21260 Federal Register / Vol. 72, No. 82 / Monday, April 30, 2007 / Notices 

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. 

Respondents/Affected Entities: 

Secondary brass and bronze production 

facilities, primary copper/zinc/lead 

smelters, primary aluminum reduction 

plants and ferroalloy production 

facilities. 

Estimated Number of Respondents: 

18. 

Frequency of Response: Initially and 

semi-annually. 

Estimated Total Annual Hour Burden: 

4,914. 

Estimated Total Annual Cost: 

$442.450 which includes $0 annualized 

capital startup costs, $131,600 in 

annualized Operation and Maintenance 

costs (O&M), and $310,850 annualized 

labor costs. 

Changes in the Estimates: There is no 

change in the total estimated burden 

currently identified in the OMB 

Inventory of Approved ICR Burdens. 

Dated: April 12, 2007. 

Robert Gunter, 

Acting Director, Collection Strategies 

Division. 

[FR Doc. E7–8181 Filed 4–27–07; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[AMS–FRL–8307–6] 

California State Motor Vehicle 

Pollution Control Standards; Request 

for Waiver of Federal Preemption; 

Opportunity for Public Hearing 

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 Greenhouse Gas Emission 

(GHG) regulations for passenger cars, 

light-duty trucks and medium-duty 

passenger vehicles beginning with the 

2009 model year (MY). By letter dated 

December 21, 2005, CARB submitted a 

request that EPA grant a waiver of 

preemption under section 209(b) of the 

Clean Air Act (CAA), 42 U.S.C. 7543(b) 

for these regulations. This notice 

announces that EPA has scheduled a 

public hearing concerning California’s 

request and that EPA is accepting 

written comment on the request. 

DATES: EPA has scheduled a public 

hearing concerning CARB’s request on 

May 22, 2007, beginning at 9 a.m. Any 

party planning to present oral testimony 

should notify EPA by May 15, 2007, 

expressing its interest. Any party may 

submit written comments by June 15, 

2007. 

ADDRESSES: EPA will make available for 

in person inspection, at the Air and 

Radiation Docket and Information 

Center, written comments received from 

interested parties, in addition to any 

testimony given at the public hearing. 

The official public docket is the 

collection of materials that is available 

for public viewing at the Air and 

Radiation Docket in the EPA Docket 

Center, (EPA/DC) EPA West, Room 

B102, 1301 Constitution Ave., NW., 

Washington, DC. The EPA Docket 

Center Public Reading Room is open 

from 8:30 to 4:30 p.m., Monday through 

Friday, excluding legal holidays. The 

telephone number for the Public 

Reading Room is (202) 566–1744, and 

the telephone number for the Air and 

Radiation Docket is (202) 566–1743. The 

reference number for this docket is 

EPA–HQ–OAR–2006–0173. Parties 

wishing to present oral testimony at the 

public hearing should provide notice to 

David Dickinson at the address noted 

below. We plan to hold the public 

hearing at EPA Headquarters in 

Washington, DC. 

FOR FURTHER INFORMATION CONTACT: 

David Dickinson, Compliance and 

Innovative Strategies Division (6405J), 

U.S. Environmental Protection Agency, 

1200 Pennsylvania Ave, NW., 

Washington, DC 20460. Telephone: 

(202) 343–9256, Fax: (202) 343–2804, email address: 

Dickinson.David@EPA.GOV. EPA will 

make available an electronic copy of 

this Notice on the Office of 

Transportation and Air Quality’s 

(OTAQ’s) homepage (http:// 

www.epa.gov/otaq/). Users can find this 

document by accessing the OTAQ 

homepage and looking at the path 

entitled ‘‘Regulations.’’ This service is 

free of charge, except any cost you 

already incur for Internet connectivity. 

Users can also get the official Federal 

Register version of the Notice on the 

day of publication on the primary 

website: (http://www.epa.gov/docs/ 

fedrgstr/EPA-AIR/). 

Please note that due to differences 

between the software used to develop 

the documents and the software into 

which the documents may be 

downloaded, changes in format, page 

length, etc., may occur. 

For Obtaining and Submitting 

Electronic Copies of Comments: 

Submit your comments, identified by 

Docket ID No. EPA–HQ–OAR–2006–

0173, by one of the following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: dickinson.david@epa.gov. 

• Fax: (202)343–2804. 

• Mail: U.S. Environmental 

Protection Agency, EPA West (Air 

Docket), 1200 Pennsylvania Ave., NW., 

Room B108, Mail Code 6102T, 

Washington, DC 20460, Attention 

Docket ID No. EPA–HQ–OAR–2006–

0173. Please include a total of two 

copies. 

• Hand Delivery: EPA Docket Center, 

EPA/DC, EPA West, Room B102, 1301 

Constitution Ave., NW., Washington, 

DC Such deliveries are only accepted 

during the Docket’s normal hours of 

operation, and special arrangements 

should be made for deliveries of boxed 

information. Instructions: Direct your 

comments to Docket ID No EPA–HQ–

OAR–2006–0173. 

EPA’s policy is that all comments 

received 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 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 e-mail 

comment directly to EPA without going 

through http://www.regulations.gov 

your e-mail address will be 

automatically 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. Docket: All documents in the 


rwilkins on PROD1PC63 with NOTICES
Federal Register / Vol. 72, No. 82 / Monday, April 30, 2007 / Notices 21261 

1To be consistent, the California certification 

procedures need not be identical to the Federal 

certification procedures. California procedures 

would be inconsistent, however, if manufacturers 

would be unable to meet the state and the Federal 

requirements with the same test vehicle in the 

course of the same test. See, e.g., 43 FR 32182 (July 

25, 1978). 

docket are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. 

SUPPLEMENTARY INFORMATION: 

(A) Background and Discussion 

Section 209(a) of the Clean Air Act, as 

amended (‘‘Act’’), 42 U.S.C. 7543(a), 

provides: 

No State or any political subdivision 

thereof shall adopt or attempt to enforce any 

standard relating to the control of emissions 

from new motor vehicles or new motor 

vehicle engines subject to this part. No state 

shall require certification, inspection or any 

other approval relating to the control of 

emissions from any new motor vehicle or 

new motor vehicle engine as condition 

precedent to the initial retail sale, titling (if 

any), or registration of such motor vehicle, 

motor vehicle engine, or equipment. 

Section 209(b) of the Act requires the 

Administrator, after notice and 

opportunity for public hearing, to waive 

application of the prohibitions of 

section 209(a) for any state that has 

adopted standards (other than crankcase 

emission standards) for the control of 

emissions from new motor vehicles or 

new motor vehicle engines prior to 

March 30, 1966, if the state determines 

that the state standards will be, in the 

aggregate, at least as protective of public 

health and welfare as applicable Federal 

standards. California is the only state 

that is qualified to seek and receive a 

waiver under section 209(b). The 

Administrator must grant a waiver 

unless he finds that (A) the 

determination of the state is arbitrary 

and capricious, (B) the state does not 

need the state standards to meet 

compelling and extraordinary 

conditions, or (C) the state standards 

and accompanying enforcement 

procedures are not consistent with 

section 202(a) of the Act. Previous 

decisions granting waivers of Federal 

preemption for motor vehicles have 

stated that State standards are 

inconsistent with section 202(a) if, for 

example, there is inadequate lead time 

to permit the development of the 

necessary technology giving appropriate 

consideration to the cost of compliance 

within that time period or if the Federal 

and State test procedures impose 

inconsistent certification procedures.1

CARB’s December 21, 2005, letter to 

the Administrator notified EPA that the 

CARB Board had adopted its GHG 

regulations at a public hearing on 

September 23–24, 2004 and 

subsequently California’s Office of 

Administrative Law approved the 

regulatory action on September 15, 

2005. The amendment and adoption of 

regulations can be found at title 13, 

California Code of Regulations (CCR), 

sections 1900, 1961 and 1961.1. 

Please provide comment as to 

whether (a) California’s determination 

that its motor vehicle emission 

standards are, in the aggregate, at least 

as protective of public health and 

welfare as applicable Federal standards 

is arbitrary and capricious, (b) California 

needs such standards to meet 

compelling and extraordinary 

conditions, and (c) California’s 

standards and accompanying 

enforcement procedures are consistent 

with section 202(a) of the Clean Air Act. 

Within the context of these statutory 

criteria we also request comment on the 

following: (1) Given that the regulations 

referenced in the December 21, 2005, 

request letter relate to global climate 

change, should that have any effect on 

EPA’s evaluation of the criteria, and if 

so, in what manner; (2) whether the 

United States Supreme Court’s decision, 

issued on April 2, 2007 (549 U.S. 

llll(2007)), regarding the 

regulation of emissions of greenhouse 

gases from new motor vehicles under 

Title II of the Clean Air Act, is relevant 

to EPA’s evaluation of the three criteria, 

and if so, in what manner; and (3) 

whether the Energy Policy and 

Conservation Act (EPCA) fuel economy 

provisions are relevant to EPA’s 

consideration of this petition or to 

CARB’s authority to implement its 

vehicle GHG regulations. 

Procedures for Public Participation 

In recognition that public hearings are 

designed to give interested parties an 

opportunity to participate in this 

proceeding, there are no adverse parties 

as such. Statements by participants will 

not be subject to cross-examination by 

other participants without special 

approval by the presiding officer. The 

presiding officer is authorized to strike 

from the record statements that he or 

she deems irrelevant or repetitious and 

to impose reasonable time limits on the 

duration of the statement of any 

participant. 

The Agency will make a verbatim 

record of the proceedings. Interested 

parties may arrange with the reporter at 

the hearing(s) to obtain a copy of the 

transcript at their own expense. EPA 

will keep the record open until June 15, 

2007. Upon expiration of the comment 

period, the Administrator will render a 

decision on CARB’s request based on 

the record of the public hearing, 

relevant written submissions, and other 

information that he deems pertinent. 

Persons with comments containing 

proprietary information must 

distinguish such information from other 

comments to the greatest possible extent 

and label it as ‘‘Confidential Business 

Information’’ (CBI). If a person making 

comments wants EPA to base its 

decision in part on a submission labeled 

CBI, then a non-confidential version of 

the document that summarizes the key 

data or information should be submitted 

for the public docket. To ensure that 

proprietary information is not 

inadvertently placed in the 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 by 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: April 24, 2007. 

William L. Wehrum, 

Acting Assistant Administrator, Office of Air 

and Radiation. 

[FR Doc. E7–8168 Filed 4–27–07; 2:09 pm] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA-HQ-OPP-2006-0936; FRL-8124-5] 

Notice of Filing of Pesticide Petitions 

for Residues of Pesticide Chemicals in 

or on Various Commodities 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: This notice announces the 

initial filing of pesticide petitions 

proposing the establishment or 

modification of regulations for residues 

of pesticide chemicals in or on various 

commodities. 

DATES: Comments must be received on 

or before May 30, 2007. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number and the pesticide petition 


rwilkins on PROD1PC63 with NOTICES