[Federal Register Volume 76, Number 28 (Thursday, February 10, 2011)]
[Notices]
[Pages 7560-7562]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-3002]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2007-0269; FRL-9265-5]


Agency Information Collection Activities; Proposed Collection; 
Comment Request; Transportation Conformity Determinations for Federally 
Funded and Approved Transportation Plans, Programs and Projects

AGENCY: Environmental Protection Agency (EPA).

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 an existing approved Information Collection 
Request (ICR) to the Office of Management and Budget (OMB). This ICR is 
scheduled to expire on May 31, 2011. 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 April 11, 2011.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2007-0269, 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: Air Docket, Environmental Protection 
Agency: EPA West Building, EPA Docket Center (Room 3334), 1301 
Constitution Ave., NW., Washington, DC, Attention Docket ID No. EPA-HQ-
OAR-2007-0269. 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-
2007-0269. 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 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 
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: Astrid Larsen, State Measures and 
Conformity Group, Transportation and Regional Programs Division, 
Environmental Protection Agency, 2000 Traverwood Drive, Ann Arbor, MI 
48105; telephone number: (734) 214-4812; fax number: (734) 214-4052; e-
mail address: [email protected].

SUPPLEMENTARY INFORMATION: 

How can I access the docket and/or submit comments?

    EPA has established a public docket for this ICR under Docket ID 
No. EPA-HQ-OAR-2007-0269, 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 
8:30 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

[[Page 7561]]

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
    (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?

    Affected entities: Entities potentially affected by this action are 
metropolitan planning organizations, local transit agencies, state 
departments of transportation, and State and local air quality 
agencies. Federal agencies potentially affected by this action include 
the Federal Highway Administration (FHWA), Federal Transit 
Administration (FTA), and EPA.
    Title: Transportation Conformity Determinations for Federally 
Funded and Approved Transportation Plans, Programs and Projects
    ICR numbers: EPA ICR No. 2130.04, OMB Control No. 2060-051.
    ICR status: This ICR is currently scheduled to expire on May 31, 
2011. 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: Transportation conformity is required under Clean Air Act 
section 176(c) (42 U.S.C. 7506(c)) to ensure that federally supported 
transportation activities are consistent with (``conform to'') the 
purpose of the state air quality implementation plan (SIP). 
Transportation activities include transportation plans, transportation 
improvement programs (TIPs), and federally funded or approved highway 
or transit projects. Conformity to the purpose of the SIP means that 
transportation activities will not cause or contribute to new air 
quality violations, worsen existing violations, or delay timely 
attainment of the relevant national ambient air quality standards 
(NAAQS or ``standards'') or interim milestones.
    Transportation conformity applies under EPA's conformity 
regulations at 40 CFR Part 93, subpart A, to areas that are designated 
nonattainment, and those redesignated to attainment after 1990 
(``maintenance areas'' with plans developed under Clean Air Act section 
175A) for the following transportation related criteria pollutants: 
Ozone, particulate matter (PM2.5 and PM10), carbon monoxide (CO), and 
nitrogen dioxide (NO2). The EPA published the original transportation 
conformity rule on November 24, 1993 (58 FR 62188), and subsequently 
published several revisions. EPA develops the conformity regulations in 
coordination with FHWA and FTA.
    Transportation conformity determinations are required before 
Federal approval or funding is given to certain types of transportation 
planning documents as well as non-exempt highway and transit 
projects.\1\
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    \1\ Some projects are exempt from all or certain conformity 
requirements see 40 CFR 93.126, 93.127, and 93.128.
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    EPA considered the following in renewing the existing ICR:
     Burden estimates for transportation conformity 
determinations in current nonattainment and maintenance areas for the 
ozone, PM2.5, PM10, CO, and NO2 NAAQS, 
which made up EPA's previous ICR (ICR  2130.03);
     Federal burden associated with EPA's adequacy review 
process for submitted SIP budgets that are to be used in conformity 
determinations;
     New start-up burden associated with learning to perform 
quantitative hot-spot analyses;
     New burden associated with using the MOVES model for 
conformity analyses;
     Efficiencies in areas doing conformity for multiple NAAQS; 
and,
     Differences in conformity resource needs in large and 
small metropolitan areas and isolated rural areas.
    This ICR does not include burden associated with the general 
development of transportation planning and air quality planning 
documents for meeting other Federal requirements.
    Burden Statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average 7 
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

[[Page 7562]]

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: This ICR estimates 
that approximately 174 Metropolitan Planning Organizations will incur 
burden associated with transportation conformity requirements.
    Frequency of response: The information collections described in 
this ICR must be completed before a transportation plan, TIP, or 
project conformity determination is made. Per SAFETEA-LU and DOT's 
planning regulations, transportation plans and TIPs must be updated at 
least every 4 years. Conformity determinations on projects in 
metropolitan and isolated rural areas are required on an as-needed 
basis.
    Estimated total average number of responses for each respondent: 
392.
    Estimated total annual burden hours: 68,282 hours.
    Estimated total annual costs: $4,014,663. This includes an 
estimated burden cost of $4,014,663 and an estimated cost of $0 for 
capital investment or maintenance and operational costs.

Are there changes in the estimates from the last approval?

    There is an increase of 19,043 hours in the total estimated 
respondent burden compared with that identified in the ICR currently 
approved by OMB. This increase reflects EPA's adjustments associated 
with the actual number of 2006 PM2.5 NAAQS nonattainment 
areas versus the estimated number in the previous ICR, adjustment for 
increased burden associated with quantitative hot-spot analyses and an 
adjustment for increased burden associated with the transition from the 
MOBILE6.2 to MOVES model.

What is the next step in the process for this ICR?

    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 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: February 7, 2011.
Sarah Dunham,
Director, Transportation and Regional Programs Division, Office of 
Transportation and Air Quality.
[FR Doc. 2011-3002 Filed 2-9-11; 8:45 am]
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