Federal Register / Vol. 76, No. 40 / Tuesday, March 1, 2011 / Proposed Rules 11187 

5Notice of Proposed Rulemaking at P 38; EPSA 

June 16, 2010 Comments at 9–10; Southern 

Company Services, Inc. (Southern) June 16, 2010 

Comments at 6–8; Southern California Edison 

Company (SCE) June 16, 2010 Comments at 3. 

6Notice of Proposed Rulemaking at P 33; ISO–NE 

June 16, 2010 Comments at 5; EPSA June 16, 2010 

Comments at 6–8; XES June 16, 2010 Comments at 

5; Transcript at 15:13–15 (Potishnak); Transcript at 

18:18–25 and 19:1–5 (Ramey); Transcript at 23:18– 

25 and 24:1 (Pike); Transcript at 75:15–25 and 76:4 

(Pike); Transcript at 86:18–20 (Potishnak). 

7Notice of Proposed Rulemaking at P 33, n.51; 

ISO–NE June 16, 2010 Comments at 5; EPSA June 

16, 2010 Comments at 8–9; Transcript at 17:20–25 

(Ramey); Transcript at 73:4–16 (Ramey). 

8 ISO–NE June 16, 2010 Comments at 7–8; SCE 

June 16, 2010 Comments at 2,5; Southern June 16, 

2010 Comments at 3. 

9Notice of Proposed Rulemaking at P 13; SCE 

June 16, 2010 Comments at 3–4; CAISO June 16, 

2010 Comments at 1–2. 

optimization,5 sustainability 6 and potential 

limitations of faster-ramping resources.7

Moreover, I believe there is no basis to 

propose a single, one-size-fits-all approach 

for frequency regulation compensation. In 

fact, several commenters caution specifically 

against such an approach.8 In addition, I 

have concerns that the majority decision 

could detract from, or otherwise delay, efforts 

ongoing at the RTO/ISO stakeholder level.9

It is essential that this Commission address 

frequency regulation compensation to ensure 

appropriate compensation for service 

provided. Moreover, new technologies could 

offer substantial benefits. While I recognize 

the majority’s desire to move quickly, I 

believe it is more important to ‘‘measure 

twice, cut once.’’ Accordingly, I believe the 

Commission should have taken a preliminary 

step (such as the issuance of a Notice of 

Inquiry or Advanced Notice of Proposed 

Rulemaking) before moving forward with the 

specific proposal in a Notice of Proposed 

Rulemaking. For these reasons, I respectfully 

dissent in part from this Order. 

Marc Spitzer, 

Commissioner. 

[FR Doc. 2011–4267 Filed 2–28–11; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF LABOR 

Mine Safety and Health Administration 

30 CFR Part 75 

RIN 1219–AB75 

Examinations of Work Areas in 

Underground Coal Mines for Violations 

of Mandatory Health or Safety 

Standards 

AGENCY: Mine Safety and Health 

Administration, Labor. 

ACTION: Proposed rule; extension of 

comment period. 

SUMMARY: The Mine Safety and Health 

Administration (MSHA) is extending 

the comment period on the proposed 

rule addressing Examinations of Work 

Areas in Underground Coal Mines for 

Violations of Mandatory Health or 

Safety Standards. It proposed revising 

MSHA requirements for preshift, 

supplemental, and on-shift, and weekly 

examinations of underground coal 

mines. This extension gives commenters 

an additional 30 days to comment on 

the proposed rule. 

DATES: The comment period for the 

proposed rule published December 27, 

2010, at 75 FR 81165, is extended. All 

comments must be received or 

postmarked by 12 midnight Eastern 

Daylight Savings Time, March 28, 2011. 

ADDRESSES: All submissions must be 

clearly identified and reference MSHA 

and RIN 1219–AB75. Comments may be 

submitted by any of the following 

methods: 

• Federal e-Rulemaking Portal: 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Electronic mail: zzMSHAcomments@dol.gov. Include ‘‘RIN 1219– 

AB75’’ in the subject line of the message. 

• Facsimile: (202) 693–9441. Include 

‘‘RIN 1219–AB75’’ in the subject line of 

the message. 

• Regular Mail: MSHA, Office of 

Standards, Regulations, and Variances, 

1100 Wilson Blvd., Room 2350, 

Arlington, Virginia 22209–3939. 

• Hand Delivery or Courier: MSHA, 

Office of Standards, Regulations, and 

Variances, 1100 Wilson Blvd., Room 

2350, Arlington, Virginia 22209–3939. 

Sign in at the receptionist’s desk on the 

21st floor. 

MSHA will post all comments on the 

Internet without change, including any 

personal information provided. 

Comments can be accessed 

electronically at http://www.msha.gov 

under the ‘‘Rules & Regs’’ link. 

Comments may also be reviewed in 

person at the Office of Standards, 

Regulations, and Variances, 1100 

Wilson Boulevard, Room 2350, 

Arlington, Virginia. Sign in at the 

receptionist’s desk on the 21st floor. 

MSHA maintains a list that enables 

subscribers to receive e-mail notification 

when the Agency publishes rulemaking 

documents in the Federal Register. To 

subscribe, go to 

http://www.msha.gov/subscriptions/ 

subscribe.aspx. 

• Information Collection 

Requirements: Comments concerning 

the information collection requirements 

of this proposed rule must be clearly 

identified with ‘‘RIN 1219–AB75’’ and 

sent to both the Office of Management 

and Budget (OMB) and MSHA. 

Comments to OMB may be sent by mail 

addressed to the Office of Information 

and Regulatory Affairs, Office of 

Management and Budget, New 

Executive Office Building, 725 17th 

Street, NW., Washington, DC 20503, 

Attn: Desk Officer for MSHA. Comments 

to MSHA may be transmitted by any of 

the methods listed above in this section. 

SUPPLEMENTARY INFORMATION: On 

December 27, 2010 (75 FR 81165), 

MSHA published a proposed rule, 

Examinations of Work Areas in 

Underground Coal Mines for Violations 

of Mandatory Health or Safety 

Standards. The proposal would require 

operators to examine for violations of 

mandatory health or safety standards in 

addition to hazardous conditions, and 

take corrective actions if violations are 

found. It would also require that 

operators review with mine examiners 

on a quarterly basis all citations and 

orders issued in areas where 

examinations are required. The proposal 

would require that underground coal 

mine operators find and fix violations of 

mandatory health or safety standards, 

thereby improving health and safety for 

miners. The proposed rule is available 

on MSHA’s Web site at http:// 

www.msha.gov/REGS/FEDREG/ 

PROPOSED/2010PROP/2010-32410.pdf. 

In response to a request from the 

public and to provide the opportunity 

for additional public participation in 

this rulemaking, MSHA is extending the 

comment period from February 25, 

2011, to March 28, 2011. All comments 

and supporting documentation must be 

received or postmarked by 12 midnight 

Eastern Daylight Savings Time, March 

28, 2011. 

Dated: February 24, 2011. 

Joseph A. Main, 

Assistant Secretary of Labor for Mine Safety 

and Health. 

[FR Doc. 2011–4592 Filed 2–25–11; 4:15 pm] 

BILLING CODE 4510–43–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 59 

RIN 2900–AN77 

Due Date of Initial Application 

Requirements for State Home 

Construction Grant 

AGENCY: Department of Veterans Affairs. 

ACTION: Proposed rule. 

SUMMARY: This document proposes to 

amend the Department of Veterans 

Affairs (VA) regulation concerning the 

calendar date that VA must receive an 

initial application for a State Home 

Construction Grant in order for the 

application to be included on the 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
11188 Federal Register / Vol. 76, No. 40 / Tuesday, March 1, 2011 / Proposed Rules 

priority list for the award of grants 

during the next fiscal year. We propose 

to require that initial application 

materials must be received by VA on 

April 15, and not August 15, of the year 

before the fiscal year in which the 

application would be considered for 

inclusion on the priority list for the 

award of grants. Similarly, we propose 

to require that a State make its matching 

funds for a project available by April 15, 

and not August 15, in order for the 

project to be placed in priority group 1 

of the priority list for the next fiscal 

year. The purpose of these changes is to 

ensure that VA has sufficient time to 

process all applications received and 

timely prepare the priority list. We also 

propose technical revisions to conform 

with these proposed revisions. 

DATES: Comments must be received on 

or before May 2, 2011. 

ADDRESSES: Written comments may be 

submitted by email through http:// 

www.regulations.gov; by mail or handdelivery to Director, Regulations 

Management (02REG), Department of 

Veterans Affairs, 810 Vermont Ave., 

NW., Room 1068, Washington, DC 

20420; or by fax to (202) 273–9026. 

Comments should indicate that they are 

submitted in response to ‘‘RIN 2900– 

AN77–Due Date of Initial Application 

Requirements for State Home 

Construction Grant.’’ Copies of 

comments received will be available for 

public inspection in the Office of 

Regulation Policy and Management, 

Room 1063B, between the hours of 

8 a.m. and 4:30 p.m. Monday through 

Friday (except holidays). Please call 

(202) 461–4902 for an appointment. 

(This is not a toll-free number.) In 

addition, during the comment period, 

comments may be viewed online 

through the Federal Docket Management 

System (FDMS) at http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: Tom 

Graves, Director (114), State Home 

Construction, 810 Vermont Ave., NW., 

Washington, DC 20420, (202) 461–6084. 

(This is not a toll-free number). 

SUPPLEMENTARY INFORMATION: Under 38 

U.S.C. 8131 through 8138, VA is 

authorized to award grants to assist 

States in constructing, remodeling, 

altering, or expanding State home 

facilities that will furnish specified 

types of care to veterans. VA has 

implemented this statutory authority at 

38 CFR part 59. 

Under 38 U.S.C. 8135, States that 

wish to receive assistance for a State 

home construction project (or 

acquisition of an existing facility to be 

used as a State home facility) must 

submit an application that includes 

certain information and documentation 

described in the statute. VA has 

implemented the application 

requirement in current § 59.20(a), which 

requires that applicants seeking 

inclusion on the priority list for grants 

awarded during the next fiscal year 

submit to VA an original and one copy 

of a completed VA Form 10–0388–1 and 

all information, documentation, and 

other forms specified by VA Form 10– 

0388–1. Under current § 59.20(c), VA 

encourages the submission of the 

application by April 15 but considers 

any application submitted before 

August 16. VA maintains the ‘‘priority 

list’’ pursuant to current 38 CFR 59.50. 

We propose to revise § 59.20(c) to 

improve the clarity and efficacy of the 

application process and to address 

certain administrative challenges 

presented by the current rule. We also 

propose to make technical revisions to 

related provisions in part 59. 

First, we propose to change the phrase 

at the beginning of the first sentence of 

§ 59.20(c) from ‘‘[t]he information 

requested under paragraph (a) of this 

section’’ to ‘‘[t]he items requested under 

paragraph (a) of this section’’. Paragraph 

(a) requires the submission of forms and 

documentation as well as information, 

and all of the items described in 

paragraph (a) must be timely submitted 

in order for VA to consider the project 

for inclusion on the priority list for the 

next fiscal year. Yet, the current rule 

could be misinterpreted to require 

timely submission of only the 

‘‘information’’ described in paragraph 

(a), and not the ‘‘documentation, and 

other forms specified.’’ This is a 

technical, clarifying change. 

Next, we propose to change the date 

that initial applications must be 

received by VA. Current § 59.20(c) states 

that applications ‘‘should be submitted 

to VA by April 15,’’ but ‘‘must be 

received by VA by August 15’’ in order 

for VA to consider the application on 

the next year’s priority list. The 

regulation does not address the 

distinction between submission and 

receipt and does not explain the fourmonth gap between the two dates. As a 

practical matter, this often results in the 

items not being received by VA until 

August 15. At the same time, current 38 

CFR 59.20(d), 59.50(a), and 59.70(b) use 

the August 15 date without mentioning 

the April 15 date, which leads to further 

confusion as to which date actually 

applies. 

A U.S. Government fiscal year begins 

on October 1 of a calendar year and 

extends through September 30 of the 

next calendar year. A fiscal year carries 

the date of the calendar year in which 

it ends. For example, if a State seeks 

assistance for a Fiscal Year 2012 

construction project, the State’s 

application must be received by VA, 

under the current rule, on or before 

August 15, 2011, so that the application 

can be on the priority list for the next 

fiscal year, which begins on October 1, 

2011. As a matter of custom and 

practice, and to ensure the quick and 

efficient distribution of funds to States 

that need VA’s assistance, VA seeks to 

issue the priority list shortly after the 

beginning of the fiscal year to which it 

applies. Under current § 59.20(c), we 

have from August 16 to September 30, 

before the beginning of the fiscal year, 

to analyze and process the applications. 

We need more time to evaluate all of the 

applications so that we can make fullyinformed decisions concerning the 

allocation of grant money to the States. 

For Fiscal Year 2011, VA had to 

evaluate 111 applications in order to 

prepare the priority list before October 

1, 2010. Therefore, we propose to revise 

§ 59.20(c) to require that all initial 

applications be received by VA no later 

than April 15, and also to amend 

§§ 59.20(d) and 59.50(a) in accordance 

with the April 15 requirement. 

We recognize that this will require 

some States to submit their initial 

applications up to 4 months earlier than 

has been their custom in the past. 

However, the April 15 submission date 

is already encouraged in current 

§ 59.20(c) and implies that States should 

submit applications to VA as soon as 

possible before the current August 15 

deadline. The proposed revision to 

§ 59.20(c) would prescribe only one 

date, the date that the application must 

be received by VA. This revision would 

clarify the regulation. We note that the 

proposal does not otherwise expand the 

application requirements or in any way 

change the nature of the items 

submitted. 

Consistent with our need to and 

proposal for amending § 59.20(c), we 

also propose to amend § 59.70(b). 

Specifically, we propose to amend the 

date, from August 15 to April 15, by 

which a State must commit funds for a 

project in order for that project to be 

eligible for inclusion in priority group 1 

of the priority list for the next fiscal 

year. (Priority group 1 projects are 

projects that have State matching funds. 

State matching funds are not required to 

be placed in priority groups 2–7 on the 

priority list.) Paragraph (b) of § 59.70 

requires that, as a condition of receiving 

a grant for a project, a State must make 

sufficient funds available for the project 

so that the project may proceed upon 

approval of the grant without further 

action required by the State to make the 

funds available. An authorized State 


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Federal Register / Vol. 76, No. 40 / Tuesday, March 1, 2011 / Proposed Rules 11189 

budget official must certify that the 

State funds are, or will be, available for 

the project, so that if VA awards the 

grant, the project may proceed without 

further State action. That certification 

must be updated each year by every 

State with a priority group 1 project. 

Under the current rule, a State must 

make such funds available by August 15 

of the year prior to the fiscal year for 

which the grant is requested to be 

eligible for inclusion in priority group 1. 

Under the proposed amendment of 

§ 59.70(b), a State would be required to 

make the funds available by April 15 of 

the year prior to the fiscal year for 

which the grant is requested. We 

recognize that the budgetary deadlines 

for the States differ and that the revision 

will result in some projects being 

excluded from priority group 1 of the 

priority list for a given fiscal year. 

However, VA’s need to have sufficient 

time to prepare the priority list before 

the beginning of an upcoming fiscal year 

necessitates this change. 

As a result of the change, projects in 

States that obtain funding before April 

15 would be eligible for priority group 

1 for the upcoming fiscal year, and 

projects in States that obtain funding 

after April 15 would not be eligible. In 

any given year, the only impact of the 

change will be realized for projects 

funded by States after April 15 and 

before August 16. As mentioned above, 

projects that are not eligible for 

inclusion in priority group 1 because 

funds are unavailable would still be 

eligible for inclusion in priority groups 

2–7 because the initial application does 

not require the commitment of funds. 

For all of the priority groups, the date 

on which an application for a project is 

received by VA affects the position of 

the project on the priority list (the 

earlier the application was received, the 

higher the priority given within a 

specific priority group or, where 

relevant, subpriority group). See 38 CFR 

59.50. 

Finally, we are making a technical 

amendment to add, after the authority 

citation for § 59.20, a parenthetical 

noting that the Office of Management 

and Budget (OMB) has approved the 

information collection required by that 

regulation. It is VA’s practice to include 

notations concerning the information 

collection approval number at the end 

of regulations containing information 

collections, and the omission here was 

an oversight. 

Unfunded Mandates 

The Unfunded Mandates Reform Act 

of 1995 requires, at 2 U.S.C. 1532, that 

agencies prepare an assessment of 

anticipated costs and benefits before 

issuing any rule that may result in an 

expenditure by State, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

(adjusted annually for inflation) in any 

given year. This proposed rule would 

have no such effect on State, local, and 

tribal governments, or on the private 

sector. 

Paperwork Reduction Act 

Although this document contains 

provisions constituting collections of 

information, at 38 CFR 59.20, under the 

provisions of the Paperwork Reduction 

Act (44 U.S.C. 3501 et seq.), no new or 

proposed revised collections of 

information are associated with this 

proposed rule. The information 

collection requirements for § 59.20 are 

currently approved by OMB and have 

been assigned OMB control number 

2900–0661. 

Executive Order 12866 

Executive Order 12866 directs 

agencies to assess all costs and benefits 

of available regulatory alternatives and, 

when regulation is necessary, to select 

regulatory approaches that maximize 

net benefits (including potential 

economic, environmental, public health 

and safety, and other advantages; 

distributive impacts; and equity). The 

Executive Order classifies a regulatory 

action as a ‘‘significant regulatory 

action,’’ requiring review by OMB unless 

OMB waives such review, if it is a 

regulatory action that is likely to result 

in a rule that may: (1) Have an annual 

effect on the economy of $100 million 

or more or adversely affect in a material 

way the economy, a sector of the 

economy, productivity, competition, 

jobs, the environment, public health or 

safety, or State, local, or tribal 

governments or communities; (2) create 

a serious inconsistency or otherwise 

interfere with an action taken or 

planned by another agency; (3) 

materially alter the budgetary impact of 

entitlements, grants, user fees, or loan 

programs or the rights and obligations of 

recipients thereof; or (4) raise novel 

legal or policy issues arising out of legal 

mandates, the President’s priorities, or 

the principles set forth in the Executive 

Order. 

The economic, interagency, 

budgetary, legal, and policy 

implications of this proposed rule have 

been examined, and it has been 

determined not to be a significant 

regulatory action under Executive Order 

12866. 

Regulatory Flexibility Act 

The Secretary hereby certifies that 

this proposed rule would not have a 

significant economic impact on a 

substantial number of small entities as 

they are defined in the Regulatory 

Flexibility Act, 5 U.S.C. 601–612. The 

rule affects States and has no impact on 

any small entities. Therefore, pursuant 

to 5 U.S.C. 605(b), this proposed 

amendment is exempt from the initial 

and final regulatory flexibility analysis 

requirements of sections 603 and 604. 

Catalog of Federal Domestic Assistance 

The Catalog of Federal Domestic 

Assistance program numbers and titles for 

this rule are as follows: 64.005, Grants to 

States for Construction of State Home 

Facilities; 64.007, Blind Rehabilitation 

Centers; 64.008, Veterans Domiciliary Care; 

64.009, Veterans Medical Care Benefits; 

64.010, Veterans Nursing Home Care; 64.014, 

Veterans State Domiciliary Care; 64.015, 

Veterans State Nursing Home Care; 64.018, 

Sharing Specialized Medical Resources; 

64.019, Veterans Rehabilitation Alcohol and 

Drug Dependence; 64.022, Veterans Home 

Based Primary Care; and 64.024, VA 

Homeless Providers Grant and Per Diem 

Program. 

Signing Authority 

The Secretary of Veterans Affairs, or 

designee, approved this document and 

authorized the undersigned to sign and 

submit the document to the Office of the 

Federal Register for publication 

electronically as an official document of 

the Department of Veterans Affairs. John 

R. Gingrich, Chief of Staff, Department 

of Veterans Affairs, approved this 

document on February 8, 2011, for 

publication. 

List of Subjects in 38 CFR Part 59 

Administrative practice and 

procedure, Alcohol abuse, Alcoholism, 

Claims, Day care, Dental health, Drug 

abuse, Government contracts, Grant 

programs—health, Grant programs— 

veterans, Health care, Health facilities, 

Health professions, Health records, 

Homeless, Mental health programs, 

Nursing homes, Philippines, Reporting 

and recordkeeping requirements, 

Veterans. 

Dated: February 23, 2011. 

Robert C. McFetridge, 

Director, Regulation Policy and Management, 

Office of the General Counsel, Department 

of Veterans Affairs. 

For the reasons set forth in the 

preamble, VA proposes to amend 38 

CFR part 59 as follows: 

PART 59—GRANTS TO STATES FOR 

CONSTRUCTION OR ACQUISITION OF 

STATE HOMES 

1. Revise the authority citation for 

part 59 to read as follows: 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
11190 Federal Register / Vol. 76, No. 40 / Tuesday, March 1, 2011 / Proposed Rules 

Authority: 38 U.S.C. 101, 501, 1710, 1742, 

8105, 8131–8137. 

2. Amend § 59.20 by: 

a. Revising paragraph (c). 

b. Removing ‘‘August’’ from paragraph 

(d) and adding, in its place, ‘‘April’’. 

c. Adding an information collection 

approval parenthetical after the 

authority citation at the end of the 

section. 

The revision and addition read as 

follows: 

§ 59.20 Initial application requirements. 

* * * * * 

(c) The items requested under 

paragraph (a) of this section must be 

received by VA no later than April 15 

in order for VA to include the 

application on the priority list for the 

award of grants during the next fiscal 

year. See § 59.50, Priority List. 

* * * * * 

(The Office of Management and Budget 

has approved the information collection 

requirements in this section under 

control number 2900–0661.) 

§ 59.50 [Amended] 

3. Amend § 59.50 by removing 

‘‘August’’ from the introductory text of 

paragraph (a) and adding, in its place, 

‘‘April’’. 

§ 59.70 [Amended] 

4. Amend § 59.70 by removing 

‘‘August’’ from paragraph (b) and adding, 

in its place, ‘‘April’’. 

[FR Doc. 2011–4431 Filed 2–28–11; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2010–0168; FRL–9271–4] 

Approval and Promulgation of 

Implementation Plans; State of 

Missouri 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA proposes to approve the 

State Implementation Plan (SIP) 

revision submitted by the state of 

Missouri to add two new rules which 

implement restrictions on the idling of 

heavy duty diesel vehicles in the Kansas 

City Metropolitan Area and in the St. 

Louis Ozone Nonattainment Area. EPA 

is proposing this revision because the 

standards and requirements set by the 

rules will strengthen the Missouri SIP. 

EPA’s approval of this SIP revision is 

being done in accordance with the 

requirements of the Clean Air Act 

(CAA). 

DATES: Comments on this proposed 

action must be received in writing by 

March 31, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R07– 

OAR–2010–0168, by mail to Amy 

Bhesania, Environmental Protection 

Agency, Air Planning and Development 

Branch, 901 North 5th Street, Kansas 

City, Kansas 66101. 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: 

Amy Bhesania at (913) 551–7147, or by 

e-mail at bhesania.amy@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

final rules section of the Federal 

Register, EPA is approving the state’s 

SIP revision as a direct final rule 

without prior proposal because the 

Agency views this as a noncontroversial 

revision amendment and anticipates no 

relevant adverse comments to this 

action. A detailed rationale for the 

approval is set forth in the direct final 

rule. If no relevant adverse comments 

are received in response to this action, 

no further activity is contemplated in 

relation to this action. If EPA receives 

relevant adverse comments, the direct 

final rule will be withdrawn and all 

public comments received will be 

addressed in a subsequent final rule 

based on this proposed action. EPA will 

not institute a second comment period 

on this action. Any parties interested in 

commenting on this action should do so 

at this time. Please note that if EPA 

receives adverse comment on part of 

this rule and if that part can be severed 

from the remainder of the rule, EPA may 

adopt as final those parts of the rule that 

are not the subject of an adverse 

comment. For additional information, 

see the direct final rule which is located 

in the rules section of this Federal 

Register. 

Dated: February 16, 2011. 

Karl Brooks, 

Regional Administrator, Region 7. 

[FR Doc. 2011–4371 Filed 2–28–11; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 211, 212, and 252 

RIN 0750–AG83 

Defense Federal Acquisition 

Regulation Supplement; Reporting of 

Government-Furnished Property 

(DFARS Case 2009–D043) 

AGENCY: Defense Acquisition 

Regulations System; Department of 

Defense (DoD). 

ACTION: Notice of public meeting on 

proposed rule. 

SUMMARY: DoD is proposing to amend 

the Defense Federal Acquisition 

Regulation Supplement (DFARS) to 

revise and expand reporting 

requirements for Government-furnished 

property to include items uniquely and 

non-uniquely identified, and to clarify 

policy for contractor access to 

Government supply sources. 

DATES: Public Meeting: DoD is hosting a 

public meeting to discuss the proposed 

rule on March 18, 2011, from 1 p.m. to 

4 p.m. DST. Attendees should register 

for the public meeting at least one week 

in advance to ensure adequate room 

accommodations. Registrants will be 

given priority if room constraints 

require limits on attendance. To register, 

please go to http://www.acq.osd.mil/ 

dpap/dars/Government-furnished 

property.html and submit the following 

information: 

(1) Company or organization name; 

(2) Names of persons attending; 

(3) Identity if desiring to speak; limit 

to a 10-minute presentation per 

company or organization. 

FOR FURTHTER INFORMATION CONTACT: 

Send questions about registration or the 

submission of comments to the e-mail 

address identified at http:// 

www.acq.osd.mil/dpap/dars/ 

Government-furnished property.html. 

Please cite ‘‘Public Meeting, DFARS 

Case 2009–D043’’ in the subject line of 

the e-mail. 

ADDRESSES: Public Meeting: The public 

meeting will be held in the General 

Services Administration multipurpose 

room, 2nd floor, One Constitution 

Square, 1275 First Street, NE., 

Washington, DC 20417. 

Interested parties are encouraged to 

arrive at least 30 minutes early. 

Government ID holders (PIV Cards) will 

be able to scan their cards to enter the 

building. Other visitors will be able to 

enter the building by entering through 

the Visitors’ Center, and will require a 


jlentini on DSKJ8SOYB1PROD with PROPOSALS