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Federal Register / Vol. 86, No. 155 / Monday, August 16, 2021 / Notices
lotter on DSK11XQN23PROD with NOTICES1

preamble to the 1994 rule, EPA has historically interpreted the section 209e2iii consistency inquiry to require, at minimum, that California standards and enforcement procedures be consistent with section 209a, section 209e1, and section 209b1C as EPA has interpreted that subsection in the context of section 209b motor vehicle waivers.11
In order to be consistent with section 209a, Californias nonroad standards and enforcement procedures must not apply to new motor vehicles or new motor vehicle engines. To be consistent with section 209e1, Californias nonroad standards and enforcement procedures must not attempt to regulate engine categories that are permanently preempted from state regulation. To determine consistency with section 209b1C, EPA typically reviews nonroad authorization requests under the same consistency criteria that are applied to motor vehicle waiver requests. Pursuant to section 209b1C, 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 202a of the Act. Previous decisions granting waivers and authorizations have noted that state standards and enforcement procedures are inconsistent with section 202a 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 Californias determination that its standards are as protective of public health and welfare 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.

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as applicable federal standards, and 2
whether the federal and California enforcement procedures are consistent.13
III. EPAs Request for Comments As stated above, EPA is offering the opportunity for a public hearing, and is requesting written comment on issues relevant to EPAs consideration of the accompanying enforcement procedures established within the 2016 LSI Fleet Amendments. Specifically, we request comment on whether Californias 2016
LSI Fleet Amendments: a Undermine Californias 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 Californias requirements with section 209 of the Act; or c raise any other new issues affecting EPAs 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 CARBs 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.
EPAHQOAR20210327.
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.
13 See Motor and Equipment Manufacturers Association v Environmental Protection Agency, 627 F.2d 1095 D.C. Cir. 1979.

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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. 202117497 Filed 81321; 8:45 am BILLING CODE 656050P

ENVIRONMENTAL PROTECTION
AGENCY
EPAHQOAR20120103; FRL 884001
OAR

Proposed Information Collection Request; Comment Request; Diesel Emissions Reduction Act DERA
Rebate Program; EPA ICR No. 2461.04, OMB Control No. 20600686 Renewal Environmental Protection Agency EPA.
ACTION: Notice.
AGENCY:

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. 20600686
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. EPAHQ
OAR20120103, 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.
EPAs 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 SUMMARY:

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