Draft Version Sent to OMB, 4/10/07

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 94

[EPA-HQ-OAR-2007-0120; FRL_XXXX-X]

RIN 2060-A026

Change in Deadline for Rulemaking to Address the Control of Emissions
from New Marine Compression-Ignition Engines at or Above 30 Liters per
Cylinder

AGENCY:  Environmental Protection Agency (EPA).

ACTION:  Direct Final Rule.

SUMMARY:    SEQ CHAPTER \h \r 1  A January 2003 final rule established
the first US emission standards for new compression-ignition Category 3
marine engines, those with a displacement at or above 30 liters per
cylinder displacement.  It also established a deadline of April 27, 2007
for EPA to promulgate a new tier of emission standards for these engines
as determined appropriate under Clean Air Act (CAA) section 213(a). 
This rulemaking schedule was intended to allow EPA time to consider the
state of technology that may permit deeper emission reductions and the
status of international action for more stringent standards.  Since
2003, we have continued to gain a greater understanding of the technical
issues described in the final rule and to assess the continuing efforts
of manufacturers to apply advanced emission control technologies to
these very large engines, through ongoing discussions with various
stakeholders.  In addition, we have continued to work with and through
the International Maritime Organization (IMO) toward more stringent
international emission standards that would apply to all new marine
diesel engines on ships engaged in international transportation.  IMO is
an important forum for EPA to gather new information and data regarding
emission control technologies, costs, and other information on Category
3 engines and vessels.  IMO is also important because the majority of
ships used in international commerce are flagged in other nations.  Due
to the length of time necessary to assess advanced emission control
technologies much of the information that we believe is necessary to
develop more stringent Category 3 marine diesel engines standards has
only become available recently and we expect more information to come to
light in the course of the current negotiations underway at the IMO. 
Therefore, EPA is adopting a new deadline for the rulemaking that will
consider the next tier of Category 3 marine diesel engine standards. 
Under this new schedule, EPA would adopt a final rule by December 17,
2009.

 

DATES:    SEQ CHAPTER \h \r 1 This rule is effective on [Insert date 60
days from date of publication in the Federal Register] without further
notice, unless EPA receives adverse comment by [Insert date 30 days from
date of publication in the Federal Register] or a request for a public
hearing by [Insert date 20 days after date of publication in the Federal
Register].  If a hearing is requested by this date, it will be held at a
time and place to be published in the Federal Register.  After the
hearing, the docket for this rulemaking will remain open for an
additional 30 days to receive comments.  If a hearing is held, EPA will
publish a document in the Federal Register extending the comment period
for 30 days after the hearing.  If EPA receives adverse comments or a
request for public hearing, it will publish a timely withdrawal of the
direct final rule in Federal Register and inform the public that the
rule will not take effect.

ADDRESSES:  Submit your comments, identified by Docket ID No.
EPA-HQ-OAR-2007-0120, by one of the following methods:

  HYPERLINK "http://www.regulations.gov"  www.regulations.gov : Follow
the on-line instructions for submitting comments

Email:       HYPERLINK "mailto:a-and-r-docket@epa.gov" 
a-and-r-docket@epa.gov 

Fax:  (202) 566-1741

Mail: Environmental Protection Agency, Mail Code: 6102T, 1200
Pennsylvania Ave., NW, Washington, DC, 20460.  Please include two
copies.

Hand Delivery: EPA Docket Center (Air Docket), U.S. Environmental
Protection Agency, EPA West Building, 1301 Constitution Avenue, NW.,
Room: 3334 Mail Code: 6102T, Washington, DC.  Such deliveries are only
accepted during the Docket’s normal hours of operation, and special
arrangements should be made for deliveries of boxed information.

Instructions:  Direct your comments to Docket ID No.
EPA-HQ-OAR-2007-0120.  EPA's policy is that all comments received will
be included in the public docket without change and may be made
available online at   HYPERLINK "http://www.regulations.gov" 
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  
HYPERLINK "http://www.regulations.gov"  www.regulations.gov  website 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.

Docket: All documents in the docket are listed in the   HYPERLINK
"http://www.regulations.gov"  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   HYPERLINK
"http://www.regulations.gov"  www.regulations.gov  or in hard copy at
the EPA Docket Center, EPA/DC, EPA West, Room 3334, 1301 Constitution
Avenue, NW., Washington, DC. The Public Reading Room is open from 8:30
a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the Public Reading Room is (202) 566-1744, and the
telephone number for the Air Docket is (202) 566-1742.

Public Hearing:  To request a public hearing, contact Mike Samulski at
(734) 214-4532 or samulski.michael@epa.gov.  If a public hearing is
held, persons wishing to testify must submit copies of their testimony
to the docket and to Mike Samulski at the address below, no later than
10 days prior to the hearing.

FOR FURTHER INFORMATION CONTACT: Michael Samulski, Assessment and
Standards Division, Office of Transportation and Air Quality, 2000
Traverwood Drive, Ann Arbor, MI, 48105; telephone number:  (734)
214-4532;  fax number: (734) 214-4050; email address:     HYPERLINK
"mailto:larson.robert@epa.gov."  samulski.michael@epa.gov .

  SEQ CHAPTER \h \r 1 SUPPLEMENTARY INFORMATION:

I.   Why is EPA Using a Direct Final Rule?

	EPA is publishing this as a direct final rule because we view this as a
relatively noncontroversial action.  Based on what we have learned in
our consultations over the past several years, we do not believe that
this extension will delay the achievement of further emission reductions
from Category 3 marine engines beyond what could potentially have been
achieved and creates the opportunity for the development and
implementation of a more effective program for the longer term. 
However, in the “Proposed Rules” section of today’s Federal
Register, we are publishing a separate document that will serve as the
proposed rule to consider adoption of the provisions in this direct
final rule if adverse comments or a request for a public hearing are
received on this action. We will not institute a second comment period
on this action.  Any parties interested in commenting must do so at this
time.  For further information about commenting on this rule, see the
ADDRESSES section of this document.

If EPA receives adverse comment or a request for a public hearing, we
will publish a timely withdrawal in the Federal Register informing the
public that this direct final rule will not take effect.  We would
address all public comments in any subsequent final rule based on the
proposed rule.

II.   Does This Action Apply to Me?

	This action will affect companies that manufacture, sell, or import
into the United States new marine compression-ignition engines for use
on vessels flagged or registered in the United States; companies and
persons that make vessels that will be flagged or registered in the
United States and that use such engines; and the owners or operators of
such U.S. vessels.  This action may also affect companies and persons
that rebuild or maintain these engines.  Affected categories and
entities include the following:

Category	NAICS Codea	Examples of potentially affected entities

Industry	333618	Manufacturers of new marine diesel engines.

Industry	336611	Manufacturers of marine vessels.

Industry	811310	Engine repair and maintenance.

Industry	483	Water transportation, freight and passenger.

a North American Industry Classification System (NAICS)

	This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action.  To determine whether particular activities may be affected by
this action, you should carefully examine the regulations.  You may
direct questions regarding the applicability of this action as noted in
FOR FURTHER INFORMATION CONTACT.

III. What Should I Consider as I Prepare My Comments for EPA?

	A.  Submitting CBI.  Do not submit Confidential Business Information
(CBI) to EPA through www.regulations.gov or e-mail.  Clearly mark the
part or all of the information that you claim to be CBI.  For CBI
information in a disk or CD ROM that you mail to EPA, mark the outside
of the disk or CD ROM as CBI and then identify electronically within the
disk or CD ROM the specific information that is claimed as CBI.  In
addition to one complete version of the comment that includes
information claimed as CBI, a copy of the comment that does not contain
the information claimed as CBI must be submitted for inclusion in the
public docket.  Information so marked will not be disclosed except in
accordance with procedures set forth in 40 CFR Part 2.

	

	B.  Tips for Preparing Your Comments.  When submitting comments,
remember to:

Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).

Follow directions - The agency may ask you to respond to specific
questions or organize comments by referencing a Code of Federal
Regulations (CFR) part or section number.

Explain why you agree or disagree; suggest alternatives and substitute
language for your requested changes.

Describe any assumptions and provide any technical information and/or
data that you used.

If you estimate potential costs or burdens, explain how you arrived at
your estimate in sufficient detail to allow for it to be reproduced.

Provide specific examples to illustrate your concerns, and suggest
alternatives.

Explain your views as clearly as possible, avoiding the use of profanity
or personal threats.

Make sure to submit your comments by the comment period deadline
identified.

IV. Summary of Rule

	In January 2003, we adopted standards for new Category 3
compression-ignition marine engines, at or above 30 liters per cylinder
displacement.  The program we adopted reflected a two-part approach. 
EPA evaluated the emissions control potential from various kinds of
technology, alone or in combination, including (1) the in-cylinder
controls currently used on new marine engines to meet the international
consensus NOx standards contained in the International Convention for
the Prevention of Pollution from Ships (MARPOL Annex VI); (2) additional
use and optimization of these controls; and (3) more advanced
technologies such as SCR and water injection, EPA concluded that it
would not be appropriate to adopt long-term technology forcing standards
in that rulemaking.  Instead, we set a near-term standard effective in
2004 that is equivalent to the MARPOL Annex VI oxides of nitrogen (NOx)
standard and can be achieved through existing emissions control
technology.  We also committed to a subsequent rulemaking that would
review the Tier 1 near-term standards and if appropriate revise them
with a deadline to complete that rulemaking by April 27, 2007.  That
rulemaking schedule was intended to allow us additional time to consider
the state of technology that may permit deeper reductions and the status
of international action for more stringent standards.  We also stated we
would consider an additional tier of standards based on this assessment
of technological feasibility and other factors and consider the
application of these standards to foreign-flagged vessels that enter
U.S. ports.

	In assessing the potential of advance emission control technologies we
concluded that while further reductions could be achieved if a longer
lead time were allowed, a variety of technical reasons made it more
appropriate to defer final action on such longer-term standards to a
second rule-making.  An additional reason supporting this two-tier
approach was to facilitate international negotiations over the next
round of reductions that could be implemented under Annex VI, which in
turn could facilitate EPA’s regulatory program to reduce emissions
from Category 3 marine diesel engines.  IMO is an important forum for
EPA to gather new information and data regarding emission control
technology, costs, and other information.  The opportunity at IMO for
stringent international standards is also important because the vast
majority of vessels with Category 3 marine diesel engines that enter
U.S. waters are flagged outside the United States.  We are engaged in
the IMO negotiations with the understanding that adopting appropriate
international standards would be the most efficient mechanism to control
emissions from U.S. and foreign flagged vessels.  

	In the past few years, new information has become available regarding
the effectiveness of advance emission control technologies on Category 3
engines which will assist us in developing new standards.  In addition,
the IMO has only recently begun negotiations for a new tier of
international standards.  EPA is actively engaged in these negotiations
as a member of the United States delegation, and the United States
recently submitted a proposal to IMO that describes a framework for
emission limits that, if enacted, could achieve significant reductions
in NOx, particulate matter (PM), and oxides of sulfur (SOx) emissions
from marine vessels.  We expect this framework to form the basis of our
domestic rulemaking proposal.  We are developing an Advance Notice of
Proposed Rulemaking under section 213 of the Clean Air Act which
describes EPA’s current thinking with regard to potential new
requirements for Category 3 marine powered vessels and identifies and
discusses a number of important issues upon which we will seek comment. 
 We expect to issue the Advanced Notice within the next few months.

	In recognition of the current situation, EPA is taking this action to
establish a new rulemaking deadline that will facilitate our ability to
achieve this objective as part of the international process and through
the adoption of the same requirements through an EPA rulemaking. 
Today’s action will establish a new rulemaking deadline of December
17, 2009 for a final rule addressing additional emission standards for
Category 3 marine engines that we determine are appropriate under
section 213(a)(3).

	Concurrent with conducting a rulemaking under CAA section 213(a) for
Category 3 marine powered vessels, we will continue to promote more
stringent standards at IMO and encourage the IMO to adopt emission
controls for Category 3 marine powered vessels that seek to aggressively
reduce the impact of marine ships on air quality.

V.  Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review 

	This action is not a "significant regulatory action" under the terms of
Executive Order (EO) 12866 (58 FR 51735, October 4, 1993) and is
therefore not subject to review under the EO. This direct final rule
merely changes the regulatory schedule for a rulemaking to address
emissions from Category 3 marine engines.  There are no new costs
associated with this rule. 

B. Paperwork Reduction Act 

	This action does not impose any new information collection burden. 
This direct final rule merely changes the regulatory schedule for a
rulemaking to address emissions from Category 3 marine engines. 
However, the Office of Management and Budget (OMB) has previously
approved the information collection requirements contained in the
existing regulations [40 CFR 94]  under the provisions of the Paperwork
Reduction Act, 44 U.S.C. 3501 et seq. and has assigned OMB control
number 2060-0287, EPA ICR number 1684.08.  A copy of the OMB approved
Information Collection Request (ICR) may be obtained from Susan Auby,
Collection Strategies Division; U.S. Environmental Protection Agency
(2822T); 1200 Pennsylvania Ave., NW, Washington, DC 20460 or by calling
(202) 566-1672. 

	Burden means the total time, effort, or financial resources expended by
persons to generate, maintain, retain, or disclose or provide
information to or for a Federal agency. This includes the time needed to
review instructions; develop, acquire, install, and utilize technology
and systems for the purposes of collecting, validating, and verifying
information, processing and maintaining information, and disclosing and
providing information; adjust the existing ways to comply with any
previously applicable instructions and requirements; train personnel to
be able to respond to a collection of information; search data sources;
complete and review the collection

of information; and transmit or otherwise disclose the information. 

  

	An agency may not conduct or sponsor, and a person is not required to
respond to a collection of information unless it displays a currently
valid OMB control number. The OMB

control numbers for EPA's regulations in 40 CFR are listed in 40 CFR
part 9. 

C. Regulatory Flexibility Act

	The Regulatory Flexibility Act (RFA) generally requires an agency to
prepare a regulatory flexibility analysis of any rule subject to notice
and comment rulemaking requirements under the Administrative Procedure
Act or any other statute unless the agency certifies that the rule will
not have a significant economic impact on a substantial number of small
entities.  Small entities include small businesses, small organizations,
and small governmental jurisdictions. 

	For purposes of assessing the impacts of this final rule on small
entities, a small entity is defined as: (1) A small business that meet
the definition for business based on SBA size standards at 13 CFR
121.201; (2) a small governmental jurisdiction that is a government of a
city, county, town, school district or special district with a
population of less than 50,000; and (3) a small organization that is any
not-for-profit enterprise which is independently owned and operated and
is not dominant in its field.  

	After considering the economic impacts of today's final rule on small
entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities.  In
determining whether a rule has a significant economic impact on a
substantial number of small entities, the impact of concern is any
significant adverse economic impact on small entities, since the primary
purpose of the regulatory flexibility analyses is to identify and
address regulatory alternatives "which minimize any significant economic
impact of the rule on small entities." 5 USC 603 and 604. Thus, an
agency may certify that a rule will not have a significant economic
impact on a substantial number of small entities if the rule relieves
regulatory burden, or otherwise has a positive economic effect on all of
the small entities subject to the rule.  

	This direct final rule merely changes the regulatory schedule for a
rulemaking to address emissions from Category 3 marine engines.  We have
therefore concluded that today's final rule will relieve regulatory
burden for all affected small.

D. Unfunded Mandates Reform Act 

	Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public Law
104-4, establishes requirements for federal agencies to assess the
effects of their regulatory actions on state, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with “federal mandates” that
may result in expenditures to state, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
one year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and to adopt
the least costly, most cost-effective, or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective, or least burdensome alternative if the
Administrator publishes with the final rule an explanation of why such
an alternative was adopted. 

	Before EPA establishes any regulatory requirements that may
significantly or uniquely affect small governments, including tribal
governments, it must have developed under section 203 of the UMRA a
small government agency plan. The plan must provide for notifying
potentially affected small governments, enabling officials of affected
small governments to have meaningful and timely input in the development
of EPA regulatory proposals with significant federal intergovernmental
mandates, and informing, educating, and advising small governments on
compliance with the regulatory requirements. 

	This rule contains no federal mandates for state, local, tribal
governments, or the private sector as defined by the provisions of Title
II of the UMRA. The rule imposes no enforceable duties on any of these
governmental entities. This rule contains no regulatory requirements
that would significantly or uniquely affect small governments. EPA has
determined that this rule contains no federal mandates that may result
in expenditures of more than $100 million to the private sector in any
single year.  This direct final rule merely changes the regulatory
schedule for a rulemaking to address emissions from Category 3 marine
engines.  This rule is not subject to the requirements of sections 202
and 205 of UMRA.

E. Executive Order 13132: Federalism 

	Executive Order 13132, entitled “Federalism” (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
“meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.”
“Policies that have federalism implications” are defined in the
Executive Order to include regulations that have “substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.” 

	Under Section 6 of Executive Order 13132, EPA may not issue a
regulation that has federalism implications, that imposes substantial
direct compliance costs, and that is not required by statute, unless the
Federal government provides the funds necessary to pay the direct
compliance costs incurred by State and local governments, or EPA
consults with State and local officials early in the process of
developing the regulation. EPA also may not issue a regulation that has
federalism implications and that preempts State law, unless the Agency
consults with State and local officials early in the process of
developing the regulation. 

	Section 4 of the Executive Order contains additional requirements for
rules that preempt State or local law, even if those rules do not have
federalism implications (i.e., the rules will not have substantial
direct effects on the States, on the relationship between the national
government and the states, or on the distribution of power and
responsibilities among the various levels of government). Those
requirements include providing all affected State and local officials
notice and an opportunity for appropriate participation in the
development of the regulation. If the preemption is not based on express
or implied statutory authority, EPA also must consult, to the extent
practicable, with appropriate State and local officials regarding the
conflict between State law and Federally protected interests within the
agency's area of regulatory responsibility. 

	This rule does not have federalism implications. It will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132.  This direct final rule merely
changes the regulatory schedule for a rulemaking to address emissions
from Category 3 marine engines.  Thus, Executive Order 1312 does not
apply to this rule.

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

	Executive Order 13175, entitled “Consultation and Coordination with
Indian Tribal Governments” (59 FR 22951, November 6, 2000), requires
EPA to develop an accountable process to ensure “meaningful and timely
input by tribal officials in the development of regulatory policies that
have tribal implications.” “Policies that have tribal
implications” is defined in the Executive Order to include regulations
that have “substantial direct effects on one or more Indian tribes, on
the relationship between the Federal government and the Indian tribes,
or on the distribution of power and responsibilities between the Federal
government and Indian tribes.” 

	This rule does not have tribal implications. It will not have
substantial direct effects on tribal governments, on the relationship
between the Federal government and Indian tribes, or on the distribution
of power and responsibilities between the Federal government and Indian
tribes, as specified in Executive Order 13175. This rule does not
uniquely affect the communities of Indian Tribal Governments. Further,
no circumstances specific to such communities exist that would cause an
impact on these communities beyond those discussed in the other sections
of this rule. This direct final rule merely changes the regulatory
schedule for a rulemaking to address emissions from Category 3 marine
engines.  Thus, Executive Order 13175 does not apply to this rule. 

G. Executive Order 13045: Protection of Children from Environmental
Health and Safety Risks 

	Executive Order 13045, “Protection of Children from Environmental
Health Risks and Safety Risks” (62 FR 19885, April 23, 1997) applies
to any rule that (1) is determined to be “economically significant”
as defined under Executive Order 12866, and (2) concerns an
environmental health or safety risk that EPA has reason to believe may
have a disproportionate effect on children. If the regulatory action
meets both criteria, Section 5-501 of the Order directs the Agency to
evaluate the environmental health or safety effects of the planned rule
on children, and explain why the planned regulation is preferable to
other potentially effective and reasonably feasible alternatives
considered by the Agency. 

	This rule is not subject to the Executive Order because it is not
economically significant as defined in EO 12866, and because the Agency
does not have reason to believe the environmental health or safety risks
addressed by this action present a disproportionate risk to children. 
This direct final rule merely changes the regulatory schedule for a
rulemaking to address emissions from Category 3 marine engines.

H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use 

	This rule is not a “significant energy action” as defined in
Executive Order 13211, “Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use” (66 FR
28355, May 22, 2001) because it is not likely to have a significant
adverse effect on the supply, distribution or use of energy.  This
direct final rule merely changes the regulatory schedule for a
rulemaking to address emissions from Category 3 marine engines.

I. National Technology Transfer and Advancement Act 

	

	Section 12(d) of the National Technology Transfer and Advancement Act
of 1995 (“NTTAA”), Public Law 104-113, section 12(d) (15 U.S.C. 272
note) directs EPA to use voluntary consensus standards in its regulatory
activities unless doing so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (such as materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus standards bodies. NTTAA directs EPA to provide
Congress, through OMB, explanations when the Agency decides not to use
available and applicable voluntary consensus standards. 

	This direct final rule does not involve technical standards.  This
direct final rule merely changes the regulatory schedule for a
rulemaking to address emissions from Category 3 marine engines. 
Therefore, EPA did not consider the use of any voluntary consensus
standards.

J.  Executive Order 12898:  Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations

	Executive Order (EO) 12898 (59 FR 7629 (Feb. 16, 1994)) establishes
federal executive policy on environmental justice.  Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission by
identifying and addressing, as appropriate, disproportionately high and
adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.  

	EPA has determined that this rule will not have disproportionately high
and adverse human health or environmental effects on minority or
low-income populations because it does not affect the level of
protection provided to human health or the environment.  This direct
final rule merely changes the regulatory schedule for a rulemaking to
address emissions from Category 3 marine engines.

K.	Congressional Review Act

	The Congressional Review Act, 5 U.S.C. 801 et seq., as amended by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating the
rule must submit a rule report, which includes a copy of the rule, to
Congress and the Comptroller General of the United States. We will
submit a report containing this rule and other required information to
the U.S. Senate, the U.S. House of Representatives, and the Comptroller
General of the United States before publication of the rule in the
Federal Register. A major rule cannot take effect until 60 days after it
is published in the Federal Register.  This action is not a “major
rule” as defined by 5 U.S.C. 804(2). This direct final rule is
effective on [insert 60 days after Federal Register publication].

L. 	Statutory Authority

	The statutory authority for this action comes from section 213 of the
Clean Air Act as amended (42 U.S.C. 7547).  This action is a rulemaking
subject to the provisions of Clean Air Act section 307(d).  See 42
U.S.C. 7607(d).

List of Subjects in 40 CFR Part 94

Environmental protection, Administrative practice and procedure, Air
pollution control, Confidential business information, Imports,
Penalties, Reporting and recordkeeping requirements, Vessels,
Warranties.

Dated:		

										

___________________________________________________

Stephen L. Johnson,

Administrator.

	For the reasons set out in the preamble, title 40, chapter I of the
Code of Federal Regulations is amended as follows:

PART 94—CONTROL OF AIR POLLUTION FROM MARINE COMPRESSION –IGNITION
EMISSIONS

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

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

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

§94.8  Exhaust emission standards.

(a)  *	*	* 

(2)  *	*	*

(ii)  EPA has not finalized Tier 2 standards for Category 3 engines. 
EPA will promulgate final Tier 2 standards for Category 3 engines on or
before December 17, 2009.

*	*	*	*	*

 “Control of Emissions from New Marine Compression-Ignition Engines at
or Above 30 Liters Per Cylinder; Final Rule,” 68 FR 9746, February 28,
2003.

 “Revision of MARPOL Annex VI, The NOx Technical Code and Related
Guidelines; Development of Standards for NOx, PM, and SOx,” Submitted
by the United States to the Sub-Committee on Bulk Liquids and Gases,
11th Session, 2007.

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