[Federal Register Volume 62, Number 209 (Wednesday, October 29, 1997)] [Notices] [Pages 56160-56161] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 97-28549] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY [FRL-5914-6] Agency Information Collection Activities: Proposed Collection; Comment Request; Clean Air Act Tribal Authority AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), this notice announces that EPA is planning to submit the following continuing Information Collection Request (ICR) to the Office of Management and Budget (OMB): Clean Air Act Tribal Authority, OMB Code No. 2060-0306, expiring 03/31/98. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection as described below. DATES: Comments must be submitted on or before December 29, 1997. ADDRESSES: Office of Air and Radiation, Office of Program Management Operations, U.S. Environmental Protection Agency, 401 M Street, S.W., Washington, D.C. 20460. Interested persons may request a copy of the ICR by calling (202) 260-7652, or by electronic mail at ``[email protected]''. FOR FURTHER INFORMATION CONTACT: David Laroche, Telephone No. (202) 260-7652/ Facsimile No. (202) 260-8509/E-MAIL Address. ``[email protected]''. SUPPLEMENTARY INFORMATION: Affected entities: Entities potentially affected by this action are Indian Tribes. Title: Clean Air Act Tribal Authority, (OMB Code No.2060-0306; EPA ICR No. 1676.02), expiring 03/31/98. Abstract: This ICR requests clearance on EPA's review and approval process for determining Tribe eligibility to carry out the Clean Air Act (CAA). Tribes may choose to submit a CAA eligibility and a CAA program application to EPA at the same time for approval and EPA will review both submittals simultaneously. EPA will use this information to determine if a Tribe meets the statutory criteria under the section 301(d) of the CAA and is qualified for purposes of implementing an Air Quality Program. Section 114 of the CAA is the authority for the collection of 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 are listed in 40 CFR part 9 and 48 CFR Chapter 15. Section 301(d) of the CAA directs EPA's Administrator to promulgate regulations specifying those provisions of the Act which determine Tribe eligibility. When promulgated, the regulations will give Tribes the opportunity, if they choose, to implement all CAA programs. The Tribal rule will authorize approved Tribes to exercise civil authority over all air resources within the exterior boundaries of their reservations, including nontribal owned fee lands, or other areas within the Tribes' jurisdiction. The regulation is under administrative review and promulgation is expected in 1997. Each Tribe is to meet eligibility by demonstrating it: (1) Is a Federally recognized Tribe; (2) has a governing body carrying out substantial governmental duties and powers; and (3) is reasonably expected to be capable of carrying out the program for which it is seeking approval in a manner consistent with the CAA and applicable regulations. If the Tribe is asserting jurisdiction over off- reservation lands, it must demonstrate the legal and factual basis for its jurisdiction consistent with applicable principles of Indian Laws. The EPA would like to solicit comments 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 [[Page 56161]] 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 automated electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Burden Statement: This rule incorporates the Agency's streamlined process for Tribes to be determined eligible to implement directly provisions of the CAA. Some of the Tribes may have compiled the information necessary to apply for eligibility determination for purposes of the Clean Water Act or Safe Drinking Water Act. The number of respondents will vary depending upon air quality conditions and major sources on reservations. The annual burden associated with eligibility is estimated to be 40 hours per Tribe and average respondent per hour labor cost is $25.13, with no associated projected capital or Operations and Management costs. The estimated number of respondent Tribes applying for CAA programs over the next three years is 36. 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. Dated: October 22, 1997. Richard D. Wilson, Acting Assistant Administrator for Air & Radiation. [FR Doc. 97-28549 Filed 10-28-97; 8:45 am] BILLING CODE 6560-50-P