Federal Register / Vol. 77, No. 41 / Thursday, March 1, 2012 / Proposed Rules 12527 

(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: 

Adrianne Borgia, EPA Region IX, (415) 

972–3576, borgia.adrianne@epa.gov. 

SUPPLEMENTARY INFORMATION: This 

proposal addresses the following local 

rules: AVAQMD Rule 109, 

Recordkeeping for Volatile Organic 

Compound Emissions and MDAQMD 

Rule 1117, Graphic Arts and Paper, 

Film, Foil and Fabric Coatings. In the 

Rules and Regulations section of this 

Federal Register, we are approving 

these local rules in a direct final action 

without prior proposal because we 

believe these SIP revisions are not 

controversial. If we receive adverse 

comments, however, we will publish a 

timely withdrawal of the direct final 

rule and address the comments in 

subsequent action based on this 

proposed rule. Please note that if we 

receive adverse comment on an 

amendment, paragraph, or section of 

this rule and if that provision may be 

severed from the remainder of the rule, 

we may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. 

We do not plan to open a second 

comment period, so anyone interested 

in commenting should do so at this 

time. If we do not receive adverse 

comments, no further activity is 

planned. For further information, please 

see the direct final action. 

Dated: January 13, 2012. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

[FR Doc. 2012–4976 Filed 2–29–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2012–0020; FRL–9634–4] 

Revisions to the California State 

Implementation Plan, Antelope Valley 

Air Quality Management District and 

San Joaquin Valley Unified Air 

Pollution Control District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

revisions to the Antelope Valley Air 

Quality Management District 

(AVAQMD) and San Joaquin Valley 

Unified Air Pollution Control District 

(SJVUAPCD) portions of the California 

State Implementation Plan (SIP). These 

revisions concern negative declarations 

for volatile organic compound (VOC) 

and oxides of sulfur source categories. 

We are proposing to approve these 

negative declarations under the Clean 

Air Act as amended in 1990 (CAA or the 

Act). 

DATES: Any comments on this proposal 

must arrive by April 2, 2012. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2012–0020, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the on-line 

instructions. 

2. Email: steckel.andrew@epa.gov. 

3. 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 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 

www.regulations.gov or email. 

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 email 

directly to EPA, your email 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. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: The index to the docket for 

this action is available electronically at 

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: 

Cynthia Allen, EPA Region IX, (415) 

947–4120, allen.cynthia@epa.gov. 

SUPPLEMENTARY INFORMATION: This 

proposal addresses the following 

negative declarations listed in Table I: 

TABLE 1—SUBMITTED NEGATIVE DECLARATIONS

Local agency Title Adopted Submitted 

AVAQMD .................... Petroleum Coke Calcining Operations—Oxides of Sulfur ...................................................... 01/18/11 06/20/11 

SJVUAPCD ................ Synthesized Pharmaceutical Products Manufacturing ........................................................... 04/16/09 06/18/09 

SJVUAPCD ................ Coating Operations at Shipbuilding/Ship Repair Facilities ..................................................... 04/16/09 06/18/09 

SJVUAPCD ................ Manufacture of Pneumatic Rubber Tires ................................................................................ 12/16/10 06/20/11 

In the Rules and Regulations section 

of this Federal Register, we are 

approving these negative declarations in 

a direct final action without prior 

proposal because we believe these 

negative declarations are not 

controversial. If we receive adverse 

comments, however, we will publish a 

timely withdrawal of the direct final 

rule and address the comments in 

subsequent action based on this 

proposed rule. Please note that if we 

receive adverse comment on an 

amendment, paragraph, or section of 

this rule and if that provision may be 

severed from the remainder of the rule, 

we may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. 

We do not plan to open a second 

comment period, so anyone interested 

in commenting should do so at this 

time. If we do not receive adverse 

comments, no further activity is 

planned. For further information, please 

see the direct final action. 


srobinson on DSK4SPTVN1PROD with PROPOSALS
12528 Federal Register / Vol. 77, No. 41 / Thursday, March 1, 2012 / Proposed Rules 

Dated: February 9, 2012. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

[FR Doc. 2012–4675 Filed 2–29–12; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL MARITIME COMMISSION 

46 CFR Part 502 

[Docket No. 11–05] 

RIN 3072–AC43 

Amendments to Commission’s Rules 

of Practice and Procedure—Subparts E 

and L 

AGENCY: Federal Maritime Commission. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Federal Maritime 

Commission proposes to amend Subpart 

E (Proceedings; Pleadings; Motions; 

Replies) and Subpart L (Depositions, 

Written Interrogatories, and Discovery) 

of its Rules of Practice and Procedure to 

update and clarify the rules and to 

reduce the burden on parties to 

proceedings before the Commission. 

DATES: Comments or suggestions due on 

or before April 30, 2012. 

ADDRESSES: Address all comments 

concerning this proposed rule to: Karen 

V. Gregory, Secretary, Federal Maritime 

Commission, 800 North Capitol Street 

NW., Washington, DC 20573–0001, 

Phone: (202) 523–5725, Email: 

secretary@fmc.gov. 

SUPPLEMENTARY INFORMATION: 

Submit Comments: Submit an original 

and five (5) copies in paper form, and 

if possible, send a PDF of the document 

by email to secretary@fmc.gov. Include 

in the subject line: Docket No. 11–05, 

and [Company/Individual Name]. 

Background 

The Commission’s Rules of Practice 

and Procedure, 46 CFR part 502, govern 

procedures before the Commission. 46 

CFR 502.1-.991. The rules are in place 

to secure just, speedy, and inexpensive 

resolution of proceedings before the 

Commission. The Commission has 

determined to amend Part 502 of Title 

46 of the Code of Federal Regulations to 

update and improve the Commission’s 

Rules of Practice and Procedure and to 

reduce the burden on parties to 

proceedings before the Commission. 

As a first step in updating and 

improving its procedural rules, the 

Commission already issued a Final Rule 

with respect to certain rules in Subparts 

A, H, I, S, and T of its Rules of Practice 

and Procedure. 76 FR 10258 (February 

24, 2011). The Commission also issued 

an Advance Notice of Proposed 

Rulemaking (ANPR) to seek comments 

on further amendments to improve its 

rules. 76 FR 19022 (April 6, 2011). 

In continuance of its efforts to 

modernize its rules, the Commission 

proposes to amend Subpart E 

(Proceedings; Pleadings; Motions; 

Replies) and Subpart L (Disclosures and 

Discovery) of its Rules of Practice and 

Procedure. 

Comments in Response to ANPR 

In response to the ANPR, the 

Commission received comments from 

Nathan Barillo, student at Villanova 

University School of Law (Barillo), and 

the Law Firm of Rodriguez O’Donnell 

Gonzalez & Williams, P.C., Washington 

DC (ROGW). Barillo’s comments 

focused on electronic delivery systems 

that the Commission should consider in 

connection with its filing and docket 

requirements. Based on experience with 

various systems, he advocates the use of 

a cloud computing system in which 

documents can be filed giving multiple 

users ability to access information from 

a remote location and server. Such a 

system would permit the Commission to 

receive documents electronically and 

allow Commission personnel and public 

users to access the documents at any 

time and from any location. He names 

several commercial systems as viable 

options for an online submission 

system, and also suggests that a 

government created system could 

alleviate security concerns. Barillo 

believes that cloud computing would 

streamline efficiency and reduce staff 

labor in dealing with paper, but 

nevertheless acknowledges that the 

Commission must also consider the 

needs of a small segment of the 

population that may not have access to 

a computer. 

ROGW’s attorneys frequently appear 

before the Commission in adjudications, 

rulemakings, and various other 

regulatory matters. ROGW commends 

the recent amendments to the 

Commission’s rules addressing 

electronic filing in PDF format as well 

as paper. ROGW recommends adoption 

of a filing system similar to the Public 

Access to Court Electronic Records 

(PACER) system currently used in the 

federal courts. Through PACER, the 

federal judiciary allows and in most 

cases, requires, electronic filing of 

documents and public access to filings 

through a centralized system. ROGW 

believes that if funding permits, 

adoption of such a system would permit 

Commission personnel and private 

practitioners to obtain access to formal 

and informal proceedings and public 

docket information via the Internet. 

With respect to the substance of 

certain rules, ROGW states that the 

applicability of the Federal Rules of 

Civil Procedure (FRCP) in Commission 

proceedings is not always clear and that 

the federal rules should be applied 

whenever possible. Specifically, ROGW 

suggests that adoption of FRCP 56 

procedures for summary judgment 

would allow for more expeditious 

litigation. Similarly, ROGW 

recommends that the FRCP 41 

procedures for voluntary and 

involuntary dismissals be included in 

the Commission’s rules. ROGW explains 

that under the Commission’s rules, after 

reaching a settlement in a case, the 

litigants cannot simply file a notice 

dismissing the complaint, but rather 

must file a motion for approval of the 

settlement. ROGW asserts that this 

requirement results in unnecessary 

expense of resources for the 

Commission and the parties and 

believes that the better approach is 

provided by the federal rule. Finally, 

ROGW supports adoption of the 

discovery rules in the FRCP, in 

particular the requirements for initial 

disclosures, identification of expert 

witnesses, procedures for claiming 

privilege and protection of trial 

preparation materials, limitations on 

depositions and interrogatories, and the 

30-day response period for production 

of documents and interrogatories. Based 

on its experience, ROGW submits that 

mandatory disclosures would reduce 

the need to file motions to compel. 

However, ROGW believes that in 

considering adoption of these federal 

rules, due regard should be given to the 

differences in the nature of proceedings 

and practice in the federal courts and 

before the Commission. 

Subpart E—Proceedings; Pleadings; 

Motions; Replies 

The revisions to Subpart E are 

intended both to streamline the current 

rules for ease of use by the public and 

to provide parties to Commission 

proceedings with greater clarity as to the 

requirements pertaining to the conduct 

of proceedings, specifically motions, 

intervention and dismissals. Also as 

described below, this proposed 

amendment sets out a new procedure 

for the conduct of Commission initiated 

enforcement proceedings. Minor 

changes are also proposed to reorder 

sections and enhance clarity generally. 

Rule 62—Private Party Complaints for 

Formal Adjudication 

Rule 62, 46 CFR 502.62, governs the 

filing of private party complaints for 

formal adjudication and has been 

revised for clarification and modernized 


srobinson on DSK4SPTVN1PROD with PROPOSALS