Federal Register / Vol. 76, No. 125 / Wednesday, June 29, 2011 / Notices 38153 

program in achieving the objectives of 

the regulations. The Forms are required 

before making customs entry; see 19 

CFR 12.73 and 12.74. 

Burden Statement: The annual public 

reporting and recordkeeping burden for 

this collection of information is 

estimated to average 0.81 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 

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: 4,801. 

Frequency of response: Once per 

entry. (One form per shipment may be 

used). 

Estimated total average number of 

responses for each respondent: 2.5. 

Estimated total annual burden hours: 

6,029. 

Estimated total annual costs: 

$299,481. This includes an estimated 

burden cost of $261,479 and an 

estimated cost of $38,002 for capital 

investment or maintenance and 

operational costs. 

Are there changes in the estimates from 

the last approval? 

There are no changes in the number 

of hours in the total estimated 

respondent burden compared with that 

identified in the ICR currently approved 

by OMB. Form 3520–21 has remained 

relatively unchanged since the previous 

renewal and therefore the burden for 

filling in the form remains unchanged. 

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: June 22, 2011. 

Karl J. Simon, 

Director, Compliance and Innovative 

Strategies Division. 

[FR Doc. 2011–16356 Filed 6–28–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9427–1] 

California State Nonroad Engine 

Pollution Control Standards; 

Commercial Harbor Craft Regulations; 

Opportunity for Public Hearing and 

Comment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of opportunity for public 

hearing and comment. 

SUMMARY: The California Air Resources 

Board (CARB) has notified EPA that it 

has adopted regulations for the control 

of emissions of particulate matter and 

oxides of nitrogen from new and in-use 

diesel-fueled engines on commercial 

harbor craft. CARB has requested that 

EPA issue a new authorization under 

section 209(e) of the Clean Air Act for 

the emission standards established by 

these regulations. This notice 

announces that EPA has tentatively 

scheduled a public hearing to consider 

California’s authorization request, and 

that EPA is now accepting written 

comments on the request. 

DATES: EPA has tentatively scheduled a 

public hearing concerning CARB’s 

request for July 21, 2011, at 1 p.m. EST. 

EPA will hold a hearing only if any 

party notifies EPA by July 15, 2011, 

expressing its interest in presenting oral 

testimony. Parties wishing to present 

oral testimony at the public hearing 

should provide written notice to 

Kristien Knapp at the e-mail 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 will instead 

consider CARB’s request based on 

written submissions to the docket. Any 

party may submit written comments 

until August 22, 2011. 

By July 20, 2011, any person who 

plans to attend the hearing may call 

Tayyaba Waqar at (202) 343–9182, to 

learn if a hearing will be held. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2011–0549, by one of the 

following methods: 

• On-Line at http:// 

www.regulations.gov: Follow the OnLine Instructions for Submitting 

Comments. 

• E-mail: a-and-r-docket@epa.gov. 

• Fax: (202) 566–1741. 

• Mail: Air and Radiation Docket, 

Docket ID No. EPA–HQ–OAR–2011– 

0549, 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– 

0549. 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 e-mail. The 

http://www.regulations.gov website 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 http:// 

www.regulations.gov, your e-mail 

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 

mstockstill on DSK4VPTVN1PROD with NOTICES

38154 Federal Register / Vol. 76, No. 125 / Wednesday, June 29, 2011 / Notices 

1Letter from James Goldstene to Lisa P. Jackson, 

EPA–HQ–OAR–2011–0549–0001. 2CARB Attachment 10, Resolution 07–47, EPA– 

HQ–OAR–2011–0549–0027. 3CARB Attachment 11, Executive Order R–08– 

007, EPA–HQ–OAR–2011–0549–0030. 4See CARB Attachment 16, California Office of 

Administrative Law, Approval Notice, EPA–HQ– 

OAR–2011–0549–0035. 5See CARB Attachment 15, California Office of 

Administrative Law, Final Regulation Order, EPA– 

HQ–OAR–2011–0549–0034. 6See CARB, Authorization Support Document, p. 

5, EPA–HQ–OAR–2011–0549–0002. 

7CARB, Authorization Support Document, EPA– 

HQ–OAR–2011–0549–0002. 

8BACT is the diesel emission control strategy 

(DECS) determined by CARB to be the greatest 

feasible reduction of NOX or PM when used with 

the ferry’s propulsion engines and does not result 

in an increase of ten percent or more of any air 

pollutant including NOX or PM, relative to the 

engine’s emission of that air pollutant without the 

use of BACT and use of DECS on or with engine 

does not invalidate or otherwise adversely affect the 

propulsion engine’s original warranty. 

9Alternative emission control strategies can 

include engine modification, exhaust aftertreatment control, engine repower, use of 

alternative fuels or fuel additives, or fleet averaging. 

See CARB, Authorization Support Document, EPA– 

HQ–OAR–2011–0549–0002. 

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–2011–0549. 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-r-Docket@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 website, 

enter EPA–HQ–OAR–2010–0549, 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 webpage 

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 and Innovative Strategies 

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. E-mail: 

knapp.kristien@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. California’s Commercial Harbor Craft 

Regulations 

In a letter dated April 12, 2010, CARB 

submitted to EPA its request pursuant to 

section 209(e) of the Clean Air Act 

(‘‘CAA’’ or ‘‘the Act’’), regarding its 

regulations to enforce emission 

standards for new and in-use 

commercial harbor craft operated within 

California waters and twenty-four 

nautical miles of the California baseline 

(‘‘commercial harbor craft regulations’’ 

or ‘‘CHC regulations’’).1 The CARB 

Board approved the commercial harbor 

craft regulations at its November 15, 

2007 hearing (by Resolution 07–47).2

After making modifications, as directed 

by the Board, CARB’s Executive Officer 

formally adopted the rulemaking in 

Executive Order R–08–007 on 

September 2, 2008.3 CARB’s commercial 

harbor craft regulations became 

operative under California state law on 

November 19, 2008.4 The regulations 

are codified in title 13, California Code 

of Regulations (CCR), section 2229.5 and 

title 17, CCR section 93118.5.5

California’s commercial harbor craft 

regulations establish emission 

standards; requirements related to the 

control of emissions; and enforcement 

provisions. The requirements are 

applicable to diesel propulsion and 

auxiliary engines on new and in-use 

commercial harbor crafts, with some 

exceptions.6 Commercial harbor craft 

include a variety of different types of 

vessels, including ferries, excursion 

vessels, tugboats, towboats, and 

commercial and charter fishing boats. 

Approximately eighty percent of 

commercial harbor craft engines 

operating in California are previously 

unregulated diesel engines, accounting 

for approximately 3.3 tons per day (tpd) 

of diesel particulate matter (PM) and 73 

tpd of oxides of nitrogen (NOX). 

California’s commercial harbor craft 

regulations aim to reduce these 

emissions so that California can meet 

the 2014 National Ambient Air Quality 

Standards (NAAQS) deadline for PM2.5

in the South Coast Air Basin. The 

commercial harbor craft regulations 

apply separately to new and in-use 

engines used on harbor craft.7

For new harbor crafts, each 

propulsion and auxiliary diesel engine 

on the vessel is required to be certified 

to the most stringent federal new marine 

engine emissions standards for that 

engine’s power rating and displacement 

in effect at the time of sale, lease, rent, 

or acquisition. The regulation imposes 

additional requirements for larger new 

ferries (with the capacity to transport 

seventy-five or more passengers), either 

by using best available control 

technology (‘‘BACT’’),8 or by using a 

federal Tier 4 certified propulsion 

engine. 

For in-use harbor craft, newly 

acquired new or in-use harbor craft may 

not be sold, offered for sale, leased, 

rented, or acquired unless the diesel 

propulsion or auxiliary engines are 

certified to at least the federal Tier 2 or 

Tier 3 marine emission standards for 

new engines of the same power rating 

and displacement. In-use emission 

requirements are imposed on Tier 0 and 

Tier 1 marine engines in ferries, 

excursion vessels, tugboats, towboats, 

push boats, and multipurpose harbor 

craft. Those harbor crafts are required to 

meet emission limits equal to or cleaner 

than the federal new marine engine 

certification standards in effect for the 

year that in-use engine compliance is 

required. 

California’s commercial harbor craft 

regulations also impose requirements 

related to monitoring, reporting and 

recordkeeping of compliance on owners 

and operators of new and in-use harbor 

craft. Subject to CARB approval, harbor 

craft owners and operators may opt to 

meet requirements by implementing 

alternative emission control strategies.9

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 

mstockstill on DSK4VPTVN1PROD with NOTICES

Federal Register / Vol. 76, No. 125 / Wednesday, June 29, 2011 / Notices 38155 

10Title 40 of the Code of Federal Regulations, part 

1074.105 provides: 

(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. 

11See 59 FR 36969 (July 20, 1994). 

adopting or attempting to enforce any 

standard or other requirement relating 

to the control of emissions for certain 

new nonroad engines or vehicles. 

Section 209(e)(2) requires the 

Administrator, after notice and 

opportunity for public hearing, to 

authorize California to enforce 

standards and other requirements 

relating to the control of emissions from 

new engines not listed under section 

209(e)(1), if certain criteria are met. EPA 

has promulgated regulations 

implementing these provisions at 40 

CFR part 1074. These regulations set 

forth the criteria that EPA must consider 

before granting California authorization 

to enforce its new nonroad emission 

standards.10 As stated in the preamble 

to the section 209(e) 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).11

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 section 209(e) 

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 August 22, 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–2011–0549. 

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: June 24, 2011. 

Margo T. Oge, 

Director, Office of Transportation and Air 

Quality, Office of Air and Radiation. 

[FR Doc. 2011–16398 Filed 6–28–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9426–9] 

California State Nonroad Engine 

Pollution Control Standards; OceanGoing Vessels At-Berth in California 

Ports; Opportunity for Public Hearing 

and Comment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of opportunity for public 

hearing and comment. 

SUMMARY: The California Air Resources 

Board (CARB) has notified EPA that it 

has adopted airborne toxic control 

measures for auxiliary diesel engines 

operated on ocean-going vessels at-berth 

in California ports (‘‘At-Berth 

Regulation’’). The At-Berth Regulation is 

designed to reduce emissions of oxides 

of nitrogen and particulate matter from 

auxiliary diesel engines on container 

vessels, passenger vessels and 

refrigerated cargo vessels while they are 

docked at specified California ports. 

CARB has requested that EPA grant a 

new full authorization pursuant to 

Clean Air Act section 209(e) for this 

regulation. This notice announces that 

EPA has tentatively scheduled a public 

hearing to consider California’s At-Berth 

Regulation, and that EPA is now 

accepting written comment on the 

request. 

DATES: EPA has tentatively scheduled a 

public hearing concerning CARB’s 

request on July 21, 2011, at 10 a.m. EST. 

EPA will hold a hearing only if any 

party notifies EPA by July 15, 2011, 

expressing its interest in presenting oral 

testimony. Parties wishing to present 

oral testimony at the public hearing 

should provide written notice to 

Kristien Knapp at the e-mail address 

mstockstill on DSK4VPTVN1PROD with NOTICES