Federal Register / Vol. 77, No. 16 / Wednesday, January 25, 2012 / Proposed Rules 3725 

In this case, all of the monitoring sites 

had a design value less than 0.085 ppm 

based on the 2007–2009 monitoring 

period, thus showing that the area met 

its June 15, 2010 deadline to attain the 

1997 eight-hour ozone standards. The 

data in Table 2 show that the 

monitoring design values remained 

below 0.085 through 2008–2010. 

Preliminary 2011 air quality data 

indicate the area continues to attain the 

1997 eight-hour ozone standard. 

VII. Proposed Actions 

For the reasons set forth in this action, 

EPA is proposing four separate and 

independent determinations related to 

the NY-NJ-CT one-hour and 1997 eighthour ozone nonattainment areas. These 

determinations are based upon 

complete, quality-assured and certified 

ozone monitoring data. First, with 

respect to the one-hour ozone standard, 

and pursuant to EPA’s authority to 

ensure implementation of one-hour 

ozone anti-backsliding requirements 

and CAA section 301, EPA is proposing 

to determine that data for 2005–2007 

show that the NY-NJ-CT area previously 

failed to attain the one-hour standard by 

its applicable November 15, 2007 

attainment deadline. Second, however, 

EPA is proposing to determine that the 

NY-NJ-CT area is currently attaining the 

one-hour ozone standard, based on more 

recent 2008–2010 data and preliminary 

data for 2011. These proposed 

determinations regarding the one-hour 

standard, if finalized, would bear on the 

area’s obligation with respect to onehour anti-backsliding requirements for 

section 172(c)(9) contingency measures 

for failure to attain and sections 

182(d)(3) and 185 major stationary 

source fee programs. 

Third, with respect to the 1997 eighthour ozone standard, in accordance 

with section 181(b) of the CAA, EPA 

proposes to determine that data for 

2007–2009 show the NY-NJ-CT eighthour ozone nonattainment area attained 

the 1997 eight-hour ozone standard by 

its June 15, 2010 attainment deadline. 

Fourth, EPA is also proposing to 

determine that the NY-NJ-CT eight-hour 

ozone nonattainment area currently 

continues to attain the eight-hour ozone 

NAAQS, based on data for 2008–2010 

and preliminary data for 2011. 

As provided in 40 CFR 51.918, if 

EPA’s determination that the area has 

attained the eight-hour ozone standard 

is made final, it would suspend the 

requirements under section 182(b)(1) for 

submission of the attainment 

demonstration, reasonable further 

progress plan, contingency measures 

and any other planning SIP relating to 

attainment of the 1997 eight-hour 

NAAQS. This suspension of 

requirements would be effective as long 

as the area continues to attain the 1997 

eight-hour ozone standard. 

EPA’s proposed determination that 

the area is currently attaining the 1997 

eight-hour ozone NAAQS is contingent 

upon continued monitoring and 

continued attainment of that NAAQS. If 

the determination that the area is 

currently attaining the 1997 eight-hour 

ozone NAAQS is finalized and EPA 

subsequently determines, after notice 

and comment rulemaking, that the area 

has subsequently violated the standard, 

the basis for the suspension of 

obligations with respect to 1997 eighthour ozone attainment-related planning 

requirements would no longer exist, and 

the area would thereafter have to 

address the pertinent requirements. 

It is EPA’s intent to withdraw the May 

8, 2009 proposed disapprovals of 

Connecticut’s and New Jersey’s eighthour ozone attainment demonstrations 

for the NY-NJ-CT eight-hour ozone 

nonattainment area, provided that EPA 

finalizes its determination that the area 

currently attains the 1997 eight-hour 

ozone standard. 

EPA is soliciting public comments on 

the issues discussed in this action. EPA 

will consider these comments before 

taking final action. Interested parties 

may participate in the Federal 

rulemaking procedure by submitting 

written comments to EPA as discussed 

in the ADDRESSES section of this Federal 

Register. 

VIII. Statutory and Executive Order 

Reviews 

These actions include proposals to 

make attainment determinations based 

on air quality, and would if finalized, 

result in the suspension of certain 

Federal requirements, would not impose 

additional requirements beyond those 

imposed by state law, or would not 

impose any requirements beyond those 

required by Federal statute. 

For these reasons, these proposed 

actions: 

• Are 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); 

• Do not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Are 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.); 

• Do 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); 

• Do not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Are not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

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

• Are not a significant regulatory 

action subject to Executive Order 13211 

(66 FR 28355, May 22, 2001); 

• Are 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 

• Do not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does 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, Nitrogen oxides, 

Ozone, Volatile organic compounds, 

Intergovernmental relations, Reporting 

and recordkeeping requirements. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: December 8, 2011. 

Judith A. Enck, 

Regional Administrator, Region 2. 

Dated: January 11, 2012. 

H. Curtis Spalding, 

Regional Administrator, Region 1. 

[FR Doc. 2012–1518 Filed 1–24–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 721 

[EPA–HQ–OPPT–2010–1075; FRL–9335–4] 

RIN 2070–AB27 

Proposed Significant New Use Rules 

on Certain Chemical Substances; 

Extension of Comment Period 

AGENCY: Environmental Protection 

Agency (EPA). 


sroberts on DSK5SPTVN1PROD with PROPOSALS
3726 Federal Register / Vol. 77, No. 16 / Wednesday, January 25, 2012 / Proposed Rules 

ACTION: Proposed rule; extension of 

comment period. 

SUMMARY: EPA issued a proposed rule in 

the Federal Register of December 28, 

2011, concerning proposed significant 

new use rules (SNURs) under section 

5(a)(2) of the Toxic Substances Control 

Act (TSCA) for the chemical substances 

rutile, tin zinc, calcium-doped (CAS No. 

389623–01–2) and rutile, tin zinc, 

sodium-doped (CAS No. 389623–07–8) 

which were the subject of 

premanufacture notices (PMNs P–06–36 

and P–06–37) and TSCA section 5(e) 

consent orders issued by EPA. In order 

to address public comments, EPA is 

extending the comment period. This 

document extends the comment period 

for 30 days, from January 27, 2012 to 

February 26, 2012. 

DATES: Comments, identified by docket 

identification (ID) number EPA–HQ– 

OPPT–2010–1075, must be received on 

or before February 26, 2012. 

ADDRESSES: Follow the detailed 

instructions as provided under 

ADDRESSES in the Federal Register 

document of December 28, 2011. 

FOR FURTHER INFORMATION CONTACT: For 

technical information contact: Kenneth 

Moss, Chemical Control Division 

(7405M), Office of Pollution Prevention 

and Toxics, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW., 

Washington, DC 20460–0001; telephone 

number: (202) 564–9232; email address: 

moss.kenneth@epa.gov. 

For general information contact: The 

TSCA–Hotline, ABVI–Goodwill, 422 

South Clinton Ave., Rochester, NY 

14620; telephone number: (202) 554– 

1404; email address: TSCA– 

Hotline@epa.gov. 

SUPPLEMENTARY INFORMATION: This 

document extends the public comment 

period established in the Federal 

Register of December 28, 2011 (76 FR 

81441) (FRL–9329–4). In that document, 

EPA proposed SNURs under section 

5(a)(2) of TSCA for the chemical 

substances rutile, tin zinc, calciumdoped (CAS No. 389623–01–2) and 

rutile, tin zinc, sodium-doped (CAS No. 

389623–07–8) which were the subject of 

premanufacture notices (PMNs P–06–36 

and P–06–37) and TSCA section 5(e) 

consent orders issued by EPA. EPA 

received a comment in response to the 

proposed SNURs noting that additional 

information detailing the Agency’s 

evaluation and determination under 

TSCA sections 5(e)(1)(A)(i) and 

5(e)(1)(A)(ii)(I) for the chemical 

substances was added to the docket. The 

commenter requests that additional time 

be allotted to allow review of this 

information. EPA is hereby extending 

the comment period, which was set to 

end on January 27, 2012, to February 26, 

2012 to allow for any public comments 

in response to the additional 

information. 

To submit comments, or access the 

docket, please follow the detailed 

instructions as provided under 

ADDRESSES in the December 28, 2011 

Federal Register document. If you have 

questions, consult the technical person 

listed under FOR FURTHER INFORMATION

CONTACT. 

List of Subjects in 40 CFR Part 721 

Environmental protection, Chemicals, 

Hazardous substances, Reporting and 

recordkeeping requirements. 

Dated: January 18, 2012. 

Maria J. Doa, 

Director, Chemical Control Division, Office 

of Pollution Prevention and Toxics. 

[FR Doc. 2012–1520 Filed 1–24–12; 8:45 a.m.] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Part 575 

[Docket No. NHTSA–2011–0099] 

RIN 2127–AK76 

Tire Fuel Efficiency Consumer 

Information Program 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Notice of public workshop and 

agenda. 

SUMMARY: On March 30, 2010, NHTSA 

published a final rule specifying the test 

methods to be used for a new tire fuel 

efficiency consumer information 

program (TFECIP) to measure three 

aspects of tire performance: Rolling 

resistance, wet traction, and treadwear. 

The final rule did not include any of the 

requirements for the consumer 

information and education portions of 

the TFECIP. Instead, NHTSA announced 

that, based on the comments the agency 

had received on the proposal that 

preceded its final rule, it had decided to 

conduct additional research before 

issuing a new proposal for these 

requirements. NHTSA hopes to issue 

this new proposal in 2012; however, it 

has decided that it would be helpful to 

have a public workshop to obtain 

feedback on some issues that either have 

proved difficult to explore effectively in 

the research NHTSA has conducted or 

have arisen since the publication of the 

March 2010 final rule. 

NHTSA invites interested parties to 

submit written comments and to 

participate in a public workshop using 

the instructions set forth in this notice. 

As described in the Procedural Matters 

section of this notice, each speaker 

should anticipate speaking for 

approximately ten minutes, although we 

may need to adjust the time for each 

speaker if there is a large turnout. To 

facilitate discussion, NHTSA has placed 

documents concerning research NHTSA 

has finalized since the March 2010 final 

rule in the docket. NHTSA will consider 

the public comments received in 

developing the new proposal regarding 

the remaining aspects of the TFECIP. 

DATES: Public Workshop: The public 

workshop will be held on Friday, 

February 3, 2012 from 10 a.m. to 5 p.m. 

at the San Francisco Federal Building, 

90 7th Street, San Francisco, CA 94013. 

NHTSA notes that all persons attending 

the workshop will need to clear security 

before entering the meeting room and 

should plan their arrival time 

accordingly. If you wish to attend or 

speak at the workshop, you must 

register in advance no later than Friday, 

January 27, 2012, by following the 

instructions in the Procedural Matters 

section of this notice. NHTSA will 

consider late registrants to the extent 

time and space allows, but NHTSA 

cannot ensure that late registrants will 

be able to speak at the workshop. 

Comments: NHTSA must receive 

written comments by Friday, February 

17, 2012. 

ADDRESSES: You may submit comments 

to the docket number identified in the 

heading of this document by any of the 

following methods: 

• Federal eRulemaking Portal: Go to 

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

online instructions for submitting 

comments. 

• Mail: Docket Management Facility, 

M–30, U.S. Department of 

Transportation, West Building, Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590. 

• Hand Delivery or Courier: U.S. 

Department of Transportation, West 

Building, Ground Floor, Room W12– 

140, 1200 New Jersey Avenue SE., 

Washington, DC, between 9 a.m. and 

5 p.m. Eastern time, Monday through 

Friday, except Federal holidays. 

• Fax: (202) 493–2251. 

Regardless of how you submit your 

comments, you should mention the 

docket number of this document. You 

may call the Docket at 1–(800) 647– 

5527. 

Note that all comments received, 

including any personal information, 


sroberts on DSK5SPTVN1PROD with PROPOSALS