Federal Register / Vol. 74, No. 157 / Monday, August 17, 2009 / Proposed Rules 41361 

review which guided the review 

process. For these particular expert peer 

reviews, the charge questions were 

reviewed by OMB. As part of the review 

process, the Contractor also developed 

the expert peer review record which 

EPA is now publicly available. The 

expert peer reviewers were charged with 

working independently and were not 

asked to reach a consensus decision. 

Notice of Availability: The expert peer 

review records completed in this 

process are now available in the public 

docket and available at http:// 

www.epa.gov/otaq/renewablefuels/ 

index.htm. 

The docket includes: Materials 

provided to the expert peer reviewers; 

list of names and affiliations of the 

expert peer reviewers; a summary of 

comments, as well as comments 

attributable to individual reviewers. 

Dated: August 7, 2009. 

Margo T. Oge, 

Director, Office of Transportation and Air 

Quality. 

[FR Doc. E9–19466 Filed 8–14–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–2009–0227; FRL–8945–2] 

National Oil and Hazardous Substance 

Pollution Contingency Plan; National 

Priorities List 

AGENCY: Environmental Protection 

Agency. 

ACTION: Notice of Intent To Delete the 

Island Chemical Corp/Virgin Islands 

Chemical Corp. Superfund Site From 

the National Priorities List. 

SUMMARY: The Environmental Protection 

Agency (EPA) Region 2 is issuing a 

Notice of Intent to Delete the Island 

Chemical Corp/Virgin Islands Chemical 

Corp. (Site) located in St. Croix, Virgin 

Islands, from the National Priorities List 

(NPL) and requests public comments on 

this proposed action. The NPL, 

promulgated pursuant to section 105 of 

the Comprehensive Environmental 

Response, Compensation, and Liability 

Act (CERCLA) of 1980, as amended, is 

an appendix of the National Oil and 

Hazardous Substances Pollution 

Contingency Plan (NCP). The EPA and 

the Territory of U.S.Virgin Islands, 

through the Virgin Islands Department 

of Planning and Natural Resources have 

determined that all appropriate 

response actions under CERCLA, have 

been completed. However, this deletion 

does not preclude future actions under 

Superfund. 

DATES: Comments must be received by 

September 16, 2009. 

ADDRESSES: Submit your comments, 

identified by Docket ID no. EPA–HQ– 

SFUND–2009–0227, by one of the 

following methods: 

• http://www.regulations.gov. Follow 

on-line instructions for submitting 

comments. 

• E-mail: kwan.caroline@epa.gov. 

• Fax: (212) 637–4284. 

• Mail: U.S. Environmental 

Protection Agency, Region 2, 290 

Broadway, 20th floor, New York, NY 

10007–1866. 

• Hand delivery: U.S. Environmental 

Protection Agency, Region 2, 290 

Broadway, 20th floor, New York, NY. 

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–SFUND–2009– 

0227. 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 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 statue. Certain other 

material, such as copyrighted material, 

will be publicly available only in the 

hard copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at: 

U.S. Environmental Protection Agency, 

Region 2, 290 Broadway, Superfund, 

Record Center, Room 1828, New York, 

NY 10007–1866. Hours: Monday to 

Friday from 9 a.m. to 5 p.m. 

Telephone No. (212) 637–4308 

Department of Planning and Natural 

Resources, 45 Mars Hill, Frederiksted, 

U.S. Virgin Islands, 00850. Hours: 

Monday to Friday from 9 a.m. to 5 

p.m. Telephone No. (340) 773–1082. 

U.S. Environmental Protection Agency, 

Caribbean Environmental Protection 

Division, Tunick Building, Suite 102, 

1336 Beltjen Road, St. Thomas, VI 

00801. Hours: Monday to Friday from 

9 a.m. to 5 p.m. Telephone No. (340) 

714–2333. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Caroline Kwan, Remedial Project 

Manager, U.S. Environmental Protection 

Agency, Region 2, 290 Broadway, 20th 

floor, New York, NY 10007–1866, (212) 

637–4275, e-mail: 

kwan.caroline@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

‘‘Rules and Regulations’’ Section of 

today’s Federal Register, we are 

publishing a direct final Notice of 

Deletion of Island Chemical Corp/Virgin 

Islands Chemical Corp. Site without 

prior Notice of Intent to Delete because 

we view this as a noncontroversial 

revision and anticipate no adverse 

comment. We have explained our 

reasons for this deletion in the preamble 

to the direct final Notice of Deletion, 

and those reasons are incorporated 

herein. If we receive no adverse 

comment(s) on this deletion action, we 

will not take further action on this 

Notice of Intent to Delete. If we receive 

adverse comment(s), we will withdraw 

the direct final Notice of Deletion, and 

it will not take effect. We will, as 

appropriate, address all public 

comments in a subsequent final Notice 

of Deletion based on this Notice of 

Intent to Delete. We will not institute a 

second comment period on this Notice 

of Intent to Delete. Any parties 

interested in commenting must do so at 

this time. 

For additional information, see the 

direct final Notice of Deletion which is 

located in the Rules section of this 

Federal Register. 


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41362 Federal Register / Vol. 74, No. 157 / Monday, August 17, 2009 / Proposed Rules 

List of Subjects in 40 CFR Part 300 

Environmental protection, Air 

pollution control, Chemicals, Hazardous 

waste, Hazardous substances, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements, Superfund, Water 

pollution control, Water supply. 

Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 

9601–9657; E.O. 12777, 56 FR 54757, 3 CFR, 

1991 Comp., p. 351; E.O. 12580, 52 FR 2923; 

3 CFR, 1987 Comp., p. 193. 

Dated: August 3, 2009. 

George Pavlou, 

Acting Regional Administrator, Region 2. 

[FR Doc. E9–19509 Filed 8–14–09; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Part 544 

[Docket No. NHTSA–2009–0050] 

RIN 2127–AK46 

Insurer Reporting Requirements; List 

of Insurers Required To File Reports 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Notice of proposed rulemaking. 

SUMMARY: This document proposes to 

amend Appendices A, B and C of 49 

CFR Part 544, Insurer Reporting 

Requirements. The appendices list those 

passenger motor vehicle insurers that 

are required to file reports on their 

motor vehicle theft loss experiences. An 

insurer included in any of these 

appendices would be required to file 

three copies of its report for the 2006 

calendar year before October 25, 2009. 

If the passenger motor vehicle insurers 

remain listed, they must submit reports 

by each subsequent October 25. We are 

proposing to add and remove several 

insurers from relevant appendices. 

DATES: Comments must be submitted 

not later than October 16, 2009. 

ADDRESSES: You may submit comments, 

identified by DOT Docket No. NHTSA– 

2009–0050 by any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

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

online instructions for submitting 

comments. 

• Mail: Docket Management Facility: 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., West Building, 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery or Courier: West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC, between 9 a.m. and 5 

p.m. ET, Monday through Friday, except 

Federal holidays. 

• Fax: 1–202–493–2251. 

Instructions: For detailed instructions 

on submitting comments and additional 

information on the rulemaking process, 

see the Public Participation heading of 

the SUPPLEMENTARY INFORMATION section 

of this document. Note that all 

comments received will be posted 

without change to http:// 

www.regulations.gov, including any 

personal information provided. Please 

see the Privacy Act heading below. 

Privacy Act: Anyone is able to search 

the electronic form of all 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 DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477–78) or you may visit http:// 

DocketInfo.dot.gov. 

Docket: For access to the docket to 

read background documents or 

comments received, go to the street 

address listed above. The Internet access 

to the docket will be at http:// 

www.regulations.gov. Follow the online 

instructions for accessing the dockets. 

FOR FURTHER INFORMATION CONTACT: 

Carlita Ballard, Office of International 

Policy, Fuel Economy and Consumer 

Programs, NHTSA, 1200 New Jersey 

Avenue, SE., Washington, DC 20590, by 

electronic mail to 

Carlita.Ballard@dot.gov. Ms. Ballard’s 

telephone number is (202) 366–0846. 

Her fax number is (202) 493–2990. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Pursuant to 49 U.S.C. 33112, Insurer 

reports and information, NHTSA 

requires certain passenger motor vehicle 

insurers to file an annual report with the 

agency. Each insurer’s report includes 

information about thefts and recoveries 

of motor vehicles, the rating rules used 

by the insurer to establish premiums for 

comprehensive coverage, the actions 

taken by the insurer to reduce such 

premiums, and the actions taken by the 

insurer to reduce or deter theft. Under 

the agency’s regulation, 49 CFR Part 

544, the following insurers are subject to 

the reporting requirements: 

(1) Issuers of motor vehicle insurance 

policies whose total premiums account 

for 1 percent or more of the total 

premiums of motor vehicle insurance 

issued within the United States; 

(2) issuers of motor vehicle insurance 

policies whose premiums account for 10 

percent or more of total premiums 

written within any one state; and 

(3) rental and leasing companies with 

a fleet of 20 or more vehicles not 

covered by theft insurance policies 

issued by insurers of motor vehicles, 

other than any governmental entity. 

Pursuant to its statutory exemption 

authority, the agency exempted certain 

passenger motor vehicle insurers from 

the reporting requirements. 

A. Small Insurers of Passenger Motor 

Vehicles 

Section 33112(f)(2) provides that the 

agency shall exempt small insurers of 

passenger motor vehicles if NHTSA 

finds that such exemptions will not 

significantly affect the validity or 

usefulness of the information in the 

reports, either nationally or on a stateby-state basis. The term ‘‘small insurer’’ 

is defined, in Section 33112(f)(1)(A) and 

(B), as an insurer whose premiums for 

motor vehicle insurance issued directly 

or through an affiliate, including 

pooling arrangements established under 

state law or regulation for the issuance 

of motor vehicle insurance, account for 

less than 1 percent of the total 

premiums for all forms of motor vehicle 

insurance issued by insurers within the 

United States. However, that section 

also stipulates that if an insurance 

company satisfies this definition of a 

‘‘small insurer,’’ but accounts for 10 

percent or more of the total premiums 

for all motor vehicle insurance issued in 

a particular state, the insurer must 

report about its operations in that state. 

In the final rule establishing the 

insurer reports requirement (52 FR 59; 

January 2, 1987), 49 CFR Part 544, 

NHTSA exercised its exemption 

authority by listing in Appendix A each 

insurer that must report because it had 

at least 1 percent of the motor vehicle 

insurance premiums nationally. Listing 

the insurers subject to reporting, instead 

of each insurer exempted from reporting 

because it had less than 1 percent of the 

premiums nationally, is 

administratively simpler since the 

former group is much smaller than the 

latter. In Appendix B, NHTSA lists 

those insurers required to report for 

particular states because each insurer 

had a 10 percent or greater market share 

of motor vehicle premiums in those 

states. In the January 1987 final rule, the 

agency stated that it would update 

Appendices A and B annually. NHTSA 

updates the appendices based on data 

voluntarily provided by insurance 


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