Federal Register / Vol. 76, No. 21 / Tuesday, February 1, 2011 / Notices 5589 

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. 

IV. Within-the-Scope Determinations 

If California amends regulations that 

were previously granted a waiver of 

preemption or authorization, EPA can 

confirm that the amended regulations 

are within-the-scope of the previously 

granted waiver or authorization. Such 

within-the-scope amendments are 

permissible without a full waiver review 

if three conditions are met. First, the 

amended regulations must not 

undermine California’s determination 

that its standards, in the aggregate, are 

as protective of public health and 

welfare as applicable federal standards. 

Second, the amended regulations must 

not affect consistency with section 

202(a) of the Act. Third, the amended 

regulations must not raise any ‘‘new 

issues’’ affecting EPA’s prior waivers or 

authorizations. 

V. EPA’s Request for Public Comment 

When EPA receives a new waiver or 

authorization request from CARB, EPA 

traditionally publishes a notice of 

opportunity for public hearing and 

comment, and then publishes a decision 

in the Federal Register following the 

conclusion of the comment period. In 

contrast, when EPA receives a request 

from CARB for a within-the-scope 

confirmation, EPA may publish a 

decision in the Federal Register and 

concurrently invite public comment if 

an interested party is opposed to EPA’s 

decision. 

Because CARB’s request regarding its 

Mobile Cargo Handling Equipment 

regulations includes both within-thescope confirmation requests and a 

request for a full authorization, EPA is 

inviting comment on several issues. 

First, we request comment on which 

criteria we should apply to the various 

provisions included within CARB’s 

Mobile Cargo Handling Equipment 

regulations. More specifically, we are 

requesting comment on whether any of 

the particular regulatory provisions 

included in CARB’s request should be 

considered as within-the-scope of 

previous EPA waivers or authorizations, 

and which particular regulatory 

provisions should be so considered, or 

whether EPA should consider all of the 

regulatory provisions as requiring a full 

waiver or authorization. Next, we seek 

comment on application of the 

appropriate criteria. To the extent that a 

commenter believes a regulatory 

provision is within-the-scope, they 

should also comment on how EPA 

should apply its within-the-scope 

criteria; alternatively, should a 

commenter believe that a particular 

regulatory provision requires a full 

waiver or authorization, we request 

comment on whether California has met 

the criteria for receipt of a full waiver 

or authorization. 

Within the context of a within-thescope analysis, EPA invites comment on 

whether California’s Mobile Cargo 

Handling Equipment requirements: (1) 

Undermine California’s previous 

determination that its standards, in the 

aggregate, are at least as protective of 

public health and welfare as comparable 

Federal standards, (2) affect the 

consistency of California’s requirements 

with section 202(a) of the Act, and (3) 

raise any other new issues affecting 

EPA’s previous waiver or authorization 

determinations. 

As stated above, EPA is also 

requesting comment on issues relevant 

to a full waiver and authorization 

analyses, in the event that EPA 

determines that any of California’s 

standards should not be considered 

within-the-scope of CARB’s previous 

waivers and authorizations, and instead 

require a full waiver or 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. 

VI. 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 March 17, 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–2010–0862. 

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: January 25, 2011. 

Margo T. Oge, 

Director, Office of Transportation and Air 

Quality, Office of Air and Radiation. 

[FR Doc. 2011–2082 Filed 1–31–11; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL ELECTION COMMISSION 

Public Availability of Federal Election 

Commission, Procurement Division FY 

2010 Service Contract Inventory 

AGENCY: Federal Election Commission. 

ACTION: Notice of public availability of 

FY 2010 Service Contract Inventories. 

SUMMARY: In accordance with Section 

743 of Division C of the Consolidated 

Appropriations Act of 2010 (Pub. L. 

111–117), FEC PROCUREMENT 

DIVISION is publishing this notice to 

advise the public of the availability of 

the FY 2010 Service Contract inventory. 

This inventory provides information on 

service contract actions over $25,000 

that were made in FY 2010. The 

information is organized by function to 

show how contracted resources are 

distributed throughout the agency. The 

inventory has been developed in 

accordance with guidance issued on 

November 5, 2010 by the Office of 

Management and Budget’s Office of 

Federal Procurement Policy (OFPP). 

OFPP’s guidance is available at http:// 

www.whitehouse.gov/sites/default/files/ 


srobinson on DSKHWCL6B1PROD with NOTICES
5590 Federal Register / Vol. 76, No. 21 / Tuesday, February 1, 2011 / Notices 

omb/procurement/memo/servicecontract-inventories-guidance11052010.pdf. 

The FEC Procurement Division has 

posted its inventory and a summary of 

the inventory on the FEC homepage at 

the following link: http://www.fec.gov/ 

pages/procure/procure.shtml. 

FOR FURTHER INFORMATION CONTACT: 

Questions regarding the service contract 

inventory should be directed to Bret A. 

Zieman, Director of Procurement, at 

202–694–1225 or BZIEMAN@FEC.GOV. 

Dated: January 26, 2011. 

Shawn Woodhead Werth, 

Secretary and Clerk, Federal Election 

Commission. 

[FR Doc. 2011–2035 Filed 1–31–11; 8:45 am] 

BILLING CODE P 

FEDERAL RESERVE SYSTEM 

Agency Information Collection 

Activities: Announcement of Board 

Approval Under Delegated Authority 

and Submission to OMB 

SUMMARY: 

Background 

Notice is hereby given of the final 

approval of proposed information 

collections by the Board of Governors of 

the Federal Reserve System (Board) 

under OMB delegated authority, as per 

5 CFR 1320.16 (OMB Regulations on 

Controlling Paperwork Burdens on the 

Public). Board-approved collections of 

information are incorporated into the 

official OMB inventory of currently 

approved collections of information. 

Copies of the Paperwork Reduction Act 

Submission, supporting statements and 

approved collection of information 

instrument(s) are placed into OMB’s 

public docket files. The Federal Reserve 

may not conduct or sponsor, and the 

respondent is not required to respond 

to, an information collection that has 

been extended, revised, or implemented 

on or after October 1, 1995, unless it 

displays a currently valid OMB control 

number. 

FOR FURTHER INFORMATION CONTACT: 

Acting Federal Reserve Board Clearance 

Officer: Cynthia Ayouch—Division of 

Research and Statistics, Board of 

Governors of the Federal Reserve 

System, Washington, DC 20551 (202– 

452–3829) 

OMB Desk Officer: Shagufta Ahmed— 

Office of Information and Regulatory 

Affairs, Office of Management and 

Budget, New Executive Office 

Building, Room 10235, Washington, 

DC 20503. 

Final Approval Under OMB Delegated 

Authority of the Extension for Three 

Years, Without Revision, of the 

Following Report 

Report title: Recordkeeping 

Requirements Associated with the Real 

Estate Lending Standards Regulation for 

State Member Banks. 

Agency form number: Reg H–5. 

OMB control number: 7100–0261. 

Frequency: Aggregate report, 

quarterly; policy statement, annually. 

Reporters: State member banks. 

Estimated annual reporting hours: 

16,860 hours. 

Estimated average hours per response: 

Aggregate report: 5 hours; Policy 

statement: 20 hours. 

Number of respondents: 843. 

General description of report: This 

information collection is mandatory 

pursuant to section 304 of the Federal 

Deposit Insurance Corporation 

Improvement Act of 1991 (FDICIA) (12 

U.S.C. 1828(o)) which authorizes the 

Federal Reserve to require the 

recordkeeping requirements associated 

with the Board’s Regulation H (12 CFR 

208.51). Since the information is not 

collected by the Federal Reserve, no 

issue of confidentiality under the 

Freedom of Information Act (FOIA) 

arises. However, information gathered 

by the Federal Reserve during 

examinations of state member banks 

would be deemed exempt from 

disclosure under exemption 8 of FOIA. 

5 U.S.C. 552(b)(8). In addition, 

exemptions 4 and 6 of FOIA, (5 U.S.C. 

552(b)(4) and (b)(6)) also may apply to 

certain data (specifically, individual 

loans identified as in excess of 

supervisory loan-to-value limits) 

collected in response to these 

requirements if gathered by the Federal 

Reserve, depending on the particular 

circumstances. These exemptions relate 

to confidential commercial and 

financial information, and personal 

information, respectively. Applicability 

of these exemptions would be 

determined on a case-by-case basis. 

Abstract: State member banks must 

adopt and maintain a written real estate 

lending policy. Also, banks must 

identify their loans in excess of the 

supervisory loan-to-value limits and 

report (at least quarterly) the aggregate 

amount of the loans to the bank’s board 

of directors. 

Current Actions: On November 19, 

2010, the Federal Reserve published a 

notice in the Federal Register (75 FR 

70919) requesting public comment for 

60 days on the extension, without 

revision, of Recordkeeping 

Requirements Associated with the Real 

Estate Lending Standards Regulation for 

State Member Banks. The comment 

period for this notice expired on January 

18, 2011. The Federal Reserve did not 

receive any comments. 

Final Approval Under OMB Delegated 

Authority of the Extension for Three 

Years, With Minor Revisions, of the 

Following Reports 

1. Report title: Application for 

Employment with the Board of 

Governors of the Federal Reserve 

System. 

Agency form numbers: FR 28, FR 28s, 

FR 28i. 

OMB control number: 7100–0181. 

Frequency: On Occasion. 

Reporters: Employment applicants. 

Annual reporting hours: 3,558 hours. 

Estimated average hours per response: 

FR 28: 1 hour; FR 28s: 1 minute; FR 28i: 

5 minutes. 

Number of respondents: FR 28: 3,500; 

FR 28s: 2,000; FR 28i: 300. 

General description of report: This 

information collection is required to 

obtain a benefit and is authorized 

pursuant to Sections 10 and 11 of the 

Federal Reserve Act (12 U.S.C. 244 and 

248(1)). Information provided will be 

kept confidential under exemption 

(b)(6) of the FOIA to the extent that the 

disclosure of information ‘‘would 

constitute a clearly unwarranted 

invasion of personal privacy.’’ 5 U.S.C. 

552(b)(6). 

Abstract: The Application collects 

information to determine the 

qualifications and availability of 

applicants for employment with the 

Board such as information on education 

and training, employment record, 

military service record, and other 

information since the time the applicant 

left high school. Included with the 

Application are two supplemental 

questionnaires: (1) The Applicant’s 

Voluntary Self-Identification Form (FR 

28s), which collects information on the 

applicant’s gender and ethnic group and 

(2) The Research Assistant Candidate 

Survey of Interests (FR 28i), which 

collects information from candidates 

applying for Research Assistant 

positions on their level of interest in 

economics and related areas. 

Current Actions: On November 19, 

2010, the Federal Reserve published a 

notice in the Federal Register (75 FR 

70919) requesting public comment for 

60 days on the extension, with minor 

revision, of the Application for 

Employment with the Board of 

Governors of the Federal Reserve 

System. The comment period for this 

notice expired on January 18, 2011. The 

Federal Reserve did not receive any 

comments. The revisions will be 

implemented as proposed. 


srobinson on DSKHWCL6B1PROD with NOTICES