9370 Federal Register / Vol. 75, No. 40 / Tuesday, March 2, 2010 / Proposed Rules 

take a rollover or other distribution of assets 

from the plan, or recommends how those 

assets should subsequently be invested, 

[enter name of Fiduciary Adviser] or affiliates 

of [enter name of Fiduciary Adviser] will 

receive additional fees or compensation. 

These amounts are: [enter description of all 

other fees or compensation to be received in 

connection with any rollover or other 

distribution of plan assets or the investment 

of distributed assets]. This information 

should be reviewed carefully before you 

make a decision to take a distribution. 

Consider Impact of Compensation on Advice 

The fees and other compensation that 

[enter name of Fiduciary Adviser] and its 

affiliates receive on account of assets in 

[enter name of Fiduciary Adviser] (enter if 

applicable, and non-[enter name of Fiduciary 

Adviser]) investment funds are a significant 

source of revenue for the [enter name of 

Fiduciary Adviser] and its affiliates. You 

should carefully consider the impact of any 

such fees and compensation in your 

evaluation of the investment advice that 

[enter name of Fiduciary Adviser] provides to 

you. In this regard, you may arrange for the 

provision of advice by another adviser that 

may have no material affiliation with or 

receive no compensation in connection with 

the investment funds or products offered 

under the plan. This type of advice is/is not 

available through your plan. 

Investment Returns 

While understanding investment-related 

fees and expenses is important in making 

informed investment decisions, it is also 

important to consider additional information 

about your investment options, such as 

performance, investment strategies and risks. 

Specific information related to the past 

performance and historical rates of return of 

the investment options available under the 

plan (has/has not) been provided to you by 

[enter source, such as: your plan 

administrator, investment fund provider]. (if 

applicable enter, If not provided to you, the 

information is attached to this document.) 

For options with returns that vary over 

time, past performance does not guarantee 

how your investment in the option will 

perform in the future; your investment in 

these options could lose money. 

Parties Participating in Development of 

Advice Program or Selection of Investment 

Options 

Name, and describe role of, affiliates or 

other parties with whom the fiduciary 

adviser has a material affiliation or 

contractual relationship that participated in 

the development of the investment advice 

program (if this is an arrangement that uses 

computer models) or the selection of 

investment options available under the plan. 

Use of Personal Information 

Include a brief explanation of the 

following— 

What personal information will be collected; 

How the information will be used; 

Parties with whom information will be 

shared; 

How the information will be protected; and 

When and how notice of the Fiduciary 

Adviser’s privacy statement will be 

available to participants and beneficiaries. 

Should you have any questions about 

[enter name of Fiduciary Adviser] or the 

information contained in this document, you 

may contact [enter name of contact person for 

fiduciary adviser, telephone number, 

address]. 

3. Add § 2550.408g–2 to read as 

follows: 

§ 2550.408g–2 Investment advice— 

fiduciary election. 

(a) General. Section 408(g)(11)(A) of 

the Employee Retirement Income 

Security Act, as amended (ERISA), 

provides that a person who develops a 

computer model or who markets a 

computer model or investment advice 

program used in an ‘‘eligible investment 

advice arrangement’’ shall be treated as 

a fiduciary of a plan by reason of the 

provision of investment advice referred 

to in ERISA section 3(21)(A)(ii) to the 

plan participant or beneficiary, and 

shall be treated as a ‘‘fiduciary adviser’’ 

for purposes of ERISA sections 

408(b)(14) and 408(g), except that the 

Secretary of Labor may prescribe rules 

under which only one fiduciary adviser 

may elect to be treated as a fiduciary 

with respect to the plan. Section 

4975(f)(8)(J)(i) of the Internal Revenue 

Code, as amended (the Code), contains 

a parallel provision to ERISA section 

408(g)(11)(A) that applies for purposes 

of Code sections 4975(d)(17) and 

4975(f)(8). This section sets forth 

requirements that must be satisfied in 

order for one such fiduciary adviser to 

elect to be treated as a fiduciary with 

respect to a plan under an eligible 

investment advice arrangement. 

(b)(1) If an election meets the 

requirements in paragraph (b)(2) of this 

section, then the person identified in 

the election shall be the sole fiduciary 

adviser treated as a fiduciary by reason 

of developing or marketing the 

computer model, or marketing the 

investment advice program, used in an 

eligible investment advice arrangement. 

(2) An election satisfies the 

requirements of this subparagraph with 

respect to an eligible investment advice 

arrangement if the election is in writing 

and such writing — 

(i) Identifies the investment advice 

arrangement, and the person offering the 

arrangement, with respect to which the 

election is to be effective; 

(ii) Identifies a person who— 

(A) Is described in any of 29 CFR 

2550.408g–1(c)(2)(i)(A) through (E), 

(B) Develops the computer model, or 

markets the computer model or 

investment advice program, utilized in 

satisfaction of 29 CFR 2550.408g–1(b)(4) 

with respect to the arrangement, and 

(C) Acknowledges that it elects to be 

treated as the only fiduciary, and 

fiduciary adviser, by reason of 

developing such computer model, or 

marketing such computer model or 

investment advice program; 

(iii) Is signed by the person identified 

in paragraph (b)(2)(ii) of this section; 

(iv) Is furnished to the fiduciary who 

authorized the arrangement, in 

accordance with 29 CFR 2550.408g– 

1(b)(5); and 

(v) Is maintained in accordance with 

29 CFR 2550.408g–1(d). 

Signed at Washington, DC, this 24th day of 

February 2010. 

Phyllis C. Borzi, 

Assistant Secretary, Employee Benefits 

Security Administration, Department of 

Labor. 

[FR Doc. 2010–4196 Filed 2–26–10; 11:15 am] 

BILLING CODE 4510–29–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–1132] 

RIN 1625–AA00 

Safety Zone; AVI May Fireworks 

Display, Colorado River, Laughlin, NV 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes a 

safety zone, on the navigable waters of 

the lower Colorado River, Laughlin, NV, 

in support of a fireworks display near 

the AVI Resort and Casino. This safety 

zone is necessary to provide for the 

safety of the participants, crew, 

spectators, participating vessels, and 

other vessels and users of the waterway. 

Persons and vessels are prohibited from 

entering into, transiting through, or 

anchoring within this safety zone unless 

authorized by the Captain of the Port, or 

his designated representative. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before April 1, 2010. Requests for 

public meetings must be received by the 

Coast Guard on or before March 23, 

2010. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2009–1132 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: Docket Management Facility 

(M–30), U.S. Department of 

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Transportation, West Building, Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590– 

0001. 

(4) Hand delivery: Same as mail 

address above, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call or e-mail Petty Officer Corey 

McDonald, Waterways Management, 

U.S. Coast Guard Sector San Diego; 

telephone 619–278–7262, e-mail 

Corey.R.McDonald@uscg.mil. If you 

have questions on viewing or submitting 

material to the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted 

without change to http:// 

www.regulations.gov and will include 

any personal information you have 

provided. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2009–1132), 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. You 

may submit your comments and 

material online (via http:// 

www.regulations.gov) or by fax, mail, or 

hand delivery, but please use only one 

of these means. If you submit a 

comment online via http:// 

www.regulations.gov, it will be 

considered received by the Coast Guard 

when you successfully transmit the 

comment. If you fax, hand deliver, or 

mail your comment, it will be 

considered as having been received by 

the Coast Guard when it is received at 

the Docket Management Facility. We 

recommend that you include your name 

and a mailing address, an e-mail 

address, or a telephone number in the 

body of your document so that we can 

contact you if we have questions 

regarding your submission. 

To submit your comment online, go to 

http://www.regulations.gov, click on the 

‘‘submit a comment’’ box, which will 

then become highlighted in blue. In the 

‘‘Document Type’’ drop down menu 

select ‘‘Proposed Rule’’ and insert 

‘‘USCG–2009–1132’’ in the ‘‘Keyword’’ 

box. Click ‘‘Search’’ then click on the 

balloon shape in the ‘‘Actions’’ column. 

If you submit your comments by mail or 

hand delivery, submit them in an 

unbound format, no larger than 81⁄2 by 

11 inches, suitable for copying and 

electronic filing. If you submit 

comments by mail and would like to 

know that they reached the Facility, 

please enclose a stamped, self-addressed 

postcard or envelope. We will consider 

all comments and material received 

during the comment period and may 

change the rule based on your 

comments. 

Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov, click on the 

‘‘read comments’’ box, which will then 

become highlighted in blue. In the 

‘‘Keyword’’ box insert ‘‘USCG–2009– 

1132’’ and click ‘‘Search.’’ Click the 

‘‘Open Docket Folder’’ in the ‘‘Actions’’ 

column. You may also visit the Docket 

Management Facility in Room W12–140 

on the ground floor of the Department 

of Transportation, West Building, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. We have an agreement with 

the Department of Transportation to use 

the Docket Management Facility. 

Privacy Act 

Anyone can search the electronic 

form of comments received into any of 

our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review a Privacy 

Act notice regarding our public dockets 

in the January 17, 2008, issue of the 

Federal Register (73 FR 3316). 

Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for one using one of the four methods 

specified under ADDRESSES. Please 

explain why you believe a public 

meeting would be beneficial. If we 

determine that one would aid this 

rulemaking, we will hold one at a time 

and place announced by a later notice 

in the Federal Register. 

Background and Purpose 

The Coast Guard is proposing to 

establish a temporary safety zone on the 

navigable waters of the Lower Colorado 

River in support of a fireworks show 

near Laughlin, NV. The fireworks show 

is being sponsored by AVI Resort and 

Casino. We propose the safety zone be 

set at an 800 foot radius around the 

firing site. This temporary safety zone is 

necessary to provide for the safety of the 

show’s crew, spectators, participants of 

the event, participating vessels, and 

other vessels and users of the waterway. 

Discussion of Proposed Rule 

The Coast Guard proposes a safety 

zone that would be enforced from 8 p.m. 

to 9:45 p.m. on May 30, 2010. The limits 

of the safety zone would include all 

navigable waters within 800 feet of the 

firing location adjacent to the AVI 

Resort and Casino centered in the 

channel between Laughlin Bridge and 

the northwest point of AVI Resort and 

Casino Cove in position: 35°00′93′′ N, 

114°38′28′′ W. 

This proposed safety zone is 

necessary to provide for the safety of the 

crews, spectators, and participants of 

the event and to protect other vessels 

and users of the waterway. Persons and 

vessels would be prohibited from 

entering into, transiting through, or 

anchoring within this safety zone unless 

authorized by the Captain of the Port, or 

his designated representative. 

U.S. Coast Guard personnel would 

enforce this safety zone. Other Federal, 

State, or local agencies may assist the 

Coast Guard, including the Coast Guard 

Auxiliary. Vessels or persons violating 

this rule would be subject to both 

criminal and civil penalties. 

Regulatory Analyses 

We developed this proposed rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

Regulatory Planning and Review 

This proposed rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, and does not 

require an assessment of potential costs 

and benefits under section 6(a)(3) of that 

Order. The Office of Management and 

Budget has not reviewed it under that 

Order. Although the safety zone will 

restrict boating traffic within the 

navigable waters of the Lower Colorado 

River, Laughlin, NV, the effect of this 

regulation will not be significant as the 

safety zone will encompass only a 

portion of the waterway and will be 

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9372 Federal Register / Vol. 75, No. 40 / Tuesday, March 2, 2010 / Proposed Rules 

very short in duration. The entities most 

likely to be affected are pleasure craft 

engaged in recreational activities and 

sightseeing. As such, the Coast Guard 

expects the economic impact of this rule 

to be minimal. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this proposed rule would have 

a significant economic impact on a 

substantial number of small entities. 

The term ‘‘small entities’’ comprises 

small businesses, not-for-profit 

organizations that are independently 

owned and operated and are not 

dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000. 

The Coast Guard certifies under 5 

U.S.C. 605(b) that this proposed rule 

would not have a significant economic 

impact on a substantial number of small 

entities. 

This proposed rule would affect the 

following entities, some of which might 

be small entities: the owners or 

operators of vessels intending to transit 

or anchor in the region of the lower 

Colorado River adjacent to AVI Resort 

and Casino from 8 p.m. to 9:45 p.m. on 

May 30, 2010. 

This safety zone will not have a 

significant economic impact on a 

substantial number of small entities for 

the following reasons. The safety zone 

only encompasses a portion of the 

waterway; it is short in duration at a 

relatively late hour when commercial 

traffic is low; and the Captain of the Port 

may authorize entry into the zone, if 

necessary. Before the effective period, 

the Coast Guard will publish a local 

notice to mariners (LNM) and will issue 

broadcast notice to mariners (BNM) 

alerts via marine channel 16 VFH before 

the safety zone is enforced. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this rule would have a 

significant economic impact on it, 

please submit a comment (see 

ADDRESSES) explaining why you think it 

qualifies and how and to what degree 

this rule would economically affect it. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this proposed rule so that 

they can better evaluate its effects on 

them and participate in the rulemaking. 

If the rule would affect your small 

business, organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact Petty Officer 

Corey McDonald, Waterways 

Management, U.S. Coast Guard Sector 

San Diego, at (619) 278–7262 . The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this proposed rule or any policy 

or action of the Coast Guard. 

Collection of Information 

This proposed rule would call for no 

new collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520.). 

Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this proposed rule under that Order and 

have determined that it does not have 

implications for federalism. 

Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 or more in any one year. 

Though this proposed rule would not 

result in such an expenditure, we do 

discuss the effects of this rule elsewhere 

in this preamble. 

Taking of Private Property 

This proposed rule would not effect a 

taking of private property or otherwise 

have taking implications under 

Executive Order 12630, Governmental 

Actions and Interference with 

Constitutionally Protected Property 

Rights. 

Civil Justice Reform 

This proposed rule meets applicable 

standards in sections 3(a) and 3(b)(2) of 

Executive Order 12988, Civil Justice 

Reform, to minimize litigation, 

eliminate ambiguity, and reduce 

burden. 

Protection of Children 

We have analyzed this proposed rule 

under Executive Order 13045, 

Protection of Children from 

Environmental Health Risks and Safety 

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 guide 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 

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Federal Register / Vol. 75, No. 40 / Tuesday, March 2, 2010 / Proposed Rules 9373 

that this action is one of a category of 

actions which do not individually or 

cumulatively have a significant effect on 

the human environment. A preliminary 

environmental analysis checklist 

supporting this determination is 

available in the docket where indicated 

under ADDRESSES. This proposed rule 

involves establishing a safety zone and 

is categorically excluded under figure 

2–1, paragraph (34)(g), of the 

Instruction. 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 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Pub. L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1. 

2. Add § 165.T11–284 to read as 

follows: 

§ 165.T11–284 Safety Zone, AVI May 

Fireworks Display, Colorado River, 

Laughlin, NV. 

(a) Location. The limits of the safety 

zone are as follows: All navigable waters 

within 800 feet of the firing location 

adjacent to the AVI Resort and Casino 

centered in the channel between 

Laughlin Bridge and the northwest 

point of AVI Resort and Casino Cove in 

position: 35°00′93′′N, 114°38′28′′W. 

(b) Enforcement Period. This section 

will be enforced from 8 p.m. to 9:45 

p.m. on May 30, 2010. If the event 

concludes prior to the scheduled 

termination time, the Captain of the Port 

will cease enforcement of this safety 

zone and will announce that fact via 

Broadcast Notice to Mariners. 

(c) Definitions. The following 

definition applies to this section: 

designated representative means any 

commissioned, warrant, and petty 

officers of the Coast Guard on board 

Coast Guard, Coast Guard Auxiliary, 

and local, state, and federal law 

enforcement vessels who have been 

authorized to act on the behalf of the 

Captain of the Port. 

(d) Regulations. 

(1) In accordance with the general 

regulations in § 165.23 of this part, entry 

into, transit through or anchoring within 

this safety zone is prohibited unless 

authorized by the Captain of the Port 

San Diego or his designated 

representative. 

(2) Mariners requesting permission to 

transit through the safety zone may 

request authorization to do so from the 

Patrol Commander (PATCOM). The 

PATCOM may be contacted on VHF–FM 

Channel 16. 

(3) All persons and vessels must 

comply with the instructions of the 

Coast Guard Captain of the Port or the 

designated representative. 

(4) Upon being hailed by U.S. Coast 

Guard patrol personnel by siren, radio, 

flashing light, or other means,the 

operator of a vessel must proceed as 

directed. 

(5) The Coast Guard may be assisted 

by other Federal, State, or local 

agencies. 

Dated: February 3, 2010. 

T.H. Farris, 

Captain, U.S. Coast Guard, Captain of the 

Port San Diego. 

[FR Doc. 2010–4204 Filed 3–1–10; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R02–OAR–2010–0131, FRL–9120–9] 

Approval and Promulgation of 

Implementation Plans; New York State 

Implementation Plan Revision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

proposed revision to the New York State 

Implementation Plan (SIP) for ozone 

concerning the control of volatile 

organic compounds. The proposed SIP 

revision consists of amendments to Title 

6 of the New York Codes, Rules and 

Regulations Part 235, ‘‘Consumer 

Products’’ and Part 239, ‘‘Portable Fuel 

Container Spillage Control.’’ The 

intended effect of this action is to 

approve control strategies, required by 

the Clean Air Act, which will result in 

emission reductions that will help 

achieve attainment of the national 

ambient air quality standards for ozone. 

DATES: Comments must be received on 

or before April 1, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket Number EPA–R02– 

OAR–2010–0131, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: Werner.Raymond@epa.gov. 

• Fax: 212–637–3901 

• Mail: Raymond Werner, Chief, Air 

Programs Branch, Environmental 

Protection Agency, Region 2 Office, 290 

Broadway, 25th Floor, New York, New 

York 10007–1866. 

• Hand Delivery: Raymond Werner, 

Chief, Air Programs Branch, 

Environmental Protection Agency, 

Region 2 Office, 290 Broadway, 25th 

Floor, New York, New York 10007– 

1866. Such deliveries are only accepted 

during the Regional Office’s normal 

hours of operation. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 a.m. to 

4:30 p.m. excluding Federal holidays. 

Instructions: Direct your comments to 

Docket No. EPA–R02–OAR–2010–0131. 

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 or 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 

WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS