Federal Register / Vol. 75, No. 220 / Tuesday, November 16, 2010 / Proposed Rules 69909 

Risks. This rule is not an economically 

significant rule and would not create an 

environmental risk to health or risk to 

safety that might disproportionately 

affect children. 

Indian Tribal Governments 

This proposed rule does not have 

tribal implications under Executive 

Order 13175, Consultation and 

Coordination with Indian Tribal 

Governments, because it would not have 

a substantial direct effect on one or 

more Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes. 

Energy Effects 

We have analyzed this proposed rule 

under Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This proposed rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

Environment 

We have analyzed this proposed rule 

under Department of Homeland 

Security Management Directive 023–01, 

and Commandant Instruction 

M16475.lD which guides the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have made a preliminary determination 

that this action is one of a category of 

actions which do not individually or 

cumulatively have a significant effect on 

the human environment because it 

simply promulgates the operating 

regulations or procedures for 

drawbridges. We seek any comments or 

information that may lead to the 

discovery of a significant environmental 

impact from this proposed rule. 

List of Subjects in 33 CFR Part 117 

Bridges. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 117 as follows: 

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

1. The authority citation for part 117 

continues to read as follows: 

Authority: 33 U.S.C. 499; 33 CFR 1.05–1; 

Department of Homeland Security Delegation 

No. 0170.1. 

2. From June 19, 2010, to December 

20, 2013, in § 117.997, suspend 

paragraph (c) and temporarily add a 

new paragraph (j) to read as follows: 

§ 117.997 Atlantic Intracoastal Waterway, 

South Branch of the Elizabeth River to the 

Albemarle and Chesapeake Canal. 

* * * * * 

(j) The draw of the Gilmerton (US13/ 

460) Bridge, mile 5.8, in Chesapeake: 

(1) Shall open on signal at any time 

for commercial vessels carrying 

liquefied flammable gas or other 

hazardous materials. 

(2) From 6:30 a.m. to 9:30 a.m. and 

from 3:30 p.m. to 6:30 p.m., Monday 

through Friday, except Federal holidays: 

(i) Need not open for the passage of 

recreational or commercial vessels that 

do not qualify under paragraph (j)(2)(ii) 

of this section. 

(ii) Need not open for commercial 

cargo vessels, including tugs, and tugs 

with tows, unless 2 hours’ advance 

notice has been given to the Gilmerton 

Bridge at (757) 545–1512. 

(3) From 9:30 a.m. to 3:30 p.m. 

Monday through Friday and from 6:30 

a.m. to 6:30 p.m. Saturdays, Sundays 

and Federal holidays, the draw need 

only be opened every hour on the half 

hour, except the draw shall open on 

signal for commercial vessels that 

qualify under paragraphs (j)(1) and 

(j)(2)(ii) of this section. 

(4) Shall open on signal at all other 

times. 

Dated: November 2, 2010. 

Patrick B. Trapp, 

Captain, U.S. Coast Guard, Acting 

Commander, Fifth Coast Guard District. 

[FR Doc. 2010–28738 Filed 11–15–10; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2005–TX–0012; FRL–9226– 

3] 

Approval and Promulgation of 

Implementation Plans; Texas; 

Emissions Banking and Trading of 

Allowances Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

portions of four revisions to the Texas 

State Implementation Plan (SIP) that 

create and amend the Emissions 

Banking and Trading of Allowances 

(EBTA) Program. The EBTA Program 

establishes a cap and trade program to 

reduce emissions of oxides of nitrogen 

(NOX) and sulfur dioxide (SO2) from 

participating electric generating 

facilities. The Texas Commission on 

Environmental Quality (TCEQ) 

originally submitted the EBTA program 

to EPA as a SIP revision on January 3, 

2000. Since that time, the TCEQ has 

submitted SIP revisions for the EBTA 

Program on September 11, 2000; July 15, 

2002; and October 24, 2006. EPA has 

determined that these changes to the 

Texas SIP comply with the Federal 

Clean Air Act (the Act or CAA) and EPA 

regulations, are consistent with EPA 

policies, and will improve air quality. 

This action is being taken under section 

110 and parts C and D of the Act. 

DATES: Comments must be received on 

or before December 16, 2010. 

ADDRESSES: Comments may be mailed to 

Mr. Jeff Robinson, Chief, Air Permits 

Section (6PD–R), Environmental 

Protection Agency, 1445 Ross Avenue, 

Suite 1200, Dallas, Texas 75202–2733. 

Comments may also be submitted 

electronically or through hand delivery/ 

courier by following the detailed 

instructions in the ADDRESSES section of 

the direct final rule located in the rules 

section of this Federal Register. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions concerning today’s 

proposal, please contact Ms. Adina 

Wiley (6PD–R), Air Permits Section, 

Environmental Protection Agency, 

Region 6, 1445 Ross Avenue (6PD–R), 


hsrobinson on DSK69SOYB1PROD with PROPOSALS
69910 Federal Register / Vol. 75, No. 220 / Tuesday, November 16, 2010 / Proposed Rules 

Suite 1200, Dallas, TX 75202–2733. The 

telephone number is (214) 665–2115. 

Ms. Wiley can also be reached via 

electronic mail at wiley.adina@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

final rules section of this Federal 

Register, EPA is approving the State’s 

SIP submittal as a direct final rule 

without prior proposal because the 

Agency views this as a noncontroversial 

submittal and anticipates no relevant 

adverse comments. A detailed rationale 

for the approval is set forth in the direct 

final rule. If no relevant adverse 

comments are received in response to 

this action, no further activity is 

contemplated. If EPA receives relevant 

adverse comments, the direct final rule 

will be withdrawn and all public 

comments received will be addressed in 

a subsequent final rule based on this 

proposed rule. EPA will not institute a 

second comment period. Any parties 

interested in commenting on this action 

should do so at this time. Please note 

that if EPA receives adverse comment 

on an amendment, paragraph, or section 

of the rule, and if that provision may be 

severed from the remainder of the rule, 

EPA may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. 

For additional information, see the 

direct final rule which is located in the 

rules section of this Federal Register. 

Dated: November 5, 2010. 

Lawrence E. Starfield, 

Acting Regional Administrator, Region 6. 

[FR Doc. 2010–28660 Filed 11–15–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2010–0906; FRL–9227–1] 

Revisions to the California State 

Implementation Plan, California Air 

Resources Board—Consumer 

Products 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

revisions to the California Air Resources 

Board portion of the California State 

Implementation Plan (SIP). These 

revisions concern volatile organic 

compound (VOC) emissions from 

consumer products. We are approving a 

local rule that regulates these emission 

sources under the Clean Air Act as 

amended in 1990 (CAA or the Act). We 

are taking comments on this proposal 

and plan to follow with a final action. 

DATES: Any comments must arrive by 

December 16, 2010. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2010–0906, by one of the 

following methods: Federal 

eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions. 

1. E-mail: steckel.andrew@epa.gov. 

2. Mail or deliver: Andrew Steckel 

(Air-4), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105–3901. 

Instructions: All comments 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 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through 

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

http://www.regulations.gov is an 

‘‘anonymous access’’ system, and EPA 

will not know your identity or contact 

information unless you provide it in the 

body of your comment. If you send 

e-mail directly to EPA, your e-mail 

address will be automatically captured 

and included as part of the public 

comment. 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. 

Docket: The index to the docket for 

this action is available electronically at 

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

copy at EPA Region IX, 75 Hawthorne 

Street, San Francisco, California. While 

all documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available in 

either location (e.g., CBI). To inspect the 

hard copy materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Stanley Tong, EPA Region IX, (415) 

947–4122, tong.stanley@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. The State’s Submittal 

A. What rule did the State submit? 

B. Are there other versions of this rule? 

C. What is the purpose of the submitted 

rule revision? 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating the rule? 

B. Does the rule meet the evaluation 

criteria? 

C. Public Comment and Final Action 

III. Statutory and Executive Order Reviews 

I. The State’s Submittal 

A. What rule did the State submit? 

Table 1 lists the rule addressed by this 

proposal with the date that it was 

adopted by the State and submitted by 

the California Air Resources Board 

(CARB). 

TABLE 1—SUBMITTED RULE

Regulation Regulation title Amended Submitted 

California Code of Regulations, Title 17, Division 3, Chapter 1, Subchapter 8.5—Consumer Products.Article 2—Consumer Products. ....... 05/05/09 02/16/10 

On May 25, 2010, EPA determined 

that the submittal for the California 

Code of Regulations, Title 17, Division 

3, Chapter 1, Subchapter 8.5, Article 2— 

Consumer Products, met the 

completeness criteria in 40 CFR Part 51, 

Appendix V, which must be met before 

formal EPA review. 

B. Are there other versions of this rule? 

We approved an earlier version of 

Article 2 of CARB’s Consumer Products 

regulation into the SIP on November 4, 


hsrobinson on DSK69SOYB1PROD with PROPOSALS