12920 Federal Register / Vol. 76, No. 46 / Wednesday, March 9, 2011 / Proposed Rules 

11. Horowitz, S. and R. P. Scalici, ‘‘Results of 

Sensory Panel Tests on Slim-Mint 

Chewing Gum,’’ in OTC Vol. 170010, 

Docket No. FDA–1981–N–0012 (formerly 

1981N–0022), Division of Dockets 

Management. 

12. Rosner, L., ‘‘To Determine the Effect of 

Chewing Slim-Mint Gum Upon Taste 

Perception, Particularly Toward 

Sweetness,’’ in OTC Vol. 170010, Docket 

No. FDA–1981–N–0012 (formerly 

1981N–0022), Division of Dockets 

Management. 

13. Summary Minutes of the 11th meeting of 

the Advisory Review Panel on OTC 

Miscellaneous Internal Drug Products 

held on May 9–10, 1976 in OTC Vol. 

170010, Docket No. FDA–1981–N–0012 

(formerly 1981N–0022), Division of 

Dockets Management. 

14. Gould, W. L., ‘‘On the Use of a 

Medicament to Reduce the Appetite in 

the Treatment of Obesity and Other 

Conditions,’’ New York State Journal of 

Medicine, 47:981–983, 1947. 

15. Gould, W. L., ‘‘Obesity and Hypertension: 

The Importance of a Safe Compound to 

Control Appetite,’’ North Carolina 

Medical Journal, 11:327–334, 1950. 

16. Plotz, M., ‘‘Obesity,’’ Medical Times, 

86:860–863, 1958. 

17. McClure, C. W. and C. A. Brusch, 

‘‘Treatment of Oral Syndrome Obesity 

with Non traditional Appetite Control 

Plan,’’ Journal of the American Women’s 

Medical Association, 28:239–248, 1973. 

List of Subjects in 21 CFR Part 310 

Administrative practice and 

procedure, Drugs, Labeling, Medical 

devices, Reporting and recordkeeping 

requirements. 

Therefore, under the Federal Food, 

Drug, and Cosmetic Act and under 

authority delegated to the Commissioner 

of Food and Drugs, it is proposed that 

21 CFR part 310 be amended as follows: 

PART 310—NEW DRUGS 

1. The authority citation for 21 CFR 

part 310 continues to read as follows: 

Authority: 21 U.S.C. 321, 331, 351, 352, 

353, 355, 360b–360f, 360j, 361(a), 371, 374, 

375, 379e; 42 U.S.C. 216, 241, 242(a), 262, 

263b–263n. 

2. Section 310.545 is amended by 

adding paragraphs (a)(20)(i), (a)(20)(ii), 

and (a)(20)(iii); by revising paragraph (d) 

introductory text; and by adding 

paragraph (d)(40) to read as follows: 

§ 310.545 Drug products containing 

certain active ingredients offered over-thecounter (OTC) for certain uses. 

(a) * * * 

(20) * * * 

(i) [Reserved] 

(ii) [Reserved] 

(iii) Approved as of [DATE 30 DAYS 

AFTER DATE OF PUBLICATION OF 

THE FINAL RULE IN THE FEDERAL 

REGISTER]. 

Benzocaine 

* * * * * 

(d) Any OTC drug product that is not 

in compliance with this section is 

subject to regulatory action if initially 

introduced or initially delivered for 

introduction into interstate commerce 

after the dates specified in paragraphs 

(d)(1) through (d)(40) of this section. 

* * * * * 

(40) [DATE 30 DAYS AFTER DATE 

OF PUBLICATION OF THE FINAL 

RULE IN THE FEDERAL REGISTER], 

for products subject to paragraph 

(a)(20)(iii) of this section. 

Dated: March 2, 2011. 

Leslie Kux, 

Acting Assistant Commissioner for Policy. 

[FR Doc. 2011–5145 Filed 3–8–11; 8:45 am] 

BILLING CODE 4160–01–P 

DEPARTMENT OF THE INTERIOR 

Office of Surface Mining Reclamation 

and Enforcement 

30 CFR Part 938 

[PA–157–FOR; OSM 2010–0011] 

Pennsylvania Regulatory Program 

AGENCY: Office of Surface Mining 

Reclamation and Enforcement (OSM), 

Interior. 

ACTION: Proposed rule; public comment 

period and opportunity for public 

hearing on removal of required 

amendment. 

SUMMARY: We are announcing receipt of 

a request to remove a required 

amendment to the Pennsylvania 

regulatory program (the ‘‘Pennsylvania 

program’’) under the Surface Mining 

Control and Reclamation Act of 1977 

(SMCRA or the Act). In response to a 

required program amendment codified 

in the Federal regulations, Pennsylvania 

has submitted rationale that it believes 

supports its position that current 

program provisions are sufficient to 

render its program no less effective than 

the Federal requirements and, therefore, 

no amendment is necessary. The 

required amendment pertains to 

regulatory exemptions for coal 

extraction incidental to the extraction of 

other minerals. 

This document gives the times and 

locations that the Pennsylvania program 

and this submittal are available for your 

inspection, the comment period during 

which you may submit written 

comments, and the procedures that we 

will follow for the public hearing, if one 

is requested. 

DATES: We will accept written 

comments until 4 p.m., local time April 

8, 2011. If requested, we will hold a 

public hearing on April 4, 2011. We will 

accept requests to speak until 4 p.m., 

local time on March 24, 2011. 

ADDRESSES: You may submit comments, 

identified by ‘‘PA–157–FOR; Docket ID: 

OSM–2010–0011’’ by either of the 

following two methods: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. The proposed rule 

has been assigned Docket ID: OSM– 

2010–0011. If you would like to submit 

comments through the Federal 

eRulemaking Portal, go to http:// 

www.regulations.gov and follow the 

instructions. 

Mail/Hand Delivery/Courier: Mr. 

George Rieger, Chief, Pittsburgh Field 

Division, Office of Surface Mining 

Reclamation and Enforcement, 

Harrisburg Transportation Center, 415 

Market St., Suite 304, Harrisburg, PA 

17101. 

Instructions: For detailed instructions 

on submitting comments and additional 

information on the rulemaking process, 

see the ‘‘Public Comment Procedures’’ 

heading of the SUPPLEMENTARY

INFORMATION section of this document. 

Docket: In addition to obtaining 

copies of documents at http:// 

www.regulations.gov, information may 

also be obtained at the addresses listed 

below during normal business hours, 

Monday through Friday, excluding 

holidays. You may receive one free copy 

of the amendment by contacting OSM’s 

Pittsburgh Field Division Office. 

George Rieger, Chief, Pittsburgh Field 

Division, Office of Surface Mining 

Reclamation and Enforcement, 

Harrisburg Transportation Center, 415 

Market St., Suite 304, Harrisburg, 

Pennsylvania 17101, Telephone: (717) 

782–4036, E-mail: grieger@osmre.gov. 

Thomas Callaghan, P.G., Director, 

Bureau of Mining and Reclamation, 

Pennsylvania Department of 

Environmental Protection, Rachel 

Carson State Office Building, P.O. Box 

8461, Harrisburg, Pennsylvania 

17105–8461, Telephone: (717) 787– 

5103, E-mail: tcallaghan@state.pa.us. 

FOR FURTHER INFORMATION CONTACT: 

George Rieger, Telephone: (717) 782– 

4036. E-mail: grieger@osmre.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background on the Pennsylvania Program 

II. Description of the Request 

III. Public Comment Procedures 

IV. Procedural Determinations 

I. Background on the Pennsylvania 

Program 

Section 503(a) of the Act permits a 

State to assume primacy for the 


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regulation of surface coal mining and 

reclamation operations on non-Federal 

and non-Indian lands within its borders 

by demonstrating that its program 

includes, among other things, ‘‘a State 

law which provides for the regulation of 

surface coal mining and reclamation 

operations in accordance with the 

requirements of this Act * * *; and 

rules and regulations consistent with 

regulations issued by the Secretary 

pursuant to this Act.’’ See 30 U.S.C. 

1253(a)(1) and (7). On the basis of these 

criteria, the Secretary of the Interior 

conditionally approved the 

Pennsylvania program on July 30, 1982. 

You can find background information 

on the Pennsylvania program, including 

the Secretary’s findings, the disposition 

of comments, and conditions of 

approval of the Pennsylvania program 

in the July 30, 1982, Federal Register 

(47 FR 33050). You can also find later 

actions concerning the Pennsylvania 

program and program amendments at 30 

CFR 938.11, 938.12, 938.13, 938.15, and 

938.16. 

II. Description of the Request 

By letter dated August 6, 2010 

(Administrative Record Number PA 

892.12), Pennsylvania sent us a 

response to a program amendment that 

was required by OSMRE in a final rule 

notice published in the Federal Register 

on November 7, 1997, (62 FR 60177) 

and codified in the Federal Regulations 

at 30 CFR 938.16(uuu). This required 

amendment provided that Pennsylvania 

submit an amendment to provide 

counterparts to the Federal regulations 

at 30 CFR 702.15(d), (e), (f), and 

702.17(c)(2), and (c)(3). The Federal 

regulations pertain to (1) conditions of 

exemption and right of inspection and 

entry; and (2) revocation and 

enforcement. Pennsylvania submits that 

its regulatory program already contains 

counterparts to the Federal regulations 

and, therefore, is no less effective than 

the Federal regulations pertaining to 

incidental coal extraction. Pennsylvania 

requests that we remove the condition 

found at 30 CFR 938.16(uuu) on this 

basis. 

Pennsylvania is submitting the 

request that includes three parts: (1) 

Environmental Hearing Board Act (35 

P.S. Sections 7511–7516); (2) 25 Pa 

Code Chapter 1021; and (3) 25 Pa Code 

77.352. In summary, the Federal 

regulations and PADEP rationale are 

provided as follows: 

Federal Regulations: 30 CFR 702.15, 

Conditions of Exemption and Right of 

Inspection and Entry, provides with 

regard to exemptions for coal extraction 

incidental to the extraction of other 

minerals, authorized representatives of 

the regulatory authority and Secretary 

the right to conduct inspections of 

operations claiming exemption. The 

representatives have the right of entry to 

any mining and reclamation operations 

without advance notice or search 

warrants, access to and copies of any 

relevant records, and to gather physical 

and photographic evidence. A search 

warrant may be required for entry into 

a building. 

PADEP Response: OSM’s review of 25 

Pennsylvania Code (Pa Code) Section 

86.5 in the 1997 rulemaking did not 

include a discussion of the need for 25 

Pa Code Section 86.5 to be revised to 

add counterparts to the Federal 

regulations at 30 CFR 702.15(d), (e), and 

(f). Thus, it is not clear why OSM 

considered 25 Pa Code Section 86.5 to 

be less effective than the Federal 

regulations with respect to the right to 

conduct inspections and right of entry 

for operations extracting coal incidental 

to surface mining. 

Pennsylvania submits that its 

regulatory program, upon approval of 

the program amendment incorporating 

25 Pa Code Section 77.352, will contain 

counterparts to 30 CFR 702.15(d), (e), 

and (f), and, therefore, is no less 

effective than the Federal regulations 

pertaining to incidental coal extraction. 

Section 86.5(a) requires that a person 

who intends to extract coal incidental to 

the extraction of other minerals ‘‘shall 

do so under the provisions of a noncoal 

surface mining permit issued under 

Chapter 77 (relating to noncoal mining) 

and subject to the conditions described 

in this section.’’ A person who seeks to 

engage in incidental coal extraction is 

required to obtain a noncoal surface 

mining permit pursuant to 

Pennsylvania’s Noncoal Surface Mining 

Conservation and Reclamation Act, 52 

P.S. Section 3301 et seq. (NSMCRA) and 

the regulations in 25 Pa Code Chapter 

77 which implement NSMCRA. Thus, 

all persons conducting incidental coal 

extraction under Chapter 86.5 must 

comply with, and are subject to, the 

provision of NSMCRA and 25 Pa Code 

Chapter 77. Section 3314 of NSMCRA 

provides: ‘‘The department shall have 

the right to enter and inspect all surface 

mining operations for the purpose of 

determining conditions of health or 

safety and for compliance with the 

provisions of this act and all rules and 

regulations promulgated pursuant 

thereto.’’ 52 P.S. Section 3314. 

According to Pennsylvania, this 

statutory provision and the 

implementing regulations in Chapter 

77.352, clearly constitute a counterpart 

to 30 CFR 702.15(d) that is at least no 

less effective than the Federal 

regulation. 

Sections 702.15(e) and (f) elaborate on 

the right of authorized representatives of 

the regulatory authority to conduct 

inspections of sites conducting 

incidental coal extraction. 

Pennsylvania’s noncoal mining 

regulations in 25 Pa Code Chapter 77, 

(which persons claiming exemption 

under 25 Pa Code Section 86.5 are 

subject to pursuant to 25 Pa Code 

Section 86.5(a)), provide counterparts to 

the Federal regulations at 30 CFR 

702.15(d), (e), and (f). Section 

77.352(a)(1) states that the Department 

and its agents and employees ‘‘will have 

access to, and require the production of, 

books and papers, documents, and 

physical evidence pertinent to a matter 

under investigation.’’ Further 

77.352(a)(2) states that Department 

representatives have the right to ‘‘enter 

a building, property, premises, or place 

where noncoal mining activities are 

conducted for the purpose of making an 

investigation or inspection as may be 

necessary to ascertain the compliance or 

noncompliance by a person with the 

environmental acts and the act and 

regulations thereunder.’’ These 

provisions in 25 Pa Code Chapter 77 

provide counterparts to 30 CFR 

702.15(d), (e), and (f), and, according to 

Pennsylvania, provide broader authority 

to Pennsylvania’s authorized 

representatives given that they may 

enter a building at a surface mine site 

for the purposes of inspection or 

investigation without being required to 

obtain a search warrant. These 

requirements extend to OSM in their 

role as oversight agent for the primacy 

coal mining program. Pennsylvania 

therefore submits that its regulatory 

program, upon approval of the program 

amendment incorporating 25 Pa Code 

77.352, will contain counterparts to 30 

CFR 702.15(d), (e), and (f) which are no 

less effective than the Federal 

regulations. 

Federal Regulations: 30 CFR 702.17, 

Revocation and Enforcement, provides 

that the regulatory authority may revoke 

the exemption, if the operator has not 

established that the activities conducted 

in the mining area qualify for an 

exemption. An administrative review of 

a decision whether to revoke an 

exemption may be requested by any 

adversely affected person within 30 

days of notification. Lastly, the petition 

for administrative review will not 

suspend the effect of the decision of 

whether to revoke an exemption. 

PADEP’s Response: OSM’s required 

amendment at 30 CFR 938.16(uuu) with 

respect to Pennsylvania counterparts for 

30 CFR 702.17(c)(2) and (c)(3) also was 

not discussed in the 1997 rulemaking. 

More importantly, this part of the 


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required amendment actually conflicts 

with OSM’s own findings in the 1997 

rulemaking. 

In the 1997 rulemaking, OSM 

determined that 25 Pa Code Section 

86.5(o) is identical in meaning to 30 

CFR 702.17(c)(2); and that 25 Pa Code 

Section 86.5(n) is identical in meaning 

to 30 CFR 702.17(c)(3). See Federal 

Register (62 FR 60169–70 and Table A). 

OSM then concluded: ‘‘Because the 

above proposed revisions (listed in 

Table A) are identical in meaning to the 

corresponding Federal regulations, the 

Director finds that Pennsylvania’s 

proposed rules are no less effective than 

the Federal rules.’’ Thus, the portion of 

30 CFR 938.16(uuu) pertaining to 

counterparts to 30 CFR 702.17(c)(2) and 

(c)(3) appears to be an error and should 

be rescinded by OSM on that basis 

alone. 

In any event, Pennsylvania submits 

that its regulatory program already 

contains counterparts to 30 CFR 

702.17(c)(2) and (c)(3). As previously 

recognized by OSM in the 1997 

Rulemaking, Pennsylvania has 

regulations which provide for 

administrative review of Department 

determinations concerning exemption 

for incidental coal extraction. See 

Federal Register (62 FR 60170). A 

Department determination to revoke an 

exemption for incidental coal extraction 

under Chapter 86.5 would constitute a 

final action of the Department, which 

would be appealable to the 

Environmental Hearing Board. See 35 

P.S. 7511–7516 (Environmental Hearing 

Board Act); 35 P.S. 7514 (‘‘no action of 

the department adversely affecting a 

person shall be final as to that person 

until the person has had the opportunity 

to appeal the action to the board’’); 25 

Pa. Code Chapter 1021 (Environmental 

Hearing Board procedural rules); 25 Pa. 

Code Chapter 1021.2 (defining ‘‘action’’ 

of the department), Chapter 1021.51 

(commencement of an appeal). These 

statutory and regulatory sections 

regarding the right of appeal to the 

Pennsylvania Environmental Hearing 

Board provide counterparts to 30 CFR 

702.17(c)(2). 

Pennsylvania also has counterparts to 

30 CFR 702.17(c)(3). The Environmental 

Hearing Board Act states: ‘‘No appeal 

shall act as an automatic supersedeas.’’ 

35 P.S. 7514(d). See also 25 Pa. Code 

Chapter 1021.61. In the 1997 

Rulemaking, OSM stated as follows with 

respect to Chapter 86.5(I)(3): In its letter 

dated March 28, 1997, Pennsylvania 

stated that appeals to the Environmental 

Hearing Board (EHB) under the 

provisions of Chapter 21 [now Chapter 

1021] do not stay the effect of the 

Department of Environmental 

Protection’s (Department) actions. If an 

appellant wishes to stay the effect of 

such an action, the appellant must 

petition the EHB which, in turn, must 

issue a supersedeas. The Director finds 

the proposed Pennsylvania regulation 

no less effective than the Federal 

regulations, since Pennsylvania law 

provides, generally, that an appeal does 

not, by itself, suspend the effect of the 

decision appealed from. See Federal 

Register (62 FR 60170). Pennsylvania 

contends that this same rationale 

applies to the required counterpart to 30 

CFR 702.17(c)(3). Pennsylvania law 

provides, generally, that an appeal does 

not, by itself, suspend the effect of the 

decision appealed from. Therefore, 

Pennsylvania submits that its regulatory 

program, upon approval of the program 

amendment incorporating, will contain 

counterparts to 30 CFR 702.17(c)(2) and 

(c)(3), which are no less effective than 

the Federal regulations. 

III. Public Comment Procedures 

Under the provisions of 30 CFR 

732.17(h), we are seeking your 

comments on whether the submission 

satisfies the applicable program 

approval criteria of 30 CFR 732.15. If we 

approve the amendment, it will become 

part of the Pennsylvania program. 

Electronic or Written Comments 

If you submit written comments, they 

should be specific, confined to issues 

pertinent to the proposed regulations, 

and explain the reason for any 

recommended change(s). We appreciate 

any and all comments, but those most 

useful and likely to influence decisions 

on the final regulations will be those 

that either involve personal experience 

or include citations to and analyses of 

SMCRA, its legislative history, its 

implementing regulations, case law, 

other pertinent Tribal or Federal laws or 

regulations, technical literature, or other 

relevant publications. We cannot ensure 

that comments received after the close 

of the comment period (see DATES) or 

sent to an address other than those 

listed above (see ADDRESSES) will be 

included in the docket for this 

rulemaking and considered. 

Public Availability of Comments 

Before including your address, phone 

number, e-mail address, or other 

personal identifying information in your 

comment, you should be aware that 

your entire comment—including your 

personal identifying information—may 

be made publicly available at any time. 

While you may ask us in your comment 

to withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. We will not consider anonymous 

comments. 

Public Hearing 

If you wish to speak at the public 

hearing, contact the person listed under 

FOR FURTHER INFORMATION CONTACT by 4 

p.m., local time March 24, 2011. If you 

are disabled and need reasonable 

accommodations to attend a public 

hearing, contact the person listed under 

FOR FURTHER INFORMATION CONTACT. We 

will arrange the location and time of the 

hearing with those persons requesting 

the hearing. If no one requests an 

opportunity to speak, we will not hold 

the hearing. To assist the transcriber and 

ensure an accurate record, we request, if 

possible, that each person who speaks at 

a public hearing provide us with a 

written copy of his or her comments. 

The public hearing will continue on the 

specified date until everyone scheduled 

to speak has been given an opportunity 

to be heard. If you are in the audience 

and have not been scheduled to speak 

and wish to do so, you will be allowed 

to speak after those who have been 

scheduled. We will end the hearing after 

everyone scheduled to speak and others 

present in the audience who wish to 

speak, have been heard. 

Public Meeting 

If there is only limited interest in 

participating in a public hearing, we 

may hold a public meeting rather than 

a public hearing. If you wish to meet 

with us to discuss the submission, 

please request a meeting by contacting 

the person listed under FOR FURTHER

INFORMATION CONTACT. All such meetings 

are open to the public and, if possible, 

we will post notices of meetings at the 

locations listed under ADDRESSES. We 

will make a written summary of each 

meeting a part of the administrative 

record. 

IV. Procedural Determinations 

Executive Order 12866—Regulatory 

Planning and Review 

This rule is exempted from review by 

the Office of Management and Budget 

(OMB) under Executive Order 12866. 

Other Laws and Executive Orders 

Affecting Rulemaking 

When a State submits a program 

amendment to OSM for review, our 

regulations at 30 CFR 732.17(h) require 

us to publish a notice in the Federal 

Register indicating receipt of the 

proposed amendment, its text or a 

summary of its terms, and an 

opportunity for public comment. We 

conclude our review of the proposed 

amendment after the close of the public 

comment period and determine whether 


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the amendment should be approved, 

approved in part, or not approved. At 

that time, we will also make the 

determinations and certifications 

required by the various laws and 

executive orders governing the 

rulemaking process and include them in 

the final rule. 

List of Subjects in 30 CFR Part 938 

Intergovernmental relations, Surface 

mining, Underground mining. 

Dated: November 24, 2010. 

Thomas D. Shope, 

Regional Director, Appalachian Region. 

[FR Doc. 2011–5404 Filed 3–8–11; 8:45 am] 

BILLING CODE 4310–05–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 63 

[EPA–HQ–OAR–2008–0708, FRL–9277–4] 

RIN 2060–AQ78 

National Emission Standards for 

Hazardous Air Pollutants for 

Reciprocating Internal Combustion 

Engines 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule; amendments. 

SUMMARY: EPA is taking action to 

propose amendments to a final rule that 

provided national emission standards 

for hazardous air pollutants for existing 

stationary spark ignition reciprocating 

internal combustion engines. The final 

rule was published on August 20, 2010. 

This action proposes to amend certain 

regulatory text to clarify compliance 

requirements related to continuous 

parameter monitoring systems. EPA is 

also proposing to correct minor 

typographical errors in the regulatory 

text to the August 20, 2010, action. 

DATES: Comments. Comments must be 

received on or before April 8, 2011, or 

30 days after date of public meeting if 

one is requested. 

Public Meeting. If anyone contacts us 

requesting to speak at a public meeting 

by March 16, 2011, a public meeting 

will be held on March 24, 2011. If you 

are interested in attending the public 

meeting, contact Ms. Pamela Garrett at 

(919) 541–7966 to verify that a meeting 

will be held. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2008–0708, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: a-and-r-docket@epa.gov. 

• Fax: (202) 566–1741. 

• Mail: Air and Radiation Docket and 

Information Center, Environmental 

Protection Agency, Mailcode: 6102T, 

1200 Pennsylvania Ave., NW., 

Washington, DC 20460. Please include a 

total of two copies. EPA requests a 

separate copy also be sent to the contact 

person identified below (see FOR

FURTHER INFORMATION CONTACT). 

• Hand Delivery: Air and Radiation 

Docket and Information Center, U.S. 

EPA, Room B102, 1301 Constitution 

Avenue, NW., Washington, DC. 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–OAR–2008– 

0708. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available on-line 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. 

Public Meeting: If a public meeting is 

held, it will be held at EPA’s campus 

located at 109 T.W. Alexander Drive in 

Research Triangle Park, NC or an 

alternate site nearby. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. EPA also 

relies on documents in Docket ID Nos. 

EPA–HQ–OAR–2002–0059, EPA–HQ– 

OAR–2005–0029, and EPA–HQ–OAR– 

2005–0030, and incorporated those 

dockets into the record for this action. 

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 hard copy. Publicly 

available docket materials are available 

either electronically in http:// 

www.regulations.gov or in hard copy at 

the Air and Radiation Docket, EPA/DC, 

EPA West, Room B102, 1301 

Constitution Ave., NW., Washington, 

DC. The 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 

Public Reading Room is (202) 566–1744, 

and the telephone number for the Air 

Docket is (202) 566–1742. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Melanie King, Energy Strategies Group, 

Sector Policies and Programs Division 

(D243–01), Environmental Protection 

Agency, Research Triangle Park, North 

Carolina 27711; telephone number (919) 

541–2469; facsimile number (919) 541– 

5450; e-mail address 

king.melanie@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Organization of This Document. The 

following outline is provided to aid in 

locating information in the preamble. 

I. General Information 

A. What entities are potentially affected by 

this action? 

B. What should I consider as I prepare my 

comments for EPA? 

II. Direct Final Rule 

III. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

B. Paperwork Reduction Act 

C. Regulatory Flexibility Act 

D. Unfunded Mandates Reform Act of 1995 

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 

and Safety Risks 

H. Executive Order 13211: Actions 

Concerning Regulations 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 


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