[Federal Register Volume 73, Number 126 (Monday, June 30, 2008)]
[Notices]
[Pages 36863-36865]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-14799]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2005-0120-0003 and EPA-HQ-OAR-2005-0121-0002, FRL-8686-3]


Agency Information Collection Activities: Proposed Collections; 
Request for Comment on Two Proposed Information Collection Requests 
(ICRs)

AGENCY: Environmental Protection Agency.

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44 
U.S.C. 3501 et seq.), this document announces that EPA is planning to 
submit a request to renew two existing approved Information Collection 
Requests (ICRs) to the Office of Management and Budget (OMB). One of 
these ICRs is scheduled to expire on September 30, 2008. The second ICR 
is scheduled to expire on February 28, 2009. Before submitting the ICRs 
to OMB for review and approval, EPA is soliciting comments on specific 
aspects of the proposed information collection as described below.

ADDRESSES: Submit your comments, identified by the Docket ID numbers 
provided for each item in the text, 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: Air Docket, Environmental Protection Agency, 
Mailcode: 2822T, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
     Hand Delivery: Docket Center, (EPA/DC), EPA West, Room 
3334, 1301 Constitution Ave., NW., Washington, DC 20460. 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 the Docket ID Numbers 
identified for each item in the text. EPA's policy is that all comments 
received will be included in the public docket without change and may 
be made available online at http://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 
http://www.regulations.gov or e-mail. The http://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 http://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 FURTHER INFORMATION CONTACT: Nydia Yanira Reyes-Morales, 
Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., Mail 
Code 6403J, Washington, DC 20460; telephone number: 202-343-9264; fax 
number: 202-343-2804; e-mail address: [email protected].

SUPPLEMENTARY INFORMATION: 

How Can I Access the Docket and/or Submit Comments?

    EPA has established a public docket for each of the ICRs identified 
in this document (see the Docket ID numbers for each ICR that are 
provided in the text), which is available for online viewing at http://www.regulations.gov, or in person viewing at the Air Docket in the EPA 
Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Ave., 
NW., Washington, DC. The EPA/DC Public Reading Room is open from 8 a.m. 
to 4:30 p.m., Monday through Friday, excluding legal holidays. The 
telephone number for the Reading Room is 202-566-1744, and the 
telephone number for the Air Docket is 202-566-1742.
    Use http://www.regulations.gov to obtain a copy of the draft 
collection of information, submit or view public comments, access the 
index listing of the contents of the docket, and to access those 
documents in the public docket that are available electronically. Once 
in the system, select ``search,'' then key in the Docket ID number 
identified in this document.

What Information Is EPA Particularly Interested In?

    Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically 
solicits 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

[[Page 36864]]

    (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. In particular, EPA is requesting comments from 
very small businesses (those that employ less than 25) on examples of 
specific additional efforts that EPA could make to reduce the paperwork 
burden for very small businesses affected by this collection.

What Should I Consider When I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible and provide specific 
examples.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used 
that support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at the estimate that you provide.
    5. Offer alternative ways to improve the collection activity.
    6. Make sure to submit your comments by the deadline identified 
under DATES.
    7. To ensure proper receipt by EPA, be sure to identify the docket 
ID number assigned to this action in the subject line on the first page 
of your response. You may also provide the name, date, and Federal 
Register citation.

What Information Collection Activity or ICR Does This Apply To?

    Docket ID No.: EPA-HQ-OAR-2005-0120-0003.
    Affected entities: Entities potentially affected by this action are 
large on-highway heavy-duty engine and vehicle manufacturers.
    Title: Nonconformance Penalties for Heavy-Duty Engines and Heavy-
Duty Vehicles, Including Light-Duty Trucks; Reporting and Recordkeeping 
Requirements (Renewal).
    ICR numbers: EPA ICR No. 1285.07, OMB Control No. 2060-0132.
    ICR status: This ICR is currently scheduled to expire on November 
30, 2008. 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 title 40 of the CFR, after appearing in the Federal 
Register when approved, are listed in 40 CFR part 9, are displayed 
either by publication in the Federal Register or by other appropriate 
means, such as on the related collection instrument or form, if 
applicable. The display of OMB control numbers in certain EPA 
regulations is consolidated in 40 CFR part 9.
    Abstract: Nonconformance penalties (NCP) provisions allow a 
manufacturer to introduce into commerce heavy-duty engines (HDEs) or 
heavy-duty vehicles (HDVs), including light-duty trucks (LDTs), which 
fail to conform with certain emission standards, upon payment of a 
monetary penalty. The information collection activities for the NCP 
program include the collection of periodic reports and other 
information which the manufacturer creates and submits to the 
Compliance and Innovative Strategies Division (CISD), Office of 
Transportation and Air Quality (OTAQ), Office of Air and Radiation 
(OAR), of the U.S. Environmental Protection Agency (EPA). CISD uses 
this information to ensure that manufacturers are in compliance with 
the regulations of the Clean Air Act (Act) and paying the appropriate 
penalties. The information submitted in the manufacturers' NCP reports 
is stored in CISD's computer tracking system to ensure accurate 
accounting of NCP payments. Since nonconformance penalties and 
associated PCAs are an option elected by manufacturers, EPA cannot be 
certain how many engine families manufacturers will request to be 
included in the NCP program each year. Likewise, we cannot be certain 
of the number of PCAs that will be conducted each model year. However, 
EPA estimates for ICR purposes, that six engine families will be 
included in the NCP program each model year. This information is 
collected by the Heavy-Duty and Nonroad Engines Group (HDNEG) in CISD. 
Besides CISD, this information could be used by the Office of 
Enforcement and Compliance Assurance (OECA) and the Department of 
Justice for enforcement purposes. Non Confidential Business Information 
(CBI) information is also disclosed in a public database and over the 
Internet. It is used by trade associations, environmental groups, and 
the public. The information is usually submitted in an electronic 
format, and it is stored in HDNEGs certification database.
    Burden Statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average 589 
hours per year. 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 which have subsequently changed; 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.
    The ICR provides a detailed explanation of the Agency's estimate, 
which is only briefly summarized here:
    Estimated total number of potential respondents: 2.
    Frequency of response: Quarterly, Annually, On Occasion.
    Estimated total average number of responses for each respondent: 
26.
    Estimated total annual burden hours: 1,178 hours.
    Estimated total annual costs: $94,999. This includes an estimated 
burden cost of $76,819.28 and an estimated cost of $18,180.00 for 
capital investment or maintenance and operational costs.
    Docket ID No.: EPA-HQ-OAR-2005-0121-0002.
    Affected entities: Entities potentially affected by this action are 
manufacturers, importers or vendors of on-road heavy duty vehicles, and 
all categories of nonroad engines and nonroad equipment.
    Title: Exclusion Determinations for New Nonroad Spark-ignited, New 
Nonroad Compression-ignited Engines, New Marine Engines, and New On-
road Heavy Duty Engines (Renewal).
    ICR numbers: EPA ICR No. 1852.04, OMB Control No. 2060-0395.
    ICR status: This ICR is currently scheduled to expire on February 
28, 2009. 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 title 40 of the CFR, after appearing in the Federal 
Register when approved, are listed in 40 CFR part 9, are displayed 
either by publication in the Federal Register or by other appropriate 
means, such as on the related collection instrument or form, if 
applicable. The display of OMB control numbers in certain EPA 
regulations is consolidated in 40 CFR part 9.
    Abstract: Under the provisions of the Clean Air Act (CAA), the 
Administrator is required to promulgate regulations to control air 
pollutant emissions from

[[Page 36865]]

motor vehicles and non-road engines, as defined in the CAA. Motor 
vehicles and non-road engines not meeting the applicable definitions 
are excluded from compliance with current regulations. A manufacturer 
may make an exclusion determination by itself; however, manufacturers 
and importers may routinely request EPA to make such determination to 
ensure that their determination does not differ from the Agency's. To 
request an exclusion determination, manufacturers submit a letter with 
a description of the engine and/or vehicle (engine type, horsepower 
rating, intended usage etc.,) and sales brochures, to the Compliance 
and Innovative Strategies Division (CISD), Heavy-Duty and Nonroad 
Engines Group (HDNEG), Office of Transportation and Air Quality (OTAQ). 
CISD uses this information to determine whether the engine or vehicle 
is excluded from compliance with one or more emission regulations. CISD 
then stores the data in its internal files, and makes it available to 
environmental groups and the public upon request under the Freedom of 
Information Act.
    Burden Statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average seven 
hours per response. 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 which have subsequently changed; 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.
    The ICR provides a detailed explanation of the Agency's estimate, 
which is only briefly summarized here:
    Estimated total number of potential respondents: 12.
    Frequency of response: Annual or on occasion.
    Estimated total average number of responses for each respondent: 3.
    Estimated total annual burden hours: 69.
    Estimated total annual costs: $5,654. This includes an estimated 
burden cost of $5,538 and an estimated cost of $116 for capital 
investment or maintenance and operational costs.

Are There Changes in the Estimates from the Last Approval?

    To date, there are no changes in the number of hours in the total 
estimated respondent burden compared with that identified in the ICR 
currently approved by OMB. However, EPA is still evaluating information 
that may lead to a change in the estimates.

What Is the Next Step in the Process for These ICRs?

    EPA will consider the comments received and amend the ICRs as 
appropriate. The final ICR packages will then be submitted to OMB for 
review and approval pursuant to 5 CFR 1320.12. At that time, EPA will 
issue another Federal Register notice pursuant to 5 CFR 
1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the 
opportunity to submit additional comments to OMB. If you have any 
questions about this ICR or the approval process, please contact the 
technical person listed under FOR FURTHER INFORMATION CONTACT.

    Dated: June 18, 2008.
Karl Simon,
Director, Compliance and Innovative Strategies Division, Office of 
Transportation and Air Quality, Office of Air and Radiation.
[FR Doc. E8-14799 Filed 6-27-08; 8:45 am]
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