### 32115 Federal Register / Vol. 76, No. 107 / Friday, June 3, 2011 / Proposed Rules

193). The SJVUAPCD regulates an ozone nonattainment area (see 40 CFR part 81), so Rules 4602 and 4603 must fulfill RACT. The ICAPCD regulates an ozone nonattainment area (see 40 CFR part 81), so Rules 425 and 427 must fulfill RACT.

Guidance and policy documents that we used to help evaluate enforceability and RACT requirements consistently include the following:

1. Portions of the proposed post-1987 ozone and carbon monoxide policy that concern RACT, 52 FR 45044, November 24, 1987.

2. Issues Relating to ‘‘VOC Regulation Cutpoints, Deficiencies, and Deviations, ’’ EPA, May 25, 1988 (the Bluebook).

3. ‘‘A Guidance Document for Correcting Common VOC & Other Rule Deficiencies, ’’ EPA Region 9, August 21, 2001 (the Little Bluebook).

4. CTG for Automobile and the CTG for Light-Duty Truck Assembly Coatings, EPA–453/R–08–006, Miscellaneous Metal and Plastic Parts Coatings, EPA–453/R–08–003,

5. CTG for Fiberglass Boat Manufacturing Materials, EPA–453/R– 08–004,

6. National Emissions Standards for Aerospace Manufacturing and Rework Facilities: Summary of Requirements for Implementing NESHAP, EPA–456/R– 97–006 and CARB Automotive Coatings SCM.

B. Do the rules meet the evaluation criteria?

We believe these rules are consistent with the relevant policy and guidance regarding enforceability, RACT, and SIP relaxations. The TSDs have more information on our evaluation.

C. EPA Recommendations to Further Improve the Rules

The TSDs describe additional rule revisions that do not affect EPA’s current action but are recommended for the next time the local agency modifies the rules.

D. Public Comment and Final Action

Because EPA believes the submitted rules fulfill all relevant requirements, we are proposing to fully approve them as described in section 110(k)(3) of the Act. We will accept comments from the public on this proposal for the next 30 days. Unless we receive convincing new information during the comment period, we intend to publish a final approval action that will incorporate these rules into the federally enforceable SIP. III. Statutory and Executive Order Reviews

Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA’s role is to approve State choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this action merely approves State law as meeting Federal requirements and does not impose additional requirements beyond those imposed by State law. For that reason, this action:

• Is not a ‘‘ significant regulatory action’’ subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993);

• Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq. );

• Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq. );

• Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4);

• Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999);

• Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);

• Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001);

• Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and

• Does not provide EPA with the discretionary authority to address disproportionate human health or environmental effects with practical, appropriate, and legally permissible methods under Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, these rules do not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the State, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Intergovernmental relations, Ozone, Reporting and recordkeeping requirements, Volatile organic compound.

Authority: 42 U.S.C. 7401 et seq. Dated: May 19, 2011. Jared Blumenfeld, Regional Administrator, Region IX.
[FR Doc. 2011–13830 Filed 6–2–11; 8:45 am]

**BILLING CODE 6560–50–P**

**ENVIRONMENTAL PROTECTION AGENCY** 

**40 CFR Part 300**

**[EPA–HQ–SFUND–1987–0002; FRL–9315–7]**

**National Oil and Hazardous Substances Pollution Contingency**  **Plan; National Priorities List: Intent To Delete the Coker’s Sanitation Service**  **Landfills Superfund Site**

**AGENCY :**  Environmental Protection Agency.

**ACTION :**  Proposed rule.

**SUMMARY :**  The Environmental Protection Agency (EPA) Region III is issuing an Intent To Delete the Coker’s Sanitation Service Landfills Superfund Site (Site) located in Cheswold, Kent County, Delaware, from the National Priorities List (NPL) and requests public comments on this proposed action. The NPL, promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is an appendix of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). The EPA and the State of Delaware, through the Delaware Department of Natural Resources and Environmental Control (DNREC), have determined that all appropriate response actions under CERCLA, other than operation, maintenance, and five-year reviews, have been completed. However, this deletion does not preclude future actions under Superfund.

**DATES :**  Comments must be received by July 5, 2011.

**ADDRESSES :** 

Submit your comments, identified by Docket ID no. EPA–HQ–SFUND–1987– 0002, by one of the following methods:

• http://www.regulations.gov. Follow on-line instructions for submitting
comments.

• E-mail: ostrauskas.darius@epa.gov.

• Fax: (215) 814–3002, Attn: Darius Ostrauskas.


### 32116 Federal Register / Vol. 76, No. 107 / Friday, June 3, 2011 / Proposed Rules

• Mail: U.S. Environmental Protection Agency, Region III, Attn: Darius Ostrauskas (3HS23), 1650 Arch Street, Philadelphia, PA 19103–2029.

• Hand Delivery: U.S. Environmental Protection Agency, Region III, Attn: Darius Ostrauskas (3HS23), 1650 Arch Street, Philadelphia, PA 19103–2029, Phone: 215–814–3360, Business Hours: Mon. thru Fri.—9 a.m. to 4 p.m. Such deliveries are only accepted during the Docket’s normal hours of operation, and special arrangements should be made for deliveries of boxed information.

Instructions: Direct your comments to Docket ID no. EPA–HQ–SFUND–1987– 0002. EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at http:// www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through http:// www.regulations.gov or e-mail. The http://www.regulations.gov Web site is

an ‘‘ anonymous access ’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through http:// www.regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses.

Docket: All documents in the docket are listed in the http:// www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in the hard copy. Publicly available docket materials are available either electronically in http:// www.regulations.gov or in hard copy at: U.S. EPA Region III, Library, 2nd Floor, 1650 Arch Street, Philadelphia, PA 19103–2029, (215) 814–5254, Monday through Friday, 8 a.m. to 5 p.m. The Dover Public Library, Reference

Department, 45 South State Street, Dover, DE 19901, (302) 736–7030, Monday through Thursday, 9 a.m. to 9 p.m., Friday and Saturday, 9 a.m. to 5 p.m., and Sunday, 1 p.m. to 5 p.m.

**FOR FURTHER INFORMATION CONTACT :**  Darius Ostrauskas, Remedial Project Manager (3HS23), U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, PA 19103– 2029, (215) 814–3360, e-mail: ostrauskas.darius@epa.gov.

**SUPPLEMENTARY INFORMATION :**  In the

‘‘Rules and Regulations ’’ Section of today’s Federal Register , we are publishing a direct final Notice of Deletion of the Coker’s Sanitation Service Landfills Superfund Site without prior Notice of Intent To Delete because EPA views this as a noncontroversial revision and anticipates no adverse comment. We have explained our reasons for this deletion in the preamble to the direct final Notice of Deletion, and those reasons are incorporated herein. If we receive no adverse comment(s) on this deletion action, we will not take further action on this Notice of Intent to Delete. If we receive adverse comment(s), we will withdraw the direct final Notice of Deletion and it will not take effect. We will, as appropriate, address all public comments in a subsequent final Notice of Deletion based on this Notice of Intent to Delete. We will not institute a second comment period on this Notice of Intent to Delete. Any parties interested in commenting must do so at this time.

For additional information, see the direct final Notice of Deletion, which is located in the Rules section of this Federal Register. List of Subjects in 40 CFR Part 300

Environmental protection, Air pollution control, Chemicals, Hazardous waste, Hazardous substances, Intergovernmental relations, Penalties, Reporting and recordkeeping requirements, Superfund, Water pollution control, Water supply.

Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 9601–9657; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR 2923, 3 CFR, 1987 Comp., p. 193.

Dated: April 29, 2011. James W. Newsom, Acting Regional Administrator, Region III.
[FR Doc. 2011–13844 Filed 6–2–11; 8:45 am]

**BILLING CODE 6560–50–P FEDERAL COMMUNICATIONS**  **COMMISSION**

**47 CFR Parts 73 and 76**

**[MB Docket No. 11–93; FCC 11–84]**

**Implementation of the Commercial Advertisement Loudness Mitigation**  **(CALM) Act**

**AGENCY :**  Federal Communications Commission.

**ACTION :**  Proposed rule.

**SUMMARY :**  In this document, the Commission proposes rules to implement the Commercial Advertisement Loudness Mitigation ( ‘‘ CALM ’’ ) Act. Among other things, the CALM Act directs the Commission to incorporate into its rules by reference and make mandatory a technical standard developed by an industry standard-setting body that is designed to prevent television commercial advertisements from being transmitted at louder volumes than the program material they accompany. Specifically, the CALM Act requires the Commission to incorporate by reference the ATSC A/ 85 Recommended Practice ( ‘‘ATSC A/85 RP ’’ ) and make it mandatory ‘‘ insofar as such recommended practice concerns the transmission of commercial advertisements by a television broadcast station, cable operator, or other multichannel video programming distributor. ’’ As mandated by the statute, the proposed rules will apply to TV broadcasters, cable operators and other multichannel video programming distributors ( ‘‘MVPDs ’’ ). The new law requires the Commission to adopt the required regulation on or before December 15, 2011, and it will take effect one year after adoption. The document seeks comment below on proposals regarding compliance, waivers, and other implementation issues.

**DATES :**  Comments are due on or before July 5, 2011; reply comments are due on or before July 18, 2011.

**ADDRESSES :**  You may submit comments, identified by MB Docket No. 11–93, by any of the following methods:

• Federal eRulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments.

• Federal Communications Commission’s Electronic Comment Filing System (ECFS) Web Site: http:// fjallfoss.fcc.gov/ecfs/. Follow the instructions for submitting comments.

• Mail: All filings must be addressed to the Commission’s Secretary, Office of the Secretary, Federal Communications Commission, 445 12th Street, SW., Washington, DC 20554.