15806 Federal Register / Vol. 62, No. 63 / Wednesday, April 2, 1997 / Rules and Regulations

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 91

[FRL–5805–7]

Control of Air Pollution; Amendment to

Emission Requirements Applicable to

New Gasoline Spark-Ignition Marine

Engines

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This rulemaking amends the

regulations applicable to new gasoline

spark-ignition marine engines to address

an oversight regarding the production

line testing program in the final

regulations published on October 4,

1996, (61 FR 52087). No air quality

impact is expected from these

amendments. This amendment will

allow spark-ignition marine engine

manufacturers to delay the

implementation of the production line

testing program until MY 1999 for

outboard engines and until MY 2000 for

personal watercraft engines.

DATES: This final rule takes effect on

April 2, 1997.

ADDRESSES: For information or

compliance assistance, manufacturers

who must comply with this regulation

may contact the Office of Mobile

Sources, Engine Programs and

Compliance Division, Engine

Compliance Programs Group (6403J),

401 M Street S.W., Washington, D.C.

20460.

Materials relevant to this rulemaking

are contained in Docket Number A–92–

28 and may be reviewed at that location

from 8:00 am until 5:30 pm Monday

through Friday. As provided in 40 CFR

Part 2, a reasonable fee may be charged

by EPA for photocopying.

FOR FURTHER INFORMATION CONTACT:

James Blubaugh, Office of Mobile

Sources, Engine Programs and

Compliance Division (6403J), 401 M

Street S.W., Washington, D.C. 20460,

202–233–9244.

SUPPLEMENTARY INFORMATION:

I. Regulated Entities

Entities potentially regulated by this

action are those which manufacture

spark-ignition marine engines.

Regulated categories and entities

include:

Category Examples of regulated entities

Industry .... Manufacturers of spark ignition

marine engines.

This table is not intended to be

exhaustive, but rather provides a guide

for readers regarding entities likely to be

regulated by this action. This table lists

the types of entities that EPA is now

aware could potentially be regulated by

this action. Other types of entities not

listed in the table could also be

regulated. To determine whether your

product is regulated by this action, you

should carefully examine the

applicability criteria in § 91.1 of title 40

of the Code of Federal Regulations. If

you have questions regarding the

applicability of this action to a

particular product, consult the person

listed in the preceding FOR FURTHER

INFORMATION CONTACT section.

II. Obtaining Copies of the Regulatory

Language

Electronic Copies of Rulemaking

Documents: Electronic copies of the

preamble and the regulatory text of this

rulemaking are available via the Internet

on the Office of Mobile Sources (OMS)

Home Page (http://www.epa.gov/

OMSWWW/).

Users can find Marine Engine

information and documents through the

following path once they have accessed

the OMS Home Page: ‘‘Marine Engines.’’

Electronic copies of the preamble and

the regulatory text of this rulemaking

are also available on the Office of Air

Quality Planning and Standards

(OAQPS) Technology Transfer Network

Bulletin Board System (TTN BBS).

Users are able to access and download

TTN BBS files on their first call. After

logging onto TTN BBS, to navigate

through the BBS to the files of interest,

the user must enter the appropriate

command at each of a series of menus.

The steps required to access information

on this rulemaking are listed below. The

service is free, except for the cost of the

phone call.

TTN BBS: 919–541–5742 (1,200–

14,400 bps, no parity, eight data bits,

one stop bit). Voice help: 919–541–

5384. Internet address: TELNET

ttnbbs.rtpnc.epa.gov Off-line: Mondays

from 8:00–12:00 Noon ET.

1. Technology Transfer Network Top

Menu: GATEWAY TO TTN

TECHNICAL AREAS (Bulletin

Boards)

2. TTN TECHNICAL INFORMATION

AREAS: OMS—Mobile Sources

Information

3. OMS BBS—MAIN MENU FILE

TRANSFERS: Rulemaking &

Reporting

4. RULEMAKING PACKAGES: Nonroad

5. Nonroad Rulemaking Area: File Area

#2 . . . Nonroad Engines

6. Nonroad marine engines

At this stage, the system will list all

available nonroad marine engine files.

To download a file, select a transfer

protocol which will match the terminal

software on your computer, then set

your own software to receive the file

using that same protocol.

If unfamiliar with handling

compressed (i.e., ZIP’d) files, go to the

TTN top menu, System Utilities

(Command: 1) for information and the

necessary program to download in order

to unZIP the files of interest after

downloading to your computer. After

getting the files you want onto your

computer, you can quit TTN BBS with

the <G>oodbye command.

III. Table of Contents

I. Regulated Entities

II. Obtaining Copies of the Regulatory

Language

III. Table of Contents

IV. Statutory Authority and Background

A. Statutory Authority

B. Background

V. Implementation Dates for the Production

Line Testing Program

A. Discussion

B. Regulatory Approach

VII. Final Action

VIII. Cost Effectiveness

IX. Administrative Requirements

A. Administrative Designation

B. Reporting and Recordkeeping

Requirements

C. Impact on Small Entities

D. Submission to Congress and the General

Accounting Office

E. Unfunded Mandates Act

IV. Statutory Authority and

Background

A. Statutory Authority

Authority for the action in this notice

is granted to EPA by sections 206, 208,

213, and 301(a) of the Clean Air Act as

amended (42 U.S.C. 7525, 7542, 7547,

and 7601(a)).

B. Background

EPA promulgated final regulations

applicable to gasoline spark-ignition

marine engines (marine SI engines) on

July 31, 1996 (61 FR 52087, October 4,

1996).

In the Supplemental Notice of

Proposed Rulemaking for the marine SI

rule (61 FR 4600, February 7, 1996),

EPA proposed that the compliance date

for the production line testing program

be delayed one year. The program

would become effective in model year

1999 for outboard engines and in model

year 2000 for personal watercraft

engines. This would allow marine SI

engine manufacturers time to prepare

their production facilities with all of the

necessary equipment and resources to

comply with the production line testing
Federal Register / Vol. 62, No. 63 / Wednesday, April 2, 1997 / Rules and Regulations 15807

requirements. Comments received from

industry during the comment period

indicated their support for such a delay,

and there were no adverse comments

regarding the delay. In the Summary

and Analysis of Comments Document

supporting the final rule, EPA stated

that the production line testing program

becomes effective in model year 1999

for outboard engines and in model year

2000 for personal watercraft engines.

(Summary and Analysis of Comments,

Emission Standards for New Gasoline

Spark-Ignition Marine Engines, June

1996). Inadvertently, this decision was

not reflected in the regulatory text.

V. Implementation Dates for the

Production Line Testing Program

A. Discussion

Today’s notice finalizes the provision,

as intended by EPA, to implement the

production line testing program in

model year 1999 for outboard engines

and in model year 2000 for personal

watercraft engines.

As indicated above, in the

Supplemental Notice of Proposed

Rulemaking for the marine SI rule (61

FR 4600, February 7, 1996), EPA

proposed that the requirements for the

production line testing program become

effective in model year 1999 for

outboard engines and in model year

2000 for personal watercraft engines.

Comments received from industry

during the comment period indicated

their support for such a delay. There

were no adverse comments regarding

the delay. Today’s notice corrects an

oversight and finalizes a provision, as

proposed in the SNPRM, that

implements the production line testing

program in model year 1999 for

outboard engines and in model year

2000 for personal watercraft engines.

B. Regulatory approach

The Agency is implementing the

desired changes by amending the

existing Manufacturer Production Line

Testing Program applicability provision

at 40 CFR 91.501. The amendment adds

language regarding the applicable date

of the manufacturer production line

testing program.

VII. Final Action

The Clean Air Act and Administrative

Procedure Act generally require EPA to

provide prior notice and opportunity for

public comment before issuing a final

rule. 42 U.S.C. 7607(d), 5 U.S.C. 553 (b),

(c). Rules are exempt from this

requirement if EPA finds for good cause

that notice and comment are

unnecessary. 42 U.S.C. 7607(d)(1), 5

U.S.C. 553(b)(3)(B).

EPA has determined that providing

prior notice and opportunity for public

comment on the amendment of the

applicability date for the marine SI

engine production line testing program

is unnecessary. As discussed above, this

notice corrects an oversight by the

Agency in preparing the final

regulations for marine SI engines. In

1995, the Agency proposed a delay in

the implementation date of the

production line testing program and

offered an opportunity for comment on

that proposal. A repetition of that notice

and opportunity for public comment is

unnecessary given that EPA is merely

correcting an oversight in the

preparation of the final regulations.

For the same reasons, EPA believes

there is good cause for making the

amendment contained in this notice

effective immediately. See 5 U.S.C.

553(d).

VIII. Cost Effectiveness

This rulemaking alters an existing

provision by allowing marine SI engine

manufacturers to have greater flexibility

in implementing the production line

testing program. Therefore, because this

rulemaking alters an existing provision,

and that alteration provides regulatory

relief, there are no additional costs to

marine SI engine manufacturers

associated with this specific final

action.

The costs and emission reductions

associated with the Marine SI rule were

developed for the October 4, 1996, final

rulemaking. The change being

implemented today does not affect the

costs and emission reductions

published as part of that rulemaking,

because the change implemented today

was factored into the development of

those costs and emission reductions.

IX. Administrative Requirements

A. Administrative Designation

Under Executive Order 12866 (58 FR

51735, October 4, 1993), the Agency

must determine whether the regulatory

action is ‘‘significant’’ and therefore

subject to OMB review and the

requirements of the Executive Order.

The Order defines ‘‘significant

regulatory action’’ as one that is likely

to result in a rule that may:

(1) Have an annual effect on the

economy of $100 million or more or

adversely affect in a material way the

economy, a sector of the economy,

productivity, competition, jobs, the

environment, public health or safety, or

State, local, or tribal governments or

communities;

(2) create a serious inconsistency or

otherwise interfere with an action taken

or planned by another agency;

(3) materially alter the budgetary

impact of entitlements, grants, user fees,

or loan programs or the rights and

obligations of recipients thereof; or,

(4) raise novel legal or policy issues

arising out of legal mandates, the

President’s priorities, or the principles

set forth in the Executive Order.

It has been determined that this rule

is not a ‘‘significant regulatory action’’

under the terms of Executive Order

12866 and is therefore not subject to

OMB review.

B. Reporting and Recordkeeping

Requirements

This final rulemaking does not change

the information collection requirements

submitted to and approved by OMB in

association with the Marine SI final

rulemaking (61 FR 52087, October 4,

1996).

C. Impact on Small Entities

EPA has determined that it is not

necessary to prepare a regulatory

flexibility analysis in connection with

this final rule. EPA has also determined

that this rule will not have a significant

adverse economic impact on a

substantial number of small businesses.

Instead, this rulemaking will provide

regulatory relief to both large and small

volume engine manufacturers by

permitting greater flexibility in

implementing the production line

testing program.

D. Submission to Congress and the

General Accounting Office

Under 5 U.S.C. 801(a)(1)(A) as added

by the Small Business Regulatory

Enforcement Fairness Act of 1996,

Public Law 104–121, EPA submitted a

report containing this rule and other

required information to the U.S. Senate,

the U.S. House of Representatives and

the Comptroller General of the General

Accounting Office prior to publication

of the rule in today’s Federal Register.

This rule is not a ‘‘major rule’’ as

defined by 5 U.S.C. 804(2).

E. Unfunded Mandates Act

Under Section 202 of the Unfunded

Mandates Reform Act of 1995

(‘‘Unfunded Mandates Act’’), Public

Law 104–4, EPA must prepare a

budgetary impact statement to

accompany any proposed or final rule

that includes a Federal mandate that

may result in estimated costs to State,

local, or tribal governments in the

aggregate, or to the private sector, of

$100 million or more in any one year.

Under Section 205, EPA must select the

least costly, most cost effective or least

burdensome alternative that achieves

the objectives of the rule and is
15808 Federal Register / Vol. 62, No. 63 / Wednesday, April 2, 1997 / Rules and Regulations

consistent with statutory requirements.

Section 203 requires EPA to take certain

steps before finalizing a rule that may

significantly or uniquely affect small

governments.

EPA has determined that the action

finalized today does not include a

Federal mandate that may result in

estimated costs of $100 million or more

to either State, local, and tribal

governments in the aggregate, or to the

private sector, and does not significantly

or uniquely affect small governments.

List of Subjects in 40 CFR Part 91

Environmental protection,

Administrative practice and procedure,

Air pollution control, Confidential

business information, Imports,

Incorporation by reference, Labeling,

Nonroad source pollution, Reporting

and recordkeeping requirements.

Dated: March 27, 1997.

Carol M. Browner,

Administrator.

For the reasons set out in the

preamble, title 40, chapter I, of the Code

of Federal Regulations, is amended as

set forth below.

PART 91—CONTROL OF EMISSIONS

FROM MARINE SPARK-IGNITION

ENGINES

1. The authority citation for part 91

continues to read as follows:

Authority: Sections 203, 204, 205, 206,

207, 208, 209, 213, 215, 216, and 301(a) of

the Clean Air Act, as amended (42 U.S.C.

7522, 7523, 7524, 7525, 7541, 7542, 7543,

7547, 7549, 7550, and 7601(a)).

2. Section 91.501 is amended by

adding paragraphs (a)(1) and (a)(2) to

read as follows:

§ 91.501 Applicability.

(a) * * *

(1) This subpart F applies to marine

spark-ignition outboard engines

beginning with model year 1999.

(2) This subpart F applies to marine

spark-ignition personal watercraft

engines beginning with model year

2000.

* * * * *

[FR Doc. 97–8380 Filed 4–1–97; 8:45 am]

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