................. n/a n/a 1,974 n/a n/a n/a n/a n/a 

Red king crab (animals) Zone 1 1 ..................................... n/a n/a 197,000 175,921 21,079 146,920 93,432 5,797 

C. opilio (animals) COBLZ 2 .............................................. n/a n/a 4,350,000 3,884,550 465,450 2,148,156 2,028,512 1,248,494 

C. bairdi crab (animals) Zone 1 2 ...................................... n/a n/a 830,000 741,190 88,810 641,176 331,608 58,285 

C. bairdi crab (animals) Zone 2 ........................................ n/a n/a 2,520,000 2,250,360 269,640 1,479,271 565,966 173,394 

1Section 679.21(e)(3)(i)(A)(2) allocates 326 mt of the trawl halibut mortality limit and § 679.21(e)(4)(i)(A) allocates 7.5 percent, or 67 mt, of the non-trawl halibut 

mortality limit as the PSQ reserve for use by the groundfish CDQ program. The PSQ reserve for crab species is 10.7 percent of each crab PSC limit. 2 Refer to § 679.2 for definitions of zones. 

TABLE 8C—FINAL 2010 AND 2011 PROHIBITED SPECIES BYCATCH ALLOWANCES FOR THE BSAI TRAWL LIMITED ACCESS

SECTOR AND NON-TRAWL FISHERIES

BSAI trawl limited access fisheries 

Prohibited species and area 1

Halibut mortality (mt) 

BSAI 

Red king crab 

(animals) Zone 

1 

C. opilio (animals) COBLZ 

C. bairdi (animals) 

Zone 1 Zone 2 

Yellowfin sole ........................................................... 47 4,000 1,176,494 27,285 160,304 

Rock sole/flathead sole/other flatfish 2 ..................... 0 0 0 0 0 

Turbot/arrowtooth/sablefish 3 ................................... 0 0 0 0 0 

Rockfish April 15–December 31 .............................. 5 0 2,000 0 848 

Pacific cod ................................................................ 275 1,700 50,000 20,000 8,000 


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