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 


jlentini on DSK4TPTVN1PROD with NOTICES
Federal Register / Vol. 76, No. 210 / Monday, October 31, 2011 / Notices 67185 

1California Air Resources Board (‘‘CARB’’), 

‘‘Request for Authorization,’’ December 10, 2008, 

EPA–HQ–OAR–2011–0830–0001. 

2CARB 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’’), regarding 

its 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– 


jlentini on DSK4TPTVN1PROD with NOTICES
67186 Federal Register / Vol. 76, No. 210 / Monday, October 31, 2011 / Notices 

3CARB Enclosure 2, ‘‘Executive Order R–07– 

001,’’ EPA–HQ–OAR–2011–0830–0003. 

4CARB Enclosure 3, ‘‘Final Regulation Order,’’ 

EPA–HQ–OAR–2011–0830–0004. 

5 59 FR 36969 (July 20, 1994). 

6See 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. 

7See 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 


jlentini on DSK4TPTVN1PROD with NOTICES