[Federal Register Volume 88, Number 109 (Wednesday, June 7, 2023)]
[Notices]
[Pages 37241-37243]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12126]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2018-0638; FRL-10966-01-OAR]


Agency Information Collection Activities; Proposed Information 
Collection Request; Comment Request; Waiver From Tier 4 Emission 
Standards for Marine Diesel Engines (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) is planning to 
submit an information collection request (ICR), Waiver from Tier 4 
Emission Standards for Marine Diesel Engines (Renewal) (EPA ICR Number 
2602.03, OMB Control Number 2060-0726) to the Office of Management and 
Budget (OMB) for review and approval in accordance with the Paperwork 
Reduction Act. Before doing so, EPA is soliciting public comments on 
specific aspects of the proposed information collection as described 
below. This is a proposed extension of the ICR, which is currently 
approved through January 31, 2024. This notice allows for 60 days for 
public comments.

DATES: Comments must be submitted on or before August 7, 2023.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
OAR-2018-0638 to EPA online using www.regulations.gov (our

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preferred method), by email to [email protected] or by mail to: 
EPA Docket Center, Environmental Protection Agency, Mail Code 28221T, 
1200 Pennsylvania Ave. NW, Washington, DC 20460. EPA's policy is that 
all comments received will be included in the public docket without 
change including any personal information provided, unless the comment 
includes profanity, threats, information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute.

FOR FURTHER INFORMATION CONTACT: Maria Lennox, Assessment and Standards 
Division, Office of Transportation and Air Quality, Environmental 
Protection Agency, 2000 Traverwood Drive, Ann Arbor, MI 48105; 
telephone number: (734) 214-4025; email address: [email protected].

SUPPLEMENTARY INFORMATION: This is a proposed extension of the ICR, 
which is currently approved through January 31, 2024. 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.
    This notice allows 60 days for public comments. Supporting 
documents, which explain in detail the information that the EPA will be 
collecting, are available in the public docket for this ICR. The docket 
can be viewed online at www.regulations.gov or in person at the EPA 
Docket Center, WJC West, Room 3334, 1301 Constitution Ave. NW, 
Washington, DC. The telephone number for the Docket Center is 202-566-
1744. For additional information about EPA's public docket, visit 
http://www.epa.gov/dockets.
    Pursuant to section 3506(c)(2)(A) of the PRA, EPA is soliciting 
comments and information to enable it to: (i) evaluate whether the 
proposed collection of information is necessary for the proper 
performance of the functions of the Agency, including whether the 
information will have practical utility; (ii) evaluate the accuracy of 
the Agency's estimate of the burden of the proposed collection of 
information, including the validity of the methodology and assumptions 
used; (iii) enhance the quality, utility, and clarity of the 
information to be collected; and (iv) minimize the burden of the 
collection of information on those who are to respond, including 
through the use of appropriate forms of information technology. EPA 
will consider the comments received and amend the ICR as appropriate. 
The final ICR package will then be submitted to OMB for review and 
approval. At that time, EPA will issue another Federal Register notice 
to announce the submission of the ICR to OMB and the opportunity to 
submit additional comments to OMB.
    Abstract: EPA adopted the Tier 4 marine diesel engine standards in 
June 2008, under the authority of the Clean Air Act (73 FR 37096). The 
Tier 4 standards were phased in, with an effective date beginning in 
2016 through 2018 for most engines. In August 2020, EPA amended those 
regulations in response to industry concerns about the availability of 
suitable Tier 4 certified engines for installation in certain kinds of 
high-speed vessels. The amendments provided focused relief for 
qualifying engines and vessels in two phases, depending on engine and 
vessel size. Builders of qualifying vessels were required to submit to 
EPA information describing their need for regulatory relief and 
demonstrating that their vessels met the size and power conditions.
     Phase One was available through 2021 and was limited to 
propulsion engines with maximum power output up to 1,400 kW and power 
density of at least 27.0 kW per liter displacement. Additionally, the 
relief is limited to vessels up to 65 feet waterline length with total 
nameplate propulsion power at or below 2,800 kW. This includes vessels 
such as lobster fishing boats, pilot boats, and some research boats.
     Phase Two is available through 2023 and is limited to 
vessels with a single propulsion engine with maximum power output up to 
1,000 kW and power density of at least 35.0 kW per liter displacement, 
where the vessel is made with a nonmetal hull and has a maximum length 
of 50 feet. These vessels are expected to be primarily lobster or other 
fishing boats. EPA also adopted a waiver provision that can be applied 
for, if necessary, beginning in 2024, if suitable engines continue to 
be unavailable; this waiver requires the vessel builder to submit an 
application which would be reviewed by EPA before issuing the waiver.
    This information collection request renewal covers the reporting 
burden associated with applying for the waiver for vessels meeting the 
criteria for Phase 2 relief.
    EPA will use the information requested under this collection to 
determine if a boat builder qualifies for a regulatory waiver from the 
marine diesel Tier 4 standards, allowing that manufacturer to install 
Tier 3 engines on a qualifying vessel.
    The information described in this ICR will be collected by EPA's 
Compliance Division (CD) within the Office of Transportation and Air 
Quality (OTAQ), Office of Air and Radiation (OAR). It will be used by 
CD to evaluate whether companies qualify for using engines meeting less 
stringent standards. It is collected electronically and stored in CD's 
databases.
    Manufacturers may assert a claim of confidentiality over 
information provided to EPA. Confidentiality is provided in accordance 
with the Freedom of Information Act and EPA regulations at 40 CFR part 
2. We will release this information only as permitted or required under 
the Freedom of Information Act (FOIA) and EPA regulations at 40 CFR 
part 2 and part 1068. Non-confidential portions of the information 
submitted to CD are available to trade associations, importers, 
environmental groups, members of the public, and State and local 
government organizations.
    Form Numbers: None.
    Respondents/affected entities: Respondents are manufacturers that 
sell or import into the United States new marine diesel engines and 
manufactures that produce for sale in the United States certain high-
speed marine vessels.
    Respondent's obligation to respond: Respondents (boat 
manufacturers) are required to respond only if they seek a waiver from 
the marine diesel engine Tier 4 standards due to the unavailability of 
suitable engines for installation on the boats they manufacture.
    Estimated number of respondents: 20 (total).
    Frequency of response: Respondents would apply for a Tier 4 waiver 
for a specific vessel or vessels. The frequency of response will depend 
on whether an additional waiver is needed for future vessels due to the 
continued unavailability of suitable engines.
    Total estimated burden: 380 hours (per year). Burden is defined at 
5 CFR 1320.03(b).
    Total estimated cost: $39,707 (per year); there are no annualized 
capital or operation & maintenance costs.
    Changes in the Estimates: There is an increase of 380 hours in the 
total estimated respondent burden compared with the ICR currently 
approved by OMB. This increase is due to the end of the automatic delay 
for application of the Tier 4 standards to affected boats and the need 
to request a waiver from EPA to allow use of a Tier 3 engine if

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a suitable Tier 4 engine continues to be unavailable.

William Charmley,
Director, Assessment and Standards Division.
[FR Doc. 2023-12126 Filed 6-6-23; 8:45 am]
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