73996 Federal Register / Vol. 75, No. 229 / Tuesday, November 30, 2010 / Proposed Rules 

Date Location Contact No. 

December 7, 2010 ......... National Mine Health and Safety Academy, 1301 Airport Road, Beaver, WV 25813 ..................... 304–256–3201 

January 11, 2011 ........... Marriott Evansville Airport, 7101 Highway, 41 North Evansville, IN 47725 ..................................... 812–867–7999 

January 13, 2011 ........... Sheraton Birmingham, 2101 Richard Arrington Jr., Blvd., North Birmingham, AL 35203 ............... 205–324–5000 

January 25, 2011 ........... Marriott Salt Lake City, 75 S West Temple, Salt Lake City, UT 84101 ........................................... 801–531–0800 

February 8, 2011 ............ The George Washington Hotel, 60 South Main Street, Washington, PA 15301 ............................. 724–225–3200 

February 10, 2011 .......... Jenny Wiley State Resort Park, Wilkinson/Stumbo Conference Center, 75 Theatre Court, 

Prestonsburg, KY 41653.

606–889–1790 

February 15, 2011 .......... Mine Safety and Health Administration, 25th Floor Conference Room, 1100 Wilson Blvd., Arlington, VA 22209.202–693–9440 

II. Correction 

MSHA published the proposed rule 

on October 19, 2010 (75 FR 64412); it is 

available on MSHA’s Web site at 

http://www.msha.gov/REGS/FEDREG/ 

PROPOSED/2010PROP/2010-25249.pdf. 

The following error in the preamble to 

the proposed rule is corrected to read as 

follows: 

1. On page 64421, third column, first 

line, ‘‘mg3’’ should read ‘‘m3’’. 

Dated: November 24, 2010. 

Joseph A. Main, 

Assistant Secretary of Labor for Mine Safety 

and Health. 

[FR Doc. 2010–30099 Filed 11–29–10; 8:45 am] 

BILLING CODE 4510–43–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R03–OAR–2010–0771; FRL–9233–5] 

Approval and Promulgation of State 

Air Quality Plans for Designated 

Facilities and Pollutants; State of 

Delaware; Control of Emissions From 

Existing Hospital/Medical/Infectious 

Waste Incinerator (HMIWI) Units, 

Negative Declaration and Withdrawal 

of EPA Plan Approval 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA proposes to approve the 

State of Delaware’s negative declaration 

and request for EPA withdrawal of its 

section 111(d)/129 plan (the plan) 

approval for HMIWI units. Submittal of 

a negative declaration or state plan 

revision is a requirement of the Clean 

Air Act (CAA). In the Final Rules 

section of this Federal Register, EPA is 

approving the State of Delaware’s 

negative declaration and request for 

EPA withdrawal of its plan approval for 

HMIWI units. A detailed rationale for 

the approval is set forth in the direct 

final rule. If no adverse comments are 

received in response to this action, no 

further activity is contemplated. If EPA 

receives 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. 

DATES: Comments must be received in 

writing by December 30, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2010–0771 by one of the 

following methods: 

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

the online instructions for submitting 

comments. 

B. E-mail: wilkie.walter@epa.gov. 

C. Mail: EPA–R03–OAR–2010–0771, 

Walter K. Wilkie, Associate Director, Air 

Protection, Division, Office of Air 

Monitoring and Analysis, Mailcode 

3AP40, U.S. Environmental Protection 

Agency, Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. 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–R03–OAR–2010– 

0771. 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. 

Docket: All documents in the 

electronic docket are listed in the http://

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically in http://

www.regulations.gov or in hard copy 

during normal business hours at the Air 

Protection Division, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. Copies of the State agency 

submittals are available at the Delaware 

Department of Natural Resources and 

Environmental Control, 89 Kings 

Highway, P.O. Box 1401, Dover, 

Delaware 19903. 

FOR FURTHER INFORMATION CONTACT: 

James B. Topsale, P.E., at (215) 814– 

2190, or by e-mail at 

topsale.jim@epa.gov. Please note that 

while questions may be posed via phone 

and e-mail, formal comments must be 

submitted in writing, as indicated in the 

ADDRESSES section of this document. 

SUPPLEMENTARY INFORMATION: For 

further information, please see the 

information provided in the direct final 

action, with the same title, that is 

located in the‘‘Rules and Regulations’’ 

section of this Federal Register 

publication. 


jdjones on DSK8KYBLC1PROD with PROPOSALS-1
Federal Register / Vol. 75, No. 229 / Tuesday, November 30, 2010 / Proposed Rules 73997 

Dated: November 17, 2010. 

W.C. Early, 

Acting Regional Administrator, EPA Region 

III. 

[FR Doc. 2010–30103 Filed 11–29–10; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 252 

Defense Federal Acquisition 

Regulation Supplement; Definition of 

Sexual Assault (DFARS Case 2010– 

D023) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Proposed rule with request for 

comments. 

SUMMARY: DoD is proposing to amend 

the Defense Federal Acquisition 

Regulation Supplement (DFARS), 

regarding Contractor Personnel 

Authorized to Accompany U.S. Armed 

Forces Deployed Outside the United 

States, to ensure contractor employees 

are aware of the DoD definition of 

‘‘sexual assault’’ as defined in DoD 

Directive 6495.01, Sexual Assault 

Prevention and Response (SAPR) 

Program. In addition to ensuring an 

awareness of the definition, the 

proposed change will inform contractors 

that, for contractor employees 

accompanying U.S. Armed Forces, such 

offenses are covered under the Uniform 

Code of Military Justice. 

DATES: Comments on this proposed rule 

should be submitted in writing to the 

address shown below on or before 

January 31, 2011, to be considered in 

the formation of the final rule. 

ADDRESSES: You may submit comments, 

identified by DFARS Case 2010–D023, 

using any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• E-mail: dfars@osd.mil. Include 

DFARS Case 2010–D023 in the subject 

line of the message. 

• Fax: 703–602–0350. 

• Mail: Defense Acquisition 

Regulations System, Attn: Mr. Julian E. 

Thrash, OUSD (AT&L) DPAP/DARS, 

Room 3B855, 3060 Defense Pentagon, 

Washington, DC 20301–3060. 

• Comments received generally will 

be posted without change to http:// 

www.regulations.gov, including any 

personal information provided. 

• To confirm receipt of your 

comment(s), please check http:// 

www.regulations.gov approximately two 

to three days after submission to verify 

posting (except allow 30 days for 

posting of comments submitted by 

mail). 

FOR FURTHER INFORMATION CONTACT: Mr. 

Julian E. Thrash, 703–602–0310. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD Inspector General audit D–2010– 

052, entitled ‘‘Efforts to Prevent Sexual 

Assault/Harassment Involving DoD 

Contractors During Contingency 

Operations,’’ dated April 16, 2010, 

provided recommendations for the 

Under Secretary of Defense for 

Acquisition, Technology, and Logistics 

to develop requirements in all DoD 

contracts supporting contingency 

operations to ensure contractor 

employees accompanying U.S. Armed 

Forces are aware of the definition of 

‘‘sexual assault,’’ as defined in DoD 

Directive 6495.01, Sexual Assault 

Prevention and Response (SAPR) 

Program (http://www.dtic.mil/whs/ 

directives/corres/pdf/649501p.pdf.) 

This proposed change will add a new 

item for compliance with laws and 

regulations at DFARS 252.225– 

7040(d)(3). This change would require 

that contractor employees 

accompanying U.S. Armed Forces are 

aware of the DoD definition of ‘‘sexual 

assault’’ as defined in DoD Directive 

6495.01, Sexual Assault Prevention and 

Response Program. It would also inform 

contractor employees accompanying 

U.S. Armed Forces, that such offenses 

are covered under the Uniform Code of 

Military Justice, Title 10, Chapter 47 

(http://www.constitution.org/mil/ 

ucmj19970615.htm). 

II. Executive Order 12866 

This is a significant regulatory action 

and therefore was subject to review 

under section 6(b) of Executive Order 

12866, Regulatory Planning and Review, 

dated September 20, 1993. This is not a 

major rule under 5 U.S.C. 804. 

III. Regulatory Flexibility Act 

DoD does not expect this rule to have 

a significant economic impact on a 

substantial number of small entities 

within the meaning of the Regulatory 

Flexibility Act, 5 U.S.C. 601, et seq., 

because the rule does not impose any 

additional requirements on small 

businesses. DFARS 252.225– 

7040(e)(2)(iv) already informs 

contractors that contractor personnel 

authorized to accompany U.S. Armed 

Forces in the field are subject to the 

jurisdiction of the Uniform Code of 

Military Justice. This proposed change 

clarifies that sexual assault is an offense 

covered under the Uniform Code of 

Military Justice. Therefore, DoD has not 

performed an Initial Regulatory 

Flexibility Analysis. 

DoD invites comments from small 

business concerns and other interested 

parties on the expected impact of this 

rule on small entities. 

DoD will also consider comments 

from small entities concerning the 

existing regulations in subparts affected 

by this rule in accordance with 5 U.S.C. 

610. Interested parties must submit such 

comments separately and should cite 5 

U.S.C. 610 (DFARS case 2010–D023) in 

correspondence. 

IV. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply, because the rule does not 

impose any information collection 

requirements that require the approval 

of the Office of Management and Budget 

under 44 U.S.C. 3501, et seq. 

List of Subjects in 48 CFR Part 252 

Government procurement. 

Clare M. Zebrowski, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, DoD proposes to amend 48 

CFR part 252 as follows: 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

1. The authority citation for 48 CFR 

part 252 continues to read as follows: 

Authority: 41 U.S.C. 421 and 48 CFR 

chapter 1. 

2. Amend section 252.225–7040 by 

adding paragraph (d)(3), to read as 

follows: 

252.225–7040 Contractor Personnel 

Authorized to Accompany U.S. Armed 

Forces Deployed Outside the United States. 

* * * * * 

(d) * * * 

(3) The Contractor shall ensure 

contractor employees accompanying 

U.S. Armed Forces are aware of the DoD 

definition of ‘‘sexual assault’’ in DoDD 

6495.01, Sexual Assault Prevention and 

Response Program, at http:// 

www.dtic.mil/whs/directives/corres/pdf/ 

649501p.pdf, and advise them that such 

offenses are covered under the Uniform 

Code of Military Justice (see paragraph 

(e)(2)(iv) of this clause). 

* * * * * 

[FR Doc. 2010–30090 Filed 11–29–10; 8:45 am] 

BILLING CODE 5001–08–P 


jdjones on DSK8KYBLC1PROD with PROPOSALS-1