29796 Federal Register / Vol. 66, No. 106 / Friday, June 1, 2001 / Notices

ENVIRONMENTAL PROTECTION

AGENCY

[FRL–6989–2]

Agency Information Collection

Activities: Submission for OMB

Review; Comment Request; Clean Air

Act Tribal Authority

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice.

SUMMARY: In compliance with the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.), this notice announces that

the following Information Collection

Request (ICR) has been forwarded to the

Office of Management and Budget

(OMB) for review and approval: Clean

Air Act Tribal Authority (OMB Control

No. 2060–0306), expiring May 31, 2001.

The ICR describes the nature of the

information collection and its expected

burden and cost; where appropriate, it

includes the actual data collection

instrument.

DATES: Comments must be submitted on

or before July 2, 2001.

ADDRESSES: Send comments, referencing

EPA ICR No. 1676.03 and OMB Control

No. 2060–0306, to the following

addresses: Sandy Farmer, U.S.

Environmental Protection Agency,

Collection Strategies Division (Mail

Code 2822), 1200 Pennsylvania Avenue,

NW., Washington, DC 20460–0001; and

to Office of Information and Regulatory

Affairs, Office of Management and

Budget (OMB), Attention: Desk Officer

for EPA, 725 17th Street, NW.,

Washington, DC 20503.

FOR FURTHER INFORMATION OR A COPY:

Contact Sandy Farmer at EPA by phone

at (202) 260–2740, by email at

farmer.sandy@epamail.epa.gov, or

download off the Internet at http://

www.epa.gov/icr and refer to EPA ICR

No. 1676.02. For technical questions

about the ICR contact Hollis Hope at

EPA by phone at (202) 564–7434.

SUPPLEMENTARY INFORMATION:

Title: Clean Air Act Tribal Authority

(OMB Control No. 2060–0306 ; EPA ICR

No. 1676.03.) expiring May 31, 2001.

This is a request for an extension of the

currently approved collection.

Abstract: This ICR requests clearance

of EPA’s review and approval process

for determining Tribal eligibility to

carry out the Clean Air Act (CAA).

Tribes may choose to submit a CAA

eligibility determination and a CAA

program application to EPA at the same

time for approval and EPA will review

both submittals simultaneously.

The program regulation provides for

Indian Tribes, if they so choose, to

assume responsibility for the

development and implementation of

CAA programs. The regulation, Indian

Tribes: Air Quality Planning and

Management (the Tribal Authority Rule

(TAR)), sets forth how Tribes may seek

authority to implement their own air

quality planning and management

programs. The rule establishes: (1)

Which CAA provisions Indian Tribes

may seek authority to implement, (2)

what requirements the Tribes must meet

when seeking such authorization, and

(3) what Federal financial assistance

may be available to help Tribes establish

and manage their air quality programs.

The TAR provides Tribes the authority

to administer air quality programs over

all air resources, including non-Indian

owned fee lands, within the exterior

boundaries of a reservation and other

areas over which the tribe can

demonstrate jurisdiction. An Indian

Tribe that takes responsibility for a CAA

program would essentially be treated in

the same way as a State would be

treated for that program.

To be eligible for delegation of CAA

programs, an Indian Tribe must submit

documentation showing they meet the

following criteria: (1) Be recognized by

the Federal government (CAA section

302(r)), (2) have an existing governing

body, which carries out governmental

duties (such as tax and police

functions), (3) show that the

management and protection of air

resources applies within the exterior

boundaries of the reservation or other

areas within the Tribe’s jurisdiction,

and (4) be reasonably expected to be

capable of implementing all applicable

regulations.

In evaluating a Tribe’s demonstration

of program implementation capability,

EPA considers their management and

technical skills by reviewing the

following factors: (1) Tribe’s previous

management experience, (2) existing

environmental or public health

programs administered, (3)

mechanism(s) in place for carrying out

the executive, legislative and judicial

functions of the Tribal government, (4)

the relationship between regulated

entities and regulating administrative

agency, and (5) the technical and

administrative capabilities of the staff.

Tribes with limited management and

technical skills can also submit a plan

detailing steps for acquiring those skills.

The TAR adopts EPA’s ‘‘streamlined’’

eligibility review and approval process

for Tribes to implement CAA programs.

EPA will use this information to

determine if a Tribe meets the statutory

criteria under section 301(d) of the CAA

and is qualified for purposes of

implementing an Air Quality Program.

Section 114 of the CAA is the authority

for the collection of information.

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. The OMB Federal

Register document required under 5

CFR 1320.8(d), soliciting comments on

this collection of information was

published on March 7, 2001; (66 FR

13724). No comments were received.

Burden Statement: The annual public

reporting and record keeping burden for

this collection of information is

estimated to average 40 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; 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: All

561 federally recognized Tribes.

Estimated Number of Respondents:

22.

Frequency of Response: Once, at the

time of application.

Estimated Total Annual Hour Burden:

293.

Estimated Total Annualized Capital,

Operating/Maintenance Cost Burden: 0.

Send comments on the Agency’s need

for this information, the accuracy of the

provided burden estimates, and any

suggested methods for minimizing

respondent burden, including through

the use of automated collection

techniques to the addresses listed above.

Please refer to EPA ICR No. 1676.03 and

OMB Control No. 2060–0306 in any

correspondence.

Dated: May 2, 2001.

Oscar Morales,

Director, Collection Strategies Division.

[FR Doc. 01–13841 Filed 5–31–01; 8:45 am]

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