[Federal Register Volume 88, Number 101 (Thursday, May 25, 2023)]
[Notices]
[Pages 33960-33962]
[FR Doc No: 2023-11189]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2022-0235]

Agency Information Collection Activities; Approval of a New
Information Collection Request: Crash Causal Factors Program: Knowledge
of Systems and Processes

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FMCSA
announces its plan to submit the Information Collection Request (ICR)
described below to the Office of Management and Budget (OMB) for its
review and approval and invites public comment. This ICR relates to the
planned ``Study of Commercial Motor Vehicle Crash Causation,'' mandated
by Congress in the Infrastructure and Investment Jobs Act (IIJA). To
plan and execute this study, FMCSA must collect information from the
States and local jurisdictions to understand their interest or ability
to participate in the study. FMCSA will collect information on existing
crash data collection processes, systems, and resources and commercial
motor vehicle (CMV) enforcement funding mechanisms and sources.

DATES: Comments on this notice must be received on or before June 26,
2023.

ADDRESSES: Written comments and recommendations for the proposed
information collection (IC) should be sent within 30 days of
publication of this notice to www.reginfo.gov/public/do/PRAMain. Find
this IC by selecting ``Currently under 30-day Review--Open for Public
Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT: Kelly Stowe, Office of Analysis,
Research, and Technology/Research Division, DOT, FMCSA, West Building
6th Floor, 1200 New Jersey Avenue SE, Washington, DC 20590-0001; 202-
366-2646; [email protected].

SUPPLEMENTARY INFORMATION:
    Title: Crash Causal Factors Program: Knowledge of Systems and
Processes.
    OMB Control Number: 2126-00XX.
    Type of Request: New ICR.
    Respondents: State and local Government employees (first-line
supervisors of police and detectives; police and sheriff's patrol
officers; general and operations managers; chief executives; computer
and information systems managers; and computer and mathematical
operations workers).
    Estimated Number of Respondents: 1,320 respondents.
    Estimated Time per Response: 1.61 hours (rounded) per response,
average (across all ICs).
    Expiration Date: N/A. This is a new ICR.
    Frequency of Response: Once for each IC.
    Estimated Total Annual Burden: 2,124 hours total, or 708 hours
annually (51 annual hours for State computer and information systems
managers + 9 annual hours for local computer and information systems
managers + 119 annual hours for State police and sheriff's patrol
officers + 9 annual hours for local police and sheriff's patrol
officers + 114.75 annual hours for State first-line supervisors of
police and detectives + 42.75 annual hours for local first-line
supervisors of police and detectives + 114.75 annual hours for State
general and operations managers + 40.5 annual hours for local general
and operations managers + 114.75 annual hours for State chief
executives + 40.5 annual hours for local chief executives + 34 annual
hours for State computer and mathematical operations workers + 18
annual hours for local computer and mathematical operations workers =
708 annual hours).

Background

    On December 27, 2020, the Consolidated Appropriations Act, 2021
(Pub. L. 116-260), was signed into law, appropriating $30 million to
FMCSA to ``carry out [a] study of the cause[s] of large truck
crashes.'' On November 14, 2021, the President signed into law the IIJA
(Pub. L. 117-58), which contains requirements for a larger study under

section 23006, ``Study of Commercial Motor Vehicle Crash Causation.''
The requirements under section 23006 define the scope of the study to
include all CMVs as defined in 49 U.S.C. 31132.
    Section 23006(b)(1) of the IIJA requires the Secretary to ``carry
out a comprehensive study to determine the causes of, and contributing
factors to, crashes that involve a commercial motor vehicle.'' Section
23006(b)(2) further requires the Secretary to:
    A. Identify data requirements, data collection procedures, reports,
and any other measures that can be used to improve the ability of
States and the Secretary to evaluate future crashes involving CMVs;
    B. Monitor crash trends and identify causes and contributing
factors; and
    C. Develop effective safety improvement policies and programs.
    To meet the requirements of section 23006, FMCSA is establishing a
Crash Causal Factors Program. Through this program, FMCSA will execute
a multi-phased study of crash causal factors, with Phase 1 focused on
fatal crashes involving Class \7/8\ large trucks. This Phase 1 effort
is referred to as the Large Truck Crash Causal Factors Study. Future
phases of the study will focus on different CMV populations (such as
medium-duty trucks) or crash severities (e.g., serious injury crashes).
    Congress anticipated that FMCSA would need to consult with the
States and a variety of other experts when planning and executing the
study, as noted in section 23006(d), which reads: ``In designing and
carrying out the study, the Secretary may consult with individuals or
entities with expertise on--
    1. Crash causation and prevention;
    2. Commercial motor vehicles, commercial drivers, and motor
carriers, including passenger carriers;
    3. Highways and noncommercial motor vehicles and drivers;
    4. Federal and State highway and motor carrier safety programs;
    5. Research methods and statistical analysis; and
    6. Other relevant topics, as determined by the Secretary.''
    This IC will collect data from Federal, State, and local highway
and motor carrier safety programs. It will focus on identifying and
documenting States' and local jurisdictions' ability to participate in
the study; agreements that the States or jurisdictions will require to
participate in the study; existing crash data collection processes,
systems, training, and quality control processes; and CMV enforcement
funding mechanisms and sources.

How the Agency Will Use Collected Information

    FMCSA will use collected information from four ICs:

 IC-1: Identifying Points of Contact
 IC-2: Sample Design; Partnerships and Coordination
 IC-3: Crash Data Collection
 IC-4: CMV Enforcement Resources and Funding

    Information collected under these four ICs will inform various
elements of the study plan, including the sample design, data
collection plans, participation agreements, resourcing plans, and
development of the study database. Below are additional details on how
FMCSA will use collected information to develop various study plan
elements.

IC-1: Identifying Points of Contact

    Before collecting information for ICs 2, 3, and 4, FMCSA will first
need to identify the appropriate points of contact in each State and a
sample of local jurisdictions for the remaining IC components. Once
FMCSA obtains contact information from the States, the Agency will
distribute a web-based survey for IC-2, IC-3, and IC-4 to the relevant
point of contact in each State or jurisdiction. Below are additional
details on how FMCSA will use collected information to develop various
study plan elements.

IC-2: Sample Design; Partnerships and Coordination

    The original Large Truck Crash Causation Study conducted from 2001
through 2003 leveraged the sample design from the National Highway
Traffic Safety Administration's (NHTSA) National Automotive Sampling
System (NASS) Crashworthiness Data System (CDS). NHTSA has since
developed the Crash Investigation Sampling System (CISS), which
replaces NASS CDS. Both NASS CDS and CISS are focused on crashes
involving passenger vehicles (i.e., passenger cars, light trucks, vans,
and utility vehicles). Neither sampling system was designed to collect
data on a representative sample of crashes involving CMVs. NHTSA
acknowledged this in its 2019 sample design and weighting documentation
for CISS, stating in a discussion on special crash populations, ``The
most efficient way to study a rare population is to design a special
study that solely targets that particular rare population.'' As a
result, FMCSA is planning to develop a new sample design specific to
crashes involving CMVs. However, FMCSA cannot simply select a random
sample of State and local jurisdictions to include in the sample
design. The Agency will need to identify an appropriate mix of State
and local jurisdictions to allow for a nationally representative sample
design. Participating States and local jurisdictions will be asked to
collect and share the required study data and troubleshoot study-
related issues as they arise. The information collected under IC-2 will
inform the sample design for this study. It will also provide important
information about State- or local jurisdiction-required participation
and data sharing agreements.

IC-3: Crash Data Collection

    FMCSA is planning to leverage existing State and local jurisdiction
resources (where possible) to collect required study data. This will be
a complex effort that will require substantial information sharing and
coordination between participating States/jurisdictions and FMCSA.
    Under IC-3, FMCSA will seek to learn more about the data elements
that State and local jurisdictions are already collecting; State and
local jurisdiction CMV crash reporting criteria and notification
processes; State and local jurisdiction crash data collection systems
and processes (e.g., what systems exist, who owns the system(s),
whether the system can interface with other systems, etc.); existing
crash data collection trainings offered by the State/jurisdiction; and
crash data quality reviews that States and local jurisdictions
currently conduct. The Agency will use this information to inform the
study crash data collection plan and requirements for the study
database.

IC-4: CMV Enforcement Resources and Funding

    FMCSA must collect information from States and local jurisdictions
to understand whether existing commercial vehicle enforcement resources
can meet the study needs, and if not, to determine how much additional
funding or resources jurisdictions will require to collect the
necessary data. IC-4 will identify available CMV enforcement resources
within States/jurisdictions, funding sources for existing commercial
vehicle enforcement resources and activities (e.g., State-funded versus
FMCSA grant-funded), and whether there is a mechanism for the local
jurisdiction to receive study funding through FMCSA's grant programs
(i.e., as a sub-grantee). Information collected under IC-4 will also
inform FMCSA resourcing plans outside of the States/jurisdictions.

Method of Collection

    FMCSA will collect the required information for IC-1 via email. For
ICs 2, 3, and 4, FMCSA will leverage a web-based survey application
combined with email to collect information. FMCSA believes that all
respondents will have State or local government-provided information
technology equipment (e.g., laptops, mobile devices, etc.) and internet
access; as such, the Agency believes electronic submissions will be
most cost-effective and efficient for respondents (as opposed to mail-
based submissions or some other means). FMCSA estimates that 100
percent of submissions will be electronic.

Results of Data Collection

    FMCSA does not plan to publish results from this data collection.
Results from this data collection, which will be descriptive and/or
qualitative in nature, will inform the study sample design,
participation agreements, data collection plans, resource plans, and
study database requirements. No complex analytical techniques will be
used. Final results from the overall study, once completed, will be
published in a final study report. Findings from the overall study will
ultimately inform the identification and development of countermeasures
to prevent crashes involving CMVs.
    As part of the Crash Causal Factors Program, this IC supports the
DOT Strategic Goal of Safety.

Response to Public Comments

    On December 27, 2022, FMCSA published a 60-day notice in the
Federal Register seeking public comment on this proposed IC (87 FR
79419). FMCSA received six comments, two of which were unrelated to
this ICR or the Large Truck Crash Causal Factors Study. Below are
summaries of the four relevant comments received, along with FMCSA's
responses.

Eric Hein (Two Comments)

    Eric Hein submitted two comments. The first comment included (1) a
letter that discussed underreporting of fatal side underride crashes in
NHTSA's Fatality Analysis Reporting System (FARS) and requested
inclusion of side underride guard research in the Large Truck Crash
Causal Factors Study, and (2) a report examining underreporting of side
underride crashes in FARS. The second comment included revised versions
of the letter and report that Mr. Hein had submitted earlier in the
comment period.
    Agency Response: Mr. Hein's comments are not related to the
proposed IC, but they are relevant to the Large Truck Crash Causal
Factors Study in general. While the Agency cannot predict what types of
crashes will occur in study locations during the data collection
period, if side underride crashes do occur, FMCSA plans to collect
relevant data to enable detailed analysis of such crashes. Before
collecting crash data for the study, FMCSA will issue a separate 60-day
notice announcing the proposed IC and requesting comments from the
public. FMCSA invites Mr. Hein to submit additional comments at that
time.

Industry Associations (Two Comments)

    The American Trucking Associations (ATA) submitted a letter
expressing support for the proposed IC, along with a copy of the
comments they submitted in response to FMCSA's request for information
(RFI) on the Large Truck Crash Causal Factors Study, published January
15, 2020 (85 FR 2481).
    The Owner-Operator Independent Drivers Association (OOIDA)
submitted a letter that (1) expressed support for the proposed IC, and
(2) reiterated several comments the association had previously
submitted in response to FMCSA's January 2020 RFI on the Large Truck
Crash Causal Factors Study.
    Agency Response: FMCSA acknowledges and appreciates ATA's and
OOIDA's support of the proposed IC and the Large Truck Crash Causal
Factors Study. The Agency previously reviewed ATA's and OOIDA's
comments on the January 2020 RFI and has taken those comments, along
with all other comments received on the docket for that RFI, into
consideration during the study planning process. The Agency will take
ATA's and OOIDA's comments into consideration when developing the crash
data collection ICR.
    Public Comments Invited: You are asked to comment on any aspect of
this IC, including: (1) whether the proposed collection is necessary
for the performance of FMCSA's functions; (2) the accuracy of the
estimated burden; (3) ways for FMCSA to enhance the quality,
usefulness, and clarity of the collected information; and (4) ways that
the burden could be minimized without reducing the quality of the
collected information.
    Issued under the authority of 49 CFR 1.87.

Thomas P. Keane,
Associate Administrator, Office of Research and Registration.
[FR Doc. 2023-11189 Filed 5-24-23; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register: November 23, 2007 (Volume 72, Number 225)]
[Proposed Rules]
[Page 65682-65686]
[DOCID:fr23no07-17]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[EPA-R09-2007-OAR-1109; FRL-8498-7]

Determination of Nonattainment and Reclassification of the
Imperial County Nonattainment Area: 8-Hour Ozone

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to find that the Imperial County marginal 8-
hour ozone nonattainment area has failed to attain the 8-hour ozone
national ambient air quality standard (NAAQS or standard) by June 15,
2007, the attainment deadline set forth in the Clean Air Act (CAA) and
Code of Federal Regulations (CFR) for marginal nonattainment areas. If
EPA finalizes this finding, the Imperial County area will be
reclassified, by operation of law, as a moderate 8-hour ozone
nonattainment area. The moderate area attainment date for the Imperial
County area would then be as expeditiously as practicable but no later
than June 15, 2010. Once reclassified, California must submit State
Implementation Plan (SIP) revisions that meet the 8-hour ozone
nonattainment requirements for moderate areas as required by the CAA.
In this action, EPA is also proposing the schedule for the State's
submittal of the SIP revisions required for moderate areas once the
area is reclassified.

DATES: Comments must be received on or before December 24, 2007.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
2007-OAR-1109 by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for

submitting comments.
    2. E-mail<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail or deliver: Adrienne Priselac (AIR-2), U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA
94105-3901.
    Instructions: All comments 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 Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Information that you
consider CBI or otherwise protected should be clearly identified as
such and should not be submitted through the http://www.regulations.gov or e-

mail. http://www.regulations.gov is an anonymous access system, and EPA will

not know your identity or contact information unless you provide it in
the body of your comment. If you send e-mail directly to EPA, your e-
mail address will be automatically captured and included as part of the
public comment. 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. Docket: The index to the docket for this
action is available electronically at http://www.regulations.gov and in hard

copy at EPA Region IX, 75 Hawthorne Street, San Francisco, California.
While all documents in the docket are listed in the index, some
information may be publicly available only at the hard copy location
(e.g., copyrighted material), and some may not be publicly available in
either location (e.g., CBI). To inspect the hard copy materials, please
schedule an appointment during normal business hours with the contact
listed directly below.

FOR FURTHER INFORMATION CONTACT: Adrienne Priselac, EPA Region IX,
(415) 972-3285<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to EPA.

Table of Contents

I. What is the background for this proposed action?
    A. What are the National Ambient Air Quality Standards?
    B. What is the standard for 8-hour ozone?
    C. What is a SIP and how does it relate to the NAAQS for 8-hour
ozone?
    D. What is the Imperial County nonattainment area, and what is
its current 8-hour ozone nonattainment classification?
    E. What are the CAA provisions regarding determinations of
nonattainment and reclassifications?
II. What is EPA's evaluation of the Imperial County area's 8-hour
ozone data?
III. What action is EPA proposing?
    A. Determination of Nonattainment, Reclassification of Imperial
County Nonattainment Area and New Attainment Date
    B. Proposed Date for Submitting a Revised SIP for the Imperial
County Area
IV. Proposed Action
V. Statutory and Executive Order Reviews

I. What is the background for this proposed action?

A. What are the National Ambient Air Quality Standards?

    The CAA requires EPA to establish a NAAQS for pollutants that ``may
reasonably be anticipated to endanger public health and welfare'' and
to develop a primary and secondary

standard for each NAAQS. The primary standard is designed to protect
human health with an adequate margin of safety and the secondary
standard is designed to protect public welfare and the environment. EPA
has set NAAQS for six common air pollutants referred to as criteria
pollutants: Carbon monoxide, lead, nitrogen dioxide, ozone, particulate
matter, and sulfur dioxide. These standards present state and local
governments with the air quality levels they must meet to comply with
the CAA. Also, these standards allow the American people to assess
whether or not the air quality in their communities is healthful.

B. What is the standard for 8-hour ozone?

    On July 18, 1997, EPA promulgated a revised 8-hour ozone standard
of 0.08 parts per million (ppm). This new standard is more stringent
than the previous 1-hour ozone standard. Under EPA regulations at 40
CFR part 50, the 8-hour ozone standard is attained when the 3-year
average of the annual fourth highest daily maximum 8-hour average
ambient air quality ozone concentrations is less than or equal to 0.08
ppm (i.e., 0.084 ppm when rounding is considered). (See 69 FR 23857
(April 30, 2004) for further information). Ambient air quality
monitoring data for the 3-year period must meet a data completeness
requirement. The ambient air quality monitoring data completeness
requirement is met when the average percent of days with valid ambient
monitoring data is greater than 90 percent, and no single year has less
than 75 percent data completeness as determined in Appendix I of part
50. Specifically, section 2.3 of 40 CFR part 50, Appendix I,
``Comparisons with the Primary and Secondary Ozone Standards'' states:
    ``The primary and secondary ozone ambient air quality standards are
met at an ambient air quality monitoring site when the 3-year average
of the annual fourth-highest daily maximum 8-hour average ozone
concentration is less than or equal to 0.08 ppm. The number of
significant figures in the level of the standard dictates the rounding
convention for comparing the computed 3-year average annual fourth-
highest daily maximum 8-hour average ozone concentration with the level
of the standard. The third decimal place of the computed value is
rounded, with values equal to or greater than 5 rounding up. Thus, a
computed 3-year average ozone concentration of 0.085 ppm is the
smallest value that is greater than 0.08 ppm.''
    The value of 0.085 ppm can also be expressed as 85 parts per
billion (ppb).

C. What is a SIP and how does it relate to the NAAQS for 8-hour ozone?

    Section 110 of the CAA requires states to develop air pollution
regulations and control strategies to ensure that state air quality
meets the NAAQS established by EPA. Each state must submit these
regulations and control strategies to EPA for approval and
incorporation into the Federally-enforceable SIP. Each Federally-
approved SIP protects air quality primarily by addressing air pollution
at its point of origin. These SIPs can be extensive. They may contain
state regulations or other enforceable documents and supporting
information such as emission inventories, monitoring networks, and
modeling demonstrations.

D. What is the Imperial County nonattainment area, and what is its
current 8-hour ozone nonattainment classification?

    The Imperial County 8-hour ozone nonattainment area is located in
the southeastern corner of California. It has borders with Mexico to
the south, Arizona to the east, San Diego County to the west, and the
Coachella Valley to the north. The local jurisdiction that is
responsible for air pollution control is the Imperial County Air
Pollution Control District (ICAPCD).
    For areas subject to Subpart 2 of the CAA, such as the Imperial
County nonattainment area, the maximum period for attainment runs from
the effective date of designations and classifications for the 8-hour
ozone NAAQS (69 FR 23858, April 30, 2004) and will be the same periods
as provided in Table 1 of CAA Section 181(a): Marginal--3 years;
Moderate--6 years; Serious--9 years, Severe--15 or 17 years; and
Extreme--20 years (40 CFR 51.903(a)). The effective date of
designations and classifications for the 8-hour ozone NAAQS was June
15, 2004 (69 FR 23951, April 30, 2004).
    The Imperial County area was designated nonattainment for the 8-
hour ozone standard on April 30, 2004, and classified ``marginal''
based on a 2001-2003 design value of 91 (ppb) with a maximum attainment
date of June 15, 2007 (69 FR 23858). The design value of an area, which
characterizes the severity of the air quality concern, is represented
by the annual fourth-highest daily maximum 8-hour average ozone
concentration measured at each monitor averaged over any three-year
period.

E. What are the CAA provisions regarding determinations of
nonattainment and reclassifications?

    Section 181(b)(2) prescribes the process for making determinations
upon failure of an ozone nonattainment area to attain by its attainment
date, and for reclassification of an ozone nonattainment area. Section
181(b)(2)(A) of the Act requires that we determine, based on the area's
design value (as of the attainment date), whether the area attained the
ozone standard by that date. For marginal, moderate, and serious areas,
if EPA finds that the nonattainment area has failed to attain the ozone
standard by the applicable attainment date, the area is reclassified by
operation of law to the higher of (1) the next higher classification
for the area, or (2) the classification applicable to the area's design
value as determined at the time of the required Federal Register
notice. Section 181(b)(2)(B) requires EPA to publish in the Federal
Register a notice identifying any area that has failed to attain by its
attainment date and the resulting reclassification.

II. What is EPA's evaluation of the Imperial County area's 8-hour ozone
data?

    We make attainment determinations for ozone nonattainment areas
using available quality-assured air quality data. Within the Imperial
County area, ground-level ozone is measured at 6 monitors throughout
the County. In recent years, the El Centro and Westmorland monitors
have measured some of the highest 8-hour average ozone concentrations
in the Imperial County area. For example, the fourth-highest daily
maximum readings for 2004, 2005, and 2006 at the El Centro monitor were
79, 86, and 91 ppb, respectively. The fourth-highest daily maximum
readings for 2004, 2005, and 2006 at the Westmorland monitor were 79,
90, and 86 ppb, respectively. For the Imperial County ozone
nonattainment area, the attainment determination is based on 2004-2006
air quality data. The area has a 2004-2006 design value of 85 ppb.
Therefore, pursuant to section 181(b)(2) of the CAA, we find that the
Imperial County area did not attain the 8-hour ozone NAAQS by the June
15, 2007, deadline for marginal areas.

      Table 1.--Imperial County Area Fourth Highest 8-Hour Ozone Concentrations and Design Values (ppb)\1\
----------------------------------------------------------------------------------------------------------------
                                                                      4th highest daily max             Design
                                                             ---------------------------------------   value 3
                            Site                                                                         year
                                                                  2004         2005         2006       average
                                                                                (2004-2006)
----------------------------------------------------------------------------------------------------------------
Calexico-Grant (06-025-0004)................................           63           80           65           69
Calexico-Ethel (06-025-0005)................................           72           82           68           74
Calexico-East (06-025-0006).................................           74           77           78           76
El Centro (06-025-1003).....................................           79           86           91           85
Westmorland (06-025-4003)...................................           79           90           86           85
Niland (06-025-4004)........................................           75           72           72          73
----------------------------------------------------------------------------------------------------------------
\1\ Unlike the 1-hour ozone standard, design value calculations for the 8-hour ozone standard are based on a
  rolling three-year average of the annual 4th highest values (40 CFR Part 50, Appendix I).

    Under Sections 172(a)(2)(C) and 181(a)(5) of the CAA, an area can
qualify for up to two one-year extensions of its attainment date based
on the number of exceedances in the attainment year and if the State
has complied with all requirements and commitments pertaining to the
area in the applicable implementation plan. For the 8-hour ozone
standard, if an area's 4th highest daily 8-hour ozone average in the
attainment year is 84 ppb or less (40 CFR 51.907), the area is eligible
for the first of up to two one-year attainment date extensions. The
attainment year is the year immediately preceding the nonattainment
area's attainment date. For Imperial County the attainment year is
2006. In 2006, the area's 4th highest daily 8-hour ozone average value
was 91 ppb. Based on this information, the Imperial County area
currently does not qualify for a one-year extension of the attainment
date.
    Section 181(b)(2)(A) of the Act provides that, when we find that an
area failed to attain by the applicable date, the area is reclassified
by operation of law to the higher of (1) the next higher classification
or (2) the classification applicable to the area's ozone design value
at the time of the required notice under Section 181(b)(2)(B). Section
181(b)(2)(B) requires EPA to publish a notice in the Federal Register
identifying the reclassification status of an area that has failed to
attain the standard by its attainment date. The classification that
would be applicable to the Imperial County area's ozone design value at
the time of today's notice is ``marginal'' since the area's 2006
calculated design value, based on quality-assured ozone monitoring data
from 2004-2006, is 85 ppb. By contrast, the next higher classification
for the Imperial County area is ``moderate.'' Because ``moderate'' is a
higher nonattainment classification than ``marginal'' under the
statutory scheme, upon the effective date of a final rulemaking, the
Imperial County area would be reclassified by operation of law as
``moderate,'' for failing to attain the standard by the marginal area
applicable attainment date of June 15, 2007.

III. What action is EPA proposing?

A. Determination of Nonattainment, Reclassification of Imperial County
Nonattainment Area and New Attainment Date

    Pursuant to section 181(b)(2), EPA is proposing to find that the
Imperial County area has failed to attain the 8-hour ozone NAAQS by the
June 15, 2007, attainment deadline prescribed under the CAA for
marginal ozone nonattainment areas. If EPA finalizes this finding and
it takes effect, the Imperial County area will be reclassified by
operation of law from marginal nonattainment to moderate nonattainment.
Moderate areas are required to attain the standard ``as expeditiously
as practicable,'' but no later than 6 years after designation, or June
15, 2010. The ``as expeditiously as practicable'' attainment date will
be determined as part of the action on the required SIP submittal
demonstrating attainment of the 8-hour ozone standard. EPA is proposing
a schedule by which California will submit the SIP revisions necessary
for the proposed reclassification to moderate nonattainment of the 8-
hour ozone standard.

B. Proposed Date for Submitting a Revised SIP for the Imperial County
Area

    EPA must address the schedule by which California is required to
submit a revised SIP. When an area is reclassified, we have the
authority under section 182(i) of the Act to adjust the Act's submittal
deadlines for any new SIP revisions that are required as a result of
the reclassification.
    Pursuant to 40 CFR 51.908(d), for each nonattainment area, a state
must provide for implementation of all control measures needed for
attainment no later than the beginning of the ``attainment year ozone
season.'' The ``attainment year ozone season'' is defined as the ozone
season immediately preceding a nonattainment area's attainment date (40
CFR 51.900(g)). The ``ozone season'' in a given year for an ozone
nonattainment area is defined as the ozone monitoring season shown for
the state in 40 CFR Part 58, Appendix D, section 4.1, Table D-3 (40 CFR
51.900(n) and 71 FR 61236, October 17, 2006). The ozone monitoring
season for all of California, including Imperial County, is the full
calendar year, from January through December.
    A moderate 8-hour ozone nonattainment area must attain the ozone
NAAQS as expeditiously as practicable, but no later than June 15, 2010
(40 CFR 51.903). As such, the attainment year ozone season for Imperial
County is the ozone season in calendar year 2009, which begins on
January 1. EPA therefore proposes to require a revised SIP submittal
for the Imperial County moderate nonattainment area as expeditiously as
practicable, but no later than December 31, 2008.
    A revised SIP must include the following moderate area
requirements: (1) An attainment demonstration (40 CFR 51.908), (2)
provisions for reasonably available control technology and reasonably
available control measures (40 CFR 51.912), (3) reasonable further
progress reductions in emissions (40 CFR 51.910), (4) contingency
measures to be implemented in the event of failure to meet a milestone
or attain the standard (CAA 172(c)(9)), and (5) NOX and VOC
emission offsets of 1.15 to 1 for major source permits (40 CFR
51.165(a)). See also the requirements for moderate

ozone nonattainment areas set forth in CAA section 182(b).\1\
---------------------------------------------------------------------------

    \1\ A vehicle inspection and maintenance (I/M) program would
normally be listed as a requirement for an ozone moderate or above
nonattainment area. However, the Federal I/M Flexibility Amendments
of 1995 determined that urbanized areas with populations less than
200,000 for 1990 are not mandated to participate in the I/M program
(60 FR 48027, September 18, 1995).
---------------------------------------------------------------------------

IV. Proposed Action

    Pursuant to CAA section 181(b)(2), EPA is proposing to find that
the Imperial County marginal 8-hour ozone area has failed to attain the
8-hour ozone NAAQS by June 15, 2007. If EPA finalizes its proposal, the
area will by operation of law be reclassified as a moderate 8-hour
ozone nonattainment area. Pursuant to section 182(i) of the CAA EPA is
also proposing the schedule for submittal of the SIP revision required
for moderate areas once the area is reclassified. We propose to require
that this SIP revision be submitted as expeditiously as practicable,
but no later than December 31, 2008.

V. Statutory and Executive Order Reviews

A. Executive Order 12866, Regulatory Planning and Review

    This action is not a ``significant regulatory action'' under the
terms of Executive Order (EO) 12866 (58 FR 51735, October 4, 1993) and
is therefore not subject to review under the EO. The Agency has
determined that the finding of nonattainment would result in none of
the effects identified in the Executive Order. Under section 181(b)(2)
of the CAA, determinations of nonattainment are based upon air quality
considerations and the resulting reclassifications must occur by
operation of law.

B. Paperwork Reduction Act

    This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
This proposed action to reclassify the Imperial County area as a
moderate ozone nonattainment area and to adjust applicable deadlines
does not establish any new information collection burden. 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. 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 40 CFR are listed in
40 CFR part 9.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedures Act or any other statute unless the agency certifies the
rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small organizations, and small governmental jurisdictions.
    For purposes of assessing the impacts of this action on small
entities, small entity is defined as: (1) A small business that is a
small industrial entity as defined in the U.S. Small Business
Administration (SBA) size standards (see 13 CFR part 121); (2) a small
governmental jurisdiction that is a government of a city, county, town,
school district or special district with a population of less than
50,000; and (3) a small organization that is any not-for-profit
enterprise which is independently owned and operated and is not
dominant in its field. Determinations of nonattainment and the
resulting reclassification of nonattainment areas by operation of law
under section 181(b)(2) of the CAA do not in and of themselves create
any new requirements. Instead, this rulemaking only makes a factual
determination, and does not directly regulate any entities. After
considering the economic impacts of today's action on small entities, I
certify that this rule will not have a significant economic impact on a
substantial number of small entities.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and Tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, and Tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
one year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective or least burdensome alternative if the
Administrator publishes with the final rule an explanation as to why
that alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including Tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements.
    This proposed action does not include a Federal mandate within the
meaning of UMRA that may result in expenditures of $100 million or more
in any one year by either State, local, or Tribal governments in the
aggregate or to the private sector, and therefore, is not subject to
the requirements of section 202 and 205 of the UMRA. Also, EPA has
determined that this rule contains no regulatory requirements that
might significantly or uniquely affect small governments and therefore,
is not subject to the requirements of section 203. EPA believes, as
discussed previously in this document, that the finding of
nonattainment is a factual determination based upon air quality
considerations and that the resulting reclassification of the area must
occur by operation of law. Thus, EPA believes that the proposed finding
does not constitute a Federal mandate, as defined in section 101 of the
UMRA, because it does not impose an enforceable duty on any entity.

E. Executive Order 13132: Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
    This proposed rule does not have federalism implications. It will
not have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132. This action merely proposes to
determine that the Imperial County area has not attained by its
applicable attainment date, and to reclassify the Imperial County area
as a moderate ozone nonattainment area and to adjust applicable
deadlines. Thus, Executive Order 13132 does not apply to this rule.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' This action does not have
``Tribal implications'' as specified in Executive Order 13175. This
action merely proposes to determine that the Imperial County area has
not attained by its applicable attainment date, and to reclassify the
Imperial County area as a moderate ozone nonattainment area and to
adjust applicable deadlines. The Clean Air Act and the Tribal Authority
Rule establish the relationship of the Federal government and Tribes in
developing plans to attain the NAAQS, and this rule does nothing to
modify that relationship. Thus, Executive Order 13175 does not apply to
this rule.

G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks

    Executive Order 13045, ``Protection of Children From Environmental
Health and Safety Risks'' (62 FR 19885, April 23, 1997) applies to any
rule that (1) is determined to be ``economically significant'' as
defined under Executive Order 12866, and (2) concerns an environmental
health or safety risk that EPA has reason to believe may have
disproportionate effects on children. If the regulatory action meets
both criteria, the Agency must evaluate the environmental health or
safety effects of the planned rule on children, and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency. This action
is not subject to Executive Order 13045 because it is not economically
significant as defined in E.O. 12866, and because the Agency does not
have reason to believe the environmental health risks or safety risks
addressed by this rule present a disproportionate risk to children.
This action merely proposes to determine that the Imperial Valley area
has not attained the standard by the applicable attainment date, and to
reclassify the Imperial Valley area as a moderate ozone nonattainment
area and to adjust applicable deadlines.

H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use

    This action is not subject to Executive Order 13211, ``Actions That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001), because it is not a significant regulatory action
under Executive Order 12866.

I. National Technology Transfer Advancement Act

    As noted in the proposed rule, section 12(d) of the National
Technology Transfer Advancement Act of 1995 (NTTAA), Public Law 104-
113, section 12(d) (15 U.S.C. 272 note) directs EPA to use voluntary
consensus standards (VCS) in its regulatory activities unless to do so
would be inconsistent with applicable law or otherwise impractical.
Voluntary consensus standards are technical standards (e.g., materials
specifications, test methods, sampling procedures, and business
practices) that are developed or adopted by VCS bodies. The NTTAA
directs EPA to provide Congress, through OMB, explanations when the
Agency decides not to use available and applicable VCS. This action
merely proposes to determine that the Imperial County area has not
attained by the applicable attainment date, and to reclassify the
Imperial County area as a moderate ozone nonattainment area and to
adjust applicable deadlines. Therefore, EPA did not consider the use of
any voluntary consensus standards.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
Federal executive policy on environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
    EPA has determined that this proposed rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. This action merely proposes to determine that the Imperial
County area did not attain the 8-hour ozone NAAQS by the applicable
attainment date, to reclassify the Imperial County area as a moderate
ozone nonattainment area and to adjust applicable deadlines.

List of Subjects in 40 CFR Part 81

    Environmental protection, Air pollution control.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: November 14, 2007.
Laura Yoshii,
Acting Regional Administrator, Region IX.
[FR Doc. E7-22868 Filed 11-21-07; 8:45 am]

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[Federal Register: March 19, 2010 (Volume 75, Number 53)]
[Notices]
[Page 13274-13275]
[DOCID:fr19mr10-65]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2009-0537; FRL-9128-5; EPA ICR Number 1926.05, OMB Control
Number 2060-0450]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; NSPS for Commercial and
Industrial Solid Waste Incineration Units (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (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 collection and the estimated burden and cost.

DATES: Additional comments may be submitted on or before April 19,
2010.

ADDRESSES: Submit your comments, referencing docket ID number EPA-HQ-
OECA-2009-0537, to (1) EPA online using http://www.regulations.gov (our
preferred method), or by e-mail to<EMAIL_ADDRESS>or by mail to:
EPA Docket Center (EPA/DC), Environmental Protection Agency,
Enforcement and Compliance Docket and Information Center, mail code
28221T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, and (2)
OMB at: 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: Robert C. Marshall, Jr., Office of
Compliance, Mail Code: 2223A, Environmental Protection Agency, 1200
Pennsylvania Avenue, NW., Washington, DC 20460; telephone number: (202)
564-7021; fax number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>
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 July 30, 2009 (74 FR 38004), EPA sought comments on this
ICR pursuant to 5 CFR 1320.8(d). EPA received no comments. 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
number EPA-HQ-OECA-2009-0537, which is available for public viewing
online at http://www.regulations.gov, in person viewing at the
Enforcement and Compliance Docket in the EPA Docket Center (EPA/DC),
EPA West, Room 3334, 1301 Constitution Avenue, NW., Washington, DC. The
EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The telephone
number for the Reading Room is<PHONE_NUMBER>, and the telephone number
for the Enforcement and Compliance Docket is<PHONE_NUMBER>.
    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: NSPS for Commercial and Industrial Solid Waste Incineration
Units (Renewal).
    ICR Numbers: EPA ICR Number 1926.05, OMB Control Number 2060-0450.
    ICR Status: This ICR is scheduled to expire on May 31, 2010. 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 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: The New Source Performance Standards (NSPS) for
Commercial and Industrial Solid Waste Incineration Units (CISWI) were
proposed on November 30, 1999, and promulgated on December 1, 2000. The
affected entities are subject to the General Provisions of the NSPS at
40 CFR part 60, subpart A and any changes, or additions to the General
Provisions specified at 40 CFR part 60, subpart CCCC.
    Owners or operators of the affected facilities must make an initial
notification, performance tests, periodic reports, and maintain records
of the occurrence and duration of any startup, shutdown, or malfunction
in the operation of an affected facility, or any period during which
the monitoring system is inoperative. Reports, at a minimum, are
required semiannually.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 239
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: Commercial and industrial solid
waste incineration units.
    Estimated Number of Respondents: 31
    Frequency of Response: Initially, occasionally, semiannually, and
annually.
    Estimated Total Annual Hour Burden: 11,246
    Estimated Total Annual Cost: $1,029,921, which includes $1,021,351
in labor costs, $2,240 in capital/startup costs, and $6,330 in
operation and maintenance (O&M) costs.
    Changes in the Estimates: There are no changes in the estimates.
This is due to two considerations. First, the regulations have not
changed over the past three years and are not anticipated to change
over the next three years. Secondly, the growth rate for the industry
is very low, negative or non-existent. Therefore, the burden hour
figures in the previous ICR reflect the current burden to the
respondents and are reiterated in this ICR. It should be noted that
there are some minor corrections due to calculations errors in the
previous ICR.

    Dated: March 12, 2010.
John Moses,
Director, Collection Strategies Division.
[FR Doc. 2010-6104 Filed 3-18-10; 8:45 am]
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