70670 Federal Register / Vol. 75, No. 222 / Thursday, November 18, 2010 / Proposed Rules 

67249, November 9, 2000), do not apply 

to this proposed rule. 

G. Executive Order 13045 

This action is not subject to Executive 

Order 13045, entitled Protection of 

Children from Environmental Health 

Risks and Safety Risks (62 FR 19885, 

April 23, 1997), because this is not an 

economically significant regulatory 

action as defined by Executive Order 

12866, and this action does not address 

environmental health or safety risks 

disproportionately affecting children. 

H. Executive Order 13211 

This proposed rule is not subject to 

Executive Order 13211, entitled Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use (66 FR 28355, May 

22, 2001), because this action is not 

expected to affect energy supply, 

distribution, or use and because this 

action is not a significant regulatory 

action under Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act 

In addition, since this action does not 

involve any technical standards, section 

12(d) of the National Technology 

Transfer and Advancement Act of 1995 

(NTTAA), Public Law 104–113, section 

12(d) (15 U.S.C. 272 note), does not 

apply to this action. 

J. Executive Order 12898 

This action does not entail special 

considerations of environmental justice 

related issues as delineated by 

Executive Order 12898, entitled Federal 

Actions to Address Environmental 

Justice in Minority Populations and 

Low-Income Populations (59 FR 7629, 

February 16, 1994). 

List of Subjects in 40 CFR Part 721 

Environmental protection, Chemicals, 

Hazardous substances, Reporting and 

recordkeeping requirements. 

Dated: November 10, 2010. 

Wendy C. Hamnett, 

Director, Office of Pollution Prevention and 

Toxics. 

Therefore, it is proposed that 40 CFR 

part 721 be amended as follows: 

1. The authority citation for part 721 

continues to read as follows: 

Authority: 15 U.S.C. 2604, 2607, and 

2625(c). 

2. Add § 721.10201 to subpart E to 

read as follows: 

§ 721.10201 Cobalt lithium manganese 

nickel oxide. 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified as 

cobalt lithium manganese nickel oxide 

(PMN P–04–269; CAS No. 182442–95–1) 

is subject to reporting under this section 

for the significant new uses described in 

paragraph (a)(2) of this section. The 

requirements of this section do not 

apply to quantities of the PMN 

substance after it has been completely 

reacted (cured). 

(2) The significant new uses are: 

(i) Protection in the workplace. 

Requirements as specified in § 721.63 

(a)(1), (a)(2)(i), (a)(3), (a)(4), (a)(5), (a)(6), 

(b) (concentration set at 0.1 percent), 

and (c). Respirators must provide a 

National Institute for Occupational 

Safety and Health (NIOSH) assigned 

protection factor (APF) of at least 150. 

The following NIOSH-approved 

respirators meet the requirements of 

§ 721.63(a)(4): Supplied-air respirator 

operated in pressure demand or other 

positive pressure mode and equipped 

with a tight-fitting full facepiece. As an 

alternative to the respirator 

requirements listed here, a 

manufacturer, importer, or processor 

may choose to follow the New Chemical 

Exposure Limit (NCEL) provisions listed 

in the Toxic Substances Control Act 

(TSCA) section 5(e) consent order for 

this substance. The NCEL is 0.1 mg/m3

as an 8–hour time-weighted average. 

Persons who wish to pursue NCELs as 

an alternative to the § 721.63 respirator 

may request to do so under § 721.30. 

Persons whose § 721.30 requests to use 

the NCELs approach are approved by 

EPA will receive NCELs provisions 

comparable to those listed in the 

corresponding section 5(e) consent 

order. 

(ii) Hazard communication program. 

Requirements as specified in § 721.72 

(a), (b), (c), (d), (e) (concentration set at 

0.1 percent), (f), (g)(1)(i), (g)(1)(ii), 

(g)(1)(vii), (g)(1)(ix), (g)(2), (g)(3), 

(g)(4)(iii), and (g)(5). 

(iii) Release to water. Requirements as 

specified in § 721.90(a)(1), (b)(1), and 

(c)(1). 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph. 

(1) Recordkeeping. Recordkeeping 

requirements as specified in § 721.125 

(a), (b), (c), (d), (e), (f), (g), (h), and (k) 

are applicable to manufacturers, 

importers, and processors of this 

substance. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

[FR Doc. 2010–29148 Filed 11–17–10; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Part 571 

[Docket No. NHTSA–2009–0108] 

Final Vehicle Safety Rulemaking and 

Research Priority Plan 2010–2013 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Notice of availability of updated 

plan. 

SUMMARY: This document announces the 

availability of the Final Vehicle Safety 

Rulemaking and Research Priority Plan 

2010–2013 (Priority Plan) in Docket No. 

NHTSA–2009–0108. This Priority Plan 

is an update to the Final Vehicle Safety 

Rulemaking and Research Priority Plan 

2009–2011 (October 2009 Plan) that was 

announced in the November 9, 2009, 

version of the Federal Register (74 FR 

57623). 

FOR FURTHER INFORMATION CONTACT: Dr. 

Joseph Carra, Director of Strategic 

Planning and Integration, National 

Highway Traffic Safety Administration, 

Room W45–336, 1200 New Jersey 

Avenue, SE., Washington, DC 20590. 

Telephone: 202–366–0361. E-mail: 

joseph.carra@dot.gov. 

SUPPLEMENTARY INFORMATION: On 

November 9, 2009, NHTSA published a 

Final Notice in the Federal Register (74 

FR 57623) announcing the availability 

of the October 2009 Plan. Today’s 

document announces the availability of 

the Final Vehicle Safety Rulemaking 

and Research Priority Plan 2010–2013. 

This plan is an internal management 

tool as well as a means to communicate 

to the public NHTSA’s highest priorities 

to meet the Nation’s motor vehicle 

safety challenges. Among them are 

programs and projects involving 

rollover crashes, children (both inside 

as well as just near vehicles), 

motorcoaches and fuel economy that 

must meet Congressional mandates or 

Secretarial commitments. Since these 

are expected to consume a significant 

portion of the agency’s rulemaking 

resources, they affect the schedules of 

the agency’s other priorities listed in 

this plan. This plan lists the programs 

and projects the agency anticipates 

working on even though there may not 

be a rulemaking planned to be issued by 

2013, and in several cases, the agency 

doesn’t anticipate that the research will 

be done by the end of 2013. Thus, in 

some cases the next step would be an 

agency decision in 2013 or 2014. 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
Federal Register / Vol. 75, No. 222 / Thursday, November 18, 2010 / Proposed Rules 70671 

NHTSA is also currently in the process 

of developing a longer-term motor 

vehicle safety strategic plan that would 

encompass the period 2014 to 2020. 

That strategic plan will be announced in 

a separate Federal Register notice. 

For purposes of apprising the public 

on the status of progress relative to the 

efforts delineated in the October 2009 

Plan, NHTSA has included in the 

current Priority Plan a section (Section 

V) that compares the October 2009 Plan 

to the current Priority Plan. 

In summary of that section, there were 

56 projects in the October 2009 Plan and 

there are 56 projects in the current 

Priority Plan. Combining the two plans, 

there were 66 separate actions. Of the 56 

projects in the October 2009 Plan, 25 

were priority projects and 31 were other 

significant projects. Of the 56 projects in 

the current Priority Plan, there are 23 

priority projects and 33 other significant 

projects. 

Of the 25 priority projects in the 

October 2009 Plan, the schedule for one 

was moved forward, two were 

completed with final rules, one had a 

final rule issued but more work is 

continuing, seven project deadlines 

were met (typically issuing an NPRM), 

progress has been made on an 

additional 10 projects and they are still 

on schedule, and four projects are 

behind the original schedule. There are 

three new priority projects added for the 

current Priority Plan. 

Of the 31 ‘‘other significant projects’’ 

in the October 2009 Plan, one was 

moved forward, one was completed 

with a final rule, an agency decision 

was made on three projects, progress 

has been made on 11 projects and they 

are still on schedule, 12 are behind 

schedule, and three were dropped from 

the plan because the agency determined 

that they no longer reached a priority 

level of being an ‘‘other significant 

project’’. Seven new ‘‘other significant 

projects’’ were added for the current 

Priority Plan. 

Interested persons may obtain a copy 

of the plan, ‘‘Final Vehicle Safety 

Rulemaking and Research Priority Plan 

2010–2013,’’ by downloading a copy of 

the document. To download a copy of 

the document, go to http:// 

www.regulations.gov and follow the 

online instructions, or visit Docket 

Management Facility at U.S. Department 

of Transportation, 1200 New Jersey 

Avenue, SE., West Building Ground 

Floor, Room W12–140, Washington, DC 

20590–0001 and reference Docket No. 

NHTSA–2009–0108. 

Authority: 49 U.S.C. 30111, 30117, 30168; 

delegation of authority at 49 CFR 1.50 and 

501.8. 

Issued on: November 9, 2010. 

Ronald L. Medford, 

Deputy Administrator. 

[FR Doc. 2010–28717 Filed 11–17–10; 8:45 am] 

BILLING CODE 4910–59–P 


jlentini on DSKJ8SOYB1PROD with PROPOSALS