### 67184 Federal Register / Vol. 76, No. 210 / Monday, October 31, 2011 / Notices

display of OMB control numbers in certain EPA regulations is consolidated in 40 CFR part 9.

Individual ICRs

(1) Docket ID: EPA–HQ–OARM– 2011–0803, Background Checks for Contractor Employees;

(2) Docket ID: EPA–HQ–OARM–2– 11–0804, Drug Testing for Contractor Employees.

Affected entities: Entities potentially affected by these two ICRs are contractors performing work at sensitive sites or on sensitive projects, and not covered under the provisions of Homeland Security Presidential Directive-2. Specifically, all contractors involved with Emergency Response, Superfund, Information systems, Facility Services, and Research Support that have significant security concerns, as determined by the contracting officer, on a case-by-case basis, will be required to provide qualified personnel that meet the background check and drug testing requirements developed by EPA.

Titles: (1) Background Checks for Contractor Employees (Renewal); (2) Drug Testing for Contractor Employees

ICR numbers: (1) Background checks for Contractor Employees EPA–HQ– OARM–2011–0803, OMB Control No. 2030–0043; (2) Drug Testing for Contractor Employees EPA ICR No. 2183.05, OMB Control No. 2030–0044.

ICR status: (1) EPA–HQ–OARM– 2011–0803 is scheduled to expire on April 30, 2012. (2) EPA ICR No. 2183.05 is scheduled to expire on June 30. 2012.

Abstract: (1) Background checks cover citizenship or valid visa, criminal convictions, weapons offenses, felony convictions, and parties prohibited from receiving federal contracts. (2) Drug tests are for the presence of marijuana, cocaine, opiates, amphetamines and phencyclidine (PCP). Contractors shall maintain records of all background checks and drug tests.

Burden Statement: 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 individual ICRs provide a detailed explanation of the Agency’s estimate, which are briefly
summarized below.

(1) The number of contractor employees expected to submit the requested information for EPA–HQ– OARM–2011–0803, Background Checks, is 3,000 for the life of the ICR (3 years), which equates to 1,000 per year. The
estimated effort for contractors to collect information for each background check is one hour, or 1,000 hours per year. The estimated annual respondent cost for performing background check collection requests is $83,450. This is calculated by multiplying the number of annual occurrences, 1,000, by the estimated respondent cost of $83.45 per collection,
which includes time to fill out the information, the cost of the background check, reviewing/applying suitability criteria, submitting a notification to the EPA and maintaining files. Using an annual escalation rate of 2.5%, this equates to a total respondent cost of $256,670 over the three year life of this ICR. In addition to the respondent burden, there is also an agency burden for ensuring contractor compliance, documenting contractors’ notifications and issuing waivers. This is estimated to be .5 hours for each collection (1,000 per year) and .25 hours for each waiver request (250 per year) for a total of 562.5 hours per year and a cost of $53,133.75 per year. This equates to a total agency cost of $159,401.25 over the three year
life of this ICR.

(2) The number of contractor employees expected to submit the requested information for EPA ICR No. 2183.05, Drug Testing, is 1,350 for the life of this ICR (3 years) which equates to 450 per year. The estimated effort for
contractors to collect information for each drug test is one hour, for a total of 450 hours per year. The estimated annual respondent cost for performing drug tests is $72,450. This is calculated by multiplying the number of annual occurrences, 450, by the estimated respondent cost of $161.00 per test, which includes time to provide the sample, the cost of the drug test, reviewing results, submitting notification to the EPA and maintaining files. Using an annual escalation rate of 2.5%, this equates to a total respondent cost of $495,000. In addition to the respondent burden, there is also an agency burden for ensuring contractor compliance. This is estimated to be .25 hours per occurrence for a total of 112.5 hours per year (450 drug tests per year multiplied by .25) and an annual cost of $10,626.75. This equates to a total agency cost of $31,880.25 over the three year life of this ICR.

Are there changes in the estimates from the last approval?

EPA estimates that the hourly burden
for both collections will remain the same as reported in the previous
information collections because there has been no change in the information being collected and approximately the
same number of contracts remain active.

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

EPA will consider the comments
received and amend the ICRs 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: October 19, 2011.
John R. Bashista, Director, Office of Acquisition Management.

[FR Doc. 2011–28077 Filed 10–28–11; 8:45 am]

**BILLING CODE 6560–50–P**

**ENVIRONMENTAL PROTECTION**
**AGENCY**

**[FRL–9484–9]**

**California State Nonroad Engine Pollution Control Standards; Large**  **Spark-Ignition (LSI) Engines; Fleet Requirements for In-Use LSI Forklifts**  **and Other Industrial Equipment; Opportunity for Public Hearing and** 
**Comment**

**AGENCY :**  Environmental Protection Agency (EPA).

**ACTION :**  Notice.

**SUMMARY :**  The California Air Resources Board (CARB) has notified EPA that it
has amended its emission standards and certification and test procedures for large spark-ignition nonroad engines (‘‘LSI Emission Standards’’). CARB has also adopted in-use fleet average emission requirements for large- and medium-sized fleets (‘‘LSI In-Use Fleet Requirements). California’s LSI In-Use Fleet Requirements are applicable to fleets comprised of four or more pieces of equipment powered by LSI engines, including forklifts, industrial tow tractors, sweepers/scrubbers, and airport


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1 California Air Resources Board (‘‘CARB’’), ‘‘Request for Authorization,’’ December 10, 2008, EPA–HQ–OAR–2011–0830–0001.

2 CARB Enclosure 1, ‘‘Resolution 06–11,’’ EPA– HQ–OAR–2011–0830–0002. ground support equipment. CARB requests that EPA find the amended LSI
Emission Standards to be within the scope of a previously granted LSI authorization or, in the alternative, grant a new full authorization pursuant to Clean Air Act section 209(e). This notice announces that EPA has tentatively scheduled a public hearing to consider
California’s LSI Emission Standards and LSI In-Use Fleet Requirements, and that EPA is now accepting written comment on the request.

**DATES :**  EPA has tentatively scheduled a public hearing concerning CARB’s request on November 15, 2011, at 10 a.m. ET. EPA will hold a hearing only if any party notifies EPA by November 7, 2011, expressing interest in presenting the agency with oral testimony. Parties wishing to present oral testimony at the public hearing should provide written notice to Kristien Knapp at the email address noted below. If EPA receives a request for a public hearing, that hearing will be held at 1310 L Street NW., Washington,
DC 20005. If EPA does not receive a request for a public hearing, then EPA will not hold a hearing, and instead consider CARB’s request based on written submissions to the docket. Any party may submit written comments until December 15, 2011.

By November 14, 2011, any person who plans to attend the hearing may call Kristien Knapp at (202) 343–9949, to learn if a hearing will be held.

**ADDRESSES :**  Submit your comments, identified by Docket ID No. EPA–HQ– OAR–2011–0830, by one of the following methods:

• On-Line at http:// www.regulations.gov: Follow the OnLine Instructions for Submitting

Comments.

• Email: a-and-r-docket@epa.gov.

• Fax: (202) 566–1741.

• Mail: Air and Radiation Docket, Docket ID No. EPA–HQ–OAR–2011– 0830, U.S. Environmental Protection Agency, Mailcode: 6102T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460. Please include a total of two copies.

• Hand Delivery: EPA Docket Center, Public Reading Room, EPA West Building, Room 3334, 1301 Constitution Avenue, 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.

On-Line Instructions for Submitting

Comments: Direct your comments to Docket ID No. EPA–HQ–OAR–2011– 0830. EPA’s policy is that all comments we receive 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 email. 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 email comment directly to EPA without going through http:// www.regulations.gov, your email address will automatically be 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.

EPA will make available for public inspection materials submitted by CARB, written comments received from any interested parties, and any testimony given at the public hearing. Materials relevant to this proceeding are
contained in the Air and Radiation Docket and Information Center, maintained in Docket ID No. EPA–HQ– OAR–2011–0830. Publicly available
docket materials are available either electronically through http:// www.regulations.gov or in hard copy at
the Air and Radiation Docket in the EPA Headquarters Library, EPA West Building, Room 3334, located at 1301 Constitution Avenue, NW., Washington, DC. The Public Reading Room is open to the public on all federal government work days from 8:30 a.m. to 4:30 p.m.; generally, it is open Monday through Friday, excluding holidays. The telephone number for the Reading Room is (202) 566–1744. The Air and
Radiation Docket and Information
Center’s Web site is http://www.epa.gov/
oar/docket.html. The electronic mail (email) address for the Air and
Radiation Docket is: a-and-rDocket@epa.gov, the telephone number is (202) 566–1742, and the fax number is (202) 566–9744. An electronic version of the public docket is available through the federal government’s electronic public docket and comment system. You may access EPA dockets at http:// www.regulations.gov. After opening the http://www.regulations.gov Web site, enter EPA–HQ–OAR–2011–0830, in the ‘‘Enter Keyword or ID’’ fill-in box to view documents in the record. Although a part of the official docket, the public
docket does not include Confidential Business Information (‘‘CBI’’) or other
information whose disclosure is restricted by statute.

EPA’s Office of Transportation and Air Quality also maintains a Web page that contains general information on its review of California waiver requests. Included on that page are links to prior
waiver and authorization Federal Register notices. The page can be
accessed at http://www.epa.gov/otaq/ cafr.htm.

**FOR FURTHER INFORMATION CONTACT :**  Kristien G. Knapp, Attorney-Advisor, Compliance Division, Office of Transportation and Air Quality, U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue (6405J), NW., Washington, DC 20460. Telephone: (202) 343–9949. Fax: (202) 343–2804.
Email: knapp.kristien@epa.gov.

**SUPPLEMENTARY INFORMATION :** 
I. California’s LSI Regulations

By letter dated December 10, 2008, CARB submitted to EPA its request pursuant to section 209(e) of the Clean Air Act (‘‘CAA’’ or ‘‘the Act’’), regardingits regulation of emissions from new offroad large spark-ignition (LSI) engines and its in-use fleet requirements for forklifts and other industrial equipment with LSI engines. 1 The LSI regulations are designed to reduce emissions of hydrocarbons (HC) and oxides of nitrogen (NOX) from forklifts and other industrial equipment powered by LSI engines. CARB approved the LSI regulations at a public hearing on May 25, 2006 (by Resolution 06–11). 2 After making modifications to the regulation available on December 1, 2006, and February 1, 2007 for supplemental public comment, CARB’s Executive Officer formally adopted the LSI regulations in Executive Order R–07–


### 67186 Federal Register / Vol. 76, No. 210 / Monday, October 31, 2011 / Notices

3 CARB Enclosure 2, ‘‘Executive Order R–07– 001,’’ EPA–HQ–OAR–2011–0830–0003.

4 CARB Enclosure 3, ‘‘Final Regulation Order,’’ EPA–HQ–OAR–2011–0830–0004.

5 59 FR 36969 (July 20, 1994).

6 See 62 FR 67733 (December 30, 1997). The applicable regulations, now in 40 CFR part 1074, subpart B, § 1074.105, provide:

(a) The Administrator will grant the authorization if California determines that its standards will be, in the aggregate, at least as protective of public health and welfare as otherwise applicable federal
standards.

(b) The authorization will not be granted if the Administrator finds that any of the following are

true:

(1) California’s determination is arbitrary and capricious.

(2) California does not need such standards to meet compelling and extraordinary conditions.

(3) The California standards and accompanying enforcement procedures are not consistent with
section 209 of the Act.

(c) In considering any request from California to authorize the state to adopt or enforce standards or other requirements relating to the control of emissions from new nonroad spark-ignition engines smaller than 50 horsepower, the Administrator will give appropriate consideration to safety factors (including the potential increased risk of burn or fire) associated with compliance with the California
standard.

7 See 59 FR 36969 (July 20, 1994). 001 on March 2, 2007. 3 The LSI regulations are codified at title 13, California Code of Regulations, sections 2775 through 2775.2 4

Underpinning CARB’s LSI regulations
is a set of emission standards for new off-road LSI engines beginning in 2007.
The emission standards include: Adoption of EPA’s 2007 and later model year emission standards for the same engines, more stringent standards for the 2010 and later model years, optional certification standards, and more rigorous certification and test procedures. The LSI regulations also apply to operators of large- and medium-sized fleets of forklifts, sweepers/scrubbers, airport ground support equipment (GSE), and industrial tow tractors with engine displacements of greater than one liter. These fleets must meet a fleet average
in-use emission standard.

II. Clean Air Act Nonroad Engine and
Vehicle Authorizations

Section 209(e)(1) of the Act permanently preempts any State, or political subdivision thereof, from adopting or attempting to enforce any standard or other requirement relating
to the control of emissions for new nonroad engines or vehicles. States are also preempted from adopting and enforcing standards and other requirements related to the control of
emissions from non-new nonroad engines or vehicles. Section 209(e)(2) requires the Administrator, after notice and opportunity for public hearing, to
authorize California to enforce such standards and other requirements, unless EPA makes one of three findings. In addition, other states with attainment plans may adopt and enforce such regulations if the standards, and implementation and enforcement procedures, are identical to California’s standards. On July 20, 1994, EPA promulgated a rule that sets forth, among other things, regulations providing the criteria, as found in section 209(e)(2), which EPA must consider before granting any California authorization request for new nonroad engine or vehicle emission standards. 5 EPA later revised these regulations in

1997. 6 As stated in the preamble to the 1994 rule, EPA has historically interpreted the section 209(e)(2)(iii) ‘‘consistency’’ inquiry to require, at minimum, that California standards and enforcement procedures be consistent with section 209(a), section 209(e)(1), and section 209(b)(1)(C) (as EPA has interpreted that subsection in the context of section 209(b) motor vehicle waivers). 7

In order to be consistent with section 209(a), California’s nonroad standards and enforcement procedures must not apply to new motor vehicles or new motor vehicle engines. To be consistent with section 209(e)(1), California’s
nonroad standards and enforcement procedures must not attempt to regulate engine categories that are permanently preempted from state regulation. To determine consistency with section 209(b)(1)(C), EPA typically reviews nonroad authorization requests under the same ‘‘consistency’’ criteria that are applied to motor vehicle waiver requests. Pursuant to section 209(b)(1)(C), the Administrator shall not grant California a motor vehicle waiver
if she finds that California ‘‘standards and accompanying enforcement procedures are not consistent with section 202(a)’’ of the Act. Previous decisions granting waivers and
authorizations have noted that state standards and enforcement procedures are inconsistent with section 202(a) if: (1) There is inadequate lead time to permit the development of the necessary technology giving appropriate consideration to the cost of compliance within that time, or (2) the federal and state testing procedures impose inconsistent certification requirements.

III. EPA’s Request for Comments

As stated above, EPA is offering the opportunity for a public hearing, and requesting written comment on issues relevant to a full authorization analysis. Specifically, we request comment on: (a)

Whether CARB’s determination that its standards, in the aggregate, are at least as protective of public health and welfare as applicable federal standards is arbitrary and capricious, (b) whether

California needs such standards to meet compelling and extraordinary conditions, and (c) whether California’s standards and accompanying enforcement procedures are consistent

with section 209 of the Act.

IV. Procedures for Public Participation

If a hearing is held, the Agency will

make a verbatim record of the proceedings. Interested parties may arrange with the reporter at the hearing to obtain a copy of the transcript at their own expense. Regardless of whether a public hearing is held, EPA will keep the record open until December 15, 2011. Upon expiration of the comment period, the Administrator will render a decision on CARB’s request based on the record from the public hearing, if any, all relevant written submissions,

and other information that she deems pertinent. All information will be available for inspection at the EPA Air Docket No. EPA–HQ–OAR–2011–0830.

Persons with comments containing proprietary information must distinguish such information from other comments to the greatest extent possible

and label it as ‘‘Confidential Business Information’’ (‘‘CBI’’). If a person making comments wants EPA to base its decision on a submission labeled as CBI,

then a non-confidential version of the document that summarizes the key data

or information should be submitted to the public docket. To ensure that proprietary information is not inadvertently placed in the public docket, submissions containing such information should be sent directly to the contact person listed above and not to the public docket. Information covered by a claim of confidentiality will be disclosed by EPA only to the extent allowed, and according to the procedures set forth in 40 CFR part 2. If no claim of confidentiality accompanies the submission when EPA receives it, EPA will make it available to the public without further notice to the person making comments.

Dated: October 25, 2011.

Margo Tsirigotis Oge,
Director, Office of Transportation and Air Quality, Office of Air and Radiation.

[FR Doc. 2011–28116 Filed 10–28–11; 8:45 am]

**BILLING CODE 6560–50–P**