Federal Register / Vol. 76, No. 200 / Monday, October 17, 2011 / Proposed Rules 64055 

PART 1010—GENERAL PROVISIONS 

1. The authority citation for part 1010 

continues to read as follows: 

Authority: 12 U.S.C. 1829b and 1951– 

1959; 31 U.S.C. 5311–5314, 5316–5332; Title 

V, section 503, Pub. L. 111–24. 

2. Amend § 1010.100 as follows: 

a. Revise paragraph (dd)(2); and 

b. Add paragraph (dd)(3). 

§ 1010.100 General definitions. 

* * * * * 

(dd) * * * 

(2) For the purposes of complying 

with the currency and monetary 

instrument reporting requirements 

issued pursuant to 31 U.S.C. 5316, the 

term monetary instruments also 

includes any tangible prepaid access 

device. The term ‘‘tangible prepaid 

access device’’ means any physical item 

that can be transported, mailed, or 

shipped into or out of the United States 

and the use of which is dedicated to 

obtaining access to prepaid funds or the 

value of funds by the possessor in any 

manner without regard to whom the 

prepaid access is issued. The value of 

any such prepaid access device is the 

amount of the funds available to which 

the device provides access at the time of 

physical transportation, mail, or 

shipment into or out of the United 

States. 

(3) Monetary instruments do not 

include warehouse receipts, bills of 

lading, credit cards (as defined in as in 

15 U.S.C. 1602(k), including cards 

defined in 12 CFR 226.2(15)), or debit 

cards (as defined in 15 U.S.C. 1693o2(c)(2)(A)). 

* * * * * 

3. Amend § 1010.340 by adding 

paragraph (c)(10) to read as follows: 

§ 1010.340 Reports of transportation of 

currency or monetary instruments. 

* * * * * 

(c) * * * 

(10) A business participating in the 

offering of prepaid access or its agent 

with respect to the transportation of 

tangible prepaid access devices prior to 

their delivery to selling agents for 

eventual sale to the public; 

* * * * * 

Dated: October 11, 2011. 

James H. Freis, Jr., 

Director, Financial Crimes Enforcement 

Network. 

[FR Doc. 2011–26743 Filed 10–14–11; 8:45 am] 

BILLING CODE 4810–02–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 2 

[EPA–HQ–OAR–2009–0924; FRL–9479–7] 

Special Rules Governing Certain 

Information Obtained Under the Clean 

Air Act: Technical Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The EPA is proposing to 

correct an erroneous reference in EPA’s 

procedures for handling data collected 

under the Mandatory Greenhouse Gas 

Reporting Rule, which are provided in 

the Special Rules Governing Certain 

Information Obtained under the Clean 

Air Act. The proposed correction would 

not change any requirements for entities 

regulated under the Mandatory 

Greenhouse Gas Reporting Rule or the 

final confidentiality determinations EPA 

has made for such data. In the ‘‘Rules 

and Regulations’’ section of this Federal 

Register, we are making this correction 

as a direct final rule without a prior 

proposed rule. If we receive no adverse 

comment, we will not take further 

action on this proposed rule. 

DATES: Written comments must be 

received on or before November 16, 

2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2009–0924, by mail to 

Environmental Protection Agency, EPA 

Docket Center (EPA/DC), Mailcode 

6102T, Attention Docket ID No. EPA– 

HQ–OAR–2009–0924, 1200 

Pennsylvania Avenue, NW., 

Washington, DC 20460. Please include a 

total of two copies. Comments may also 

be submitted electronically or through 

hand delivery/courier by following the 

detailed instructions in the ADDRESSES

section of the direct final rule located in 

the rules section of this Federal 

Register. 

FOR FURTHER INFORMATION CONTACT: 

Carole Cook, Climate Change Division, 

Office of Atmospheric Programs (MC– 

6207J), Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460; telephone 

number: (202) 343–9263; fax number: 

(202) 343–2342; e-mail address: 

GHGReportingRule@epa.gov. For 

technical information and 

implementation materials, please go to 

the Web site http://www.epa.gov/ 

climatechange/emissions/ 

ghgrulemaking.html. To submit a 

question, select Rule Help Center, then 

select Contact Us. 

SUPPLEMENTARY INFORMATION: 

I. Why is EPA issuing this proposed 

rule? 

This document proposes to correct an 

erroneous reference in special rules 

governing certain information obtained 

under the Clean Air Act (40 CFR part 2, 

subpart B). We have published a direct 

final rule making this correction in the 

‘‘Rules and Regulations’’ section of this 

Federal Register because we view this 

as a noncontroversial action and 

anticipate no adverse comment. We 

have explained our reasons for this 

action in the preamble to the direct final 

rule. 

If we receive no adverse comment, we 

will not take further action on this 

proposed rule. If the EPA receives 

adverse comment, we will withdraw the 

direct final rule and it will not take 

effect. We would address all public 

comments in any subsequent final rule 

based on this proposed rule. 

We do not intend to institute a second 

comment period on this action. Any 

parties interested in commenting must 

do so by the comment deadline listed in 

the DATES section of this document. For 

further information, please see the 

information provided in the ADDRESSES

section of this document. 

II. Does this action apply to me? 

Regulated Entities. Entities potentially 

affected by this proposed action include 

those listed in Table 1 of this preamble: 

TABLE 1—EXAMPLES OF AFFECTED ENTITIES BY CATEGORY

Category NAICS Examples of affected facilities 

General Stationary Fuel Combustion Sources .......................... .......................... Facilities operating boilers, process heaters, incinerators, turbines, and internal combustion engines. 

211 Extractors of crude petroleum and natural gas. 

321 Manufacturers of lumber and wood products. 

322 Pulp and paper mills. 

325 Chemical manufacturers. 

324 Petroleum refineries, and manufacturers of coal products. 


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TABLE 1—EXAMPLES OF AFFECTED ENTITIES BY CATEGORY—Continued 

Category NAICS Examples of affected facilities 

316, 326, 339 Manufacturers of rubber and miscellaneous plastic products. 

331 Steel works, blast furnaces. 

332 Electroplating, plating, polishing, anodizing, and coloring. 

336 Manufacturers of motor vehicle parts and accessories. 

221 Electric, gas, and sanitary services. 

622 Health services. 

611 Educational services. 

Electricity Generation ................................................................. 221112 Fossil-fuel fired electric generating units, including units 

owned by Federal and municipal governments and units located in Indian Country. 

Adipic Acid Production ............................................................... 325199 Adipic acid manufacturing facilities. 

Aluminum Production ................................................................. 331312 Primary Aluminum production facilities. 

Ammonia Manufacturing ............................................................ 325311 Anhydrous and aqueous ammonia manufacturing facilities. 

Cement Production .................................................................... 327310 Portland Cement manufacturing plants. 

Electronics Manufacturing .......................................................... 334111 Microcomputers manufacturing facilities. 

334413 Semiconductor, photovoltaic (solid-state) device manufacturing facilities. 

334419 LCD unit screens manufacturing facilities. 

MEMS manufacturing facilities. 

Ferroalloy Production ................................................................. 331112 Ferroalloys manufacturing facilities. 

Fluorinated Gas Production ....................................................... 325120 Industrial gases manufacturing facilities. 

Glass Production ........................................................................ 327211 Flat glass manufacturing facilities. 

327213 Glass container manufacturing facilities. 

327212 Other pressed and blown glass and glassware manufacturing 

facilities. 

HCFC–22 Production and HFC–23 Destruction ........................ 325120 Chlorodifluoromethane manufacturing facilities. 

Hydrogen Production ................................................................. 325120 Hydrogen manufacturing facilities. 

Iron and Steel Production .......................................................... 331111 Integrated iron and steel mills, steel companies, sinter plants, 

blast furnaces, basic oxygen process furnace shops. 

Lead Production ......................................................................... 331419 Primary lead smelting and refining facilities. 

331492 Secondary lead smelting and refining facilities. 

Lime Manufacturing ................................................................... 327410 Calcium oxide, calcium hydroxide, dolomitic hydrates manufacturing facilities. 

Magnesium Production .............................................................. 331419 Primary refiners of nonferrous metals by electrolytic methods. 

331492 Secondary magnesium processing plants. 

Nitric Acid Production ................................................................ 325311 Nitric acid manufacturing facilities. 

Petroleum and Natural Gas Systems ........................................ 486210 Pipeline transportation of natural gas. 

221210 Natural gas distribution facilities. 

211 Extractors of crude petroleum and natural gas. 

211112 Natural gas liquid extraction facilities. 

Petrochemical Production .......................................................... 32511 Ethylene dichloride manufacturing facilities. 

325199 Acrylonitrile, ethylene oxide, methanol manufacturing facilities. 

325110 Ethylene manufacturing facilities. 

325182 Carbon black manufacturing facilities. 

Petroleum Refineries ................................................................. 324110 Petroleum refineries. 

Phosphoric Acid Production ....................................................... 325312 Phosphoric acid manufacturing facilities. 

Pulp and Paper Manufacturing .................................................. 322110 Pulp mills. 

322121 Paper mills. 

322130 Paperboard mills. 

Silicon Carbide Production ........................................................ 327910 Silicon carbide abrasives manufacturing facilities. 

Soda Ash Manufacturing ........................................................... 325181 Alkalies and chlorine manufacturing facilities. 

212391 Soda ash, natural, mining and/or beneficiation. 

Electrical Transmission and Distribution Equipment Use .......... 221121 Electric bulk power transmission and control facilities.

Titanium Dioxide Production ...................................................... 325188 Titanium dioxide manufacturing facilities. 

Underground Coal Mines ........................................................... 212113 Underground anthracite coal mining operations. 

212112 Underground bituminous coal mining operations. 

Zinc Production .......................................................................... 331419 Primary zinc refining facilities. 

331492 Zinc dust reclaiming facilities, recovering from scrap and/or 

alloying purchased metals. 

Municipal Solid Waste Landfills ................................................. 562212 Solid waste landfills. 

221320 Sewage treatment facilities. 

Industrial Wastewater Treatment ............................................... 322110 Pulp mills. 

322121 Paper mills. 

322122 Newsprint mills. 

322130 Paperboard mills. 

311611 Meat processing facilities. 

311411 Frozen fruit, juice, and vegetable manufacturing facilities. 

311421 Fruit and vegetable canning facilities. 

325193 Ethanol manufacturing facilities. 

Suppliers of Coal Based Liquid Fuels ....................................... 211111 Coal liquefaction at mine sites. 

Suppliers of Petroleum Products ............................................... 324110 Petroleum refineries. 


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TABLE 1—EXAMPLES OF AFFECTED ENTITIES BY CATEGORY—Continued 

Category NAICS Examples of affected facilities 

Suppliers of Natural Gas and NGLs .......................................... 221210 Natural gas distribution facilities. 

211112 Natural gas liquid extraction facilities. 

Suppliers of Industrial Greenhouse Gases ................................ 325120 Industrial gas manufacturing facilities. 

Suppliers of Carbon Dioxide (CO2) ........................................... 325120 Industrial gas manufacturing facilities. 

Importers and Exporters of Fluorinated Greenhouse Gases in 

Pre-charged Equipment or Closed-Cell Foams.

423730 Air-conditioning equipment (except room units) merchant 

wholesalers. 

333415 Air-conditioning equipment (except motor vehicle) manufacturing. 

336391 Motor vehicle air-conditioning manufacturing. 

423620 Air-conditioners, room, merchant wholesalers. 

................................................................................................ 443111 Household appliance stores. 

423730 Automotive air-conditioners merchant wholesalers. 

326150 Polyurethane foam products manufacturing. 

335313 Circuit breakers, power, manufacturing. 

423610 Circuit breakers merchant wholesalers. 

Geologic Sequestration of Carbon Dioxide ............................... N/A CO2 geologic sequestration projects. 

Electrical Equipment Manufacture or Refurbishment ................ 33531 Power transmission and distribution switchgear and specialty 

transformers manufacturing facilities. 

Industrial Waste Landfills ........................................................... 562212 Solid waste landfills. 

221320 Sewage treatment facilities. 

322110 Pulp mills. 

322121 Paper mills. 

322122 Newsprint mills. 

322130 Paperboard mills. 

311611 Meat processing facilities. 

311411 Frozen fruit, juice, and vegetable manufacturing facilities. 

311421 Fruit and vegetable canning facilities. 

Injection of Carbon Dioxide ....................................................... 211 Oil and gas extraction projects using CO2 enhanced oil and 

gas recovery. 

211111 or 

211112 

Projects that inject acid gas containing CO2 underground. 

Table 1 of this preamble is not 

intended to be exhaustive, but rather 

provides a guide for readers regarding 

facilities likely to be affected by this 

action and 40 CFR part 98. Table 1 of 

this preamble lists the types of facilities 

that the EPA is now aware could be 

potentially affected by this action. Other 

types of facilities not listed in the table 

could also be affected. To determine 

whether your facility is affected by this 

action, you should carefully examine 

the applicability criteria found in 40 

CFR part 98, subpart A, and other 

subparts as necessary. If you have 

questions regarding the applicability of 

this action to a particular facility, 

consult the person listed in the 

preceding FOR FURTHER INFORMATION

CONTACT section. 

Table of Contents 

I. Why is EPA issuing this Proposed Rule? 

II. Does this action apply to me? 

III. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

B. Paperwork Reduction Act 

C. Regulatory Flexibility Act (RFA) 

D. Unfunded Mandates Reform Act 

(UMRA) 

E. Executive Order 13132: Federalism 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

I. National Technology Transfer and 

Advancement Act 

J. Executive Order 12898: Federal Actions 

To Address Environmental Justice in 

Minority Populations and Low-Income 

Populations. 

III. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order 12866 (58 FR 51735, 

October 4, 1993) and is therefore not 

subject to review under Executive 

Orders 12866 and 13563 (76 FR 3821, 

January 21, 2011). 

B. Paperwork Reduction Act 

The correction to 40 CFR part 2 would 

not impose any information collection 

burden. 

C. Regulatory Flexibility Act (RFA) 

The RFA generally requires an agency 

to prepare a regulatory flexibility 

analysis of any rule subject to notice 

and comment rulemaking requirements 

under the Administrative Procedure Act 

or any other statute unless the agency 

certifies that 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 the 

amendments on small entities, small 

entity is defined as: (1) A small business 

as defined by the Small Business 

Administration’s regulations at 13 CFR 

121.201; (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. After considering 

the economic impacts of today’s 

proposed correction to the citation in 40 

CFR part 2 on small entities, I certify 

that this action would not have a 

significant economic impact on a 

substantial number of small entities. In 

determining whether a rule has a 


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64058 Federal Register / Vol. 76, No. 200 / Monday, October 17, 2011 / Proposed Rules 

significant economic impact on a 

substantial number of small entities, the 

impact of concern is any significant 

adverse economic impact on small 

entities, since the primary purpose of 

the regulatory flexibility analyses is to 

identify and address regulatory 

alternatives ‘‘which minimize any 

significant economic impact of the rule 

on small entities.’’ 5 U.S.C. 603 and 604. 

Thus, an agency may certify that a rule 

will not have a significant economic 

impact on a substantial number of small 

entities if the rule relieves regulatory 

burden, or otherwise has a positive 

economic effect on all of the small 

entities subject to the rule. 

This proposed rule would not impose 

any new requirement on small entities 

that are not currently required by Part 

98. The amendment to 40 CFR part 2 is 

administrative in nature. Therefore, this 

rule would not have a significant 

economic impact on a substantial 

number of small entities. 

D. Unfunded Mandates Reform Act 

(UMRA) 

This action contains no federal 

mandates under the provisions of Title 

II of the Unfunded Mandates Reform 

Act of 1995 (UMRA), 2 U.S.C. 1531– 

1538 for state, local, or Tribal 

governments or the private sector. The 

action would impose no enforceable 

duty on any state, local or Tribal 

governments or the private sector. 

Therefore, this action is not subject to 

the requirements of sections 202 or 205 

of the UMRA. This action is also not 

subject to the requirements of section 

203 of UMRA because it contains no 

regulatory requirements that might 

significantly or uniquely affect small 

governments. The correction in this 

proposed rule revises a citation 

reference in one section of 40 CFR part 

2, subpart B to confirm the original 

intention of the reference by correcting 

the citation to statutory authority. 

E. Executive Order 13132: Federalism 

This proposed change to 40 CFR part 

2 would not have federalism 

implications. It would 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. However, for a 

more detailed discussion about how 

Part 98 relates to existing state 

programs, please see Section II of the 

preamble to the final part 98 rule (74 FR 

56266). 

The correction to 40 CFR part 2 is 

administrative in nature and would 

apply to data reported under Part 98 by 

facilities that directly emit GHGs or 

supply fuel or chemicals that may emit 

GHGs when used. Part 98 does not 

apply to governmental entities unless 

the government entity owns a facility 

that directly emits GHGs above 

threshold levels such as large stationary 

combustion sources or landfills, so 

relatively few government facilities 

would be affected. The change to 40 

CFR part 2 also would not limit the 

power of states or local governments to 

collect GHG data or regulate GHG 

emissions. Thus, Executive Order 13132 

does not apply to this action. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action is not expected to have 

Tribal implications, as specified in 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because this action 

is administrative in nature and would 

not impose any new requirements on 

Tribes. Thus, Executive Order 13175 

does not apply to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

The EPA interprets Executive Order 

13045 (62 FR 19885, April 23, 1997) as 

applying only to those regulatory 

actions that concern health or safety 

risks, such that the analysis required 

under section 5–501 of the Executive 

Order has the potential to influence the 

regulation. This action is not subject to 

Executive Order 13045 because it would 

not establish an environmental standard 

intended to mitigate health or safety 

risks. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not a ‘‘significant 

energy action’’ as defined in Executive 

Order 13211 (66 FR 28355, May 22, 

2001), because it is not likely to have a 

significant adverse effect on the supply, 

distribution, or use of energy. The 

amendments to 40 CFR part 2 are 

administrative in nature and therefore 

would not have any adverse impacts on 

energy supply, distribution, or use. 

I. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (NTTAA), Public Law No. 

104–113, 12(d) (15 U.S.C. 272 note) 

directs the EPA to use voluntary 

consensus standards 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 voluntary consensus 

standards bodies. NTTAA directs the 

EPA to provide Congress, through OMB, 

explanations when the Agency decides 

not to use available and applicable 

voluntary consensus standards. 

This proposed change to 40 CFR part 

2 is administrative in nature and would 

not involve technical standards. 

Therefore, the 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. 

The EPA has determined that the 

proposed action would not have 

disproportionately high and adverse 

human health or environmental effects 

on minority or low-income populations 

because the correction noted would not 

affect the level of protection provided to 

human health or the environment. The 

change to 40 CFR part 2 is 

administrative in nature and therefore 

would not affect the level of protection 

provided to human health or the 

environment. 

List of Subjects in 40 CFR Part 2 

Environmental protection, 

Administrative practice and procedure, 

Reporting and recordkeeping 

requirements. 

Dated: October 11, 2011. 

Lisa P. Jackson, 

Administrator. 

[FR Doc. 2011–26765 Filed 10–14–11; 8:45 am] 

BILLING CODE 6560–50–P 


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