45726 Federal Register / Vol. 86, No. 155 / Monday, August 16, 2021 / Notices 

(3) The California standards and accompanying 

enforcement procedures are not consistent with 

section 209 of the Act. 

(c) In considering any request to authorize 

California 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. 

11 59 FR 36969 (July 20, 1994). 

12 Id. See also 78 FR 58090, 58092 (September 20, 

2013). 

13See Motor and Equipment Manufacturers 

Association v Environmental Protection Agency, 

627 F.2d 1095 (D.C. Cir. 1979). 

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).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 he 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.12

When considering whether to grant 

authorizations for accompanying 

enforcement procedures tied to 

standards (such as record keeping and 

labeling requirements) for which an 

authorization has already been granted, 

EPA has evaluated (1) whether the 

enforcement procedures are so lax that 

they threaten the validity of California’s 

determination that its standards are as 

protective of public health and welfare 

as applicable federal standards, and (2) 

whether the federal and California 

enforcement procedures are 

consistent.13

III. EPA’s Request for Comments 

As stated above, EPA is offering the 

opportunity for a public hearing, and is 

requesting written comment on issues 

relevant to EPA’s consideration of the 

accompanying enforcement procedures 

established within the 2016 LSI Fleet 

Amendments. Specifically, we request 

comment on whether California’s 2016 

LSI Fleet Amendments: (a) 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; 

(b) affect the consistency of California’s 

requirements with section 209 of the 

Act; or (c) raise any other new issues 

affecting EPA’s previous waiver or 

authorization determinations. 

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 October 12, 2021. 

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 he deems pertinent. All 

information will be available for 

inspection at the EPA Air Docket No. 

EPA–HQ–OAR–2021–0327. 

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: August 11, 2021. 

Karl Simon, 

Director, Transportation and Climate 

Division, Office of Transportation and Air 

Quality, Office of Air and Radiation. 

[FR Doc. 2021–17497 Filed 8–13–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OAR–2012–0103; FRL 8840–01– 

OAR] 

Proposed Information Collection 

Request; Comment Request; Diesel 

Emissions Reduction Act (DERA) 

Rebate Program; EPA ICR No. 2461.04, 

OMB Control No. 2060–0686 Renewal 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The Environmental Protection 

Agency (EPA) is planning to submit an 

information collection request (ICR), 

‘‘Diesel Emissions Reduction Act 

(DERA) Rebate Program’’ (EPA ICR No. 

2461.04, OMB Control No. 2060–0686) 

to the Office of Management and Budget 

(OMB) for review and approval in 

accordance with the Paperwork 

Reduction Act . Before doing so, EPA is 

soliciting public comments on specific 

aspects of the proposed information 

collection as described below. This is a 

proposed extension of the ICR, which is 

currently approved through April 30, 

2022. An Agency may not conduct or 

sponsor and a person is not required to 

respond to a collection of information 

unless it displays a currently valid OMB 

control number. 

DATES: Comments must be submitted on 

or before October 15, 2021. 

ADDRESSES: Submit your comments, 

referencing Docket ID No. EPA–HQ– 

OAR–2012–0103, online using 

www.regulations.gov (our preferred 

method), by email to a-and-r-docket@

epa.gov, or by mail to: EPA Docket 

Center, Environmental Protection 

Agency, Mail Code 28221T, 1200 

Pennsylvania Ave. NW, Washington, DC 

20460. 

EPA’s policy is that all comments 

received will be included in the public 

docket without change including any 

personal information provided, unless 

the comment includes profanity, threats, 

information claimed to be Confidential 

Business Information (CBI) or other 


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Federal Register / Vol. 86, No. 155 / Monday, August 16, 2021 / Notices 45727 

information whose disclosure is 

restricted by statute. 

FOR FURTHER INFORMATION CONTACT: 

Jason Wilcox, Office of Transportation 

and Air Quality, (6406A), 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW, Washington, DC 

20460; telephone number: 202–343– 

9571; fax number: 202–343–2803; email 

address: wilcox.jason@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Supporting documents which explain 

in detail the information that the EPA 

will be collecting are available in the 

public docket for this ICR. The docket 

can be viewed online at 

www.regulations.gov or in person at the 

EPA Docket Center, WJC West, Room 

3334, 1301 Constitution Ave. NW, 

Washington, DC. The telephone number 

for the Docket Center is 202–566–1744. 

For additional information about EPA’s 

public docket, visit http://www.epa.gov/ 

dockets. 

Pursuant to section 3506(c)(2)(A) of 

the PRA, EPA is soliciting comments 

and information to enable it to: (i) 

Evaluate whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the Agency, including 

whether the information will have 

practical utility; (ii) evaluate the 

accuracy of the Agency’s estimate of the 

burden of the proposed collection of 

information, including the validity of 

the methodology and assumptions used; 

(iii) enhance the quality, utility, and 

clarity of the information to be 

collected; and (iv) minimize the burden 

of the collection of information on those 

who are to respond, including through 

the use of appropriate automated 

electronic, mechanical, or other 

technological collection techniques or 

other forms of information technology, 

e.g., permitting electronic submission of 

responses. 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. At that time, EPA 

will issue another Federal Register 

notice to announce the submission of 

the ICR to OMB and the opportunity to 

submit additional comments to OMB. 

Abstract: This is an extension of the 

current Information Collection Request 

(ICR) for the Diesel Emissions Reduction 

Act program (DERA) authorized by Title 

VII, Subtitle G (Sections 791 to 797) of 

the Energy Policy Act of 2005 (Pub. L. 

109–58), as amended by the Diesel 

Emissions Reduction Act of 2010 (Pub. 

L. 111–364) and Division S (Section 

101) of the Consolidated Appropriations 

Act, 2021 (Pub. L. 116–260), codified at 

42 U.S.C. 16131 et seq. DERA provides 

the Environmental Protection Agency 

(EPA) with the authority to award 

grants, rebates or low-cost revolving 

loans on a competitive basis to eligible 

entities to fund the costs of projects that 

significantly reduce diesel emissions 

from mobile sources through 

implementation of a certified engine 

configuration, verified technology, or 

emerging technology. Eligible mobile 

sources include buses (including school 

buses), medium heavy-duty or heavy 

heavy-duty diesel trucks, marine 

engines, locomotives, or nonroad 

engines or diesel vehicles or equipment 

used in construction, handling of cargo 

(including at ports or airports), 

agriculture, mining, or energy 

production. In addition, eligible entities 

may also use funds awarded for 

programs or projects to reduce longduration idling using verified 

technology involving a vehicle or 

equipment described above. The 

objective of the assistance under this 

program is to achieve significant 

reductions in diesel emissions in terms 

of tons of pollution produced and 

reductions in diesel emissions exposure, 

particularly from fleets operating in 

areas designated by the Administrator as 

poor air quality areas. 

EPA uses approved procedures and 

forms to collect necessary information 

to operate its grant and rebate programs. 

EPA has been providing rebates under 

DERA since Fiscal Year 2012. EPA is 

requesting an extension of the current 

ICR, which is currently approved 

through April 30, 2022, for forms 

needed to collect necessary information 

to operate a rebate program as 

authorized by Congress under the DERA 

program. 

EPA collects information from 

applicants to the DERA rebate program. 

Information collected is used to ensure 

eligibility of applicants and engines to 

receive funds under DERA, and to 

calculate estimated and actual 

emissions benefits that result from 

activities funded with rebates as 

required in DERA’s authorizing 

legislation. 

Form Numbers: 2060–0686. 

Respondents/affected entities: Entities 

potentially affected by this action are 

those interested in applying for a rebate 

under EPA’s Diesel Emission Reduction 

Act (DERA) Rebate Program and include 

but are not limited to the following 

NAICS (North American Industry 

Classification System) codes: 23 

Construction; 482 Rail Transportation; 

483 Water Transportation; 484 Truck 

Transportation; 485 Transit and Ground 

Passenger Transportation; 4854 School 

and Employee Bus Transportation; 

48831 Port and Harbor Operations; 

61111 Elementary and Secondary 

Schools; 61131 Colleges, Universities, 

and Professional Schools; 9211 

Executive, Legislative, and Other 

Government Support; and 9221 Justice, 

Public Order, and Safety Activities. 

Respondent’s obligation to respond: 

Voluntary. 

Estimated number of respondents: 

564 (total). 

Frequency of response: Voluntary as 

needed. 

Total estimated burden: 2903 hours 

(per year). Burden is defined at 5 CFR 

1320.03(b). 

Total estimated cost: $121,421.59 (per 

year), includes $0 annualized capital or 

operation & maintenance costs. 

Changes in Estimates: There is 

decrease of 42 hours in the total 

estimated respondent burden compared 

with the ICR currently approved by 

OMB. This decrease is the result of a 

reduction in annual responses in the 

program in 2018 and 2019 which offset 

a small increase in hours per response 

resulting from new estimates provided 

in the respondent consultation. 

Dated: August 9, 2021. 

Michael Moltzen, 

Acting Director, Transportation and Climate 

Division, Office of Air and Radiation. 

[FR Doc. 2021–17405 Filed 8–13–21; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

[CC Docket No. 92–237; FR ID 42991] 

Next Meeting of the North American 

Numbering Council 

AGENCY: Federal Communications 

Commission. 

ACTION: Notice. 

SUMMARY: In this document, the 

Commission released a public notice 

announcing the meeting of the North 

American Numbering Council (NANC), 

which will be held via video conference 

and available to the public via live 

internet feed. 

DATES: Wednesday, October 13, 2021. 

The meeting will come to order at 2:00 

p.m. 

ADDRESSES: The meeting will be 

conducted via video conference and 

available to the public via the internet 

at http://www.fcc.gov/live. 

FOR FURTHER INFORMATION CONTACT: 

Christi Shewman, Designated Federal 

Officer, at christi.shewman@fcc.gov or 

202–418–0646. More information about 

the NANC is available at https://

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