65164 Federal Register / Vol. 77, No. 207 / Thursday, October 25, 2012 / Proposed Rules 

vapor recovery program will no longer 

be providing emissions reductions as of 

January 1, 2012. See section IV of this 

notice. Turning off Stage II vapor 

controls in future years increased the 

2022 onroad motor vehicle VOC 

emissions by 581 pounds per summer 

weekday. This increase in onroad VOC 

emissions increased the 2022 VOC 

MVEB from 8.9 tpswd (previously 

determined adequate) to 9.2 tpswd. 

The NH DES utilized the MOVES2010 

model to calculate on-road emissions of 

VOC and NOX for the Southern NH 8- 

hour nonattainment area. New 

Hampshire is establishing motor vehicle 

emissions budgets for the last year of the 

Southern NH area’s 8-hour ozone 

maintenance plan (year 2022) at 9.2 

tpswd of VOC and 11.8 tpswd of NOX. 

These on-road mobile source emissions 

when added to emissions from all other 

inventory sources (stationary, other 

mobile (i.e., non-road, marine vessels, 

airplanes, locomotives) and area 

sources) result in year 2022 emissions 

inventories lower than the year 2008 

attainment emissions inventory. New 

Hampshire is also establishing 2008 

motor vehicle emissions budgets of 17.8 

tpswd of VOC and 37.2 tpswd of NOX. 

As part of its redesignation request, 

NHDES has requested that EPA 

withdraw the SIP-approved 2009 

MVEBs prepared using MOBILE6.2 and 

replace them with the submitted 2008 

MVEBs prepared using MOVES2010. 

The 2008 and 2022 adequate emissions 

budgets, once approved by EPA, will 

continue to be used for future 

transportation conformity 

determinations. 

VII. Proposed Actions 

EPA is proposing to approve (1) the 

redesignation of the Southern New 

Hampshire 8-hour ozone nonattainment 

area from nonattainment to attainment 

for the 1997 8-hour ozone NAAQS. EPA 

has evaluated the State of New 

Hampshire’s redesignation request and 

is proposing to approve it as meeting the 

redesignation requirements in section 

107(d)(3)(E) of the CAA provided that 

EPA finalizes approvals of emissions 

inventories under section 182(a)(1), 

certain RACT requirements, and New 

Hampshire’s Vehicle I/M SIP revision. 

The final approval of this redesignation 

request would change the official 

designation for the Southern New 

Hampshire ozone nonattainment area 

from nonattainment to attainment for 

the 1997 8-hour ozone standard. EPA is 

also proposing to approve the 175A 

maintenance plan SIP revision for the 

Southern NH 8-hour area, including the 

2008 and 2022 MVEBs submitted by 

New Hampshire. EPA is proposing to 

withdraw the SIP-approved 2009 

MVEBs prepared using MOBILE6.2 and 

replace them with the new 2008 MVEBs 

included in the maintenance plan. In 

addition, in this notice EPA is 

proposing to approve the 2008 

comprehensive emissions inventory for 

the Southern NH area under CAA 

section 182(a)(1). EPA is soliciting 

public comments on the issues 

discussed in this document. These 

comments will be considered before 

taking final action. 

VIII. Statutory and Executive Order 

Reviews 

Under the CAA, redesignation of an 

area to attainment and the 

accompanying approval of a 

maintenance plan under section 

107(d)(3)(E) are actions that affect the 

status of a geographical area and do not 

impose any additional regulatory 

requirements on sources beyond those 

imposed by state law. A redesignation to 

attainment does not in and of itself 

create any new requirements, but rather 

results in the applicability of 

requirements contained in the CAA for 

areas that have been redesignated to 

attainment. Moreover, the Administrator 

is required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, these actions do 

not impose additional requirements 

beyond those imposed by state law and 

the CAA. For that reason, these actions: 

• Are not ‘‘significant regulatory 

actions’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Do not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Are certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Do not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Do not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Are not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Are not a significant regulatory 

action subject to Executive Order 13211 

(66 FR 28355, May 22, 2001); 

• Are not subject to requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Do not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because 

redesignation is an action that affects 

the status of a geographical area and 

does not impose any new regulatory 

requirements on tribes, impact any 

existing sources of air pollution on 

tribal lands, nor impair the maintenance 

of ozone national ambient air quality 

standards in tribal lands. 

List of Subjects 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

40 CFR Part 81 

Environmental protection, Air 

pollution control, National parks, 

Wilderness areas. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: October 15, 2012. 

H. Curtis Spalding, 

Regional Administrator, EPA New England. 

[FR Doc. 2012–26210 Filed 10–24–12; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

49 CFR Part 26 

[Docket No. OST–2012–0147] 

RIN 2105–AE08 

Disadvantaged Business Enterprise: 

Program Implementation Modifications 

AGENCY: Office of the Secretary (OST), 

DOT. 

ACTION: Notice of Proposed Rulemaking 

(NPRM); Correction; Extension of 

Comment Period. 


erowe on DSK2VPTVN1PROD with PROPOSALS
Federal Register / Vol. 77, No. 207 / Thursday, October 25, 2012 / Proposed Rules 65165 

SUMMARY: The Department is correcting 

a notice of proposed rulemaking 

(NPRM) published in the Federal 

Register. In that document, the 

Department proposed, among other 

modifications, to change the Uniform 

Report of DBE Commitments/Awards 

and Payments form found in our 

regulations. As this is an information 

collection covered by the Paperwork 

Reduction Act (PRA), the Department 

should have included a discussion of 

this collection in the ‘‘Paperwork 

Reduction Act’’ section of the NPRM in 

order to comply with the PRA’s 

procedural requirements. Today, the 

Department is correcting this omission 

by including discussion of the Uniform 

Report collection and providing the 

public with 60 days from today to 

comment both on this collection and all 

other aspects of the NPRM. Thus, the 

original end of the comment period, 

November 5, 2012, has been extended 

until December 24, 2012. 

DATES: The comment period will close 

December 24, 2012. 

FOR FURTHER INFORMATION CONTACT: Jo 

Anne Robinson, Office of General Law, 

U.S. Department of Transportation, 1200 

New Jersey Avenue SE., Washington, 

DC 20590, 202–366–6984, 

joanne.robinson@dot.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On September 6, 2012, the 

Department published a notice of 

proposed rulemaking (NPRM) entitled, 

‘‘Disadvantaged Business Enterprise: 

Program Implementation Modifications’’ 

in the Federal Register (77 FR 54952). 

In that NPRM, the Department 

proposed various modifications of the 

Disadvantaged Business Enterprise 

(DBE) Program, including four proposed 

modifications to existing and/or new 

information collections. In the 

Preamble, the Department also proposed 

various modifications to the Uniform 

Report of DBE Commitments/Awards 

and Payments form found in Appendix 

B of 49 CFR part 26. This information 

collection is associated with OMB 

Control Number 2105–0510, which had 

expired during the drafting of the NPRM 

and which the Department was in the 

process of reinstating with this 

rulemaking. However, the Department 

inadvertently omitted discussion of this 

information collection in the 

‘‘Paperwork Reduction Act’’ section of 

the NPRM. 

Today, the Department is correcting 

this omission in order to comply with 

the procedural requirements of the PRA 

and give the public adequate time to 

comment on this collection. As part of 

these requirements, the Department 

must give the public 60 days to 

comment on this proposed revised 

information collection. In order to 

prevent confusion between comments 

about this collection and comments to 

the NPRM in general, the Department 

has decided to extend the comment 

period for the NPRM as a whole until 

60 days after today. Thus, the comment 

deadline for all aspects of this NPRM is 

December 24, 2012, meaning that the 

Department has granted a 49-day 

extension to the original comment 

period. This extension is also consistent 

with informal requests to extend the 

comment period that the Department 

has recently received. 

Correction 

The Department is making the 

following correction in FR document 

number OST–2012–0147, appearing at 

the bottom of the third column on page 

54967 in the Federal Register of 

Thursday, September 6, 2012 by adding 

this additional item under the 

‘‘Paperwork Reduction Act’’ section: 

5. Uniform Report of DBE Commitments/ 

Awards and Payments 

As part of this rulemaking, the 

Department is intending to reinstate the 

information collection entitled, 

‘‘Uniform Report of DBE Commitments/ 

Awards and Payments,’’ OMB Control 

No. 2105–0510, consistent with the 

changes proposed in this NPRM. This 

collection requires that DOT Form 4630 

be submitted once or twice per year by 

each recipient having an approved DBE 

program. The report form is collected 

from recipients by FHWA, FTA, and 

FAA, and is used to enable DOT to 

conduct program oversight of recipients’ 

DBE programs and to identify trends or 

problem areas in the program. This 

collection is necessary for the 

Department to carry out its oversight 

responsibilities of the DBE program, 

since it allows the Department to obtain 

information from the recipients about 

the DBE participation they obtain in 

their programs. 

In this NPRM, the Department 

proposes to modify certain aspects of 

this collection in response to issues 

raised by stakeholders: (1) Creating 

separate forms for routine DBE reporting 

and for transit vehicle manufacturers 

(TVMs) and mega projects; (2) amending 

and clarifying the report’s instructions 

to better explain how to fill out the 

forms; and (3) changing the forms to 

better capture the desired DBE data on 

a more continuous basis, which should 

also assist with recipients’ post-award 

oversight responsibilities. This NPRM 

also discusses criticisms raised by GAO 

and, while not proposing to directly 

change the form based on this input, 

does request comment on the 

advisability of doing so. 

Frequency: Once or twice per year. 

Estimated Average Burden per 

Response: 5 hours per response. 

Number of Respondents: 1,250. The 

Department estimates that 

approximately 550 of these respondents 

prepare two reports per year, while 

approximately 700 prepare one report 

per year. 

Estimated Burden: 9,000 hours. 

Dated: Issued this 17th day of October, 

2012 at Washington, DC. 

Robert S. Rivkin, 

General Counsel. 

[FR Doc. 2012–26160 Filed 10–24–12; 8:45 am] 

BILLING CODE 4910–9X–P 


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