58582 Federal Register / Vol. 73, No. 195 / Tuesday, October 7, 2008 / Notices 

OMB and the opportunity to submit 

additional comments to OMB. If you 

have any questions about this ICR or the 

approval process, please contact the 

technical person listed under FOR

FURTHER INFORMATION CONTACT. 

Dated: September 30, 2008. 

Patricia K. Hirsch, 

Acting General Counsel, Office of General 

Counsel. 

[FR Doc. E8–23670 Filed 10–6–08; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OAR–2005–0120; FRL–8725–8] 

Agency Information Collection 

Activities; Submission to OMB for 

Review and Approval; Comment 

Request; Nonconformance Penalties 

for Heavy-Duty Engines and HeavyDuty Vehicles, Including Light-Duty 

Trucks (Renewal); EPA ICR Number 

1285.07, OMB Control Number 2060– 

0132 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: In compliance with the 

Paperwork Reduction Act (PRA) (44 

U.S.C. 3501 et seq.), this document 

announces that an Information 

Collection Request (ICR) has been 

forwarded to the Office of Management 

and Budget (OMB) for review and 

approval. This is a request to renew an 

existing approved collection. The ICR, 

which is abstracted below, describes the 

nature of the information collection and 

its estimated burden and cost. 

DATES: Additional comments may be 

submitted on or before November 6, 

2008. 

ADDRESSES: Submit your comments, 

referencing Docket ID No. EPA–HQ– 

OAR–2005–0120, to (1) EPA online 

using http://www.regulations.gov (our 

preferred method), by e-mail to a-andr-Docket@epa.gov, or by mail to: EPA 

Docket Center, Environmental 

Protection Agency, Air and Radiation 

Docket, Mail Code 2822T, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460, and (2) OMB by mail 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 CONTACT: 

Nydia Yanira Reyes-Morales, 

Environmental Protection Agency, 1200 

Pennsylvania Avenue, Mail Code 6403J, 

NW., Washington, DC 20460; telephone 

number: 202–343–9264; fax number: 

202–343–2804; e-mail address: reyesmorales.nydia@epa.gov. 

SUPPLEMENTARY INFORMATION: EPA has 

submitted the following ICR to OMB for 

review and approval according to the 

procedures prescribed in 5 CFR 1320.12. 

On June 30, 2008 (73 FR 36863), EPA 

sought comments on this ICR pursuant 

to 5 CFR 1320.8(d). EPA received no 

comments during the comment period. 

Any additional comments on this ICR 

should be submitted to EPA and OMB 

within 30 days of this notice. 

EPA has established a public docket 

for this ICR under Docket ID No. EPA– 

HQ–OAR–2005–0120, which is 

available for online viewing at http:// 

www.regulations.gov, or in person 

viewing at the Air Docket in the EPA 

Docket Center (EPA/DC), EPA West, 

Room 3334, 1301 Constitution Ave., 

NW., Washington, DC. The EPA/DC 

Public Reading Room is open from 8 

a.m. to 4:30 p.m., Monday through 

Friday, excluding legal holidays. The 

telephone number for the Reading Room 

is 202–566–1744, and the telephone 

number for the Air Docket is 202–566– 

1742. 

Use EPA’s electronic docket and 

comment system at http:// 

www.regulations.gov, to submit or view 

public comments, access the index 

listing of the contents of the docket, and 

to access those documents in the docket 

that are available electronically. Once in 

the system, select ‘‘docket search,’’ then 

key in the docket ID number identified 

above. Please note that EPA’s policy is 

that public comments, whether 

submitted electronically or in paper, 

will be made available for public 

viewing at http://www.regulations.gov 

as EPA receives them and without 

change, unless the comment contains 

copyrighted material, confidential 

business information (CBI), or other 

information whose public disclosure is 

restricted by statute. For further 

information about the electronic docket, 

go to http://www.regulations.gov. 

Title: Nonconformance Penalties for 

Heavy-Duty Engines and Heavy-Duty 

Vehicles, Including Light-Duty Trucks 

(Renewal). 

ICR numbers: EPA ICR Number 

1285.07, OMB Control Number 2060– 

0132. 

ICR Status: This ICR is scheduled to 

expire on November 30, 2008. Under 

OMB regulations, the Agency may 

continue to conduct or sponsor the 

collection of information while this 

submission is pending at OMB. 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 control numbers for 

EPA’s regulations in title 40 of the CFR, 

after appearing in the Federal Register 

when approved, are listed in 40 CFR 

part 9 and are displayed either by 

publication in the Federal Register or 

by other appropriate means, such as on 

the related collection instrument or 

form, if applicable. The display of OMB 

control numbers in certain EPA 

regulations is consolidated in 40 CFR 

Part 9. 

Abstract: Section 206(g) of the Clean 

Air Act, as amended, contains 

nonconformance penalty provisions 

(NCP) that allow manufacturers to 

introduce into commerce heavy-duty 

engines or vehicles (including light-duty 

trucks) that fail to comply with certain 

emission standards upon payment of a 

monetary penalty. Manufacturers who 

elect to use NCPs are required to test 

production engines and vehicles to 

determine the extent of their 

nonconformity and conduct a 

Production Compliance Audit (PCA). 

The collection activities of the 

nonconformance penalty program 

include periodic reports and other 

information (including the results of 

emission testing conducted during the 

PCA). EPA will use this information to 

ensure that manufacturers are 

complying with the regulations and that 

appropriate nonconformance penalties 

are being paid. Responses to this 

collection are voluntary. 

Burden Statement: The annual public 

reporting and recordkeeping burden for 

this collection of information is 

estimated to average 23 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 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: 

Entities potentially affected by these 

actions are Automobile Manufacturers; 

Light Truck and Utility Vehicle 

Manufacturers; Heavy Duty Truck 

Manufacturers; Gasoline Engine and 

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Federal Register / Vol. 73, No. 195 / Tuesday, October 7, 2008 / Notices 58583 

1Section 209(e)(1) states, in part: No State or and 

political subdivision thereof shall adopt or attempt 

to enforce any standard or other requirement 

relating to the control of emissions from either of 

the following new nonroad engines or nonroad 

vehicles subject to regulation under this Act—(A) 

New engines which are used in construction 

equipment or vehicles used in farm equipment or 

vehicles and which are smaller that 175 

horsepower. (B) New locomotives or new engines 

used in locomotives. EPA’s regulation was 

published at 59 FR 36969 (July 20, 1994), and 

regulations set forth therein, 40 CFR Part 85, 

Subpart Q, §§ 85.1601 et seq. A new rule, signed on 

Continued 

Engine Parts Manufacturers; Motor 

Vehicle Body Manufacturers; 

Construction Machinery Manufacturers; 

Industrial Truck, Tractor, Trailer, and 

Stacker Machinery Manufacturers; 

Military Armored Vehicle, Tank, and 

Tank Component Manufacturers; Other 

Engine Equipment Manufacturers; Other 

Motor Vehicle Electrical and Electronic 

Equipment Manufacturers. 

Estimated Number of Respondents: 2. 

Frequency of Response: Annual, 

quarterly and on occasion. 

Estimated Total Annual Hour Burden: 

1,178. 

Estimated Total Annual Cost: 

$98,789, includes $18,180 in O&M costs 

and no capital 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: October 1, 2008. 

Sarah Hisel-McCoy, 

Director, Collection Strategies Division. 

[FR Doc. E8–23686 Filed 10–6–08; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8726–5] 

California State Nonroad Engine 

Pollution Control Standards; California 

Nonroad Compression Ignition 

Engines; Within-the-Scope Request; 

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 amended or adopted emission 

standards and accompanying testing 

procedures for new nonroad 

compression ignition (CI) engines in two 

CARB rulemakings. By letter dated July 

18, 2007, CARB submitted a request 

seeking EPA confirmation that its 

amendments affecting three broad 

power categories expressed in kilowatts 

(kW) (under 19 kW, 19 kW to under 130 

kW, and 130kW and greater) are within 

the scope of previous authorizations 

issued by EPA under section 209(e) of 

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

7543(e). In the alternative CARB seeks a 

new authorization for these standards. 

This notice announces that EPA has 

tentatively scheduled a public hearing 

concerning California’s request and that 

EPA is accepting written comment on 

the request. 

DATES: EPA has tentatively scheduled a 

public hearing concerning CARB’s 

request on November 6, 2008 beginning 

at 10 a.m. EPA will hold a hearing only 

if a party notifies EPA by October 27, 

2008, expressing its interest in 

presenting oral testimony. By November 

3, 2008, any person who plans to attend 

the hearing should call David Dickinson 

at (202)343–9256 to learn if a hearing 

will be held. If EPA does not receive a 

request for a public hearing, then EPA 

will not hold a hearing, and instead 

consider CARB’s request based on 

written submissions to the docket. Any 

party may submit written comments by 

November 21, 2008. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2008–0640, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: a-and-r-docket@epa.gov. 

• Fax: (202) 566–1741. 

• Mail: Air and Radiation Docket, 

Docket ID No. EPA–HQ–OAR–2008– 

0640, Environmental Protection Agency, 

Mailcode: 6102T, 1200 Pennsylvania 

Avenue, NW., Washington, DC 20460. 

Please include a total of two copies. 

• Hand Delivery: EPA Docket Center, 

Public Reading Room, EPA West 

Building, Room 3334, 1301 Constitution 

Avenue, NW., Washington, DC 20460. 

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–2008– 

0640. 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. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Parties wishing to present oral 

testimony at the public hearing should 

provide written notice to David 

Dickinson at the address noted below. If 

EPA receives a request for a public 

hearing, EPA will hold the public 

hearing at 1310 L St, NW., Washington, 

DC 20005 at 10 a.m. 

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. 

SUPPLEMENTARY INFORMATION: 

Background and Discussion: Section 

209(e)(1) of the Act addresses the 

permanent preemption of any State, or 

political subdivision thereof, from 

adopting or attempting to enforce any 

standard or other requirement relating 

to the control of emissions for certain 

new nonroad engines or vehicles. 

Section 209(e)(2) of the Act requires the 

Administrator to grant California 

authorization to enforce state standards 

for new nonroad engines or vehicles 

which are not listed under section 

209(e)(1), subject to certain restrictions. 

On July 20, 1994, EPA promulgated a 

regulation that sets forth, among other 

things, the criteria, as found in section 

209(e)(2), by which EPA must consider 

any California authorization requests for 

new nonroad engines or vehicle 

emission standards (section 209(e) 

rules).1

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