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:  Proposed 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 proposing 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.  In the “Rules and Regulations” section of this Federal
Register, we are making this revision as a direct final rule without a
prior proposed rule.  If we receive no adverse comment, we will not take
further action on this proposed rule.

DATES:  Written comments must be received by [Insert date 30 days from
date of publication in the Federal Register].  If a public hearing is
requested no later than [Insert date 20 days after date of publication
in the Federal Register], it will be held at a time and place to be
published in the Federal Register.

ADDRESSES:  Submit your comments, identified by Docket ID No.
EPA-HQ-OAR-2007-0120, by mail to Environmental Protection Agency, Mail
Code: 6102T, 1200 Pennsylvania Ave., NW, Washington, DC, 20460.  Please
include two copies.  Comments may also be submitted electronically or
through hand delivery/courier, or a public hearing may be requested, by
following the detailed instructions in the ADDRESSES section of the
direct final rule located in the rules section of this Federal Register.

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 .

SUPPLEMENTARY INFORMATION:  

I. Why is EPA Issuing This Proposed Rule? 

	This document proposes to take action on changing the regulatory
deadline for a rulemaking to address the control of emissions from new
marine compression-ignition engines at or above 30 liters per cylinder. 
We have published a direct final rule making this revision in the
“Rules and Regulations” section of this Federal Register because we
view this as a relatively noncontroversial action and anticipate no
adverse comment. We have explained our reasons for this action in the
preamble to the direct final rule. 

If we receive no adverse comment or a request for a public hearing, we
will not take further action on this proposed rule.  Otherwise, we will
withdraw the direct final rule and it will not take effect. We would
address all public comments in any subsequent final rule based on this
proposed rule.

We do not intend to institute a second comment period on this action.
Any parties interested in commenting must do so at this time. For
further information, please see the information provided in the
ADDRESSES section of this document.

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.   Summary of Rule

	This proposed rule would make a revision to the regulations to
implement the following amendment:

Extend the regulatory deadline to promulgate a new tier of standards for
Category 3 marine engines by amending §94.8(a)(2)(ii), so that the date
is on or before December 17, 2009. 

For additional discussion of the proposed rule change, see the direct
final rule EPA has published in the “Rules and Regulations” section
of today’s Federal Register.  This proposal incorporates by reference
all the reasoning, explanation, and regulatory text from the direct
final rule. Furthermore, elsewhere in today’s Federal Register,  EPA
is publishing an Advance Notice of Proposed Rulemaking which describes
EPA’s current thinking with regard to potential new requirements for
C3 marine engines and identifies and discusses a number of important
issues upon which EPA is seeking comment.

IV. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review 		

		This proposed rule 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 proposed 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 proposed 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 proposed 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 proposed 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 proposed rule merely changes the regulatory schedule for a
rulemaking to address emissions from Category 3 marine engines.  We have
therefore concluded that today's proposed rule will relieve regulatory
burden for all affected small.  We continue to be interested in the
potential impacts of the proposed rule on small entities and welcome
comments on issues related to such impacts.

D. Unfunded Mandates Reform Act 

	This proposed 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 proposed rule imposes no enforceable duties
on any of these governmental entities. This proposed rule contains no
regulatory requirements that would significantly or uniquely affect
small governments. EPA has determined that this proposed rule contains
no federal mandates that may result in expenditures of more than $100
million to the private sector in any single year.  This proposed rule
merely changes the regulatory schedule for a rulemaking to address
emissions from Category 3 marine engines.  See the direct final rule EPA
has published in the “Rules and Regulations” section of today’s
Federal Register for a more extensive discussion of UMRA policy.  

E. Executive Order 13132: Federalism 

	This proposed 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 proposed rule merely changes
the regulatory schedule for a rulemaking to address emissions from
Category 3 marine engines.  See the direct final rule EPA has published
in the “Rules and Regulations” section of today’s Federal Register
for a more extensive discussion of Executive Order 13132.

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

	This proposed 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 proposed 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 proposed 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. See
the direct final rule EPA has published in the “Rules and
Regulations” section of today’s Federal Register for a more
extensive discussion of Executive Order 13132.

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

This proposed rule is not subject to the Executive Order because it is
not economically significant, and does not involve decisions on
environmental health or safety risks that may disproportionately affect
children.  See the direct final rule EPA has published in the “Rules
and Regulations” section of today’s Federal Register for a more
extensive discussion of Executive Order 13045.

										

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

	This proposed 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
proposed rule merely changes the regulatory schedule for a rulemaking to
address emissions from Category 3 marine engines.

				

I. National Technology Transfer and Advancement Act 

	This proposed rule does not involve technical standards.  Therefore,
EPA is not considering the use of any voluntary consensus standards. 
This proposed rule merely changes the regulatory schedule for a
rulemaking to address emissions from Category 3 marine engines.  Thus,
we have determined that the requirements of the NTTAA do not apply. See
the direct final rule EPA has published in the “Rules and
Regulations” section of today’s Federal Register for a more
extensive discussion of NTTAA policy.

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

EPA has determined that this proposed 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. 
See the direct final rule EPA has published in the “Rules and
Regulations” section of today’s Federal Register for a more
extensive discussion of Executive Order 13045.

K.  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 notice of
proposed 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

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