24874 Federal Register / Vol. 76, No. 85 / Tuesday, May 3, 2011 / Notices 

14Letter from John McKnight, NMMA to Robert 

Doyle, EPA, dated May 11, 2007, Docket Entry 

EPA–HQ–OAR–2004–0403–0042. 

ready to meet the CARB standard in 

2008.’’ 14

II. Decision 

EPA, based on the record of this 

proceeding, cannot find that CARB’s 

Marine Tier II IB/SD protectiveness 

determination was arbitrary and 

capricious, that CARB does not need its 

own standards to meet compelling and 

extraordinary conditions, or that the 

CARB standards are inconsistent with 

section 209 of the Act. Therefore, EPA 

grants authorization for CARB to enforce 

the second tier of its regulations for 

IB/SD engines which set a level of 5.0 

g/kW-hr HC plus NOX and phases in 

beginning with 45% of manufacturers’ 

sales in 2007, 75% in 2008, and 100% 

in 2009 and beyond. EPA has made this 

authorization decision based on the 

information submitted by CARB in its 

requests, and the information presented 

to the Agency at the public hearing and 

in the comments received after the 

hearing. A full explanation of EPA’s 

decision, including our review of 

comments received, is contained in our 

Decision Document which may be 

obtained as explained above in the 

ADDRESSES section of this Notice. 

My decision will affect not only 

persons in California but also persons 

outside the State who would need to 

comply with California’s Marine Tier II 

IB/SD regulations to produce engines for 

introduction into commerce in 

California. For this reason, I hereby 

determine and find that this is a final 

action of national applicability. 

Under section 307(b)(1) of the Act, 

judicial review of this final action may 

be sought only in the United States 

Court of Appeals for the District of 

Columbia Circuit. Petitions for review 

must be filed by July 5, 2011. Under 

section 307(b)(2) of the Act, judicial 

review of this final action may not be 

obtained in subsequent enforcement 

proceedings. 

As with past waiver and authorization 

decisions, this action is not a rule as 

defined by Executive Order 12866. 

Therefore, it is exempt from review by 

the Office of Management and Budget as 

required for rules and regulations by 

Executive Order 12866. 

In addition, this action is not a rule 

as defined in the Regulatory Flexibility 

Act, 5 U.S.C. 601(2). Therefore, EPA has 

not prepared a supporting regulatory 

flexibility analysis addressing the 

impact of this action on small business 

entities. 

The Congressional Review Act, 

5 U.S.C. 801 et seq., as added by the 

Small Business Regulatory Enforcement 

Fairness Act of 1996, does not apply 

because this action is not a rule, for 

purposes of 5 U.S.C. 804(3). 

Finally, the Administrator has 

delegated the authority to make 

determinations regarding authorizations 

under section 209(e) of the Act to the 

Assistant Administrator for Air and 

Radiation. 

Dated: April 26, 2011. 

Gina McCarthy, 

Assistant Administrator, Office of Air and 

Radiation. 

[FR Doc. 2011–10752 Filed 5–2–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OW–2010–0782; ER–FRL–8996–7] 

Initiation of Scoping for an 

Environmental Assessment (EA) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Initiation of Scoping. 

SUMMARY: Pursuant to the National 

Environmental Policy Act (NEPA) (42 

U.S.C. 4321–4307h), the Council on 

Environmental Quality’s NEPA 

regulations (40 CFR parts 1500–1508), 

and EPA’s regulations for implementing 

NEPA (40 CFR part 6), EPA will prepare 

an Environmental Assessment (EA) to 

analyze the potential environmental 

impacts related to the reissuance of the 

National Pollutant Discharge 

Elimination System (NPDES) General 

Permit for Discharges from Construction 

Activities. The EA will evaluate the 

potential environmental impacts from 

the discharge of pollutants associated 

with stormwater runoff from 

construction activities greater than one 

acre, where EPA is the permitting 

authority. EPA will use the information 

in the EA to determine whether to 

prepare an Environmental Impact 

Statement (EIS). 

This notice initiates the scoping 

process by inviting comments from 

Federal, State, and local agencies, 

Indian tribes, and the public to help 

identify the environmental issues and 

reasonable alternatives to be examined 

in the EA. The scoping process will 

inform the preparation of the EA, which 

will be made available for public 

comment. 

DATES: Comments must be received by 

May 27, 2011. 

ADDRESSES: You may submit scoping 

comments to the Docket ID No. EPA– 

HQ–OW–2010–0782 by any of the 

following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments by clicking on ‘‘Help’’ or 

‘‘FAQs.’’ 

• Mail: Attn: CGP Scoping Comments, 

U.S. Environmental Protection Agency, 

Ariel Rios Building, 1200 Pennsylvania 

Avenue, NW., Mail Code: 2252A, 

Washington, DC 20460. 

• Courier: Attn: CGP Scoping 

Comments, U.S. Environmental 

Protection Agency, Ariel Rios Building, 

1200 Pennsylvania Avenue, NW., Rm. 

#7241C, Washington, DC 20004, 

between 9 a.m. and 5 p.m. Eastern time, 

Monday through Friday, except Federal 

holidays. 

• Fax: 202–564–0072, ATTN: CGP 

Scoping Comments. 

Comments should be received within 

30 days of the date of the publication of 

the Proposed Construction General 

Permit in the Federal Register. 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. 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 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 FURTHER INFORMATION CONTACT: 

Jessica Trice, NEPA Compliance 

Division, Office of Federal Activities, 

U.S. Environmental Protection Agency, 

1200 Pennsylvania Avenue, NW., Mail 

Code: 2252A, Washington, DC 20460. 

Telephone: (202) 564–6646. 

SUPPLEMENTARY INFORMATION: EPA is 

seeking public comment to determine 

the scope of environmental issues and 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 76, No. 85 / Tuesday, May 3, 2011 / Notices 24875 

reasonable alternatives to be addressed 

in the EA on the reissuance of the 

National Pollutant Discharge 

Elimination System (NPDES) general 

permit for stormwater discharges from 

construction activities that are greater 

than one acre. EPA invites the public to 

submit comments through 

Regulations.gov or by mail or fax to the 

address cited in the ADDRESSES section 

during the 30-day comment period 

following the publication of the 

Proposed Construction General Permit 

in the Federal Register. 

Since 1992, EPA has issued a series of 

NPDES Construction General Permits 

(CGP) that cover areas where EPA is the 

permitting authority. At present, EPA is 

the permitting authority in four states 

(Idaho, Massachusetts, New Hampshire, 

and New Mexico), the District of 

Columbia, Puerto Rico, all U.S. 

territories with the exception of the 

Virgin Islands, federal facilities in four 

states (Colorado, Delaware, Vermont, 

and Washington), most Indian lands and 

a few other specifically designated 

activities in specific states (e.g., oil and 

gas activities in Texas and Oklahoma). 

EPA’s current CGP became effective on 

June 30, 2008 (see 74 FR 40338) and 

will expire on June 30, 2011. (Note: On 

April 25, 2011, EPA proposed extending 

the expiration of the 2008 CGP until 

January 31, 2012. See 76 FR 22891.) On 

April 25, 2011, EPA proposed for public 

comment the draft National Pollutant 

Discharge Elimination System general 

permit for stormwater discharges from 

large and small construction activities. 

76 FR 22882. The proposed permit 

would replace the 2008 CGP, as well as 

the 2003 CGP for construction sites still 

covered under that administratively 

continued permit. EPA proposes to 

issue the construction general permit for 

five (5) years, and to provide permit 

coverage to eligible existing and new 

construction projects in all areas of the 

country where EPA is the NPDES 

permitting authority. 

EPA is currently planning to analyze 

two alternatives in the EA: No Action, 

that is not issuing the CGP; and the 

proposed action, which is issuing the 

draft CGP implementing the technologybased Effluent Limitation Guidelines 

and New Source Performance Standards 

(C&D Rule). The C&D Rule was issued 

by EPA for the construction and 

development industry on December 1, 

2009. These requirements include (1) 

non-numeric effluent limitations that 

apply to all permitted discharges from 

construction sites in order to minimize 

the discharge of pollutants, and (2) a 

numeric effluent limit that applies to 

sites over 10 acres. The EA will analyze 

the potential environmental impacts of 

both alternatives on threatened and 

endangered species, water quality, and 

historic properties. 

Dated: April 28, 2011. 

Robert W. Hargrove, 

Director, NEPA Compliance Division, Office 

of Federal Activities. 

[FR Doc. 2011–10736 Filed 5–2–11; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

Notice of Public Information 

Collection(s) Being Submitted for 

Review and Approval to the Office of 

Management and Budget (OMB), 

Comments Requested 

April 27, 2011. 

SUMMARY: Direct all PRA comments to 

Nicholas A. Fraser, Office of 

Management and Budget, via fax at 202– 

395–5167 or the Internet at 

Nicholas_A._Fraser@omb.eop.gov and 

to the Federal Communications 

Commission’s PRA mailbox (e-mail 

address: PRA@fcc.gov. Include in the email the OMB control number of the 

collection as shown in the 

SUPPLEMENTARY INFORMATION section 

below, or if there is no OMB control 

number, include the Title as shown in 

the SUPPLEMENTARY INFORMATION section. 

If you are unable to submit your 

comments by e-mail, contact the person 

listed below to make alternate 

arrangements. 

DATES: Written Paperwork Reduction 

Act (PRA) comments should be 

submitted on or before June 2, 2011. If 

you anticipate that you will be 

submitting PRA comments, but find it 

difficult to do so within the period of 

time allowed by this notice, you should 

advise the FCC contact listed below as 

soon as possible. 

ADDRESSES: Direct all PRA comments to 

Nicholas A. Fraser, Office of 

Management and Budget, via fax at 202– 

395–5167 or the Internet at 

Nicholas_A._Fraser@omb.eop.gov; and 

to the Federal Communications 

Commission’s PRA mailbox (e-mail 

address: PRA@fcc.gov). Include in the 

email the OMB control number of the 

collection as shown in the 

SUPPLEMENTARY INFORMATION section 

below, or if there is no OMB control 

number, include the Title as shown in 

the SUPPLEMENTARY INFORMATION section. 

If you are unable to submit your 

comments by email, contact the person 

listed below to make alternate 

arrangements. 

FOR FURTHER INFORMATION CONTACT: 

Benish Shah, Office of Managing 

Director, (202) 418–7866. 

SUPPLEMENTARY INFORMATION: 

OMB Control Number: 3060–1113. 

Title: Commercial Mobile Alert 

System (CMAS). 

Form No.: N/A. 

Type of Review: Revision of a 

currently approved collection. 

Respondents: Business or other forprofit. 

Number of Respondents: 1,253 

respondents; 1,253 responses. 

Estimated Time per Response: .50 

hours. 

Frequency of Response: On occasion 

reporting requirement, recordkeeping 

requirement and third party disclosure 

requirements 

Obligation To Respond: Mandatory. 

Statutory authority for this information 

collection is contained in 47 U.S.C. 

sections 151, 154(i), 154(j), 154(o), 218, 

219, 230, 256, 302(a), 303(f), 303(g), 

303(r), 403, 621(b)(3), and 621(d). 

Total Annual Burden: 627 hours. 

Total Annual Cost: N/A. 

Privacy Act Impact Assessment: N/A. 

Nature and Extent of Confidentiality: 

There is no need for confidentiality. 

Needs and Uses: The Commission 

will submit this information collection 

(IC) to the OMB during this comment 

period. The Commission is seeking 

OMB approval for revision of this 

information collection. 

The Commission is requesting OMB 

approval for a revision because on 

August 7, 2008, the FCC released a 

Third Report and Order in PS Docket 

No. 07–287, FCC 08–184 (CMAS Third 

R&O). 

The CMAS Third R&O implements 

provisions of the Warning, Alert and 

Response Network (‘‘WARN’’) Act, 

including inter alia, a requirement that 

within 30 days of release of the CMAS 

Third R&O, each Commercial Mobile 

Service (CMS) provider must file an 

election with the Commission 

indicating whether or not it intends to 

transmit emergency alerts as part of the 

Commercial Mobile Alert System 

(CMAS). The CMAS Third R&O noted 

that this filing requirement was subject 

to OMB review and approval. The 

Commission received ‘‘pre-approval’’ 

from the OMB on February 4, 2008. The 

Commission began accepting CMAS 

election filings on or before 

September 8, 2008. 

All CMS providers are required to 

submit a CMAS election, including 

those that were not licensed at the time 

of the initial filing deadline with the 

FCC. In addition, any CMS provider 

choosing to withdraw its election must 


srobinson on DSKHWCL6B1PROD with NOTICES