Federal Register / Vol. 75, No. 207 / Wednesday, October 27, 2010 / Proposed Rules 66055 

available at the number they provided 

during pre-registration at least one-half 

hour before their scheduled time. 

Some time at the hearing will be 

reserved for those who do not register in 

advance. These persons may register onsite at the registration desk, which will 

open one hour before the hearing is 

scheduled to begin and will operate 

throughout the day. Time to make their 

presentations will be assigned when 

open slots are available. 

Comments will be limited to five 

minutes per person or organization, but 

commenters who wish to may 

supplement their testimony with 

written statements that will be made 

part of the official hearing record. If the 

Department determines that there is not 

enough time to hear from all those 

wishing to present comments, the 

Department will select among those 

wishing to testify to ensure 

representation of a range of viewpoints 

and interests. A laptop computer and 

projection screen will be available for 

commenters wishing to use a 

PowerPoint presentation in conjunction 

with their testimony. 

The hearing sites will be accessible to 

individuals with disabilities. Sign 

language interpreters, real-time 

captioning, and assistive listening 

devices will be provided. Individuals 

who require other accommodations, 

auxiliary aids, or foreign language 

translation should contact Linda Garrett 

at (202) 353–0423 (TTY) or by e-mail at 

Linda.Garrett@usdoj.gov no later than 

one week before the date of the hearing 

they wish to attend. Additional 

information, including information 

about accessible public transportation 

and parking, will be available on the 

ADA Home Page at http://www.ada.gov. 

The ANPRMs are available 

electronically in accessible formats at 

http://www.regulations.gov and http:// 

www.ada.gov. This hearing notice is 

available electronically in accessible 

formats at http://www.ada.gov. Copies 

of this notice also are available in 

formats accessible to individuals who 

are blind or have low vision and may be 

obtained by calling the ADA 

Information Line. 

Those persons who are not able to 

participate in the public hearing are 

encouraged to submit written comments 

electronically to http:// 

www.regulations.gov or by mail as 

follows: Disability Rights Section, Civil 

Rights Division, U.S. Department of 

Justice, P.O. Box 2885, Fairfax, VA 

22031–0885. Overnight deliveries 

should be sent to the Disability Rights 

Section, Civil Rights Division, U.S. 

Department of Justice, located at 1425 

New York Avenue, NW., Suite 4039, 

Washington, DC 20005. All comments 

will be made available for public 

viewing online at http:// 

www.regulations.gov and must be 

received by January 24, 2011. 

Dated: October 19, 2010. 

Thomas E. Perez, 

Assistant Attorney General for Civil Rights. 

[FR Doc. 2010–27092 Filed 10–26–10; 8:45 am] 

BILLING CODE 4410–13–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 51, 52, 72, 78, and 97 

[EPA–HQ–OAR–2009–0491; FRL–9217–7] 

Notice of Data Availability Supporting 

Federal Implementation Plans To 

Reduce Interstate Transport of Fine 

Particulate Matter and Ozone: 

Revisions to Emission Inventories 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of data availability 

(NODA). 

SUMMARY: EPA is providing notice that 

it is supplementing the record for the 

Proposed Transport Rule (75 FR 45210). 

EPA has placed in the docket for the 

Proposed Transport Rule (Docket ID No. 

EPA–HQ–OAR–2009–0491) additional 

information relevant to the rulemaking, 

including updated emissions inventory 

data for 2005, 2012 and 2014 for several 

stationary and mobile source inventory 

components. The data revisions reflect 

new approaches to calculating 

emissions inventories for specific source 

categories and related new information 

and models that have become available 

since the emissions data were 

developed and modeled for the 

proposed rule. EPA is requesting 

comment on the new data provided in 

the docket and the proposed revisions 

identified in this document. These data 

and revisions could impact the final 

rule, although such impacts have not yet 

been quantified by EPA. 

DATES: Comments on the NODA must be 

received on or before November 26, 

2010. Please refer to SUPPLEMENTARY

INFORMATION for additional information 

on submitting comments. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2009–0491, by one of the 

following methods: 

• http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

• Fax: (202) 566–9744. Attention 

Docket ID No. EPA–HQ–OAR–2009– 

0941. 

• Mail: EPA Docket Center, EPA West 

(Air Docket), Attention Docket ID No. 

EPA–HQ–OAR–2009–0491, U.S. 

Environmental Protection Agency, 

Mailcode: 2822T, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460. 

Please include a total of 2 copies. 

• Hand Delivery: U.S. Environmental 

Protection Agency, EPA West (Air 

Docket), 1301 Constitution Avenue, 

NW., Room 3334, Washington, DC 

20004, Attention Docket ID No. EPA– 

HQ–OAR–2009–0491. 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–2009– 

0491. 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. For additional information 

about EPA’s public docket, visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

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, 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
66056 Federal Register / Vol. 75, No. 207 / Wednesday, October 27, 2010 / Proposed Rules 

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 and 

Information Center, EPA/DC, EPA East 

Building, Room 3334, 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: For 

questions regarding the revised futureyear emissions data, contact Rich 

Mason, Air Quality Assessment 

Division, Environmental Protection 

Agency, C339–02, 109 T.W. Alexander 

Drive, Research Triangle Park, NC 

27709; telephone number: (919) 541– 

3405; fax number: (919) 541–0684; 

e-mail address: mason.rich@epa.gov. 

For all other questions on these data, 

contact Alison Eyth, Air Quality 

Assessment Division, Environmental 

Protection Agency, C339–02, 109 T.W. 

Alexander Drive, Research Triangle 

Park, NC 27709; telephone number: 

(919) 541–2478; fax number: (919) 

541–0684; e-mail address: 

eyth.alison@epa.gov. 

SUPPLEMENTARY INFORMATION: Detailed 

background information describing the 

proposed rulemaking may be found in a 

previously published document: Federal 

Implementation Plans to Reduce 

Interstate Transport of Fine Particulate 

Matter and Ozone (Proposed Transport 

Rule); Proposed Rule (75 FR 45210, 

August 2, 2010). The information placed 

in the docket is also available for public 

review on the Web site for the Transport 

Rule at http://www.epa.gov/ 

airtransport/. If additional relevant 

supporting information becomes 

available in the future, EPA will place 

this information in the docket and make 

it available for public review on this 

Web site. EPA is requesting comment 

only on the data and revisions explicitly 

identified in this document. EPA 

requested comment on all aspects of its 

emissions inventories in the proposed 

Transport Rule. The comment period for 

that proposal closed on October 1, 2010. 

EPA has not yet reviewed all comments 

received on the proposed Transport 

Rule and notes that emission inventory 

data may be further revised based on 

comments received on the proposed 

Transport Rule or on additional 

information that becomes available 

before the rule is finalized. 

I. Additional Information on 

Submitting Comments 

A. How can I help EPA ensure that my 

comments are reviewed quickly? 

To expedite review of your comments 

by Agency staff, you are encouraged to 

send a separate copy of your comments, 

in addition to the copy you submit to 

the official docket, to: Alison Eyth, Air 

Quality Assessment Division, USEPA, 

C339–02, 109 T.W. Alexander Drive, 

Research Triangle Park, NC 27709; 

e-mail address: eyth.alison@epa.gov. 

B. What should I consider as I prepare 

my comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through EDOCKET, 

http://www.regulations.gov, or e-mail. 

Clearly mark the part or all of the 

information that you claim to be CBI. 

For CBI information in a disk or CD– 

ROM that you mail to the EPA docket 

office specified in the Instructions, mark 

the outside of the disk or CD–ROM as 

CBI and then identify electronically 

within the disk or CD–ROM the specific 

information that is claimed as CBI. In 

addition to one complete version of the 

comment that includes information 

claimed as CBI, a copy of the comment 

that does not contain the information 

claimed as CBI must be submitted for 

inclusion in the public docket. 

Information so marked will not be 

disclosed except in accordance with 

procedures set forth in 40 CFR part 2. 

2. Tips for preparing your comments. 

When submitting comments, 

remember to: 

i. Identify the NODA by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

ii. Follow directions. The Agency may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

iii. Explain your comments, why you 

agree or disagree; suggest alternatives 

and substitute language for your 

requested changes. 

iv. Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

v. If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

vi. Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

vii. Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

viii. Make sure to submit your 

comments by the comment period 

deadline identified. 

II. Web Site for Rulemaking 

Information 

EPA has previously established a Web 

site for the proposed rulemaking at 

http://www.epa.gov/airtransport. The 

Web site includes the proposed 

rulemaking actions and other related 

information that the public may find 

useful in addition to a link to this 

NODA. 

III. New Information Placed in the 

Docket 

EPA requests comment on the 

information described below that has 

been added to the proposed Transport 

Rule docket: EPA–HQ–OAR–2009– 

0491. 

• Revised 2012 and 2014 projected 

non-electric generating units (EGU) 

emissions for the cement industry, 

including new units and facilities and 

closures; and for 2014, only expected 

facility changes as provided by the 

Industrial Sector Integrated Solutions 

model as described by the National 

Emission Standards for Hazardous Air 

Pollutants From the Portland Cement 

Manufacturing Industry, and Standards 

of Performance for Portland Cement 

Plants, September 9, 2010 (75 FR 

54969). 

• Revised 2012 and 2014 projected 

emissions from the non-EGU point and 

nonpoint emissions sectors to reflect 

emissions reductions resulting from the 

National Emission Standards for 

Hazardous Air Pollutants for 

Reciprocating Internal Combustion 

Engines, August 20, 2010 (75 FR 51570). 

• Revised 2012 and 2014 non-EGU 

point and nonpoint projected emissions 

to reflect controls required by the New 

York State Implementation Plan. 

• Revised 2012 and 2014 nonpoint 

emissions to reflect improved 

information on the oil and gas 

production sector in Texas and 

Oklahoma. 

• Revised spatial surrogate used to 

allocate county-level oil and gas 

emissions into grid cells for 2005, 2012, 

and 2014. 

• Revised temporal allocation for the 

nonpoint fugitive dust emissions sector. 

• Revised allocation of volatile 

organic compounds to the species used 

by the air quality modeling for 

headspace vapor associated with the 

nonroad mobile emissions sector. 

• Expanded summary spreadsheet for 

point sources to add total particulate 

matter less than 2.5 microns (PM2.5) 

emissions split into a filterable and 

condensable portion of PM2.5 for each 


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Federal Register / Vol. 75, No. 207 / Wednesday, October 27, 2010 / Proposed Rules 66057 

facility. This spreadsheet does not 

include the other changes listed above 

that affect point sources. Documentation 

is provided in the spreadsheet on the 

location of the data used for computing 

the condensable PM2.5 emissions in the 

2005 point inventory. 

Additionally, EPA seeks comment on 

whether or not to revise projected nonEGU emissions inventories for 2014 to 

reflect sulfur dioxide (SO2) and PM2.5

reductions from the proposed National 

Emissions Standards for Hazardous Air 

Pollutants for Major Sources: Industrial, 

Commercial, and Institutional Boilers 

and Process Heaters (75 FR 32006), 

hereafter referred to as the ‘‘Major 

Source Boiler Rule.’’ The information 

included in the docket reflects 

reductions that would be expected if the 

rule were finalized as proposed. If the 

projected reductions associated with the 

final Major Source Boiler Rule were to 

differ from the projected reductions 

associated with the proposal, EPA 

would use the projections for the final 

rule if they become available in time for 

use in EPA’s modeling for the final 

Transport Rule. 

In addition, EPA requests comment 

on the following modified approaches to 

calculating emissions inventories that 

we intend to use in the modeling for the 

final Transport Rule. 

• EPA proposes to use the latest 

public release of the Motor Vehicle 

Emissions Simulator (MOVES) (http:// 

www.epa.gov/otaq/models/moves/ 

index.htm) to estimate on-road mobile 

emissions data in 2005, 2012, and 2014 

for all modeled pollutants and 

emissions processes in all States, except 

California. Future-year vehicle miles 

traveled will be revised from proposal to 

reflect the latest available data. This 

approach differs from the proposal in 

the following significant ways: (1) EPA 

will use a newer version of MOVES 

which has different emissions values 

from the version of MOVES used for the 

proposal; (2) EPA will use MOVES 

instead of the Mobile Source Emission 

Factor Model version 6.2 (MOBILE6) for 

diesel vehicles and motorcycles; (3) EPA 

will use MOVES instead of MOBILE6 

for additional pollutants, including SO2,

ammonia (NH3), and PM2.5 from brake 

and tire wear; (4) the revised MOVES 

reflects NH3 decreases in future years 

that were not reflected by MOBILE6; 

and, (5) EPA will use actual MOVES 

runs for 2012 and 2014 rather than 

scaling 2005 MOVES emissions. With 

the exception of these changes, EPA 

intends to continue to apply MOVES 

using the same approaches described in 

the Emission Inventory Technical 

Support Document released with the 

Transport Rule proposal (http:// 

www.epa.gov/airquality/transport/pdfs/ 

TR_Proposal_Emissions_TSD.pdf; 

Section 3.3.1). The revised approach 

will be similar to the approach 

described in the Technical Support 

Document for the proposed rule in the 

following key ways: (1) EPA will 

allocate State-total MOVES results to 

counties by pollutant and process using 

results from MOBILE6 and the National 

Mobile Inventory Model; and (2) EPA 

will use MOVES defaults rather than 

State-specific or county-specific MOVES 

inputs. 

• EPA proposes to use the final 

projections from 2002 to 2005, 2012, 

and 2014 emissions for the category 3 

commercial marine sector to reflect the 

final category 3 commercial marine 

Emissions Control Area proposal to the 

International Maritime Organization 

(EPA–420–F–10–041, August 2010). 

• EPA proposes to reduce the 

boundaries used to allocate category 3 

commercial marine emissions to States 

from 200 nautical miles to reflect State 

waters (3–10 nautical miles) based on 

Mineral Management Service Statefederal boundary data consistent with 

approaches used for the 2005 and 2008 

National Emissions Inventories. 

• EPA proposes to include the data 

revisions identified above in the final 

Transport Rule, modified to address any 

comments that EPA receives as part of 

the transport rulemaking effort. Changes 

in the emissions data could impact the 

final rulemaking in a number of ways 

including, but not limited to: 

1. Changing base year emissions and 

emissions projections could impact 

which downwind areas have projected 

air quality concerns absent this 

rulemaking (i.e., non-attainment or 

maintenance). 

2. Changing emissions projections 

could impact EPA assessment of which 

States contribute to those problems. 

Between now and the time that EPA 

finalizes the Transport Rule, additional 

information used to support the final 

transport rulemaking may be placed in 

the docket. As noted above, EPA is 

requesting comment only on the data 

and revisions explicitly identified in 

this document. EPA requested comment 

on all aspects of its emissions 

inventories in the proposed Transport 

Rule. The comment period for that 

proposal closed on October 1, 2010. 

EPA has not yet reviewed all comments 

received on the proposed Transport 

Rule and notes that emission inventory 

data may be further revised based on 

comments received on the proposed 

Transport Rule or on additional 

information that becomes available 

before the rule is finalized. 

Dated: October 20, 2010. 

Mary Henigin, 

Acting Director, Office of Air Quality Planning 

and Standards. 

[FR Doc. 2010–27171 Filed 10–26–10; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

49 CFR Part 1244 

[Docket No. EP 646 (Sub-No. 3)] 

Waybill Data Released in ThreeBenchmark Rail Rate Proceedings 

AGENCY: Surface Transportation Board, 

DOT. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Board is republishing its 

April 2, 2010 proposal to amend its 

rules with respect to the ThreeBenchmark methodology used to 

adjudicate simplified rate case 

complaints, to include an expanded 

discussion of its rationale and 

regulatory objectives. This proposal 

provides for release to the parties to a 

Three-Benchmark proceeding of the 

unmasked Waybill Sample data of the 

defendant carrier for the 4 years that 

correspond with the most recently 

published Revenue Shortfall Allocation 

Method (RSAM) figures. The parties 

would then use the released Waybill 

Sample data to form their traffic 

comparison groups. The Board seeks 

comments concerning the amount of 

data that would be available under the 

proposed rule, and the proposal that the 

parties would be permitted to draw from 

all 4 years of waybill data to form their 

comparison groups. 

DATES: Comments on this proposal are 

due by November 26, 2010; replies are 

due by December 27, 2010. 

ADDRESSES: Comments may be 

submitted either via the Board’s e-filing 

format or in the traditional paper 

format. Any person using e-filing should 

attach a document and otherwise 

comply with the instructions at the 

E-FILING link on the Board’s Web site, 

at http://www.stb.dot.gov. Any person 

submitting a filing in the traditional 

paper format should send an original 

and 10 copies to: Surface Transportation 

Board, Attn: Docket No. EP 646 (SubNo. 3), 395 E Street, SW., Washington, 

DC 20423–0001. 

Copies of written comments will be 

available for viewing and self-copying at 

the Board’s Public Docket Room, Room 

131, and will be posted to the Board’s 

Web site. 


jlentini on DSKJ8SOYB1PROD with PROPOSALS