26254 Federal Register / Vol. 80, No. 88 / Thursday, May 7, 2015 / Notices 

37See, e.g., Motor and Equip. Mfrs Assoc. v. EPA, 

627 F.2d 1095 (D.C. Cir. 1979) (‘‘MEMA I’’). 

(hp), and new locomotives or new 

engines used in locomotives. 

CARB maintains that its CHE 

amendments do not regulate new 

engines which are used in construction 

or farm equipment or vehicles below 

175 hp, nor do the CHE amendments 

regulate new locomotives or new 

engines used in locomotives. 

In light of the lack of contrary 

information in the record, EPA cannot 

make a finding that CARB’s CHE 

amendments are inconsistent with 

section 209(e)(1). Therefore, EPA cannot 

deny CARB’s authorization request on 

this basis. 

3. Consistency With Section 209(b)(1)(C) 

The requirement that California’s 

standards be consistent with section 

209(b)(1)(C) of the Clean Air Act 

effectively requires consistency with 

section 202(a) of the Act. To determine 

this consistency, EPA has applied to 

California nonroad standards the same 

test it has used previously for California 

motor vehicle standards; namely, state 

standards are inconsistent with section 

202(a) of the Act if there is inadequate 

lead-time to permit the development of 

technology necessary to meet those 

requirements, giving appropriate 

consideration to the cost of compliance 

within that timeframe. California’s 

accompanying enforcement procedures 

would also be inconsistent with section 

202(a) if federal and California test 

procedures conflicted. The scope of 

EPA’s review of whether California’s 

action is consistent with section 202(a) 

is narrow. The determination is limited 

to whether those opposed to the 

authorization or waiver have met their 

burden of establishing that California’s 

standards are technologically infeasible, 

or that California’s test procedures 

impose requirements inconsistent with 

the federal test procedures.37

CARB states that the smoke opacity 

test is a quick and inexpensive way to 

detect if an engine is emitting excessive 

emissions. CARB maintains that the 

smoke opacity test is technologically 

feasible and that compliance with the 

standards does not require the 

incorporation of any new technology 

not already required by existing 

regulations that have previously 

received an EPA authorization. CARB 

also states that the clarification of the 

Tier 4 FEL emission standards 

provisions are technologically feasible 

and were designed to correct an 

unintentional error and to clarify the 

original intent of the previously 

authorized CHE regulations. The CHE 

amendments only require retrofit to the 

Tier 4 emission level if appropriate 

technology is available and require the 

retrofit be performed within one year. 

EPA did not receive any comment or 

evidence to suggest that either of the 

two amendments for which CARB 

requested authorization is 

technologically infeasible. 

Consequently, based on the record, 

EPA is unable to make the finding that 

the CHE amendments are not 

technologically feasible with the 

available lead time giving consideration 

to the cost of compliance. 

EPA received no comments suggesting 

that CARB’s CHE amendments pose any 

test procedure consistency problem. 

Therefore, based on the record, EPA 

cannot find that CARB’s testing 

procedures are inconsistent with section 

202(a) and cannot deny CARB’s request 

based on this criterion. 

III. Decision 

The Administrator has delegated the 

authority to grant California section 

209(e) authorizations to the Assistant 

Administrator for Air and Radiation. 

After evaluating CARB’s amendments to 

its CHE regulations described above and 

CARB’s submissions for EPA review, 

EPA is taking the following actions. 

First, EPA is granting a within-thescope authorization for the CHE 

amendments that modify the retrofit 

requirements, modify operational 

practices, allow demonstration of 

emissions equivalency for alternative 

technology, and modify compliance 

requirements. 

Second, EPA is granting a full 

authorization for the CHE amendments 

that establish a new opacity based 

monitoring program and new retrofit 

requirements for engines meeting the 

Tier 4 FEL standards. 

This decision will affect persons in 

California and those manufacturers and/ 

or owners/operators nationwide who 

must comply with California’s 

requirements. In addition, because other 

states may adopt California’s standards 

for which a section 209(e)(2)(A) 

authorization has been granted if certain 

criteria are met, this decision would 

also affect those states and those 

persons in such states. See CAA section 

209(e)(2)(B). For these reasons, EPA 

determines and finds that this is a final 

action of national applicability, and also 

a final action of nationwide scope or 

effect for purposes of section 307(b)(1) 

of the Act. Pursuant to section 307(b)(1) 

of the Act, judicial review of this final 

action may be sought only in the United 

States Court of Appeals for the District 

of Columbia Circuit. Petitions for review 

must be filed by July 6, 2015. Judicial 

review of this final action may not be 

obtained in subsequent enforcement 

proceedings, pursuant to section 

307(b)(2) of the Act. 

IV. Statutory and Executive Order 

Reviews 

As with past authorization and waiver 

decisions, this action is not a rule as 

defined by Executive Order 12866. 

Therefore, it is exempt from review by 

the Office of Management and Budget as 

required for rules and regulations by 

Executive Order 12866. 

In addition, this action is not a rule 

as defined in the Regulatory Flexibility 

Act, 5 U.S.C. 601(2). Therefore, EPA has 

not prepared a supporting regulatory 

flexibility analysis addressing the 

impact of this action on small business 

entities. 

Further, the Congressional Review 

Act, 5 U.S.C. 801, et seq., as added by 

the Small Business Regulatory 

Enforcement Fairness Act of 1996, does 

not apply because this action is not a 

rule for purposes of 5 U.S.C. 804(3). 

Dated: April 29, 2015. 

Janet G. McCabe, 

Acting Assistant Administrator, Office of Air 

and Radiation. 

[FR Doc. 2015–11034 Filed 5–6–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL_XXXX–X] 

Cross-Media Electronic Reporting: 

Authorized Program Revision 

Approval, State of Florida 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: This notice announces EPA’s 

approval of the State of Florida’s request 

to revise/modify certain of its EPAauthorized programs to allow electronic 

reporting. 

DATES: EPA’s approval is effective May 

7, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Karen Seeh, U.S. Environmental 

Protection Agency, Office of 

Environmental Information, Mail Stop 

2823T, 1200 Pennsylvania Avenue NW., 

Washington, DC 20460, (202) 566–1175, 

seeh.karen@epa.gov. 

SUPPLEMENTARY INFORMATION: On 

October 13, 2005, the final Cross-Media 

Electronic Reporting Rule (CROMERR) 

was published in the Federal Register 

(70 FR 59848) and codified as part 3 of 

title 40 of the CFR. CROMERR 

establishes electronic reporting as an 

mstockstill on DSK4VPTVN1PROD with NOTICES

Federal Register / Vol. 80, No. 88 / Thursday, May 7, 2015 / Notices 26255 

acceptable regulatory alternative to 

paper reporting and establishes 

requirements to assure that electronic 

documents are as legally dependable as 

their paper counterparts. Subpart D of 

CROMERR requires that state, tribal or 

local government agencies that receive, 

or wish to begin receiving, electronic 

reports under their EPA-authorized 

programs must apply to EPA for a 

revision or modification of those 

programs and obtain EPA approval. 

Subpart D provides standards for such 

approvals based on consideration of the 

electronic document receiving systems 

that the state, tribe, or local government 

will use to implement the electronic 

reporting. Additionally, § 3.1000(b) 

through (e) of 40 CFR part 3, subpart D 

provides special procedures for program 

revisions and modifications to allow 

electronic reporting, to be used at the 

option of the state, tribe or local 

government in place of procedures 

available under existing programspecific authorization regulations. An 

application submitted under the subpart 

D procedures must show that the state, 

tribe or local government has sufficient 

legal authority to implement the 

electronic reporting components of the 

programs covered by the application 

and will use electronic document 

receiving systems that meet the 

applicable subpart D requirements. 

On February 25, 2015, the Florida 

Department of Environmental Protection 

(FDEP) submitted an application titled 

‘‘National Pollutant Discharge 

Elimination System e-Reporting Tool 

(NeT)’’ for revisions/modifications of its 

EPA-authorized programs under title 40 

CFR. EPA reviewed FDEP’s request to 

revise/modify its EPA-authorized 

programs and, based on this review, 

EPA determined that the application 

met the standards for approval of 

authorized program revisions/

modifications set out in 40 CFR part 3, 

subpart D. In accordance with 40 CFR 

3.1000(d), this notice of EPA’s decision 

to approve Florida’s request to revise/

modify its following EPA-authorized 

programs to allow electronic reporting 

under 40 CFR parts 122, 403, and 503 

is being published in the Federal 

Register: 

Part 123—EPA Administered Permit 

Programs: The National Pollutant 

Discharge Elimination System 

Part 403—General Pretreatment 

Regulations For Existing And New 

Source Of Pollution 

Part 501—State Sludge Management 

Program Regulations 

FDEP was notified of EPA’s 

determination to approve its application 

with respect to the authorized programs 

listed above. 

Matthew Leopard, 

Acting Director, Office of Information 

Collection. 

[FR Doc. 2015–10989 Filed 5–6–15; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

[3060–0806] 

Information Collection Being 

Submitted for Emergency Review and 

Approval to the Office of Management 

and Budget 

AGENCY: Federal Communication 

Commission. 

ACTION: Notice and request for 

comments. 

SUMMARY: The Federal Communications 

Commission (FCC), as part of its 

continuing effort to reduce paperwork 

burden, invites the general public and 

other Federal agencies to take this 

opportunity to comment on the 

following information collection(s), as 

required by the Paperwork Reduction 

Act (PRA) of 1995. Comments are 

requested concerning: (a) Whether the 

proposed collection(s) of information is 

necessary for the proper performance of 

the functions of the Commission, 

including whether the information shall 

have practical utility; (b) the accuracy of 

the Commission’s burden estimate; (c) 

ways to enhance the quality, utility, and 

clarity of the information collected; (d) 

ways to minimize the burden of the 

collection(s) of information on the 

respondents, including the use of 

automated collection techniques or 

other forms of information technology; 

and (e) ways to further reduce the 

information burden for small business 

concerns with fewer than 25 employees. 

The FCC may not conduct or sponsor 

a collection of information unless it 

displays a currently valid Office of 

Management and Budget (OMB) Control 

Number. No person shall be subject to 

any penalty for failing to comply with 

a collection of information subject to the 

Paperwork Reduction Act (PRA) that 

does not display a valid OMB Control 

Number. 

DATES: Written Paperwork Reduction 

Act (PRA) comments should be 

submitted on or before June 8, 2015. 

If you anticipate that you will be 

submitting comments, but find it 

difficult to do so within the period of 

time allowed by this notice, you should 

advise the FCC contact listed below as 

soon as possible. 

ADDRESSES: Direct all PRA comments to 

Nicholas A. Fraser, Office of 

Management and Budget, via fax at 202– 

395–5167 or via email at Nicholas_A._

Fraser@omb.eop.gov. Also, please 

submit your PRA comments to the FCC 

by email at PRA@fcc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Nicole Ongele, Office of the Managing 

Director, FCC at (202) 418–2991. 

SUPPLEMENTARY INFORMATION: The 

Commission is requesting that OMB 

approve this revised information 

collection under the emergency 

processing provisions of the PRA, 5 CFR 

1320.5, 1320.8(d), and 1320.13 by July 

1, 2015. 

OMB Control Number: 3060–0806. 

Title: Universal Service—Schools and 

Libraries Universal Service Program, 

FCC Forms 470 and 471. 

Form Number: FCC Forms 470 and 

471. 

Type of Review: Revision to a 

currently approved collection. 

Respondents: State, local or tribal 

government public institutions, and 

other not-for-profit institutions. 

Number of Respondents and 

Responses: 82,000 respondents; 82,000 

responses. 

Estimated Time per Response: 3.5 

hours for FCC Form 470 (3 hours for 

response; 0.5 hours for recordkeeping); 

4.5 hours for FCC Form 471 (4 hours for 

response; 0.5 hours for recordkeeping). 

Frequency of Response: On occasion 

and annual reporting requirements, and 

recordkeeping requirement. 

Obligation to Respond: Required to 

obtain or retain benefits. Statutory 

authority for this information collection 

is contained in 47 U.S.C. 151–154, 201– 

205, 218–220, 254, 303(r), 403, and 405. 

Total Annual Burden: 334,000 hours. 

Total Annual Cost: N/A. 

Privacy Act Impact Assessment: No 

impact(s). 

Nature and Extent of Confidentiality: 

There is no assurance of confidentiality 

provided to respondents concerning this 

information collection. However, 

respondents may request materials or 

information submitted to the 

Commission or to the Administrator be 

withheld from public inspection under 

47 CFR 0.459 of the FCC’s rules. 

Needs and Uses: The Commission 

seeks to revise OMB 3060–0806 to 

conform this information collection to 

changes implemented in the Second ERate Modernization Order (WC Docket 

No. 13–184, FCC 14–189; 80 FR 5961, 

February 4, 2015). Collection of the 

information on FCC Forms 470 and 471 

is necessary so that the Commission and 

the Universal Service Administrative 

Company (USAC) have sufficient 

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