[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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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:
http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
E-mail: [email protected].
Fax: (202) 566-9744.
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.
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: [email protected].
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.
----------------------------------------------------------------------------------------------------------------
Examples of potentially regulated
Category NAICS codes\a\ SIC codes\b\ entities
----------------------------------------------------------------------------------------------------------------
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:
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
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