[Federal Register Volume 75, Number 179 (Thursday, September 16, 2010)]
[Rules and Regulations]
[Pages 56477-56483]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-23126]


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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.

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SUMMARY: In the final rulemaking for new exhaust and evaporative 
emissions standards for nonroad spark-ignition engines, vessels, and 
equipment (73 FR 59034, October 8, 2008), EPA established first-ever 
evaporative emissions standards for marine vessels. These requirements 
included portable marine fuel tanks commonly used in recreational 
boating. During their efforts to certify portable fuel tanks to these 
new requirements, manufacturers working together on systems integration 
identified several technical issues with the performance of the tanks/
fuel systems in use that were not fully apparent to them before these 
standards were developed. Systems integration work conducted by the 
fuel tank, boat and engine manufacturers highlighted that under some 
circumstances there was the potential for fuel spillage to occur. Work 
conducted by these parties 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:
    <bullet> http://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
    <bullet> E-mail: <a href="/cdn-cgi/l/email-protection#6a0b470b040e4718470e0509010f1e2a0f1a0b440d051c"><span class="__cf_email__" data-cfemail="a9c884c8c7cd84db84cdc6cac2ccdde9ccd9c887cec6df">[email protected]</span></a>.
    <bullet> Fax: (202) 566-9744.
    <bullet> 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.
    <bullet> 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 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. 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: <a href="/cdn-cgi/l/email-protection#fc8f9d9189908f9795d291959f949d9990bc998c9dd29b938a"><span class="__cf_email__" data-cfemail="b8cbd9d5cdd4cbd3d196d5d1dbd0d9ddd4f8ddc8d996dfd7ce">[email protected]</span></a>.

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

[[Page 56478]]

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.

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

III. 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:
    <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

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

[[Page 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 Sec.  1060.105). This can be 
achieved by replacing the user-controlled 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

[[Page 56480]]

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[deg]C 
(60[deg]F) to 40[deg]C (104[deg]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 Sec.  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 Sec.  
1060.105(c)(1) to allow for an integrated or external manually 
activated device to be included in the fuel tank design to temporarily 
relieve pressure prior to fuel filling or connection to the engine. In 
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 Sec.  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 Sec.  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

[[Page 56481]]

the engine when not in use and activating the pressure relief method 
prior to opening the fuel cap.
---------------------------------------------------------------------------

    \1\ American Boat and Yacht Council (ABYC), ``ABYC H-25: 
Portable Marine Gasoline Fuel Systems,'' July, 2010.
---------------------------------------------------------------------------

    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 design-based certification requirements to 
incorporate safe recommended practices, developed through industry 
consensus, for portable marine fuel tanks. Thus, Executive Order 13132 
does not apply to this action.

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

    This action does not have tribal implications, as specified in 
Executive Order 13175 (65 FR 67249, November 9, 2000). This 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

[[Page 56482]]

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.


0
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

0
1. The authority citation for part 1060 continues to read as follows:

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


0
2. Section 1060.105 is amended by revising paragraphs (c)(1) and (d) 
and adding a new paragraph (f)(3) to read as follows:


Sec.  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 Sec.  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).

0
3. Section 1060.810 is amended by adding a new paragraph (d) to read as 
follows:


Sec.  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 Sec.   1060.810--American Boat and Yacht Council Materials
------------------------------------------------------------------------
             Document No. and name                 Part 1060 reference
------------------------------------------------------------------------
ABYC H-25, Portable Marine Gasoline Fuel                        1060.105
 Systems, July 2010............................
------------------------------------------------------------------------


[[Page 56483]]

[FR Doc. 2010-23126 Filed 9-15-10; 8:45 am]
BILLING CODE 6560-50-P


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